Vietnam: Distinguishing between military service, service in People’s Public Security Force and service in Militia and Self-defense Forces

Military service, service in People’s Public Security Force and service in Militia and Self-defense Forces are all glorious obligations of citizens, which shall be distinguished as follows.

nghĩa vụ quân sự, nghĩa vụ công an, nghĩa vụ dân quân tự vệ

According to Vietnam’s current regulations, military service, service in People’s Public Security Force and service in Militia and Self-defense Forces are prescribed as follows:

Content

Military service

Service in People’s Public Security Force

Service in Militia and Self-defense Forces

Definition

Military service is the glory of citizens who serve in the People's Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army.

(Clause 1 Article 4 of the Law on Military Service 2015 of Vietnam)

A citizen’s fulfillment of the obligation to join the People’s Public Security Force means that he/she has performed their obligation to defend the Fatherland during his/her service in the people’s armed forces.

(Clause 1 Article 8 of the Law on People’s Public Security Force 2018 of Vietnam)

Militia and self-defense forces refer to mass armed forces not separated from production and work, called “militia” if organized locally and “self-defense forces” if organized in agencies and organizations.

(Clause 1 Article 2 of the Law on Militia and Self-defense Forces 2019 of Vietnam)

Subjects and age of performing the obligation

- Male citizens turn 17 years old and above

- Female citizens that have professional skills conformable with the requirements of People’s Army turn 18 years old and above.

(Article 12 of the Law on Military Service 2015 of Vietnam)

 

- Male citizens at the call-up age have registered for military service in accordance with the Law on Military Service 2015;

- Female citizens at the call-up age have registered for military service in accordance with the Law on Military Service 2015 having professional skills conformable with the requirements of the People’s Public Security Force, if voluntarily and the People's Public Security has the need, they may be considered and selected to perform the obligation to join the People's Police.

(Clause 1 Article 4 of Decree No. 70/2019/NĐ-CP of Vietnam’s Government)

- Male citizens from 18 years of age until 45 years of age inclusively;

- Female citizens from 18 years of age until 40 years of age inclusively.

In case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

(Clause 1 Article 8 of the Law on Militia and Self-defense Forces 2019 of Vietnam)

Selection criteria

1. Age:
- Citizens from 18 years of age until 45 years of age inclusively.

- A male citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns 28 years old.
2. Political standards:
- Comply with Joint Circular No. 50/2016/TTLT-BQP-BCA stipulating political standards for selecting citizens to serve in the Vietnam People's Army.

- For agencies, units and privileged positions in the Army; the army of soldiers, rituals; Guards Force and Professional Military Control shall conduct the selection according to the regulations of the Ministry of National Defense.
3. Health standards:
- Select citizens with health grade 1, 2, 3 in accordance with the provisions of Joint Circular No. 16/2016/TTLT-BYT-BQP stipulating the medical examination to perform military service.

- For agencies, units and privileged positions in the Army; the army of soldiers, rituals; Guards Force and Professional Military Control shall conduct the selection according to the regulations of the Ministry of National Defense.

- Do not call for enlistment in the Army for citizens with health type 3 refractive errors in eyes (nearsightedness of 1.5 diopters or more, farsightedness of various degrees); drug addiction, HIV infection, AIDS.
4. Cultural standards:
- Recruiting and calling up citizens with a grade 8 or higher level of education, taking them from high to low. The difficult localities that do not meet the quota for military assignment shall report to the competent authorities for consideration and decision to select the number of citizens with 7th grade education.

- Communes in deep-lying, remote areas and areas with extremely difficult socio-economic conditions as prescribed by law; ethnic minorities with less than 10,000 people may recruit no more than 25% of citizens with primary school education, the rest are lower secondary school or higher.

(Article 4 of Circular No. 148/2018/TT-BQP)

1. Have a clear background
2. Strictly abide by the line of the Party, policies and laws of the State; no criminal record, no criminal prosecution, probation, not during the period of being applied the measure of education in communes, wards or townships or sent to compulsory medical treatment establishments or compulsory educational establishments; having good qualities, ethics and conduct, being trusted by the masses of the people in the place of residence or place of study or work.

3. Ensure the political standards of non-commissioned officers and soldiers serving under the regime of duty in the People's Public Security.
4. Have a high school diploma or higher. Communes in mountainous areas, islands, ethnic minority areas and areas with extremely difficult socio-economic conditions may recruit citizens with lower secondary school diplomas.

5. Balanced body shape, not deformed and meet the health standards to perform the obligation to join the People's Police.

(Article 5 of Decree No. 70/2019/NĐ-CP of Vietnam’s Government)

1. Defined background;

2. Stringent compliance with policies and viewpoint of the Communist Party, policies, regulations and law of government;

3. Adequate health to perform tasks of militia and self-defense forces.

(Clause 1 Article 10 of the Law on Militia and Self-defense Forces 2019 of Vietnam)

 

Thời hạn phục vụ

24 months

(Clause 1 Article 21 of the Law on Military Service 2015 of Vietnam)

24 months

(Clause 1 Article 8 of the Law on People’s Public Security Force 2018 of Vietnam)

 

- Duration of participation in on-site, mobile, marine, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces is 4 years;

- Duration of participation in standing militia is 2 years.

(Clause 2 Article 8 of the Law on Militia and Self-defense Forces 2019 of Vietnam)

According to Clause 2 Article 4 of the Law on Military Service 2015 of Vietnam:

Citizens at the age for military service, regardless of ethnics, sectors, faiths, religions, education levels, occupations or residences, shall complete the military service according to the regulations in this Law.

Thus, military service of citizens is compulsory. According to Clause 1 Article 8 of the Law on Militia and Self-defense Forces 2019 of Vietnam:

Male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

Thus, for the militia and self-defense service, citizens if they are of the prescribed age are obliged to participate, if they are not of the prescribed age but volunteer, they will be considered for participation if they meet the conditions under the provisions of law. 

Meanwhile, the service in People’s Public Security Force is not mandatory, stemming from the voluntary desire of citizens on the basis of meeting the conditions prescribed by the Law on People’s Public Security Force 2018 of Vietnam.

Thuy Tram

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