Criminal liability for avoiding conscription in Vietnam

Criminal liability for avoiding conscription in Vietnam (Internet image)

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

1. Age subject to conscription in Vietnam

Pursuant to Article 30 of the Law on Military Service 2015, the age subject to conscription in Vietnam is as follows:

- 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.

2. Requirements for conscription and service in People’s Army force in Vietnam

A citizen shall be conscripted into the army if he/she satisfies the following conditions:

- 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.

Thus, citizens shall be conscripted into the army when they meet the above criteria.

(Article 31 of the Law on Military Service 2015)

3. Criminal liability for avoiding conscription in Vietnam

According to Article 332 of the Penal Code 2015, the criminal liability for avoiding conscription in Vietnam is as follows:

- Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

+ The offender injures himself/herself to avoid conscription;

+ The offence is committed in wartime;

+ The offender drags another person into committing the offence.

Thus, those who avoid conscription can be sentenced to imprisonment with a maximum penalty of up to 5 years.

4. Criminal liability for obstruction of conscription in Vietnam

Those who obstruct others from performing their military service shall be handled according to Article 335 of the Penal Code 2015 as follows:

- Any person who deliberately obstructs conscription, enlistment, military training order shall receive a warning or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

- If this offence involves the offender's abuse of his/her power or position or is committed in wartime, the offender shall face a penalty of 02 - 05 years' imprisonment.

Thus, anyone who obstructs others from performing military service can be sentenced to a maximum prison term of up to 5 years.

5. Entities must not register for military service in Vietnam

According to Article 13 of the Law on Military Service 2015, citizens in any of the following cases must not register for military service:

- 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.

However, when the duration of measures specified in clause 1 of this Article expired, the citizen may register for military service.

Nguyen Ngoc Que Anh

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