Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers in Vietnam

Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers in Vietnam (Internet image) 

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

1. Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers in Vietnam

Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers according to Article 22 of the Law on Military Service 2015 is as follows:

- Duration of service in regular armed force of non-commissioned officers/enlisted soldiers is calculated from the day on which the soldiers are transferred or from the day on which People's Army accept the soldiers to the demobilized day decided by competent authorities.

- The duration of desertion and time of serving the temporary prison sentence shall not be included in duration of service in regular armed force.

2. Competence in decision on request for conscription into the army and the police in Vietnam

Competence in decision on request for conscription into the army and the police according to Article 34 of the Law on Military Service 2015 is as follows:

- The Prime Minister shall decide the time and quantity of citizens subject to conscription and service in People’s Army or People’s Police in provinces; give decision on request for the second request for conscription and service in People’s Army or People’s Police; give decision on adjustment of quantity and time of request for conscription and service in People’s Army in provinces according to the regulations in Article 33 of the Law on Military Service 2015.

- Pursuant to the decision of the Prime Minister, the Minister of National Defense and the Minister of Public Security shall give decisions on the quantity of citizens subject to conscriptions and service in People’s Army or People’s Police assigned to each affiliated unit in each province.

- Presidents of the People’s Committees of provinces shall give decision on assignment of enlisted soldiers to districts.

- The Commanders of military agencies in provinces/districts, Director of Police department of provinces, Head of police department of the districts shall be responsible for consulting the President of the People’s Committees of the same level on the quantity of citizens who are enlisted for service in People’s Army or People’s Police; direct the selection of citizens for enlisting and performing service in People’s Army or People’s Police.

- Presidents of People’s Committees of districts shall make decision on assignment of citizens who shall be enlisted for service in People’s Army or People’s Police in communes and local organizations; give decision on lists of citizens subject to conscription and service in People’s Army or People’s Police at the request of Board of military service at the same level.

- The Commander of Military of districts shall send a call-up paper to each citizen requesting them to join the army; head of Police departments of districts shall send a call-up paper to each citizen requesting them to perform the service in People’s Army. The conscription and call-up for service in People’s Army shall be sent to the citizens at least 15 days before the time prescribed in the order.

3. Regulations on pre-enlistment medical check-up for conscripted citizens in Vietnam

Regulations on pre-enlistment medical check-up for conscripted citizens according to Article 40 of the Law on Military Service 2015 are as follows:

- Presidents of People’s Committees of districts shall issue the decision on establishment of Pre-enlistment check-up board at the request of Offices of Health of the same levels.

- The Military Commander of district is in charge of issuing order for medical examination for citizens conscripted into the army; Head of Police department of the district is in charge of issuing order for medical examination for citizens conscripted into the police. The order for medical examination shall be sent to the citizens at least 15 days before the date of examination.

- The Pre-enlistment check-up board of districts shall provide medical examination for citizens subject to conscription; in case of necessity, the Pre-enlistment check-up board of districts shall decide the subclinical examination, including examination for drugs, HIV; ensuring the accuracy and taking responsibilities for the result of pre-enlistment check-up.

- The pre-enlistment check-up shall be conducted from November 01st to December 31st of every year. Time of the second pre-enlistment check-up shall be according to the regulations in Article 33 of this Law and decided by the Prime Minister.

- The results of medical examination shall be posted at the head office of People’s Committees of communes and relevant organizations/agencies within 20 days.

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