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:
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
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.
A fine of between VND 200,000 and 600,000 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
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 for military service without a plausible reason.
Remedial measures: Forced 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
A fine of between VND 800,000 and VND 1,200,000 shall be imposed for failing to show up at the right time or place for medical examination and examination stated in the medical examination and examination call for performing military service without reason. justifiable.
A fine ranging from VND 2,000,000 to VND 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 the medical examination for the person receiving the medical examination to perform military service specified at Points a, b, and c, Clause 2 of this Article.
Article 7. Violations against regulations on military enlistment
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 enlistment order without a valid reason.
Remedial measures: Forced compliance with the order to enlist in the army for the acts specified in Clause 1 of this Article.”
CRIMINAL PROSECUTION:
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
Those who fail to strictly comply with the provisions of the law on military service registration, do not comply with the order to enlist in the army, the order to concentrate on training, have been administratively sanctioned for this act or have been sentenced to prison. If the conviction for this crime has not yet been expunged but still commits 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.
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
Any person who is a reserve soldier but fails to comply with the order to enlist in the case of a general mobilization order, a local mobilization order, war or a need to strengthen the army’s standing force to fight. local defense, territorial sovereignty, shall be sentenced to non-custodial reform for up to 03 years or a prison term of between 06 months and 03 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”.
II. WHAT IS ‘READY REASON’ FOR VIOLATION OF MILITARY OBLIGATION REGULATIONS?
“Legal reasons” for violating military service are specified in Article 5 of Circular 95/2014/TT-BQP as follows:
– Persons who must perform pre-qualification for military service; medical examination or medical examination when performing military service; medical examination to select reserve officers; obey orders to enlist; call to train reserve officers; orders to concentrate on training, drills, and tests to be ready to mobilize, to be ready to fight (hereinafter referred to as military servicemen) but falls ill or has an accident or illness on the way. Relatives of a person performing military service include his/her biological father and mother; father, mother-in-law or father, mother-in-law; legal custodians; wife or husband; their natural or legally adopted children are seriously ill. These cases must be certified by the commune-level People’s Committee or the commune-level hospital or health station.
– Relatives of a person performing military service include his/her biological father and mother; father, mother-in-law or father, mother-in-law; legal custodians; wife or husband; a biological or legally adopted child dies but the funeral has not yet been held. The house of the person performing the military service or the house of the family member of the person performing the military service is located in an area affected by natural disasters, epidemics or fires. These cases must be certified by the commune-level People’s Committee.
Military service is a glorious duty of citizens serving in the People’s Army. Observance of military service shows both law observance and patriotism. Each citizen, when participating in military service and after completing military service, enjoys a lot of benefits such as: enjoying demobilization allowance, job creation allowance, etc. As can be seen, the level of punishment for behavior Military service violations are not trivial. Therefore, every citizen of military age needs to be aware of these issues to avoid unnecessary risks.
