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Decree 83/2001/nd-Cp: On Military Service Registration.

Original Language Title: Nghị định 83/2001/NĐ-CP: Về đăng ký nghĩa vụ quân sự.

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GOVERNMENT DECREE on registration of GOVERNMENT military service pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on military service of 30 December 1981; Law on amendments and supplements to some articles of the law on military service of 21 December 1990; Law on amendments and supplements to some articles of the law on military service of 22 June 1994;
Based on the Ordinance in reserve on 27 August năm1996 mobilization;
According to the recommendation of the Minister of national defence, the DECREE: chapter I GENERAL PROVISIONS article 1. This Decree regulates the object, the procedure, the registration of military service; mode, the policy for the registration of military service and the responsibilities of the Agency, held in military service registration.
Article 2. Military service registration is the background Declaration and other necessary elements prescribed by the law of the person in the age of military service registration, local military authorities to manage and organize the implementation of the provisions of the law on compulsory military service for the objects in the age of military service.
Article 3. Military service registration to the right audience, the policy mode, the sequence of procedures to the local military authorities hold the quantity, the quality, the volatility of the situation ready to enlist and reservists to serve the citizen call to enlist reserve forces building and encouragement.
Article 4. The population of males in this age to do military service; women have the expertise needed for the military to military service registration.
The reserve officer register of military service under the provisions of the law officers of the Vietnam people's army in 1999.
Article 5. Military service registration was conducted at the residence of the citizens by military commanders communes, wards and towns (hereinafter referred to as the social level) and the military commander of the district, County, city, town in the province (hereinafter referred to as district level) responsible for implementation.
Citizen's residence regulated in this decree made under the provisions of paragraph 1 to article 48 of the Civil Code of 1995.
Article 6. The agencies, organizations and individuals have the authority within the scope of the functions, duties, and powers have a responsibility to motivate, educate, urging citizens to the full observance of the provisions of the law on military service registration.
 
Chapter II-object military service registration article 7. The following people, except those specified in article 8, article 9 of this Decree, must register for military service: 1. The population of males from age 17 to age 45 runs out enough.
2. women from 18 to the end of 40 years of expertise needed for military service. Directory of professional lines by ensuring women should serve for the army by the Prime Minister to decide.
Article 8. The following people have not been registered for military service: 1. People are being deprived of the right to serve in the Court of the people's armed forces.
2. People are suffering prejudice criminal liability; people suffer imprisonment or fined renovating not imprisoned.
When the time limit provided for in paragraph 1, paragraph 2 this must then sign a military obligation.
Article 9. The following people are exempt from military service registration: 1. defense officials, Defense workers are serving in the Agency, the people's army of Vietnam units.
2. People are serving in the Agency, the people's public security unit.
3. Disabled people, people with mental illness or other chronic illnesses by category of illness caused by the Minister of health and Minister of Defense regulations.
Article 10. Those who have registered military service are arranged as follows: 1. Who enlisted.
2. Reservists to class 1 and class 2 reservists.
Article 11. Registered military service was an enlisted include: 1. The population of males from age 17 to end 27 years old enough not to serve in the armed forces of the people.
2. women have the expertise needed for the military.
Article 12. Registered military service was an reservists, class 1 includes: 1. Lower the demobilized soldiers and officers have served active enough deadlines or on timeliness.
2. Non-commissioned officers and soldiers demobilized before the deadline but has served in five from a year or more.
3. Non-commissioned officers and soldiers demobilized have undergone combat.
4. professional military personnel demobilized.
5. Public servants, employees of Defense Defense (as non-commissioned officers, soldiers took over the service in Active transferred officialdom defense, Defense workers) are resolved retrenchment mode.
6.2nd class reservists trained enough regular program with the total training period under the provisions of the law on military service.
Article 13. Registered military service was an reservists, class 2 includes: 1. Non-commissioned officers and soldiers demobilized before the deadline time has served in five under for a year.
2. male citizens was through serving in the units of public security organs, people; the defense officials, Defense workers as men took over the service in the people's army.
3. The population of most men age 27 that have not served in the army.
4. women from 18 to the end of 40 years, have the expertise needed for the military as stipulated in paragraph 2 of article 7 of this Decree.
Article 14. Based on the age, reservists in each grade was divided into 2 groups: 1. Group A includes the reservists: men coming out 35 years; women to the end of 30 years.

2. Group B includes the reservists: males from age 45 to end 36 years of enough; women from age 31 to the end of a 40-year old enough.
 
Chapter III order REGISTRATION PROCEDURE section 1 COMPULSORY MILITARY SERVICE. register the service in the first 15. Within the first ten days of January of every year, the President of the people's Committee should report to the township level command-level military Committee list of male citizens enough 17 years in that year, aged citizens do compulsory military service has not been registered for military service and citizens are exempt from military service registration provided for in article 9 of this Decree.
Article 16. Within the first ten days of January of every year, the principal of the school: vocational, secondary, College, University; the head of the Agency, held other establishments must report to the Board-level military command where authority based list of citizens in an military service registration that has not been registered for the first time.
Article 17. April of every year, according to the call of the Commander of the military Committee at district level, citizens men enough 17 years during the year and those over the age of military service do not yet subscribe to Ban military commanders present a residence district-level identity, criminal history to sign Declaration on the registry of citizens willing to enlist.
Article 18. District-level military Committee is responsible for: 1. the certificate of registration for military service who are willing to enlist.
2. Establishment of military service records for people willing to enlist qualified call-up.
3. Handing over military service records for the receiving force unit when the citizens are called to serve in the army.
 
Section 2. Subscribe to the overall volume and moving Thing reservists 19 class.
1. professional soldier, non-commissioned officers, soldiers, servants, workers in defense of the people's army; employees, professional non-commissioned officers, soldiers in the people's police in an discharge, retrenchment must be registered in the reserve ranks.
2. Within a period of fifteen days from the date of discharge, retrenchment who are demobilized, only work to bring records, discharge papers, retrenchment to Board-level military commanders in residence to register in the reserve ranks.
3. Ban command-level military procedures for registration and certificate of registration of reservists to those prescribed in paragraph 1 of this article.
Article 20.
1. By order of Commander of the military Committee at district level, those specified in paragraph 3, paragraph 4 of article 13 of this Decree is to Ban military districts where residents to enroll in the reserve ranks.
2. When to register male citizens to present a certificate of military service registration, if trained in the schools: vocational, secondary, College and University to present the diploma; women produce professional diploma.
3. Ban command-level military procedures for registration and certificate of registration of reservists to those prescribed in paragraph 1 of this article.
Article 21. Transfer of reservists from class to class 2 class 1 made in accordance with the military service Law and instructions of the Minister of national defence.
Category 3. Registration Supplement 22. Within ten days, since they change the name, the address where in within the town of residence, address, place of work, study, Office, cultural level, the who enlisted or reservists are to Ban social level where military residence to register additional.
Article 23. Six months in the period from July 1 to July 10, and from October 1 to October 1 of every year; Ban military commanders report to the Board of township-level military command district level the change of registration under the provisions of article 22 of the Decree.
Item 4. Sign move and register absence article 24.
1. Who enlisted or reservists, before moving residence from this Township to other Township within the district, is to Ban military social where residence papers about the changing place of residence to delete the name in the registry of military service.
2. within ten days from the date to the new place of residence, who enlisted or reservists are to Ban military social papers about the changing place of residence and registration certificates of military service and to subscribe to the service in the registry.
3. Ban command social where people enlisted reservists or moved away, moved to report the Board-level military commanders about the change in clause 1 and clause 2 of this in the time prescribed in article 23 of this Decree.
Article 25.
1. Who enlisted or reservists, before moving residence from the district to other districts, is to Ban military command level and township-level military Committee where residence papers about the changing place of residence, please move the referral registered military service. When moving to a new place of residence, within a period of ten days is to Ban military districts and military commanders issued new residence Township to register moved to.

2. Who enlisted or reservists, when called on to study at the school: vocational, secondary, College, University, is to Ban military districts to transfer the registration certificates of military service to schools to the school management and reporting-level military Committee where the school is based.
Within three months after graduation, who enlisted or reservists must transfer the registration certificates of military service on the new residence.
Article 26. Reservists have been mobilized reserve units when absent from the residence from ten days or more must be reported to the Board level. Every month the Board-level military commander must report Township Board level of military reservists are absent in the residence.
Article 27. The enlisted reservists or be organs, the Organization sent the work overseas, the absence of registration and registration is done as follows: 1. If the time limit was dispatched from a year back up then slowly for ten days from the date that person outward the Agency, organization, where that person works to send representatives to district-level military Committee to sign long-term absence and submitted the registration certificates of military service who enlisted or reservists. Within ten days from the date that the person about to where the work of the Agency, the organization where the person elected representatives work to Ban military districts to register again.
2. If the time limit was sent from three months to a year they enlisted reservists or send back the certificate of registered military service at the Agency, where the Organization of the work. The Agency held that where the work is responsible to report to the Board-level military commander within ten days from the date that person outward or return to the country.
Article 28. The enlisted or reservists be allowed abroad on the individual registration of absence and registration is done as follows: 1. If the time limit from a year abroad and over, who enlisted or reservists are to Ban military districts where residence papers to be allowed to go abroad long-term absence, sign and send back the certificate of registered military service. Within ten days from the day on the water, who enlisted or reservists are to Board-level military command to re-register.
2. If the term abroad from three months to a year, the who enlisted or reservists must resend the registration service in the military command at the level where the Township of residence or work place organization,. Ban social or military organs, the organization where the person responsible for the work of the registered temporary absence report or registration with the Board-level military commander within ten days from the date that person abroad or from abroad back to the country.
Section 5. Register for free to be called in time of war Article 29. Registered military service if in an exemption from call-up in time of war pursuant to the law on military service, shall be taken off the list of registered military service to private management. Within ten days from the date the registered military service receive the decision appointed service in an exemption from call-up in time of war, the Agency held that the representation work bring decided to appointed positions, the certificate of registration of the person's military service to Ban military districts to do the procedure taken out list of registered military service.
Article 30. People were taken out from the list of registered military service stipulated in article 29 of this Decree, if no longer serving in an exemption from call-up in time of war but also in an military service registration must re-register. Within ten days from the date that person only serving in an exemption from call-up in time of war, the bodies, the organization where the person elected representatives work to Ban military districts to do the procedure of registration for that person.
Article 31. The management of certain exempt call-up in time of war by the Minister of national defence regulations.
Item 6. The object was out of an military service registration Article 32. People who are out of a total registered military service include: 1. The registered military service that die or suffer disabilities, mental disease, or other chronic diseases an defined in paragraph 3 article 9 of this Decree.
2. The people most years served in the overall volume of reservists.
Article 33. Annually, the Board-level military commanders decided to put out an military service registration for certain provisions of article 32 of this Decree.
 
Chapter IV mode, POLICY and BUDGET GUARANTEE for MILITARY SERVICE REGISTRATION Article 34. Enlisted men and reservists during military service registration or checking the health of the following modes:

1. If the officers, servants, workers are paid from the State budget are the basis of work charged raw salary and other allowances (if any), money train car and road allowances under the current regime.
2. The other subjects are district-level military Committee level money train ride goes on, the money diet, in these days of waiting to register or check health according to the current mode.
Article 35. Funds spent on military service registration due to local budget guarantees, including the following: 1. In the books, forms of military service registration.
2. Organize register of military service at the district level and social.
3. Other work related to the registration service.
 
Chapter V the DUTIES and powers of the Agency, HELD in the REGISTRATION SERVICE in the Article 36. Defense Minister directing the registration of military service within the country; regulatory reporting mode, the mode check the register to military service military authority levels and units; regulations for the living who enlisted and reservists; sample system regulations, registration books, management people ready to enlist and reservists.
Article 37. The people's Committee responsible for directing military organs at the same level performing military service registration, management people ready to enlist and local reservists under the provisions of this Decree and the regulations of the Minister of national defence.
Article 38.
1. Regional military commander, Chief of the military command of the province, central cities are responsible for directing the military agency in the implementation of the registration service.
2. the Chief of the District Military Committee, Chief of the military command Board of social responsibility directly organize the registration of military service.
Article 39. The police granted within the scope of the task, their powers are responsible for: 1. The custody of certificates of military service registration when people enlisted or reserve military personnel are detained, the detention.
2. Inform the Board level where military commanders who enlisted or reservists are residing on their detention, custody or be returned to freedom within fifteen days from the day of their detention, custody or be returned to freedom.
3. Inform the Board-level military commander about the enlisted or reservists was granting household moving, household registration or temporary registration certificate is granted stay duration, to track and manage the registration of military service.
4. check the registration of absence of people enlisted or reservists when they allowed a foreign passport issued by the Ministry of public security. 5. In collaboration with the local military authorities and other related agencies to examine, treat those who violate the regulations on military service registration.
Article 40. Foreign agencies have the responsibility to check the registration of absence of people enlisted or reservists when sent abroad issued the passport of the Foreign Ministry.
Article 41. Medical authority district level is responsible for chairing the health check for reservists and health check for people willing to enlist under the plan of the local military organs at the same level.
Article 42. The competent judicial authority under the provisions of the law, is responsible for notifying the Board-level military commanders about the enlisted reservists or change the name, die within ten days from the date of the change of name or they die.
43 things. The Board-level military commander, when getting excerpts of the Court regarding the person in an enlisted reservists or courts declared deprived the right to serve in the armed forces of the people, sentenced to prison, detention shall not put into an not registered military service as defined in article 8 of this Decree.
 
Chapter VI REWARDS and TREATS breach of article 44. Organization, individual achievement in military service registration shall be rewarded according to the provisions of the current law.
Article 45. Organizations and individuals that breach the rules on military service registration, then depending on the nature and extent of the violation which dealt with according to the provisions of the law.
Article 46. The complaint, report and resolve the complaint, denouncing the violation of the provisions on military service registration is made in accordance with the law on complaints and denunciation.
 
Chapter VII ENFORCEMENT PROVISIONS Article 47. The Decree has effect after fifteen days from the date of signing and replacing Decree No. 48/dated 16 May 1983 of the Council of Ministers (the Government) issued the Charter of military service registration. Other provisions contrary to this Decree are repealed.
Article 48. The Minister of Defense is responsible for guiding the implementation of this Decree.
Article 49. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.