Cases of elimination from list of people registering for military service in Vietnam

What are the cases of elimination from list of people registering for military service in Vietnam? - Quang Minh (Ha Tinh)

Cases of elimination from list of people registering for military service in Vietnam

Cases of elimination from list of people registering for military service in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of elimination from list of people registering for military service in Vietnam

Citizen shall be eliminated from list of people registering for military service in the following cases:

- Die;

- Exceed the age for military service in reserve force;

- Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;

- Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;

- Any citizen whose right to serve in People’s armed forces is revoked.

- The disabled, people with fatal diseases, mental illness or chronic diseases according to the law provisions may enjoy exemption from military service.

Within 10 days from the day on which the confirmation of competent authorities is received, Military Command of communes, establishments where the citizens specified in above work or study at shall report to the Military Command for decision.

(Article 19 of the Law on Military Service 2015)

2. Military service registration receiving agencies in Vietnam

- Military Commands of communes shall be responsible for the registration of residents in local area.

- Military Commands of agencies/organizations of shall be responsible for military service registration of citizens working or studying in such agencies/organizations then collect and report to Military Commands of districts in local areas.

If an establishment does not have Military Command, the heads or legal representatives of such agencies/organizations shall direct the citizen to register for military service in their local areas.

(Article 15 of the Law on Military Service 2015)

3. Regulations on registration for military service in Vietnam

3.1 Regulations on initial registration for military service

- In every January, Presidents of People’s Committees of communes, heads or legal representatives of agencies/organizations report to Military Commands of districts the List of male citizens who turn 17 years old and male citizens subject to military service that have not registered for military service.

- In every April, Military Commander of districts shall send the call-up papers to citizens specified in clause 1 of Article 16 of the Law on Military Service 2015 to perform initial registration for military service.

- Citizens shall perform initial registration for military service at military service registration receiving agencies specified in Article 15 of the Law on Military Service 2015.

(Article 16 of the Law on Military Service 2015)

3.2 Regulations on supplemental registration for military service in Vietnam

Any citizen having registered for military service who has changes in position, educational level, qualification, health conditions and other information relating to military service shall make supplemental registration at military registration receiving agencies.

(Clause 1, Article 17 of the Law on Military Service 2015)

3.3 Regulations on military service registration in case of change in residence or workplace/school

- Any citizen having registered for military service who has changes in place of residence, workplace or school shall come to the agencies where he/she has registered for military service to carry out the procedures for modification of military service registration; within 10 working days from the day on which a citizen move to the new place of residence/work/study, he/she shall make military service re-registration.

- Any citizen having registered for military service who is going to study at vocational education institutions or higher education institutions of national education system shall come to the agencies where he/she has registered for military service to carry out the procedures for modification of military service registration;

After the studying period, such citizen shall carry out the procedures for military service re-registration. Heads of educational institutions shall provide citizens with conditions and guidelines for military service registration and modification of military service registration.

(Clause 2, Article 17 of the Law on Military Service 2015)

3.4 Regulations on registration for absenteeism from military service in Vietnam

Any citizen having registered for military service who leaves his/her residential place, workplace or schools for 03 months or more shall register for absenteeism from military service; if such citizen returns his/her place of resident/work/study, he/she shall make re-registration for military service within 10 working days.

(Clause 3, Article 17 of the Law on Military Service 2015)

Ho Quoc Tuan

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