Cases of dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces in Vietnam are specified in the Law on Militia and Self-defense Forces 2019.
Cases of dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces in Vietnam (Internet image)
Article 10 of the Law on Militia and Self-defense Forces 2019 stipulates the standards, selection and authorization for decision of citizens for participation in militia and self-defense forces in Vietnam as follows:
* Eligibility to be selected in militia and self-defense forces in addition to being Vietnamese citizens and within the age groups:
- Defined background;
- Stringent compliance with policies and viewpoint of the Communist Party, policies, regulations and law of government;
- Adequate health to perform tasks of militia and self-defense forces.
* Selection for militia and self-defense forces is prescribed as follows:
- Ensure public, democracy and compliance with regulations and law;
- On a yearly basis, military commands of districts shall direct and instruct People’s Committees of communes, agencies and organizations to select citizens for participation in militia and self-defense forces; military commands of districts shall directly make the selection if the districts do not have communes.
* Reservists who have not been conscripted for reserve forces shall be selected for militia and self-defense forces.
* Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to participate in militia and self-defense forces.
Article 12 of the Law on Militia and Self-defense Forces 2019 stipulates the cases of dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces in Vietnam as follows:
* A citizen shall be dismissed from militia and self-defense forces in case:
- Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or
- He/she has inadequate health to perform tasks of militia and self-defense forces; or
- His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or
- He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or
- He/she receives letter of admission in higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.
* A citizen shall be removed from list of militia and self-defense forces in case:
- He/she is deceased or declared by the court to be missing or deceased; or
- He/she is a suspect in a charge; or
- He/she is revoked from the title of militia and self-defense forces; or
- He/she is met with enforced entry to education institutions; or
- He/she is addicted to drugs according to confirmation of competent authority or met with enforced entry to rehabilitation centers;
- He/she is met with education methods in commune, ward or town.
* Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be dismissed and removed from militia and self-defense forces.
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