Military service is a sacred duty of every citizen. Accordingly, citizens who are subject to compulsory military service but intend to avoid the service will be sanctioned. So about the matter “What is wrong with evading military service in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 98/2020/ND-CP
- Penal Code 2015 amended and supplemented in 2017
What are the mandatory conditions for military service?
According to the provisions of Chapter IV of the Law on Military Service 2015, the conditions for calling for military service and the criteria for military recruitment are also guided by Article 4 of Circular 148/2018/TT-BQP as follows:
“Article 4. Recruitment criteria
1. Age:
a) Citizens from full 18 years old to the end of 25 years old.
b) Male citizens who have been trained at college or university level and have been suspended from calling for military service during a training course of one training level, shall be recruited and called up to enlist until the end of 27 years of age.
2. Political standards:
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 stipulating political criteria for recruiting citizens to serve in the Vietnam People’s Army.
b) For agencies, units and important positions in the Army; the army of soldiers, rituals; The professional Guard and Military Control force shall conduct the selection according to the regulations of the Ministry of National Defense.
3. Health standards:
a) Selection of citizens with health grade 1, 2, 3 according to the provisions of Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – Minister of Health The National Defense stipulates the medical examination for the performance of military service.
b) For agencies, units and positions specified at Point b, Clause 2 of this Article, selection shall be carried out to ensure that they meet their own criteria according to regulations of the Ministry of National Defense.
c) Do not call for enlistment into the Army for citizens who have type 3 refractive errors in their eyes (nearsightedness of 1.5 diopters or more, farsightedness of various degrees); drug addiction, HIV infection, AIDS.
4. Cultural standards:
a) Recruit and call up citizens with a grade 8 or higher level of education, from high to low. The difficult localities that do not meet the quota for military assignment shall report to the competent authorities for consideration and decision to select the number of citizens with 7th grade education.
b) Communes in deep-lying, remote areas and areas with extremely difficult socio-economic conditions as prescribed by law; Ethnic minorities with less than 10,000 people may recruit no more than 25% of citizens with primary school education, the rest are lower secondary school or higher.
Thus, in order to be eligible for military service, citizens must fully meet the above conditions, except for cases of being exempted from service, including:
– Age: Full 18 years old to the end of 25 years old; If you have a college or university degree, the age to call for enlistment is from 18 to 27 years old.
– Have a clear background.
– Strictly abide by the lines and guidelines of the Party, policies and laws of the State.
– Being healthy enough to serve in the army according to the provisions of Joint Circular No. 16/2016/TT-BYT-BQP: Having health class 1, class 2 and class 3, citizens with myopia of 1.5 diopters or more , presbyopia degrees, drug addiction, HIV, AIDS will not be called up for military service.
– Having a cultural level from grade 8 or higher, taken from high to low. If the provinces have difficulties and do not meet the quota for sending troops, they can consider taking citizens with qualifications from grade 7.
Particularly for communes in remote and extremely difficult areas, no more than 25% of citizens are allowed to have primary school education, the rest are junior high school or higher.
Cases of exemption from obligations
– Children of first-class martyrs or wounded soldiers.
– A brother/a younger brother of the martyr.
– A child of a second-class wounded soldier or a sick soldier or a person infected with Agent Orange whose working capacity is reduced by 81% or more.
– Persons doing cipher work are not soldiers or police officers.
– Cadres, civil servants, public employees, and young volunteers are assigned to work in extremely difficult areas for 24 months or more.
What is wrong with evading military service in Vietnam?
The 2022 army recruitment season has started around the end of November 2021 and in February 2022, localities will simultaneously hold a ceremony to hand over and receive troops. Many young men officially enlist in the army, but there are also those who find ways to avoid this obligation.
The administrative sanction levels for those who evade military service in 2022 are as follows:
Pursuant to Articles 4, 5, 6 and 7 of Decree 120/2013/ND-CP, those who fail to perform their military service will be administratively fined:
– A fine of from VND 800,000 to VND 1.2 million: Failure to show up at the time or place for medical examination and examination stated in the call card without a valid reason.
– A fine of between VND 1.5 million and VND 2.5 million if: Failure to show up at the time or place of concentration stated in the summons to the army without a valid reason.
In addition to being fined, the person who commits one of the above acts must also take the remedial measure of being forced to comply with the order to enlist.
– Fine from 02 million VND – 04 million VND:
+ Cheating to falsify his health classification results in order to avoid military service
+ Giving money or other material benefits to medical officials and employees to falsify the results of health classification.
Thus, if “evading” military service, citizens will be fined up to 04 million VND for administrative violations.
Is evasion of military service subject to criminal prosecution?
In addition to administrative fines, those who evade military service may be subject to criminal liability.
Specifically, according to Article 332 of the 2015 Penal Code, those who do not comply with military service registration, enlistment orders, call for concentration training, have been administratively sanctioned for this act or have committed an administrative violation. Those convicted of the crime of evading military service, not yet having their criminal records cleared but still committing them, shall be sanctioned as follows:
“Article 332. Crime of evading military service
1. 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 been 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.
2. Committing the crime in one of the following circumstances, the offenders shall be 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, according to the above provisions, if you do not comply with the order to enlist, you will be administratively sanctioned but continue to violate, you will be examined for penal liability for evading military service and may be severely fined maximum imprisonment of up to 5 years.
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Frequently asked questions
Pursuant to Articles 4 and 14 of the 2015 Law on Military Service, subjects who are exempt from military service registration or call for military service in case they are married or have small children are not eligible for exemption from registration or exemption. call for military service. Therefore, the reason of being married and having children is not considered a condition to apply for an exemption from calling up the army under the provisions of the Law on Military Service.
According to Article 332 of the 2015 Penal Code, those who fail to comply with the military service registration, enlistment order, or call for concentration training, have been administratively sanctioned for this act or have been sentenced to prison. for the crime of evading military service, having not yet been expunged, but still committing it, shall be subject to:
Non-custodial reform for up to 2 years; or
Imprisonment from 3 months to 2 years.
In particular, if there are more aggravating circumstances such as: Self-injury or harm to one’s health; Committing the crime in wartime or inciting others to commit the crime, the prison term is from 1 to 5 years.
(1) Not healthy enough to serve in the army according to the conclusion of the Medical Examination Council;
(2) Being the only employee who has to directly take care of relatives who are no longer able to work or have not yet reached working age; in the family suffers heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the commune-level People’s Committees;
(3) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%;
(4) 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;
(5) Persons who are subject to emigration or relocation in 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;
(6) Cadres, civil servants, public employees and young volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law;
(7) 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.
(8) Standing militia.
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