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How many times can military service be deferred and for how long?

Người Đưa TinNgười Đưa Tin28/10/2023


Conditions for deferment from military service

Currently, according to the provisions of Article 30 of the Law on Military Service 2015: "Citizens who are 18 years old are called up for military service; the age for military service is from 18 to 25 years old; citizens who have received college or university degrees and have been temporarily deferred from military service, the age for military service is up to 27 years old".

According to the provisions of Clause 1, Article 41 of the Law on Military Service 2015, temporary deferment of military service is applied to the following citizens:

Firstly, not healthy enough to serve in the army according to the conclusion of the Health Examination Council.

Second, being the sole worker who must directly support relatives who are no longer able to work or have not reached working age; in a family that has suffered serious damage to people and property due to accidents, natural disasters, or dangerous epidemics as confirmed by the People's Committee at the commune level.

Third, a child of a war invalid or person infected with Agent Orange has a reduced working capacity of 61% to 80%.

Fourth, having a brother, sister or sibling who is a non-commissioned officer or soldier serving in the army; a non-commissioned officer or soldier performing duty in the People's Public Security.

Fifth, people who are subject to migration and resettlement in the first 3 years to extremely disadvantaged communes under the State's socio -economic development project decided by the People's Committee at provincial level or higher.

Sixth, cadres, civil servants, public employees, and youth volunteers are mobilized to work in areas with especially difficult socio-economic conditions according to the provisions of law.

Seventh, currently studying at a generaleducation institution; currently receiving regular university training at a university, or regular college training at a vocational education institution during a training course of a training level.

Thus, if you fall into one of the above cases, you can be temporarily deferred from military service.

Cases of deferment of military service due to health concerns

Citizens are allowed to defer military service if they do not meet the health requirements for military service. After that, if they meet the health requirements, they may still have to join the military service.

Regarding health requirements, at Point a, Clause 3, Article 4 of Circular 148/2018/TT-BQP stipulates that citizens with health types 01, 02, 03 will be selected for military service; citizens with health type 03, refractive eye defects (myopia 1.5 diopters or more, hyperopia of all levels); drug addiction, HIV, AIDS infection will not be called to join the army.

In case a citizen is not healthy enough but is called to participate in a health examination, he/she must still go for a medical examination according to the notice to be detected as eligible for deferment of military service. In addition, there are no specific regulations on the time and number of deferments of military service due to health reasons.

Case of temporary deferment of military service to attend school

Citizens who are in one of the following categories: Studying at a general education institution; receiving regular university training at a university, or regular college training at a vocational education institution during a training course of a training level are temporarily deferred from military service according to the provisions of Article 41.

In addition, Article 30 of the Law on Military Service stipulates as follows: Citizens who are 18 years old or older are called up for military service; the age for military service is from 18 to 25 years old; citizens who have received college or university degrees and have been temporarily deferred from military service, the age for military service is up to 27 years old.

Thus, citizens are only allowed to postpone military service for the reason of attending high schools, colleges, and universities during one training session of a training program.

After the period of deferment of military service to study at university or college has expired, citizens can still be called up for military service until they reach the age of 27 if there is no other reason for deferment or exemption from military service.

Other cases of deferment of military service

For those whose brothers, sisters or siblings are non-commissioned officers or soldiers serving in the army; non-commissioned officers or soldiers performing military service in the People's Public Security. Citizens who are temporarily deferred from military service may be called up for military service when their brothers, sisters or siblings are no longer non-commissioned officers or soldiers serving in the People's Public Security or when their service period in the People's Public Security has ended.

People who are subject to migration or resettlement in the first 3 years to extremely disadvantaged communes under the State's socio-economic development project can be called up for military service if after the 3-year period, they are still within the age for military service.

In the case of cadres, civil servants, public employees, and youth volunteers who are mobilized to work in areas with particularly difficult socio-economic conditions: When their working period ends but they are still within the age of being called for military service, citizens can still be called for military service according to the provisions of the Law on Military Service.

Note, all cases of temporary deferment must submit an application for temporary deferment of military service to the District People's Committee. The list of citizens eligible for temporary deferment of military service will be publicly posted at the headquarters of the Commune People's Committee, agencies and organizations within 20 days from the date the Chairman of the District People's Committee signs the Decision.

Thus, citizens will be deferred from military service if they have one of the above deferred cases. The duration and number of deferrals from military service are not the same depending on the specific reason.

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