Forms of discipline for people committing desertion in Vietnam

Forms of discipline for people committing desertion in Vietnam (Internet image)

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

1. Disciplinary measures for people committing desertion in Vietnam

According to Article 20 of Circular 143/2023/TT-BQP, disciplinary measures for people committing desertion in Vietnam are prescribed as follows:

- Anyone who is absent illegally will be disciplined and reprimanded.

- (*) If you violate one of the following cases, you will be subject to disciplinary action ranging from a warning, salary reduction, demotion, dismissal, reduction of military rank, or stripping of officer rank.

+ As a commander;

+ Has been disciplined but still violates;

+ Involve others to participate;

+ In combat readiness;

+ Influences the performance of the unit's tasks.

- Violators in the following cases will be disciplined, have their military titles stripped, and be forced to resign.

Repeat offenders have been subject to the highest form of disciplinary action specified in clause (*) above.

2. Forms of discipline for people committing desertion in Vietnam

Pursuant to Article 21 of Circular 143/2023/TT-BQP, disciplinary measures for deserters are prescribed as follows:

- Anyone who deserts will be subject to a disciplinary warning and a salary reduction.

- If you violate one of the following cases, you will be subject to disciplinary action ranging from demotion, dismissal, reduction of military rank, stripping of an officer's rank to stripping of a military title, and forced termination of employment.

+ As a commander;

+ Has been disciplined but still violates;

+ Involve others to participate;

+ Causes consequences, but not to a serious level;

+ While on duty.

3. Is an act of desertion subject to criminal prosecution in Vietnam?

Pursuant to Article 402 of the Penal Code 2015, the act of desertion is stipulated as follows:

- Any person who leaves the unit to evade military service whether in wartime or while having incurred a disciplinary penalty for the same offence or causing serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

= The offender is a commander or commissioned officer;

= The offender drags another person into committing the offence;

= The offender carries, abandons military weapons or equipment or secret documents;

= The offence results in very serious consequences.

- This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:

= The offence is committed in battle;

= The offence is committed in a warzone;

= The offence is committed during a rescue mission;

= The offence is committed in time of emergency;

= The offence results in extremely serious consequences.

4. If a soldier deserts, will the unit have to send a notice to his/her locality of residence?

According to Clause 4 of Article 42 of Circular 16/2020/TT-BQP stipulates:

In cases where military deserters are disciplined for their absence, the unit shall send a written notice of handling and requests the violating soldier to return to the unit to the People's Committee of the ward, commune, town, district-level military agency where the soldier resides and the military family. If after 30 days from the date of notification, the violating soldier still does not return to the unit, he/she will be considered to have been disciplined for this behavior but still commits the violation.

Thus, for military deserters who are disciplined in absentia, the unit shall send a written notice of handling and requests the violating soldier to return to the unit to the People's Committee of the ward, commune, town, district-level military agency where the soldier resides and the military family.

Nguyen Ngoc Que Anh

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