What are cases of postponement and exemption from conscription in Vietnam

What are cases of postponement and exemption from conscription in Vietnam (Internet image)

1. What is military service?

According to Clause 1, Article 4 of the Law on Military Service 2015, military service is the glory of citizen to serving in People’s Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army.

2. Cases of postponement from conscription in Vietnam

Specifically, in Clause 1, Article 41 of the Law on Military Service 2015(amended by Point c, Clause 1, Article 49 of the Law on Militia and Self-Defense 2019), the cases of postponement from conscription in Vietnam include:

- Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

- 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.

- Standing militia

3. Cases of exemption from conscription in Vietnam

Citizens falling into the cases specified in Clause 2, Article 41 of the Law on Military Service 2015 will be exempted from conscription for military service:

- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;

- Any citizen who is a brother of revolutionary martyrs;

- Any 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;

- Any citizen carrying out essential tasks who is not a soldier or a People’s Army;

- Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;

4. Age subject to and requirements for conscription in Vietnam

4.1. Age subject to conscription in Vietnam

According to Article 30 of the Law on Military Service 2015, citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.

4.2. Requirements for conscription  in Vietnam

Requirements for conscription specified in Clause 1, Article 31 of the Law on Military Service 2015, are as follows:

- Have conformable profile;

- Strictly comply with the lines and policies of Communist Party, policies and laws of the State;

- Have full health for service on active duty according to the regulations;

- Have appropriate education level.

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE