Decree No. 42/2011/ND-CP dated June 13, 2011 of the Government regulating citizens who are on military service duty are exempt from military call-up during the war time

THE GOVERNMENT

The Decree No. 42/2011/ND-CP dated June 13, 2011 of the Government regulating citizens who are on military service duty are exempt from military call-up during the war time

Pursuant to the Law on Government Organization dated December 25, 2011;

Pursuant to the Law on National Defense dated June 14, 2005;

Pursuant to the Law on Military Service Duty dated December 30, 1981, amended and supplemented on 1990, 1994 and 2005;

At the proposal of the Minister of National Defense,

DECREES:

Article 1. Scope of adjustment

This Decree regulates citizens on military service duty who are working on state agencies, political organizations, political – social organizations, economic organizations, national units, agencies, foreign organizations and international organizations operating on the territory of the Socialist Republic of Vietnam (hereafter called as agencies, organizations) are exempt from military call-up during the war time.

Article 2. Object of application

1. This Decree is applied to Vietnam citizens on military service duty according to the regulation of the Law on Military Service Duty (including female citizens who have necessary knowledge for Military); agencies and organizations where have Vietnam citizens on military service duty.

2. This Decree is not only applied to the citizens who are serving in People’s Security, professional citizens listed in the back-up professional units and citizens who are appointed to serve Military by the Ministry of National Defense if necessary.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Citizens on military service duty: include all citizens in the age of active-service duty and serving in the Military’s reserve status according to regulations of the Law on Military Service Duty and Law on Vietnam People’s Army Officers.

2. Exempt from military call-up in war time means exempt from calling up to serve reserve status in Military when receiving general mobilization and local mobilization and during war.

Article 4. Regulations of citizens on military service duty who are exempt from military call-up in war time

Regulations of citizens on military service duty who are exempt from military call-up in war time are to actively make plans on reserve status mobilization, supplementing for Military’s standing force, ensuring the ready force for fighting in the war on invasion protection for Socialist Vietnamese Fatherland, at the same time remaining state management and social activities, ensuring economic activities in war time.

Article 5. Citizens are exempt from military call-up in war time

1. Citizens are exempt from military call-up in war time as following:

a) Citizens are holding important positions in state agencies, Communist Party of Vietnam, local to central social – political organizations,  economic organizations with large amount of labors or have great impacts on economic activities of  a region, an industry or a economic section of country; if these citizens join in the army,  the operations of agencies, organizations will be directly reduced, discontinued or even stopped, as the result, the management and operation of society and of the country economy will be directly affected.

b) Citizens on the plan of ensuring defense activities in war time.

c) Citizens are working in the specially important positions such as in national main constructions, important industries, money print, meteorological and hydrographic plants, lighthouse, navigator, head of ministerial-level, industry-level, national-level, international-level researches and other important positions in other special sections.

d) Citizens are working in agencies, organizations in particular poor regions such as border communes, islands, remote regions, ethnic minority regions that are defined to have particular poor economic and society by the Government.

dd) Citizens have superior professional knowledge that is confirmed by authorized agencies and receive senior salaries on that profession knowledge.

e) Citizens have high vocational skills and many experience years in remaining activities of big agencies and organizations in war time as having vocational skills in the last level of the five-level and below; or two last levels of the six-level and above.

g) Citizens have high scientific research knowledge or are the human resources to develop talents for country.

h) Citizens have sole children or their sole children are revolutionary martyr.

2. When having necessary demands, the Ministry of National Defense is allowed to mobilize some professional citizens regulated in the section 1 of this Article to serve in Military.

3. Citizens exempt from military call-up in war time can join in the army if they have voluntary application for serving Military and acceptance from heads of agencies, management organizations that citizens belong to.

4. The Ministry of National Defense regulates the specific list of citizens on military service duty who are exempt from military call-up in war time. The Ministry of Interior Affairs and the Ministry of Labor, War Invalids and Social Affairs are responsible for coordinating with the Ministry of National Defense in defining specific list of citizens on military service duty who are exempt from military call-up in war time.

Article 6.  Registration and management of citizens on military service duty who are exempt from military call-up in war time

1. The registration for military service duty of citizens on military service duty who are exempt from military call-up in war time (called as private registration) is implemented according to legal regulations on military service duty registration.

2. Citizens exempt from military call-up in war time are managed personally after registering with the Steering Committee of communes, districts, towns and cities under provinces by the Ministry of National Defense.

Article 7. Prohibited behaviors

1. Taking advantage of positions and rights to confirm wrong information about working positions, operation area, knowledge, vocational skills and other contents for citizens on military service duty, creating conditions for them to avoid military service duty.

2. Declaring wrong information on working positions, operation area, knowledge, vocational skills and other contents by themselves to avoid military service duty.

3. Not complying with regulations on registration specified at the Article 6 of this Decree.

Article 8. Settlement of violation

Organizations, individuals who violate regulations specified in this Decree will be disciplined; received administrative sanctions or criminal prosecution depending on nature and extent according to legal regulations.

Article 9. Implementation effect

1. This Decree takes effect on August 01, 2011.

2. This Decree replaces the Decree No. 82/HDBT dated May 06, 1982 of the Ministerial Council issuing list of positions and occupation for citizens on military service duty who are exempt from military call-up when receiving mobilization command.

Article 10. Implementation responsibility

1. The Minister of National Defense is responsible for guiding and implementing this Decree within the scope of functions, tasks, rights.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees and organizations, individuals shall implement this Decree.

FOR THE GOVERNMENT

THE PRIME MINISTER

Nguyen Tan Dung