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Law 43/2005/qh11: Additional Amendment Of Some Articles Of The Law On Military Service

Original Language Title: Luật 43/2005/QH11: Sửa đổi bổ sung một số điều của Luật Nghĩa vụ quân sự

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Additional amendment of some articles of the law on military service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law amending and supplementing some articles of the law on military service was the National Assembly of the Socialist Republic of Vietnam passed on 30 December 1981, amended and supplemented the first order on December 21, 1990, the second on June 22, 1994.
Article 1. Amendments and supplements to some articles of the law on military service: 1. Article 12 is amended and supplemented as follows: "article 12 the male citizen eighteen years old enough to be called; the age called in time of peace from eighteen years enough to run out of twenty-five years ".
2. Article 14 be amended and supplemented as follows: "article 14 service active during peacetime of commissioned officers and enlisted men is eighteen months.
The duration of service active during peacetime of lower officers, non-commissioned officers and enlisted technical expertise by training, army officers and soldiers on board the Navy's twenty-four months ".
3. Article 16 is amended and supplemented as follows: "article 16 the calculation time of the start and end of time served in five of the officers and soldiers led by Minister of Defense regulations.
Desertion time isn't counted in the limited time available at the five ".
4. Article 22 is modified and supplemented as follows: "article 22 citizens are called to be present in the right time and place stated in the order, if there are legitimate reasons cannot come to the right place and time, they must have the certificate of the people's Committee of the commune, Ward , (hereinafter the township-level people's committees) place of residence ".
5. Article 24 is amended and supplemented as follows: "article 24 1. The people's Committee of the levels established in the military service Council level to help the Committee organize people to perform military service in the locality.
2. The composition of the Council compulsory military service levels are defined as follows: a) the Council of the military service, the central cities, districts, counties, towns and cities in the province include the President of the people's Committee of the President, the Vice President is Chief of the local military authority , the Commissioner is responsible for ngườiphụ the public safety sector, justice, planning, labour, invalids and social, health, education, culture and information, finance and representatives of national committees, the Labor Union, Youth Union, women's Union, the Association of farmers, Veterans Association;
b) military service Council communes, wards and towns including the Chairman is the President of the people's Committee, the Vice President is the captain, the Township is the person in charge of the public security sector, justice, health, finance and representatives of national committees, Youth Union, women's Union , Veterans, some other members by the President of the people's committees at the same level.
3. The Council of military service work according to the principle of the collective; resolutions of the Council must be half of the total members of the Board voted approval ".
6. Article 29 is amended and supplemented as follows: "article 29 1. The following are citizens postpone call-up in time of peace: a) not enough health serves active according to the conclusions of the Health Council;
b) Is the only workers to directly feed the others in the family no longer labor or have not reached the age of labour;
c) Have siblings or children is non-commissioned officers, soldiers are serving in five;
d) teachers, medical staff, youth volunteer is working in remote areas, border areas, Islands, particularly hard; officers, public servants, officers are assigned to work in these regions;
DD) are researching State-level scientific work are Ministers, heads of ministerial agencies or who have equivalent positions;
e) are studying in schools, vocational schools, professional secondary schools, colleges, universities due to government regulations;
g) to build the new economy in the first three years.
Every year, the citizens in an postpone call-up rules in this clause must be checked, if no longer the reason for deferment shall be called.
2. the following persons are exempt from the call-up in time of peace: a) the son of the martyr, the son of a class, the wounded soldiers of the army's class a;
b) A brother or the brother of the martyr;
c) A son of two wounded soldiers;
d) youth volunteer, officer, servant, officer specified in point d of paragraph 1 of this article have served from twenty-four months or more.
3. Citizens belonging to an be postponed call to enlist or be exempt from call-up to the provisions in clause 1 and clause 2 of this Thing if volunteers could be recruited, called.
4. The Government specifies the remote areas, border areas, Islands, particularly hard ".
7. Article 37 be amended and supplemented as follows: "article 37 commissioned officers and reserve soldiers are divided into class a reservists and reservists.
Class a reservists include commissioned officers and soldiers who had served in the five enough deadlines or on deadline; non-commissioned officers and soldiers demobilized ahead of time, but has served in five over six months; non-commissioned officers and soldiers spent fighting; female reservists second took over the training of six months enough focus.
Reservists including two non-commissioned officers and soldiers demobilized before the deadline but has served in five under six months; citizens have not served at five from twenty-six years old to be commissioned into the reserve; female citizens have registered military service as defined in article 4 of this law. "
8. Article 39 is amended and supplemented as follows: "article 39 based on age, non-commissioned officers and soldiers in reserve in each grade is divided into two groups: Group a: South to the end of thirty-five years; the remainder of women thirty years;
Group B: South from thirty-six years to the end of forty-five years; male from thirty years to the end of the forty years ".
9. Article 52 is amended and supplemented as follows: "article 52 army reserve professional; commissioned officers and reserve soldiers during a training exercise, focused and ready for combat, test yourself and your family to enjoy the mode specified by the Government policy ".
10. Paragraph 3 Article 53 be amended and supplemented as follows: "3. From the tenth month of September onwards be 200% of the rank allowance currently enjoyed monthly, from may fifteen second onwards to enjoy 250% more allowances currently enjoy monthly rank;" 2. Additional amendments on the wording in a number of articles of the law on military service as follows: 1. Remove the word "about" in the phrase "men" in articles 3, 13, 17, 19, 20 and 38; remove the word "about" in the phrase "women" in article 38;
2. Replace the word "women" in article 4 by the phrase "ladies citizens"; instead of the word "person" in article 20, 26, 28, 31, 58, 59, 60 and 62 by the term "citizen"; replace the word "the" in the phrase "who enlisted in article 61" by the term "citizen";
3. Remove the word "about" in the phrase "law of Vietnam people's army officer" in article 6 and article 7;
4. additional phrase "(hereafter referred to as the President of the people's Committee of social)" after the phrase "President of the people's Committee of the communes, wards and towns" in article 17; replaced the phrase "President of the people's Committee of the communes, wards and towns" in article 19 and article 61 by the phrase "President of the people's Committee of social";
5. Replace the phrase "social people's Committee, wards and towns" in articles 20, 36, 54 and 64 by the phrase "social people's Committee";

6. additional phrase "(hereafter referred to as the people's committees at district level)" after the phrase "the people's Committee of the district, County, town or city in the" in article 19; replace the phrase "the people's Committee of the district, County, town or city in the" in articles 29, 31 and 32 by the phrase "the people's committees at district level";
7. Replace the phrase "in point 2 and point 3 Article 29 of this law" in article 33 by the phrase "in point b of paragraph 1, points a, b and c of paragraph 2 Article 29 of this law".
Article 3. Government regulations detailing the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, the POKER session key 7 through June 14, 2005.