THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law
No.: 78/2015/QH13
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Hanoi,
June 19th, 2015
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LAW
ON
MILITARY SERVICE
Pursuant to the Constitution of
Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on military service.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law provides for military
service; tasks and competence of agencies, organizations, and individuals and
regulations and policies on military service.
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This Law applies to agencies,
organizations, and individuals relating to military service.
Article 3.
Interpretation of terms
In this Law, these terms can be
construed as follows:
1. Call-up age means the age
at which the citizen shall perform the military service in the regular armed
forces or in the reserve forces of People's Army.
2. Military registration means
the formulation of dossiers on military service of citizen at the age subject
to military recruitment.
3. Enlistment means an
activity in which the citizens perform the service in the regular armed force
of People’s Army or the Coastguard for a certain duration.
4. Demobilization means an
activity in which the non-commissioned officers/enlisted soldiers stop their
service in People’s Army or the Coastguard.
5. Active duty non-commissioned
officers/enlisted soldiers means citizens who are serving in the regular
armed force of People’s Army or the Coastguard.
6. Reserve non-commissioned
officers/enlisted soldiers means citizens who have registered to serve in
reserve force of People’s Army.
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8. Evasion of military service
means the activity in which the citizens fail to comply with the order for
registration for military service; order for pre-enlistment check-up; the
call-up; the order for concentrated training, practicing or examination on
readiness for mobilization/fighting.
Article 4.
Military service
1. Military service is the glory of
citizen to serving in People’s Army. Military service is performed in the
regular armed forces or in reserve forces of People’s Army.
2. Citizens at the age for military
service, regardless of ethnics, sectors, faiths, religions, education levels,
occupations or residences, shall complete the military service according to the
regulations in this Law.
3. Any citizens who joins the
Coastguard forces or the People's public security force (hereinafter referred
to as "the police") is considered as active duty military.
4. Citizens shall be recognized
completing peacetime military service in the regular armed forces:
a) Core militiamen who have
completed militia service with at least 12 months served as a standing
militiaman;
b) Citizens who have completed
service in Police departments of communes for at least 36 months;
c) Officials and civil servants and
people having university degrees who have received training and granted rank of
reserve officer;
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dd) Citizens serving on fishery
inspection cutters for at least 24 months.
Article 5.
Responsibilities of agencies, organizations, individuals and families in
performance military service
All agencies, organizations,
individuals and families are responsible for educating, encouraging and
facilitating the citizens to perform military service.
Article 6.
Military service in regular armed forces
1. Any male citizen at the call-up
age shall perform the military service in regular armed force of People's Army.
2. Any female citizen at the age
for military service in peacetime may perform military service in regular armed
force if such citizen volunteers and on the demand of the armed force.
Article 7.
Military service in reserve force
1. Male citizens at the call-up age
shall perform the military service in reserve force in the following cases;
a) The male citizen older than the
call-up age has not performed military service in regular armed force;
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c) The male citizen has stopped the
service in the police.
2. Females citizen at the call-up
age that has profession skills conformable with the requirement of People’s
Army may serve military service in reserve force.
The Government shall specify the
profession mentioned in this Clause.
Article 8.
Positions and rank titles of non-commissioned officers and enlisted soldiers
1. Positions of non-commissioned
officers and enlisted soldiers
a) Deputy platoon leader and
similar positions;
b) Squad leader and similar
positions;
c) Deputy squad leader and similar
positions;
d) Enlisted members.
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a) Master Sergeant;
b) Sergeant;
c) Corporal;
d) Private first class;
dd) Private.
3. 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.
4. 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
this Article.
Article 9.
Rights and obligations of non-commissioned officers and enlisted soldiers
1. The State shall ensure the
preferential policies for non-commissioned officers and enlisted soldiers
according to the characteristics of People’s Army.
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a) Be strictly loyal to the
motherland, people, the Communist Party and the State of the Socialist Republic
of Vietnam;
b) 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;
c) 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;
d) Strictly comply with the lines
and policies of Communist Party, policies and laws of the State, regulations
and instructions of People’s Army;
dd) 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.
Article 10.
Prohibited acts
1. Evasion of military service.
2. Opposition, obstacle to the
performance of military service.
3. Deceitfulness in pre-enlistment
medical check-up.
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5. Use of non-commissioned officers
and/or enlisted soldiers against the law.
6. Offence to non-commissioned
officers and/or enlisted soldiers.
Chapter II
MILITARY REGISTRATION AND MANAGEMENT OF CITIZEN AT THE
AGE SUBJECT TO MILITARY RECRUITMENT
Article 11.
Principles of military registration and management of citizen at the age
subject to military recruitment
1. Conformable with the entities,
procedures and policies prescribed in the laws.
2. Constant, transparent and
convenient for citizens.
3. The management shall be close to
have exact information about quality, quantity and records of citizens subject
to military service.
4. Any modification in residence of
citizens subject to military service shall be registered and managed according
to the laws.
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1. Male citizens turn 17 years old
and above
2. Female citizens specified in
clause 2 Article 7 of this Law turn 18 years old and above.
Article 13.
Entities must not register for military service
1. Citizens in any of the following
cases must not register for military service:
a) 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;
b) Any citizen who is bearing
education at communes or is being at reform school, compulsory re-education
schools, compulsory detoxification centers;
c) Any citizen whose right to serve
in People’s armed forces is revoked.
2. When the duration of measures
specified in clause 1 of this Article expired, the citizen may register for
military service.
Article 14.
Entities eligible for exemption from military service
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Article 15.
Military service registration receiving agencies
1. Military Commands of communes
shall be responsible for the registration of residents in local area.
2. Military Commands of
agencies/organizations of shall be responsible for military service
registration of citizens working or studying in such agencies/organizations
then collect and report to Military Commands of districts in local areas. If an
establishment does not have Military Command, the heads or legal
representatives of such agencies/organizations shall direct the citizen to
register for military service in their local areas.
Article 16.
Initial registration for military service
1. In every January, Presidents of
People’s Committees of communes, heads or legal representatives of
agencies/organizations report to Military Commands of districts the List of
male citizens who turn 17 years old and male citizens subject to military
service that have not registered for military service.
2. In every April, Military
Commander of districts shall send the call-up papers to citizens specified in
clause 1 of this Article to perform initial registration for military service.
3. Citizens shall perform initial
registration for military service at military service registration receiving
agencies specified in Article 15 of this Law.
Article 17.
Supplemental registration for military service; military service registration
in case of change in residence or workplace/school; registration for
absenteeism from military service; registration for exemption from military
recruitment in wartime
1. Supplemental registration for
military service:
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2. Military service registration in
case of change in residence or workplace/school:
a) Any citizen having registered
for military service who has changes in place of residence, workplace or school
shall come to the agencies where he/she has registered for military service to
carry out the procedures for modification of military service registration;
within 10 working days from the day on which a citizen move to the new place of
residence/work/study, he/she shall make military service re-registration.
b) Any citizen having registered
for military service who is going to study at vocational education institutions
or higher education institutions of national education system shall come to the
agencies where he/she has registered for military service to carry out the
procedures for modification of military service registration; after the
studying period, such citizen shall carry out the procedures for military
service re-registration. Heads of educational institutions shall provide
citizens with conditions and guidelines for military service registration and
modification of military service registration.
3. Registration for absenteeism
from military service:
Any citizen having registered for
military service who leaves his/her residential place, workplace or schools for
03 months or more shall register for absenteeism from military service; if such
citizen returns his/her place of resident/work/study, he/she shall make
re-registration for military service within 10 working days.
4. Citizens eligible for exemption
from military recruitment in wartime shall make registration according to the
regulations of the Government.
Article 18.
Registration for military service in reserve force
1. Male citizens prescribed in
point a clause 1 Article 7 of this Law.
2. Female citizens prescribed in
clause 2 Article 7 of this Law.
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a) Demobilized non-commissioned
officers/soldiers;
b) Specialized soldiers, national
defense officials that stop to serve in People’s Army/Coastguard force;
c) Citizens having stopped the
service in the police.
Article 19.
Elimination from list of people registering for military service
1. Citizen shall be eliminated from
list of people registering for military service in the following cases:
a) Die;
b) Exceed the age for military
service in reserve force;
c) The cases specified in clause 1
Article 13 or 14 of this Law.
2. Within 10 days from the day on
which the confirmation of competent authorities is received, Military Command
of communes, establishments where the citizens specified in clause 1 of this
Article work or study at shall report to the Military Command for decision.
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1. The Government shall detail the
procedures for registration for military service.
2. The Minister of National Defense
shall direct and provide guidance for military service registration, issue the
system of registration form for military service, regime for reporting and
inspecting the registration for military service; carry out the management of
citizens subject to military service; establish and manage constantly the
database about military service.
3. People’s Committees at all
levels are responsible for directing the military service registration and
management of citizens subject to military service in local areas according to
the law provisions.
4. Military agencies of
districts/communes within their tasks and powers shall:
a) Organization the military
service registration and issue the certificates of military service
registration;
b) Preside over, cooperate with
relevant agencies in the management of citizens subject to military service.
5. Police departments of
districts/communes within their tasks and powers shall:
a) Promptly notify the Military
Commands of the same levels where the citizen subject to military service is
living
b) Notify the Military Commands of
same levels of the changes in permanent residence, absence, stating of citizens
subject to military service for management of military service registration;
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6. Relevant agencies and
organization shall cooperate with military agencies of same levels in the
implementation of regulations on registration for military service and
management of citizens subject to military service.
Chapter III
PERFORMANCE OF ACTIVE DUTY NON-COMMISSIONED
OFFICERS/ENLISTED SOLDIERS AND RESERVE NON-COMMISSIONED OFFICERS/ENLISTED
SOLDIERS
Section 1:
PERFORMANCE OF ACTIVE DUTY NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS
Article 21:
Duration of service in regular armed force of non-commissioned
officers/enlisted soldiers
1. Duration of service in regular
armed force in peacetime of non-commissioned officers/enlisted soldiers is 24
months.
2. The Minister of National Defense
may give decision on extension of duration of service in regular armed force of
non-commissioned officers/enlisted soldiers in the following cases (the
extension shall not exceed 6 months):
a) To ensure the readiness for
combat;
b) During the prevention and
fighting against natural disasters/epidemics and the rescue activities.
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Article 22:
Method for calculating duration of service in regular armed force of
non-commissioned officers/enlisted soldiers
1. 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.
2. The duration of desertion and
time of serving the temporary prison sentence shall not be included in duration
of service in regular armed force.
Article 23.
Performance of non-commissioned officers/enlisted soldiers with professional
knowledge
1. Non-commissioned
officers/enlisted soldiers with professional skill and knowledge who perform
military service shall be prioritized in assignment to positions appropriate
with the demand of the army according to the regulations issued by the Minister
of National Defense.
2. If a non-commissioned
officer/enlisted soldier who has completed military service in regular armed
force or is serving in reserve force and satisfies the requirements of the army
volunteers (and the army has demand), such officer/soldier shall be transferred
to serve as an army commissioned officer, a professional soldier or a defense
official according to the law provisions.
Section 2:
PERFORMANCE OF RESERVE NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS
Article 24.
Grade of reserve non-commissioned officers/enlisted soldiers
1. Non-commissioned officers and
enlisted soldiers are classified in to grade 1 reserve non-commissioned
officers/enlisted soldiers and grade 2 reserve non-commissioned
officers/enlisted soldiers.
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a) Non-commissioned
officers/enlisted soldiers who are demobilized after at least 6 months serving
in regular armed force;
b) Non-commissioned
officers/enlisted soldiers who are demobilized after participating in combat;
c) Male citizens having stopped the
service in the police after 20 months serving there;
d) Male citizens being professional
soldiers who have stopped serving in regular armed force;
dd) Female citizens being defense
officials who are transferred from resigned non-commissioned officers/enlisted
soldiers;
e) Core militiamen who have
completed militia service with at least 12 months served as a standing
militiaman or have finished the concentrated training in 3 months or more;
g) Citizens being grade 2 reserve
enlisted soldiers who have finished the concentrated training in 6 months or
more;
h) Citizens who have completed
service in Police departments of communes for at least 36 constant months.
3. Grade 2 reserve enlisted
soldiers:
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b) Defense officials other than
those specified in point dd clause 2 of this Article 2 who have resigned;
c) Male citizens having stopped the
service in the police after less than 12 months serving there;
d) Male citizens
older than the age subject to military recruitment who have not performed
military service in regular armed force and be conscripted into the police;
dd) Female citizens who have
registered for military service as prescribed in clause 2 Article 12 of this
Law.
Article 25.
Service age of reserve non-commissioned officers and enlisted soldiers
Service age of reserve
non-commissioned officers and enlisted soldiers:
1. Male citizens under 46 years
old;
2. Female citizens under 41 years
old.
Article 26.
Groups of service age of reserve non-commissioned officers and enlisted
soldiers
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1. Group A: Male citizens under 36
years old, female citizens under 31 years old;
2. Group B: Male citizens from 36
to under 46 years old, female citizens from 31 to under 41 years old.
Article
27.Training, practice, examination on the readiness for mobilization or
fighting of reserve non-commissioned officers/enlisted soldiers
1. Regarding grade 1 reserve
non-commissioned officers/enlisted soldiers:
a) Grade 1 reserve non-commissioned
officers/enlisted soldiers shall participate in training, practice and
examination on the readiness for mobilization/fighting in mobilized reserve
force for not more than 12 months;
b) Annually. the Prime Minister
shall decide the quantity of grade 1 non-commissioned officers/enlisted
soldiers subject to concentrated training/practice/examination on the readiness
for mobilization/fighting;
c) Pursuant to the decision of the
Prime Minister, the Minister of National Defense shall assign the tasks for the
army units; regulate the amount of training and its duration. During the
training, non-commissioned officers/enlisted soldiers may be gathered for
examination on the readiness for mobilization/fighting for not more than 07
days; if necessary, non-commissioned officers/enlisted soldiers shall received
extra training for not exceeding 02 months and within the duration specified in
point a clause 1 of this Article.
2. The training for grade 2 reserve
enlisted soldier shall conform to the regulations of the Government.
Article 28.
Medical examination for reserve non-commissioned officers/enlisted soldiers
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2. People’s Committees of districts
shall direct the Office of health to cooperate with relevant agencies in
organizing medical examination for reserve non-commissioned officers/enlisted
soldiers.
Article 29.
Removal from the reserve force
Any reserve non-commissioned
officers/enlisted soldiers older than the age subject to reserve service or has
health conditions unconformable to serve in reserve force shall be removed from
the force according to the Military Commander of districts.
Chapter IV
ENLISTMENT AND DEMOBILIZATION IN PEACETIME
Section 1:
CONSCRIPTION
Article 30.
Age subject to conscription
Citizens turning to 18 years old
shall be conscripted into the army. Age subject to conscription is from 18 to
under 26 years old. A citizen who enters university or college and postpones
the conscription shall be subject to conscription until he/she turns to 28
years old.
Article 31.
Requirements for conscription into the army and the police
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a) Have conformable profile;
b) Strictly comply with the lines
and policies of Communist Party, policies and laws of the State;
c) Have full health for service on
active duty according to the regulations;
d) Have appropriate education level.
2. Requirements for being
conscripted into the police are specified in Article 7 of the Law on the
People's Public Security Forces.
Article 32.
Recognition of active duty enlisted soldiers
Any citizen turning to 17 years old
and wishing to permanently serve in People’s Army who satisfies the
requirements prescribed in the laws and is studying in a military academy shall
be recognized active duty enlisted soldiers.
Article 33.
Time of conscription into the police
Annually, citizens shall be
conscripted and requested to perform military service in People’s Army or
People’s Police in February or March; in case of necessity for defense
purposes, the conscription shall be carried out the second time. Regarding
areas with disaster or dangerous epidemic, time for conscription and service in
People’s Army or People’s Police shall be adjusted.
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1. 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 this Law.
2. 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.
3. Presidents of the People’s
Committees of provinces shall give decision on assignment of enlisted soldiers
to districts.
4. 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.
5. 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.
6. 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.
Article 35.
Responsibilities of agencies, organizations, and individuals in the selection
and order for conscription and service in People’s Army or People’s Police
1. 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.
2. 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.
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4. 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.
5. 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.
Article 36.
Military Service Board
1.
People’s Committees at all levels shall establish a Military Service Board to
assist the People’s Committee at the same level to implement the law provisions
on military service.
2. A Military Service Board shall
include:
a) Regarding Military Service
Boards of provinces/districts:
The President of Military Service
Board shall be President of the People’s Committee of province/district;
The Standing Vice President of
Military Service Board shall be the Commander of military agencies of
provinces/districts;
The Vice President of Military
Service Board shall be Director of Police Department of province/Head of Police
department of district;
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b) Regarding Military Service
Boards of communes:
The President of Military Service
Board shall be President of the People’s Committee of commune;
The Standing Vice President of
Military Service Board shall be the Military Commander of commune;
The Vice President of the Military
Service Board shall be Head of Police department of commune;
Members of the Military Service
Board shall be heads of Committee of Vietnamese Fatherland Front, Vietnamese
Confederation of Labor, Communist Youth Union of Ho Chi Minh City, Vietnam
Women's Union, Vietnam Farmer’s Union, Vietnam War Veteran Union, Healthcare
organizations; justice – civil status officials, financial – accounting
officials and others as prescribed by the President of People’s Committee.
3. The Military Service Board shall
be operated on the principle of collectives; take responsibilities to People’s
Committee of the same level for the performance of military service in local
area; any Resolution of the Board shall be approved by more than a half of its
members to come into effect.
Article 37.
Responsibilities of Military Service Board of provinces
1. Assist People's Committees of
provinces to monitor and expedite relevant organizations/agencies to organize
the registration for military service and management of citizens subject to
military service; prepare the military service in regulatory armed force,
formulate plans on selection and order for conscription and service in People’s
Army or People’s Police; provide training for reserve non-commissioned
officers/enlisted soldiers and comply with the policies for non-commissioned
officers/enlisted soldiers; steer and provide guidance for the operation of
Military Service Boards of districts.
2. Assist Presidents of the
People’s Committees of provinces to consider and decide the complaints and
denunciations from citizens in the implementation of the law provisions on
military service.
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1. Assist People’s Committees of
districts to carry out the selection of citizens for enlistment and performance
of service in People’s Army or People’s Police; steer People’s Committees of
communes to organize the implementation of law provisions on military service
and direct the operation of Military Service Boards of communes.
2. Report to People’s Committees of
districts the decision on list of citizens who are conscripted or eligible for
postponement or exemption of conscription.
3. Assist People’s Committees of
districts to organize the transfer of the citizens who are conscripted into the
People’s Army or the People's Police; organize the accepting of demobilized
non-commissioned officers/enlisted soldiers.
4. Assist People’s Committees of
districts to supervise and direct relevant agencies/organizations in the
implementation of policies for the rear and manage the citizens subject to
military service in local areas.
5. Assist Presidents of the
People’s Committees of districts to consider and decide the complaints and
denunciations in the implementation of the law provisions on military service.
Article 39.
Responsibilities of Military Service Board of communes:
1. Assist People’s Committees of
communes to propagate and disseminate the law provisions on military service;
organize the military service registration and pre-enlistment medical check-up.
2. Report to People’s Committees of
communes and Military Service Boards of districts the list of citizens who are
conscripted or eligible for postponement or exemption of conscription.
3. Facilitate the compliance with
the order for enlistment and performance of service in People’s Army or
People’s Police; order for concentrated training, practice, order for
examination on the readiness for mobilization/fighting.
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5. Assist Presidents of the
People’s Committees of communes to consider and decide the complaints and denunciations
in the implementation of the law provisions on military service.
Article 40.
Pre-enlistment medical check-up for conscripted citizens
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
Section 2:
POSTPONEMENT AND EXEMPTION FROM CONSCRIPTION
Article 41.
Postponement and exemption from conscription
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a) Any citizen whose health is
unsatisfactory for active duty military service according to the conclusion of
pre-enlistment check-up board;
b) Any citizen being the sole
earner who directly takes care of his/her relative who lost working capacity or
under working age; any citizen being the sole earner in a family suffering
serious damage to humans and properties due to dangerous accidents, disasters,
epidemics certified by People’s Committees of communes;
c) Any citizen who is a child of
sick soldiers, people infected with dioxin and suffering labor capacity
reduction from 61% to 80%;
d) Any citizen whose full
brother/sister is a non-commissioned officer/active duty enlisted soldier or a
non-commissioned officer/enlisted soldier performing service in the police;
dd) Any citizen who is subject to
emigration or evacuation in 03 first years to extremely disadvantaged communes
according to the socio-economic development project of the State that is
decided by People’s Committees of provinces or higher levels;
e) Any citizen who is official or
youth volunteer assigned to extremely disadvantage socio-economic area
according to the law provisions;
g) Any citizen who is studying at
compulsory education institutions or receiving training of university level at
higher education institutions or training of college level at vocational
education institutions for a training course of a level.
2. These following citizens shall
have conscription exempted:
a) Any citizen who is a child of
revolutionary martyrs or grade 1 wounded soldiers;
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c) Any citizen who is a child of
grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity
reduction of 81% or above; a child of people infected with dioxin and suffering
labor capacity reduction of 81% or above;
d) Any citizen carrying out
essential tasks who is not a soldier or a police officer;
dd) Any citizen who is official or
youth volunteer assigned to extremely disadvantaged socio-economic area
according to the law provisions for 24 months or more;
3. Citizens eligible for
postponement of conscription prescribed in clause 1 of this Article shall be
called up for military service if the reason for postponement is no longer
available.
Citizens eligible for postponement
or exemption from conscription prescribed in clauses 1 and 2 of this Article
who volunteer to join the army shall be consider selecting and calling up.
4. Lists of citizens eligible for
postponement or exemption from conscription shall be posted publicly at head
offices of People’s Committees of communes and/or relevant
organizations/agencies for 20 days.
Article 42.
Competence in giving decisions on postponement and exemption from conscription
and recognition for completion of active duty military service
1. Presidents of People’s
Committees of districts are in charge of giving decision on
postponement/exemption from conscription for citizens specified in Article 41
of this Law.
2. The Military Commanders of
districts are in charge of giving decision on postponement/exemption from
conscription for citizens specified in clause 4 Article 4 of this Law.
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Article 43.
Conditions for demobilization
1. Any non-commissioned
officers/enlisted soldiers who has performed the active duty military for the
period of time specified in clauses 1 and 2 Article 21 of this Law shall be
demobilized.
2. A non-commissioned
officer/enlisted soldier may be demobilized before the regular date of
demobilization in case the Medical Examination Council concludes that he/she
does not have satisfactory health for continuing the active duty service or the
cases specified in points b and c clause 1; points a, b and c clause 2 Article
41 of this Law.
Article 44.
Competence and responsibilities for giving decision on demobilization
1. The Minister of National Defense
is in charge of issuing annual decisions on demobilization for active duty
non-commissioned officers/enlisted soldiers.
2. Commanders of regiment levels
and higher are responsible for giving decision on demobilization for inferior
non-commissioned officers/enlisted soldiers; organizing demobilization
ceremonies for non-commissioned officers/enlisted soldiers who have finished
military service in regular armed force and return them to People’s Committees
of districts.
3. Time of demobilization shall be
notified to non-commissioned officers/enlisted soldiers and the People’s
Committees of districts assigning the soldiers or the offices/schools where
such non-commissioned officers/enlisted soldiers have worked/studied before
enlisting into the armed forces at least 30 days before the time of
demobilization.
4.
People’s Committees of districts/communes and relevant organizations shall
organize the receipt of demobilized non-commissioned officers/enlisted
soldiers.
Article 45:
Responsibilities of non-commissioned officers/enlisted soldiers
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Chapter V
ENLISTMENT ACCORDING TO THE MOBILIZATION,
DEMOBILIZATION AT THE CANCELATION OF WAR CONDITIONS OR EMERGENCY CONDITIONS OF
NATIONAL DEFENSE
Article 46.
Call-up according to order for mobilization
When the order for general
mobilization/local mobilization is issued, the call-up shall be performed
according to the decision of the Prime Minister and the order of the Minister
of National Defense.
Article 47.
Responsibilities of agencies, organizations and individuals in the fulfillment
of mobilization order
1. When the order for general
mobilization/local mobilization is issued, the Minister of National Defense
shall issue an order for suspension of demobilization/leave applicable
non-commissioned officers/enlisted soldiers; any non-commissioned
officers/enlisted soldiers who are on leave shall come back to his/her military
unit.
2. The Military Commander of
districts shall issue order for calling up the citizens according to the
decision of the President of the People’s Committee at the same level.
3. Citizens receiving the call-up
shall attend at the time and place written in the order.
4.
People’s Committees of communes and relevant organizations shall facilitate the
strict compliance with the call-up.
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1. When the cancelation of orders
for general mobilization/local mobilization is issued, the Prime Minister shall
give decision on the demobilization of non-commissioned officers/enlisted
soldiers.
2. Competence and responsibilities
for the demobilization of non-commissioned officers/enlisted soldiers shall
conform to the regulations in Article 44 of this Law.
Chapter VI
POLICIES AND FUNDING FOR PERFORMANCE OF MILITARY
SERVICE
Article 49.
Policies for citizens during the time of registration for military service,
medical examination
1. Any citizen who is working at an
office/organization shall have salary and allowances unchanged during the
registration for military service or pre-enlistment medical check-up.
2. Any citizen who register for
military service or undergo pre-enlistment medical check-up shall be ensured
food and accommodation during the registration/check-up and the travel
expenses.
3. The Government shall provide
details and guidance on this Article.
Article 50.
Policies for active duty non-commissioned officers/enlisted soldiers,
demobilized non-commissioned officers/enlisted soldiers and their family
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a) 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;
b) 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;
c) From the 25th month,
active duty non-commissioned officers/enlisted soldiers may receive 250% of
current monthly rank allowances;
d) Counted as a member of family
when his/her family is allocated or adjusted an area of housing, residential
land and/or farmland;
dd) Having the time duration on
active duty included in working period of time;
e) Provided with preferential
postage;
g) Provided with awards for good
performance in combat, service or practice according to the law provisions;
h) 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;
i) Covered by social insurance and
medical insurance according to the Law on social insurance and the Law on
medical insurance;
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l) Provided with incentives in
military enrollment.
2. Regarding relatives of active
duty non-commissioned officers/enlisted soldiers:
a) 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;
b) 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;
c) 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:
a) Provided with fares and
allowances for travel, demobilization allowance;
b) 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;
c) Having preference when finding
jobs;
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dd) 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;
e) Having benefits from social
insurance according to the provisions of Law on social insurance;
g) Non-commissioned
officers/enlisted soldiers that are demobilized according to the regulations in
clause 1 Article 43 and clause 1 Article 48 of this Law 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.
4. The Government shall provide
details and guidance for this Article.
Article 51.
Policies for reserve non-commissioned officers/enlisted soldiers
If a reserve non-commissioned
officer/enlisted soldier is ready for mobilization/fighting during the
concentrated training/practicing, himself/herself and his/her family shall get
incentives according to the regulations of the Government.
Regarding active duty
non-commissioned officers/enlisted soldiers who are injured, ill or die when
carrying out their duty, they themselves and their family may be provided with
incentives according to the law provisions.
Article 52.
Responsibilities of relevant agencies/organizations in the implementation of
policies for families of non-commissioned officers/enlisted soldiers
People’s
Committees at all levels and relevant agencies/organizations within their
functions and power shall implement the policies applicable to families active
duty non-commissioned officers/enlisted soldiers and reserve non-commissioned
officers/enlisted soldiers/
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1. The state budget shall cover the
expenditure of performance of military service of Ministries and central
agencies.
2. The local budget shall cover the
expenditure of performance of military service of local agencies, organizations
and units.
3. Expenditure of performance of
military service of other enterprises/organizations shall be paid by such
enterprises/organizations themselves.
4. The Government shall provide
details and guidance for this Article.
Chapter VII
RESPONSIBILITIES AND POWER OF RELEVANT
AGENCIES/ORGANIZATIONS
Article 54.
State management agencies in charge of military service
1. The Government shall be
responsible for the constancy in management of military service nationwide.
2. The Ministry of National Defense
shall assist the Government to carry out the management of military service.
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Article 55.
Responsibilities of the Ministry of National Defense
1. Promulgate or request a competent
authority to promulgate the legislative documents on military service.
2. Comply with the legislative
documents on military service.
3. Carry out propagation,
dissemination and conduct training in regulations on military service.
4. Conduct inspections, provide
award, handle commit violations; handle complaints and denunciation in terms of
military service according to the law provisions.
5. Reckon up the implementation of
laws on military service.
Article 56.
Responsibilities and power of Ministries, ministerial-level agencies
1. The Ministry of Public Security
shall direct local Police departments to cooperate with the army agencies at
the same levels in the implementation of the law provisions on military
service.
2. The Ministry of Health shall
direct local medical agencies to cooperate with the army agencies at the same
levels in providing pre-enlistment check-up, preside over and cooperate with
the Ministry of National Defense to provide standards of health eligible for
performing military service.
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4. The Ministry of Labor, War
Invalids and Social Affairs shall be responsible for implementing the policies
on the rear for families of non-commissioned officers/enlisted soldiers;
policies on vocational training, careers for non-demobilized commissioned
officers/enlisted soldiers; direct and guide the affiliated vocational
education institutions to provide the training for officials and technical
specialized staff of the army force according to the decision of the Prime
Minister.
5. the Ministry of Information and
Communications shall direct the public information agencies to propagate and
disseminate the regulations on military service according to the law
provisions.
6. Ministries, ministerial-level
agencies and relevant agencies/organizations within their tasks and power shall
cooperate with the Ministry of National Defense in implementing the law
provisions on military service.
Article 57. Responsibilities
of Vietnamese Fatherland Front and the member organizations
Vietnamese Fatherland Front and its
member organizations within their tasks and power shall supervise the
implementation of the law provisions on military service of agencies, organizations,
and individuals.
Article 58.
Responsibilities and power of People’s Committees at all levels
1. Direct the implementation of law
provisions on military service in local areas.
2. Organize the registration and
management of citizen at the age subject to military recruitment.
3. Take responsibilities for the
quantity and quality of citizens who are enlisted, citizens performing the
military service in People's Police and citizens serving in reserve force of
People’s Army.
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Chapter VIII
HANDLING OF VIOLATIONS
Article 59.
Handling of violations
1. Any organizations/individuals
that evades, opposes or obstructs the performance of military service shall be
disciplined, incur administrative penalties or shall face criminal prosecution
according to nature and severity of the violations.
2. If an active duty
non-commissioned officer/enlisted soldier commits violations against the
discipline or law provisions during the training/practice/examination on the
readiness for mobilization/fighting, then he/she shall incur disciplinary
measures, administrative penalties or criminal prosecution according to nature
and severity of the violations; any damage shall be compensated according to
the law provisions.
Article 60.
Disciplinary measures applicable to non-commissioned officers/enlisted soldiers
1. Disciplinary measures applicable
to non-commissioned officers/enlisted soldiers:
a) Reprimand;
b) Warning;
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d) Dismissal;
dd) Military rank demotion;
e) Revocation of military honor.
2. the Minister of National Defense
is responsible for regulating the application of disciplinary measures, time
limit, procedures and competence in disciplinary penalties applicable to
non-commissioned officers/enlisted soldiers.
Chapter IX
IMPLEMENTARY CLAUSE
Article 61.
Effect
1. This Law comes into effect from
January 01st, 2016.
2. Law on military service dated
December 30th, 1981; Law on amendments to a number of articles of
the Law on military service dated December 21st, 2990; Law on
amendments to a number of articles of Law on military service dated June 22nd,
1994 and Law on amendments to a number of articles of Law on military service
No. 43/2005/QH11 dated June 14th, 2005 shall be annulled by the
effect of this Law.
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The Government and the Ministries
shall detail and guide the implementation of this Law.
This Law was ratified on June 19th,
2015, by the XIIIth National Assembly at its 9th session.
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Sinh Hung