Cases of exemption from the obligation to participate in the militia and self-defense forces in Vietnam

Cases of exemption from the obligation to participate in the militia and self-defense forces in Vietnam​ (Image from the Internet)

1. Cases of exemption from the obligation to participate in the militia and self-defense forces in Vietnam

According to Clause 2, Article 11 of the 2019 militia and self-defense Law, citizens are exempt from the obligation to participate in the militia and self-defense forces in Vietnam in the following cases:

- Spouse or children of fallen soldiers;

- Spouse or children of wounded soldiers, war invalids, or persons affected by Agent Orange with a reduction in work capacity of 81% or more;

- Reserved military personnel who have been assigned to a reserve mobilization unit;

- Persons directly nurturing and caring for Vietnamese heroic mothers; persons directly nurturing those whose work capacity is reduced by 81% or more;

- Persons working in cipher positions.

2. Cases of deferment from the obligation to participate in the militia and self-defense forces in Vietnam

According to Clause 1, Article 11 of the 2019 militia and self-defense Law, citizens are deferred from the obligation to participate in the militia and self-defense in the following cases:

- Women who are pregnant or raising children under 36 months; men raising children under 36 months alone;

- Not having sufficient health to perform militia and self-defense duties;

- Having a spouse who is an officer, professional soldier, official, or public employee, national defense worker, non-commissioned officer, or soldier serving in the People's Army;

- Having a spouse who is an officer, non-commissioned officer, worker, or policeman serving in the People's Public Security;

- Having a spouse who is an official or public employee, or a youth volunteer who is assigned to work in areas with especially difficult socio-economic conditions according to legal regulations;

- The sole laborer in a poor or near-poor household; a person directly nurturing family members who are incapacitated or underage; someone in a family heavily affected by human and material loss due to accidents, natural disasters, or dangerous epidemics, confirmed by the Chairman of the People's Committee of the commune, the Chairman of the People's Committee of the district where there is no commune-level administrative unit, or the head of the resident or working organization;

- Spouse or one child of wounded soldiers, war invalids, or persons affected by Agent Orange with a reduction in work capacity from 61% to 80%;

- Persons studying at schools of state agencies, political organizations, socio-political organizations, educational institutions in the national education system; persons laboring, studying, or working abroad.

3. Regulations on the organization of the militia and self-defense forces in Vietnam

According to Article 15 of the 2019 militia and self-defense Law, the organization of the militia and self-defense is regulated as follows:

- Villages organize squads, teams, or platoons for local militia and self-defense.

- Communal levels organize mobile militia and self-defense platoons. Coastal and island communal levels organize mobile militia and self-defense platoons and sea militia and self-defense squads or platoons.

Based on the defense and military mission requirements, communes organize mortar squads, reconnaissance, communication, engineering, chemical, medical militia and self-defense squads or teams; key defense communes organize standing militia and self-defense squads or platoons.

- Agencies or organizations organize self-defense squads, platoons, companies, or battalions. Agencies or organizations with operating means at sea organize self-defense squads, platoons, sea companies, or sea battalions.

- Based on the organizational structure of the militia and self-defense units regulated in Clauses 1, 2, and 3 of Article 15 of the 2019 militia and self-defense Law, based on defense and military mission requirements, district levels organize mobile defense militia and self-defense platoons or companies, air defense, artillery militia and self-defense platoons, or standing militia and self-defense squads or platoons; provincial levels organize air defense, artillery militia and self-defense companies; coastal provincial levels organize standing sea militia and self-defense companies.

- The Minister of National Defense prescribes the scale, organization, and staffing of militia and self-defense units; decides the key defense communes.

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