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05 reasons citizens can be absent from military service without being punished

Báo Quốc TếBáo Quốc Tế13/11/2023


The law stipulates that citizens who are absent from military service will be punished if they do not have a valid reason. So what are the valid reasons? Please refer to the article below.
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1. 05 reasons why citizens can be absent from military service without being punished

According to Clause 1, Article 7 of Decree 120/2013/ND-CP (amended and supplemented in Decree 37/2022/ND-CP), a fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of not being present at the correct time or place stated in the military enlistment order without a valid reason.

According to the above regulations, citizens who are absent on the enlistment date without a valid reason will be fined from 30,000,000 VND to 40,000,000 VND.

Article 4 of Circular 07/2023/TT-BQP stipulates the following 5 legitimate reasons:

(1) A person who must undergo a medical examination or check-up to perform military service; a medical examination to select reserve officers; a call-up order; a call-up order for reserve officer training; a call-up order for training, exercises, mobilization readiness examination, or combat readiness examination (hereinafter referred to as a person performing military service) but falls ill, has an accident, or falls ill or has an accident on the way and must be treated at a medical examination and treatment facility.

(2) Relatives of persons performing military service, including: biological father, biological mother; father-in-law, mother-in-law or father-in-law, mother-in-law; adoptive father, adoptive mother; legal guardian; wife or husband; biological child, legally adopted child who is sick or has a serious accident and is being treated at a medical examination and treatment facility.

(3) Relatives of a person performing military service as prescribed in point (2) die but the funeral has not been organized or the funeral has not ended.

(4) The residence of a person performing military service or the residence of a relative of a person performing military service as prescribed in Point (2) is located in an area seriously affected by natural disasters, epidemics, or fires that seriously affect life.

(5) A person performing military service does not receive an order to be examined or undergo a medical examination for military service; a medical examination for reserve officer selection; a call-up order; a call-up order for reserve officer training; a call-up order for concentrated training, drills, mobilization readiness examination, or combat readiness examination; or does receive an order, but the order does not clearly state the time and location due to the fault of the responsible person or agency, or due to another person's obstructive behavior as prescribed in Article 7 of Circular 07/2023/TT-BQP.

Note:

- In cases specified in points (1) and (2), there must be confirmation from the People's Committee of the commune where the patient resides or the medical examination and treatment facility that provided treatment or the commune-level health station where the patient resides;

- In cases specified in points (3) and (4), there must be confirmation from the People's Committee of the commune where the person resides;

- In the case specified in point (5), there must be confirmation from the People's Committee of the commune where the person resides or a competent authority.

2. Recruitment criteria and time

Pursuant to Article 3 of Circular 148/2018/TT-BQP, the recruitment quota and time are as follows:

- Annually, implement the Prime Minister 's decision on calling citizens to join the army.

- Based on the decision of the Prime Minister, the Minister of National Defense decides to assign the quota for recruiting citizens to join the army to units under the Ministry of National Defense in each province and centrally run city (hereinafter referred to as provincial level).



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