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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
No number
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Hanoi,
June 22, 1994
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LAW
ON
AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE LAW ON MILITARY
SERVICE DUTY
Pursuant to Articles
44,46,48,77 and 84 of the 1992 Constitution of the Socialist Republic of
Vietnam;
This Law amends and supplements a number of articles of the Law on Military
Service Duty passed by the National Assembly of the Socialist Republic of
Vietnam on the 30th of December 1981, and amended and supplemented on the 21st
of December 1990.
Article 1.-
The following amendments and supplements are made to the Law on Military
Service Duty:
1. Article 10 is amended and
supplemented as follows:
"Article 10.-
The State agencies, the Vietnam
Fatherland Front and its member organizations, economic organizations, social
organizations, schools and families shall, within the scope of their functions,
have the responsibility to motivate, educate and create conditions for citizens
to fulfill their military service duty."
2. Article 11 is amended and
supplemented as follows:
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The localities, agencies, units,
economic organizations, social organizations, schools, families and individuals
with good records in the implementation of the military service regime shall be
commended according to prescriptions of the State".
3. Article 17 is amended and
supplemented as follows:
"Article 17.-
Male citizens, before reaching
their military service age and before joining the armed forces, shall be
trained according to the general military training program, including political
education, military training, training in the sense of organization and
discipline, and physical training.
The training of students in
general military practice in formal programs in State schools shall be made
according to a program jointly formulated by the Minister of Defense and the
Minister of Education and Training.
The training in general military
practice for young men not enrolled in schools shall be organized by the
Chairmen of the People's Committees of communes, wards or townships, and the
Heads of State agencies. The training program shall be formulated by the
Minister of Defense.
The Minister of Defense shall,
in collaboration with the Heads of the concerned State agencies and social
organizations, provide guidance for the training in general military practice.
The Presidents of the People's
Committee of provinces and of the cities directly under the Central Government
and the Presidents of the People's Committees in the districts, towns and
cities under the province shall, within the scope of their functions, provide
guidance for training in general military practice for the youth in their
localities. Economic organizations and social organizations have the
responsibility to create conditions for the youth working in their establishments
to take part in general military training".
4. Article 19 is amended and
supplemented as follows:
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The People's Committees of
districts, towns and cities under the province have the responsibility to
prepare citizens to enlist in the armed forces and to call up citizens.
In January each year, the
Presidents of the People's Committees of the communes, wards and townships, the
Directors of vocational schools and secondary schools, the Heads of State
agencies, the Heads of economic organizations, social organizations and other
grassroots units, must report the list of male citizens who would reach 17
years of age in that year, to the Military Commander of the districts, towns
and cities under the province as prescribed by the Minister of Defense.
5. Paragraphs 1 and 2 of
Article 21 are amended and supplemented as follows:
"Every year the call-up is
done once or twice, the time frame for the call-up and the number of citizens
to be called up in the year shall be decided by the Government".
6. Article 23 is amended and
supplemented as follows:
"Article 23.-
The People's Committees of
communes, wards, townships, the State agencies as well as economic
organizations, social organizations and other grassroots units have the
responsibility to organize see-offs and to ensure that the citizens under the
call-up in their establishments are present at the prescribed time and the
prescribed places.
The people's administrations at
all levels have the responsibility, within the limit of their duties and
powers, to carry out the regimes and policies regarding the families of
armymen".
7. Article 24 is amended and
supplemented as follows:
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The People's Committees at all
levels shall set up the Military Service Duty Council at their level to help
the People's Committees to organize and implement military service work in
their localities.
The Military Service Duty
Council comprises a Chairman who is the President of the People's Committee, a Deputy
Chairman who is the military commander, and members who are the Heads of the
planning, labor, public security, public health care, culture-information
agencies, the Vietnam Fatherland Front, the Labor Confederation, the Ho Chi
Minh Communist Youth Union, the Women's Union, the Peasants' Association and
the Veterans' Association.
The Military Service Duty
Council shall work according to the collective principle, any resolution of the
Council must have the consent of the majority of its members.
8. Points 2, 3, 4 and 5 of
Article 25 are amended and supplemented as follows:
"2 To urge citizens to
register for military service and to get physical checks and examinations, and
to verify this process.
3. To propose the list of
citizens to be enlisted, to receive temporary postponement from military
call-up in peace time or definitive exemption from military service.
4. To urge citizens to obey the
call-up order, the order for military training, take part in military exercises
and the order to standby for mobilization and stand combat-ready. To verify
their observance of these orders.
5. To urge State agencies and
concerned organizations to implement the home - front policies and to manage
citizens due for military service in their localities."
9. Points 2 and 3 of Article
26 are amended and supplemented as follows:
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3. To urge and inspect the
related agencies and organizations in their implementation of the policy toward
the home front and management of citizens eligible for military service duty in
the locality."
10. Article 29 is amended and
supplemented as follows:
"Article 29.-
1. The following persons are
temporarily exempt from military call-up in peace time:
a/ Persons not yet physically
fit to serve in the army according to the conclusion of the Health Examination
Board.
b/ Persons who are the sole
laborers who must directly support other members of their families who have
lost their capacity to work or who have not reached the working age.
c/ Persons having siblings
living in the same household, who are non-commissioned officer or soldier in
active service in the army.
d/ Teachers, medical personnel,
members of the Youth Volunteers Organization working in difficult highlands,
remote areas, border areas, or remote offshore islands as defined by the
Government; Government employees in other services and branches, and cadres of
political and social organizations sent to work in the above-mentioned areas.
e/ Persons engaged in scientific
research projects of State level certified by a minister, ahead of
ministerial-level agency, or a person in equivalent positions;
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g/ Settlers in a newly opened
economic area in the first three years.
The persons in the
above-mentioned categories shall be subject to annual checks. If the reasons
for temporary exemption no longer exist, they would be called up for military
service duty. If a man is not called up before he reaches 27 years of age, his
name shall be transferred to the reserve force.
2. The following persons are
exempt from military call-up in peace time:
a/ Sons of fallen combatants,
war invalids or diseased combatants of first degree invalidity with especially
serious wounds or diseases.
b/ One of his elder or younger
brothers is a fallen combatant.
c/ Sons of first or
second-degree war invalids or first degree diseased soldiers.
d/ Members of the Youth
Volunteers' Organizations, Government officials or employees, cadres of
political or social organizations having served for more than 24 months in the
highlands with special difficulties, remote areas, border areas, remote islands
as defined by the Government.
In case the persons defined at
Item 1, Item 2 of this Article volunteer to enlist, they may be selected and
called up."
11. Article 40 is amended and
supplemented as follows:
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The training of non-commissioned
officers and soldiers in the reserve force is defined as follows:
1. The maximum time of training
for non-commissioned officers and first class reservists is 12 months.
The number of times and the
duration of training is to be defined by the Minister of Defense.
2. The training of second-class
reservists is to be defined by the Government on the proposal of the Minister
of Defense."
12. Article 42 is amended and
supplemented as follows:
"Article 42.-
The assembly of the reservists
for training or checking for combat readiness according to the time schedule
stipulated at Articles 40 and 41 of this Law, is to be decided by the Minister
of Defense.
When necessary, the Minister of
Defense is entitled to retain the reservists for further training, but not for
more than two months, and the total duration of the training periods shall not
exceed the time stipulated at Article 40 of this Law".
13. Article 51 is amended and
supplemented as follows:
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During their military service,
professional armymen receive their pay, other allowances corollary to their pay
and other benefits prescribed by the Government.
14. Article 52 is amended and
supplemented as follows:
"Article 52.-
During the period of
concentration for training and checking combat readiness, the professional
militarymen, non-commissioned officers and reservists, the families of the
professional militarymen and non-commissioned officers and first class
reservists shall enjoy the regime to be defined by the Government".
15. Point 3 of Article 53 is
amended and supplemented as follows:
"3. From the 25th month
onward, he shall receive an allowance equal to 200% of the monthly salary; and
from the 37th month he shall receive additional monthly allowance to be
specified by the Government."
16. Article 55 is amended and
supplemented as follows:
"Article 55.-
Professional militarymen,
non-commissioned officers and armymen after demobilization shall be supplied
with transport expenses and accommodation cost, demobilization allowances, and
job-generation allowance to be defined by the Government.
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The time during which the
second-class reservist is concentrated for training and checking for combat
readiness shall be counted as the time he would spend annually in doing his
public utility service duty."
17. Point 2 of Article 56 is
amended and supplemented as follows:
"2. After demobilization,
the non-commissioned officers and armymen shall return to the agencies and
economic establishments from which they joined up the army. These agencies and
establishments have the responsibility to reinstate them. If the former
agencies or establishments had been dissolved, closed down or had gone
bankrupt, the immediate higher level has the responsibility to provide jobs for
them.
In the event the immediate
higher level had also been dissolved or if there is no such agency, the
provincial Labor, War Invalids and Social Affairs Office has the responsibility
to cooperate with State agencies and economic and social organizations in
providing jobs and carry out the regimes and policies with regard to those
non-commissioned officers and armymen as prescribed by legislation on labor and
other related domains."
18. Article 61 is amended and
supplemented as follows:
"Article 61.-
The Presidents of the People's
Committees at the communes, wards and townships, the directors of the
vocational schools, vocational secondary schools, colleges and universities,
the heads of offices, the persons in charge of economic organizations, social
organizations and other grassroots units have to draw up the list of reservists
and those ready to enlist at their establishments to report to the Military
Command of the districts, towns and cities in the province as prescribed by the
Minister of National Defense."
19. Article 64 is amended and
supplemented as follows:
"Article 64.-
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1. All demobilization is halted;
2. All leaves of armymen are
halted. Armymen on leave must return immediately to their units;
3. The military commanders of the
districts, towns and cities in the province shall call up each citizen
according to the decision of the People's Committee of the same level.
The citizens who are called up
must be present on the time and at the place written in the call-up summon.
The People's Committees of
communes, wards, townships and the economic and social organizations have the
responsibility to make arrangements for the citizens to seriously carry out the
call-up order.
Article 2.-
Some terms in the Law on Military Service Duty are changed as follows:
a/ The term "Council of the
State" is changed to "Standing Committee of the National
Assembly"
b/ The term "Council of
Ministers" is changed to "Government".
c/ "Article 72" is
changed to "Article 70"
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Article 3.-
The Government shall amend and supplement the documents detailing the
implementation of the Law on Military Service Duty to make them conform to this
Law.
This Law was passed by the
Ninth National Assembly of the Socialist Republic of Vietnam at its Fifth
Session, on the 22nd of June, 1994.
THE
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh