Thông tư 148/2018/TT-BQP quy định tuyển chọn và gọi công dân nhập ngũ

Ministry of National Defense -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness ---------------
No. 148/2018/TT-BQP	Hanoi, 04th of October, 2018

 

CIRCULAR

Provisions for selecting and conscripting citizens

Pursuant to the Law on Military Service dated June 19. 2015;

Pursuant to Decree No. 164/2017/ND-CP dated December 30, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the request of the Chief of the General Staff;

The Minister of National Defense promulgates the Circular on provisions for selecting and conscripting citizens.

Article 1. Scope of regulation and regulated entities

1. This Circular specifies the provisions for selecting and conscripting citizens; responsibilities of agencies, organizations and individuals in selecting and conscripting citizens (hereinafter referred to as "drafting").

2. This Circular applies to the People’s Committees at all levels, agencies, units, organizations and individuals related in the preparation and implementation of drafting.

Article 2. Drafting principles and requirements

1. Follow the guidelines and principles of the Communist Party, policies and law of the State and procedures, regulations on drafting.

2. Ensure drafting adequacy and quality, recruit following top-down selection procedure; assure democracy, equality, openness, security and cost efficiency.

3. Emphasize the responsibilities of every organization and individual to improve the effectiveness of the drafting.

4. Focus on drafting graduates, ethnics to improve the quality of the regular armed force and reserve force, which form the constructive fundamentals to enforce the local political facilities, to strengthen national defense and security, and to protect the Socialist of Vietnam Fatherland.

Article 3. Drafting quota and time

1. Comply with the Decision of the Prime Minister on conscripting citizens annually.

2. Pursuant to the Decision of the Prime Minister, the Minister of National Defense decides to introduce the quota for conscripting citizens to entities affiliated to the Ministry of National Defense in every province, central-affiliated cities (hereinafter referred to as “provincial").

Article 4. Drafting requirements

1. Age:

a) Citizens from the age of 18 to under 26.

b) Graduate male citizen who enters university or college and postpones conscription for a training course of a level will be drafted until he turns 28.

2. Political requirements:

a) Comply with Joint Circular No. 50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense – the Minister of Public Security on provisions for political requirements for conscripting citizens into the Vietnamese People’s Army.

b) Drafting for crucial and classified agencies, units and positions in the Army; ceremonial battalion; professional National Guards and Military shall comply with regulations and law of the Ministry of National Defense.

3. Health requirements:

a) Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – the Minister of National Defense on provisions for pre-enlistment check-up.

b) Drafting for agencies, units and positions specified in Point b Clause 2 of this Article must ensure separate standards as regulated by the Ministry of National Defense.

c) Do not conscript citizens with health type 3 and eye disorders (1.5 dioptre myopia or higher, hypermetropia at all degrees); drug addicts, those contracted with HIV, AIDS.

4. Cultural requirements:

a) Draft citizens who finished 8^th grade or higher in descending order. In areas where the drafting quota cannot be guaranteed due to hardship, request the competent authorities to consider and decide to draft citizens who finished 7^th grade.

b) Communes in remote and isolated areas, in areas with economic - social hardships according to regulations and law; ethnic minorities below 10,000 people shall draft no more than 25% of the citizens who finished primary education and the citizens who finished lower secondary education are drafted to fill the rest.

Article 5. Drafting postponement and exemption

The drafting postponement and exemption during peace time shall comply with Article 41 of the 2015 Law on Military Service. To be specific:

1. The following citizens shall have their conscription postponed:

a) Citizen whose health is unsatisfactory for active military service according to the conclusion of pre-enlistment check-up board.

b) Citizen being the only breadwinner who directly takes care of his relatives who lost working capacity or under working age; citizen being the only breadwinner in a family suffering serious damage to humans and property due to dangerous accidents, disasters, epidemics confirmed by the People’s Committees of the communes, wards, towns (hereinafter referred to as “communes”).

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

d) Citizen whose biological siblings is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in the police.

dd) Citizen who subject to emigration or evacuation in the first 03 years to extremely disadvantaged communes according to the socio-economic development project of the State decided by the People's Committees of provinces or higher levels.

e) Citizen who is an official or a youth volunteer assigned to an extremely disadvantage socio-economic area according the law provisions.

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

2. The following citizens shall have their conscription exempted:

a) Citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers.

b) Citizen who is a brother of revolutionary martyrs.

c) 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) Citizen who is carrying out cipher activities and not a soldier or police.

dd) Citizen who is an official or a youth volunteer assigned to an extremely disadvantaged socio-economic area according the law provisions for 24 months or more.

3. The citizens eligible for postponement specified in Clause 1 of this Article shall be drafted if the reason for postponement is no longer available.

The citizens eligible for postponement or exemption from conscription specified in Clause 1 and Clause 2 of this Article if volunteer to join the army shall be considered for selection and conscription.

4. The lists of citizens eligible for postponement and exemption from conscription shall be posted publicly at the head offices of the People’s Committees of communes and/or relevant organizations or agencies for 20 days from the day in which the Chairmen of the People’s Committees of ward-level sign the Decision.

Article 6. Responsibilities of local authorities

1. The responsibilities of the People’s Committees at all levels:

a) Successfully publicizing, popularizing and educating to improve the awareness and responsibilities to comply with the Law on Military Service of the people, particularly those within the mentioned age group; directing the drafting to follow the procedures, fulfill the quota, meet the standards.

b) Establishing the Board of military service with adequate quantity and composition as regulated; assigning tasks and explaining the implementation responsibilities to organizations and individuals. Utilizing the roles and responsibilities of local political structures; the consulting roles of military agencies at all levels and the responsibilities of the heads of the communes, hamlets, neighborhoods, residential areas, villages (hereinafter referred to as “communes”) that contribute to the drafting.

c) Allocating the quota suitable for the conditions of the locality and provincial areas; guaranteeing drafted citizens in every commune, ward and town.

d) Ensuring the drafting procedure is fulfilled, the personnel is selected carefully; enabling the accepting units to inspect the dossiers, confirm the size and enabling units authorized by the Ministry of National Defense to get to know the recruit’s detailed information (health, family, background and political standards). Collaborating with the accepting agencies in swapping, filling enlisted citizens who fail to meet the standards, quality (if any); the swapping, filling ratio must not exceed 2% of the local quota; being responsible for the quality of the recruits.

dd) Directing the Board of military service and relevant boards, departments to monitor, instruct, expedite and inspecting the implementation of drafting; annually, take charge of organizing conferences in cooperation on drafting and experience-learning meetings, concluding the drafting operation according to regulations and law.

e) Promptly handling complaints and denunciation, stringently taking actions against violations in drafting as per law; publicizing to raise awareness, uniting the people’s viewpoint, preventing negativity.

2. The responsibilities of the People’s Committees of provinces:

Carrying out the responsibilities specified in Clause 1 of this Article and instructing the Board of military service, relevant departments, boards and People’s Committees of wards, districts, towns, cities affiliated to the province (hereinafter referred to as “province”) to draft as per law and ensure adequate recruits.

3. The responsibilities of the People’s Committees of wards:

a) Carrying out the responsibilities specified in Clause 1 of this Article and instructing the Board of military service, relevant departments, boards and People’s Committees of wards to draft as per law and ensure adequacy and quality of the recruits.

b) Directly implementing and guiding the drafting; acknowledging of the number of citizens currently staying and absent from the locality; training the officials and employees participating in drafting; directing the enlisting, check-up, careful inspection, ensuring democracy, equality, openness and transparency; enabling the citizens to enlist promptly, cleanly as regulated; assigning each member of the Board of military service to be responsible for monitoring and guiding certain communes, agencies, organizations and will be jointly responsible for the adequacy and quality of the recruits.

c) Establishing the Pre-enlistment Check-up Board and pre-enlistment check-up groups consisting of personnel of various majors and fully equipped as per law; setting up check-up locations, specifying responsibilities of organizations and individuals participating in pre-enlistment check-up to ensure quality, accurate conclusion and responsibilities the results.

d) Organizing the implementation of certifying the drafting postponement and drafting exemption with carefulness, democracy, equality, openness. The organized implementation must be approved by the Chairmen of the People’s Committees of communes.

dd) Directing the call for pre-enlistment check-up suitable for each locality; the total number of citizens called for check-up must not exceed the quadrupled quota. Confirming the size of personnel, dispatching the district conscription orders, the backup must not exceed 5% of the total quota of the districts and fulfilling all the procedures and files (including the Members of the Communist Party dossier, Ho Chi Minh Communist Youth Union dossier) of the drafted citizens transferred to the accepting agencies.

e) Directing the Board of military service, while performing check-up, to register the amount of military equipment for each citizen and inform the accepting agencies to guarantee the provisions as regulated; providing certain military equipments for new recruits from 03 to 05 days prior to the Soldier accepting ceremony to ensure consistency and appropriateness in each division, military branch and local weather, climate condition.

g) Regularly exchanging information relating conscripted citizens; collaborating with the accepting agencies to swap or fill personnel in their units (if any) to meet the quality and deadline as regulated.

4. The responsibilities of the People’s Committees of communes:

a) Carrying out the responsibilities specified in Clause 1 of this Article and instructing the Board of military service, relevant departments, boards and hamlets to draft as per law and ensure adequate recruits.

b) Directing the hamlets to elect and nominate male citizens within the aforementioned age group to participate in the military service pre-qualifications according to regulations and law; ensuring democracy, equality, openness, quality and efficiency.

c) Directly implementing the pre-qualification and examining drafted citizens; reporting to People’s Committees of districts to compile the lists of citizens eligible for conscription, postponement and exemption from military service. Filing dossiers relating military service and procedures applied to citizens eligible for conscription, the files will then be transferred to the Military Commands of districts.

Publicly posting at the office of the People’s Committees of communes as regulated and publicly informing each hamlet the following details:

- The quota assigned to the commune by the corresponding district:

- The drafting conditions and standards; cases of military service postponement and exemption;

- The lists of citizens within the conscription range;

- The lists of postponed or exempted citizens;

- The lists of citizens eligible for conscription;

- Health classifying results of the Pre-enlistment check-up Board;

- The lists of citizens accepted and ready for military service.

d) Directing the Military Commands of communes to collaborate with relevant boards and departments to instruct the conscripted citizens, fill in the health insurance application form which will be approved by the People’s Committee of communes then transferred to the Military Commands of districts with the military dossiers.

dd) Directing the Military Commands of communes to collaborate with the police authorities of communes and other boards, departments and entities to get to know the political, moral standards and other recent difficulties of the conscripted citizens, promptly inform and provide the information for the Military Commands of districts and the accepting agencies for acknowledgement and management. Collaborating with the accepting agencies and families on taking actions against service desertion according to regulations and law.

Article 7. Responsibilities of the accepting agencies

1. Cooperating with the conscripting locality to agree with the locality on the quota, dossier examination duration and size of personnel 10 days before the date in which the military agencies of districts dispatch the conscription orders; collaborating with the locality organizing and attending the Soldier accepting ceremony; accepting and transporting the personnel to their unit by military tracks or trains, ships to ensure maximum security; stationing personnel at the locality for extended period of time is prohibited; exceptionally preparing all aspects to accept and train new recruits as planned.

2. Units assigned to get to know the recruits’ detailed information must actively cooperate with the locality to carry out the implementation as specified by the Ministry of National Defense.

3. Within 07 days from the day of receiving the recruits, the accepting agencies must check the standards of new recruits again and finish swapping, filling (if any).

If the accepting agencies are anticipating the verification relating politics, moral or medical assessment, they must promptly inform and cooperate with the districts to swap, fill the personnel. The swapping, filling period must not exceed 15 days from the day of receiving the recruits; the swapping, filling rate must not exceed 2% of the local quota.

4. Being responsible for the additional examinations, agree with the military agencies of districts to record and perform any swapping, filling (if any) at the unit. Annually, implementing experience-learning meetings, conclusions on drafting according to regulations and law.

5. Within 15 days from the day of receiving the recruits, the unit must lists the new recruits and their close relatives eligible for joining health insurance and report as per law.

Article 8. Military regions’ responsibilities

1. Directing, guiding, examining units in charge of drafting as specified in Article 7 of this Circular.

2. Directing, guiding, examining the local civil agencies of provinces consulting the People’s Committees of the same level about directing the Board of military service to draft as regulated, ensuring personnel adequacy.

3. Annually, directing and guiding the localities, units and directing implementing experience-learning meetings, conclusions on drafting according to regulations and law.

Article 9. Responsibilities of agencies and units affiliated to the Ministry of National Defense

Based on their functions and tasks, directing, guiding and inspecting the drafting; regularly keeping the situation under control, cooperating with the localities securely, enabling the localities and units to draft as per law.

Article 10. Cooperation in drafting

1. The People’s Committees of provinces, of districts must take charge in the overseeing of the cooperation between the localities and the accepting agencies to agree on the criteria and various time benchmarks for examining dossiers, getting to know the recruits’ detailed information, concluding the personnel size, transferring and accepting methods. To be specific:

a) The People’s Committees of provinces must cooperate with divisions, brigade and similar ranking units (direct subordinates to entities affiliated to the Ministry).

b) The People’s Committees of districts must cooperate with regiments and similar ranking units (direct subordinates to divisions and similar ranking units).

2. The People’s Committees of provinces, of districts must direct the military agencies and police authorities at the same level to collaborate cautiously in drafting citizens and fulfilling the duty of joining the police; military agencies and police authorities agree on the quota and personnel for conscription and fulfilling the duty of joining the police.

3. The localities and the military units must collaborate and cooperate cautiously in recruiting and managing soldiers. The accepting agencies must send their commanding officers as per law to cooperate with the People’s Committees of provinces, of districts on drafting and be responsible for the terms of the cooperation.

Article 11. Organizing Soldier accepting ceremony

1. The High Commands of the military regions must collaborate with the People’s Committees of provinces within military regions’ territories; reach a consensus on organizing of the soldier accepting ceremony of the Military and Police forces in the same day.

2. The People’s Committees of provinces must hold the Soldier accepting ceremony according to regulations, ensure formality, orderliness, safety, cost efficiency and create exciting atmosphere; the record of accepting recruits between the localities and the accepting units will be signed at the end of the ceremony.

Article 12. Entry into force

1. This Circular comes into force from November 20, 2018 and supersedes Circular No. 140/2015/TT-BQP dated December 16, 2015 of the Ministry of National Defense on provisions for selecting and conscripting citizens.

2. If the legislative documents extracted in this Circular are approved for amendments or superseded by other legislative document, the new documents will apply.

Article 13. Responsibility for implementation

The Chief of the General Staff, Chairmen of the People’s Committees of provinces and central-affiliated cities and heads of relevant agencies, units are responsible for the implementation of this Circular./.

 

PP. MINISTER DEPUTY MINISTER Colonel General Phan Van Giang