Nghị định 83/2001/ND-CP

DECREE

ON MILITARY SERVICE REGISTRATION

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the December 30,1981 Law on Military Services; the December 21, 1990 Law Amending and Supplementing a Number of Articles of the Law on Military Services; the June 22, 1994 Law Amending and Supplementing a Number of Articles of the Law on Military Services;
Pursuant to the August 27, 1996 Ordinance on the Reserve Forces;
At the proposal of the Minister of Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the military service registration subjects, procedures and order; the regimes and policies towards the military service registrants and the responsibility of agencies and organizations in military service registration.

Article 2.- Military service registration means the declaration of curricula vitae and other necessary elements as prescribed by law of the persons falling within the military service registration age bracket so that the local military offices manage and organize the implementation of the law provisions on military services for subjects in the military service age bracket.

Article 3.- The military service registration must be made for the right subjects, and strictly according to regimes, policies, order and procedures so that the local military offices firmly grasp the quantity, quality and evolution of people who are prepared to join the army and the reserve armymen, aiming to serve the call up of citizens into the army and build the reserve forces.

Article 4.- The male citizens in the military service age bracket and women with professional skills needed for the army must carry out the military service registration.

The reserve officers shall make military service registration according to the 1999 Law on Officers of Vietnam People’s Army.

Article 5.- Military service registration shall be carried out at citizens� places of residence by the Military Commands of communes, wards or district towns (hereinafter referred collectively to the commune level) and the Military Commands of the rural districts, urban districts, provincial towns or cities (hereinafter referred collectively to as the district level).

The citizens’ places of residence prescribed in this Decree shall comply with the provisions of Clause 1, Article 48 of the 1995 Civil Code.

Article 6.- The competent agencies, organizations and individuals shall, within the scope of their respective functions, tasks and powers, have to inspirit, educate, urge and create conditions for citizens to fully observe the law provisions on military service registration.

Chapter II

MILITARY SERVICE REGISTRATION SUBJECTS

Article 7.- The following persons, except those prescribed in Article 8 and Article 9 of this Decree, are subject to military service registration:

1. Male citizens aged between full 17 and full 45.

2. Women aged between full 18 and full 40 having professional skills in necessary service of the army. The list of professional branches and trades undertaken by women and in necessary service of the army shall be decided by the Prime Minister

Article 8.- The following persons shall not be subject to military service registration yet:

1. Persons being deprived of the right to service in the people�s armed forces by courts.

2. Persons being examined for penal liability; persons sentenced to imprisonment or non-custodial reform.

Upon the expiration of the time limits prescribed in Clauses 1 and 2 of this Article, such people must make the military service registration.

Article 9.- The following persons are exempt from military service registration:

1. Defense employees and workers who are working in the agencies and units of Vietnam People’s Army.

2. Persons who are working in the agencies and units of the People’s Police.

3. The disabled persons, people suffering mental diseases or other chronic ailments according to the list of illnesses prescribed by the Health Minister and the Defense Minister.

Article 10.- The military service registrants are arranged as follows:

1. Persons ready for enlistment.

2. Class-one reserve armymen and class-two reserve armymen.

Article 11.- The military service registrants classified as those ready for enlistment shall include:

1. Male citizens aged between full 17 and full 27, who have not yet been in active service in the people’s armed forces.

2. Women with professional skills needed for the army.

Article 12.- The military service registrants categorized as class-one reserve armymen shall include:

1. Demobilized non-commissioned officers and men, who had served the army for full or beyond the prescribed duration.

2. Non-commissioned officers and men who were demobilized ahead of time but had been in active service in the army for one year or more.

3. Demobilized non-commissioned officers and men who had been engaged in combat.

4. Demobilized professional armymen.

5. Defense employees, defense workers (being non-commissioned officers, men who had been in active service in the army and transferred to be defense employees, defense workers) having enjoyed the severance regime.

6. Class-two reserve armymen who have gone through the regular training program with the total length of training time as prescribed by the Law on Military Services.

Article 13.- The military service registrants categorized as class-two reserve armymen shall include:

1. Non-commissioned officers and men who were demobilized ahead of time and had been in active service in the army for less than one year.

2. Male citizens who already worked in agencies and/or units or the people’s police; defense male employees and defense male workers who already served the people’s army.

3. Male citizens aged full 27 but not yet joined the army.

4. Women aged between full 18 and full 40, who have professional skills needed for the army as provided for in Clause 2, Article 7 of this Decree.

Article 14.- Depending on age brackets, the reserve armymen in each category are divided into two groups:

1. Group A includes the following reserve armymen: Men aged up to full 35; women aged up to full 30.

2. Group A includes the following reserve armymen: Men aged between full 36 and full 45; women aged between full 31 and full 40.

Chapter III

MILITARY SERVICE REGISTRATION ORDER AND PROCEDURES

Section 1.- FIRST-TIME MILITARY SERVICE REGISTRATION

Article 15.- Within the first ten days of January every year, the commune-level People�s Committee presidents must report to the district-level Military Commands the list of male citizens aged full 17 in that year, citizens in the military service age bracket having not yet made the military service registration and citizens exempt from military service registration as provided for in Article 9 of this Decree.

Article 16.- Within the first ten days of January every year, the principals of vocational training schools, vocational intermediate schools, colleges and universities, and the heads of other agencies, organizations and establishments must report to the district-level Military Commands of the localities where they are headquartered the lists of citizens subject to the military service registration but having not yet made the first-time registration.

Article 17.- In April every year, upon the call-up orders of the chiefs of the district-level Military Commands, male citizens aged full 17 in the year and persons in the military service age bracket, who have not yet made the military service registration, must go to the district-level Military Commands at their residence places to produce their people�s identity cards, declare their curricula vitae for the first-time registration into the registers of citizens ready for enlistment.

Article 18.- The district-level Military Commands have the responsibility to:

1. Grant the military service registration certificates to persons who are ready to join the army.

2. Compile the military service records for persons who are fully qualified for the call-up into the army.

3. Hand over the military service records to units receiving recruits when citizens are called up for active service in the army.

Section 2. RESERVE ARMYMEN RANK REGISTRATION AND PROMOTION

Article 19.-

1. Professional armymen, non-commissioned officers, men, defense employees and defense workers of the people’s army as well as employees, professional non-commissioned officers and men of the people’s police, who are subject to demobilization or job severance, must register themselves into the reserve armymen rank.

2. Within fifteen days after the date of their demobilization or job severence, such people must bring the dossiers and papers on their demobilization or job severance to the district-level Military Commands at the places of their residence for registration into the reserve rank.

3. The district-level Military Commands shall carry out the registration procedures and grant military service registration certificates to the persons defined in Clause 1 of this Article.

Article 20.-

1. Upon the call-up order of the chiefs of the district-level Military Commands, the persons defined in Clauses 3 and 4 of Article 13 of this Decree must go to the district-level Military Commands at their residence places for registration into the reserve rank.

2. Upon the registration, the male citizens shall produce their military service registration certificates and graduation diplomas if their have been trained at vocational training schools, vocational intermediate schools, colleges or universities; and women produce their professional graduation diplomas.

3. The district-level Military Commands carry out the registration procedures and grant the reserve armymen registration certificates to persons defined in Clause 1 of this Article.

Article 21.- The promotion of class-two reserve armymen to class-one reserve armymen shall comply with the provisions of the Law on Military Services and the guidance of the Defense Minister.

Section 3. ADDITIONAL REGISTRATION

Article 22.- Within ten days after making any changes in their family and/or given names, residence places within the communes they are residing, addresses of their working or study places, working positions, educational levels, the persons ready to join the army or the reserve armymen must go to the commune-level Military Commands in their residence places to make additional registration.

Article 23.- Once every six months from July 1 to 10 and from January 1 to 10 every year, the commune-level Military Commands shall report to the district-level Military Commands on changes in the registration as provided for in Article 22 of this Decree.

Section 4. RELOCATION REGISTRATION AND ABSENCE REGISTRATION

Article 24.-

1. Persons who are ready for enlistment or reserve armymen, before changing their residence places from one commune to another within a district, must go to the commune-level Military Commands at their residence places to produce the papers on the changes in their residence places in order to have their names crossed out from the military service registers.

2. Within ten days after moving to their new residence places, the persons prepared to join the army or reserve armymen must go to the commune-level Military Commands to produce papers on the change of their in residence places and the military service registration certificates for recording into the military service registers.

3. The commune-level Military Commands at the places where the persons prepared to join the army or the reserve armymen move from or move into must report to the district-level Military Commands on the changes defined in Clauses 1 and 2 of this Article at the time prescribed in Article 23 of this Decree.

Article 25.-

1. Persons ready for enlistment or reserve armymen, before changing their residence places from one district to another, must go to the commune-level Military Commands and the district-level Military Commands at the places where they are residing to produce papers on the changes of their residence places, ask for the introduction papers on the transfer of military service registration. When moving into the new residence places, within ten days they must go to the district-level Military Commands and the commune-level Military Commands at their new residence places to register the transfer.

2. Persons ready for enlistment or reserve armymen, when being called up for study in vocational training schools, vocational intermediate schools, colleges or universities, must go to the district-level Military Commands to get the transfer of their military service registration certificates to such schools for the schools to manage and report to the district-level Military Commands at the places where the schools are headquartered.

Within three months after their graduation, the persons ready to join the army or the reserve armymen must transfer their military service registration certificates to new residence places.

Article 26.- The reserve armymen who are arranged into reserve units, when being away from their residence places for ten days or more, must report to the commune- level Military Commands on their absence. Monthly, the commune-level Military Commands must report to the district-level Military Commands on the number of reserve armymen being absent from their residence places.

Article 27.- Persons ready to join the army or reserve armymen, who are sent abroad by their agencies, organizations for working trips, the absence registration and re-registration shall be carried out as follows:

1. If the overseas working trips last for one year or more, within ten days as from the date of such persons departure, the agencies or organizations where such persons work must send their representatives to the district-level Military Commands for long-term absence registration and submission of the military service registration certificates of the persons ready for enlistment or reserve armymen. Within ten days as from the date such persons return to their working places, the agencies or organizations where they work shall send representatives to the district-level Military Commands for re-registration.

2. If the duration for which they are sent abroad lasts between three months and under one year, the persons ready for enlistment or the reserve armymen shall leave their military service registration certificates at their working agencies or organizations. The agencies or organizations where such persons work have the responsibility to report to the district-level Military Commands within ten days as from the date such person leave or return to the country.

Article 28.- For the to be-enlisted persons or reserve armymen, who are allowed to go abroad for personal business, the absence registration and re-registration shall be carried out as follows:

1. If they go abroad for one year or more, the to be-enlisted persons or reserve armymen must go to the district-level Military Commands at their residence places to produce papers permitting their travels abroad, to register their long-term absence and entrust their military service registration certificates. Within ten days as from the date they return home, the to be-enlisted persons or reserve armymen must go to the district-level Military Commands for re-registration.

2. If they go abroad for between three months and under one year, the to be-enlisted persons or reserve armymen must deposit their military service registration certificates at the commune-level Military Commands at their residence places or their working agencies or organizations. The commune-level Military Commands or the agencies or organizations where they work have the responsibility to report on the absence registration or re-registration to the district-level Military Commands within ten days as from the date such persons go abroad or return home.

Section 5. REGISTRATION FOR PERSONS EXEMPT FROM ENLISTMENT DURING WAR TIME

Article 29.- The military service registrants, if being exempt from enlistment in war time under the Law on Military Service, shall be crossed out from the list of military service registrants for separate management. Within ten days, the military service registrants who receive the decisions on appointment to positions entitled to enlistment exemption in war time, the agencies or organizations where such persons work shall send their representatives to bring such appointment decisions, the military service registration certificates of those persons to the district-level Military Commands for carrying out the procedures to cross them out from the list of military service registrants.

Article 30.- The persons who have been crossed out from the lists of military service registrants as provided for in Article 29 of this Decree, if they no longer hold the positions entitled to enlistment exemption in war time but are still subject to military service registration must make re-registration. Within ten days as from the date they no longer hold the positions entitled to enlistment exemption in war time, the agencies or organizations where such persons work shall send their representatives to the district-level Military Commands to carry out the procedures for re-registration for such persons.

Article 31.- The management of persons entitled to enlistment exemption during war time shall be prescribed by the Defense Minister.

Section 6. SUBJECTS EXCLUDED FROM MILITARY SERVICE REGISTRATION

Article 32.- The persons entitled to the exclusion from military service registration shall include:

1. The persons who have already made the military service registration but die or get crippled, suffer from mental diseases or other chronic ailments defined in Clause 3, Article 9 of this Decree.

2. Persons who are no longer in the age group for service in the reserve armymen rank.

Article 33.- Annually, the district-level Military Commands decide to exclude from the lists of military service registrants persons of the category defined in Article 32 of this Decree.

Chapter IV

REGIME, POLICIES AND BUDGETS FOR MILITARY SERVICE REGISTRATION

Article 34.- The to be-enlisted persons and reserve armymen, while making the military service registration and health checks, shall enjoy the following regimes:

1. If being officials, employees and workers enjoying salaries and wages from the State budget, they shall be fully paid with their wages and other allowances (if any), travel fares and trip allowances by their establishments where they work according to the current regimes.

2. Other subjects shall be provided with travel fares, expenses for meals and accommodation during the time they wait for the registration and health checks according to the current regimes.

Article 35.- Expenses for military service registration shall be covered by local budgets, which include the following:

1. Expense for printing of books, forms and tables for military service registration.

2. Expense for organizing the military service registration at district and commune levels.

3. Expenses for other activities related to military service registration.

Chapter V

TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN MILITARY SERVICE REGISTRATION

Article 36.- The Defense Minister directs the military service registration throughout the country; stipulates the military service registration reporting and inspecting regimes for the military offices at all levels and units under his management; stipulates the working regimes for the to be-enlisted persons and reserve armymen; prescribes the system of registration forms, tables, books, the management of the to be-enlisted persons and reserve army men.

Article 37.- The People’s Committees of all levels have the responsibility to direct the military offices of the same levels in carrying out the military service registration and managing the to be-enlisted persons and reserve armymen in their respective localities according to the provisions of this Decree and the stipulations of the Defense Minister.

Article 38.-

1. The Military Zone commanders, the chiefs of the Military Commands of the provinces and centrally-run cities have the responsibility to direct the military offices under their management in carrying out the military service registration.

2. The chiefs of the district-level Military Commands and the chiefs of the commune-level Military Commands have the responsibility to directly organize the military service registration.

Article 39.- The police offices of all levels shall, within the ambit of their respective tasks and powers, have the responsibility to:

1. Temporarily hold the military service registration certificates when the to be-enlisted persons or reserve armymen are being put in custody or temporarily detained.

2. Notify the district-level Military Commands in the localities where the to be-enlisted persons or reserve armymen are residing of their custody, detention or release within ten days after their custody, detention or release.

3. Notify the district-level Military Commands of the fact that the to be-enlisted persons or reserve armymen have been granted the permanent residence registration transfer, permanent residence registration papers or the definite temporary residence registration papers for monitoring and managing the military service registration.

4. Check the absence of to be-enlisted persons or reserve armymen when they are allowed to travel abroad with their passports granted by the Ministry of Public Security according to its competence.

5. Coordinate with local military offices and other relevant agencies in inspecting and handling violators of the regulations on military service registration.

Article 40.- The diplomatic offices have the responsibility to inspect the registration of absence of to be-enlisted persons or reserve army men when they are sent abroad with passports granted by the Ministry for Foreign Affairs according to its competence.

Article 41.- The district-level health bodies shall have to assume the prime responsibility for providing health checks for reserve armymen and health examinations for the to be-enlisted persons according to plans of the military offices of the same level.

Article 42.- The justice bodies with law-prescribed competence have the responsibility to inform the district-level Military Commands of the to be-enlisted persons� or reserve armymen�s name changes or death within ten days after they have changed their names or died.

Article 43.- The district-level Military Commands, upon receiving the extracts of courts� judgments that the to be-enlisted persons or reserve armymen have been striped off the right to service in the people�s armed forces, sentenced to jail or non-custodial reform, shall put them into the category of being not yet entitled to military service registration as provided for in Article 8 of this Decree.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 44.- Organizations and individuals with merits in military service registration shall be commended and/or rewarded according to the current law provisions.

Article 45.- Organizations and individuals that commit acts of violating the regulations on military service registration shall, depending the nature and seriousness of their violations, be handled according to law provisions.

Article 46.- The lodging and settlement of complaints, denunciations about violations of the regulations on military service registration shall comply with the provisions of the legislation on complaints and denunciations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 47.- This Decree takes effect 15 days after its signing and replaces Decree No. 48/HDBT of May 16, 1983 of the Council of Ministers (now the Government) promulgating the Regulation on Military Service Registration. All other regulations contrary to this Decree are hereby annulled.

Article 48.- The Defense Minister have the responsibility to guide the implementation of this Decree.

Article 49.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.