Conditions for non-commissioned officers and soldiers to be demobilized before the time limit in Vietnam

Conditions for non-commissioned officers and soldiers to be demobilized before the time limit in Vietnam (Internet image)

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

1. Conditions for non-commissioned officers and soldiers to be demobilized before the time limit in Vietnam

Specifically, Clause 3, Article 4, Circular 279/2017/TT-BQP stipulates that non-commissioned officers and soldiers are demobilized ahead of time when one of the following conditions exists:

- The health assessment council from the division level, equivalent, or higher, or the competent medical assessment council, concludes that he does not meet the health standards for active duty service according to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP.

- The Commune-level People's Committee and the District-level Military Command confirm that families in difficult circumstances are subject to temporary postponement of military service as prescribed in Points b and c, Clause 1, Article 41 of the Law on Military Service 2015 as follows:

+ Being the only worker who must directly take care of relatives who are no longer able to work or have not yet reached working age; in a family that has suffered serious loss of life and property due to accidents, natural disasters, or dangerous epidemics certified by the commune-level People's Committee;

+ A child of a sick soldier who was infected with Agent Orange and whose working capacity was reduced from 61% to 80%.

- The Commune-level People's Committee and the District-level Military Command confirm that families in difficult circumstances are exempt from military service as prescribed in Points a, b, c, Clause 2, Article 41 of Law on Military Service 2015, specifically as follows:

+ Children of martyrs, children of first-class wounded soldiers;

+ A brother or sister of a martyr;

+ One child of a second-class invalid; a child of a sick soldier whose working capacity has been reduced by 81% or more; A child of a person infected with Agent Orange has a reduced working capacity of 81% or more.

- The Military Security Protection Agency reports to the competent authority to decide that it does not meet the political standards as prescribed in Article 5 of Joint Circular 16/2016/TTLT-BYT-BQP.

2. Premature discharge records in Vietnam

In case of premature discharge, documents include:

- Non-commissioned officers and soldiers who have served in active duty for 1 full month or more, if they are not eligible for active duty service, the discharge application must be completed according to the provisions of Clause 1, Article 5 of Circular 279/2017/TT-BQP (demobilization decision clearly stating the reason for demobilization) and enclosed with one of the following documents:

+ Minutes of health assessment from the Health Assessment Council at the division level or equivalent or higher or medical assessment minutes from the competent Medical Assessment Council concluding that he is not fit to serve on active duty. according to the provisions of Point a, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

+ Certificate of the commune-level People's Committee and district-level Military Command that the family is in difficult circumstances as prescribed in Points b and c, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

+ Document from a competent authority concluding that it does not meet the political standards as prescribed in Point d, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

- Non-commissioned officers and soldiers who have served on active duty for less than 01 month, if they are not qualified to serve on active duty, shall notify the unit commander at the regimental level or equivalent or higher in writing and clearly state the reason for not being eligible for active duty service, accompanied by the military enlistment dossier to be returned to the district-level locality where the troops are assigned according to regulations.

(Clause 2, Article 5, Circular 279/2017/TT-BQP)

3. Authority to resolve military discharge in Vietnam

Pursuant to Article 6 of Circular 279/2017/TT-BQP, the authority to handle military discharge as follows:

- The Minister of National Defense decides the time and number of non-commissioned officers and soldiers demobilized every year.

- The commander of the regiment and the equivalent decide to demobilize non-commissioned officers and soldiers under his authority.

- Commanders at division level and equivalent or higher consider and approve cases of non-commissioned officers and soldiers demobilized before the deadline as prescribed in Clause 3, Article 4 of Circular 279/2017/TT-BQP.

- Within 12 months from the date of issuance of the decision to demobilize non-commissioned officers and soldiers to return to their localities, if an individual is accepted to work at a State agency, organization, or economic establishment belonging to any economic sector and wishes to apply for transfer procedures to the place of employment, the Commander of the District Military Command will consider and resolve the matter according to regulations.

Ho Quoc Tuan

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