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 into the army and the police
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 being conscripted into the police are specified in Article 7 of the Law on the People's Public Security Forces.
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 into the police
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 into the army and the police
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 eligible for postponement or exemption of conscription.
3. Assist People’s Committees of districts to organize the transfer of the citizens who are conscripted into the People’s Army or the People's Police; 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 eligible for postponement or exemption of conscription.
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 conscripted 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 conscripted into the army; Head of Police department of the district is in charge of issuing order for medical examination for citizens conscripted into the police. 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 conscription; 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
Article 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 the police;
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 police officer;
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.
Article 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 Police who come back to their offices/schools shall register for military service in reserve forces within 15 working days.
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