Tiếng Việt
Table of Contents
1. Criteria for citizens to be called up for military service
2. Can military service be deferred due to extended university study due to overstudies?
1. Criteria for citizens to be called up for military service
According to Article 30 of the 2015 Law on Military Service, the age for military service is stipulated as follows: “Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.”
According to Article 31 of the 2015 Law on Military Service, it is stipulated that:
“Article 31. Standards for citizens to be called up for military service and perform military service in the People’s Public Security
1. Citizens are called up for military service when they meet the following criteria:
a) Have conformable profile;
b) Strictly comply with the lines and policies of Communist Party, policies and laws of the State;
c) Have full health for service on active duty according to the regulations;
d) Have appropriate education level.
2. Requirements for service in People’s Army force are specified in Article 7 of the Law on People’s Army.”
Thus, citizens who have been trained in college or university and have been temporarily deferred from military service, the age for military service is up to 27 years old.
2. Can military service be postponed due to prolonged university study due to failing subjects?
According to Article 41 of the Law on Military Service 2015, amending and supplementing the Law on Militia and Self-Defense Forces 2019.
“1. The following citizens are temporarily postponed from military service:
a) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;
b) Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;
c) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;
d) Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;
dd) Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;
e) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;
g) Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.”
Based on the above provisions, individuals are only allowed to postpone military service when they are receiving training at a full-time university level at a university, or at a full-time college level at a vocational education institution during the duration of a training course of a training level.
Therefore, if an individual has his/her university study period extended (does not graduate on time) due to unpaid subjects, if he/she receives a call-up for military service, the individual must still participate in military service according to regulations.