10 new significant contents of the 2015 Law on Military Service

1. 06 prohibited acts

- Evade responsibility for the military service.

- React against and hinder rendering of the military service.

- Falsify health examination records for the military service.

- Abuse delegated powers and authority to contravene military service regulations 

- Illegally use services provided by enlisted personnel.

- Physically abuse and deteriorate health, and offend against honor and dignity of enlisted personnel.

2. Persons who are not eligible to register for military service

Citizens who fall into one of the following circumstances where they are not allowed to register for military service include:

- Those who are facing a criminal prosecution; those who are serving a prison sentence, are currently subject to non-detention rehabilitation, restricted movement, or those who have completed their prison sentence but have yet to get their criminal records expunged.

- Those on whom an educational measure that takes place at a communal level is imposed or who are sent in correctional institutions, compulsory education facilities and drug rehabilitation centers. 

- Those who are deprived from the right to serve in the people’s armed force

3. Persons who are exempted from registering for military service

Disabled people, people suffering from fatal, psychiatric or chronic illnesses as defined in laws and regulations.

4. Term of military service for enlisted personnel

Term of military service for enlisted personnel during the peace time is 24 months.

5. Calculation of term of military service for enlisted personnel

- Term of military service for enlisted personnel begins on the date of transfer and receipt of enlisted personnel; unless such transfer and receipt take place in a concentration manner, this term starts from the date on which the people’s army receives enlisted personnel to the date on which a competent authority makes a decision on demobilization.

- Length of desertion time or jail term is not calculated into the term of military service. 

6. Extension of the maximum required age of students to the end of 27 years of age for the military service

Citizens who have applied for a postponement of military service due to completion of an undergraduate program in colleges or universities is still eligible for conscription till the end of 27 years of age.   

7. Regulations on the frequency and date of conscription or recruitment for fulfillment of citizen obligations to the People’s Public Security

Conscription and recruitment for fulfillment of citizen obligations to the People’s Public Security will be held once a year in February or March.

For certain national defence and security reasons, conscription and recruitment for fulfillment of citizen obligations to the People’s Public Security for the second time will be held when necessary.

8. Postponement of military service

The following citizens shall qualify for postponement of military service:

- A person who is not healthy enough to perform his/her military duty in accordance with conclusions drawn by the Health Examination Council.

- A person who is the only breadwinner directly taking care of his/her dependent relatives whose capacity to work has been lost or who are not within the working age; a person who is living in a family suffering from serious property or human damage or loss inflicted by accidents, natural disasters and dangerous diseases, accredited by the communal People's Committee. 

- A person who is a son or daughter of a sick soldier, a victim of Agent Orange whose capacity to work has been decreased from 61% to 80%.

- A person who has his/her older brother, sister or younger brother or sister being a non-commissioned officers or serviceman serving in the military, or a non-commissioned officer or soldier who is fulfilling his/her obligation to the People’s Public Security.

- A person who complies with residential relocation and expansion policies to settle in extremely underprivileged communes for 3 first years of the Government’s socio-economic development projects decided by the People’s Committee at a provincial or higher level. 

- A person who is an official, public servant or employee or youth volunteer assigned to work in regions faced with extremely difficult socio-economic conditions in accordance with laws and regulations.

- A person who is studying at a basic education institution, participating in a full-time undergraduate degree program or a full-time associate degree program offered by a vocational education establishment within a period of a training course for a training level.

9. Exemption from conscription for the military service
   
The following citizens shall qualify for exemption from the military service:

- A person who is a son or daughter of a martyr or of a first-ranked wounded war veteran.

- A person who is an older or younger brother of a martyr.

- A person who is a son or daughter of a second-ranked wounded war veteran, of a sick soldier whose capacity to work has decreased by 81% or more, or of a victim of an agent orange whose capacity to work has decreased by 81% or more.

- A person who is performing a ciphering duty but is not a serviceman of the military or the People’s Public Security.

- A person who is an official, public servant or employee or youth volunteer assigned to work in regions faced with extremely difficult socio-economic conditions in accordance with laws and regulations for a period of more than 24 months.

10. Paid leaves for health examination for the military service

Regulatory benefits and policies applied to citizens during the period of registration, health examination or check-up for the military service include:

- With respect to a citizen who is working for an agency or organization during the period of registration, health examination or check-up for the military service, that citizen will be entitled to receive a full amount of salary, or sums paid to pay his/her travel costs and existing allowances.

- With respect to a citizen who has to travel to register for the military service, or health examination or check-up, that citizen will be paid for his/her meal and accommodation costs and two-way fares.