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Law No.: Military Service

Original Language Title: Luật Không số: Nghĩa vụ quân sự

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The LAW on military service _ _ _ _ _ _ _ _ To promote patriotic traditions and revolutionary heroism of the people of Vietnam;
To make collective sovereignty of the people, created conditions for Vietnam citizens fulfill military service;
To build the main people's army and the modern, strengthen national defense, guarantee the complete victory over the duty to protect and build the fatherland Socialist Vietnam;
Pursuant to article 52, article 77 and article 83 of the Constitution of the Socialist Republic of Vietnam;
This law regulates the regime of military service of citizens of the Socialist Republic of Vietnam.
Chapter I GENERAL PROVISIONS article 1 the protection of the Socialist fatherland is a sacred obligation and rights of citizens.
Citizens have the obligation to do military service and join the civil defense building.
Article 2 is military service creditable obligation of citizens to serve in the Vietnam people's army.
Do military service includes serving active and served in the army's reserve ranks.
Citizens served in the active military personnel called to active.
Citizens serving in the reserve ranks called the reservists.
Article 3 the male citizens, irrespective of ethnicity, social composition, religious beliefs, cultural level, occupation, place of residence, have the obligation to serve in the Vietnam people's army.
Article 4 women have the expertise needed for the army, in time of peace, must register for military service and training called; If you can volunteer to serve in the army.
In time of war according to the decision of the Council of Ministers, women are called and the appropriate.
Article 5 the following people not do military service: 1-who are in the period were the law or courts stripped the right to serve in the armed forces of the people;
2-people are detained.
Article 6 soldier in active and reserve military personnel including officers, professional soldier, non-commissioned officers and soldiers.
Mode of service of officers due to the law on officers of the Vietnam people's army regulations.
Article 7 active military personnel and reservists was rank military ranks corresponding to the position.
The rank hierarchy of Vietnam people's army led by the State Council regulations.
The style, sharp, flat and stripped of the rank of the rank of officers due to the law on officers of the Vietnam people's army regulations.
The style, sharp, flat and stripped of the rank of the rank of professional military personnel by the Council of Ministers Regulation.
The style, sharp, flat and stripped of the rank of the rank of non-commissioned officers and soldiers led by Minister of Defense regulations.
Article 8 soldier in active and reserve military personnel pledged loyalty to the motherland, the people and the State of the Socialist Republic of Vietnam.
Article 9 military personnel active, reservists in time focused training, have the right and obligation of citizens stipulated in the Constitution and laws of the Socialist Republic of Vietnam.
Article 10 The State agencies, the Vietnam Fatherland Front, Of the Union of Communist Youth League, Vietnam's Ho Chi Minh, Vietnam Women's Union, collective farmers Association Vietnam, other social organizations, schools and families, within the scope of their functions, have the task of encouragement , education, organization and facilitate the citizen fulfill military service.
Article 11 local unions, agencies, units, families or individuals had many achievements in the enforcement regime of compulsory military service prescribed in this law shall be the State reward. 
Chapter II the SERVICE of ACTIVE of COMMISSIONED OFFICERS and ENLISTED men citizens article 12 18 call-up; ages call-up from 18 to the end of 27 years.
Article 13 the citizen men to 17 years, have aspirations to serve the long term in the army, are eligible under the regulation of the Minister of Defense, then it can be accepted into military school and recognized the people's army is active.
Article 14 the time served at five of the officers and soldiers the regulations as follows: 1-the three years, for commissioned officers and soldiers;
2-four years, for commissioned officers, professional soldiers, technical training, military officers and soldiers on board the Navy;
3-two years for non-commissioned officers and soldiers have graduated from colleges or universities;
4-two years for non-commissioned officers and soldiers in some of the nation by the Council of Ministers Regulation.
Article 15 When necessary, Minister of national defence is authorized to hold non-commissioned officers and soldiers serving in five more a time not exceeding six months compared with the time limit stipulated in article 14 of this law.
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.
Time subject to discipline in units of the army and the desertion of time isn't counted in the duration of service. 
Chapter III the PREPARATION of YOUTH for SERVICE in the FIVE article 17 young men, prior to age and prior enlisted, must be as coach of the popular military programs, including the political education, military training, work out the sense of organization and discipline, and work out of fitness.
Universal military training for students in upper secondary schools, vocational schools, professional secondary schools, colleges and universities in the main program.
For youth not in school then be universal military training in the training class held in the communes, wards, towns, agencies, enterprises and other base units.
Chairman of people's Committee of the communes, wards, town, school principals, heads of agencies, enterprises and other base units are responsible for the Organization of common military training for youth in his base.
The content of common military training by the Secretary of the Department of Defense regulations.
Article 18 ministries, State committees, other bodies in the Council of Ministers, the Steering Committee of the people's national defense education, the provincial people's Committee, the city in central level have vocational schools, professional secondary schools, colleges and universities are responsible for staff training , staff expertise, techniques for the army, according to the Defense Ministry's plan was approved by the Council of Ministers.
Article 19 the area in preparation for youth serves active and known as the citizens of the district, County, town, city in the province.
Each January, the principal of the vocational schools, professional secondary schools, colleges, universities, heads of agencies, enterprises and other base units to report list men enough citizen 17 years in that year to the district military commander, district, town, city in the province where you played.
Article 20 April every year, on the orders of the military commander of the district, County, town, city in the province, the population of males aged 17 in that year to the military authorities to register the service.
The health check for people registered military service due to medical authority district, district, town or city in the charge.
Registered military service called who enlisted. 
Chapter IV the ENLISTMENT and DISCHARGE category 1 the CALLED article 21 every year, making the call to enlist citizens be conducted one to two times, in February-March and August-September.
The number of citizens to enlist in the year by the Council of Ministers decision.
The call to enlist citizens was conducted by order of the Minister of national defence.
The people's Committee responsible for directing made the call to enlist citizens in their local.

According to the decision of the people's Committee, the Commander of the military district, district, town or city in the call each citizen to enlist. The call to enlist to be put before the 15 days.
To meet local heavy natural disasters, then Minister of Defense is entitled to adjust the time call for local citizens.
Article 22 people are called to be present on time and location noted in the call to enlist; If not able to time it must have the certificate of the people's Committee.
Who do not obey call-up orders have been processed according to point 1, article 69 of this law remain in an are called up at age 35.
Article 23 Committee of the people's communes, wards and towns, heads, Enterprise and other base units have the responsibility: 1-take organization and create conditions for the call-up of his base are present in the right time and place regulations;
2-implement strictly the policy regime for military families. 
Section 2 the COUNCIL article 24 MILITARY SERVICE levels people's Committee established the Council of military service in his level to help the Committee to perform military service in the locality.
The Council of military service levels including the President is the President of the people's Committee, the Vice President is Commander of the military, the Commissioner is the main person in charge of the plan industry, labor, public security, health, culture, national committees, unions, the Communist Youth Union Ho Chi Minh , The women's Union, and collective farmers Association.
The Council of military service at all levels to work according to the principle of the collective; Resolutions of the Council must be half the total number of voting members.
Article 25 of Council service in the communes, wards and towns have the task of helping the people's Committee: 1-Organization the advocacy, educate people strictly enforced military service;
2-registered citizens urge military service;
3-proposed list of citizens are called, delayed, and exemption from military duty;
4 to urge citizens to make the call to enlist;
5-urge agencies and relevant organizations policy Executive local army rearguard.
Article 26 of the Council compulsory military service to the district, the County, towns and cities in the province have a duty to help people's Committee: 1-Organization the health check for people in an call-up;
2-make a list of the citizens are called, delayed, and long to do his military service;
3-urge agencies and relevant organizations policy Executive local army rearguard;
4-direction of operation of the military service Council communes, wards and towns.
Article 27 of the Council compulsory military service the central cities, and equivalent helps people Committee: 1-directing the operations of the Council compulsory military service to the district, the County, towns and cities in the province;
2-review and resolve complaints, accusations of citizens with regard to the decision of the people's Committee of the district, County, town, city in the province on the calls, postponed call citizens to enlist, and long to do his military service.
The complainant, the accused must be resolved at the latest not more than one month from the date of receipt; with regard to the needs of the investigation so it must solve the latest not more than two months.
While the complaints of citizens is being considered, the decision of the people's Committee of the district, County, city, town in the still to be executed.
Article 28 The health check for people in an call-up by the District Health Council, district, town or city in the for.
Health check results must be published.
Section 3 DELAYED, the EXEMPTION to DO MILITARY SERVICE Article 29 Be postponed call enlisted: 1-not enough health serves active according to the conclusions of the Health Council.
Every year, these people have to be rechecked, to or called, or commissioned into the reserve, or long to do his military service.
2-Who is the only workers to directly feed the others in the family no longer labor or have not reached the age of Labor without refuge.
3-the only remaining son of the martyr's family.
4-Person research science buildings are State level is the Secretary, the Chairman of the State Committee, the heads of other bodies in the Council of Ministers, or who have a position equivalent to certification.
5-students in upper secondary school, vocational school; who are long-term training in professional schools, colleges or universities.
Every year, people in the case said in point 2, 3, 4, 5 should be reviewed; If there's no reason for postponing the call-up; If most of the 27 years which still was postponed then commissioned into the reserve.
Article 30 disabled people, people with mental illness or other chronic illnesses by category of illness caused by the Minister of health and Minister of Defense, be free to do his military service.
Article 31 The postponement and called to do his military service under article 28 and article 30 of this law by the people's Committee of the district, County, city, town in the decision.
List of people called deferred and those who do military service exemption must be published. 
DISCHARGE section 4 Article 32 non-commissioned officers and soldiers who had served in the five enough prescribed time limit in article 14 of this law shall be demobilized.
By order of the Minister of national defence, who commanded the unit from the regiment level and above are responsible for implementation of discharge for commissioned officers and soldiers of the right.
To announce the time of demobilized officers and soldiers for the local base unit, and the army itself knew a month before expiration to serve in the army.
Article 33 non-commissioned officers and soldiers at five can be demobilized before the deadline in the following cases: 1-the Council of military medical examiners concluded that not enough health to continue serving active;
2-family circumstances as specified in point 2 and point 3, article 29 of this law.
Article 34 non-commissioned officers and soldiers have expired to serve active can volunteer to stay on a more restrictive time for at least a year.
Service mode is active on the timeliness of commissioned officers and soldiers led by Minister of Defense regulations.
Article 35 officers and soldiers demobilized when arriving at the place of residence, within a period of fifteen days, to Ban the communes, wards and towns and district military command Committee, district, town, city in the province to sign on to the reserve ranks.
Article 36 Committee of the people's communes, wards and towns, heads of agencies, enterprises and other base units have the responsibility: 1-Organization the demobilized military personnel back;
2-create conditions for demobilized military personnel quickly settling. 
Chapter V the SERVING of NON-COMMISSIONED OFFICERS and SOLDIERS in RESERVE Article 37 commissioned officers and reserve soldiers divided into reservists to class 1 and class 2 reservists.
Reservists, class 1 consists of 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 on the year; non-commissioned officers and soldiers have gone through combat.
Reservists, class 2 consists of commissioned officers and soldiers who had served in five under 1 year; citizen men not serve active for reasons stated in Article 29 of this law and was commissioned into the reserve; women have registered military service under article 4 of this law.
Military men in reserve type 2 class, if over 12 months, the focus of training is turning up reservists to class 1.
Article 38

The age limit for serving non-commissioned officers and soldiers in the reserve quota regulations are as follows: men, until the end of 50 years;
Women, to the end of 40 years.
Article 39 based on ages, reservists males in each grade was divided into 3 groups: A Group of people to run out of 35 years;
Group B includes those from the age of 36 to 45 years runs out;
Group C comprises people from 46 years to the end of 50 years.
Article 40 training for the reservists stipulated as follows: 1-the time in Group A, class reservists are trained as many as four times, each time from 2 months to 3 months; 2nd class reservists are trained as many as 5 times, each time from 2 months to 3 months;
2-in time in Group B, reservists, class 1 and class 2 training from 1 to 2 times, each time from 1 month to 2 months;
3-while in Group C, reservists and class 1 class 2 was a trainer time is 1 month.
Article 41 between training, the Defense Minister is entitled to call the reservists to focus test, combat ready status in less than 7 days.
Article 42 The calls reservists focus for training or checking the status ready to fight under the time limit stated in Article 40 and article 41 of this law by the Minister of Defense decided.
When necessary, the Minister of defence was right to keep reservists in training class again one more time not exceeding 2 months or increase the number of trained military personnel attended in Group A and Group B, but the total time of the training time does not exceed the time specified in Article 40 and article 41 of this law.
Article 43 The health check for reservists by district health authorities, counties, towns and cities in the charge.
Article 44 non-commissioned officers and soldiers in reserve expired or no longer enough health, serving in the reserve ranks shall be whether the award according to the decision of the Commander of the military district, district, town, city in the province. 
Chapter VI the SERVES of PROFESSIONAL MILITARY PERSONNEL Article 45 professional military personnel is qualified military personnel, technical expertise needed for the work, fight, fighting, building warrants, and volunteered to serve in the military.
Article 46 non-commissioned officers and soldiers serving in the active or expired are in the reserve ranks, has the technical expertise if they can voluntarily receive professional military personnel do.
Article 47 Professional staff can serve active each time limit or until age 50.
The Charter serves active military personnel's professionally prescribed by the Council of Ministers.
Article 48 the professional military personnel discharge then moved to serve in the reserve ranks, according to the regulations for non-commissioned officers and soldiers.
People can then be promoted to officer and was enrolled in the reserve ranks of officers. 
Chapter VII obligations, RIGHTS of the PROFESSIONAL SOLDIER, NON-COMMISSIONED OFFICERS, SOLDIERS in ACTIVE RESERVE and 49 professional soldier Thing, non-commissioned officers, soldiers in active and reserve duty: 1-absolute loyalty to the motherland, the people and the State of the Socialist Republic of Vietnam , outlined the Revolutionary Guard morale, readiness to sacrifice solid protection of Socialist Vietnam country and completed all assigned tasks;
2-respect collective sovereignty of the people, resolutely defend Socialist property, protect the lives and property of the people;
3-Executive exemplary way, the party's policy, the laws of the State of the military command;
4-Out of academic power politics, military, cultural, technical, professional, trained computer organization, discipline and fitness, constantly improve a field of battle.
Article 50 professional soldier, non-commissioned officers and soldiers in the reserve and was called to focus training or checking the status ready to fight if there are merits in combat, training, work, depending on the status that was awarded the Medal of honor, Medal, Honorary State or other forms of reward.
Article 51 in time active, professional military personnel entitled to salary, non-commissioned officers and soldiers enjoy the regime provided under the provisions of the Council of Ministers.
Article 52 professional soldier, non-commissioned officers and soldiers, during the focused coaching and test combat-ready status, enjoy the policies defined by the Council of Ministers.
Article 53 professional soldier, non-commissioned officers and soldiers at five: 1-Be sure the material and spiritual life;
2-count demographics in the family when the family was in the House or distribution was adjusted in the soil and arable land for secondary economic family;
3-count time served in active working time;
4-priority tickets when travelling by public transport;
5-enjoy preferential postage according to the regulations of the Council of Ministers.
Article 54 families of military personnel in Active Government and social institutions in local health care, help; enjoy preferential regimes by the Council of Ministers Regulation.
Article 55 officers and soldiers when the discharge is discharge allowance, car allowance, ship money and issued ammunition as defined by the Minister of national defence.
Article 56 1-commissioned officers and soldiers serving in the active or enough on timeliness, when five of the local government are addressed in priority admission, recruitment, or in the arrangement work.
2-commissioned officers and soldiers, before enlisted worked at the base, when the discharge was about working at that facility.
If the old foundations were dissolved, the superior agency directly responsible for the reception.
3-commissioned officers and soldiers, before enlisted graduates of vocational schools, professional secondary schools, colleges or universities, but not yet distributed the work, then the discharge distribution priority and be free of the mode.
4-commissioned officers and soldiers, before the paper had called to enlist learning in vocational schools, professional secondary school, college or University, then the discharge is entered in the field.
Article 57 professional soldier, non-commissioned officers, soldiers, active and reserve, if injured, sick or dying while doing the task of Defense or military missions, and the family enjoy preferential regimes under the provisions of the Council of Ministers. 
Chapter VIII the REGISTRATION SERVICE in The 58 registration of reservists and enlisted people was conducted at the residence where they are in two levels: 1-sign in the communes, wards and towns by military commanders communes, wards and towns in charge;
2-registration in the district, the County, towns and cities in the province by district military commander, district, town or city in the charge.
Article 59 reservists and people willing to enlist, when relocation to other localities, are to Ban the communes, wards and towns and district military command Committee, district, town, city in the province to clear name in the registry; as to the new place, within seven days, is to Ban military commanders communes, wards and towns within ten days, are to Ban the military commander of the district, County, town, city in the province to write the name on the registry.
Article 60 When reservists and enlisted person to have the changes to the address where the work or study place, about the position of the work, on the cultural level, then within ten days, are to Ban the communes, wards and towns for additional registration.
Article 61

Heads of agencies, enterprises and other institutions of the upper level in the district, the County, towns and cities in the province are statistically reservists and enlisted person of the basis and sent to the District Military Committee, district, town, city in the province, as defined by the Minister of national defence.
Article 62 people's Court, people's Procuratorate, the police and other authorities, within the scope of his functions, has the responsibility to coordinate with the military institutions of the same level in the implementation of the regulations on the management of people and enlisted reservists. 
Chapter IX the ENLIST ORDERED GENERAL MOBILIZATION or PARTIAL MOBILIZATION ORDER, DISCHARGE ORDERS SERVING 63 Thing When orders general mobilization or partial mobilization command, the called according to the order, and the next call is conducted according to the decision of the Council of Ministers and the order of the Minister of national defence.
Article 64 When orders general mobilization or partial mobilization order then: 1-discharge will family leave for military personnel serving at the expiry of the five;
2-reservists must be present in the right time and place stated in the order called.
Article 65 The long wartime call-up by the Council of Ministers Regulation.
Article 66 in times of war, military families enjoy preferential regimes by the Council of Ministers Regulation.
Article 67 when serving military command after the war, demobilized military personnel to be conducted according to the decision of the Council of Ministers and the order of the Minister of national defence.
Article 68 demobilized soldier said in Article 67 are entitled to the benefits as stipulated in Articles 55 and 56 of this Act. 
Chapter X the PROCESSING of the breach of article 69 1-who are at the age to do his military service without the proper observance of the regulations on military service registration, does not obey the order, the training focus calls the custom level of mild or severe that dealt with administrative measures no improvements were fine, imprisoned from three months to two years, or imprisonment from three months to two years.
Crimes in time of war or other heavy penalty or imprisonment from six months to five years.
2-the person who would take advantage of the Office, authority, broke the rules on registration, military service, call the training focus, then customize the level of mild or severe that dealt with under the administrative discipline, or suffer imprisonment from six months to five years.
3-Who would have hampered the registration service, the execution of the command, the command calls the focused training, then customize the level of mild or severe but dealt with by administrative measures, or suffer imprisonment from three months to three years.
Convicted say in point 2 and point 3 in time of war or other aggravating, the penalty to imprisonment up to ten years.
Article 70 military desertion shall be handled according to the command of the military discipline, or imprisonment from six months to three years.
Crimes in time of war or other heavy fines to imprisonment up to fifteen years.
Article 71 the person would cover the offender said in point 1, article 69, and 70 of this Law Thing in the mild or severe depending on the extent to which dealt with under the administrative discipline, or suffer imprisonment from three months to three years. 
Chapter XI FINAL PROVISIONS Article 72 of this Law the law on alternative military service on April 15, 1960, and the law on amendments and supplements of the law on compulsory military service on October 26, 1962 and November 10, 1965.
Article 73 of the Council of Ministers detailing the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, second session, passed on December 30, 1981.