Is there any case in which a citizen meets health requirements as prescribed but still not required to join the military service? This is the question of Mr. Cuong in Dak Nong sent to LawNet for advise.
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LawNet would like to answer Mr. Cuong’s question as follows:
According to Article 41 of the Law on Military Service 2015, Point c Clause 1 Article 49 of the Law on Militia and Self-defense Forces 2019 of Vietnam and Articles 4, 5 of Circular No. 148/2018/TT-BQP of the Ministry of National Defense of Vietnam, even though all health standards are met, citizens still do not have to participate in military service in 2020 in the following cases:
- Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;
- Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;
- Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;
- Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;
- Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;
- Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level;
- Citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;
- Citizen who is a brother of revolutionary martyrs.
- Citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;
- Citizen who is carrying out cipher activities and not a soldier or police;
- Citizen who is an official or a youth volunteer assigned to an extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
- Low cultural requirements: Have an educational level of less than 8th grade or less than 7th grade for difficult localities, not ensuring enough military quotas;
- Standing militia.
Thus, it can be seen that in the 13 above-mentioned cases, even if citizens meet the health standards according to regulations, they will still be postponed or exempted from performing military service in 2020. However, in these cases, if the person is temporarily deferred or exempted from volunteering, he or she will still be considered for selection and called into the army.
Notably, the lists of citizens eligible for postponement and exemption from conscription shall be posted publicly at the head offices of the People’s Committees of communes and/or relevant organizations or agencies for 20 days from the day in which the Chairmen of the People’s Committees of ward-level sign the Decision.
Nguyen Trinh
