Military service is a glorious duty of citizens serving in the People’s Army. Performing military service includes active duty service and service in the reserve ranks of the People’s Army. Evading military service is an illegal act. Depending on the nature and seriousness of the violation, the violator may be administratively sanctioned or examined for penal liability as follows:
1. SMALL ADMINISTRATIVE PENALTIES
According to the provisions of Decree No. 120/2013/ND-CP of the Government on sanctioning of administrative violations in the field of national defense and cipher, the violations will be sanctioned as follows:
“Article 4. Violations against regulations on military service registration
1. A warning will be imposed for failing to register for military service for the first time for male citizens who are full 17 years old in the year subject to military service registration.
2. A fine of from 200,000 VND to 600,000 VND for one of the following acts:
a) Failing to register for military service for the first time, except for the case specified in Clause 1 of this Article;
b) Failing to make additional registration when there is a change in full name, residential address or workplace as prescribed;
c) Failing to register the move before moving the place of residence as prescribed;
d) Failing to register for the reserve rank as prescribed.
Remedial measures: Forced registration for military service, additional registration, registration for relocation, registration for reserve ranks, for the acts specified in Clauses 1 and 2 of this Article.
Article 5. Violations against regulations on pre-qualification for military service
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failing to show up at the time or place of the pre-qualification gathering stated in the call for pre-qualification to perform military service without a plausible reason.
2. Remedial measures: Forcing the conduct of pre-qualification for military service according to the plan of the Military Service Council for the acts specified in Clause 1 of this Article.
Article 6. Violations against regulations on medical examination and examination for performance of military service
1. A fine of between VND 800,000 and VND 1,200,000 shall be imposed for failing to show up at the time or place for medical examination and examination stated in the call for medical examination or medical examination to perform military service without any legitimate reason.
2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the following violations:
a) The medical examiner fraudulently falsifies the results of his/her health classification in order to evade military service;
b) Giving money or other material benefits to medical officials and employees to falsify results of health classification of medical examiners performing military service;
c) Medical officers and employees intentionally falsify health factors of medical examiners performing military service.
Remedial measures:
a) Forcible examination or medical examination according to the plan of the Military Service Council, for the acts specified in Clause 1 of this Article;
b) Forcible return of illegal benefits obtained by medical staff, for the acts specified at Point b, Clause 2 of this Article;
c) Forcible re-examination of medical examination for persons receiving medical examination for performing military service specified at Points a, b and c, Clause 2 of this Article.
Article 7. Violations against regulations on military enlistment
1. A fine ranging from VND 1,500,000 to VND 2,500,000 shall be imposed for failing to show up at the time or place of concentration stated in the summons to the army without a valid reason.
2. Remedial measures: Forced execution of the order to enlist in the army, for the acts specified in Clause 1 of this Article.”
2. CRIMINAL LIABILITY FOUNDATION:
Persons who commit acts of evading military service may be examined for penal liability according to the provisions of Articles 332 and 333 of the Penal Code 2015, as amended and supplemented in 2017 as follows:
“Article 332. Crime of evading military service
1. Those who fail to strictly comply with the provisions of the law on military service registration, do not comply with the call to enlistment, the order to concentrate on training, have been administratively sanctioned for this act or have committed an administrative violation. If convicted of this crime, not yet entitled to criminal record remission but continue to commit it, the offenders shall be subject to non-custodial reform for up to two years or a prison term of between three months and two years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 01 and 05 years of imprisonment:
a) Inflicting self-injury or causing harm to their health;
b) Committing the crime in wartime;
c) Inciting others to commit crimes.
Article 333. Crime of disobeying orders to call reserve soldiers to enlist
1. Any person who is a reserve soldier but fails to comply with the order to enlist in the army in case of a general mobilization order, a local mobilization order, war or a need to strengthen the army’s standing force to fighting for local defense and territorial sovereignty, the offenders shall be sentenced to non-custodial reform for up to three years or a prison term of between six months and three years.
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) Inflicting self-injury or causing harm to their health;
b) Dragging others to commit crimes”.
III. WHAT IS ‘READY REASON’ FOR VIOLATION OF MILITARY OBLIGATION REGULATIONS?
“Legal reasons” in the violation of military service are prescribed
