Can a pregnant wife postpone her military service according to Vietnamese law?
“Hello, Lawyer. I am 22 years old this year and have received a call for military service. I wonder if my pregnant wife can postpone her military service. Will I be fined or not? And when is the time for the citizen’s medical examination?“. Thank you for sending us your question. For more clarification on this, today, LSX Lawfirm will give you an article about “Can a pregnant wife postpone her military service according to Vietnamese law?“, as follows:
Legal grounds
- Circular 148/2018/TT-BQP
- Law on Military Service 2015
- Decree 120/2013/ND-CP
Can a pregnant wife defer military service?
Article 5 of Circular 148/2018/TT-BQP provides for the postponement or exemption of conscription in the following cases:
“Article 5. Postponement of enlistment and exemption from enlistment
The postponement and exemption of conscription in peacetime shall comply with the provisions of Article 41 of the 2015 Law on Military Service, as follows:
- Postponing military service calls for the following citizens:
a) Not healthy enough to serve in the army according to the conclusion of the Health Examination Council.
b) Being the only employee who must directly take care of relatives who are no longer able to work or have not yet reached working age; family members suffering the heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the People’s Committees of communes, wards, and townships (hereinafter referred to as commune level).
c) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%.
In addition
d) Having a brother, sister, or younger brother who is a non-commissioned officer or soldier currently serving in the army; non-commissioned officers and soldiers performing the obligation to join the People’s Police.
dd) Persons who are subject to emigration or relocation for the first 3 years to communes with special difficulties under the State’s socio-economic development projects decided by the People’s Committees of provinces or higher.
e) Cadres, civil servants, public employees, and youth volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law.
g) Currently studying at a general education institution; are being trained at the university level of the regular system of the higher education institution, the college level of the regular system of the vocational education institution during a training course of a training degree.
- Citizens subject to temporary postponement of enlistment specified in Clause 1 of this Article, if there is no longer any reason for the postponement, may called up for military service.
Citizens who are subject to temporary postponement of enlistment or exempt from conscription specified in Clauses 1 and 2 of this Article, if volunteering, shall considered for selection and conscription.”
Thus, according to the law, the pregnant wife is not in the case of postponement of enlistment. So if you have a call-up for military service, you will still have to do it.
When is the health check-up of citizens who enlist in the army?
Pursuant to Clause 4, Article 40 of the 2015 Law on Military Service stipulates:
“Article 40. Health examination for citizens calling for military service and performing the obligation to join the People’s Police
…
- The period of medical examination is from November 1 to the end of December 31 every year. The time for medical examination to call citizens to enlist and perform the obligation to join the People’s Police for the second time according to the provisions of Article 33 of this Law shall decided by the Prime Minister.”
Besides, Article 33 of the Law on Military Service 2015 stipulates:
“Article 33. Number and time of calling citizens to enlist and perform the obligation to join the People’s Police in a year
Every year, call citizens to join the army and perform the obligation to join the People’s Police once in February or March; in case of necessity for reasons of national defense and security, they may call up citizens to enlist in the army and perform the obligation to join the People’s Police for the second time. For localities with disasters or dangerous epidemics, the time to call up the army and perform the obligation to join the People’s Police may adjusted.
Thus, the period of medical examination for military service is from November 1 to the end of December 31 every year. The period of medical examination calls citizens to military service and perform the obligation to join the People’s Police once in February or March.
If there is an order to enlist in the army, how much is the fine?
Pursuant to the provisions of Article 7 of Decree 120/2013/ND-CP violating regulations on military enlistment is as follows:
- A fine ranging from VND 30,000,000 to VND 40,000,000 shall imposed for failing to show up at the time or place of concentration stated in the enlistment order without a valid reason.
- A fine ranging from VND 40,000,000 to VND 50,000,000 shall imposed for fraudulent acts in order to evade the execution of the order to enlist after receiving the results of the medical examination for military service and to eligible for enlistment according to regulations. determined.
- A fine ranging from VND 50,000,000 to VND 75,000,000 shall imposed for failing to comply with the order to enlist, except for the cases specified in Clauses 1 and 2 of this Article.
- Remedial measures: Forcible performance of military service for those who commit acts of violation specified in Clauses 1, 2, and 3 of this Article.
Thus, failure to show up on time, at the right time, or at the gathering place stated in the enlistment order without a valid reason will result in a fine ranging from VND 30,000,000 to VND 40,000,000.
In addition, the remedial measure may force them to comply with the enlistment order for the act of not being at the enlistment location or being on time without a good reason.
Failure to comply with the order to enlist in the military will be subject to criminal prosecution
Pursuant to Article 332 of the 2015 Penal Code, the crime of evading military service is as follows:
- Those who fail to comply with the provisions of the law on military service registration, do not obey orders for enlistment, orders to concentrate on training, have administratively sanctioned for this act, or have committed an administrative violation. If convicted of this crime, not yet entitled to criminal record remission but continue to commit it, the offenders shall be subject to non-custodial reform for up to two years or a prison term of between three months and two years.
- Committing the crime in one of the following circumstances, the offenders shall sentenced to between 01 and 05 years of imprisonment.
a) Inflicting self-injury or causing harm to their health;
b) Committing the crime during wartime;
c) Inciting others to commit crimes.
Thus, in case of failure to comply with the order to enlist in the army, they may examined for penal liability when falling into one of the cases specified above.
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Related questions
Regulations on recruitment and call-up for qualified citizens; Grade 8 and above are taken from high to low. In difficult localities that do not meet the quota of troops assigned to them, they shall report to the competent authorities for consideration and decision on the selection of citizens; participate in military service with a grade 7 culture level Communes in deep-lying, remote areas and areas with extremely difficult socio-economic conditions; according to the provisions of law ethnic minorities under 10,000 people; no more than 25% of citizens with primary school education may be recruited. The remaining cases are from junior high school and above.
Citizens from full 18 years old to the end of 25 years old. Male citizens who have been trained at the college or university level who have been suspended from calling for military service during a training course of a training level may be recruited and called up to the end of 27 years of age
Article 21 of the Law on Military Service stipulates that the period of active service of non-commissioned officers and soldiers is 24 months. The Minister of National Defense may decide to extend the active service period of non-commissioned officers and soldiers, but not more than 06 months in case:
– Firstly, To serve the mission of being ready to fight;
– Secondly, Perform the tasks of natural disaster prevention and control, epidemic, rescue, and rescue.
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