1. ​​Legal basis for military service

Military service (NVQS) is a compulsory responsibility of Vietnamese citizens to protect the Fatherland, stipulated in the 2013 Constitution and the 2015 Law on Military Service. The main legal provisions include:

2013 Constitution: Article 44 stipulates that citizens have the obligation to perform military service and participate in building national defense.

2015 Law on Military Service (amended and supplemented in 2019): Specific regulations on age, service time, rights and obligations of citizens in performing military service.

Decree 120/2013/ND-CP (amended and supplemented by Decree 37/2022/ND-CP): Regulations on administrative sanctions for violations in the field of national defense.

Penal Code 2015 (amended and supplemented in 2017): Article 332 stipulates the crime of evading military service.

2. Regulations on military service

2.1. Subjects performing military service

According to Article 30 of the Law on Military Service 2015:

Male citizens between the ages of 18 and 25 are obliged to perform military service.

Male citizens who have been temporarily deferred due to university or college studies shall be called up to the age of 27.

Female citizens with expertise suitable to the requirements of the army may voluntarily participate.

2.2. Service period

Military service period: 24 months, can be extended to 30 months in special cases according to the decision of the Ministry of National Defense.

Service period of professional soldiers and defense workers: According to the contract or decision of the competent authority.

3. Cases of exemption or postponement of military service

3.1. Cases exempted from military service

According to Article 41 of the Law on Military Service 2015, cases exempted from military service include:

Children of martyrs, children of first-class disabled soldiers.

Brothers and sisters of martyrs.

Children of first-class disabled soldiers.

People directly caring for relatives with a reduced working capacity of 81% or more.

People with disabilities, serious illnesses or a reduced working capacity of 61% or more.

3.2. Cases of military service deferral

Citizens in the following cases may be temporarily deferred from military service:

Studying at a regular university or college during the prescribed training period.

Being the only worker in the family who must directly support relatives who are no longer able to work.

People with brothers, sisters or siblings serving in the military.

Citizens who are cadres, civil servants, and public employees are mobilized to perform special tasks according to the decision of a competent state agency.

People who are eligible for migration and resettlement in the first 3 years in the locality according to the State's plan.

After the reason for deferment has expired, citizens must still perform military service if they are still of military age.

4. Military service evasion

Military service evasion is the act of intentionally failing to perform military service when called for military service or medical examination. Common forms of evasion include:

Not being present when receiving the military service medical examination order.

Forging documents and records to be exempted or temporarily postponed from military service.

Not being present when ordered to join the military without a valid reason.

Self-injury or using other tricks to avoid military service.

5. Penalties for military service evasion

5.1. Administrative sanctions

According to Decree 120/2013/ND-CP (amended and supplemented by Decree 37/2022/ND-CP), the penalties are as follows:

Fine from 10,000,000 to 12,000,000 VND: Not being present at the time and place stated in the military service call without a valid reason.

Fine from 15,000,000 to 25,000,000 VND: Not being present when ordered to undergo a military service health examination or interfering with the results of the health examination to avoid military service.

Fine from 30,000,000 to 50,000,000 VND: Using fake documents to be exempted or postponed from military service.

5.2. Criminal prosecution

According to Article 332 of the 2015 Penal Code (amended and supplemented in 2017), the act of evading military service can be criminally prosecuted:

A fine of 50,000,000 to 250,000,000 VND or imprisonment from 06 months to 02 years: If having been administratively sanctioned but still continuing to evade military service.

Imprisonment from 02 years to 05 years: If the crime is committed in an organized manner, using sophisticated tricks or during wartime.

Aggravating circumstances: If the act of evading has a negative impact on national defense and security, the penalty may be more severe.

6. Solutions to improve the effectiveness of military service

To limit the situation of evading military service, the following solutions need to be implemented:

Propaganda and legal education: Help citizens clearly understand their responsibilities and rights when performing military service.

Transparency in military recruitment: Avoid negativity and fraud in military recruitment.

Improve treatment: Improve service conditions, provide better support for discharged soldiers.

Strictly enforce the law: Strengthen inspection, supervision and strictly handle violations.

7. Conclusion

Military service is a sacred responsibility of citizens in protecting the Fatherland. Evading military service not only violates the law but also affects national security and defense. Therefore, strict measures are needed to ensure fairness and maintain discipline in performing military service.

This article is for reference only and does not constitute legal advice. If you need legal consultation, please contact us via email at info@barrso.com.