Penalties for not going for military service medical examination

Citizens, regardless of ethnicity, social class, belief, religion, educational level, occupation, or place of residence, when reaching the age of military service, must fulfill their responsibilities and obligations to the Fatherland. However, for various reasons, many people have avoided military service examination. So, what will happen if they do not attend military service examination?

What is a military medical examination?

According to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP, it can be understood that military service health examination (also known as military service examination) is the examination, classification, and conclusion of health for citizens called for military service who have passed the health screening and citizens registering for the military entrance exam, carried out by the District Military Service Health Examination Council.

In which, military service health check is the implementation of health examination, classification, and conclusion for reserve soldiers.

Health check-up includes: Physical examination; Taking pulse and blood pressure; Examination to detect internal, surgical and specialized diseases; Taking personal and family medical history.

Citizens with health class 1, 2, 3, without refractive eye defects (myopia 1.5 diopters or more, hyperopia of various degrees), drug addiction, HIV infection, AIDS and meeting other standards regarding age, political ideology and appropriate cultural level are eligible to be called up for military service according to regulations.

Pursuant to Clause 2, Article 40 of the Law on Military Service 2015, the commander of the district-level military command shall issue an order to call for a medical examination for citizens subject to military service; the chief of the district-level police shall issue an order to call for a medical examination for citizens subject to military service. The order to call for a medical examination must be delivered to the citizen 15 days before the medical examination.

Upon receiving a call for a medical examination for military service from the Commander of the District Military Command, citizens are obliged to be present at the correct time and place for medical examination stated in the call for medical examination for military service.

If citizens do not appear for the military service medical examination, they may be fined from VND 10,000,000 to VND 12,000,000 according to Clause 8, Article 1 of Decree 37/2022/ND-CP without a valid reason.

Legitimate reasons for not being fined for being absent from military service examination?

Article 4 of Circular 07/2023/TT-BQP specifically explains "legitimate reasons" in cases of absence from medical examination for military service, military enlistment, training, drills, mobilization readiness and combat readiness checks.

Accordingly, “legitimate reason” is one of the following cases:

Firstly, a person performing military service who is sick or has an accident or who gets sick or has an accident on the way must be treated at a medical facility.

Second, relatives of persons performing military service, including: biological father, biological mother; adoptive father, adoptive mother; father-in-law, mother-in-law or father-in-law, mother-in-law; legal guardian; wife/husband; biological children, legally adopted children who are sick or have serious accidents and are being treated at a medical facility.

Third, relatives of a person performing military service who died but have not yet organized a funeral or the funeral has not ended.

Fourth, the residence of a person performing military service or the residence of a relative of a person performing military service is located in an area that is seriously affected by natural disasters, epidemics, or fires.

Fifth, a person performing military service does not receive an order for a medical examination/check-up to perform military service; a medical examination to select reserve officers; an order for enlistment; an order for reserve officer training; an order for concentrated training, drills, mobilization readiness and combat readiness checks.

Or this person has received the order, but the order does not specify the time and location due to the fault of the responsible person or agency, or due to another person's obstruction.

Note, cases (1) and (2) must have 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.

Cases (3) and (4) must be confirmed by the People's Committee of the commune where the person resides.

Case (5) must be confirmed by the People's Committee of the commune where the person resides or a competent authority.

Wisdom

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