Law on Military Service, Law No. 78/2015/QH13

LAW

On Military Service^[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Military Service.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes military service; tasks and powers of agencies, organizations and individuals, and entitlements and policies in the performance of military service.

Article 2. Subjects of application

This Law applies to agencies, organizations and individuals involved in the military service.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Military service age group means the age group in which citizens shall perform the active or reserve military service in the People’s Army.

2. Military service registration means the compilation of a military service dossier for a citizen in the military service age group.

3. Enlistment in the army means a citizen’s joining for termed service in the regular forces of the People’s Army or in the Marine Police.

4. Demobilization means the retirement of a non-commissioned officer or combatant from active service in the People’s Army or the Marine Police.

5. Active non-commissioned officer or combatant means a citizen on active service in the regular forces of the People’s Army or in the Marine Police.

6. Reserve non-commissioned officer or combatant means a citizen who has registered for reserve service in the People’s Army.

7. Release from reserve service means the removal of a reserve non-commissioned officer or combatant from the reserve forces of the People’s Army.

8. Military service evasion means failing to abide by the order for military service registration; order for military service-related health examination; conscription order; and order for military training, exercise or mobilization readiness or combat readiness inspection.

Article 4. Military service

1. Military service is a glorious obligation of citizens to serve in the People’s Army. Military service performance covers active service and reserve service in the People’s Army.

2. Every citizen in the military service age group, regardless of ethnicity, social stratum, belief, religion, educational level, occupation and residence, shall perform the military service in accordance with this Law.

3. Citizens on service in the Marine Police or performing the obligation to join the People’s Public Security Force shall be considered performing the active military service.

4. Citizens who fall in one of the following cases shall be considered having fulfilling their active military service during peacetime:

a/ Core militia or self-defense members who have fulfilled their militia or self-defense obligation with at least 12 months’ performing the standing militia or self-defense tasks;

b/ Those who have accomplished their task of joining the commune public-security force for 36 or more consecutive months;

c/ Cadres, civil servants, public employees, and university or higher-level graduates who have been trained and appointed to the rank of reserve officer;

d/ Youths who have graduated from university, college or intermediate vocational school and voluntarily served in an economic-defense team for 24 or more months under a scheme decided by the Prime Minister;

dd/ Citizens who have worked on a fisheries surveillance ship for 24 or more months.

Article 5. Responsibility of agencies, organizations, individuals and families in the performance of military service

Agencies, organizations, individuals and families have the responsibility to educate, encourage and create conditions for citizens to perform the military service.

Article 6. Active military service obligation

1. Male citizens in the military-service age group are obliged to perform the active service in the People’s Army.

2. Female citizens in the military service age group in peacetime may perform the active service if they volunteer and the army has demand.

Article 7. Reserve military service

1. Male citizens in the military-service age group are obliged to perform the reserve military service in the following cases:

a/ They are beyond the enlistment age group but have not yet been on active service;

b/ They have retired from active service;

c/ They have retired from service in the People’s Public Security force.

2. Female citizens in the military service age group with professions or occupations suitable to requirements of the People’s Army.

The Government shall stipulate professions and occupations mentioned in this Clause.

Article 8. Positions and military ranks of non-commissioned officers and combatants

1. Positions of non-commissioned officers and combatants:

a/ Deputy platoon leader and the equivalent;

b/ Squad leader and the equivalent;

c/ Deputy squad leader and the equivalent;

d/ Combatant.

2. Military ranks of non-commissioned officers and combatants

a/ Sergeant major;

b/ Sergeant;

c/ Corporal;

d/ First-class private;

dd/ Second-class private.

3. Active and reserve non-commissioned officers and combatants shall be conferred and promoted to the military ranks corresponding to their respective positions; promoted ahead of time if they record outstanding achievements in the performance of their duties; and considered for rank-skipping promotion if they record exceptionally outstanding achievements.

4. The Minister of National Defense shall stipulate the rank conferment, promotion, demotion and stripping; position appointment, demotion and dismissal; equivalent positions and the highest military rank for different positions of non-commissioned officers and combatants prescribed in Clauses 1 and 2 of this Article.

Article 9. Rights and obligations of non-commissioned officers and combatants

1. Non-commissioned officers and combatants shall be assured by the State preferential entitlements and policies suitable to the operational characteristics of the People’s Army.

2. Non-commissioned officers and combatants have the obligations:

a/ To be absolutely loyal to the Fatherland, the People, the Party and the State of the Socialist Republic of Vietnam;

b/ To stand ready for combat, sacrifice for the protection of the independence, sovereignty and territorial integrity of the Fatherland; to safeguard the People, the Party, the State and the socialist regime; to fulfill all assigned tasks and perform international duties;

c/ To protect the assets and interests of the State, agencies and organizations; to protect the lives, property and lawful rights and interests of people; to participate in the protection of national security and social order and safety in accordance with law;

d/ To strictly observe the line and policies of the Party, policies and laws of the State, and the statutes and regulations of the People’s Army;

dd/ To study political, military, cultural, scientific and technical issues and professional knowledge and skills; to train themselves in the sense of organization and discipline and physically; to heighten the political stuff and combat stuff.

Article 10. Prohibited acts

1. Evading military service.

2. Opposing or obstructing the performance of military service.

3. Being dishonest in health examination for military service.

4. Abusing positions and powers to act against regulations on military service.

5. Employing non-commissioned officers and combatants in contravention of law.

6. Infringing upon the body and health or hurting the honor and dignity of non-commissioned officers and combatants.

Chapter II

MILITARY SERVICE REGISTRATION AND MANAGEMENT OF CITIZENS IN THE MILITARY SERVICE AGE GROUP

Article 11. Principles of military service registration and management of citizens in the military service age group

1. To apply to proper subjects and strictly comply with the legally established order, procedures, entitlements and policies.

2. To be uniform, public, transparent and convenient for citizens.

3. To closely manage and monitor the number, quality and personal identifications of citizens in the military service age group.

4. Any change in residence of citizens in the military service age group shall be registered and managed in accordance with law.

Article 12. Subjects of military service registration

1. Male citizens aged full 17 or over.

2. Female citizens mentioned in Clause 2, Article 7 of this Law, who are aged full 18 or over.

Article 13. Subjects ineligible for military service registration

1. Citizens who fall in one of the following cases are ineligible for military service registration:

a/ Being examined for penal liability; currently serving the penalty of imprisonment, non-custodial reform or surveillance or having completed their prison terms but not yet enjoyed remission of criminal records;

b/ Currently serving the measure of education at communes, wards or townships (below referred collectively to as the commune level) or consignment to reformatory, compulsory education institution or compulsory detoxification institution;

c/ Being stripped of the right to serve in the people’s armed forces.

2. Upon the expiration of the duration of application of the measures specified in Clause 1 of this Article, citizens are eligible for military service registration.

Article 14. Subjects exempted from military service registration.

Persons with disabilities and people suffering dangerous, mental or chronic diseases as prescribed by law.

Article 15. Military service registration offices

1. Commune-level Military Commands shall perform the military service registration for citizens residing in their localities.

2. The Military Commands of grassroots agencies and organizations shall perform the military service registration for citizens working or studying in their agencies or organizations and make reports thereon to the Military Commands of rural districts, urban districts, towns or provincial cities and equivalent administrative units (below referred collectively to as the district level) where the agencies or organizations are headquartered; For an agency or organization that has no Military Command, its head or lawful representative shall make arrangements for citizens to make military service registration at their places of residence.

Article 16. First-time military service registration

1. Annually in January, chairpersons of commune-level People’s Committees, heads or lawful representatives of agencies or organizations shall report to the district-level Military Commands on the lists of male citizens reaching full 17 in the year and male citizens in the military service age group who have not been registered for military service.

2. Annually in April, district-level Military Command chiefs shall issue orders to the citizens mentioned in Clause 1 of this Article to make the first-time military service registration.

3. Citizens making the first-time military service registration shall personally make registration at the military service registration offices defined in Article 15 of this Law.

Article 17. Additional military service registration; military service registration upon change in places of residence, work and/or study or upon temporary absence; registration for exemption from conscription during wartime

1. Additional military service registration:

When having any change in working position, educational level, professional qualification, health conditions and other information relating to military service, every citizen who has made military service registration shall make additional registration at a military service registration office.

2. Military service registration upon change in place of residence, work and/or study:

a/ When changing his/her place of residence, work and/or study, every citizen who has made military service registration shall come to the office where he/she has made military service registration to carry out procedures for transfer of military service registration; within 10 working days after arrival at the new place of residence, work or study, he/she shall come to the military service registration office for transfer registration;

b/ When being admitted to a vocational education institution or university in the national educational system, a citizen who has made military service registration shall come to the office where he/she has made military service registration to carry out procedures for transfer of military service registration to the educational institution; when finishing his/her study, he/she shall carry out procedures for transfer of military service registration to the new place of residence or work. Heads of educational institutions shall make arrangements for citizens to make military service registration and transfer military service registration.

3. Military service registration upon temporary absence:

When leaving his/her place of residence, work or study for 3 months or more a citizen who has made military service registration shall come to the military service registration office for temporary absence from military service registration; within 10 working days after returning to his/her place of residence, work or study, he/she shall make the registration again.

4. Citizens eligible for exemption from conscription during wartime shall make registration under regulations of the Government.

Article 18. Registration for service in the reserve force

1. Male citizens defined at Point a, Clause 1, Article 7 of this Law.

2. Female citizens defined in Clause 2, Article 7 of this Law.

3. Citizens in the military service age group falling in one of the following cases:

a/ Demobilized non-commissioned officers or combatants;

b/ Professional army men, defense workers or public employees who have retired from service in the People’s Army or the Marine Police;

c/ Citizens who have retired from service in the People’s Public Security Force.

Article 19. Delisting from military service registration

1. A citizen shall be delisted from military service registration in the following cases:

a/ He/she dies;

b/ He/she passes the reserve military service age group;

c/ The cases specified in Clause 1, Article 13 or Article 14 of this Law.

10. Within 10 days after receiving the certification from competent authorities, the commune-level Military Commands, agencies or organizations with citizens defined in Clause 1 of this Article shall send reports to the district-level Military Commands for decision.

Article 20. Responsibilities and powers of agencies, organizations and persons in military service registration and management of citizens in the military service age group

1. The Government shall detail the order and procedures for military service registration.

2. The Minister of National Defense shall direct and guide the military service registration, create the system of forms of military service registration; stipulate the military service registration reporting and inspection; management of citizens in the military service age group; and the creation and unified management of the military service database.

3. The People’s Committees at all levels shall direct the military service registration and management of citizens in the military service age group in their localities in accordance with law.

4. District- and commune-level military offices shall, within the ambit of their respective tasks and powers, have the responsibility:

a/ To organize military service registration and grant military service registration certificates;

b/ To assume the prime responsibility for, and coordinate with related agencies in, managing citizens in the military service age group.

5. District-level and commune-level Public Security offices shall, within the ambit of their respective tasks and powers, have the responsibility:

a/ To promptly notify the Military Commands of the same level in localities where citizens in the military service age group reside of their penal liability examination;

b/ To notify the Military Commands of the same level of changes in place  of residence, temporary absence, temporary residence and stay of citizens in the military service age group for management of military service registration;

c/ To coordinate with local military offices and other concerned agencies in inspecting and handling violators of regulations on military service registration.

8. Agencies and organizations shall coordinate with the military offices of the same level in the implementation of regulations on military service registration and management of citizens in the military service age group.

Chapter III

SERVICE OF ACTIVE NON-COMMISSIONED OFFICERS AND COMBATANTS AND RESERVE NON-COMMISSIONED OFFICERS AND COMBATANTS

Section 1

SERVICE OF ACTIVE NON-COMMISSIONED OFFICERS AND COMBATANTS

Article 21. Service duration of active non-commissioned officers and combatants

1. The service duration of active non-commissioned officers and combatants during peacetime is 24 months.

2. The Minister of National Defense may decide to prolong the service duration of active non-commissioned officers and combatants for not more than 6 months in the following cases:

a/ To ensure combat readiness;

b/ They are performing the natural disaster or epidemic prevention and combat or rescue and salvage tasks.

3. The service duration of active non-commissioned officers and combatants in the state of war or defense emergency must comply with the general mobilization or partial mobilization order.

Article 22. Counting of active service time of non-commissioned officers and combatants

1. The time of active service of non-commissioned officers and combatants shall be counted from the date of handover and receipt of enlisted persons; in case of non-concentrated handover and receipt, it shall be counted from the date the People’s Army unit receives the enlisted person to the date competent authorities issue the demobilization decision.

2. The time of desertion and the time of imprisonment shall not be included in the active service time.

Article 23. Service of non-commissioned officers and combatants with professional or technical qualifications

1. Non-commissioned officers and combatants with professional or technical qualifications, when performing their military service, shall be prioritized for working positions suitable to the army demand under regulations of the Minister of National Defense.

2. Non-commissioned officers and combatants who have finished their active service duration or are currently in reserve service and fully satisfy the army requirements may be recruited for service as  army officers, professional army men or defense workers and public employees in accordance with law, if they so voluntarily wish and the army has demand.

Section 2

SERVICE OF RESERVE NON-COMMISSIONED OFFICERS AND COMBATANTS

Article 24. Grades of reserve non-commissioned officers and combatants

1. Reserve non-commissioned officers and combatants shall be classified into first-grade reserve non-commissioned officers and combatants and second-grade reserve combatants.

2. First-grade non-commissioned officers and combatants:

a/ Demobilized non-commissioned officers and combatants who have rendered the active service for at least 6 months;

b/ Demobilized non-commissioned officers and combatants who have engaged in  combat;

c/ Male citizens having retired from service of at least 20 months in the People’s Public Security Force;

d/ Male citizens being professional army men who have retired from active service;

dd/ Male citizens being defense workers or public employees who were recruited from non-commissioned officers or combatants and have retired.

e/ Core militia and self-defense members who have fulfilled their duty to join the militia and self-defense force, with at least 12 months performing the standing militia and self-defense tasks or with at least 3 months of concentrated training;

g/ Citizens being second-grade reserve combatants who have at least 6 months of concentrated training;

h/ Citizens having joined in the commune-level Public Security force for at least 36 consecutive months.

3. Second-grade reserve combatants:

a/ Male citizens being demobilized combatants who were on active service for under 6 months;

b/ Defense workers or public employees other than those defined at Point dd, Clause 2 of this Article who have retired;

c/ Male citizens who have retired from service of under 12 months in the People’s Public Security Force;

d/ Male citizens who have passed the conscription age group without performing active service in the army or the obligation to join the People’s Public Security Force;

dd/ Female citizens who have registered the military service under Clause 2, Article 12 of this Law.

Article 25. Service age of reserve non-commissioned officers and combatants

The reserve service age of non-commissioned officers and combatant is defined as follows:

1. Before the age of 46, for male citizens,

2. Before the age of 41, for female citizens.

Article 26. Service age groups of reserve non-commissioned officers and combatants

The service age of reserve non-commissioned officers and combatants shall be divided into two groups:

1. Group A: Male citizens before the age of 36, female citizens before the age of 31;

2. Group B: Male citizens aged from 36 to before 46; female citizens aged from 31 to before 41.

Article 27. Mobilization readiness and combat readiness training, exercise and inspection for reserve non-commissioned officers and combatant

1. For first-grade reserve non-commissioned officers and combatants:

a/ To join mobilization readiness and combat readiness training, exercise and inspection in reserve mobilization units for not more than 12 months;

b/ The Prime Minister shall decide the numbers of first-grade reserve non- commissioned officers and combatants to be called up for annual mobilization readiness and combat readiness training, exercise and inspection;

c/ Based on the Prime Minister’s decisions, the Minister of National Defense shall allocate quotas to army units; determine the number of training phases and duration of each phase; during training intervals may rally reserve non-commissioned officers and combatants for mobilization readiness and combat readiness inspection for 7 days at most; if necessary, may retain reserve non-commissioned officers and combatants for additional training for not more than 2 months on the condition that the total training duration does not exceed the duration specified at Point a, Clause 1 of this Article.

2. The Government shall stipulate the training of second-grade reserve combatants.

Article 28. Health examination for reserve non-commissioned officers and combatants

1. Reserve non-commissioned officers and combatants who have been enrolled into mobilization reserve units shall go through health examinations before their concentrated training and exercise.

2. District-level People’s Committees shall direct their health sections to coordinate with concerned agencies in organizing health examinations for reserve non-commissioned officers and combatants.

Article 29. Release from the reserve force

Non-commissioned officers and combatants who pass the prescribe age group or are no longer physically fit for service in the reserve force shall be released under decisions of district-level Military Command chiefs.

Chapter IV

ENLISTMENT AND DEMOBILIZATION IN PEACETIME

Section 1

CONSCRIPTION OF CITIZENS

Article 30. Conscription age group

Citizens aged full 18 shall be conscripted; the conscription age group ranges from full 18 to 25 years; for citizens with collegial or university degree who have received conscription deferment, the conscription age is 27 years.

Article 31. Citizens’ criteria for conscription into the army or performance of obligation to join the People’s Public Security Force

1. Citizens shall be conscripted when they fully meet the following criteria:

a/ Possessing a clear personal record;

b/ Strictly abiding by the line and policies of the Party and policies and laws of the State;

c/ Being physically fit for active service as required;

d/ Obtaining an appropriate educational level.

2. Citizens’ criteria for performing the obligation to join the People’s Public Security Force must comply with Article 7 of the Law on the People’s Public Security Force.

Article 32. Recognition of active-serve combatants

Citizens reaching the age of 17, wishing to render long-term service in the People’s Army, fully satisfying the legally established criteria and currently studying at a military school shall be recognized as active-duty combatants.

Article 33. Number and time of conscriptions of citizens into the army or to perform the obligation to join the People’s Public Security Force

Once in February or March every year, citizens shall be conscripted into the army or to perform the obligation to join the People’s Public Security Force; in case of necessity for defense or security reasons, citizens may be conscripted for the  second time. For localities hit by calamities or dangerous epidemics, the time for conscription can be adjusted.

Article 34. Competence to decide on conscription of citizens into the army or to perform the obligation to join the People’s Public Security Force

1. The Prime Minister shall decide on the conscription time and numbers of citizens to be conscripted into the army or to perform the obligation to join the People’s Public Security Force for provinces and centrally run cities (below referred collectively to as provinces); decide on the second conscription; and decide on the adjustment of the conscription time and numbers of citizens to be conscripted for provinces prescribed in Article 33 of this Law.

2. Based on the Prime Minister’s decision, the Minister of National Defense or the Minister of Public Security shall decide on numbers of citizens to be conscripted for units under his/her management in each province.

3. Chairpersons of provincial-level People’s Committees shall decide to assign numbers of citizens to be conscripted into the  army or to perform the obligation to join the People’s Public Security Force to district-level localities.

4. Chiefs of provincial- or district-level Military Commands, directors of provincial-level Public Security Departments; and heads of district-level Public Security Sections shall advise the chairpersons of the People’s Committees of the same level on the assignment of numbers of citizens to be conscripted into the army or to perform the obligation to join the People’s Public Security Force to district- and commune-level localities and agencies and organizations in their localities; direct the selection of citizens for conscription into the army or to perform the obligation to join the People’s Public Security Force.

5. Chairpersons of district-level People’s Committees shall decide on the assignment of numbers of citizen to be conscripted into the army or to perform the obligation to join the People’s Public Security Force to commune-level localities and agencies and organizations in their localities; and decide on the lists of citizens to be conscripted at the proposal of the Military Service Councils of the same level.

6. District-level Military Command chiefs shall issue conscription orders to each citizen to join the army; heads of district-level People’s Security Sections shall issue conscription orders to each citizen to perform the obligation to join the People’s Public Security Force. Such conscription orders shall be handed to citizens 15 days before the time indicated in the orders.

Article 35. Responsibilities of agencies, organizations and persons in selection and conscription of citizens into the army or to perform the obligation to join the People’s Public Security Force

1. The People’s Committees at all levels, agencies and organizations shall select and conscript citizens into the army or to perform the obligation to join the People’s Public Security Force in a democratic, fair and public manner, ensuring sufficient number, proper subjects, criteria and time as prescribed by law; ensure that the conscripted citizens are present at the right time and right places.

2. District-level People’s Committees shall organize the handover of citizens conscripted into the army or to perform the obligation to join the People’s Public Security Force to receiving units and organize the hand-over and receipt ceremonies under regulations.

3. Commune-level People’s Committees, agencies and organizations shall publicly display at the head offices the conscription criteria and numbers and subjects to be conscripted into the army; lists of citizens eligible for army enlistment or performance of the obligation to join the People’s Public Security; lists of citizens to be conscripted into the army or to perform the obligation to join the People’s Public Security Force; and lists of persons eligible for conscription deferment and exemption.

4. Conscript-receiving units shall coordinate with the People’s Committees at different levels in the selection and conscription of citizens into the army enlistment or to perform the obligation to join the People’s Public Security Force.

5. Citizens conscripted into the army or to perform the obligation to join the People’s Public Security Force must be present at the right time and right places stated in the orders; if they cannot come at the right time or right places for plausible reasons, they shall obtain certification from the commune-level People’s Committees of their places of residence, or from the agencies or organizations where they work or study, and report thereon to the chiefs of the district-level Military Commands or heads of the district-level Public Security Sections.

Article 36. Military service councils

1. The People’s Committees at different levels shall form military service councils to assist them in the implementation of the law on military service.

2. Composition of a military service council:

a/ A provincial- or district-level military service council shall be composed of: Chairperson of the provincial- or district-level People’s Committee as chairman of the council;

Chief of the provincial- or district-level Military Command as standing vice chairman of the council;

Director of the provincial-level Public Security Department or head of the district-level Public Security Section as vice chairman of the council;

Heads of the Vietnam Fatherland Front Committee, Vietnam Labor Federation Committee, Ho Chi Minh Communist Youth Union Committee, Vietnam Women Union Committee, Vietnam Farmers’ Association Committee, Vietnam War Veterans’ Association and a number of professional agencies of the provincial- or district-level People’s Committee to be decided by the People’s Committee chairperson as members of the council;

b/ A commune-level military service council shall be composed of:

The People’s Committee chairperson as chairman of the council;

The Military Command chief as standing vice chairperson of the council;

Head of the commune Public Security office as vice chairperson of the council;

Heads of the Vietnam Fatherland Front Committee, Ho Chi Minh Communist Youth Union Committee, Vietnam Women Union Committee, Vietnam War Veterans Association Committee, health section, justice- civil status, finance- accounting civil servants as its members and a number of other members to be decided by the People’s Committee chairperson.

3. The military service council shall work on the collegial principle; take responsibility to the People’s Committee of the same level for the performance of military service in the locality; a resolution of the council shall be voted for by more than half of its total members.

Article 37. Tasks of a provincial-level military service council

1. To assist the provincial-level People’s Committee in directing the inspection and urge of agencies and organizations to carry out the military service registration and management of citizens in the military service age group; to make preparation for citizens for active service, plans on selection and conscription of citizens into the army or to perform the obligation to join the People’s Public Security Force; to organize training for reserve non-commissioned officers and combatants and provide entitlements and policies for non-commissioned officers and combatants in its locality; to direct and guide activities of district-level military service councils.

2. To assist the provincial-level People’s Committee chairperson in examining and settling complaints and denunciations of citizens in relation to the implementation of the law on military service.

Article 38. Tasks of a district-level military service council

1. To assist the district-level People’s Committee in performing the task of selecting citizens for conscription into the army and performance of the obligation to join the People’s Public Security Force; directing commune-level People’s Committees to organize the implementation of the law on military service and direct and guide activities of commune-level military service councils.

2. To report to the district-level People’s Committee for decision on citizen to be conscripted, eligible for conscription deferment and exemption from conscription into the army or to perform the obligation to join the People’s Public Security Force.

3. To assist the district-level People’s Committee in organizing the handover of conscripted citizens to army, marine police or public security units; organizing the reception of demobilized non-commissioned officers and combatants.

4. To assist the district-level People’s Committee in inspecting and guiding related agencies and organizations in the implementation of army rear policies and the management of military service-liable citizens in its locality.

5. To assist the district-level People’s Committee chairperson in examining and settling complaints and denunciations in relation to the implementation of the law on military service.

Article 39. Tasks of a commune-level military service council

1. To assist the commune-level People’s Committee in disseminating the law on military service; to organize military service registration and health examination for citizens.

2. To report to the commune-level People’s Committee and the district-level military-service council on the lists of citizens to be conscripted, eligible for conscription deferment or exemption from conscription into the army or to perform the obligation to join the People’s Public Security Force.

3. To organize citizens’ implementation of conscription orders and orders for concentrated training, exercise, mobilization readiness and combat readiness inspection.

4. To assist the commune-level People’s Committees in inspecting and guiding related agencies and organizations in the implementation of army rear policies and the management of military service-liable citizens in its locality.

5. To assist the commune-level People’s Committee chairperson in examining and settling complaints and denunciations in relation to the implementation of the law on military service.

Article 40. Health examination for citizens conscripted into the army or to perform the obligation to join the People’s Public Security Force

1. District-level People’s Committee chairpersons shall decide to form medical examination councils at the proposal of the health sections of the same level.

2. District-level Military Command chiefs shall issue health examination orders to citizens eligible for conscription; heads of district-level Public Security Sections shall issue health examination orders to citizens eligible to perform the obligation to join the People’s Public Security Force. The health examination order shall be handed to citizens 15 days before the time of health examinations.

3. District-level medical examination councils shall organize health examinations for citizens eligible for conscription; if necessary, decide pre-clinical tests, including drug or HIV tests; ensure the accuracy of and take responsibility for results of military service health examinations.

4. The health examination time must last from November 1 to the end of December 31 of every year. The time for second health examinations for conscription under Article 33 of this Law shall be decided by the Prime Minister.

5. Health classification results shall be publicly displayed at the offices of commune-level People’s Committees, agencies or organizations for 20 days.

Section 2

CONSCRIPTION DEFERMENT AND EXEMPTION

Article 41. Conscription deferment and exemption

1. Conscription deferment may apply to the following citizens:

a/ Being physically unfit for active service in the army as concluded by the medical examination council;

b/ Being the only bread-earner to directly nurture relatives who have lost their working capacity or have not yet reached the working age; in families suffering heavy human and property losses due to accidents, natural disasters or dangerous epidemics as certified by the commune-level People’s Committee;

c/ Being the only offspring of a diseased army man or an agent orange victim who has lost 61%-80% of his/her working capacity;

d/ Having a sibling who is non-commissioned officer or combatant currently on active service in the army; a non-commissioned officer or combatant performing the obligation to join the People’s Public Security Force;

dd/ Persons who are relocated to exceptionally difficult communes during the first three years under socio-economic development projects of the State as decided by provincial-level People’s Committees or higher authorities;

e/ Cadres, civil servants, public employees and youth volunteers who are transferred to work in areas with exceptionally difficult socio-economic conditions in accordance with law;

g/ Persons currently studying at general education establishments; following formal tertiary training at tertiary training institutions or formal collegial training at vocational education establishments during a training course of a training level.

2. Conscription exemption may apply to the following citizens:

a/ Offspring of war martyrs or first-class war invalids;

b/ The only elder or younger brother of a war martyr;

c/ The only offspring of a second-class war invalid; the only offspring of a diseased army man who has lost 81% or over of his/her working capacity;

d/ Cipher officers other than army men or People’s Public Security men;

dd/ Cadres, civil servants, public employees and youth volunteers who are transferred to work in areas with exceptionally difficult socio-economic conditions in accordance with law for at least 24 months.

3. Citizens eligible for conscription deferment specified in Clause 1 of this Article shall be conscripted when the deferment reason no longer exists.

Citizens eligible for conscription deferment or postponement specified in Clauses 1 and 2 of this Article can be considered for selection and conscription, if they volunteer.

4. Lists of citizens eligible for conscription deferment and exemption shall be publicly displayed at the head offices of commune-level People’s Committees, agencies or organizations for 20 days.

Article 42. Competence to decide on conscription deferment and exemption and recognition of fulfillment of active-duty military service obligation

1. District-level People’s Committee chairpersons shall decide on conscription deferment and exemption for citizens prescribed in Article 41 of this Law.

2. District-level Military Command chiefs shall decide on recognition of fulfillment of active-duty military service obligation for citizens defined in Clause 4, Article 4 of this Law.

Section 3

DEMOBILIZATION

Article 43. Demobilization conditions

1. Non-commissioned officers and combatants who have finished their active service duration prescribed in Clauses 1 and 2 of Article 21 of this Law shall be demobilized.

2. Active non-commissioned officers and combatants may be demobilized ahead of time when they are concluded by the Medical Examination Councils that they are no longer physically fit for further active service or they fall into the cases specified at Points b and c, Clause 1; Points a, b and c, Clause 2, Article 41 of this Law.

Article 44. Competence and responsibility to decide on demobilization

1. The Minister of National Defense shall decide on the annual demobilization of active non-commissioned officers and combatants.

2. Commanders of regiments and equivalent or higher levels shall decide on the demobilization of non-commissioned officers and combatants under their management; organize ceremonies to see off non-commissioned officers and combatants who have fulfilled their active service obligation, and return them to the district-level People’s Committees which handed them over to the army.

3. The demobilization time shall be notified 30 days in advance to non-commissioned officers and combatants and the district-level People’s Committees of the localities where such persons were handed over to the army or the agencies or organizations where they worked or studied before their enlistment.

4. District- or commune-level People’s Committees and agencies and organizations shall organize the receipt of demobilized non-commissioned officers and combatants.

Article 45. Responsibility of demobilized non-commissioned officers and combatants

Non-commissioned officers and combatants who are demobilized from the army and non-commissioned officers and combatants who have fulfilled the obligation to join the People’s Public Security Force shall, within 15 working days after returning to their places of residence, work or study, come to the military service registration offices for registration of service in the reserve force.

Chapter V

CONSCRIPTION UPON ORDERS ON MOBILIZATION, DEMOBILIZATION UPON CANCELLATION OF THE STATE OF WAR OR THE STATE OF DEFENSE EMERGENCY

Article 46. Conscription upon orders on mobilization

Upon an order on general mobilization or partial mobilization, the conscription must comply with decisions of the Prime Minister and orders of the Minister of National Defense.

Article 47. Responsibilities of agencies, organizations and individuals in complying with orders on mobilization

1. Upon an order on general mobilization or partial mobilization, the Minister of National Defense shall order the suspension of demobilization and leave-taking of non-commissioned officers and combatants; non-commissioned officers and combatants on leave shall return to their units.

2. District-level Military Command chiefs shall issue conscription orders to each citizen under decisions of the chairpersons of the People’s Committees of the same level.

3. Conscripted citizens must be present at the right time and right places stated in the conscription orders.

4. Commune-level People’s Committees, agencies and organizations shall make arrangements for citizens to strictly follow their conscription orders.

Article 48. Demobilization upon orders on cancellation of the state of war or the state of defense emergency

1. Upon an order on cancellation of general mobilization or partial mobilization, the Prime Minister shall decide on the demobilization of non-commissioned officers and combatants.

2. The competence and responsibility to settle specific cases of demobilization for non-commissioned officers and combatants must comply with Article 44 of this Law.

Chapter VI

ENTITLEMENTS, POLICIES AND BUDGET FOR MILITARY SERVICE PERFORMANCE

Article 49. Entitlements and policies applicable to citizens during the time of making military service registration and taking health examinations

1. Citizens currently working in agencies or organizations are entitled to full salary, travel fares and current allowances during the time of making military service registration and taking health examinations for military service.

2. Citizens coming for military service registration and health examinations shall be provided with meals and accommodation during the time of making registration and taking health examinations and travel fares.

3. The Government shall detail this Article.

Article 50. Entitlements and policies applicable to active or demobilized non-commissioned officers and combatants and their relatives.

1. For active non-commissioned officers and combatants:

a/ To be supplied in time with sufficient and quality food, foodstuffs, military equipment, and preventive and curative medicines; to be provided with lodgings, monthly allowances and daily necessities and have their cultural and spiritual needs satisfied as suitable to the characteristics of the army tasks; to have their entitlements guaranteed during festive and new year holidays; to be provided with health care in accordance with law when suffering injuries, sickness and accidents;

b/ From the thirteenth month on, to be entitled to take leaves according to regulations; other leaves for unexpected reasons must comply with regulations of the Minister of National Defense;

c/ From the twenty-fifth month on, to additionally enjoy 250% of their current monthly rank allowance;

d/ To be counted as one member of their families when their families are assigned housing area, housing land and farming land or have such area and land adjusted;

dd/ To have their active-service duration included in their working seniority;

e/ To enjoy preferential postages;

g/ To be commended and rewarded in accordance with law when making  achievements in combat, work or training;

h/ In case of getting injured or sick while performing their tasks, to enjoy the preferential regimes as prescribed by law;

i/ To be assured by the State the social insurance and health insurance benefits in accordance with the Social Insurance Law and the Health Insurance Law;

k/ To be entitled to delay the payment without interest of Social Policy Bank loans which they borrowed in the capacity as poor household members or students in accordance with law before their enlistment;

l/ To be given priority in military school enrolment.

2. For relatives of active non-commissioned officers and combatants:

a/ Natural fathers and mothers; fathers and mothers-in-law; lawful fosterers; spouses; offspring and lawfully adopted children of active non-commissioned officers or combatants are entitled to the health insurance benefits in accordance with the Health Insurance Law and difficulty allowances provided by the state budget;

b/ Offspring and lawfully adopted children of active non-commissioned officers and combatants are entitled to school fee exemption or reduction when they study at public or non-public general education establishments in accordance with the law on school fee exemption and reduction;

c/ If active non-commissioned officers or combatants die while performing their tasks, their families are entitled to the preferential regimes prescribed by law.

3. For demobilized non-commissioned officers and combatants:

a/ To be provided with travel fares and allowances and demobilization allowances;

b/ If they were studying at or got admission notices from  vocational or tertiary education institutions before their enlistment, to have their study results reserved or to be admitted into those institutions;

c/ To be provided with employment allowances;

d/ If they worked at state agencies, political organizations or socio-political organizations before their enlistment, those agencies and organizations shall receive them, arrange jobs for them and ensure that their incomes are not lower than their pre-enlistment incomes; if those agencies or organizations have been dissolved, their immediate superior agencies or organizations shall arrange appropriate jobs for them;

dd/ If they worked at economic organizations before their enlistment, such organizations shall receive them, arrange jobs for them and ensure that their wages or remuneration correspond to their pre-enlistment jobs, wages or remuneration; if such economic organizations have terminated their operation, been dissolved or gone bankrupt, the demobilized non-commissioned officers and combatants are entitled to the benefits and policies applicable to workers of such economic organizations in accordance with law;

e/ To enjoy the social insurance benefits as prescribed by the Social Insurance Law;

g/ For non-commissioned officers and combatants demobilized under Clause 1, Article 43 and Clause 1, Article 48, of this Law, when returning to their localities, they shall be given priority by local administrations, agencies and organizations in employment and given additional points when they participate in school enrolment or recruitment of civil servants and public employees; during their probation period, they are entitled to 100% of the wages and allowances of their ranks and corresponding to their training qualifications.

4. The Government shall detail this Article.

Article 51. Entitlements and policies applicable to reserve non-commissioned officers and combatants

Reserve non-commissioned officers and combatants themselves and their families shall be provided with entitlements and policies as prescribed by the Government during their concentrated training, exercises and mobilization readiness and combat readiness inspection.

If they get wounded, sick or die while performing their tasks, they themselves and their families are entitled to the preferential regimes as prescribed by law.

Article 52. Responsibility of agencies and organizations to implement entitlements and policies for families of non-commissioned officers and combatants

The People’s Committees at all levels, agencies and organizations shall, within the ambit of their respective functions and powers, implement the entitlements and policies for families of active and reserve non-commissioned officers and combatants.

Article 53. Budget for the performance of military service

1. The central budget shall fund the performance of military service by ministries and central agencies.

2. Local budgets shall fund the performance of military service by local agencies, organizations and units.

3. Fund for the performance of military service by enterprises and other organizations shall be provided by those enterprises and organizations.

4. The Government shall detail this Article.

Chapter VII

TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS

Article 54. Agencies performing the state management of military service

1. The Government shall perform the unified state management of military service nationwide.

2. The Ministry of National Defense shall assist the Government in performing the state management of military service.

3. Ministries and ministerial-level agencies shall coordinate with the Ministry of National Defense in performing the state management of military service according to their respective competence.

Article 55. Tasks and powers of the Ministry of National Defense

1. To promulgate or submit to competent authorities for promulgation legal documents on military service.

2. To organize the implementation of legal documents on military service performance.

3. To coordinate the dissemination of and education about the law on military service.

4. To examine, inspect, perform commendation and reward work, handle violations; to settle complaints and denunciations about military service in accordance with law.

5. To review the implementation of the law on military service.

Article 56. Tasks and powers of ministries, ministerial-level agencies

1. The Ministry of Public Security shall direct local Public Security offices to coordinate with the military offices of the same level in organizing the implementation of the law on military service.

2. The Ministry of Health shall direct local health agencies to coordinate with the military offices of the same level in organizing the military service-related health examinations; assume the prime responsibility for, and coordinate with the Ministry of National Defense in, setting health criteria for performance of military service.

3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, directing and guiding educational institutions to implement the law on military service and training professionals and technicians for the army under the Prime Minister’s decisions.

4. The Ministry of Labor, War Invalids and Social Affairs shall organize the implementation of army rear policies toward families of non-commissioned officers and combatants; vocational training and employment policies for demobilized non-commissioned officers and combatants; direct and guide vocational education institutions under its management to train professionals and technicians for the army under the Prime Minister’s decisions.

5. The Ministry of Information and Communications shall direct mass media agencies to organize the dissemination of and education about the law on military service in accordance with law.

6. Ministries, ministerial-level agencies and other agencies and organizations shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of National Defense in implementing the law on military service.

Article 57. Responsibility of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within their respective tasks and powers, supervise the implementation of the law on military service by agencies, organizations and individuals.

Article 58. Tasks and powers of People’s Committees at different levels

1. To direct and organize the implementation of the law on military service in their localities.

2. To organize the military service registration and management of citizens in the military service age group.

3. To take responsibility for the number and quality of citizens enlisted into the army or performing the obligation to join the People’s Public Security Force and citizens serving in the reserve force of the People’s Army.

4. To inspect, within the ambit of their respective tasks and powers, agencies, organizations and individuals in the implementation of the law on military service in localities.

Chapter VIII

HANDLING OF VIOLATIONS

Article 59. Handling of violations

1. Those that commit acts of evading, opposing or obstructing the military service performance shall be disciplined, administratively sanctioned or examined for penal liability, depending on the nature and severity of their violations.

2. Active non-commissioned officers and combatants and reserve non-commissioned officers and combatants during concentrated training, exercise, mobilization readiness and combat readiness inspection who violate discipline or the law, shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.

Article 60. Disciplinary forms applicable to non-commissioned officers and combatants

1. Forms of discipline applicable to non-commissioned officers and combatants:

a/ Reprimand;

b/ Caution;

c/ Demotion;

d/ Dismissal from position;

dd/ Military rank demotion;

e/ Stripping of the army man’s title.

2. The Minister of National Defense shall prescribe the application of disciplinary forms and durations and the order and competence to discipline non-commissioned officers and combatants.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 61. Effect

1. This Law takes effect on January 1, 2016.

2. The December 30, 1981 Law on Military Service; the December 21, 1990 Law Amending and Supplementing a Number of the Law on Military Service; the June 22, 1994 Law Amending and Supplementing a Number of Articles of the Law on Military Service and June 14, 2005 Law No. 43/2005/QH11 on Military Service  cease to be effective on the date this Law takes effect.

Article 62. Detailing

The Government and ministries shall detail the articles and clauses as assigned in this Law.

This Law was passed on June 19, 2015, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairman of the National Assembly
NGUYEN SINH HUNG