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Currently, the legal system specifies the military service obligation, establishing a legal framework for annual conscription. The Military Service Law is the most comprehensive document on this matter. Follow Mytour for more insights.
The Latest Military Service Law and Key Insights You Should Know
1. The Latest Military Service Law.
2. Key Points of the Military Service Law.
2.1. Military Service Registration.
2.2. Duration of Military Service.
2.3. Military Service Standards.
2.4. Cases of Postponement or Exemption from Military Service.
2.5. Rights while Serving Military Duty.
* Abbreviation Directory:
- MSS: Military Service Obligation.
- CR: Criminal Responsibility.
The latest military service obligation law in effect is the 2015 Military Service Obligation Law.
The law consists of 62 articles, divided into 09 chapters as follows:
+ Chapter I. General provisions
+ Chapter II. Registration of military service obligations and management of citizens within the age range for military service obligations
+ Chapter III. Service of junior officers, soldiers on active duty, and junior officers, reserve soldiers
+ Chapter IV. Enlistment and discharge during peacetime
+ Chapter V. Enlistment under mobilization orders, discharge upon cessation of hostilities or emergency situations
+ Chapter VI. Regime, policies, and budgetary provisions for the implementation of military service obligations
+ Chapter VII. Duties, powers of agencies, organizations
+ Chapter VIII. Handling violations
+ Chapter IX. Provisions on enforcement
- The 2015 Military Service Obligation Law takes effect from January 01, 2016, replacing the 2005, 1981, 1990, 1994 Military Service Obligation Laws.
Scope of adjustment: Matters concerning military obligations; duties, powers of agencies, organizations, individuals and regimes, policies in implementing military obligations.
What are military obligations?
According to Article 4 of the 2015 Military Service Law, military obligations are the glorious duties of citizens to serve in the People's Army. Fulfilling military obligations includes serving in active duty or serving in the reserve force of the People's Army.
Participation in military obligations applies to citizens of sufficient age without distinction of ethnicity, social background, belief, religion, educational level, profession, or residence.
The necessity of enacting the military service law
Many wonder why there is a need to enact the military service law? In our view, enacting this law is absolutely essential to specify the rights and obligations of citizens reaching conscription age, facilitating easy monitoring and management of conscription activities. This will be the most basic legal framework regulating participation in military service obligations, protecting the nation.
2. Important provisions of the Military Service Law
2.1. Registration for military service obligations
* Eligible registration subjects for military service obligations include: Male citizens aged 17 and above; female citizens aged 18 and above within the age range for military service obligations with suitable professional fields required by the People's Army.
* Subjects not eligible for military service obligation registration include individuals falling into one of the following cases:
- Currently under investigation for criminal offenses; serving imprisonment, re-education without detention, probation, or have completed the prison sentence but the conviction has not been expunged;
- Undergoing educational measures at commune, ward, township level or placed in reformatory schools, compulsory education institutions, compulsory rehabilitation facilities;
- Deprived of the right to serve in the People's Armed Forces.
* Exempted subjects from military service obligation registration: Persons with disabilities, those suffering from serious illnesses, mental disorders, or chronic diseases.
2.2. How many years is military service obligation?
According to Article 21 of the 2015 Military Service Law, the duration of military service obligation in peacetime is 24 months. In some special cases, it can be extended for an additional 06 months (total of 30 months), specifically:
- To fulfill combat readiness missions;
- Engaged in disaster prevention, disease control, rescue, and relief missions.
During wartime or emergency situations, this period will be carried out according to general mobilization or local mobilization orders.
2.3. Criteria for military service obligation
Citizens meeting all the following criteria are called up for military service.
- Within the conscription age: Citizens aged 18 to 25, in cases of pursuing higher education degrees (college, university) with deferred conscription, the conscription age extends to 27.
- Have a clear personal background.
- Strictly adhere to the Party's principles, policies, and state laws.
- Being physically fit to serve according to regulations.
- Having appropriate educational qualifications.
Basic contents of the 2015 Military Service Law
2.4. Cases of deferment, exemption from military service obligations
* Cases eligible for temporary postponement of military service obligations:
- Not physically fit for military service;
- Being the sole breadwinner responsible for directly supporting family members who are unable to work or not of working age; in families severely affected by accidents, natural disasters, dangerous epidemics, with confirmation from the commune People's Committee.
- Child of a veteran, or individuals affected by Agent Orange/dioxin with a reduction in labor capacity from 61% to 80%;
- Having a sibling who is a non-commissioned officer, soldier currently serving in the military; non-commissioned officer, soldier fulfilling duties in the People's Police;
- Individuals classified as migrants, resettlers in the first 03 years to particularly difficult communes under the state's socioeconomic development project decided by provincial People's Committees or higher authorities;
- Officials, civil servants, youth volunteers deployed to work in extremely difficult areas;
- Currently attending high school; attending university, college at educational institutions within the duration of one training course of a certain educational level.
=> When there is no longer a reason for deferment, citizens will be called up for military service.
* Cases exempt from military service obligations:
- Children of martyrs, children of first-class wounded soldiers;
- A brother or a sister of a martyr;
- A child of a second-class wounded soldier; a child of a disabled person with a labor capacity reduction of 81% or more; a child of a person affected by Agent Orange with a labor capacity reduction of 81% or more;
- Individuals in essential positions who are not military personnel, People's Police;
- Officials, civil servants, youth volunteers deployed to work in extremely difficult areas for 24 months or more.
Note: Citizens who are not exempted or deferred from military service obligations and fail to comply with the military service health examination order will be penalized according to the law.
2.5. Rights during military service obligations
* During military service
- Ensuring provisions, food, uniforms, medication, accommodation, monthly allowances, necessities, cultural and spiritual needs; ensuring arrangements for holidays, caring for health in case of injury or illness.
- From the 13th month onwards, entitled to leave according to regulations.
- From the 25th month onwards, entitled to an additional 250% of the current rank allowance/month.
- Guaranteed social insurance, health insurance according to the provisions of the Social Insurance Law, Health Insurance Law.
.......
=>Family members of non-commissioned officers, soldiers on active duty are also entitled to benefits such as health insurance, hardship allowances; biological children, adopted children are exempted or receive reduced tuition fees,...
* Upon discharge
- Granted transportation allowance, travel allowance, discharge allowance;
- Provided with job creation support;
- Resolving social insurance entitlements;
- Accumulate points for recruitment of civil servants, officials, etc.
Although military service is compulsory, it is not absolute; there are cases exempt from military service, including deferment and exemption.
Above are some basic information about the Military Service Law that we present to readers. This serves as the basis for conducting activities related to recruitment and conscription annually. Specific regulations are provided in other decrees or circulars.
Readers can also refer to other legal documents in the Vietnamese legal system such as the Fire Prevention and Fighting Law, Drug Prevention and Control Law, Anti-Corruption Law, etc.
