Law 78/2015/qh13: Military Service

Original Language Title: Luật 78/2015/QH13: Nghĩa vụ quân sự

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The LAW on military service _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam;
Congress enacted the law on military service.
Chapter I GENERAL PROVISIONS article 1. Scope this law regulates compulsory military service; the duties and powers of the agencies, organizations, individuals and, in implementing the policy of military service.
Article 2. The object to apply this law applicable to agencies, organizations, individuals are related to military service.
Article 3. Explain the wording in this law, the terms below are interpreted as follows: 1. Age perform military service is the age of the citizen service serves active and served in the reserve ranks of the people's army.
2. military service registration is setting records of military service of citizens over the age of compulsory military service.
3. Enlist the citizen to serve the term in the regular forces of the people's army and the police force of the sea.
4. Discharge is the non-commissioned officers, soldiers only serve active in the people's army and the police force of the sea.
5. Officers, soldiers in active service with the citizens in a permanent force of troops and police forces of the sea.
6. Non-commissioned officers, reserve soldiers registered citizens serving in the reserve ranks of the people's army.
7. whether the Award is transferred reserve non-commissioned officers, reserve soldiers out of the reserve of the army of the people.
8. Evading military service behavior is not registered calls Executive military service; the call military service health check; the call to enlist; the call focused training, rehearsal, testing candidates ready, ready to fight.
Article 4. Military service 1. Military service is creditable obligations of citizens serving in the military. Perform military service includes serving active and served in the reserve ranks of the people's army.
2. The citizens of age perform military service, irrespective of ethnicity, social components, beliefs, religion, education level, occupation, place of residence must perform military service under the provisions of this law.
3. Citizens serving in the police force of the sea and national service to join the people's public security be considered done military service in the army.
4. Citizens belonging to one of the following cases are recognized complete active military service in time of peace: a) the core self-defense militias completed the obligation to join self-defense militias, which have at least 12 months of militia duty permanent protection;
b) complete the tasks involved police from 36 months enough Township;
c) officers, servants, employees, graduates of the University over, trained and promoted to reserve officer;
d) youth have graduated from universities, colleges, secondary volunteered to serve in the defence-economic delegation from 24 months enough according to the project of the decision by the Prime Minister;
DD) citizens serving on board fishing check from 24 months or more full.
Article 5. The responsibility of agencies, organizations, individuals and families in performing military service agencies, organizations, individuals and families are responsible to educate, motivate and facilitate citizens perform military service.
Article 6. The obligation to serve in five 1. Citizens in the age of military service are obliged to serve in the military.
2. women in the age of citizens performing military service during peacetime if voluntary and demand the troops are serving in the army.
Article 7. The obligation to serve in the reserve quota 1. Citizens in the age of military service are obliged to serve in the reserve ranks include the following cases: a the call-up age) but not yet serving active;
b) Only serve Active;
c) Only served in public security people.
2. women in the age of citizens performing military service have specialized lines fit the requirements of the people's army.
Government Regulation, industry professional in this clause.
Article 8. Position, rank, the rank of non-commissioned officers, soldiers, 1. The position of the non-commissioned officers, soldiers: a) Deputy Chief platoon and equivalent;
b) Minor captain and equivalent;
c) Deputy Chief sub and equivalent;
d) soldiers.
2. Rank of the rank of non-commissioned officers, soldiers: a) CWO;
b) Sergeant;
c) corporal;
d) Infantry;
DD).
3. Non-commissioned officers, soldiers in active and commissioned officers, reserve soldiers was promoted, promoted to the rank of military ranks corresponding to the position; outstanding achievements in the implementation of the mission then was promoted ahead of time; outstanding achievements are promoted then.
4. Minister of Defense style rules, sharp, flat, stripped of the rank of Lieutenant; appointed officials, demote, dismiss; regulations equivalent positions and ranks the highest military ranks to the position of non-commissioned officers, soldiers, prescribed in clause 1 and clause 2 of this Thing.
Article 9. The rights and obligations of non-commissioned officers, soldiers, 1. Non-commissioned officers, soldiers, State guarantee regime, incentive policies consistent with the nature and activities of the people's army.
2. Non-commissioned officers, soldiers are obliged: a) absolutely loyal to the motherland, the people, with the party and the State of the Socialist Republic of Vietnam;
b) combat readiness, to sacrifice the protection of independence, sovereignty, unity, territorial integrity of the country; protect the people, the party, the State and the Socialist regime; completed all the tasks and the implementation of international obligations;
c) protect the property and interests of the State, the agency or organization; protect life, property, rights and legitimate interests of the people; protection of national security and order, social security in accordance with the law;
d) strictly way, advocates of the party, policy, law and the State's order, the Charter of the military people;
DD) learning the political, military, cultural, scientific, technical, career service; work-computer organization, discipline and fitness consciousness; raise a political sphere, a field of battle.
Article 10. The prohibited acts 1. Evading compulsory military service.
2. Oppose, hinder the performance of military service.
3. Cheating during military service health check.
4. Taking advantage of the prerogatives, powers the rules on compulsory military service.
5. Use non-commissioned officers, soldiers, contrary to the provisions of the law.
6. Invasion of the body, health; offend the honor, the dignity of non-commissioned officers, soldiers.
Chapter II REGISTRATION of MILITARY SERVICE and MANAGEMENT in the AGE of CITIZENS PERFORMING MILITARY SERVICE article 11. The principle of military service registration and management in the age of citizens performing military service 1. The right audience, the sequence of procedures, the policy mode under the provisions of the law.
2. Unity, publicity, transparency, advantages for citizens.
3. Tight, hold the quantity, quality, identity of citizens over the age of compulsory military service.
4. Any change of residence of citizens of age perform military service must be registered and managed in accordance with the law.
Article 12. The object of military service registration 1. Male citizens aged 17 or over.
2. a female citizen stipulated in item 2 article 7 of this law, be 18 years of age.
Article 13. The object is not registered military service 1. Citizens belong to one of the following cases not registered military service: a) are being prejudice criminal liability; are criminal in prison, renovate detention, probation or not have executive finishing penalty but not yet deleted projects;
b) are being applied to educational measures in commune, Ward, (hereinafter referred to as the social level) or put on the market brought, compulsory education, compulsory detoxification facility;
c) be deprived of the right to serve in the armed forces.
2. Upon expiry of the application of the measures stipulated in paragraph 1 of this article, the population of registered military service.
Article 14. Free object military service registration disabled people, people with illness, mental illness or chronic diseases under the provisions of the law.
Article 15. The registry service in the 1. The Board-level military commander commune made registration compulsory military service for citizens to reside in the locality.
2. The Board of the Agency, held in establishments registered military service for citizens to work, learning at the Agency, organization and general military command Board report to the district, the County, a town, a city in the province and equivalent administrative unit (hereinafter referred to as district level) where the Agency , held the seat; the case Agency, held no military command Board in the base of the head or the legal representative of the Agency, the organization responsible for organizing the citizens make registration compulsory military service at the residence.
Article 16. Sign first military service 1. January every year, the people's Committee Chairman, head of the township level or the legal representative of the Agency, the Organization Committee report-level military commanders list of citizens enough 17 years in men and citizens in the age perform military service military service registration yet.
2. April every year, the Commander of the military district level Committee ordered to call the citizens stipulated in paragraph 1 of this article to register first-time military service.
3. The population of registered military service first to directly register at the registry for military service stipulated in article 15 of this law.
Article 17. Register additional military service; When changing the place of residence or place of work, learning; temporarily absent; free registration call to enlist in the war. Register additional military service: citizens have registered military service when changing position, education level, professional level, health status and other information related to military service must be registered at the registry for military service.
2. military service registration when changing the place of residence or place of work, study: a) citizens have registered military service when changing the place of residence or place of work, learning is to have military service registration transfer registered military service; within 10 working days from the date to the residence or place of work, the new study to the registry service to register transfers to;

b) citizens have registered military service was called in to study at schools in vocational education institutions, higher education establishments in the education system to national agencies have registered who do military service military service registration transfer to the institution; After finishing his study to transfer military service registration on place of residence or place of work. The head of the institution is responsible for the Organization of citizens registered military service registration and transfer service.
3. military service registration temporarily absent: citizens have military service registration, if going from the place of residence or place of work, learning from 3 months up to where the register to military service military service registration temporarily absent; return to the place of residence or place of work, learning within 10 working days to register again.
4. To the citizens in an exemption from call-up in time of war is registered under the regulations of the Government.
Article 18. Sign up for service in the reserve quota 1. Citizens defined in art. 1 article 7 of this law.
2. a female citizen stipulated in item 2 article 7 of this law.
3. Citizens of age perform military service in one of the following cases: a) commissioned officers, demobilized soldiers;
b) professional military personnel, workers, defense officials only serve in the military and served in the police force;
c) only citizens serving in the public security people.
Article 19. Taken out of the list of registered military service 1. Citizens to be taken off the list of registered military service in the following cases: a) died;
b) ceases to age served in the reserve ranks;
c) specified in clause 1 article 13 or article 14 of this law.
2. within 10 days from the date certified by the competent military commander, the Board granted the commune authorities, organizations of citizens stipulated in paragraph 1 of this article must report the military Committee at district level decision.
Article 20. The responsibilities and powers of the agencies, organizations, individuals in military service registration and management in the age of citizens performing military service 1. The Government detailing order and registration service.
2. The Minister of Defense is responsible for directing the Organization, guiding the military service registration, regulation, registration form system of military service, the report mode, the mode check the subscription service; citizens management in the age of military service; built and managed database service.
3. the people's committees of all levels are responsible for directing the implementation of the registration service and management in the age of citizens performing military service in accordance with local law.
4. the military authorities at district level, the social level within the scope of the duty, the authority is responsible for: a) implementation military service registration and registration certificates of military service;
b) presiding, in cooperation with the relevant agencies in the age of citizen management done military service.
5. The police at district level, the social level within the scope of the duty, the authority is responsible for: a) promptly inform the Board of the same level where citizens in the age perform military service of residence they were prejudice criminal liability;
b) notifies the Board of military command the same level of change of residence, temporary absence, temporary stay, stay of citizens of age perform military service and to manage the registration of military service;
c) in collaboration with the local military authorities and other relevant bodies to check and handle those who violated the rules of military service registration.
6. the organs of the Organization, is responsible for coordinating with the military institutions of the same level made provisions on military service registration and management in the age of citizens performing military service.
Chapter III SERVICE of COMMISSIONED OFFICERS, SOLDIERS in ACTIVE and COMMISSIONED OFFICERS, RESERVE SOLDIERS category 1 SERVICES of COMMISSIONED OFFICERS, FIVE SOLDIERS in article 21. The time limit for serving in five of commissioned officers, soldiers, 1. The duration of service active during peacetime of commissioned officers, soldiers, is 24 months.
2. The Minister of Defence decided to prolong the term of active service commissioned officers, soldiers, but not more than 6 months in the following cases: a) To ensure the mission is ready to fight;
b) is performing the task of prevention of natural disasters, epidemics, rescue, rescue.
3. The term of service of the non-commissioned officers, soldiers in a State of war or a State of emergency on defense are ordered general mobilization or partial mobilization.
Article 22. Calculation of service life of service of commissioned officers, soldiers, 1. The time served in the commissioned officer ranks, soldiers are counted from the date of delivery, the receiver military; in the case of non-delivery, received the military focus on adjectives, then units receiving people's army until it was decided by the authorized discharge.
2. time, penalty of jail time in detention are not counted on time served in the army.
Article 23. Service of commissioned officers, soldiers have the professionalism, technique 1. Non-commissioned officers, soldiers have the professionalism, technique when performing military service was used to position the work to suit the needs of the army according to the regulations of the Minister of national defence.
2. Non-commissioned officers, soldiers, after the expiry of service active, or are in service with the reserve quota can meet the army's requirement, if voluntary and demand the army be a selection switch to serve under the regime of professional military personnel, officers or employees defense officials, according to the provisions of the law.
Category 2 SERVICES of COMMISSIONED OFFICERS, RESERVE SOLDIERS article 24. Rank of commissioned officers, reserve troops 1. Commissioned officers, reserve soldiers are divided into non-commissioned officers, reserve soldiers and a reserve soldier class.
2. Non-commissioned officers, reserve a class soldiers: a) commissioned officers, demobilized soldiers already serving active enough may 6;
b) commissioned officers, demobilized soldiers took over the fight;
c) male citizens only serves in the public security of the people, the time has come to serve from 20 months or more;
d) citizen is the professional military personnel only serve Active;
DD) citizens are workers, defense officials are turning the mode from non-commissioned officers, soldiers have quit;
e) core self-defense militias completed the obligation to join self-defense militias, which have at least 12 months of militia duty or permanent defensive coaching focus enough 3 months or more;
g) citizen is second class reserve soldiers took over coaching focus enough 6 months or more;
h) complete mission citizen participation public safety continuous Township from 36 months or more full.
3. second class reserve soldiers: a) citizen of the demobilized soldiers in the South, have active service under 6 months;
b) workers, defense officials not subject to the provisions in clause 2 DD points this out;
c) male citizens only served in public security people already serving time under 12 months;
d) citizens off the age called not yet served in active service and joined the people's public security;
DD) female citizens have registered military service as stipulated in paragraph 2 of article 12 of this Law.
Article 25. Age of commissioned officers, reserve soldiers age served in the reserve ranks of Officer cadet, soldiers are defined as follows: 1. Citizens to the end of 45 years of age;
2. female citizens to end 40 years of age.
Article 26. The age group served by the commissioned officers, reserve troops 1. Years of service of commissioned officers, reserve soldiers are divided into two groups as follows: 1. Group a: citizens to end 35 years of age, female citizens to end 30 years of age;
2. Group B: citizens from 36 years to the end of 45 years, female citizens from age 31 to the end of 40 years.
Article 27. Training, exercise, motivation, readiness test readiness for commissioned officers, reserve troops 1. For commissioned officers, reserve a class soldiers: a) Must participate in training, maneuvers, test ready encouragement, combat-ready reserve units mobilized in total not exceeding 12 months;
b) the Prime Minister decides the number of commissioned officers, reserve soldiers called a class focused training, rehearsal, testing candidates ready, ready to fight every year;
c) grounded decision of the Prime Minister, the Minister of Defense decided to allocate target for military units; specified number of times and duration of each training; between coaching, known commissioned officers, reserve soldiers to check focus ready encouragement, combat-ready in less than 7 days; the case needed to be right to keep non-commissioned officers, reserve soldiers training to stay more not so 2, but total time not exceeding the period specified in point a of paragraph 1 of this article.
2. The training for reserve soldiers in the second due to government regulations.
Article 28. Health check for commissioned officers, reserve troops 1. Commissioned officers, reserve soldiers were on the reserve units mobilized before the training exercises, focus is the health check.
2. the people's committees at district level medical director in collaboration with related agencies held health check for commissioned officers, reserve soldiers.
Article 29. Commissioned officers Foundation Award, the reserve soldiers end age or no longer healthy enough to serve in the reserve ranks shall be whether the award according to the decision of the Commander of the military Committee at district level.
Chapter IV DISCHARGE and JOINED the ARMY in TIME of PEACE Item 1 CALL CITIZENS to ENLIST article 30. Call-up of citizens age 18 are called; call-up age from 18 to the end of 25 years; citizens trained college degree, the University has been postponed, the call-up age call-up to the end of 27 years.
Article 31. Citizen standard call-up and fulfill the obligation to join the people's public security 1. The inhabitants are called when the following criteria: a clear history);
b) strictly way, advocates of the party, policy, the laws of the State;
c) healthy enough to serve active according to the regulations;
d) Have appropriate cultural level.
2. standard of citizens referred to fulfill the obligation to join the people's public security as defined in article 7 of the law on public security of the people.
Article 32. Recognizing soldiers in five

Citizen to 17 years, have served long-term aspirations in the people's army, have qualified under the provisions of the law, is studying at the school, the military recognized as soldiers in the army.
Article 33. The number, time of call to enlist citizens and service to join the people's public security in the year annually, call citizen service and join the public security people once in February or March; where necessary for reasons of national defence, the security referred to enlist citizens and service to join the people's public security second. For local disaster or dangerous disease is called time adjustment and service of public security of the people involved.
Article 34. The Authority decided to enlist citizens and calls the service to join the people's public security 1. Prime time decision, the number of calls to enlist citizens and service to join the people's police for the province, central cities (hereafter referred to as the provincial level); the decision to call the citizens to enlist and engage people's public security service a second time; the decision to adjust the number, time of call and citizen service involved public security people for the level prescribed in article 33 of this law.
2. Pursuant to the decision of the Prime Minister, Defense Minister, Minister of public security decided to enlist citizen called the number and carry the obligation to join the people's public security for units of local provincial authorities.
3. The Chairman of the provincial people's Committee decided to communicate the number to call to enlist citizens and service to join the police at district level for local people.
4. the Chief of the provincial military agencies, districts, provincial police Director, Chief of police at district level staff responsible for people's Committee Chairman at the same level in the delivery of the number calling citizens to enlist and fulfill the obligation to join the police at district level for local people , social agencies and local organizations; direction selection and citizen service involved public security people.
5. President of the district-level people's committees decided to communicate the number to call to enlist citizens and service to join the people's public security for local social agencies and local organizations; the decision called citizens list and perform the obligation involved public security people at the suggestion of the Council compulsory military service at the same level.
6. the Commander of the military district level Committee ordered to call each citizen to enlist; Police districts ordered call each citizen service involved public security people. The call to enlist, call service to join the people's public security must be delivered to citizens before the time stated in the order for 15 days.
Article 35. The responsibility of agencies, organizations, individuals in a selection, call the citizens joined the army and national service to join the people's public security 1. The people's Committee, the Agency, the organization responsible for implementing a selection, call the citizens joined the army and national service to join the people's public security guarantee democracy, fairness, public, sufficient quantity, the right audience, standard time, as specified by law; guaranteed for citizens referred to enlist and engage people's public security service present on time, location.
2. the people's committees at district level are responsible to organize delivery of call-up of citizens and national service to join the people's public security units to receive military and logistic force ceremony in accordance with the regulations.
3. The people's Committee, the township level, the organization is responsible for publicizing the number, object, called standard; the list of eligible citizens to enlist and engage people's public security service; the list was citizen and fulfill the obligation involved public security people; list of postponed, long called at the headquarters level to commune people's Committee, agency, organization.
4. receiver military unit is responsible for coordinating with the people's Committee of the levels made the selection, calling citizens to enlist and engage people's public security service.
5. The population of call-up and fulfill the obligation to join the people's public security must be present in the right time and place stated in the order; where there is good reason that can not come to the right place, then time must be confirmed by the people's Committee of social place of residence or work place organization, study, and report the Commander of Chief Military Commander, Chief of police at district level.
Article 36. The Council of military obligations 1. The people's Committee established the level of the Council compulsory military service to help people's Committee at the same level to make the laws on military service.
2. The composition of the Council compulsory military service levels: a) the Council of military service and the provincial level, district level including: President of the Council compulsory military service is the Chairman of the provincial people's Committee, the district level;
Deputy Chairman of the Council compulsory military service as Commander of the military authorities, the provincial district level;
The Vice President of the Council compulsory military service is the Director of provincial public security, Chief of police at district level;
The Commissioner of the Council compulsory military service as the head of the Vietnam Fatherland Front Committee, the Vietnam Labor Union, the Communist Youth Union Ho Chi Minh, Vietnam Women's Union, the Vietnam farmers Association, Vietnam Veterans Association and a number of specialized agencies in the Committee by the Chairman, the Committee decided to grant the same people;
b) the Council of military service levels including: President of the Council compulsory military service is a people's Committee Chairman;
Deputy Chairman of the Council compulsory military service as Commander of the military Committee;
The Vice President of the Council compulsory military service as the head of public security;
The Commissioner of the Council compulsory military service as the head of the Committee of Vietnam Fatherland Front, the Communist Youth Union Ho Chi Minh, Vietnam Women's Union, the Vietnam Veterans Association, health; the judicial officer, Registrar-financial-accounting and a number of other members by the President of the people's Committee decision.
3. The Council of military service work according to the principle of the collective; responsible to the people's committees at the same level on the implementation of the local military service; resolutions of the Council must be half the total number of voting members.
Article 37. The Mission of the Council compulsory military service granted the province of 1. Help provincial people's Committee directed the test, urging the Agency organizing the registration service and management in the age of citizens performing military service; prepare for the citizens served in the recruitment plan, call the citizens to enlist and engage people's public security service; the training of commissioned officers, reserve troops and perform modes, policies for non-commissioned officers, soldiers; steer, manual operation of the Council compulsory military service at district level.
2. Help people's Committee Chairman granted the review and resolve complaints, accusations of citizens in the implementation of the law on military service.
Article 38. The Mission of the Council compulsory military service granted the District 1. District-level people's committees help accomplish the mission recruited citizens to enlist and engage people's public security service; Steering Committee organized township level made provisions of the law on military service and steering, manual operation of the military service Council level.
2. report the people's Committee at district level decision of citizens are called, postpone call-up and long, long perform compulsory military service and national service to join the people's public security.
3. district-level people's committees Help organize citizen handed call-up, national service to join the people's public security for army units, the marine police and public security; the receiving organization non-commissioned officers, soldiers demobilized.
4. Help people's Committee at district level check, agency guidance, organizations involved in implementing the policy of military rearguard and citizens in management an perform military service in the locality.
5. Help people's Committee Chairman district level review, complaint resolution, to report in the implementation of the law on military service.
Article 39. The Mission of the Council compulsory military service granted the town 1. Help the people's Committee of social advocacy organizations, common law on military service; the Organization citizens for military service registration and medical examination.
2. report the people's Committee and the Council of social service in the district level list of citizens are called, postponed, long called and made the obligation to join the people's public security.
3. Organization for citizens made the call to enlist and engage people's public security service; the call focused training, rehearsal, ready check command mobilized, ready to fight.
4. Help people's Committee of social auditing, guide Agency, related organizations in implementing policies and managing the army rearguard citizens in an implementation in local military service.
5. Help people's Committee Chairman social review, complaint resolution, to report in the implementation of the law on military service.
Article 40. Health check for citizens called and made the obligation to join the people's public security 1. Chairman of people's Committee decided to set up district-level Health Council as proposed by the medical room at the same level.
2. the Commander of the military district level Committee ordered the health check call for citizens in a land called; Police district level health check calls out to citizens in an call service to join the people's public security. Health check-up call must be delivered to citizens before the time of the health check 15 days.
3. The Board examined the health district level health organizations for citizens in a land called and called the service involved public security people; where necessary, determine the paraclinical tests, including tests to detect drugs, HIV; ensure correct and responsible health examination results of military service.

4. health examination period from November 1 to December 31 every year. Time health check call citizens to enlist and engage people's public security service the second time according to the provisions of article 33 of this law by the Prime Minister to decide.
5. health classification results must be listed in the people's Committee, the township level agencies, held within 20 days.
Section 2 POSTPONED CALL FREE and CALLED Article 41. Postpone call-up and called 1. Postpone call-up for the citizens: a) not yet healthy enough to serve active according to the conclusions of the Health Council;
b) Is the only labor must foster direct relatives no longer labor ability or have not reached the age of labour; heavy losses in the family of the person and property due to accident, disaster, disease causing dangerous are the people's Committee confirmed township level;
c) A child of the disease, dioxin contamination of the deterioration of labor from 61% to 80%;
d) Have siblings or children is non-commissioned officers, soldiers are serving in five; non-commissioned officers, soldiers perform the obligation to join the public security people;
DD) who belonged to an immigrant, relax in, head to the town especially hard by economic-development projects of the State society because people's Committee decision to the provincial level;
e) officers, public servants, youth volunteer was assigned to the task, work in the social-economic conditions particularly difficult under the provisions of the law;
g) are studying in educational establishments; being a university level training system in higher education establishments, the regular college degree in occupational education institution during a training course of a level of training.
2. Exemption from call-up for the citizens: a) the son of the martyr, son of wounded soldiers to a class;
b) A uk or a brother of martyr;
c) A child of two wounded soldiers; one of the soldiers disease deterioration of labor from 81%; a son of the Agent Orange contamination potential labour from 81%;
d) Who work the muscle weakness is not military personnel, of public security of the people;
DD) public servants, youth volunteer was assigned to the task, work in the social-economic conditions particularly difficult under the provisions of the law from 24 months or more.
3. Citizens belonging to an postpone call-up rules in paragraph 1 of this article, if no longer the reason for deferment shall be called.
Citizens in an be postponed call to enlist or be exempt from call-up to the provisions in clause 1 and clause 2 of this, if the volunteer was considering a selection and called.
4. The list of citizens in an was postponed, are exempt from the call-up must be listed in the people's Committee, the township level agencies, held within 20 days.
Article 42. The Authority decided to postpone call-up, long known to enlist and recognize completed military service in five 1. Chairman of people's Committee of the district level decision to postpone call-up and as long called for citizenship specified in article 41 of this law.
2. the Chief of the District Military Committee decided to recognize the completion of military service and active citizens with the provisions in paragraph 4 Article 4 of this law.
Item 3 Article 43. Conditional discharge 1. Non-commissioned officers, soldiers have served expiry of service specified in clause 1 and clause 2 of article 21 of this Law shall be demobilized.
2. Non-commissioned officers, soldiers in Active can be demobilized before the deadline when the Council of military medical examiners concluded not healthy enough to continue serving in the active or the cases specified in point b and point c of paragraph 1; the points a, b and c of paragraph 2 of this Law 41 Articles.
Article 44. Authority, responsible for settling demobilized 1. The Minister of Defence decided to discharge annually for non-commissioned officers, soldiers serving in the army.
2. unit commander and regiment level equivalent to back up the decision with respect to each demobilized officers, the soldiers of the right; officers farewell ceremony, the soldiers completed the obligation to serve in the fifth and delivered to district-level people's committees have delivered.
3. the discharge time must be notified before 30 days for non-commissioned officers, soldiers and the people's committees at district level where the military agency, organization or place of work, learning prior enlisted.
4. the people's committees at district level, the social level and the Agency held to organize the reception Officer cadet, demobilized soldiers.
Article 45. Responsibilities of commissioned officers, non-commissioned officers demobilized soldiers, demobilized soldiers; non-commissioned officers, soldiers completed service joined the people's public security when on the residence or place of work, learning within 15 working days must come to the registry to register for military service serving in the reserve ranks.
Chapter V JOINED the ARMY UNDER the COMMAND of ENCOURAGEMENT, DEMOBILIZED when the ABOLITION of a STATE of WAR or a STATE of EMERGENCY on DEFENSE Article 46. Called when activity command When orders general mobilization or partial mobilization, the call-up following the decision of the Prime Minister and the Defense Minister's order.
Article 47. The responsibility of agencies, organizations, individuals in command officers 1. When orders general mobilization or partial mobilization, the Defense Minister ordered the suspension of discharge, vacation for soldiers, non-commissioned officers; non-commissioned officers, soldiers are on vacation must return to the unit.
2. the Commander of the military district level Committee ordered to call each citizen to enlist under the decision of the President of the people's Committee at the same level.
3. Citizens are called to be present on time and location noted in the call to enlist.
4. The people's Committee, the township level, the Organization has the responsibility to organize the citizens accepted the call to enlist.
Article 48. Discharge order abolished the State of war or a State of emergency about defense 1. When ordered to annul the order general mobilization or partial mobilization, the Prime Minister decided to discharge for commissioned officers, soldiers.
2. The authority, responsible for specific discharge resolution for non-commissioned officers, soldiers are made according to the provisions of article 44 of this law.
Chapter VI mode, POLICY and BUDGET GUARANTEE in PERFORMING MILITARY OBLIGATIONS in Article 49. Policy mode of citizens in time of military service registration, examination, health check 1. Citizens are working at the Agency, held in the duration of military service registration, examination, health inspection service shall be paid wages, raw money train car and existing allowances.
2. Citizen to military service registration, examination, health guaranteed, in the duration of registration, examination, health check, money train car, on.
3. Government detailing this.
Article 50. Mode, the policy for non-commissioned officers, soldiers serving in active, discharge and 1. For non-commissioned officers, soldiers in active service: a) are guaranteed to provide timely, full, right about the quality of food, food, ammunition, drug prevention and treatment; guaranteed monthly allowance, accommodation, food and cultural needs, the spirit consistent with the nature and mission of the military; secured mode in the holidays, lunar new year; be sure to take care when wounded, suffering from sickness, accident in accordance with the law;
b) From 13th month onwards are vacation under the regime; the case rested because of unanticipated by Defense Minister regulations;
c) from may fifteen second onwards to enjoy 250% more allowances currently ranks enjoy monthly;
d) calculated demographic in the family when the family was delivered or adjust the area of housing, the housing and construction land arable;
DD) Was serving time in active working time;
e) Are incentives on postage;
g) achievements in combat, training, work was rewarded in accordance with the law;
h) in the case of injured, ill when on duty contest enjoying preferential regime prescribed by law;
I) Are guaranteed State social insurance regime, health insurance under the provisions of the social insurance Law, the law on health insurance;
k) Be postponed and do not charge interest on loans from the Bank of social policy that prior enlisted members to poor households, students, students in accordance with the law;
l) priority enrolment in the military.
2. With respect to relative non-commissioned officers, soldiers, active: a) father, mother tongue; Dad, mom, Dad, wife or mother-in-law; legal carers; wife or husband; child, adoption of non-commissioned officers, soldiers in Active enjoying medical insurance mode in accordance with the law on health insurance, support of the difficulties the State budget guarantees;
b) offspring, legitimate adoption of non-commissioned officers, soldiers in Active discount, exemption when studying in educational establishments and the public outside the establishment under the provisions of the law on free mode, reduced fees;
c) case officers, soldiers in the five sacrifices, died while on duty, the families are entitled to the preferential regime in accordance with the law.
3. for non-commissioned officers, soldiers, when discharge: a) are granted money to ship the car, road allowances, grants discharge;
b) before enlistment are learning or have a paper called learning at schools in vocational education institutions, higher education establishments, the saved results, be receptive to learning in the schools;
c) subsidized job creation;
d) before enlistment are working in State agencies, political organizations, social-political organizations, then when the discharge authority, the organization that is responsible for receiving, arranged employment and guarantee not lower income before enlistment; the case Agency, that organization was dissolved, the authorities, the superior organization directly responsible for arranging suitable employment;

DD) before enlistment are working in the economic organization of the contest when the five organizations that are responsible for receiving back, arranged employment and guaranteed wages, remuneration that corresponds to the location of jobs and salaries, remuneration prior to enlist; cases of economic organizations have active termination, dissolution or insolvency, then the resolve mode, the policy for non-commissioned officers, soldiers demobilized is done as for the employees of economic organization which pursuant to law;
e) resolved social insurance benefits under the provisions of the law on social insurance;
g) for non-commissioned officers, soldiers demobilized as stipulated in paragraph 1 to article 43 and Article 48 paragraph 1 of this law, when the local authorities about the levels, the Agency held job placement and priority points in admissions, hiring public servants, officers; during the episode entitled 100% of the salary and allowances of the recruitment quota corresponding to level of training.
4. Government detailing this.
Article 51. Mode, the policy for commissioned officers, reserve soldiers, non-commissioned officers, reserve soldiers during training exercises, concentration, motivation, readiness test readiness then ourselves and enjoy family policy regime prescribed by the Government.
The case of injury, illness or death while on duty then ourselves and families enjoy preferential regimes under the provisions of the law.
Article 52. The responsibilities of the Agency, held in execution mode, for family policy non-commissioned officers, soldiers in the people's committees of all levels, the Agency organized within the scope of the functions and powers have a responsibility to make the regime for family policy, non-commissioned officers, soldiers in active and commissioned officers , the reserve soldiers.
Article 53. The budget guarantee for the implementation of military service 1. The central budget funding secured for the implementation of the military service, the Central Agency.
2. local budget funding secured for the implementation of the Agency's military service, the Organization of local units.
3. Funding for the implementation of the military side of the business, organizations do business, organizations that self insure.
4. Government detailing this.
Chapter VII mission, the AGENCY'S POWERS, the ORGANIZATION Article 54. State administration of military obligations 1. The unified Government Administration about military service within the country.
2. The Department of Defense is responsible for helping the Government implement state management on military service.
3. The ministries, ministerial-level agencies to coordinate with the Ministry of defence made managing the State on military service under the authority.
Article 55. The duties and powers of the Ministry of defence 1. Issued or the authority issued legal documents about military service.
2. Implementation of the legal text about military service.
3. To coordinate advocacy, education, common law on military service.
4. test, inspection, appraisal, processing the violation; complaints, accusations about military service in accordance with the law.
5. To sum up the work of enforcing the laws on military service.
Article 56. The duties and powers of the ministries, ministerial agencies 1. The Ministry of public security public security Director in collaboration with the local military authorities the same level of organization make the laws on military service.
2. The Health Ministry directed local health agencies to coordinate with the military institutions of the same level held military service health check; coordinated with the Defense Department to rule on health standard done his military service.
3. The Ministry of education and training is coordinated with the Ministry of defence to steer, guide the institution to implement the law on military service and implementation of staff training, professional technical personnel for the army following a decision of the Prime Minister.
4. The Ministry of labour, invalids and Social Affairs held a policy of military rearguard on the family commissioned officers, soldiers; vocational, employment policy for non-commissioned officers, soldiers demobilized; directing, guiding the career education facility administered perform staff training, professional technical personnel for the army following a decision of the Prime Minister.
5. The information and communication Ministry directed the information agency organizing advocacy, education, common law on military service under the provisions of the law.
6. The ministerial bodies, and agencies, organized within the scope of the duty, the authority responsible for coordinating with the Department of Defense implemented the provisions of the law on military service.
Article 57. The responsibility of the Vietnam Fatherland Front and the Member organizations of the Vietnam Fatherland Front and the front's member organizations in the scope of the duty, the authority responsible for monitoring the implementation of the law on military service of the Agency, organization, individual.
Article 58. The duties and powers of the people's Committee of the level 1. Directing and organizing the implementation of laws on military service locally.
2. Organize the registration, management of aged citizens perform military service.
3. Responsible for the quantity, the quality of the citizens, implement the obligation to join the public security of the people and citizens served in the reserve ranks of the people's army.
4. Within the scope of its powers, duties, inspection agencies, organizations and individuals implement the laws on military service locally.
Chapter VIII TREATS breach of article 59. Handle violation 1. The Organization, individuals are evading behavior, oppose, impede the implementation of compulsory military service, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice to criminal responsibility.
2. Non-commissioned officers, soldiers in active, commissioned officers, reserve soldiers during training exercises, concentration, motivation, readiness test readiness that violating the discipline, breaking the law, then, depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 60. This form of discipline for officers, men 1. This form of discipline for officers, soldiers: a) reprimand;
b) warning;
c) demoted;
d) resignation;
Christmas rank ranks);
e) Stripped of the titles.
2. Minister of Defense regulations adopting the form of discipline, deadlines, sequence and disciplinary authority for non-commissioned officers, soldiers.
Chapter IX Article 61 ENFORCEMENT TERMS. Effect 1. This Act has effect from January 1, 2016.
2. The law on military service on December 30, 1981; Law on amendments and supplements to some articles of the law on military service of 21 December 1990; Law on amendments and supplements to some articles of the law on military service of 22 June 1994 and the law amending and supplementing some articles of the law on military service no. 43/2005/QH11 on June 14, 2005 expired from the day this law have enforceable.
Article 62. Detailed rules of the Government, the Ministry detailing the implementation of the articles, be delivered in terms of law.
This law was the National Assembly of the Socialist Republic of Vietnam locked XIII, 9 session through June 19, 2015.

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