Can being nearsighted ask for a postponement of military service? Provisions of the law on exemption and suspension of military service? Can working at a commune health station be suspended from military service? Cases of deferred military service?
As a union cadre, can I postpone my military service?
Hi lawyer, I am currently a youth union officer working at a foreign company. So can I postpone my military service? I am also attending an Intermediate School ( I’ve had a temporary reprieve from local military service before). When I work for that foreign company, can I send a confirmation to suspend my obligations?
I hope the lawyer advises me. I sincerely thank you.
Answer:
Thank you for your interest and send us questions, wishing you health. With the information you provide we would like to advise as follows:
According to Article 41 of the Amended Military Service Law 2015, the following citizens are entitled to postpone conscription in peacetime:
Article 41. Postponement of enlistment and exemption from enlistment
1. Postponing military service calls for the following citizens:
a) Not healthy enough to serve in the army according to the conclusion of the Medical Examination Council;
b) Being the only employee who has to directly raise relatives who are no longer able to work or have not yet reached working age; in the family suffers heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the commune-level People’s Committees;
c) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%;
d) Having a brother, sister or younger brother who is a non-commissioned officer or soldier currently serving in the army; non-commissioned officers and soldiers performing the obligation to join the People’s Police;
dd) Persons who are subject to emigration or relocation for the first 3 years to communes with special difficulties under the State’s socio-economic development projects decided by the People’s Committees of provinces or higher;
e) Cadres, civil servants, public employees and young volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law;
g) Currently studying at a general education institution; are being trained at the university level of the regular system of a higher education institution, or of a college level of the regular system of a vocational education institution during a training course of a training degree.
2. Exemption from conscription for the following citizens:
a) Children of martyrs, children of first-class war invalids;
b) A brother or a younger brother of the martyr;
c) One child of a second-class wounded soldier; one child of a sick soldier with a working capacity decrease of 81% or more; one child of a person infected with Agent Orange has a working capacity decrease of 81 % or more;
d) Persons doing cipher work are not soldiers or People’s Public Security;
dd) Cadres, civil servants, public employees and youth volunteers are assigned to work or work in areas with extremely difficult socio-economic conditions as prescribed by law for 24 months or more.
3. Citizens subject to temporary postponement of enlistment specified in Clause 1 of this Article, if there is no longer a reason for the postponement, may be called up for military service.
Citizens eligible for temporary postponement of enlistment or exempted from being called up for military service specified in Clauses 1 and 2 of this Article, if volunteering, are considered for selection and conscription.
4. The list of citizens eligible for postponement of military service call and exempt from military enlistment must be publicly posted at the headquarters of the commune-level People’s Committee, agency or organization within 20 days.
-> Thus, you can only postpone the enlistment in a concentrated training course, if you continue to study in other training courses, you cannot postpone the enlistment, if you are studying at a high school. level is due to studying another training course, you will not be able to postpone your call for military service. Moreover, with the information you provide, the fact that you are working at a foreign company does not fall into some cases where the call to military service is postponed. Therefore, if you do not fall into one of the above cases, you will not be able to suspend your military service.
2. Cases where military service is postponed?
Hello lawyers. Now, I send this email to ask for your advice on my family situation and military service – I was born in 1992, now working. Recently, the ward has sent an order to undergo a medical examination for military service in 2017 at the city’s military command.
And I have strictly complied to go to the doctor as prescribed – but now my family has the following circumstances: + I have a household registration book with my grandfather and uncle. My grandfather is now over 80, sick often, weak and 1 year old. Uncle was born deaf and mute since childhood, unable to work. So I am the main and sole worker of the family. My parents died in a traffic accident. My mother died of cancer. My parents have me as an only child. As far as I know, first of all, I have to make a paper to present the situation to send to the neighborhood, the People’s Committee of the ward to be confirmed in such a situation.
And after it was confirmed, the next step was to apply for a temporary suspension of the service to send it to the military service council of ward + city. I also wrote an application to explain the situation. Now I want to ask if my case can be deferred?
Thank you very much for your legal advice.
Advisory lawyer:
Pursuant to Article 41 of the 2015 Law on Military Service stipulating the selection and calling of citizens to join the army.
“Clause 1, Article 41:
Postponing military service calls for the following citizens:
a) Not healthy enough to serve in the army according to the conclusion of the Medical Examination Council;
b) Being the only employee who has to directly raise relatives who are no longer able to work or have not yet reached working age; in the family suffers heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the commune-level People’s Committees;
c) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%;
d) Having a brother, sister or younger brother who is a non-commissioned officer or soldier currently serving in the army; non-commissioned officers and soldiers performing the obligation to join the People’s Police;
dd) Persons who are subject to emigration or relocation for the first 3 years to communes with special difficulties under the State’s socio-economic development projects decided by the People’s Committees of provinces or higher;
e) Cadres, civil servants, public employees and young volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law;
g) Currently studying at a general education institution; are being trained at the university level of the regular system of the higher education institution, the college level of the regular system of the vocational education institution during a training course of a training degree.”
Thus, in your case, you are subject to temporary suspension of enlistment because you are the only employee who has to directly support relatives who are no longer able to work or have not yet reached working age.
3. Can working at a commune health station be temporarily suspended?
Hello lawyer, I am currently 22 years old, working in a commune health station, my commune is currently area 2, formerly area 3, 27km from the district center, in the existing station. 5 people work, in the commune are mainly ethnic minorities, accounting for about 80%, and if I have a notice to enlist, can I apply for a postponement?
Thank you lawyer.
Advisory lawyer:
Pursuant to Article 41 of the Law on Military Service 2015
2. Exemption from conscription for the following citizens:
a) Children of martyrs, children of first-class war invalids;
b) A brother or a younger brother of the martyr;
c) One child of a second-class wounded soldier; one child of a sick soldier with a working capacity decrease of 81% or more; one child of a person infected with Agent Orange has a working capacity decrease of 81 % or more;
d) Persons doing cipher work are not soldiers or People’s Public Security;
dd) Cadres, civil servants, public employees and youth volunteers are assigned to work or work in areas with extremely difficult socio-economic conditions as prescribed by law for 24 months or more.
3. Citizens subject to temporary postponement of enlistment specified in Clause 1 of this Article, if there is no longer a reason for the postponement, may be called up for military service.
Citizens eligible for temporary postponement of enlistment or exempted from being called up for military service specified in Clauses 1 and 2 of this Article, if volunteering, are considered for selection and conscription.
4. The list of citizens eligible for postponement of military service call and exempt from military enlistment must be publicly posted at the headquarters of the commune-level People’s Committee, agency or organization within 20 days.
Thus, according to the information you provided, it is not clear what form you work in the commune health station and how much the regional allowance is, so it is not possible to confirm whether you are exempt from calling for military service. You can refer to the above regulation to consider in your specific case.
4. Regulations on exemption and suspension of military service?
Dear lawyer, I have a question that I hope your lawyer will answer: Please advise, I am 21 years old, I have just graduated from a professional medical school, I have just applied for a job while waiting for the party. The commune I’m living in has sent me a call to join the army.
I’m waiting for an interview call at the state district hospital. So do I have to make a call to enlist?
I would like to thank you!
Answer:
Pursuant to the Government’s 2015 Law on Military Service on the suspension of military service calls and exemption from military service in peacetime for male citizens of military enlistment age.
Article 41. Postponement of enlistment and exemption from enlistment
1. Postponing military service calls for the following citizens:
a) Not healthy enough to serve in the army according to the conclusion of the Medical Examination Council;
b) Being the only employee who has to directly raise relatives who are no longer able to work or have not yet reached working age; in the family suffers heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the commune-level People’s Committees;
c) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%;
d) Having a brother, sister or younger brother who is a non-commissioned officer or soldier currently serving in the army; non-commissioned officers and soldiers performing the obligation to join the People’s Police;
dd) Persons who are subject to emigration or relocation for the first 3 years to communes with special difficulties under the State’s socio-economic development projects decided by the People’s Committees of provinces or higher;
e) Cadres, civil servants, public employees and young volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law;
g) Currently studying at a general education institution; are being trained at the university level of the regular system of a higher education institution, or of a college level of the regular system of a vocational education institution during a training course of a training degree.
Thus, you have just graduated from professional secondary school and are applying for a job, you are not eligible for an exemption or postponement of military service. Here is our advice. Sincerely thanks!
5. Can I apply for a postponement of my military service if I am nearsighted?
Dear lawyer! Lawyer let me ask. Before the medical examination, I was not nearsighted, so I met the military service standards, so I received a call to join the army. But now I’m nearsighted, so can I submit a myopia certificate to apply for a postponement of my military service?
I would like to thank the lawyer.
Advisory lawyer:
According to Clause 1, Article 41 of the 2015 Law on Military Service, it stipulates:
Article 41. Postponement of enlistment and exemption from enlistment
1. Postponing military service calls for the following citizens:
a) Not healthy enough to serve in the army according to the conclusion of the Medical Examination Council;
b) Being the only employee who has to directly raise relatives who are no longer able to work or have not yet reached working age; in the family suffers heavy loss of life and property due to accidents, natural disasters, dangerous epidemics, certified by the commune-level People’s Committees;
c) A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%;
d) Having a brother, sister or younger brother who is a non-commissioned officer or soldier currently serving in the army; non-commissioned officers and soldiers performing the obligation to join the People’s Police;
dd) Persons who are subject to emigration or relocation for the first 3 years to communes with special difficulties under the State’s socio-economic development projects decided by the People’s Committees of provinces or higher;
e) Cadres, civil servants, public employees and young volunteers are assigned to work and work in areas with extremely difficult socio-economic conditions as prescribed by law;
g) Currently studying at a general education institution; are being trained at the university level of the regular system of a higher education institution, or of a college level of the regular system of a vocational education institution during a training course of a training degree.
Thus, if you are in the cases of being suspended according to the above provisions, you can apply for a postponement when you are not healthy enough to serve in the army according to the conclusion of the Medical Examination Council to consider your case.
If you have any questions, please discuss directly with the online legal consulting department via 24/7 call center: 1900.6162
Looking forward to cooperation!
Best regards.
