Luật 78/2015/QH13

Law No. 78/2015/QH13 dated June 19th, 2015, on military service

Nội dung toàn văn Law No. 78/2015/QH13 on military service


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.: 78/2015/QH13

Hanoi, June 19th, 2015

 

LAW

ON MILITARY SERVICE

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on military service.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for military service; tasks and competence of agencies, organizations, and individuals and regulations and policies on military service.

Article 2. Regulated entities

This Law applies to agencies, organizations, and individuals relating to military service.

Article 3. Interpretation of terms

In this Law, these terms can be construed as follows:

1. Call-up age means the age at which the citizen shall perform the military service in the regular armed forces or in the reserve forces of People's Army.

2. Military registration means the formulation of dossiers on military service of citizen at the age subject to military recruitment.

3. Enlistment means an activity in which the citizens perform the service in the regular armed force of People’s Army or the Coastguard for a certain duration.

4. Demobilization means an activity in which the non-commissioned officers/enlisted soldiers stop their service in People’s Army or the Coastguard.

5. Active duty non-commissioned officers/enlisted soldiers means citizens who are serving in the regular armed force of People’s Army or the Coastguard.

6. Reserve non-commissioned officers/enlisted soldiers means citizens who have registered to serve in reserve force of People’s Army.

7. Removal from reserve force means the activity in which reserve non-commissioned officers/enlisted soldiers are removed from reserve force of People’s Army.

8. Evasion of military service means the activity in which the citizens fail to comply with the order for registration for military service; order for pre-enlistment check-up; the call-up; the order for concentrated training, practicing or examination on readiness for mobilization/fighting.

Article 4. Military service

1. Military service is the glory of citizen to serving in People’s Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army.

2. Citizens at the age for military service, regardless of ethnics, sectors, faiths, religions, education levels, occupations or residences, shall complete the military service according to the regulations in this Law.

3. Any citizens who joins the Coastguard forces or People’s Army is considered as active duty military.

4. Citizens shall be recognized completing peacetime military service in the regular armed forces:

a) Core militiamen who have completed militia service with at least 12 months served as a standing militiaman;

b) Citizens who have completed service in Police departments of communes for at least 36 months;

c) Officials and civil servants and people having university degrees who have received training and granted rank of reserve officer;

d) Young people graduated from universities, colleges or vocational schools who volunteer to serve at economic-defense groups for at least 24 months according to the project decided by the Prime Minister;

dd) Citizens serving on fishery inspection cutters for at least 24 months.

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

All agencies, organizations, individuals and families are responsible for educating, encouraging and facilitating the citizens to perform military service.

Article 6. Military service in regular armed forces

1. Any male citizen at the call-up age shall perform the military service in regular armed force of People's Army.

2. Any female citizen at the age for military service in peacetime may perform military service in regular armed force if such citizen volunteers and on the demand of the armed force.

Article 7. Military service in reserve force

1. Male citizens at the call-up age shall perform the military service in reserve force in the following cases;

a) The male citizen older than the call-up age has not performed military service in regular armed force;

b) The male citizen stopped the military service in regular armed force;

c) The male citizen has stopped the service in People’s Army.

2. Females citizen at the call-up age that has profession skills conformable with the requirement of People’s Army may serve military service in reserve force.

The Government shall specify the profession mentioned in this Clause.

Article 8. Positions and rank titles of non-commissioned officers and enlisted soldiers

1. Positions of non-commissioned officers and enlisted soldiers

a) Deputy platoon leader and similar positions;

b) Squad leader and similar positions;

c) Deputy squad leader and similar positions;

d) Enlisted members.

2. Military ranks of non-commissioned officers and enlisted soldiers:

a) Master Sergeant;

b) Sergeant;

c) Corporal;

d) Private first class;

dd) Private.

3. Non-commissioned officers, enlisted soldiers in regular armed force and non-commissioned officers, enlisted soldiers in reserve force shall be granted or promoted brevets in proportion to positions; officers performing high-profile duties shall be granted brevet promotions before the regular date of promotion; officers performing extremely high-profile duties shall be granted brevets of a higher rank.

4. The Minister of National Defense is in charge of giving decisions on granting, promotion, demotion, revocation of rank titles; giving decision on accreditation, demotion, dismissal of duties; providing regulations on similar rank titles for positions of non-commissioned officers and enlisted soldiers specified in clauses 1 and 2 of this Article.

Article 9. Rights and obligations of non-commissioned officers and enlisted soldiers

1. The State shall ensure the preferential policies for non-commissioned officers and enlisted soldiers according to the characteristics of People’s Army.

2. Obligations of non-commissioned officers and enlisted members:

a) Be strictly loyal to the motherland, people, the Communist Party and the State of the Socialist Republic of Vietnam;

b) Always ready to fight and sacrifice their lives for the independence, sovereignty, unity and territorial integrity of Vietnam; protect People, Communist Party, the State and socialist regime; complete all assigned tasks and perform international duties;

c) Protect properties and benefits of the State, agencies, organizations; protect lives, properties and lawful rights and interests of People; participate in protection of national security and social order and safety according to the provisions of laws;

d) Strictly comply with the lines and policies of Communist Party, policies and laws of the State, regulations and instructions of People’s Army;

dd) Participate in training in politics, military, culture, science, technique, specialist skills; improve the organization, discipline and physical fitness; increase political stuff, fighting skill and spirit.

Article 10. Prohibited acts

1. Evasion of military service.

2. Opposition, obstacle to the performance of military service.

3. Deceitfulness in pre-enlistment medical check-up.

4. Misuse of power to commit violation against the regulations on military service.

5. Use of non-commissioned officers and/or enlisted soldiers unconformably to the provisions of laws.

6. Offence to non-commissioned officers and/or enlisted soldiers.

Chapter II

MILITARY REGISTRATION AND MANAGEMENT OF CITIZEN AT THE AGE SUBJECT TO MILITARY RECRUITMENT

Article 11. Principles of military registration and management of citizen at the age subject to military recruitment

1. Conformable with the entities, procedures and policies prescribed in the laws.

2. Constant, transparent and convenient for citizens.

3. The management shall be close to have exact information about quality, quantity and records of citizens subject to military service.

4. Any modification in residence of citizens subject to military service shall be registered and managed according to the laws.

Article 12. Entities subject to registration for military service

1. Male citizens turn 17 years old and above

2. Female citizens specified in clause 2 Article 7 of this Law turn 18 years old and above.

Article 13. Entities must not register for military service

1. Citizens in any of the following cases must not register for military service:

a) Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;

b) Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;

c) Any citizen whose right to serve in People’s armed forces is revoked.

2. When the duration of measures specified in clause 1 of this Article expired, the citizen may register for military service.

Article 14. Entities eligible for exemption from military service

The disabled, people with fatal diseases, mental illness or chronic diseases according to the law provisions may enjoy exemption from military service.

Article 15. Military service registration receiving agencies

1. Military Commands of communes shall be responsible for the registration of residents in local area.

2. Military Commands of agencies/organizations of shall be responsible for military service registration of citizens working or studying in such agencies/organizations then collect and report to Military Commands of districts in local areas. If an establishment does not have Military Command, the heads or legal representatives of such agencies/organizations shall direct the citizen to register for military service in their local areas.

Article 16. Initial registration for military service

1. In every January, Presidents of People’s Committees of communes, heads or legal representatives of agencies/organizations report to Military Commands of districts the List of male citizens who turn 17 years old and male citizens subject to military service that have not registered for military service.

2. In every April, Military Commander of districts shall send the call-up papers to citizens specified in clause 1 of this Article to perform initial registration for military service.

3. Citizens shall perform initial registration for military service at military service registration receiving agencies specified in Article 15 of this Law.

Article 17. Supplemental registration for military service; military service registration in case of change in residence or workplace/school; registration for absenteeism from military service; registration for exemption from military recruitment in wartime

1. Supplemental registration for military service:

Any citizen having registered for military service who has changes in position, educational level, qualification, health conditions and other information relating to military service shall make supplemental registration at military registration receiving agencies.

2. Military service registration in case of change in residence or workplace/school:

a) Any citizen having registered for military service who has changes in place of residence, workplace or school shall come to the agencies where he/she has registered for military service to carry out the procedures for modification of military service registration; within 10 working days from the day on which a citizen move to the new place of residence/work/study, he/she shall make military service re-registration.

b) Any citizen having registered for military service who is going to study at vocational education institutions or higher education institutions of national education system shall come to the agencies where he/she has registered for military service to carry out the procedures for modification of military service registration; after the studying period, such citizen shall carry out the procedures for military service re-registration. Heads of educational institutions shall provide citizens with conditions and guidelines for military service registration and modification of military service registration.

3. Registration for absenteeism from military service:

Any citizen having registered for military service who leaves his/her residential place, workplace or schools for 03 months or more shall register for absenteeism from military service; if such citizen returns his/her place of resident/work/study, he/she shall make re-registration for military service within 10 working days.

4. Citizens eligible for exemption from military recruitment in wartime shall make registration according to the regulations of the Government.

Article 18. Registration for military service in reserve force

1. Male citizens prescribed in point a clause 1 Article 7 of this Law.

2. Female citizens prescribed in clause 2 Article 7 of this Law.

3. Citizens subject to military service in any of the following cases:

a) Demobilized non-commissioned officers/soldiers;

b) Specialized soldiers, national defense officials that stop to serve in People’s Army/Coastguard force;

c) Citizens having stopped the service in People’s Army.

Article 19. Elimination from list of people registering for military service

1. Citizen shall be eliminated from list of people registering for military service in the following cases:

a) Die;

b) Exceed the age for military service in reserve force;

c) The cases specified in clause 1 Article 13 or 14 of this Law.

2. Within 10 days from the day on which the confirmation of competent authorities is received, Military Command of communes, establishments where the citizens specified in clause 1 of this Article work or study at shall report to the Military Command for decision.

Article 20. Responsibilities and powers of agencies, organizations, and individuals in military service registration and management of citizens subject to military service

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

2. The Minister of National Defense shall direct and provide guidance for military service registration, issue the system of registration form for military service, regime for reporting and inspecting the registration for military service; carry out the management of citizens subject to military service; establish and manage constantly the database about military service.

3. People’s Committees at all levels are responsible for directing the military service registration and management of citizens subject to military service in local areas according to the law provisions.

4. Military agencies of districts/communes within their tasks and powers shall:

a) Organization the military service registration and issue the certificates of military service registration;

b) Preside over, cooperate with relevant agencies in the management of citizens subject to military service.

5. Police departments of districts/communes within their tasks and powers shall:

a) Promptly notify the Military Commands of the same levels where the citizen subject to military service is living

b) Notify the Military Commands of same levels of the changes in permanent residence, absence, stating of citizens subject to military service for management of military service registration;

c) Cooperate with local military agencies and relevant agencies in inspecting and handling violations against regulations on military service registration.

6. Relevant agencies and organization shall cooperate with military agencies of same levels in the implementation of regulations on registration for military service and management of citizens subject to military service.

Chapter III

PERFORMANCE OF ACTIVE DUTY NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS AND RESERVE NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS

Section 1: PERFORMANCE OF ACTIVE DUTY NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS

Article 21: Duration of service in regular armed force of non-commissioned officers/enlisted soldiers

1. Duration of service in regular armed force in peacetime of non-commissioned officers/enlisted soldiers is 24 months.

2. The Minister of National Defense may give decision on extension of duration of service in regular armed force of non-commissioned officers/enlisted soldiers in the following cases (the extension shall not exceed 6 months):

a) To ensure the readiness for combat;

b) During the prevention and fighting against natural disasters/epidemics and the rescue activities.

3. The duration of service of non-commissioned officers/enlisted soldiers in wartime or in emergency condition of national defense shall be in accordance with the general mobilization or local mobilization.

Article 22: Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers

1. Duration of service in regular armed force of non-commissioned officers/enlisted soldiers is calculated from the day on which the soldiers are transferred or from the day on which People's Army accept the soldiers to the demobilized day decided by competent authorities.

2. The duration of desertion and time of serving the temporary prison sentence shall not be included in duration of service in regular armed force.

Article 23. Performance of non-commissioned officers/enlisted soldiers with professional knowledge

1. Non-commissioned officers/enlisted soldiers with professional skill and knowledge who perform military service shall be prioritized in assignment to positions appropriate with the demand of the army according to the regulations issued by the Minister of National Defense.

2. If a non-commissioned officer/enlisted soldier who has completed military service in regular armed force or is serving in reserve force and satisfies the requirements of the army volunteers (and the army has demand), such officer/soldier shall be transferred to serve as an army commissioned officer, a professional soldier or a defense official according to the law provisions.

Section 2: PERFORMANCE OF RESERVE NON-COMMISSIONED OFFICERS/ENLISTED SOLDIERS

Article 24. Grade of reserve non-commissioned officers/enlisted soldiers

1. Non-commissioned officers and enlisted soldiers are classified in to grade 1 reserve non-commissioned officers/enlisted soldiers and grade 2 reserve non-commissioned officers/enlisted soldiers.

2. Grade 1 reserve non-commissioned officers/enlisted soldiers:

a) Non-commissioned officers/enlisted soldiers who are demobilized after at least 6 months serving in regular armed force;

b) Non-commissioned officers/enlisted soldiers who are demobilized after participating in combat;

c) Male citizens having stopped the service in People’s Army after 20 months serving there;

d) Male citizens being professional soldiers who have stopped serving in regular armed force;

dd) Female citizens being defense officials who are transferred from resigned non-commissioned officers/enlisted soldiers;

e) Core militiamen who have completed militia service with at least 12 months served as a standing militiaman or have finished the concentrated training in 3 months or more;

g) Citizens being grade 2 reserve enlisted soldiers who have finished the concentrated training in 6 months or more;

h) Citizens who have completed service in Police departments of communes for at least 36 constant months.

3. Grade 2 reserve enlisted soldiers:

a) Male citizens being mobilized enlisted soldiers after less than 06 months serving in regular armed force;

b) Defense officials other than those specified in point dd clause 2 of this Article 2 who have resigned;

c) Male citizens having stopped the service in People’s Army after less than 12 months serving there;

d) Male citizens older than the age subject to military recruitment who have not performed military service in regular armed force and joined People’s Army;

dd) Female citizens who have registered for military service as prescribed in clause 2 Article 12 of this Law.

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

Service age of reserve non-commissioned officers and enlisted soldiers:

1. Male citizens under 46 years old;

2. Female citizens under 41 years old.

Article 26. Groups of service age of reserve non-commissioned officers and enlisted soldiers

1. Groups of service age of reserve non-commissioned officers and enlisted soldiers:

1. Group A: Male citizens under 36 years old, female citizens under 31 years old;

2. Group B: Male citizens from 36 to under 46 years old, female citizens from 31 to under 41 years old.

Article 27.Training, practice, examination on the readiness for mobilization or fighting of reserve non-commissioned officers/enlisted soldiers

1. Regarding grade 1 reserve non-commissioned officers/enlisted soldiers:

a) Grade 1 reserve non-commissioned officers/enlisted soldiers shall participate in training, practice and examination on the readiness for mobilization/fighting in mobilized reserve force for not more than 12 months;

b) Annually. the Prime Minister shall decide the quantity of grade 1 non-commissioned officers/enlisted soldiers subject to concentrated training/practice/examination on the readiness for mobilization/fighting;

c) Pursuant to the decision of the Prime Minister, the Minister of National Defense shall assign the tasks for the army units; regulate the amount of training and its duration. During the training, non-commissioned officers/enlisted soldiers may be gathered for examination on the readiness for mobilization/fighting for not more than 07 days; if necessary, non-commissioned officers/enlisted soldiers shall received extra training for not exceeding 02 months and within the duration specified in point a clause 1 of this Article.

2. The training for grade 2 reserve enlisted soldier shall conform to the regulations of the Government.

Article 28. Medical examination for reserve non-commissioned officers/enlisted soldiers

1. Reserve non-commissioned officers/enlisted soldiers who have been included in mobilized reserve units shall undergo medical examinations before the concentrated training/practice.

2. People’s Committees of districts shall direct the Office of health to cooperate with relevant agencies in organizing medical examination for reserve non-commissioned officers/enlisted soldiers.

Article 29. Removal from the reserve force

Any reserve non-commissioned officers/enlisted soldiers older than the age subject to reserve service or has health conditions unconformable to serve in reserve force shall be removed from the force according to the Military Commander of districts.

Chapter IV

ENLISTMENT AND DEMOBILIZATION IN PEACETIME

Section 1: CONSCRIPTION

Article 30. Age subject to conscription

Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.

Article 31. Requirements for conscription and service in People’s Army force

1. A citizen shall be conscripted into the army if he/she satisfies the following conditions:

a) Have conformable profile;

b) Strictly comply with the lines and policies of Communist Party, policies and laws of the State;

c) Have full health for service on active duty according to the regulations;

d) Have appropriate education level.

2. Requirements for service in People’s Army force are specified in Article 7 of the Law on People’s Army.

Article 32. Recognition of active duty enlisted soldiers

Any citizen turning to 17 years old and wishing to permanently serve in People’s Army who satisfies the requirements prescribed in the laws and is studying in a military academy shall be recognized active duty enlisted soldiers.

Article 33. Time of conscription and performance of military service in the People’s Police force

Annually, citizens shall be conscripted and requested to perform military service in People’s Army or People’s Police in February or March; in case of necessity for defense purposes, the conscription shall be carried out the second time. Regarding areas with disaster or dangerous epidemic, time for conscription and service in People’s Army or People’s Police shall be adjusted.

Article 34. Competence in decision on request for conscription and service in People’s Army force

1. The Prime Minister shall decide the time and quantity of citizens subject to conscription and service in People’s Army or People’s Police in provinces; give decision on request for the second request for conscription and service in People’s Army or People’s Police; give decision on adjustment of quantity and time of request for conscription and service in People’s Army in provinces according to the regulations in Article 33 of this Law.

2. Pursuant to the decision of the Prime Minister, the Minister of National Defense and the Minister of Public Security shall give decisions on the quantity of citizens subject to conscriptions and service in People’s Army or People’s Police assigned to each affiliated unit in each province.

3. Presidents of the People’s Committees of provinces shall give decision on assignment of enlisted soldiers to districts.

4. The Commanders of military agencies in provinces/districts, Director of Police department of provinces, Head of police department of the districts shall be responsible for consulting the President of the People’s Committees of the same level on the quantity of citizens who are enlisted for service in People’s Army or People’s Police; direct the selection of citizens for enlisting and performing service in People’s Army or People’s Police.

5. Presidents of People’s Committees of districts shall make decision on assignment of citizens who shall be enlisted for service in People’s Army or People’s Police in communes and local organizations; give decision on lists of citizens subject to conscription and service in People’s Army or People’s Police at the request of Board of military service at the same level.

6. The Commander of Military of districts shall send a call-up paper to each citizen requesting them to join the army; head of Police departments of districts shall send a call-up paper to each citizen requesting them to perform the service in People’s Army. The conscription and call-up for service in People’s Army shall be sent to the citizens at least 15 days before the time prescribed in the order.

Article 35. Responsibilities of agencies, organizations, and individuals in the selection and order for conscription and service in People’s Army or People’s Police

1. People’s Committees at all levels, regulatory agencies shall be responsible for the selection and request for conscription and performance of service in People’s Army or People’s Police, ensuring the democracy, justice, transparency and the conformity of quantity, objects, conditions and time with the law provisions; ensuring that citizens called up for military service and service in People’s Army/People’s Police attend at right time and right place.

2. People’s Committees of districts shall transferred the citizens subject to conscription and service in People’s Army or People’s Police to the agencies in charge of accepting enlisted people and direct the organization of soldier accepting ceremony according to the regulations.

3. People’s Committees of communes and relevant agencies/organizations shall publish at their head offices the quantity, entities and conditions for conscription; list of citizens liable for call-up and service in People’s Army; list of citizens receiving orders for enlistment for service in People’s Army or People’s Police; list of citizens getting their military service postponed or exempted.

4. Agencies in charge of accepting enlisted people shall cooperate with People’s Committees at all levels in carrying out the selection and call-up and performance of service in People’s Army or People’s Police.

5. Any citizen who has received order for conscription and performance of service in People’s Army or People’s Police shall attend at the time and place written in the order; any absence shall has good and sufficient reason and shall be approved by People’s Committee of commune where he/she lives or by the offices or institutions where he/she is working/studying and shall be reported to the Military Commander of districts/ Head of Police department of the district.

Article 36. Military Service Board

1. People’s Committees at all levels shall establish a Military Service Board to assist the People’s Committee at the same level to implement the law provisions on military service.

2. A Military Service Board shall include:

a) Regarding Military Service Boards of provinces/districts:

The President of Military Service Board shall be President of the People’s Committee of province/district;

The Standing Vice President of Military Service Board shall be the Commander of military agencies of provinces/districts;

The Vice President of Military Service Board shall be Director of Police Department of province/Head of Police department of district;

Members of the Military Service Board shall be heads of Committee of Vietnamese Fatherland Front, Vietnamese Confederation of Labor, Communist Youth Union of Ho Chi Minh City, Vietnam Women's Union, Vietnam Farmer’s Union, Vietnam War Veteran Union and a number of specialized agencies affiliated to People’s Committee decided the President of People’s Committee at the same level;

b) Regarding Military Service Boards of communes:

The President of Military Service Board shall be President of the People’s Committee of commune;

The Standing Vice President of Military Service Board shall be the Military Commander of commune;

The Vice President of the Military Service Board shall be Head of Police department of commune;

Members of the Military Service Board shall be heads of Committee of Vietnamese Fatherland Front, Vietnamese Confederation of Labor, Communist Youth Union of Ho Chi Minh City, Vietnam Women's Union, Vietnam Farmer’s Union, Vietnam War Veteran Union, Healthcare organizations; justice – civil status officials, financial – accounting officials and others as prescribed by the President of People’s Committee.

3. The Military Service Board shall be operated on the principle of collectives; take responsibilities to People’s Committee of the same level for the performance of military service in local area; any Resolution of the Board shall be approved by more than a half of its members to come into effect.

Article 37. Responsibilities of Military Service Board of provinces

1. Assist People's Committees of provinces to monitor and expedite relevant organizations/agencies to organize the registration for military service and management of citizens subject to military service; prepare the military service in regulatory armed force, formulate plans on selection and order for conscription and service in People’s Army or People’s Police; provide training for reserve non-commissioned officers/enlisted soldiers and comply with the policies for non-commissioned officers/enlisted soldiers; steer and provide guidance for the operation of Military Service Boards of districts.

2. Assist Presidents of the People’s Committees of provinces to consider and decide the complaints and denunciations from citizens in the implementation of the law provisions on military service.

Article 38. Responsibilities of Military Service Board of districts

1. Assist People’s Committees of districts to carry out the selection of citizens for enlistment and performance of service in People’s Army or People’s Police; steer People’s Committees of communes to organize the implementation of law provisions on military service and direct the operation of Military Service Boards of communes.

2. Report to People’s Committees of districts the decision on list of citizens who are conscripted or have the military service postponed or exempted.

3. Assist People’s Committees of districts to organize the transfer of the citizens who are conscripted and perform service in People’s Army; organize the accepting of demobilized non-commissioned officers/enlisted soldiers.

4. Assist People’s Committees of districts to supervise and direct relevant agencies/organizations in the implementation of policies for the rear and manage the citizens subject to military service in local areas.

5. Assist Presidents of the People’s Committees of districts to consider and decide the complaints and denunciations in the implementation of the law provisions on military service.

Article 39. Responsibilities of Military Service Board of communes:

1. Assist People’s Committees of communes to propagate and disseminate the law provisions on military service; organize the military service registration and pre-enlistment medical check-up.

2. Report to People’s Committees of communes and Military Service Boards of districts the list of citizens who are conscripted or have the military service postponed or exempted.

3. Facilitate the compliance with the order for enlistment and performance of service in People’s Army or People’s Police; order for concentrated training, practice, order for examination on the readiness for mobilization/fighting.

4. Assist People’s Committees of communes to supervise and direct relevant agencies/organizations in the implementation of policies for the rear and manage the citizens subject to military service in local areas.

5. Assist Presidents of the People’s Committees of communes to consider and decide the complaints and denunciations in the implementation of the law provisions on military service.

Article 40. Pre-enlistment medical check-up for citizens

1. Presidents of People’s Committees of districts shall issue the decision on establishment of Pre-enlistment check-up board at the request of Offices of Health of the same levels.

2. The Military Commander of district is in charge of issuing order for medical examination for citizens subject to conscription; Head of Police department of the district is in charge of issuing order for medical examination for citizens subject to service in People’s Army. The order for medical examination shall be sent to the citizens at least 15 days before the date of examination.

3. The Pre-enlistment check-up board of districts shall provide medical examination for citizens subject to enlistment and service in People’s Army; in case of necessity, the Pre-enlistment check-up board of districts shall decide the subclinical examination, including examination for drugs, HIV; ensuring the accuracy and taking responsibilities for the result of pre-enlistment check-up.

4. The pre-enlistment check-up shall be conducted from November 01st to December 31st of every year. Time of the second pre-enlistment check-up shall be according to the regulations in Article 33 of this Law and decided by the Prime Minister.

5. The results of medical examination shall be posted at the head office of People’s Committees of communes and relevant organizations/agencies within 20 days.

Section 2: POSTPONEMENT AND EXEMPTION FROM CONSCRIPTION

Section 41: Postponement and exemption from conscription

1. These following citizens shall have conscription postponed:

a) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

b) Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;

c) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;

d) Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;

dd) Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;

e) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;

g) Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.

2. These following citizens shall have conscription exempted:

a) Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;

b) Any citizen who is a brother of revolutionary martyrs;

c) Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;

d) Any citizen carrying out essential tasks who is not a soldier or a People’s Army;

dd) Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;

3. Citizens eligible for postponement of conscription prescribed in clause 1 of this Article shall be called up for military service if the reason for postponement is no longer available.

Citizens eligible for postponement or exemption from conscription prescribed in clauses 1 and 2 of this Article who volunteer to join the army shall be consider selecting and calling up.

4. Lists of citizens eligible for postponement or exemption from conscription shall be posted publicly at head offices of People’s Committees of communes and/or relevant organizations/agencies for 20 days.

Section 42: Competence in giving decisions on postponement and exemption from conscription and recognition for completion of active duty military service

1. Presidents of People’s Committees of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in Article 41 of this Law.

2. The Military Commanders of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in clause 4 Article 4 of this Law.

Section 3: DEMOBILIZATION

Article 43. Conditions for demobilization

1. Any non-commissioned officers/enlisted soldiers who has performed the active duty military for the period of time specified in clauses 1 and 2 Article 21 of this Law shall be demobilized.

2. A non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case the Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service or the cases specified in points b and c clause 1; points a, b and c clause 2 Article 41 of this Law.

Article 44. Competence and responsibilities for giving decision on demobilization

1. The Minister of National Defense is in charge of issuing annual decisions on demobilization for active duty non-commissioned officers/enlisted soldiers.

2. Commanders of regiment levels and higher are responsible for giving decision on demobilization for inferior non-commissioned officers/enlisted soldiers; organizing demobilization ceremonies for non-commissioned officers/enlisted soldiers who have finished military service in regular armed force and return them to People’s Committees of districts.

3. Time of demobilization shall be notified to non-commissioned officers/enlisted soldiers and the People’s Committees of districts assigning the soldiers or the offices/schools where such non-commissioned officers/enlisted soldiers have worked/studied before enlisting into the armed forces at least 30 days before the time of demobilization.

4. People’s Committees of districts/communes and relevant organizations shall organize the receipt of demobilized non-commissioned officers/enlisted soldiers.

Article 45: Responsibilities of non-commissioned officers/enlisted soldiers

Demobilized non-commissioned officers/enlisted soldiers; non-commissioned officers/soldiers having completed the service in People’s Army who come back to their offices/schools shall register for military service in reserve forces within 15 working days.

Chapter V

ENLISTMENT ACCORDING TO THE MOBILIZATION, DEMOBILIZATION AT THE CANCELATION OF WAR CONDITIONS OR EMERGENCY CONDITIONS OF NATIONAL DEFENSE

Article 46. Call-up according to order for mobilization

When the order for general mobilization/local mobilization is issued, the call-up shall be performed according to the decision of the Prime Minister and the order of the Minister of National Defense.

Article 47. Responsibilities of agencies, organizations and individuals in the fulfillment of mobilization order

1. When the order for general mobilization/local mobilization is issued, the Minister of National Defense shall issue an order for suspension of demobilization/leave applicable non-commissioned officers/enlisted soldiers; any non-commissioned officers/enlisted soldiers who are on leave shall come back to his/her military unit.

2. The Military Commander of districts shall issue order for calling up the citizens according to the decision of the President of the People’s Committee at the same level.

3. Citizens receiving the call-up shall attend at the time and place written in the order.

4. People’s Committees of communes and relevant organizations shall facilitate the strict compliance with the call-up.

Article 48. Demobilization at the cancelation of war conditions or emergency conditions of national defense

1. When the cancelation of orders for general mobilization/local mobilization is issued, the Prime Minister shall give decision on the demobilization of non-commissioned officers/enlisted soldiers.

2. Competence and responsibilities for the demobilization of non-commissioned officers/enlisted soldiers shall conform to the regulations in Article 44 of this Law.

Chapter VI

POLICIES AND FUNDING FOR PERFORMANCE OF MILITARY SERVICE

Article 49. Policies for citizens during the time of registration for military service, medical examination

1. Any citizen who is working at an office/organization shall have salary and allowances unchanged during the registration for military service or pre-enlistment medical check-up.

2. Any citizen who register for military service or undergo pre-enlistment medical check-up shall be ensured food and accommodation during the registration/check-up and the travel expenses.

3. The Government shall provide details and guidance on this Article.

Article 50. Policies for active duty non-commissioned officers/enlisted soldiers, demobilized non-commissioned officers/enlisted soldiers and their family

1. Regarding non-commissioned officers/enlisted soldiers during service in regular armed forces:

a) Provided promptly and sufficiently with conformable food, military equipment, medicine; provided with accommodation, monthly allowances, necessaries and cultural and spiritual needs according to characteristic and tasks of service; provided with incentives in holidays; provided with medical care according to the laws;

b) From the 13th month, active duty non-commissioned officers/enlisted soldiers may apply for leave under the regime; other irregular absence shall be regulated by the Minister of National Defense;

c) From the 25th month, active duty non-commissioned officers/enlisted soldiers may receive 250% of current monthly rank allowances;

d) Counted as a member of family when his/her family is allocated or adjusted an area of housing, residential land and/or farmland;

dd) Having the time duration on active duty included in working period of time;

e) Provided with preferential postage;

g) Provided with awards for good performance in combat, service or practice according to the law provisions;

h) Any active duty non-commissioned officers/enlisted soldiers who is injured or ill during the duty shall receive preferential regime according to the law provisions;

i) Covered by social insurance and medical insurance according to the Law on social insurance and the Law on medical insurance;

k) Any active duty non-commissioned officers/enlisted soldiers being members of disadvantaged households or students that receives loans from Vietnam Bank for Social Policies shall received a postponement of payment without interest according to the law provisions;

l) Provided with incentives in military enrollment.

2. Regarding relatives of active duty non-commissioned officers/enlisted soldiers:

a) Parents; parents in law; legal fosterers; wife or husband; children, legal adopted children of active duty non-commissioned officers/enlisted soldiers may have the benefits of medical insurance policyholders according to the regulations in the Law on medical insurance and have the difficulty subsidies funded from the state budget;

b) Children, legal adopted children of active duty non-commissioned officers/enlisted soldiers may get exemption from tuition fee when learning at public or non-public compulsory education institutions according to the law provisions on tuition fee exemption;

c) Regarding active duty non-commissioned officers/enlisted soldiers who die when carrying out their duty, their family may be provided with incentives according to the law provisions.

3. Regarding demobilized non-commissioned officers/soldiers:

a) Provided with fares and allowances for travel, demobilization allowance;

b) People who were studying at schools affiliated to vocational education institutions or higher education institutions before enlistment shall have the study results reserved and may continue their study at such schools;

c) Having preference when finding jobs;

d) Before the enlistment, if a person was working at a regulatory agency, political organization or a socio-political organization, then when he/she is demobilized, such agency/organization shall arrange him/her the job with earnings not lower than those of the one before they enlisted; if such agency/organization has been dissolved, the direct superior shall arrange appropriate job for him/her;

dd) Before the enlistment, if a person was working at an economic organization, then when he/she is demobilized, such organization shall arrange him/her the job with earnings not lower than those of the one before they enlisted; if such organization has been shutdown, dissolved or bankrupt, such person shall be handled according to the policies applicable to other employees;

e) Having benefits from social insurance according to the provisions of Law on social insurance;

g) Non-commissioned officers/enlisted soldiers that are demobilized according to the regulations in clause 1 Article 43 and clause 1 Article 48 of this Law who come back to their local areas shall get preferences in finding jobs and enrollment and recruitment of officials and civil servants; such people shall get 100% of salary and allowances of the recruitment rank in proportion to their training level.

4. The Government shall provide details and guidance for this Article.

Article 51. Policies for reserve non-commissioned officers/enlisted soldiers

If a reserve non-commissioned officer/enlisted soldier is ready for mobilization/fighting during the concentrated training/practicing, himself/herself and his/her family shall get incentives according to the regulations of the Government.

Regarding active duty non-commissioned officers/enlisted soldiers who are injured, ill or die when carrying out their duty, they themselves and their family may be provided with incentives according to the law provisions.

Article 52. Responsibilities of relevant agencies/organizations in the implementation of policies for families of non-commissioned officers/enlisted soldiers

People’s Committees at all levels and relevant agencies/organizations within their functions and power shall implement the policies applicable to families active duty non-commissioned officers/enlisted soldiers and reserve non-commissioned officers/enlisted soldiers/

Article 53. Fundings for assurance of performance of military service

1. The state budget shall cover the expenditure of performance of military service of Ministries and central agencies.

2. The local budget shall cover the expenditure of performance of military service of local agencies, organizations and units.

3. Expenditure of performance of military service of other enterprises/organizations shall be paid by such enterprises/organizations themselves.

4. The Government shall provide details and guidance for this Article.

Chapter VII

RESPONSIBILITIES AND POWER OF RELEVANT AGENCIES/ORGANIZATIONS

Article 54. State management agencies in charge of military service

1. The Government shall be responsible for the constancy in management of military service nationwide.

2. The Ministry of National Defense shall assist the Government to carry out the management of military service.

3. Ministries, ministerial-level agencies shall cooperate with the Ministry of National Defense to carry out the management of military service within their competence.

Article 55. Responsibilities of the Ministry of National Defense

1. Promulgate or request a competent authority to promulgate the legislative documents on military service.

2. Comply with the legislative documents on military service.

3. Carry out propagation, dissemination and conduct training in regulations on military service.

4. Conduct inspections, provide award, handle commit violations; handle complaints and denunciation in terms of military service according to the law provisions.

5. Reckon up the implementation of laws on military service.

Article 56. Responsibilities and power of Ministries, ministerial-level agencies

1. The Ministry of Public Security shall direct local Police departments to cooperate with the army agencies at the same levels in the implementation of the law provisions on military service.

2. The Ministry of Health shall direct local medical agencies to cooperate with the army agencies at the same levels in providing pre-enlistment check-up, preside over and cooperate with the Ministry of National Defense to provide standards of health eligible for performing military service.

3. The Ministry of Education and Training shall preside over and cooperate with the Ministry of National Defense to direct and guide the educational institutions to comply with the law provisions on military service and provide training for officials and technical specialized staff of the army force according to the decision of the Prime Minister.

4. The Ministry of Labor, War Invalids and Social Affairs shall be responsible for implementing the policies on the rear for families of non-commissioned officers/enlisted soldiers; policies on vocational training, careers for non-demobilized commissioned officers/enlisted soldiers; direct and guide the affiliated vocational education institutions to provide the training for officials and technical specialized staff of the army force according to the decision of the Prime Minister.

5. the Ministry of Information and Communications shall direct the public information agencies to propagate and disseminate the regulations on military service according to the law provisions.

6. Ministries, ministerial-level agencies and relevant agencies/organizations within their tasks and power shall cooperate with the Ministry of National Defense in implementing the law provisions on military service.

Article 57. Responsibilities of Vietnamese Fatherland Front and the member organizations

Vietnamese Fatherland Front and its member organizations within their tasks and power shall supervise the implementation of the law provisions on military service of agencies, organizations, and individuals.

Article 58. Responsibilities and power of People’s Committees at all levels

1. Direct the implementation of law provisions on military service in local areas.

2. Organize the registration and management of citizen at the age subject to military recruitment.

3. Take responsibilities for the quantity and quality of citizens who are enlisted, citizens performing the military service in People's Police and citizens serving in reserve force of People’s Army.

4. Within their tasks and power, conduct inspections of the implementation of the laws on military service in local areas.

Chapter VIII

HANDLING OF VIOLATIONS

Article 59. Handling of violations

1. Any organizations/individuals that evades, opposes or obstructs the performance of military service shall be disciplined, incur administrative penalties or shall face criminal prosecution according to nature and severity of the violations.

2. If an active duty non-commissioned officer/enlisted soldier commits violations against the discipline or law provisions during the training/practice/examination on the readiness for mobilization/fighting, then he/she shall incur disciplinary measures, administrative penalties or criminal prosecution according to nature and severity of the violations; any damage shall be compensated according to the law provisions.

Article 60. Disciplinary measures applicable to non-commissioned officers/enlisted soldiers

1. Disciplinary measures applicable to non-commissioned officers/enlisted soldiers:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

dd) Military rank demotion;

e) Revocation of military honor.

2. the Minister of National Defense is responsible for regulating the application of disciplinary measures, time limit, procedures and competence in disciplinary penalties applicable to non-commissioned officers/enlisted soldiers.

Chapter IX

IMPLEMENTARY CLAUSE

Article 61. Effect

1. This Law comes into effect from January 01st, 2016.

2. Law on military service dated December 30th, 1981; Law on amendments to a number of articles of the Law on military service dated December 21st, 2990; Law on amendments to a number of articles of Law on military service dated June 22nd, 1994 and Law on amendments to a number of articles of Law on military service No. 43/2005/QH11 dated June 14th, 2005 shall be annulled by the effect of this Law.

Article 62. Implementation guidance

The Government and the Ministries shall detail and guide the implementation of this Law.

This Law was ratified on June 19th, 2015, by the XIIIth National Assembly at its 9th session.

 

 

CHAIRMAN OF NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

 


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Thuộc tính Văn bản pháp luật 78/2015/QH13

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Số hiệu78/2015/QH13
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Ngày ban hành19/06/2015
Ngày hiệu lực01/01/2016
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            Law No. 78/2015/QH13 on military service
            Loại văn bảnLuật
            Số hiệu78/2015/QH13
            Cơ quan ban hànhQuốc hội
            Người kýNguyễn Sinh Hùng
            Ngày ban hành19/06/2015
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                Văn bản gốc Law No. 78/2015/QH13 on military service

                Lịch sử hiệu lực Law No. 78/2015/QH13 on military service

                • 19/06/2015

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