What are the penalties for obstruction of conscription during peacetime in Vietnam?

What are the penalties for obstruction of conscription during peacetime in Vietnam? (Internet image)

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

1. What are the penalties for obstruction of conscription during peacetime in Vietnam?

According to Article 335 of the Penal Code 2015, the crime of obstruction of conscription during peacetime is defined as follows:

- Any person who deliberately obstructs conscription, enlistment, military training order shall receive a warning or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

- If this offence involves the offender's abuse of his/her power or position or is committed in wartime, the offender shall face a penalty of 02 - 05 years' imprisonment.

Thus, in cases of taking advantage of position to obstruct conscription during peacetime, criminal liability will be prosecuted for obstructing the performance of military service and the prison sentence will be from 02 to 05 years.

2. Will reserve soldiers defying order for enlistment of military reserve force members be criminally prosecuted?

- Any person who is a member of a military reserve force but defies the enlistment order in case of a general mobilization order or local mobilization order, war or necessary enhancement of the standing army to protect the local territory or the nation's sovereignty 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 injures himself/herself to avoid enlistment;

+ The offender drags another person into committing the offence.

(Article 333 of the Penal Code 2015)

3. What are the responsibilities of agencies, organizations, and individuals in the selection and order for conscription and service in People’s Army or People’s Police in Vietnam?

Responsibilities of agencies, organizations, and individuals in the selection and order for conscription and service in People’s Army or People’s Police are prescribed as follows:

- People's Committees at all levels, agencies and organizations are responsible for recruiting and calling citizens to join the army and fulfill their obligations to join the People's Police to ensure democracy, fairness, openness and sufficient numbers. quantity, right subjects, standards, and time as prescribed by law; ensure that citizens who are called up to join the army and fulfill their obligations to join the People's Police are present at the right time and place.

- District-level People's Committees are responsible for organizing the assignment of citizens called to enlist in the army and perform their duty to join the People's Police to receiving units and organize military handover ceremonies in accordance with regulations.

- Commune-level People's Committees, agencies and organizations are responsible for publicizing the number, subjects and criteria for calling into the army; list of citizens eligible to enlist and perform their duties to join the People's Police; list of citizens called to join the army and perform their duty to join the People's Police; list of temporary postponement of military call-up and exemption of military call-up at the headquarters of commune-level People's Committees, agencies and organizations.

- The receiving unit is responsible for coordinating with the People's Committees at all levels to select and call citizens to join the army and fulfill their obligations to join the People's Police.

- Citizens called to join the army and perform their duty to join the People's Police must be present at the time and place stated in the order; In case there is a legitimate reason for not being able to arrive at the right time and place, there must be confirmation from the People's Committee of the commune where you reside or the agency or organization where you work or study and report to the Commander. Military Command, District Police Chief.

(Article 35 of the Law on Military Service 2015)

Nguyen Ngoc Que Anh

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