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Circular 175 2011/ttlt-Bqp-Bgddt: A Guide To Implementing A Number Of Articles Of Decree No. 38/2007/nd-Cp Dated 15 March 2007 From The Government About Whether To Postpone Call-Up And Long Call. ..

Original Language Title: Thông tư liên tịch 175/2011/TTLT-BQP-BGDĐT: Hướng dẫn thực hiện một số điều của Nghị định số 38/2007/NĐ-CP ngày 15 tháng 3 năm 2007 của Chính phủ về việc tạm hoãn gọi nhập ngũ và miễn gọi nhậ...

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Pursuant to the law the 1981 military service Law, amendments and supplements to some articles of the law on military service in 1990, 1994 and 2005;

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;

Pursuant to Decree No. 32/2008/ND-CP dated 19 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of education and training;

Pursuant to Decree No. 38/2007/ND-CP dated 15 March 2007 from the Government about whether to postpone call-up and exempt from call-up time of peace for the citizens in the age called;

Minister of Defense-Ministry of education and training guides make a number of articles of Decree No. 38/2007/ND-CP dated 15 March 2007 from the Government about whether to postpone call-up and exempt from call-up time of peace for the citizens in the age called (collectively known as Decree 38/2007/ND-CP) as follows : article 1. Scope and objects 1. This circular instruction make clause 4, clause 9, clause 10, paragraph 11 of article 3 regarding the postponed the call-up; paragraph 3, paragraph 4 of article 7 responsibilities of the Agency, held in the postponed call free and called in the time of peace stipulated in Decree No. 38/2007/ND-CP.

2. This circular apply to citizens is students, students, students master degree, PhD and equivalent (hereafter referred to collectively as citizens) in the age called from eighteen years enough to run out of twenty-five years; the agencies, organizations and individuals involved in the performance review postponed call-up time of peace for the citizens.

Article 2. Guidelines clause 4, clause 9, clause 10, paragraph 11 of article 3 of the Decree 38/2007/ND-CP 1. Object to postpone call-up: a) citizen siblings or children is non-commissioned officers, soldiers are serving active and students are commissioned officers, soldiers are studying at schools outside the military field army, according to the plan of the Ministry of defence.

b) citizens are studying at schools in the national education system in the form of formal education focuses include:-University high school, the school has many levels, ethnic schools, boarding schools, school sales peoples, gifted school, University preparation;

-Professional secondary school, vocational, secondary vocational colleges;

-The University, colleges and universities;

-The Institute, the Research Institute has the task of training master degree, PhD and equivalent;

-The market of foreign organizations, international organizations, Vietnam who settled in foreign investment is permitted on the territory of Vietnam.

c) students are learning focus according to the regular education grant or junior high school level in the institution.

d) citizens to study at schools abroad have training time of twelve months or more.

2. The citizens stated at point b, point c, paragraph 1 d this just be postponed call to enlist in a centralized training first, the case continues to study other courses don't postpone call-up.

-The time a training course focus is calculated from the day the school regulations present admission (included in the admission notice paper) to the graduation courses.

-A course made only in a level of training, the training cases connected to unbroken continuity.

3. The following citizens not be postponed call-up in time of peace: a) to study the types of training other than prescribed in clause 2 of this Thing;

b) are learning but be terminated;

c) Self quit or stop learning a continuous period from six months upwards without good reason;

d) expiry of a school course;

enrollment Only), tuition but do not learn at school;

4. Each year, the citizens in an postpone call-up rules in paragraph 1 of this article must be checked, if no longer the reason for deferment shall be called. Citizens be postponed call-up if volunteers could be recruited, called.

Article 3. Guidelines paragraph 3, paragraph 4 Article 7 Decree 38/2007/ND-CP 1. The responsibility of the Director of the University Institute; the principal of the school, the Director of the Research Institute: a) check, receipt and delivery of the certificate of registration of military service of citizens for military districts where schools are located. The time limit for delivery is thirty days since the school opened courses.

b) notifies the Board of the district level where the school based citizen list out before sixty days to transfer the registration certificates of military service on the Board of the district level where the citizen resides or works after school.

c) timely notification to the district level where citizens reside and where the school based expiry citizens studying in the school for formal training systems focused, be terminated, quit school or stop learning continuously more than six months to put out a list of the citizens in an postpone call-up.

d) within ten days of the officers, servants, employees and students, the school's students are sent on a business trip, study abroad term from twelve months or more, to ban military districts where schools are located to sign long-term absence for citizens enlisted; If the term from three months to a year, the provisional registration. Within ten days from the date that citizens back to the school, to ban military districts where schools are located to re-register.

DD) Not receiving aged citizens called to school admission without a certificate of military service registration, the registration certificate of absence of the Commander of the army.

e) into the reception for the citizens have completed military service and have admission before or after the time of enlistment as prescribed in paragraph 4 to article 56 military service Law.

2. The responsibility of the Board of the social: the military authorities report the district level the citizens in an be postpone call-up stated in clause 1 2 of this circular to postpone call-up; Register and issue the registration certificate of absence for successful citizens for admission into the school.

3. The responsibility of the military Committee at district level where citizens reside prior to admission: a) the certificate of registration of citizens for military service have matriculated the school.

b) reception, registration, management of military service for citizens after having finished school at the school back to the place of residence and the number of citizens be terminated, quit school or stop learning as defined in paragraph 3 article 2 to this circular.

4. The responsibility of the Board of the district level where the school is based: a) the reception, management of the citizens must register in military service are studying at schools in management.

b) transferring the registration certificates of military service of citizens has graduated about military Committee at district level where citizens domiciled or where to work after graduation.

c) notice, transfer the registration certificates of military service of citizens at the expiry for the centralized training system, be terminated, quit school or stop learning as specified in clause 3 2 of this circular Thing on the military Committee at district level where citizens reside.

d) subscribe, manage the registration certificates of military service of citizens in an enlisted Airman, was sent to study abroad.

DD) make annual registration regime for citizens in the age called in the market under the provisions of Decree No. 83/2001/ND-CP dated 9 November 2001 of the Government on military service registration.

5. The responsibilities of the Board the district level where the citizen to work after school: test, reception, management of the registration certificates of military service to local citizens to work. If citizens have the regular address other residence where the military Committee at district level where citizens resident test, reception, management of the registration certificates of military service of citizens.

6. responsibility of citizens: a) the case was getting calls and getting paper admission into training colleges, University College degree or above must be reported to the Board before the township-level military commander ten days since the delivery time specified in army call-up orders to postpone call-up. Cases not reported or reported after the deadline on cannot postpone call-up.

b) citizens receive paper admission intermediate training professional, vocational and secondary vocational college, receiving the call to enlist at the latest after three days to report to the Board of the social to be postpone call-up. Cases not reported or reported after the deadline on cannot postpone call-up.

c) citizen to make school admissions must carry registration certificates of military service by military commanders at district level, the registration certificate of absence due to military command Board social residence.

7. The responsibility of military units for citizens has enlisted have matriculated to study at the school.

The unit is managing military personnel (the Brigade, and Regiment levels equivalent) are responsible to inform the school (where admission paper release) to retain the successful result of the contestant until the completion of his military service under regulations 4 online access account, 56 of the law on military service.

Article 4. Implementation 1. The relevant authorities of the Ministry of defence, the Ministry of education and training base functions, the mission is responsible for coordinating and directing implementation and conduct inspection, check this circular process of organizations and individuals in accordance with the provisions of the law.

2. The military districts, the military command of the province, the city of centrally track steer, guide and Board-level military commanders to coordinate closely with the schools in the process of implementation.

Article 5. Enforceable


1. This circular is in effect enforced since June 30, 2011 and replaces circular No. 121/2007/TTLB-BQP-BGDDT on August 7, 2007 the Department of Defense-Ministry of education and training to guide implementation of Decree No. 38/2007/ND-CP dated 15 March 2007 from the Government about the delay and exemption from call-up in time of peace for the citizens of call-up age.

2. The President of the people's Committee; the Director of the University, the Academy, the headmaster of the school, the Minister of research, Commander of the Agency, the unit responsible for implementation of this circular.

In the process if there are difficulties, obstacles and suggest the Agency, organization, personal reflections on the Ministry of defence, the Ministry of education and training to consider and resolve.