Who is eligible for exemption from military service in Vietnam?

Who is eligible for exemption from military service in Vietnam? (Internet image)

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

1. Who is eligible for exemption from military service in Vietnam?

According to Article 14 of the Law on Military Service 2015,the disabled, people with fatal diseases, mental illness or chronic diseases according to the law provisions may enjoy exemption from military service.

2. Entities must not register for military service in Vietnam

Entities must not register for military service according to Article 13 of the Law on Military Service 2015 are as follows:

- Citizens in any of the following cases must not register for military service:

+ Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;

+ Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;

+ Any citizen whose right to serve in People’s armed forces is revoked.

- When the duration of measures specified in clause 1 of Article 13 of the Law on Military Service 2015 expired, the citizen may register for military service.

3. Rights and obligations of non-commissioned officers and enlisted soldiers in Vietnam

Rights and obligations of non-commissioned officers and enlisted soldiers according to Article 9 of the Law on Military Service 2015 are as follows:

- The State shall ensure the preferential policies for non-commissioned officers and enlisted soldiers according to the characteristics of People’s Army.

- Obligations of non-commissioned officers and enlisted members:

+ Be strictly loyal to the motherland, people, the Communist Party and the State of the Socialist Republic of Vietnam;

+ Always ready to fight and sacrifice their lives for the independence, sovereignty, unity and territorial integrity of Vietnam; protect People, Communist Party, the State and socialist regime; complete all assigned tasks and perform international duties;

+ Protect properties and benefits of the State, agencies, organizations; protect lives, properties and lawful rights and interests of People; participate in protection of national security and social order and safety according to the provisions of laws;

+ Strictly comply with the lines and policies of Communist Party, policies and laws of the State, regulations and instructions of People’s Army;

+ Participate in training in politics, military, culture, science, technique, specialist skills; improve the organization, discipline and physical fitness; increase political stuff, fighting skill and spirit.

4. Positions and rank titles of non-commissioned officers and enlisted soldiers in Vietnam

Positions and rank titles of non-commissioned officers and enlisted soldiers according to Article 8 of the Law on Military Service 2015 are as follows:

- Positions of non-commissioned officers and enlisted soldiers

+ Deputy platoon leader and similar positions;

+ Squad leader and similar positions;

+ Deputy squad leader and similar positions;

+ Enlisted members.

- Military ranks of non-commissioned officers and enlisted soldiers:

+ Master Sergeant;

+ Sergeant;

+ Corporal;

+ Private first class;

+ Private.

- Non-commissioned officers, enlisted soldiers in regular armed force and non-commissioned officers, enlisted soldiers in reserve force shall be granted or promoted brevets in proportion to positions; officers performing high-profile duties shall be granted brevet promotions before the regular date of promotion; officers performing extremely high-profile duties shall be granted brevets of a higher rank.

- The Minister of National Defense is in charge of giving decisions on granting, promotion, demotion, revocation of rank titles; giving decision on accreditation, demotion, dismissal of duties; providing regulations on similar rank titles for positions of non-commissioned officers and enlisted soldiers specified in clauses 1 and 2 of Law on Military Service 2015.

5. Prohibited acts in military service

Prohibited acts in military service according to Article 10 of the Law on Military Service 2015 are as follows:

- Evasion of military service.

- Opposition, obstacle to the performance of military service.

- Deceitfulness in pre-enlistment medical check-up.

- Misuse of power to commit violation against the regulations on military service.

- Use of non-commissioned officers and/or enlisted soldiers unconformably to the provisions of laws.

- Offence to non-commissioned officers and/or enlisted soldiers.

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