|
Ministry of National Defense
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
|
|
No.
148/2018/TT-BQP
|
Hanoi,
04th of October, 2018
|
CIRCULAR
Provisions for
selecting and conscripting citizens
Pursuant to the Law on Military
Service dated June 19. 2015;
Pursuant to Decree No.
164/2017/ND-CP dated December 30, 2017 of the Government on functions, tasks,
powers, and organizational structure of the Ministry of National Defense;
At the request of the Chief of
the General Staff;
The Minister of National Defense
promulgates the Circular on provisions for selecting and conscripting citizens.
Article 1.
Scope of regulation and regulated entities
1. This
Circular specifies the provisions for selecting and conscripting citizens;
responsibilities of agencies, organizations and individuals in selecting and
conscripting citizens (hereinafter referred to as "drafting").
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.
Drafting principles and requirements
1. Follow the
guidelines and principles of the Communist Party, policies and law of the State
and procedures, regulations on drafting.
2. Ensure
drafting adequacy and quality, recruit following top-down selection procedure;
assure democracy, equality, openness, security and cost efficiency.
3. Emphasize
the responsibilities of every organization and individual to improve the
effectiveness of the drafting.
4. Focus on
drafting graduates, ethnics to improve the quality of the regular armed force
and reserve force, which form the constructive fundamentals to enforce the
local political facilities, to strengthen national defense and security, and to
protect the Socialist of Vietnam Fatherland.
Article 3.
Drafting quota and time
1. Comply with
the Decision of the Prime Minister on conscripting citizens annually.
2. Pursuant to
the Decision of the Prime Minister, the Minister of National Defense decides to
introduce the quota for conscripting citizens to entities affiliated to the
Ministry of National Defense in every province, central-affiliated cities
(hereinafter referred to as “provincial").
Article 4.
Drafting requirements
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Citizens from the age of 18 to
under 26.
b) Graduate male citizen who enters
university or college and postpones conscription for a training course of a
level will be drafted until he turns 28.
2. Political
requirements:
a) Comply with Joint Circular No.
50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense –
the Minister of Public Security on provisions for political requirements for
conscripting citizens into the Vietnamese People’s Army.
b) Drafting for crucial and
classified agencies, units and positions in the Army; ceremonial battalion;
professional National Guards and Military shall comply with regulations and law
of the Ministry of National Defense.
3. Health
requirements:
a) Draft citizens with health type
1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30,
2016 of the Minister of Health – the Minister of National Defense on provisions
for pre-enlistment check-up.
b) Drafting for agencies, units and
positions specified in Point b Clause 2 of this Article must ensure separate
standards as regulated by the Ministry of National Defense.
c) Do not conscript citizens with
health type 3 and eye disorders (1.5 dioptre myopia or higher, hypermetropia at
all degrees); drug addicts, those contracted with HIV, AIDS.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Draft citizens who finished 8th
grade or higher in descending order. In areas where the drafting quota cannot
be guaranteed due to hardship, request the competent authorities to consider
and decide to draft citizens who finished 7th grade.
b) Communes in remote and isolated
areas, in areas with economic - social hardships according to regulations and
law; ethnic minorities below 10,000 people shall draft no more than 25% of the
citizens who finished primary education and the citizens who finished lower
secondary education are drafted to fill the rest.
Article 5.
Drafting postponement and exemption
The drafting postponement and
exemption during peace time shall comply with Article 41 of the 2015 Law on
Military Service. To be specific:
1. The
following citizens shall have their conscription postponed:
a) Citizen whose health is
unsatisfactory for active military service according to the conclusion of
pre-enlistment check-up board.
b) Citizen being the only
breadwinner who directly takes care of his relatives who lost working capacity
or under working age; citizen being the only breadwinner in a family suffering
serious damage to humans and property due to dangerous accidents, disasters,
epidemics confirmed by the People’s Committees of the communes, wards, towns
(hereinafter referred to as “communes”).
c) Citizen who is a child of sick
soldiers, people infected with dioxin and suffering labor capacity reduction
from 61% to 80%.
d) Citizen whose biological
siblings is a non-commissioned officer/active duty enlisted soldier or a
non-commissioned officer/enlisted soldier performing service in the police.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e) Citizen who is an official or a
youth volunteer assigned to an extremely disadvantage socio-economic area
according the law provisions.
g) Citizen who is studying at a
compulsory education institution or receiving training or university level at a
higher education institution or training of college level at a vocational
education institution for a training course of a level.
2. The
following citizens shall have their conscription exempted:
a) Citizen who is a child of
revolutionary martyrs or grade 1 wounded soldiers.
b) Citizen who is a brother of
revolutionary martyrs.
c) 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) Citizen who is carrying out
cipher activities and not a soldier or police.
dd) Citizen who is an official or a
youth volunteer assigned to an extremely disadvantaged socio-economic area
according the law provisions for 24 months or more.
3. The
citizens eligible for postponement specified in Clause 1 of this Article shall
be drafted if the reason for postponement is no longer available.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The lists
of citizens eligible for postponement and exemption from conscription shall be
posted publicly at the head offices of the People’s Committees of communes
and/or relevant organizations or agencies for 20 days from the day in which the
Chairmen of the People’s Committees of ward-level sign the Decision.
Article 6.
Responsibilities of local authorities
1. The
responsibilities of the People’s Committees at all levels:
a) Successfully publicizing,
popularizing and educating to improve the awareness and responsibilities to
comply with the Law on Military Service of the people, particularly those
within the mentioned age group; directing the drafting to follow the
procedures, fulfill the quota, meet the standards.
b) Establishing the Board of
military service with adequate quantity and composition as regulated; assigning
tasks and explaining the implementation responsibilities to organizations and individuals.
Utilizing the roles and responsibilities of local political structures; the
consulting roles of military agencies at all levels and the responsibilities of
the heads of the communes, hamlets, neighborhoods, residential areas, villages
(hereinafter referred to as “communes”) that contribute to the drafting.
c) Allocating the quota suitable
for the conditions of the locality and provincial areas; guaranteeing drafted
citizens in every commune, ward and town.
d) Ensuring the drafting procedure
is fulfilled, the personnel is selected carefully; enabling the accepting units
to inspect the dossiers, confirm the size and enabling units authorized by the
Ministry of National Defense to get to know the recruit’s detailed information
(health, family, background and political standards). Collaborating with the
accepting agencies in swapping, filling enlisted citizens who fail to meet the
standards, quality (if any); the swapping, filling ratio must not exceed 2% of
the local quota; being responsible for the quality of the recruits.
dd) Directing the Board of military
service and relevant boards, departments to monitor, instruct, expedite and
inspecting the implementation of drafting; annually, take charge of organizing
conferences in cooperation on drafting and experience-learning meetings,
concluding the drafting operation according to regulations and law.
e) Promptly handling complaints and
denunciation, stringently taking actions against violations in drafting as per
law; publicizing to raise awareness, uniting the people’s viewpoint, preventing
negativity.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Carrying out the responsibilities
specified in Clause 1 of this Article and instructing the Board of military
service, relevant departments, boards and People’s Committees of wards,
districts, towns, cities affiliated to the province (hereinafter referred to as
“province”) to draft as per law and ensure adequate recruits.
3. The
responsibilities of the People’s Committees of wards:
a) Carrying out the
responsibilities specified in Clause 1 of this Article and instructing the
Board of military service, relevant departments, boards and People’s Committees
of wards to draft as per law and ensure adequacy and quality of the recruits.
b) Directly implementing and
guiding the drafting; acknowledging of the number of citizens currently staying
and absent from the locality; training the officials and employees
participating in drafting; directing the enlisting, check-up, careful
inspection, ensuring democracy, equality, openness and transparency; enabling
the citizens to enlist promptly, cleanly as regulated; assigning each member of
the Board of military service to be responsible for monitoring and guiding
certain communes, agencies, organizations and will be jointly responsible for
the adequacy and quality of the recruits.
c) Establishing the Pre-enlistment
Check-up Board and pre-enlistment check-up groups consisting of personnel of
various majors and fully equipped as per law; setting up check-up locations,
specifying responsibilities of organizations and individuals participating in
pre-enlistment check-up to ensure quality, accurate conclusion and
responsibilities the results.
d) Organizing the implementation of
certifying the drafting postponement and drafting exemption with carefulness,
democracy, equality, openness. The organized implementation must be approved by
the Chairmen of the People’s Committees of communes.
dd) Directing the call for
pre-enlistment check-up suitable for each locality; the total number of
citizens called for check-up must not exceed the quadrupled quota. Confirming
the size of personnel, dispatching the district conscription orders, the backup
must not exceed 5% of the total quota of the districts and fulfilling all the procedures
and files (including the Members of the Communist Party dossier, Ho Chi Minh
Communist Youth Union dossier) of the drafted citizens transferred to the
accepting agencies.
e) Directing the Board of military
service, while performing check-up, to register the amount of military
equipment for each citizen and inform the accepting agencies to guarantee the
provisions as regulated; providing certain military equipments for new recruits
from 03 to 05 days prior to the Soldier accepting ceremony to ensure consistency
and appropriateness in each division, military branch and local weather,
climate condition.
g) Regularly exchanging information
relating conscripted citizens; collaborating with the accepting agencies to
swap or fill personnel in their units (if any) to meet the quality and deadline
as regulated.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Carrying out the
responsibilities specified in Clause 1 of this Article and instructing the
Board of military service, relevant departments, boards and hamlets to draft as
per law and ensure adequate recruits.
b) Directing the hamlets to elect
and nominate male citizens within the aforementioned age group to participate
in the military service pre-qualifications according to regulations and law;
ensuring democracy, equality, openness, quality and efficiency.
c) Directly implementing the
pre-qualification and examining drafted citizens; reporting to People’s
Committees of districts to compile the lists of citizens eligible for
conscription, postponement and exemption from military service. Filing dossiers
relating military service and procedures applied to citizens eligible for
conscription, the files will then be transferred to the Military Commands of
districts.
Publicly posting at the office of
the People’s Committees of communes as regulated and publicly informing each
hamlet the following details:
- The quota
assigned to the commune by the corresponding district:
- The drafting
conditions and standards; cases of military service postponement and exemption;
- The lists of
citizens within the conscription range;
- The lists of
postponed or exempted citizens;
- The lists of
citizens eligible for conscription;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The lists of
citizens accepted and ready for military service.
d) Directing the Military Commands
of communes to collaborate with relevant boards and departments to instruct the
conscripted citizens, fill in the health insurance application form which will
be approved by the People’s Committee of communes then transferred to the
Military Commands of districts with the military dossiers.
dd) Directing the Military Commands
of communes to collaborate with the police authorities of communes and other
boards, departments and entities to get to know the political, moral standards
and other recent difficulties of the conscripted citizens, promptly inform and
provide the information for the Military Commands of districts and the
accepting agencies for acknowledgement and management. Collaborating with the
accepting agencies and families on taking actions against service desertion
according to regulations and law.
Article 7.
Responsibilities of the accepting agencies
1. Cooperating
with the conscripting locality to agree with the locality on the quota, dossier
examination duration and size of personnel 10 days before the date in which the
military agencies of districts dispatch the conscription orders; collaborating
with the locality organizing and attending the Soldier accepting ceremony;
accepting and transporting the personnel to their unit by military tracks or
trains, ships to ensure maximum security; stationing personnel at the locality
for extended period of time is prohibited; exceptionally preparing all aspects
to accept and train new recruits as planned.
2. Units
assigned to get to know the recruits’ detailed information must actively
cooperate with the locality to carry out the implementation as specified by the
Ministry of National Defense.
3. Within 07 days
from the day of receiving the recruits, the accepting agencies must check the
standards of new recruits again and finish swapping, filling (if any).
If the accepting agencies are
anticipating the verification relating politics, moral or medical assessment,
they must promptly inform and cooperate with the districts to swap, fill the
personnel. The swapping, filling period must not exceed 15 days from the day of
receiving the recruits; the swapping, filling rate must not exceed 2% of the
local quota.
4. Being
responsible for the additional examinations, agree with the military agencies
of districts to record and perform any swapping, filling (if any) at the unit.
Annually, implementing experience-learning meetings, conclusions on drafting
according to regulations and law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 8.
Military regions’ responsibilities
1. Directing,
guiding, examining units in charge of drafting as specified in Article 7 of
this Circular.
2. Directing,
guiding, examining the local civil agencies of provinces consulting the
People’s Committees of the same level about directing the Board of military
service to draft as regulated, ensuring personnel adequacy.
3. Annually,
directing and guiding the localities, units and directing implementing
experience-learning meetings, conclusions on drafting according to regulations
and law.
Article 9.
Responsibilities of agencies and units affiliated to the Ministry of National
Defense
Based on their functions and tasks,
directing, guiding and inspecting the drafting; regularly keeping the situation
under control, cooperating with the localities securely, enabling the
localities and units to draft as per law.
Article 10.
Cooperation in drafting
1. The
People’s Committees of provinces, of districts must take charge in the
overseeing of the cooperation between the localities and the accepting agencies
to agree on the criteria and various time benchmarks for examining dossiers,
getting to know the recruits’ detailed information, concluding the personnel
size, transferring and accepting methods. To be specific:
a) The People’s Committees of
provinces must cooperate with divisions, brigade and similar ranking units
(direct subordinates to entities affiliated to the Ministry).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The
People’s Committees of provinces, of districts must direct the military
agencies and police authorities at the same level to collaborate cautiously in
drafting citizens and fulfilling the duty of joining the police; military
agencies and police authorities agree on the quota and personnel for
conscription and fulfilling the duty of joining the police.
3. The
localities and the military units must collaborate and cooperate cautiously in
recruiting and managing soldiers. The accepting agencies must send their
commanding officers as per law to cooperate with the People’s Committees of
provinces, of districts on drafting and be responsible for the terms of the
cooperation.
Article 11.
Organizing Soldier accepting ceremony
1. The High
Commands of the military regions must collaborate with the People’s Committees
of provinces within military regions’ territories; reach a consensus on
organizing of the soldier accepting ceremony of the Military and Police forces
in the same day.
2. The
People’s Committees of provinces must hold the Soldier accepting ceremony
according to regulations, ensure formality, orderliness, safety, cost
efficiency and create exciting atmosphere; the record of accepting recruits
between the localities and the accepting units will be signed at the end of the
ceremony.
Article 12.
Entry into force
1. This
Circular comes into force from November 20, 2018 and supersedes Circular No.
140/2015/TT-BQP dated December 16, 2015 of the Ministry of National Defense on
provisions for selecting and conscripting citizens.
2. If the
legislative documents extracted in this Circular are approved for amendments or
superseded by other legislative document, the new documents will apply.
Article 13.
Responsibility for implementation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
PP.
MINISTER
DEPUTY MINISTER
Colonel General Phan Van Giang