Luật Nghĩa vụ quân sự - văn bản tiếng Anh: Law on military service of Vietnam.
Tải về toàn văn Luật Nghĩa vụ quân sự tiếng Anh: Law on military service TẠI ĐÂY
THE NATIONAL ASSEMBLY
------- |
SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom - Happiness |
Law No.: 78/2015/QH13
|
Hanoi, June 19th,
2015
|
LAW
ON
MILITARY SERVICE
Pursuant to the Constitution of Socialist Republic of
Vietnam;
The National Assembly promulgates the Law on military
service.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for military service; tasks and
competence of agencies, organizations, and individuals and regulations and
policies on military service.
Article 2. Regulated entities
This Law applies to agencies, organizations, and
individuals relating to military service.
Article 3. Interpretation of terms
In this Law, these terms can be construed as follows:
1. Call-up age means the age at which the citizen
shall perform the military service in the regular armed forces or in the
reserve forces of People's Army.
2. Military registration means the formulation of
dossiers on military service of citizen at the age subject to military recruitment.
3. Enlistment means an activity in which the
citizens perform the service in the regular armed force of People’s Army or the
Coastguard for a certain duration.
4. Demobilization means an activity in which the
non-commissioned officers/enlisted soldiers stop their service in People’s Army
or the Coastguard.
5. Active duty non-commissioned officers/enlisted
soldiers means citizens who are serving in the regular armed force of
People’s Army or the Coastguard.
6. Reserve non-commissioned officers/enlisted soldiers means
citizens who have registered to serve in reserve force of People’s Army.
7. Removal from reserve force means the activity in
which reserve non-commissioned officers/enlisted soldiers are removed from
reserve force of People’s Army.
8. Evasion of military service means the activity in
which the citizens fail to comply with the order for registration for military
service; order for pre-enlistment check-up; the call-up; the order for
concentrated training, practicing or examination on readiness for
mobilization/fighting.
Article 4. Military service
1. Military service is the glory of citizen to serving in
People’s Army. Military service is performed in the regular armed forces or in
reserve forces of People’s Army.
2. Citizens at the age for military service, regardless of
ethnics, sectors, faiths, religions, education levels, occupations or
residences, shall complete the military service according to the regulations in
this Law.
3. Any citizens who joins the Coastguard forces or People’s
Army is considered as active duty military.
4. Citizens shall be recognized completing peacetime
military service in the regular armed forces:
a) Core militiamen who have completed militia service with
at least 12 months served as a standing militiaman;
b) Citizens who have completed service in Police
departments of communes for at least 36 months;
c) Officials and civil servants and people having
university degrees who have received training and granted rank of reserve
officer;
d) Young people graduated from universities, colleges or
vocational schools who volunteer to serve at economic-defense groups for at
least 24 months according to the project decided by the Prime Minister;
dd) Citizens serving on fishery inspection cutters for at
least 24 months.
Article 5. Responsibilities of
agencies, organizations, individuals and families in performance military
service
All agencies, organizations, individuals and families are
responsible for educating, encouraging and facilitating the citizens to perform
military service.
Article 6. Military service in regular
armed forces
1. Any male citizen at the call-up age shall perform the
military service in regular armed force of People's Army.
2. Any female citizen at the age for military service in
peacetime may perform military service in regular armed force if such citizen
volunteers and on the demand of the armed force.
Article 7. Military service in reserve
force
1. Male citizens at the call-up age shall perform the
military service in reserve force in the following cases;
a) The male citizen older than the call-up age has not
performed military service in regular armed force;
b) The male citizen stopped the military service in regular
armed force;
c) The male citizen has stopped the service in People’s
Army.
2. Females citizen at the call-up age that has profession
skills conformable with the requirement of People’s Army may serve military
service in reserve force.
The Government shall specify the profession mentioned in
this Clause.
Article 8. Positions and rank titles of
non-commissioned officers and enlisted soldiers
1. Positions of non-commissioned officers and enlisted
soldiers
a) Deputy platoon leader and similar positions;
b) Squad leader and similar positions;
c) Deputy squad leader and similar positions;
d) Enlisted members.
2. Military ranks of non-commissioned officers and enlisted
soldiers:
a) Master Sergeant;
b) Sergeant;
c) Corporal;
d) Private first class;
dd) Private.
3. Non-commissioned officers, enlisted soldiers in regular
armed force and non-commissioned officers, enlisted soldiers in reserve force
shall be granted or promoted brevets in proportion to positions; officers
performing high-profile duties shall be granted brevet promotions before the
regular date of promotion; officers performing extremely high-profile duties
shall be granted brevets of a higher rank.
4. The Minister of National Defense is in charge of giving
decisions on granting, promotion, demotion, revocation of rank titles; giving
decision on accreditation, demotion, dismissal of duties; providing regulations
on similar rank titles for positions of non-commissioned officers and enlisted
soldiers specified in clauses 1 and 2 of this Article.
Article 9. Rights and obligations of
non-commissioned officers and enlisted soldiers
1. The State shall ensure the preferential policies for
non-commissioned officers and enlisted soldiers according to the
characteristics of People’s Army.
2. Obligations of non-commissioned officers and enlisted
members:
a) Be strictly loyal to the motherland, people, the Communist
Party and the State of the Socialist Republic of Vietnam;
b) Always ready to fight and sacrifice their lives for the
independence, sovereignty, unity and territorial integrity of Vietnam; protect
People, Communist Party, the State and socialist regime; complete all assigned
tasks and perform international duties;
c) Protect properties and benefits of the State, agencies,
organizations; protect lives, properties and lawful rights and interests of
People; participate in protection of national security and social order and
safety according to the provisions of laws;
d) Strictly comply with the lines and policies of Communist
Party, policies and laws of the State, regulations and instructions of People’s
Army;
dd) Participate in training in politics, military, culture,
science, technique, specialist skills; improve the organization, discipline and
physical fitness; increase political stuff, fighting skill and spirit.
Article 10. Prohibited acts
1. Evasion of military service.
2. Opposition, obstacle to the performance of military
service.
3. Deceitfulness in pre-enlistment medical check-up.
4. Misuse of power to commit violation against the
regulations on military service.
5. Use of non-commissioned officers and/or enlisted
soldiers unconformably to the provisions of laws.
6. Offence to non-commissioned officers and/or enlisted
soldiers.
Chapter II
MILITARY REGISTRATION AND
MANAGEMENT OF CITIZEN AT THE AGE SUBJECT TO MILITARY RECRUITMENT
Article 11. Principles of military
registration and management of citizen at the age subject to military
recruitment
1. Conformable with the entities, procedures and policies
prescribed in the laws.
2. Constant, transparent and convenient for citizens.
3. The management shall be close to have exact information
about quality, quantity and records of citizens subject to military service.
4. Any modification in residence of citizens subject to
military service shall be registered and managed according to the laws.
Article 12. Entities subject to
registration for military service
1. Male citizens turn 17 years old and above
2. Female citizens specified in clause 2 Article 7 of this
Law turn 18 years old and above.
Article 13. Entities must not register
for military service
1. Citizens in any of the following cases must not register
for military service:
a) Any citizen who is facing criminal prosecution; serving
the prison sentence, non-custodial re-education, bearing surveillance or
citizen who has carried out the prison sentence but without expunging of
criminal record;
b) Any citizen who is bearing education at communes or is
being at reform school, compulsory re-education schools, compulsory
detoxification centers;
c) Any citizen whose right to serve in People’s armed
forces is revoked.
2. When the duration of measures specified in clause 1 of
this Article expired, the citizen may register for military service.
Article 14. Entities eligible for
exemption from military service
The disabled, people with fatal diseases, mental illness or
chronic diseases according to the law provisions may enjoy exemption from
military service.
Article 15. Military service
registration receiving agencies
1. Military Commands of communes shall be responsible for
the registration of residents in local area.
2. Military Commands of agencies/organizations of shall be
responsible for military service registration of citizens working or studying
in such agencies/organizations then collect and report to Military Commands of
districts in local areas. If an establishment does not have Military Command,
the heads or legal representatives of such agencies/organizations shall direct
the citizen to register for military service in their local areas.
Article 16. Initial registration for
military service
1. In every January, Presidents of People’s Committees of
communes, heads or legal representatives of agencies/organizations report to
Military Commands of districts the List of male citizens who turn 17 years old
and male citizens subject to military service that have not registered for
military service.
2. In every April, Military Commander of districts shall
send the call-up papers to citizens specified in clause 1 of this Article to
perform initial registration for military service.
3. Citizens shall perform initial registration for military
service at military service registration receiving agencies specified in
Article 15 of this Law.
Article 17. Supplemental registration
for military service; military service registration in case of change in
residence or workplace/school; registration for absenteeism from military
service; registration for exemption from military recruitment in wartime
1. Supplemental registration for military service:
Any citizen having registered for military service who has
changes in position, educational level, qualification, health conditions and
other information relating to military service shall make supplemental
registration at military registration receiving agencies.
2. Military service registration in case of change in
residence or workplace/school:
a) Any citizen having registered for military service who
has changes in place of residence, workplace or school shall come to the
agencies where he/she has registered for military service to carry out the
procedures for modification of military service registration; within 10 working
days from the day on which a citizen move to the new place of
residence/work/study, he/she shall make military service re-registration.
b) Any citizen having registered for military service who
is going to study at vocational education institutions or higher education
institutions of national education system shall come to the agencies where
he/she has registered for military service to carry out the procedures for
modification of military service registration; after the studying period, such
citizen shall carry out the procedures for military service re-registration.
Heads of educational institutions shall provide citizens with conditions and
guidelines for military service registration and modification of military
service registration.
3. Registration for absenteeism from military service:
Any citizen having registered for military service who
leaves his/her residential place, workplace or schools for 03 months or more
shall register for absenteeism from military service; if such citizen returns
his/her place of resident/work/study, he/she shall make re-registration for
military service within 10 working days.
4. Citizens eligible for exemption from military
recruitment in wartime shall make registration according to the regulations of
the Government.
Article 18. Registration for military
service in reserve force
1. Male citizens prescribed in point a clause 1 Article 7
of this Law.
2. Female citizens prescribed in clause 2 Article 7 of this
Law.
3. Citizens subject to military service in any of the
following cases:
a) Demobilized non-commissioned officers/soldiers;
b) Specialized soldiers, national defense officials that
stop to serve in People’s Army/Coastguard force;
c) Citizens having stopped the service in People’s Army.
Article 19. Elimination from list of
people registering for military service
1. Citizen shall be eliminated from list of people
registering for military service in the following cases:
a) Die;
b) Exceed the age for military service in reserve force;
c) The cases specified in clause 1 Article 13 or 14 of this
Law.
2. Within 10 days from the day on which the confirmation of
competent authorities is received, Military Command of communes, establishments
where the citizens specified in clause 1 of this Article work or study at shall
report to the Military Command for decision.
Article 20. Responsibilities and
powers of agencies, organizations, and individuals in military service
registration and management of citizens subject to military service
1. The Government shall detail the procedures for registration
for military service.
2. The Minister of National Defense shall direct and
provide guidance for military service registration, issue the system of
registration form for military service, regime for reporting and inspecting the
registration for military service; carry out the management of citizens subject
to military service; establish and manage constantly the database about
military service.
3. People’s Committees at all levels are responsible for
directing the military service registration and management of citizens subject
to military service in local areas according to the law provisions.
4. Military agencies of districts/communes within their
tasks and powers shall:
a) Organization the military service registration and issue
the certificates of military service registration;
b) Preside over, cooperate with relevant agencies in the
management of citizens subject to military service.
5. Police departments of districts/communes within their
tasks and powers shall:
a) Promptly notify the Military Commands of the same levels
where the citizen subject to military service is living
b) Notify the Military Commands of same levels of the
changes in permanent residence, absence, stating of citizens subject to
military service for management of military service registration;
c) Cooperate with local military agencies and relevant
agencies in inspecting and handling violations against regulations on military
service registration.
6. Relevant agencies and organization shall cooperate with
military agencies of same levels in the implementation of regulations on
registration for military service and management of citizens subject to
military service.
Chapter III
PERFORMANCE OF ACTIVE DUTY
NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS AND RESERVE NON-COMMISSIONED OFFICERS/ENLISTED
SOLDIERS
Section 1: PERFORMANCE OF ACTIVE DUTY
NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS
Article 21: Duration of service in
regular armed force of non-commissioned officers/enlisted soldiers
1. Duration of service in regular armed force in peacetime
of non-commissioned officers/enlisted soldiers is 24 months.
2. The Minister of National Defense may give decision on
extension of duration of service in regular armed force of non-commissioned
officers/enlisted soldiers in the following cases (the extension shall not
exceed 6 months):
a) To ensure the readiness for combat;
b) During the prevention and fighting against natural
disasters/epidemics and the rescue activities.
3. The duration of service of non-commissioned
officers/enlisted soldiers in wartime or in emergency condition of national
defense shall be in accordance with the general mobilization or local
mobilization.
Article 22: Method for calculating
duration of service in regular armed force of non-commissioned
officers/enlisted soldiers
1. Duration of service in regular armed force of
non-commissioned officers/enlisted soldiers is calculated from the day on which
the soldiers are transferred or from the day on which People's Army accept the
soldiers to the demobilized day decided by competent authorities.
2. The duration of desertion and time of serving the
temporary prison sentence shall not be included in duration of service in
regular armed force.
Article 23. Performance of
non-commissioned officers/enlisted soldiers with professional knowledge
1. Non-commissioned officers/enlisted soldiers with
professional skill and knowledge who perform military service shall be
prioritized in assignment to positions appropriate with the demand of the army
according to the regulations issued by the Minister of National Defense.
2. If a non-commissioned officer/enlisted soldier who has
completed military service in regular armed force or is serving in reserve
force and satisfies the requirements of the army volunteers (and the army has
demand), such officer/soldier shall be transferred to serve as an army
commissioned officer, a professional soldier or a defense official according to
the law provisions.
Section 2: PERFORMANCE OF RESERVE
NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS
Article 24. Grade of reserve
non-commissioned officers/enlisted soldiers
1. Non-commissioned officers and enlisted soldiers are
classified in to grade 1 reserve non-commissioned officers/enlisted soldiers
and grade 2 reserve non-commissioned officers/enlisted soldiers.
2. Grade 1 reserve non-commissioned officers/enlisted
soldiers:
a) Non-commissioned officers/enlisted soldiers who are
demobilized after at least 6 months serving in regular armed force;
b) Non-commissioned officers/enlisted soldiers who are
demobilized after participating in combat;
c) Male citizens having stopped the service in People’s
Army after 20 months serving there;
d) Male citizens being professional soldiers who have
stopped serving in regular armed force;
dd) Female citizens being defense officials who are transferred
from resigned non-commissioned officers/enlisted soldiers;
e) Core militiamen who have completed militia service with
at least 12 months served as a standing militiaman or have finished the
concentrated training in 3 months or more;
g) Citizens being grade 2 reserve enlisted soldiers who
have finished the concentrated training in 6 months or more;
h) Citizens who have completed service in Police
departments of communes for at least 36 constant months.
3. Grade 2 reserve enlisted soldiers:
a) Male citizens being mobilized enlisted soldiers after
less than 06 months serving in regular armed force;
b) Defense officials other than those specified in point dd
clause 2 of this Article 2 who have resigned;
c) Male citizens having stopped the service in People’s
Army after less than 12 months serving there;
d) Male citizens older than the age subject to military
recruitment who have not performed military service in regular armed force and
joined People’s Army;
dd) Female citizens who have registered for military
service as prescribed in clause 2 Article 12 of this Law.
Article 25. Service age of reserve
non-commissioned officers and enlisted soldiers
Service age of reserve non-commissioned officers and
enlisted soldiers:
1. Male citizens under 46 years old;
2. Female citizens under 41 years old.
Article 26. Groups of service age of
reserve non-commissioned officers and enlisted soldiers
1. Groups of service age of reserve non-commissioned
officers and enlisted soldiers:
1. Group A: Male citizens under 36 years old, female
citizens under 31 years old;
2. Group B: Male citizens from 36 to under 46 years old,
female citizens from 31 to under 41 years old.
Article 27.Training, practice,
examination on the readiness for mobilization or fighting of reserve non-commissioned
officers/enlisted soldiers
1. Regarding grade 1 reserve non-commissioned
officers/enlisted soldiers:
a) Grade 1 reserve non-commissioned officers/enlisted
soldiers shall participate in training, practice and examination on the
readiness for mobilization/fighting in mobilized reserve force for not more
than 12 months;
b) Annually. the Prime Minister shall decide the quantity
of grade 1 non-commissioned officers/enlisted soldiers subject to concentrated
training/practice/examination on the readiness for mobilization/fighting;
c) Pursuant to the decision of the Prime Minister, the
Minister of National Defense shall assign the tasks for the army units;
regulate the amount of training and its duration. During the training,
non-commissioned officers/enlisted soldiers may be gathered for examination on
the readiness for mobilization/fighting for not more than 07 days; if
necessary, non-commissioned officers/enlisted soldiers shall received extra
training for not exceeding 02 months and within the duration specified in point
a clause 1 of this Article.
2. The training for grade 2 reserve enlisted soldier shall
conform to the regulations of the Government.
Article 28. Medical examination for
reserve non-commissioned officers/enlisted soldiers
1. Reserve non-commissioned officers/enlisted soldiers who
have been included in mobilized reserve units shall undergo medical
examinations before the concentrated training/practice.
2. People’s Committees of districts shall direct the Office
of health to cooperate with relevant agencies in organizing medical examination
for reserve non-commissioned officers/enlisted soldiers.
Article 29. Removal from the reserve
force
Any reserve non-commissioned officers/enlisted soldiers
older than the age subject to reserve service or has health conditions
unconformable to serve in reserve force shall be removed from the force
according to the Military Commander of districts.
Chapter IV
ENLISTMENT AND
DEMOBILIZATION IN PEACETIME
Section 1: CONSCRIPTION
Article 30. Age subject to conscription
Citizens turning to 18 years old shall be conscripted into
the army. Age subject to conscription is from 18 to under 26 years old. A
citizen who enters university or college and postpones the conscription shall
be subject to conscription until he/she turns to 28 years old.
Article 31. Requirements for
conscription and service in People’s Army force
1. A citizen shall be conscripted into the army if he/she
satisfies the following conditions:
a) Have conformable profile;
b) Strictly comply with the lines and policies of Communist
Party, policies and laws of the State;
c) Have full health for service on active duty according to
the regulations;
d) Have appropriate education level.
2. Requirements for service in People’s Army force are
specified in Article 7 of the Law on People’s Army.
Article 32. Recognition of active duty
enlisted soldiers
Any citizen turning to 17 years old and wishing to
permanently serve in People’s Army who satisfies the requirements prescribed in
the laws and is studying in a military academy shall be recognized active duty
enlisted soldiers.
Article 33. Time of conscription and
performance of military service in the People’s Police force
Annually, citizens shall be conscripted and requested to
perform military service in People’s Army or People’s Police in February or
March; in case of necessity for defense purposes, the conscription shall be
carried out the second time. Regarding areas with disaster or dangerous
epidemic, time for conscription and service in People’s Army or People’s Police
shall be adjusted.
Article 34. Competence in decision on
request for conscription and service in People’s Army force
1. The Prime Minister shall decide the time and quantity of
citizens subject to conscription and service in People’s Army or People’s
Police in provinces; give decision on request for the second request for
conscription and service in People’s Army or People’s Police; give decision on
adjustment of quantity and time of request for conscription and service in
People’s Army in provinces according to the regulations in Article 33 of this
Law.
2. Pursuant to the decision of the Prime Minister, the
Minister of National Defense and the Minister of Public Security shall give
decisions on the quantity of citizens subject to conscriptions and service in
People’s Army or People’s Police assigned to each affiliated unit in each
province.
3. Presidents of the People’s Committees of provinces shall
give decision on assignment of enlisted soldiers to districts.
4. The Commanders of military agencies in
provinces/districts, Director of Police department of provinces, Head of police
department of the districts shall be responsible for consulting the President
of the People’s Committees of the same level on the quantity of citizens who
are enlisted for service in People’s Army or People’s Police; direct the
selection of citizens for enlisting and performing service in People’s Army or
People’s Police.
5. Presidents of People’s Committees of districts shall
make decision on assignment of citizens who shall be enlisted for service in
People’s Army or People’s Police in communes and local organizations; give
decision on lists of citizens subject to conscription and service in People’s
Army or People’s Police at the request of Board of military service at the same
level.
6. The Commander of Military of districts shall send a
call-up paper to each citizen requesting them to join the army; head of Police
departments of districts shall send a call-up paper to each citizen requesting
them to perform the service in People’s Army. The conscription and call-up for
service in People’s Army shall be sent to the citizens at least 15 days before
the time prescribed in the order.
Article 35. Responsibilities of
agencies, organizations, and individuals in the selection and order for
conscription and service in People’s Army or People’s Police
1. People’s Committees at all levels, regulatory agencies
shall be responsible for the selection and request for conscription and
performance of service in People’s Army or People’s Police, ensuring the
democracy, justice, transparency and the conformity of quantity, objects,
conditions and time with the law provisions; ensuring that citizens called up
for military service and service in People’s Army/People’s Police attend at
right time and right place.
2. People’s Committees of districts shall transferred the
citizens subject to conscription and service in People’s Army or People’s
Police to the agencies in charge of accepting enlisted people and direct the
organization of soldier accepting ceremony according to the regulations.
3. People’s Committees of communes and relevant
agencies/organizations shall publish at their head offices the quantity,
entities and conditions for conscription; list of citizens liable for call-up
and service in People’s Army; list of citizens receiving orders for enlistment
for service in People’s Army or People’s Police; list of citizens getting their
military service postponed or exempted.
4. Agencies in charge of accepting enlisted people shall
cooperate with People’s Committees at all levels in carrying out the selection
and call-up and performance of service in People’s Army or People’s Police.
5. Any citizen who has received order for conscription and
performance of service in People’s Army or People’s Police shall attend at the
time and place written in the order; any absence shall has good and sufficient
reason and shall be approved by People’s Committee of commune where he/she
lives or by the offices or institutions where he/she is working/studying and shall
be reported to the Military Commander of districts/ Head of Police department
of the district.
Article 36. Military Service Board
1. People’s Committees at all levels shall establish a
Military Service Board to assist the People’s Committee at the same level to
implement the law provisions on military service.
2. A Military Service Board shall include:
a) Regarding Military Service Boards of
provinces/districts:
The President of Military Service Board shall be President
of the People’s Committee of province/district;
The Standing Vice President of Military Service Board shall
be the Commander of military agencies of provinces/districts;
The Vice President of Military Service Board shall be
Director of Police Department of province/Head of Police department of
district;
Members of the Military Service Board shall be heads of
Committee of Vietnamese Fatherland Front, Vietnamese Confederation of Labor,
Communist Youth Union of Ho Chi Minh City, Vietnam Women's Union, Vietnam
Farmer’s Union, Vietnam War Veteran Union and a number of specialized agencies
affiliated to People’s Committee decided the President of People’s Committee at
the same level;
b) Regarding Military Service Boards of communes:
The President of Military Service Board shall be President
of the People’s Committee of commune;
The Standing Vice President of Military Service Board shall
be the Military Commander of commune;
The Vice President of the Military Service Board shall be
Head of Police department of commune;
Members of the Military Service Board shall be heads of
Committee of Vietnamese Fatherland Front, Vietnamese Confederation of Labor,
Communist Youth Union of Ho Chi Minh City, Vietnam Women's Union, Vietnam
Farmer’s Union, Vietnam War Veteran Union, Healthcare organizations; justice –
civil status officials, financial – accounting officials and others as
prescribed by the President of People’s Committee.
3. The Military Service Board shall be operated on the
principle of collectives; take responsibilities to People’s Committee of the
same level for the performance of military service in local area; any
Resolution of the Board shall be approved by more than a half of its members to
come into effect.
Article 37. Responsibilities of
Military Service Board of provinces
1. Assist People's Committees of provinces to monitor and
expedite relevant organizations/agencies to organize the registration for
military service and management of citizens subject to military service;
prepare the military service in regulatory armed force, formulate plans on
selection and order for conscription and service in People’s Army or People’s
Police; provide training for reserve non-commissioned officers/enlisted
soldiers and comply with the policies for non-commissioned officers/enlisted
soldiers; steer and provide guidance for the operation of Military Service
Boards of districts.
2. Assist Presidents of the People’s Committees of
provinces to consider and decide the complaints and denunciations from citizens
in the implementation of the law provisions on military service.
Article 38. Responsibilities of
Military Service Board of districts
1. Assist People’s Committees of districts to carry out the
selection of citizens for enlistment and performance of service in People’s
Army or People’s Police; steer People’s Committees of communes to organize the
implementation of law provisions on military service and direct the operation
of Military Service Boards of communes.
2. Report to People’s Committees of districts the decision
on list of citizens who are conscripted or have the military service postponed
or exempted.
3. Assist People’s Committees of districts to organize the
transfer of the citizens who are conscripted and perform service in People’s
Army; organize the accepting of demobilized non-commissioned officers/enlisted
soldiers.
4. Assist People’s Committees of districts to supervise and
direct relevant agencies/organizations in the implementation of policies for
the rear and manage the citizens subject to military service in local areas.
5. Assist Presidents of the People’s Committees of
districts to consider and decide the complaints and denunciations in the
implementation of the law provisions on military service.
Article 39. Responsibilities of
Military Service Board of communes:
1. Assist People’s Committees of communes to propagate and
disseminate the law provisions on military service; organize the military
service registration and pre-enlistment medical check-up.
2. Report to People’s Committees of communes and Military
Service Boards of districts the list of citizens who are conscripted or have
the military service postponed or exempted.
3. Facilitate the compliance with the order for enlistment
and performance of service in People’s Army or People’s Police; order for
concentrated training, practice, order for examination on the readiness for
mobilization/fighting.
4. Assist People’s Committees of communes to supervise and
direct relevant agencies/organizations in the implementation of policies for
the rear and manage the citizens subject to military service in local areas.
5. Assist Presidents of the People’s Committees of communes
to consider and decide the complaints and denunciations in the implementation
of the law provisions on military service.
Article 40. Pre-enlistment medical
check-up for citizens
1. Presidents of People’s Committees of districts shall
issue the decision on establishment of Pre-enlistment check-up board at the
request of Offices of Health of the same levels.
2. The Military Commander of district is in charge of
issuing order for medical examination for citizens subject to conscription;
Head of Police department of the district is in charge of issuing order for
medical examination for citizens subject to service in People’s Army. The order
for medical examination shall be sent to the citizens at least 15 days before
the date of examination.
3. The Pre-enlistment check-up board of districts shall
provide medical examination for citizens subject to enlistment and service in
People’s Army; in case of necessity, the Pre-enlistment check-up board of
districts shall decide the subclinical examination, including examination for
drugs, HIV; ensuring the accuracy and taking responsibilities for the result of
pre-enlistment check-up.
4. The pre-enlistment check-up shall be conducted from
November 01st to December 31st of every year. Time of the
second pre-enlistment check-up shall be according to the regulations in Article
33 of this Law and decided by the Prime Minister.
5. The results of medical examination shall be posted at
the head office of People’s Committees of communes and relevant
organizations/agencies within 20 days.
Section 2: POSTPONEMENT AND EXEMPTION
FROM CONSCRIPTION
Section 41: Postponement and exemption
from conscription
1. These following citizens shall have conscription postponed:
a) Any citizen whose health is unsatisfactory for active
duty military service according to the conclusion of pre-enlistment check-up
board;
b) Any citizen being the sole earner who directly takes
care of his/her relative who lost working capacity or under working age; any
citizen being the sole earner in a family suffering serious damage to humans
and properties due to dangerous accidents, disasters, epidemics certified by
People’s Committees of communes;
c) Any citizen who is a child of sick soldiers, people
infected with dioxin and suffering labor capacity reduction from 61% to 80%;
d) Any citizen whose full brother/sister is a
non-commissioned officer/active duty enlisted soldier or a non-commissioned
officer/enlisted soldier performing service in People’s Army;
dd) Any citizen who is subject to emigration or evacuation
in 03 first years to extremely disadvantaged communes according to the
socio-economic development project of the State that is decided by People’s
Committees of provinces or higher levels;
e) Any citizen who is official or youth volunteer assigned
to extremely disadvantage socio-economic area according to the law provisions;
g) Any citizen who is studying at compulsory education
institutions or receiving training of university level at higher education
institutions or training of college level at vocational education institutions
for a training course of a level.
2. These following citizens shall have conscription
exempted:
a) Any citizen who is a child of revolutionary martyrs or
grade 1 wounded soldiers;
b) Any citizen who is a brother of revolutionary martyrs;
c) Any 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) Any citizen carrying out essential tasks who is not a
soldier or a People’s Army;
dd) Any citizen who is official or youth volunteer assigned
to extremely disadvantaged socio-economic area according to the law provisions
for 24 months or more;
3. Citizens eligible for postponement of conscription
prescribed in clause 1 of this Article shall be called up for military service
if the reason for postponement is no longer available.
Citizens eligible for postponement or exemption from
conscription prescribed in clauses 1 and 2 of this Article who volunteer to
join the army shall be consider selecting and calling up.
4. Lists of citizens eligible for postponement or exemption
from conscription shall be posted publicly at head offices of People’s
Committees of communes and/or relevant organizations/agencies for 20 days.
Section 42: Competence in giving
decisions on postponement and exemption from conscription and recognition for
completion of active duty military service
1. Presidents of People’s Committees of districts are in
charge of giving decision on postponement/exemption from conscription for
citizens specified in Article 41 of this Law.
2. The Military Commanders of districts are in charge of
giving decision on postponement/exemption from conscription for citizens
specified in clause 4 Article 4 of this Law.
Section 3: DEMOBILIZATION
Article 43. Conditions for
demobilization
1. Any non-commissioned officers/enlisted soldiers who has
performed the active duty military for the period of time specified in clauses
1 and 2 Article 21 of this Law shall be demobilized.
2. A non-commissioned officer/enlisted soldier may be
demobilized before the regular date of demobilization in case the Medical
Examination Council concludes that he/she does not have satisfactory health for
continuing the active duty service or the cases specified in points b and c
clause 1; points a, b and c clause 2 Article 41 of this Law.
Article 44. Competence and
responsibilities for giving decision on demobilization
1. The Minister of National Defense is in charge of issuing
annual decisions on demobilization for active duty non-commissioned
officers/enlisted soldiers.
2. Commanders of regiment levels and higher are responsible
for giving decision on demobilization for inferior non-commissioned
officers/enlisted soldiers; organizing demobilization ceremonies for
non-commissioned officers/enlisted soldiers who have finished military service
in regular armed force and return them to People’s Committees of districts.
3. Time of demobilization shall be notified to
non-commissioned officers/enlisted soldiers and the People’s Committees of
districts assigning the soldiers or the offices/schools where such
non-commissioned officers/enlisted soldiers have worked/studied before
enlisting into the armed forces at least 30 days before the time of
demobilization.
4. People’s Committees of districts/communes and
relevant organizations shall organize the receipt of demobilized
non-commissioned officers/enlisted soldiers.
Article 45: Responsibilities of
non-commissioned officers/enlisted soldiers
Demobilized non-commissioned officers/enlisted soldiers;
non-commissioned officers/soldiers having completed the service in People’s
Army who come back to their offices/schools shall register for military service
in reserve forces within 15 working days.
Chapter V
ENLISTMENT ACCORDING TO THE
MOBILIZATION, DEMOBILIZATION AT THE CANCELATION OF WAR CONDITIONS OR EMERGENCY
CONDITIONS OF NATIONAL DEFENSE
Article 46. Call-up according to order
for mobilization
When the order for general mobilization/local mobilization
is issued, the call-up shall be performed according to the decision of the
Prime Minister and the order of the Minister of National Defense.
Article 47. Responsibilities of
agencies, organizations and individuals in the fulfillment of mobilization
order
1. When the order for general mobilization/local
mobilization is issued, the Minister of National Defense shall issue an order
for suspension of demobilization/leave applicable non-commissioned
officers/enlisted soldiers; any non-commissioned officers/enlisted soldiers who
are on leave shall come back to his/her military unit.
2. The Military Commander of districts shall issue order
for calling up the citizens according to the decision of the President of the
People’s Committee at the same level.
3. Citizens receiving the call-up shall attend at the time
and place written in the order.
4. People’s Committees of communes and relevant
organizations shall facilitate the strict compliance with the call-up.
Article 48. Demobilization at the
cancelation of war conditions or emergency conditions of national defense
1. When the cancelation of orders for general
mobilization/local mobilization is issued, the Prime Minister shall give
decision on the demobilization of non-commissioned officers/enlisted soldiers.
2. Competence and responsibilities for the demobilization
of non-commissioned officers/enlisted soldiers shall conform to the regulations
in Article 44 of this Law.
Chapter VI
POLICIES AND FUNDING FOR
PERFORMANCE OF MILITARY SERVICE
Article 49. Policies for citizens
during the time of registration for military service, medical examination
1. Any citizen who is working at an office/organization
shall have salary and allowances unchanged during the registration for military
service or pre-enlistment medical check-up.
2. Any citizen who register for military service or undergo
pre-enlistment medical check-up shall be ensured food and accommodation during
the registration/check-up and the travel expenses.
3. The Government shall provide details and guidance on
this Article.
Article 50. Policies for active duty
non-commissioned officers/enlisted soldiers, demobilized non-commissioned
officers/enlisted soldiers and their family
1. Regarding non-commissioned officers/enlisted soldiers
during service in regular armed forces:
a) Provided promptly and sufficiently with conformable
food, military equipment, medicine; provided with accommodation, monthly
allowances, necessaries and cultural and spiritual needs according to
characteristic and tasks of service; provided with incentives in holidays;
provided with medical care according to the laws;
b) From the 13th month, active duty
non-commissioned officers/enlisted soldiers may apply for leave under the
regime; other irregular absence shall be regulated by the Minister of National
Defense;
c) From the 25th month, active duty
non-commissioned officers/enlisted soldiers may receive 250% of current monthly
rank allowances;
d) Counted as a member of family when his/her family is
allocated or adjusted an area of housing, residential land and/or farmland;
dd) Having the time duration on active duty included in
working period of time;
e) Provided with preferential postage;
g) Provided with awards for good performance in combat,
service or practice according to the law provisions;
h) Any active duty non-commissioned officers/enlisted
soldiers who is injured or ill during the duty shall receive preferential
regime according to the law provisions;
i) Covered by social insurance and medical insurance
according to the Law on social insurance and the Law on medical insurance;
k) Any active duty non-commissioned officers/enlisted
soldiers being members of disadvantaged households or students that receives
loans from Vietnam Bank for Social Policies shall received a postponement of
payment without interest according to the law provisions;
l) Provided with incentives in military enrollment.
2. Regarding relatives of active duty non-commissioned
officers/enlisted soldiers:
a) Parents; parents in law; legal fosterers; wife or
husband; children, legal adopted children of active duty non-commissioned
officers/enlisted soldiers may have the benefits of medical insurance
policyholders according to the regulations in the Law on medical insurance and
have the difficulty subsidies funded from the state budget;
b) Children, legal adopted children of active duty
non-commissioned officers/enlisted soldiers may get exemption from tuition fee
when learning at public or non-public compulsory education institutions
according to the law provisions on tuition fee exemption;
c) Regarding active duty non-commissioned officers/enlisted
soldiers who die when carrying out their duty, their family may be provided
with incentives according to the law provisions.
3. Regarding demobilized non-commissioned
officers/soldiers:
a) Provided with fares and allowances for travel,
demobilization allowance;
b) People who were studying at schools affiliated to
vocational education institutions or higher education institutions before
enlistment shall have the study results reserved and may continue their study
at such schools;
c) Having preference when finding jobs;
d) Before the enlistment, if a person was working at a
regulatory agency, political organization or a socio-political organization,
then when he/she is demobilized, such agency/organization shall arrange him/her
the job with earnings not lower than those of the one before they enlisted; if
such agency/organization has been dissolved, the direct superior shall arrange
appropriate job for him/her;
dd) Before the enlistment, if a person was working at an
economic organization, then when he/she is demobilized, such organization shall
arrange him/her the job with earnings not lower than those of the one before
they enlisted; if such organization has been shutdown, dissolved or bankrupt,
such person shall be handled according to the policies applicable to other
employees;
e) Having benefits from social insurance according to the
provisions of Law on social insurance;
g) Non-commissioned officers/enlisted soldiers that are
demobilized according to the regulations in clause 1 Article 43 and clause 1
Article 48 of this Law who come back to their local areas shall get preferences
in finding jobs and enrollment and recruitment of officials and civil servants;
such people shall get 100% of salary and allowances of the recruitment rank in
proportion to their training level.
4. The Government shall provide details and guidance for
this Article.
Article 51. Policies for reserve
non-commissioned officers/enlisted soldiers
If a reserve non-commissioned officer/enlisted soldier is
ready for mobilization/fighting during the concentrated training/practicing,
himself/herself and his/her family shall get incentives according to the
regulations of the Government.
Regarding active duty non-commissioned officers/enlisted
soldiers who are injured, ill or die when carrying out their duty, they
themselves and their family may be provided with incentives according to the law
provisions.
Article 52. Responsibilities of
relevant agencies/organizations in the implementation of policies for families
of non-commissioned officers/enlisted soldiers
People’s Committees at all levels and relevant
agencies/organizations within their functions and power shall implement the
policies applicable to families active duty non-commissioned officers/enlisted
soldiers and reserve non-commissioned officers/enlisted soldiers/
Article 53. Fundings for assurance of
performance of military service
1. The state budget shall cover the expenditure of
performance of military service of Ministries and central agencies.
2. The local budget shall cover the expenditure of
performance of military service of local agencies, organizations and units.
3. Expenditure of performance of military service of other
enterprises/organizations shall be paid by such enterprises/organizations
themselves.
4. The Government shall provide details and guidance for
this Article.
Chapter VII
RESPONSIBILITIES AND POWER
OF RELEVANT AGENCIES/ORGANIZATIONS
Article 54. State management agencies
in charge of military service
1. The Government shall be responsible for the constancy in
management of military service nationwide.
2. The Ministry of National Defense shall assist the
Government to carry out the management of military service.
3. Ministries, ministerial-level agencies shall cooperate
with the Ministry of National Defense to carry out the management of military
service within their competence.
Article 55. Responsibilities of the
Ministry of National Defense
1. Promulgate or request a competent authority to
promulgate the legislative documents on military service.
2. Comply with the legislative documents on military
service.
3. Carry out propagation, dissemination and conduct training
in regulations on military service.
4. Conduct inspections, provide award, handle commit
violations; handle complaints and denunciation in terms of military service
according to the law provisions.
5. Reckon up the implementation of laws on military service.
Article 56. Responsibilities and power
of Ministries, ministerial-level agencies
1. The Ministry of Public Security shall direct local
Police departments to cooperate with the army agencies at the same levels in
the implementation of the law provisions on military service.
2. The Ministry of Health shall direct local medical
agencies to cooperate with the army agencies at the same levels in providing
pre-enlistment check-up, preside over and cooperate with the Ministry of
National Defense to provide standards of health eligible for performing
military service.
3. The Ministry of Education and Training shall preside
over and cooperate with the Ministry of National Defense to direct and guide
the educational institutions to comply with the law provisions on military
service and provide training for officials and technical specialized staff of
the army force according to the decision of the Prime Minister.
4. The Ministry of Labor, War Invalids and Social Affairs
shall be responsible for implementing the policies on the rear for families of
non-commissioned officers/enlisted soldiers; policies on vocational training,
careers for non-demobilized commissioned officers/enlisted soldiers; direct and
guide the affiliated vocational education institutions to provide the training
for officials and technical specialized staff of the army force according to
the decision of the Prime Minister.
5. the Ministry of Information and Communications shall
direct the public information agencies to propagate and disseminate the
regulations on military service according to the law provisions.
6. Ministries, ministerial-level agencies and relevant
agencies/organizations within their tasks and power shall cooperate with the
Ministry of National Defense in implementing the law provisions on military
service.
Article 57. Responsibilities of
Vietnamese Fatherland Front and the member organizations
Vietnamese Fatherland Front and its member organizations
within their tasks and power shall supervise the implementation of the law
provisions on military service of agencies, organizations, and individuals.
Article 58. Responsibilities and power
of People’s Committees at all levels
1. Direct the implementation of law provisions on military
service in local areas.
2. Organize the registration and management of citizen at
the age subject to military recruitment.
3. Take responsibilities for the quantity and quality of
citizens who are enlisted, citizens performing the military service in People's
Police and citizens serving in reserve force of People’s Army.
4. Within their tasks and power, conduct inspections of the
implementation of the laws on military service in local areas.
Chapter VIII
HANDLING OF VIOLATIONS
Article 59. Handling of violations
1. Any organizations/individuals that evades, opposes or
obstructs the performance of military service shall be disciplined, incur
administrative penalties or shall face criminal prosecution according to nature
and severity of the violations.
2. If an active duty non-commissioned officer/enlisted soldier
commits violations against the discipline or law provisions during the
training/practice/examination on the readiness for mobilization/fighting, then
he/she shall incur disciplinary measures, administrative penalties or criminal
prosecution according to nature and severity of the violations; any damage
shall be compensated according to the law provisions.
Article 60. Disciplinary measures
applicable to non-commissioned officers/enlisted soldiers
1. Disciplinary measures applicable to non-commissioned officers/enlisted
soldiers:
a) Reprimand;
b) Warning;
c) Demotion;
d) Dismissal;
dd) Military rank demotion;
e) Revocation of military honor.
2. the Minister of National Defense is responsible for
regulating the application of disciplinary measures, time limit, procedures and
competence in disciplinary penalties applicable to non-commissioned
officers/enlisted soldiers.
Chapter IX
IMPLEMENTARY CLAUSE
Article 61. Effect
1. This Law comes into effect from January 01st,
2016.
2. Law on military service dated December 30th,
1981; Law on amendments to a number of articles of the Law on military service
dated December 21st, 2990; Law on amendments to a number of articles
of Law on military service dated June 22nd, 1994 and Law on
amendments to a number of articles of Law on military service No. 43/2005/QH11
dated June 14th, 2005 shall be annulled by the effect of this Law.
Article 62. Implementation guidance
The Government and the Ministries shall detail and guide
the implementation of this Law.
This Law was ratified on June 19th, 2015, by
the XIIIth National Assembly at its 9th session.
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Sinh Hung |
Ý KIẾN