Current regulations on forms and records of demobilization in Vietnam

Current regulations on forms and records of demobilization in Vietnam (Internet image)

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

1. Forms of demobilization in Vietnam

According to Article 4 of Circular 279/2017/TT-BQP, the form of demobilization is as follows:

- Non-commissioned officers and soldiers may be discharged on time when they have served the full term as prescribed in Clause 1, Article 21 of the Law on Military Service 2015.

- Non-commissioned officers and soldiers are discharged from the army after serving the full term as prescribed in Clause 1, Article 4 of Circular 279/2017/TT-BQP, and it is decided by the Minister of National Defense to extend the term of active service in accordance with the provisions of Clause 2, Article 21 of the Law on Military Service 2015.

- Non-commissioned officers and soldiers are discharged from the army ahead of time when one of the following conditions is met:

+ The medical assessment council of the divisional level and equivalent or higher or the medical assessment council of the competent level concludes that the health standards are not met for active service according to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP.

+ Commune-level People's Committees and district-level Military Commands certify that families in difficult circumstances are eligible for postponement of conscription specified at Points b and c, Clause 1, Article 41 of the Law on Military Service 2015, as follows:

++ Being the only employee who has to directly take care of relatives who are no longer able to work or have not yet reached working age, the family suffers heavy loss of life and property due to accidents, natural disasters, and dangerous epidemics, certified by the commune-level People's Committees;

++ A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%.

+ Commune-level People's Committees and district-level Military Commands certify that families in difficult circumstances are exempt from conscription specified at Points a, b, and c, Clause 2, Article 41 of the Law on Military Service 2015, as follows:

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

++ A brother or sister of the martyr;

++ One child of a second-class wounded soldier; one child of a sick soldier with a working capacity decrease of 81% or more; a child of a person infected with Agent Orange has a decrease in working capacity of 81% or more.

- The Military Security Agency shall report to the competent authority to decide that the political criteria are not met as prescribed in Article 5 of Joint Circular 50/2016/TTLT-BQP-BCA.

- During the extension of the active service period as prescribed in Clause 2, Article 4 of CCircular 279/2017/TT-BQP, if non-commissioned officers and soldiers have difficult family circumstances, do not meet the health standards, or do not meet the political standards specified at Points a, b, c, and d of Clause 3, Article 4 of Circular 279/2017/TT-BQP, they will be discharged from the army.

2. Demobilization record in Vietnam

According to Article 5 of Circular 279/2017/TT-BQP, the application for demobilization is as follows:

- In case of being discharged on time and discharged after the time limit, the application includes:

+ History of military service.

+ Health card for military service.

+ Military card.

+ Review of the working process.

+ Decision on demobilization: 05 copies (01 copy of the demobilization unit; 01 copy by the financial agency of the demobilization unit; 01 copy of the district-level military command board where non-commissioned officers and soldiers are discharged from the army; 2 copies of non-commissioned officers and soldiers discharged from the army, of which one copy is to be submitted to the vocational training establishment where non-commissioned officers and soldiers come to learn a job).

+ Other relevant documents (if any).

- In case of early discharge from the army, the dossier includes:

+ Non-commissioned officers and soldiers who have served in the army for full 01 month or more, if they are not eligible for active-duty service, the demobilization dossiers shall be made as prescribed in Clause 1, Article 5 of Circular 279/2017/TT-BQP (decision on demobilization clearly stating the reason for demobilization) and enclosed with one of the following documents:

++ Minutes of health assessment of the health assessment council from divisional level and equivalent or higher or a medical assessment report of a competent medical assessment council that concludes that he is not healthy enough to serve in the army as prescribed at Point a, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

++ A certificate of the People's Committee of the commune and the Military Command of the district being a family in difficult circumstances as prescribed at Points b, c, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

++ The document of the competent authority concluding that the political criteria are not satisfied as prescribed at Point d, Clause 3, Article 4 of Circular 279/2017/TT-BQP.

+ Non-commissioned officers and soldiers who have served in the army for less than 1 month, if they are not eligible for active service, unit commanders of regimental level or higher shall notify in writing and clearly state the reason for not being eligible to serve in the army, enclosed with the enlistment dossier and return it to the district-level locality where the troops are assigned according to regulations.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE