THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
83/2001/ND-CP
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Hanoi,
November 09, 2001
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DECREE
ON MILITARY SERVICE REGISTRATION
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on Organization
of the Government;
Pursuant to the December 30,1981 Law on Military Services; the December 21,
1990 Law Amending and Supplementing a Number of Articles of the Law on Military
Services; the June 22, 1994 Law Amending and Supplementing a Number of Articles
of the Law on Military Services;
Pursuant to the August 27, 1996 Ordinance on the Reserve Forces;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
prescribes the military service registration subjects, procedures and order;
the regimes and policies towards the military service registrants and the
responsibility of agencies and organizations in military service registration.
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Article 3.- The military
service registration must be made for the right subjects, and strictly
according to regimes, policies, order and procedures so that the local military
offices firmly grasp the quantity, quality and evolution of people who are
prepared to join the army and the reserve armymen, aiming to serve the call up
of citizens into the army and build the reserve forces.
Article 4.- The male
citizens in the military service age bracket and women with professional skills
needed for the army must carry out the military service registration.
The reserve officers shall make military service
registration according to the 1999 Law on Officers of Vietnam People’s Army.
Article 5.- Military
service registration shall be carried out at citizens� places
of residence by the Military Commands of communes, wards or district towns
(hereinafter referred collectively to the commune level) and the Military
Commands of the rural districts, urban districts, provincial towns or cities
(hereinafter referred collectively to as the district level).
The citizens’ places of residence prescribed in
this Decree shall comply with the provisions of Clause 1, Article 48 of the
1995 Civil Code.
Article 6.- The
competent agencies, organizations and individuals shall, within the scope of
their respective functions, tasks and powers, have to inspirit, educate, urge
and create conditions for citizens to fully observe the law provisions on
military service registration.
Chapter II
MILITARY SERVICE
REGISTRATION SUBJECTS
Article 7.- The
following persons, except those prescribed in Article 8 and Article 9 of this
Decree, are subject to military service registration:
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2. Women aged between full 18 and full 40 having
professional skills in necessary service of the army. The list of professional
branches and trades undertaken by women and in necessary service of the army
shall be decided by the Prime Minister
Article 8.- The
following persons shall not be subject to military service registration yet:
1. Persons being deprived of the right to
service in the people�s
armed forces by courts.
2. Persons being examined for penal liability;
persons sentenced to imprisonment or non-custodial reform.
Upon the expiration of the time limits
prescribed in Clauses 1 and 2 of this Article, such people must make the
military service registration.
Article 9.- The
following persons are exempt from military service registration:
1. Defense employees and workers who are working
in the agencies and units of Vietnam People’s Army.
2. Persons who are working in the agencies and
units of the People’s Police.
3. The disabled persons, people suffering mental
diseases or other chronic ailments according to the list of illnesses
prescribed by the Health Minister and the Defense Minister.
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1. Persons ready for enlistment.
2. Class-one reserve armymen and class-two
reserve armymen.
Article 11.- The
military service registrants classified as those ready for enlistment shall
include:
1. Male citizens aged between full 17 and full
27, who have not yet been in active service in the people’s armed forces.
2. Women with professional skills needed for the
army.
Article 12.- The
military service registrants categorized as class-one reserve armymen shall
include:
1. Demobilized non-commissioned officers and
men, who had served the army for full or beyond the prescribed duration.
2. Non-commissioned officers and men who were
demobilized ahead of time but had been in active service in the army for one
year or more.
3. Demobilized non-commissioned officers and men
who had been engaged in combat.
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5. Defense employees, defense workers (being
non-commissioned officers, men who had been in active service in the army and
transferred to be defense employees, defense workers) having enjoyed the
severance regime.
6. Class-two reserve armymen who have gone
through the regular training program with the total length of training time as
prescribed by the Law on Military Services.
Article 13.- The
military service registrants categorized as class-two reserve armymen shall
include:
1. Non-commissioned officers and men who were
demobilized ahead of time and had been in active service in the army for less
than one year.
2. Male citizens who already worked in agencies
and/or units or the people’s police; defense male employees and defense male
workers who already served the people’s army.
3. Male citizens aged full 27 but not yet joined
the army.
4. Women aged between full 18 and full 40, who
have professional skills needed for the army as provided for in Clause 2,
Article 7 of this Decree.
Article 14.- Depending
on age brackets, the reserve armymen in each category are divided into two
groups:
1. Group A includes the following reserve
armymen: Men aged up to full 35; women aged up to full 30.
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Chapter III
MILITARY SERVICE
REGISTRATION ORDER AND PROCEDURES
Section 1.- FIRST-TIME
MILITARY SERVICE REGISTRATION
Article 15.- Within the
first ten days of January every year, the commune-level People�s Committee presidents must
report to the district-level Military Commands the list of male citizens aged
full 17 in that year, citizens in the military service age bracket having not
yet made the military service registration and citizens exempt from military
service registration as provided for in Article 9 of this Decree.
Article 16.- Within the
first ten days of January every year, the principals of vocational training
schools, vocational intermediate schools, colleges and universities, and the
heads of other agencies, organizations and establishments must report to the
district-level Military Commands of the localities where they are headquartered
the lists of citizens subject to the military service registration but having
not yet made the first-time registration.
Article 17.- In April
every year, upon the call-up orders of the chiefs of the district-level
Military Commands, male citizens aged full 17 in the year and persons in the
military service age bracket, who have not yet made the military service
registration, must go to the district-level Military Commands at their
residence places to produce their people�s identity cards, declare their curricula vitae for the
first-time registration into the registers of citizens ready for enlistment.
Article 18.- The
district-level Military Commands have the responsibility to:
1. Grant the military service registration
certificates to persons who are ready to join the army.
2. Compile the military service records for
persons who are fully qualified for the call-up into the army.
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Section 2. RESERVE ARMYMEN
RANK REGISTRATION AND PROMOTION
Article
19.-
1. Professional armymen,
non-commissioned officers, men, defense employees and defense workers of the
people’s army as well as employees, professional non-commissioned officers and
men of the people’s police, who are subject to demobilization or job severance,
must register themselves into the reserve armymen rank.
2. Within fifteen days after the date of their
demobilization or job severence, such people must bring the dossiers and papers
on their demobilization or job severance to the district-level Military
Commands at the places of their residence for registration into the reserve
rank.
3. The district-level Military Commands shall
carry out the registration procedures and grant military service registration
certificates to the persons defined in Clause 1 of this Article.
Article
20.-
1. Upon the call-up order
of the chiefs of the district-level Military Commands, the persons defined in
Clauses 3 and 4 of Article 13 of this Decree must go to the district-level
Military Commands at their residence places for registration into the reserve
rank.
2. Upon the registration, the male citizens
shall produce their military service registration certificates and graduation
diplomas if their have been trained at vocational training schools, vocational
intermediate schools, colleges or universities; and women produce their
professional graduation diplomas.
3. The district-level Military Commands carry
out the registration procedures and grant the reserve armymen registration
certificates to persons defined in Clause 1 of this Article.
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Section 3. ADDITIONAL
REGISTRATION
Article 22.- Within ten
days after making any changes in their family and/or given names, residence
places within the communes they are residing, addresses of their working or
study places, working positions, educational levels, the persons ready to join
the army or the reserve armymen must go to the commune-level Military Commands
in their residence places to make additional registration.
Article 23.- Once every
six months from July 1 to 10 and from January 1 to 10 every year, the
commune-level Military Commands shall report to the district-level Military
Commands on changes in the registration as provided for in Article 22 of this
Decree.
Section 4. RELOCATION
REGISTRATION AND ABSENCE REGISTRATION
Article
24.-
1. Persons who are ready
for enlistment or reserve armymen, before changing their residence places from
one commune to another within a district, must go to the commune-level Military
Commands at their residence places to produce the papers on the changes in
their residence places in order to have their names crossed out from the
military service registers.
2. Within ten days after moving to their new
residence places, the persons prepared to join the army or reserve armymen must
go to the commune-level Military Commands to produce papers on the change of
their in residence places and the military service registration certificates
for recording into the military service registers.
3. The commune-level Military Commands at the
places where the persons prepared to join the army or the reserve armymen move
from or move into must report to the district-level Military Commands on the
changes defined in Clauses 1 and 2 of this Article at the time prescribed in
Article 23 of this Decree.
Article
25.-
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2. Persons ready for enlistment or reserve
armymen, when being called up for study in vocational training schools,
vocational intermediate schools, colleges or universities, must go to the
district-level Military Commands to get the transfer of their military service
registration certificates to such schools for the schools to manage and report
to the district-level Military Commands at the places where the schools are
headquartered.
Within three months after their graduation, the
persons ready to join the army or the reserve armymen must transfer their
military service registration certificates to new residence places.
Article 26.- The
reserve armymen who are arranged into reserve units, when being away from their
residence places for ten days or more, must report to the commune- level
Military Commands on their absence. Monthly, the commune-level Military
Commands must report to the district-level Military Commands on the number of
reserve armymen being absent from their residence places.
Article 27.- Persons
ready to join the army or reserve armymen, who are sent abroad by their
agencies, organizations for working trips, the absence registration and
re-registration shall be carried out as follows:
1. If the overseas working trips last for one
year or more, within ten days as from the date of such persons departure, the
agencies or organizations where such persons work must send their
representatives to the district-level Military Commands for long-term absence
registration and submission of the military service registration certificates
of the persons ready for enlistment or reserve armymen. Within ten days as from
the date such persons return to their working places, the agencies or
organizations where they work shall send representatives to the district-level
Military Commands for re-registration.
2. If the duration for which they are sent
abroad lasts between three months and under one year, the persons ready for
enlistment or the reserve armymen shall leave their military service
registration certificates at their working agencies or organizations. The
agencies or organizations where such persons work have the responsibility to
report to the district-level Military Commands within ten days as from the date
such person leave or return to the country.
Article 28.- For the to
be-enlisted persons or reserve armymen, who are allowed to go abroad for
personal business, the absence registration and re-registration shall be
carried out as follows:
1. If they go abroad for one year or more, the to
be-enlisted persons or reserve armymen must go to the district-level Military
Commands at their residence places to produce papers permitting their travels
abroad, to register their long-term absence and entrust their military service
registration certificates. Within ten days as from the date they return home,
the to be-enlisted persons or reserve armymen must go to the district-level
Military Commands for re-registration.
2. If they go abroad for between three months
and under one year, the to be-enlisted persons or reserve armymen must deposit
their military service registration certificates at the commune-level Military
Commands at their residence places or their working agencies or organizations.
The commune-level Military Commands or the agencies or organizations where they
work have the responsibility to report on the absence registration or
re-registration to the district-level Military Commands within ten days as from
the date such persons go abroad or return home.
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Article 29.- The
military service registrants, if being exempt from enlistment in war time under
the Law on Military Service, shall be crossed out from the list of military
service registrants for separate management. Within ten days, the military
service registrants who receive the decisions on appointment to positions
entitled to enlistment exemption in war time, the agencies or organizations
where such persons work shall send their representatives to bring such appointment
decisions, the military service registration certificates of those persons to
the district-level Military Commands for carrying out the procedures to cross
them out from the list of military service registrants.
Article 30.- The
persons who have been crossed out from the lists of military service
registrants as provided for in Article 29 of this Decree, if they no longer
hold the positions entitled to enlistment exemption in war time but are still
subject to military service registration must make re-registration. Within ten
days as from the date they no longer hold the positions entitled to enlistment
exemption in war time, the agencies or organizations where such persons work
shall send their representatives to the district-level Military Commands to
carry out the procedures for re-registration for such persons.
Article 31.- The
management of persons entitled to enlistment exemption during war time shall be
prescribed by the Defense Minister.
Section 6. SUBJECTS EXCLUDED
FROM MILITARY SERVICE REGISTRATION
Article 32.- The
persons entitled to the exclusion from military service registration shall
include:
1. The persons who have already made the
military service registration but die or get crippled, suffer from mental
diseases or other chronic ailments defined in Clause 3, Article 9 of this
Decree.
2. Persons who are no longer in the age group
for service in the reserve armymen rank.
Article 33.- Annually,
the district-level Military Commands decide to exclude from the lists of
military service registrants persons of the category defined in Article 32 of
this Decree.
Chapter IV
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Article 34.- The to
be-enlisted persons and reserve armymen, while making the military service
registration and health checks, shall enjoy the following regimes:
1. If being officials, employees and workers
enjoying salaries and wages from the State budget, they shall be fully paid
with their wages and other allowances (if any), travel fares and trip
allowances by their establishments where they work according to the current
regimes.
2. Other subjects shall be provided with travel
fares, expenses for meals and accommodation during the time they wait for the
registration and health checks according to the current regimes.
Article 35.- Expenses
for military service registration shall be covered by local budgets, which
include the following:
1. Expense for printing of books, forms and
tables for military service registration.
2. Expense for organizing the military service
registration at district and commune levels.
3. Expenses for other activities related to
military service registration.
Chapter V
TASKS AND POWERS OF
AGENCIES AND ORGANIZATIONS IN MILITARY SERVICE REGISTRATION
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Article 37.- The
People’s Committees of all levels have the responsibility to direct the military
offices of the same levels in carrying out the military service registration
and managing the to be-enlisted persons and reserve armymen in their respective
localities according to the provisions of this Decree and the stipulations of
the Defense Minister.
Article
38.-
1. The Military Zone
commanders, the chiefs of the Military Commands of the provinces and
centrally-run cities have the responsibility to direct the military offices
under their management in carrying out the military service registration.
2. The chiefs of the district-level Military
Commands and the chiefs of the commune-level Military Commands have the
responsibility to directly organize the military service registration.
Article 39.- The police
offices of all levels shall, within the ambit of their respective tasks and
powers, have the responsibility to:
1. Temporarily hold the military service
registration certificates when the to be-enlisted persons or reserve armymen
are being put in custody or temporarily detained.
2. Notify the district-level Military Commands
in the localities where the to be-enlisted persons or reserve armymen are
residing of their custody, detention or release within ten days after their
custody, detention or release.
3. Notify the district-level Military Commands
of the fact that the to be-enlisted persons or reserve armymen have been
granted the permanent residence registration transfer, permanent residence
registration papers or the definite temporary residence registration papers for
monitoring and managing the military service registration.
4. Check the absence of to be-enlisted persons
or reserve armymen when they are allowed to travel abroad with their passports
granted by the Ministry of Public Security according to its competence.
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Article 40.- The
diplomatic offices have the responsibility to inspect the registration of
absence of to be-enlisted persons or reserve army men when they are sent abroad
with passports granted by the Ministry for Foreign Affairs according to its
competence.
Article 41.- The
district-level health bodies shall have to assume the prime responsibility for
providing health checks for reserve armymen and health examinations for the to
be-enlisted persons according to plans of the military offices of the same
level.
Article 42.- The
justice bodies with law-prescribed competence have the responsibility to inform
the district-level Military Commands of the to be-enlisted persons� or
reserve armymen�s name changes or death within ten days after they
have changed their names or died.
Article 43.- The
district-level Military Commands, upon receiving the extracts of courts�
judgments that the to be-enlisted persons or reserve armymen have been striped
off the right to service in the people�s armed forces, sentenced to jail or non-custodial
reform, shall put them into the category of being not yet entitled to military
service registration as provided for in Article 8 of this Decree.
Chapter VI
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 44.-
Organizations and individuals with merits in military service registration
shall be commended and/or rewarded according to the current law provisions.
Article 45.-
Organizations and individuals that commit acts of violating the regulations on
military service registration shall, depending the nature and seriousness of
their violations, be handled according to law provisions.
Article 46.- The
lodging and settlement of complaints, denunciations about violations of the
regulations on military service registration shall comply with the provisions
of the legislation on complaints and denunciations.
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IMPLEMENTATION
PROVISIONS
Article 47.- This
Decree takes effect 15 days after its signing and replaces Decree No. 48/HDBT
of May 16, 1983 of the Council of Ministers (now the Government) promulgating
the Regulation on Military Service Registration. All other regulations contrary
to this Decree are hereby annulled.
Article 48.- The
Defense Minister have the responsibility to guide the implementation of this
Decree.
Article 49.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai