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Decree 42/2010/nd-Cp: Regulation Of Citizens In An Do Military Service Are Exempt From Call-Up In Time Of War

Original Language Title: Nghị định 42/2011/NĐ-CP: Quy định công dân thuộc diện làm nghĩa vụ quân sự được miễn gọi nhập ngũ trong thời chiến

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on defence 14 June 2005;

Pursuant to the law on military service December 30 1981, amended and supplemented in 1990, 1994 and 2005;

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

Considering the recommendation of the Minister of national defence, the DECREE: article 1. Scope of this Decree regulated the citizenship case in an do military service are working in 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 , organization) are exempt from the call-up in time of war.

Article 2. Application object 1. This Decree shall apply to citizens of Vietnam in an do military service under the provisions of the law on military service (including female citizens have the expertise needed for the military); the Agency, held in Vietnam citizens place an do military service.

2. This Decree shall not apply to the citizens are served in the public security of the people, the citizens have expertise in specialized units of the reserve and the citizens are the Defense maneuver in military service when needed.

Article 3. Explanation of terms In this Decree, the following words are interpreted as follows: 1. The citizen in an do military service aged citizens are obliged to serve in active and served in the army's reserve quota in accordance with the military service Law and law of Vietnam people's army officers.

2. Exemption from call-up in time of war is long known to serve active military order general mobilization or partial mobilization and command during the war.

Article 4. The regulation of citizens in an do military service are exempt during the war called The citizen rules in an do military service are exempt from call-up in time of war to proactively plan for mobilizing reserve officers supplement the permanent forces of the army , ensure sufficient forces ready to fight the war invaded the country firmly defend the Socialist Vietnam, at the same time to maintain governance, maintain social activities and ensure the economic activities of the country in time of war.

Article 5. Citizens are exempt from the call-up in time of war. Citizens are exempt from the call-up in time of war in one of the following cases: a) citizens are kept key positions in State agencies, the Vietnam Communist party organization, social-political organizations from local to Central, organized labor has much economic or have a major impact on economic activity in a region , an industry, a sector of the economy of the country; If this citizen enlisted will directly reduce, disrupt or stop the operation of the Agency, that organization, directly affected the maintenance management, social activities and operation of the country's economy.

b) plan citizen guaranteed for Defense operations in time of war.

c) citizens are working in these positions are especially important as are working in the national key projects, the industry body, draw, print banknotes, the meteorological stations, hydrology, marine lights, Navigator, Chairman of the Ministry-level research, international, national, industry and the important place in special trades.

d) citizens working in agencies, organizations that are active in the area particularly hard as the frontier town, Islands, the minority ethnic areas was the Government identified particularly hard economically, socially.

DD) citizens are recognised authority has advanced level of professional service and are paid higher level of expertise, that profession.

e) skilled citizens, more experience to maintain the Agency's activities, the organization grew in time of war as in skilled ranks last in may ranks back down or two ranks last in a six-degree scale upwards.

g) citizens have high levels of scientific research or the source of talent development for the country.

h) is the most toxic citizens or the only son of the martyr.

2. When there are needs, the Defense allowed a number of citizens with expertise in the subjects specified in paragraph 1 of this article to serve in the military.

3. Citizens belonging to an exempt call-up in time of war if any single volunteer service in the army and the consent of the head of the Agency, management organization, use that person then can be called.

4. Department of Defense regulations for specific categories of citizens in an do military service are exempt from call-up in time of war. The Ministry of the Interior and the Ministry of labor, invalids and Social Affairs is responsible for coordination with the Ministry of defence in identifying specific categories certain do military service are exempt from the call-up in time of war.

Article 6. Register, manage the citizens in an exempt call-up during the war. The registration of military service of citizens in an do military service are exempt from call-up in time of war (called the private registration) made under the provisions of the law on military service registration.

2. Citizens belonging to an exempt call-up in time of war after registering with the District Military Committee, district, town, city in the province is managed separately according to the regulations of the Minister of national defence.

Article 7. The prohibited acts 1. Advantage of the prerogatives, powers confirmed untrue about the location of the work, active, qualified, skilled and other content for citizens in an do military service, create conditions for them to evade military service.

2. false declarations about the location of the work, operations, vocational qualifications and the content of the self to evade doing military service.

3. Non-observance of the regulations on the right to register according to the provisions of article 6 of this Decree.

Article 8. Handle violation of individual organization violates the provisions of this Decree, depending on the nature and the level will be disciplined; sanctioning administrative violations or arrested save for criminal liability in accordance with the law.

Article 9. Effect 1. The Decree has effect as from October 1, 2011.

2. This Decree replaces Decree No. 82, dated May 6, 1982 of the Council of Ministers issued the list table and certain professions do military service are exempt from call-up order mobilization.

Article 10. Responsibility 1. The Minister of national defence within the scope of the functions, duties, his powers have a responsibility to guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.