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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
43/2005/QH11
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Hanoi,
June 14, 2005
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LAW
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON MILITARY SERVICE
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth
National Assembly, the 10th session,
This Law amends and supplements a number of articles of the Law on Military
Service, which was passed on December 30, 1981, by the National Assembly of the
Socialist Republic of Vietnam, and amended and supplemented first on December
21, 1990, and then on June 22, 1994.
Article
1.- To amend and supplement a number of articles of the Law on Military Service
as follows:
1. Article 12 is amended and supplemented
as follows:
"Article
12.- Male citizens aged full eighteen years may be called up; in the peacetime,
those in the age group of between full eighteen years and full twenty-five
years may be called up."
2. Article 14 is amended and supplemented
as follows:
"Article
14.-
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In the
peacetime, the active-service duration for commanding non-commissioned
officers, non-commissioned officers, professional and technical men trained by
military establishments, non-commissioned officers and men on naval ships shall
be twenty-four months."
3. Article 16 is amended and supplemented
as follows:
"Article
16.-
The
determination of the beginning time and ending time of the active-service
duration for non-commissioned officers and men shall be stipulated by the
Minister of Defense.
The desertion
duration shall not be counted into the active-service duration."
4. Article 22 is amended and supplemented
as follows:
"Article
22.- Citizens who are called up must be present at the time and locations
stated in the calls-up; if having plausible reasons for failing to do so, they
must obtain written certifications of People's Committees of communes, wards or
townships (hereinafter referred to as commune-level People's Committees) where
they reside."
5. Article 24 is amended and supplemented
as follows:
"Article
24.-
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2. The
composition of the Military Service Councils of all levels shall be stipulated
as follows:
a/ The
Military Service Council of a province, centrally-run city, rural/urban
district or provincial town or city shall be composed of the People's Committee
president as its chairman, the chief commander of the local military agency as
its vice chairman, and members beings persons in charge of public security,
justice, planning, labor-war invalids-social affairs, health, education,
culture-information, and finance, and representatives of the Fatherland Front
committee, Labor Confederation, Youth Union, Women's Union, Peasants'
Association, and War Veterans' Association;
b/ The
commune/ward/township Military Service Council shall be composed of the
People's Committee president as its chairman, the communal detachment head as
its vice chairman, and members being persons in charge of public security,
justice, health, and finance, and representatives of the Fatherland Front
committee, Youth Union, Women's Union, and War Veterans' Association, and some
other members who shall be decided by the president of the People's Committee
of the same level.
3. Military
Service Councils shall work on the principle of collectivity; a Council's
resolution must be voted and approved by more than half of the total number of
its members."
6. Article 29 is amended and supplemented
as follows:
"Article
29.-
The following
citizens shall be temporarily exempt from military call-up in the peacetime:
a/ Persons
who are not physically fit to serve in the army according to the conclusions of
health-check councils;
b/ Persons
who are the sole laborers in their families who must directly nurture other
family members who have lost their working capacity or not reached the working
age;
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d/ Teachers,
health workers or youth volunteers working in deep-lying, remote, border,
island or exceptional difficulty-hit areas; officials or public employees
mobilized to work in these areas;
e/ Persons
who are conducting State-level scientific research works, with the
certification of ministers, heads of ministerial-level agencies or persons
holding equivalent positions;
f/ Persons
who are studying in general education schools, job-training schools,
intermediate vocational schools, colleges, or universities under the
Government's regulations;
g/ Persons
who have gone to build new economic zones during the first three years.
Citizens who
are temporarily exempt from military call-up as defined in this Clause shall be
annually screened and they may be called up if the reason for temporary
exemption no longer exists.
2. The
following citizens shall be exempt from military call-up in the peacetime:
a/ Children
of martyrs, children of category-one war invalids, and children of category-one
diseased soldiers;
b/ One elder
or younger brother of a martyr;
c/ One son of
a category-two war invalid;
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3. For
citizens who are temporarily exempt or exempt from military call-up as defined
in Clauses 1 and 2 of this Article, if they volunteer to join the army, they
may be selected and called up.
4. The
Government shall specify deep-lying, remote, border, island and exceptional
difficulty-hit areas."
7. Article 37 is amended and supplemented
as follows:
"Article
37.-
Reserve
non-commissioned officers and men are divided into class-one reserve armymen
and class-two reserve armymen.
Class-one
reserve armymen include non-commissioned officers and men who have been in
active service for a prescribed duration or longer; non-commissioned officers
and men who have been demobilized ahead of schedule after serving the army for
more than six months; non-commissioned officers and men who have been engaged
in battle; class-two reserve armymen who have undergone a concentrated training
for full six months.
Class-two
reserve armymen include non-commissioned officers and men who have been
demobilized ahead of schedule after serving the army for less than six months;
male citizens aged twenty-six years or older who have not served the army and
are transferred to the reserve status; female citizens having registered
military service under the provisions of Article 4 of this Law."
8. Article 39 is amended and supplemented
as follows:
"Article
39.-
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Group A:
Males aged up to full thirty-five years; females aged up to full thirty years;
Group B:
Males aged between thirty-six years and full forty-five years; females aged
between thirty-one years and full forty years."
9. Article 52 is amended and supplemented
as follows:
"Article
52.- During the period of concentrated drills, military exercise and
combat-readiness inspection, reserve professional armymen, reserve
non-commissioned officers and men, and their families shall enjoy entitlements
and policies stipulated by the Government."
10. Clause 3
of Article 53 is amended and supplemented as follows:
"3. From
the nineteenth month on, they shall enjoy an additional 200% of their current
monthly military-rank allowance, and from the twenty-fifth month on, an
additional 250% of their current monthly military-rank allowance;"
Article
2.- To amend and supplement phrases in a number of articles of the Law on
Military Service as follows:
1. The word
"gioi" in the phrase "nam gioi" in Articles 3, 13, 17, 19,
20 and 38 is deleted; and the word "gioi" in the phrase "nu
gioi" in Article 38 is deleted1;
2. The word
"women" in Article 4 is replaced with the phrase "female
citizens"; the word "persons" in Articles 20, 26, 28, 31, 58,
59, 60 and 62 is replaced with the word "citizens"; the word
"persons" in the phrase "persons who are ready to join the
army" in Article 61 is replaced with the word "citizens";
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4. The phrase
"(hereinafter referred to as presidents of commune-level People's
Committees)" is added after the phrase "presidents of People's
Committees of communes, wards or townships" in Article 17; the phrase
"presidents of People's Committees of communes, wards or townships"
in Article 19 and Article 61 is replaced with the phrase "presidents of
commune-level People's Committees";
5. The phrase
"People's Committees of communes, wards or townships" in Articles 23,
36, 54 and 64 is replaced with the phrase "commune-level People's
Committees";
6. The phrase
"(hereinafter referred to as district-level People's Committees)" is
added after the phrase "People's Committees of rural/urban districts or
provincial towns and cities" in Article 19; the phrase "People's
Committees of rural/urban districts or provincial towns and cities" in
Articles 27, 31 and 32 is replaced with the phrase "district-level
People's Committees";
7. The phrase
"at Points 2 and 3, Article 29 of this Law" in Article 33 is replaced
with the phrase "at Point b, Clause 1, and Points a, b and c, Clause 2,
Article 29, of this Law."
Article
3.- The Government shall detail the implementation of this Law.
This Law was passed on June
14, 2005, by the XIth National Assembly of the Socialist Republic of
Vietnam, at its 7th session.
Notes:
1 The phrase
"nam gioi" and the word "nam" (without "gioi")
can be both translated into English as "male";
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2 This
deletion does not effect the English translation of the phrase "Law on
Officers of the Vietnam People's Army".-
THE
NATIONAL ASSEMBLY
PRESIDENT
Nguyen Van An