Legitimate reasons for being absent from the assembling time under the current regulations in Vietnam

Legitimate reasons for being absent from the assembling time under the current regulations in Vietnam (Internet image) 

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

1. Legitimate reasons for being absent from the assembling time under the current regulations in Vietnam

According to Clause 1, Article 7 of Decree 120/2013/ND-CP (amended in Decree 37/2022/ND-CP) stipulates fines from 30,000,000 VND to 40,000,000 VND shall be imposed upon failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason.

According to the above regulations, citizens who are failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason will be fined from 30,000,000 VND to 40,000,000 VND.

According to Article 4, Circular 07/2023/TT-BQP, the following 05 recognized legitimate reasons:

(1) The person required to participate in pre-enlistment medical check-up or medical check-up for reserve officer selection; or comply with the enlistment order, the call to reserve officer training or the order for concentrated training, practicing or examination on readiness for mobilization/fighting (hereinafter referred to as “conscript") is ill or involved in an accident or is ill or involved in an accident on the way and must receive treatment at the medical facility.

(2) A family member of the conscript, including his/her biological father/mother; father-in-law or mother-in-law; adoptive father/mother; legal guardian, spouse, biological child or legally adopted child, is ill or involved in an accident and she/he is receiving treatment at the medical facility.

(3) A family member of the conscript specified in (2) is deceased but the funeral has not taken place or completed.

(4) The house of the conscript or a family member of the conscript specified in (2) is located in an area struck by natural disasters, epidemics or fire seriously affecting their life.

(5) The conscript fails to receive the written call to pre-enlistment medical check-up or medical check-up for reserve officer selection; enlistment order, the call to reserve officer training or the order for concentrated training, practicing or examination on readiness for mobilization/fighting or the conscript receives the written call but the time or the location is not clearly stated in the written call due to a mistake of the competent person or authority or obstruction caused by another person according to regulations in Article 7 of Circular 07/2023/TT-BQP.

Note:

- Cases specified in points (1), (2) must be confirmed by the People's Committee of commune where they reside or the medical facility or health station of commune where they reside;

- Cases specified in points (3), (4) must be confirmed by the People's Committee of commune where they reside;

- Cases specified in point (5) must be confirmed by the People's Committee of commune where they reside or the competent authority.

2. Cases of postponement of military service in Vietnam 2024

These following citizens shall have conscription postponed:

(1) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

(2) Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;

(3) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;

(4) Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;

(5) Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;

(6) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;

(7) Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.

(8) Standing militia.

(Article 41 of the Law on Military Service 2015 (amended in the Law on Militia and Self-Defense Forces 2019))

Nguyen Ngoc Que Anh

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