Who has the competence in decision on request for conscription and service in People’s Army force in Vietnam?

Who has the competence in decision on request for conscription and service in People’s Army force in Vietnam? (Internet image)

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

1. Who has the competence in decision on request for conscription and service in People’s Army force in Vietnam?

Specifically, Article 34 of the Law on military service 2015 stipulates the competence in decision on request for conscription and service in People’s Army force

- 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.

2. Responsibilities of agencies, organizations, and individuals in the selection and order for conscription in Vietnam

Pursuant to Article 35 of the Law on military service 2015, the responsibilities of agencies, organizations, and individuals in the selection and order for conscription and service in People’s Army or People’s Police are as follows:

- People’s Committees at all levels, regulatory agencies shall be responsible for the selection and request for conscription and performance of service in People’s Army or People’s Police, ensuring the democracy, justice, transparency and the conformity of quantity, objects, conditions and time with the law provisions; ensuring that citizens called up for military service and service in People’s Army/People’s Police attend at right time and right place.

- People’s Committees of districts shall transferred the citizens subject to conscription and service in People’s Army or People’s Police to the agencies in charge of accepting enlisted people and direct the organization of soldier accepting ceremony according to the regulations.

- People’s Committees of communes and relevant agencies/organizations shall publish at their head offices the quantity, entities and conditions for conscription; list of citizens liable for call-up and service in People’s Army; list of citizens receiving orders for enlistment for service in People’s Army or People’s Police; list of citizens getting their military service postponed or exempted.

- Agencies in charge of accepting enlisted people shall cooperate with People’s Committees at all levels in carrying out the selection and call-up and performance of service in People’s Army or People’s Police.

- Any citizen who has received order for conscription and performance of service in People’s Army or People’s Police shall attend at the time and place written in the order; any absence shall has good and sufficient reason and shall be approved by People’s Committee of commune where he/she lives or by the offices or institutions where he/she is working/studying and shall be reported to the Military Commander of districts/ Head of Police department of the district.

Ho Quoc Tuan

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