Criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam

Criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam
Le Truong Quoc Dat

What are the criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam? - Trung Kien (HCMC)

Criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam

Criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam (Internet image) 

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

1. Criteria for selection for decision of citizens for participation in militia and self-defense forces in Vietnam

Standards, selection and authorization for decision of citizens for participation in militia and self-defense forces according to Article 10 of the Law on Militia and Self-defense Forces 2019 are 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.

2. Regulations on delay and exemption from participation in militia and self-defense forces during peacetime in Vietnam

Regulations on Delay and exemption from participation in militia and self-defense forces during peacetime according to Article 11 of the Law on Militia and Self-defense Forces 2019 are as follows:

- A citizen shall be delayed from participation in militia and self-defense forces in case:

+ She is pregnant or raising a child under 36 months old; he is raising a child under 36 months old; or

+ He/she has inadequate health to perform tasks of militia and self-defense forces; or

+ He/she has a spouse who is an officer, professional servicemen, official, national defense employee, non-commissioned officer or soldier serving in People’s Army; or

+ He/she has a spouse who is an officer, non-commissioned officer, soldier or policeman serving for People’s Public Security; or

+ He/she has a spouse who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according the law provisions; or

+ He/she is the only breadwinner in a poor or near poor household; person directly taking care of relatives incapable of working or not in the age for working; person within a household heavily damaged in terms of humans and assets due to accidents, disasters or diseases confirmed by Chairperson of commune or district that do not have communes, or head of agency or organization where he/she lives; or

+ He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%; or

+ He/she is studying in education institutions of regulatory authorities, political organizations, socio-political organizations and education institutions of formal education systems; he/she is working or studying abroad.

- A citizen shall be exempted from participation in militia and self-defense forces in case:

+ He/she is a spouse or child of martyrs; or

+ He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction of 81% or more; or

+ He/she is a reservist and has been arranged in reserve forces; or

+ He/she is directly taking care of Vietnamese heroic Mothers; directly taking care of persons suffering labor capacity reduction of 81% or more; or

+ He/she is working in cipher field.

- Citizens delayed or exempted from participation in militia and self-defense forces specified in Points c, d, dd, e and g Clause 1 and Points a, b and d Clause 2 of Article 11 of the Law on Militia and Self-defense Forces 2019 shall be considered for selection in case of voluntary.

- 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 delayed and exempted from participation in militia and self-defense forces.

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