What is the durations of carrying out the obligation to join the People's Army in Vietnam?- Nhat Minh (Binh Thuan)
How long is the obligation to join the People’s Army? (Picture from internet)
Regarding this issue, LawNet answers as follows:
According to Clause 3, Article 4 of Decree 70/2019/ND-CP, the durations for performing the obligation to join the People’s Army is 24 months. The Minister of Public Security decides to extend the active duty service period of non-commissioned officers and soldiers but not to exceed 6 months in the cases specified in Clause 1, Article 8 of the 2018 Law on the People's Public Security.
The time to perform the obligation is calculated from the date of citizen handover; In cases where there is no centralized delivery and receipt, it will be counted from the date the People's Public Security Unit receives it until the competent authority decides to demobilize it. The time of desertion and the time of serving a prison sentence are not counted in the time of performing duty to join the People’s Army.
Citizens are selected to perform their duty to join the People’s Army when they meet the following criteria:
- Have a clear background.
- Strictly comply with the Party's guidelines and policies and the State's policies and laws; have no criminal record, no criminal prosecution, no probation, and no period of being subjected to educational measures in communes, wards, towns, or sent to compulsory medical treatment facilities or compulsory educational institutions; Have good qualities and ethics and are trusted by the people in the place of residence, study, or work.
- Ensure political standards of non-commissioned officers and soldiers serving according to the duty regime in the People's Public Security.
- Have a high school diploma or higher. Mountainous communes, islands, ethnic minority areas, and areas with particularly difficult socio-economic conditions are allowed to recruit citizens with a secondary school diploma.
- Have balanced body shape, no deformities, and meets health standards to fulfill the obligation to join the People’s Army.
(Article 5 of Decree 70/2019/ND-CP)
Pursuant to Article 8 of Decree 70/2019/ND-CP regulating regimes and policies when performing the obligation to join the People’s Army as follows:
- During the period of carrying out a medical examination according to the order of the Chief of District Police, citizens participating in the selection to fulfill their obligations to join the People’s Army will enjoy the regimes and policies prescribed for citizens during the period of medical examination and examination for military service.
- During active service and upon demobilization, non-commissioned officers and soldiers are entitled to benefits and policies prescribed for non-commissioned officers and soldiers serving in the people's armed forces stipulated in Article 50 of the Law on Military Service 2015 and documents detailing its implementation.
Article 50 of the Law on Military Service 2015 stipulates the policies for active duty non-commissioned officers/enlisted soldiers, demobilized non-commissioned officers/enlisted soldiers and their family as follows: (1) Regarding non-commissioned officers/enlisted soldiers during service in regular armed forces: - Provided promptly and sufficiently with conformable food, military equipment, medicine; provided with accommodation, monthly allowances, necessaries and cultural and spiritual needs according to characteristic and tasks of service; provided with incentives in holidays; provided with medical care according to the laws; - From the 13th month, active duty non-commissioned officers/enlisted soldiers may apply for leave under the regime; other irregular absence shall be regulated by the Minister of National Defense; - From the 25th month, active duty non-commissioned officers/enlisted soldiers may receive 250% of current monthly rank allowances; - Counted as a member of family when his/her family is allocated or adjusted an area of housing, residential land and/or farmland; - Having the time duration on active duty included in working period of time; - Provided with preferential postage; - Provided with awards for good performance in combat, service or practice according to the law provisions; - Any active duty non-commissioned officers/enlisted soldiers who is injured or ill during the duty shall receive preferential regime according to the law provisions; - Covered by social insurance and medical insurance according to the Law on social insurance and the Law on medical insurance; - Any active duty non-commissioned officers/enlisted soldiers being members of disadvantaged households or students that receives loans from Vietnam Bank for Social Policies shall received a postponement of payment without interest according to the law provisions; - Provided with incentives in military enrollment. (2) Regarding relatives of active duty non-commissioned officers/enlisted soldiers: - Parents; parents in law; legal fosterers; wife or husband; children, legal adopted children of active duty non-commissioned officers/enlisted soldiers may have the benefits of medical insurance policyholders according to the regulations in the Law on medical insurance and have the difficulty subsidies funded from the state budget; - Children, legal adopted children of active duty non-commissioned officers/enlisted soldiers may get exemption from tuition fee when learning at public or non-public compulsory education institutions according to the law provisions on tuition fee exemption; - Regarding active duty non-commissioned officers/enlisted soldiers who die when carrying out their duty, their family may be provided with incentives according to the law provisions. (3) Regarding demobilized non-commissioned officers/soldiers: - Provided with fares and allowances for travel, demobilization allowance; - People who were studying at schools affiliated to vocational education institutions or higher education institutions before enlistment shall have the study results reserved and may continue their study at such schools; - Having preference when finding jobs; - Before the enlistment, if a person was working at a regulatory agency, political organization or a socio-political organization, then when he/she is demobilized, such agency/organization shall arrange him/her the job with earnings not lower than those of the one before they enlisted; if such agency/organization has been dissolved, the direct superior shall arrange appropriate job for him/her; - Before the enlistment, if a person was working at an economic organization, then when he/she is demobilized, such organization shall arrange him/her the job with earnings not lower than those of the one before they enlisted; if such organization has been shutdown, dissolved or bankrupt, such person shall be handled according to the policies applicable to other employees; - Having benefits from social insurance according to the provisions of Law on social insurance; - Non-commissioned officers/enlisted soldiers that are demobilized according to the regulations in clause 1 Article 43 and clause 1 Article 48 of the Law on Military Service 2015 who come back to their local areas shall get preferences in finding jobs and enrollment and recruitment of officials and civil servants; such people shall get 100% of salary and allowances of the recruitment rank in proportion to their training level. |
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