Circular No. 184/2011/tt-Bqp: Regulations Category Of Citizens In An Do Military Service Are Exempt From Call-Up In Time Of War

Original Language Title: Thông tư 184/2011/TT-BQP: Quy định Danh mục công dân thuộc diện làm nghĩa vụ quân sự được miễn gọi nhập ngũ trong thời chiến

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pursuant to the law on military service of 30 December 1981; The revised law supplementing the law on military service in 1990; The revised law supplementing the law on military service in 1994 and the revised Law supplementing the law on military service in 2005;

Basing the Ordinance on reserve mobilization on August 27, 1996;

Pursuant to Decree No. 42/2010/ND-CP of August 13, 2011 the Government's citizenship in an do military service are exempt from call-up in time of war;

Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;

Proposal of the Chairman, the Secretary of the Department of Defense regulation category of citizens in an do military service are exempt from call-up in time of war, is as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular defined the category of citizens in an do military service are exempt from call-up in time of war, as defined in article 5 of Decree 42/2010/ND-CP on January 13, 2011, government regulation of citizens in an do military service are exempt from call-up in time of war.

Article 2. Application object 1. This circular applies to citizens of Vietnam in an do military service under the provisions of the law on military service (including females have the expertise needed for the military); State agencies, political organizations, political organizations, social organizations, business units, agencies, foreign organizations, international organizations active on the territory of the Socialist Republic of Vietnam (hereinafter referred to as the Agency) where citizens in Vietnam an doing military service.

2. This regulation does not apply to citizens in service of public security of the people, the citizens, have expertise in the specialized unit.

3. where necessary, the Minister of Defense to the citizens has the expertise to serve in the army including the citizens in an exempt call-up in time of war.

Article 3. Explanation of terms In this circular, the following words are interpreted as follows: 1. The amount of the enterprise's workers who are working in the enterprise and join the compulsory social insurance.

2. The bodies, the organization specified in this circular are the agencies, institutions function normally in time of war.

3. Percentage of citizens are exempt from the call-up is the ratio between citizens are exempt from the call-up during the war compared to citizens in an do military service.

Article 4. Confirmation of the citizens are exempt from the call-up in time of war. Citizens are appointed by decision service, activity or have the certification of professional qualifications, academic, education, titles of authority is the base to confirm that citizens belonging to an exempt call-up in time of war.

2. Confirmation of the number of citizens that are specifically exempt from call-up by the percentage of the Agency, held in this circular because of commanding military District Board, district, town, city in the province (hereinafter referred to as district level) confirmed to the Agency, the Organization has its headquarters located in the area.

Article 5. Register, manage the citizens in an exempt call-up during the war. The registration of citizens in an exempt call-up in wartime made under article 29, article 30 of Decree No. 83/2001/ND-CP dated 9 November 2001 of the Government on military service registration.

2. management of citizens in an exempt call-up in time of war: a) the citizens in an do military service are exempt from call-up during the war after having registered with the military authorities at district level are private management, annual report to level up on prescribed;

b) Six months, in the period from May 1 to June 10, and from December 1st to 10th of July every year, the military commander of communes, wards and towns (hereinafter referred to as the social level), the military commander or the head of the Agency, held to Ban military district level collation , amend, supplement the list of the citizens in an do military service are exempt from call-up in time of war.

Chapter II CATEGORY of CITIZENS in an DO MILITARY SERVICE are EXEMPT FROM CALL-UP in TIME of WAR article 6. Citizens are exempt from the call-up in the State bodies 1. Chairman of people's Committee of social level; Command Chief Military Commander, Chief of the public security frontier Township, Islands, the minority ethnic areas was the Government determine the particularly difficult economic and social; Chairman, Vice Chairman of the Standing Committee of people, President of the people's Councils at district level; Chairman, Vice Chairman of people's Committee, the people's Council, the central cities (hereafter referred to as the provincial level).

2. the head of the room: financial-planning, Interior, labor, invalids and Social Affairs, education and training, agriculture and rural development for the district or for the County, towns and cities in the province; The Director of social insurance at district level.

3. The Chief provincial inspector, Ministry; The Inspector General, the Deputy Inspector General of Government.

4. The Director of the facility and equivalent positions in governance bodies; The Director of social insurance.

5. the Director of the service departments, ministerial-level agencies, government agencies (hereafter referred to collectively as ministries); Director, General Director, Minister, Deputy Minister and equivalent positions in central agencies the ministries.

6. the Chief of the military command Board of the Agency, held in Central.

7. The Governor of the State Bank; Director of State Bank; Director of the State Treasury.

8. The population of directly drawing, printing, minting money.

9. the Bureau of customs and Bureau Chief the Chief Stations of the station: medical quarantine, quarantine of animals, plants are working at the international gate.

10. Citizens are working in the motor industry.

Article 7. Citizens are exempt from the call-up in the Vietnam Communist party organizations 1. Party Secretary of the social level; Secretary, Deputy Permanent Secretary of the Party Committee at district level, provincial level.

2. Head of Department-level organization; Head of the construction Board of the party; Director, head of the construction Board of the Communist Party in Central.

3. the Party Secretary of the bloc of political parties, people party provincial business Blocks; Party Secretary of the Agency, held in Central; Party Secretary of the Central Committee of the Communist Party, authorities Block the central business.

4. the Commander of the military Committee of the party central body.

Article 8. Citizens are exempt from the call-up in political institutions, political-social 1. Chairman of Vietnam Fatherland Front Committee at district level, the provincial level; Head of Department and the equivalent, Chairman, Vice Chairman of the Central Committee of the Vietnam Fatherland Front.

2. The Secretary of the Communist Youth Union Ho Chi Minh district, province level; Head of Department and the equivalent, Secretary of the Communist Youth League Central.

3. The Chairman of the provincial Federation of labor; Head of Department and the equivalent, Chairman, Vice Chairman Of Vietnam's Labor Federation.

4. The President of the Assembly in the socio-political organizations at the provincial level; The Chairman, the Vice Chairman of the Central Council in the socio-political organizations.

Article 9. The positions are exempt from the call-up in the economic organization 1. Chairman of the Board members or the Chairman of the Board, the directors or the Chief Executive Officer, Chief Accountant of State enterprises there from labor or 350 State enterprises have from 150 to 350 workers under labour but have a major impact on the economic activity of a region , one of the country's economic sectors or enterprises with high technology to produce a variety of products; a Deputy Director of the State enterprise from the 700 workers; the Deputy Director, Chief Inspector, Chief and equivalent State enterprises from the 1,400 workers; Chairman of the Board members or the Chairman of the Board, the directors or General Manager for other businesses from labor over 700.

The determination of State enterprises have 150 to under 350 workers from labor, have a major impact on the economic activity of a region, a country's economic areas or high-technology businesses produce more product, recommended by enterprises; Provincial military command (where the enterprises are located), in collaboration with relevant agencies, the Chairman of the provincial people's Committee confirmed.

2. The Director of the international sea port; Director of the airports.

3. the factory manager, the captain of the team build, production, Commander of the State enterprises in the market, from 350 workers.

4. the officer in charge of the production lines, repair of the product.

5. The Director of the telecommunications Center; Director of the information operations center.

6. Captain, the head of the ships have a capacity from 1960 CV upwards in the State enterprise and not in additional plans for the permanent forces of the military order of encouragement.

7. The captain, co-pilot, Chief stewardess types in aircraft enterprises of Vietnam's national airline and is not in the plans for additional permanent forces of the military order of encouragement; Head of technical department in international aviation port; the head of the engineering company and the subsidiaries in Vietnam Aviation Corporation; Executive Director, Deputy Executive Director of the Center tap.

8. The head of the Executive Agency, national rail transport, railroad town.

Article 10. Citizens are exempt from the call-up in the power industry, coal, oil, gas, petroleum, chemicals 1. Officials and workers in the production line, fix the defense products during the war.

2. The person in charge of the operating parts, furnace repair, air in power plants; the person in charge of the operating parts, repair lines and transformer stations of the high pressure system in the base distribution and transmission of electricity.

3. Fifty percent of Petroleum Engineers in the business.


4. Citizen working in agencies, institutions in the power industry, coal, oil, gas, petroleum, chemicals that are active in the border town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

Article 11. Citizens are exempt from the call-up in the fields of agriculture, forestry and fisheries technical workers to plant, mining and processing of rubber, coffee, industrial, mining, forestry and aquatic products processing in the State enterprises working in the border town, Islands, the minority ethnic areas was the Government identified particularly hard on economics , social.

Article 12. Citizens are exempt from the call-up in the transportation sector 1. The main driver, mechanic, electrician, transports major cruising in State enterprises have the capacity of 1960 CV; ship Navigator, ship rescue vessels, hoe in SOE that the media is not in the plans for additional permanent forces of the military order of encouragement.

2. light guards staff, staff of the United goal.

3. the primary Driver, the main mechanic at the ferry boats by State media that the Manager is not in the plans for additional permanent forces of the military order of encouragement.

4. Fifty percent of the State-owned enterprise workers are unloading in the international sea ports.

5. the primary Driver of the convoy of the railroad is in operation; moderation staff to run the train, the train station, running boards online heads the rumor of Vietnam railways.

Article 13. Citizens are exempt from the call-up in the fields of electronics, Informatics, telecommunications, postal 1. Officials and technical staff guarantee service contact information defense; workers in the production line, fix the defense products during the war.

2. Fifty percent technical personnel management in enterprises from the State Labor 350 or more.

3. Officers, staff in the postal and telecommunications sector are working in the area of the border town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

Article 14. Citizens are exempt from the call-up in the mechanical industry, motivated staff, workers in the production line, fix the defense products during the war.

Article 15. Citizens are exempt from the call-up in the construction industry 1. The citizens are in charge and Chief Engineer of the national key projects.

2. supervising officers are monitoring the national key works.

3. Workers are road works, construction of key projects of countries during the war.

4. Workers in State enterprises are making the road, construction works in the locality borders, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

Article 16. Citizens are exempt from the call-up in the field of scientific research 1. Director, Deputy Director of the Scientific Research Institute, Director of the Center for scientific research, laboratory, research stations, observation, experiment stations under the Government and the ministries.

2. The Chairman of the research-level ministries, national, international.

3. doctoral level citizens are involved in scientific research, the Ministry of industry, national, international.

4. Citizens have the master level or the main researcher or over are involved in research in the scientific projects of international, national levels.

5. Citizens have the academic professors, associate professors are involved in scientific research.

Article 17. Citizens are exempt from the call-up within education and training 1. The Director, Deputy Director, principal, Vice Principal of the Academy, College, high school, College, Pro, high school, public high school; Elementary school and kindergarten.

2. The Dean of the Academy, a public University.

3. Citizens have the academic Professor, Associate Professor, Ph.d. degrees, honors elite teachers, teacher trainers, teachers, senior provincial level in all of academia, schools, educational institutions and public training.

4. Teachers are working in the area of the border town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

5. Teacher, lecturer in academia, schools, educational institutions and public training was long called the minimum amount sufficient to teach according to the number of students, existing students of that basis in time of war.

6. three prizes in the exam students are good at national level, free international call to enlist to when learning most of the University.

Article 18. Citizens are exempt from the call-up in the health sector, social 1. Director of the Medical Center, provincial society.

2. The Director of the hospital district lines; The Director, Deputy Director, head of the hospital, Central.

3. Citizens have the title people's physician, doctor of philosophy degrees are working in the medical field, the society.

4. To the citizens is the senior doctor, physician, specialist level II is working in particular majors: forensics, forensic examiners, psychiatrists, mental, tuberculosis, HIV/AIDS.

5. Officers, medical staff are working in medical institutions in the area of the border town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

Article 19. Citizens are exempt from the call-up in the field of culture and art 1. The Director of the Museum, national level.

2. the Chief of the Division of cultural art Union Central.

3. the principal Director is participating in the program, the national culture and arts.

4. Citizens have the title of people's artist is active in the field of culture and art.

Article 20. Citizens are exempt from the call-up in the sports field 1. The Director of the sports center of the national supply.

2. international level referee in the sport.

3. main coach, the national team is in competition preparation time and participate in international competition.

Article 21. Citizens are exempt from the call-up in the field of resources and environment 1. The delegation Chief, Federation Chief, a Deputy Chief of the Federation of Unions of geology, geology, the Federation of Unions, the Federation of planning and investigation of water resources.

2. The Director General, a Deputy Director General, head of the unit of Hydro-Meteorological Center in the country; Director of planning and investigation of water resources; The station head of the meteorological stations, hydrology, environmental, Naval, radar, satellite positioning in the Islands, high mountains, the district border.

3. Officers, officers and employees of resource and environmental industries are working at the border town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

Article 22. Citizens are exempt from the call-up in the judiciary, the Prosecutor, the State Audit Agency 1. The people's Court Chief Justice at district level, the provincial level; The Chief Justice, Deputy Chief Justice of the Supreme People's Court.

2. Director-level people's Procuratorate, the provincial level; Director, Deputy Director of the Supreme People's Procuratorate.

3. the Chief State Auditor audit specialization area; The State Auditor General, the Deputy Auditor General of the State.

4. the Director of the service directly under the Supreme People's Court, the Supreme People's Procuratorate, the State Auditor.

Article 23. Citizens are exempt from the call-up in the diplomatic sector 1. Vietnam citizens are exempt from the call-up under the international treaties to which Vietnam is a member.

2. Heads of the representative offices of the Socialist Republic of Vietnam in foreign countries.

3. the head of the Government delegation and the Ministry; Major anti-dumping investigation are involved negotiations or investigate.

Article 24. Citizens are exempt from the call-up of another 1. The Chairman of the Committee, Deputy of the National Assembly.

2. the President of the provincial jurist; The President, the Vice President of the Vietnam Lawyers Association standing.

3. Citizens are recognised authority has advanced level of professional service and are paid higher level of expertise, in which professional bodies, organisation.

4. Technical workers in the power industry, coal, oil, gas, petroleum, chemicals, transportation, electronics, Informatics, telecommunications, mechanics, power, construction, agriculture, forestry, fisheries and other sectors, skilled in the ranks last in may ranks back down or two ranks last in six steps up stairs in the State enterprises from the 350 employees upward mobility.

5. Citizenship is the most toxic or martyr's only son.

Chapter III the TERMS of the IMPLEMENTATION of article 25. Effective enforcement of this circular in force after forty-five days from the date of signing.

Article 26. Organizing Secretary of the ministries, ministerial-level agency heads, heads of government agencies, the Chairman of people's Committee of the central cities, and bodies of relevant organizations, within the scope of his authority, implementation of this circular. In the process of doing what obstacles the ministries, local authorities, relevant units of the Ministry of defence to consider and resolve.

Related Laws