Annually, in accordance with legal regulations, localities undertake the procedures of selection and conscription, summoning citizens for military service obligations. So what exactly are military service obligations? Who is required to fulfill these obligations? In cases of evasion of military service duties, what are the repercussions? YBS Law Firm will address these questions in the following article:

What is military service?

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The 2015 Military Service Law stipulates:

“Military service obligation' is the glorious duty of citizens to serve in the People's Army. Fulfilling military service obligations includes serving in active duty and serving in the reserve ranks of the People's Army”.

"Citizens within the eligible age range for military service, regardless of ethnicity, social background, belief, religion, education level, profession, or place of residence, are obligated to fulfill military service obligations as prescribed by this Law."

What is military service registration?

Registration for military service obligations as stipulated in Clause 2, Article 3 of the 2015 Military Service Law entails: “establishing records of military service obligations for citizens within the eligible age range for military service” and is detailed in Articles 6, 7, and 12 of the 2015 Military Service Law. Accordingly, the registration for military service obligations is:

• Mandatory: For male citizens aged 17 and above.
• Voluntary: For female citizens aged 18 and above with suitable professional skills required by the People's Army

Upon completing the registration procedures, if they meet the political, health, and cultural standards as specified in Article 30 of the 2015 Military Service Law and Article 4 of Circular 148/2018/TT-BQP dated October 4, 2018, issued by the Ministry of National Defense, citizens are called up for military service as follows:

• For normal cases, the conscription age ranges from 18 to 25.
• For male citizens who have been temporarily exempted from conscription due to undergoing vocational training at the junior college or university level, the age for selection and conscription extends to 27.

What is evasion of military service and how will it be handled?

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In accordance with Article 3 of the 2015 Military Service Law, “Evasion of military service obligations is the act of disobeying orders to register for military service obligations; orders to undergo military service health examinations; orders to enlist; orders to participate in training, exercises, readiness checks, mobilization, or combat preparation”.

Apart from cases of temporary exemption or exemption from military service obligations, if a citizen evades the fulfillment of military service obligations, they may be subject to the following penalties:

Administrative penalties

Based on Decree No. 120/2013/ND-CP dated October 9, 2013, as amended and supplemented by Decree No. 37/2022/ND-CP dated June 6, 2022, of the Government:

• For violations of regulations regarding registration for military service obligations:
  + Failure to register for military service obligations for the first time.
  + Failure to register for service in the reserve ranks as prescribed.
  + Failure to register for supplementary military service obligations in case of changes in job position, educational qualifications, professional qualifications, health status, and other relevant information related to military service obligations as prescribed.
  + Failure to register for military service obligations when changing residence or workplace, or educational institution as prescribed.
  + Failure to register for military service obligations during temporary absence as prescribed.

Based on specific violations and for each case outlined above, the violator may receive a warning or a fine of up to 10,000,000 VND and must undertake remedial measures, which include complying with the registration requirements as prescribed.

• For violations related to examinations and health checks for military service obligations:
  + Not being present at the designated time or location for examination or health check as indicated in the examination or health check summons without valid reasons.
  + Intentionally refusing to accept the examination or health check summons for military service obligations.
  + The examinee engages in deceitful behavior to manipulate their health classification results in order to evade military service obligations.
  + Offering money, assets, or other material benefits worth less than 2,000,000 VND to medical personnel or others to manipulate the health classification results of the examinee or the person undergoing health examination for military service obligations to evade military service obligations.
  + Failing to comply with the examination or health check summons for military service obligations.

Based on specific violations and for each case outlined above, the violator may be fined from 10,000,000 to 35,000,000 VND.

• For violations of regulations regarding enlistment:
  + Not being present at the designated time or location for assembly as stated in the enlistment summons without valid reasons.
  + Deceitful behavior to evade fulfilling the enlistment summons after meeting the health examination requirements for enlistment as prescribed.
  + Failure to comply with the enlistment summons (except for the two cases mentioned above).
  Based on specific violations and for each case outlined above, the violator may be fined from 30,000,000 to 75,000,000 VND and required to undertake remedial measures, which include fulfilling military service obligations as prescribed.

Prosecution of criminal liability

In addition to being subject to administrative penalties, pursuant to Article 332 of the 2015 Penal Code, amended and supplemented in 2017, individuals who engage in acts of evading military service obligations may also face non-custodial reform or imprisonment of up to 5 years if they fail to comply with legal regulations regarding registration for military service obligations, fail to comply with enlistment summons, mobilization orders for training, have been previously fined for this offense, or have been convicted of this offense and their criminal record has not been expunged.

Here is the legal advice provided by YBS Law Firm. If you have any further questions or need assistance with other legal procedures, please contact us online or via hotline at 0911 53 88 35, or via email at info@ybsvn.com for more detailed information.

Best regards,

YBS Law Firm

Writer: Bich Phuong