Is the duration of military service in Vietnam two years?

Is the duration of military service in Vietnam two years? (Internet image) 

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

1. Is the duration of military service in Vietnam two years?

According to Article 21 of the Law on Military Service 2015, duration of service is as follows:

- Duration of service in regular armed force in peacetime of non-commissioned officers/enlisted soldiers is 24 months.

- The Minister of National Defense may give decision on extension of duration of service in regular armed force of non-commissioned officers/enlisted soldiers in the following cases (the extension shall not exceed 6 months):

+ To ensure the readiness for combat;

+ During the prevention and fighting against natural disasters/epidemics and the rescue activities.

- The duration of service of non-commissioned officers/enlisted soldiers in wartime or in emergency condition of national defense shall be in accordance with the general mobilization or local mobilization.

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

- The health assessment council at the division level or equivalent or higher or the medical assessment council at the competent level concludes that they do not meet the health standards for active duty service according to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP regulating medical examination for military service.

- The Commune People's Committee and the District 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 People's Committee and the District Military Command confirm that families in difficult circumstances are exempt from military service stipulated in Points a, b, and c, Clause 2, Article 41 of the 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 that it does not meet political qualifications according to the provisions of Article 5 of Joint Circular 50/2016/TTLT-BQP-BCA regulating political standards for selecting citizens to serve in the Vietnam People's Army.

Thus, according to the above regulations, citizens participate in military service for a period of 24 months. If there is a decision to extend the active duty period of the Minister of National Defense, the extended period of service shall not exceed 6 months. And be discharged from the army before the deadline when falling under the above conditions.

Citizens can be discharged after 2 years if there is a decision to extend their service period, or sooner if they fall under the conditions for early discharge.

2. Who has the authority to handle demobilization in Vietnam?

Pursuant to Article 6 of Circular 279/2017/TT-BQP, the authority to handle demobilization includes:

- 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.

- Division commanders and equivalent levels or higher shall consider and approve cases of non-commissioned officers and soldiers demobilized before the deadline as prescribed in Section 1.

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

Nguyen Ngoc Que Anh

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