Military Service Law Consulting

Navigate the complexities of military service law with NT International Law Firm‘s experienced lawyers. Our team possesses in-depth knowledge of military laws, regulations, and court rulings, providing comprehensive and personalized legal counsel to help you protect your rights, safeguard your interests, and navigate the intricacies of military law with confidence. Contact us today for a personalized consultation.

Why you need Military Service Law Consulting

Most Vietnamese youth aged between 18 and 27 are affected by the military service law, which is a crucial period of personal development during the military service process. As career development can significantly impact one’s future, there are numerous legal issues and questions that require the expertise of lawyers.

Similar to other areas of law, Military Service Law necessitates the guidance of a lawyer. This enables litigants to comprehend the law’s provisions and apply them to safeguard their rights and those of their families.

The 2015 Military Service Law addresses matters such as military service, postponement or exemption from military service, policies for joining the military, and conditions for demobilization. In reality, there are several issues surrounding military service, which is why the Military Service Law always requires the support of lawyers. The following article on NT International Law Firm’s military service law consultation service will provide answers to your military service-related queries.

Military Service Law Overview

The new 2015 Military Service Code passed by the National Assembly on June 19, 2015 is the most important legal document regulating military service; tasks and powers of organizations, individuals, and regimes and policies in performing military service.

This important legal document is considered to be issued promptly, synchronously, and at the right time when the international situation has many political fluctuations and Vietnam needs to promote the spirit of autonomy and build national defense. regular, elite and gradually modern based on the foundation of all-people national defense.

The management of military service activities in Vietnam is carried out based on the 2015 Law on Military Service issued by the National Assembly. According to Article 4 of the 2015 Military Service Law, “Military service is the glorious duty of citizens serving in the People’s Army. Performing military service includes serving in active duty and serving in the reserve ranks of the People’s Army.”

The law also clearly stipulates in Clause 2, Article 4 as follows:

“Citizens of military service age, regardless of ethnicity, social class, belief, religion, education level, occupation, or place of residence, must perform military service according to regulations. provisions of this Law.”

In addition, “Citizens serving in the Coast Guard and citizens performing their duty in the People’s Public Security are considered to be performing active military service“, according to Clause 3, Article 4 of the 2015 Military Service Law. .

Subjects are allowed to register and are eligible to perform military service

• Regarding the age of conscription according to the military service law, Article 30 of the 2015 Military Service Law stipulates as follows:

“Article 30: Conscription Age

Citizens reaching the age of 18 are summoned to serve in the military. The eligible age range for enlistment spans from 18 to 25 years old. Furthermore, citizens who possess higher education qualifications and have been granted a temporary deferral from conscription will be required to serve until the age of 27.”

• Article 31 of the Law on Military Service 2015 lays out the specific requirements for individuals to be summoned for military duty.:

“Article 31. Criteria for citizens to be called into the army and fulfill their obligations to join the People’s Police

1. Citizens are called into the army when they meet the following criteria:

a) Clean background;

b) Strictly comply with the Party’s guidelines and policies, the State’s policies and laws;

c) Meeting the requirements for active duty as per regulations;

d) Have appropriate education level.

1. Criteria for citizens to be called to perform their duty to join the People’s Public Security according to the provisions of Article 7 of the Law on the People’s Public Security.”

• Health examination schedule: Frequency and timing of citizens’ enlistment throughout the year.
• Duties and obligations of state agencies (commune/district/provincial military service council…) in summoning citizens for enlistment; and addressing other legal matters as requested by customers.
• The 2015 Military Service Law stipulates the eligibility criteria for citizens registering for military service, according to Article 12:

• Male citizens who are 17 years or older.
• Female citizens who are 18 years or older and possess a profession or skillset suitable for performing military service in the People’s Army.

It is important to note the cases in which military service registration is not allowed, as stipulated in Article 13 of the 2015 Military Service Law:

“1. Individuals who fall into any of the following categories are prohibited from enlisting in the military:

a) Individuals who are facing criminal charges, undergoing imprisonment, participating in non-custodial rehabilitation programs, on probation, or have finished serving a prison sentence without having their criminal record expunged;

b) Undergoing educational interventions at the commune level or being mandated to attend reformatories, compulsory education facilities, and mandatory detoxification centers;

c) Deprived of the right to serve in the people’s armed forces.

2. Once the designated period for implementing the measures outlined in Clause 1 of this Article elapses, individuals have the opportunity to enroll for military duty.”

Perform military service and benefits while participating in military service

Perform military service

Article 21 of the 2015 Military Service Law stipulates the term of active service for non-commissioned officers and soldiers:

“1. The term of active duty service in peacetime for non-commissioned officers and soldiers is 24 months..

2. The Minister of National Defense has the authority to prolong the duration of active duty service for non-commissioned officers and soldiers, with a maximum extension of 6 months, in the situations outlined below:

a) To ensure combat readiness;

b) To execute of duties pertaining to the prevention and combat of natural calamities, outbreaks, as well as rescue and recovery operations..

2. During a state of war or national defense emergency, the duration of service for non-commissioned officers and soldiers is determined by the general or local mobilization order.”

Regimes and policies enjoyed during military service

During active duty:

• From the 13th month onwards, active duty non-commissioned officers and soldiers will be eligible for their annual leave, which lasts for 10 days excluding the departure and return days.
• Non-commissioned officers and soldiers on active duty are entitled to annual leave as per the regulations. In case of natural disasters, serious fires, the death or disappearance of a relative, or exceptional achievements while performing their duties, they may also enjoy additional special leave days, not exceeding 05 days excluding the departure and return days.
• Train fares, car fares, and travel allowances will be covered according to the current regulations.
• There will be no fees for postage and money transfers. Money transfers, shipping goods, and parcels will be free of charge. Additionally, you will receive 04 postage stamps per month.
• When registering for the entrance exam, you will receive priority points.
• If you come from a poor household or are a student borrowing money from the Bank for Social Policies before joining the army, the payment will be temporarily postponed and no interest will be charged during your military service.

The designated levels of military rank allowances are outlined as below:

• The monthly allowances are determined by multiplying the base salary. At present, the base salary stands at 1,490,000 VND per month.
• Furthermore, non-commissioned officers and soldiers will also be entitled to post-demobilization benefits, employment benefits, farewell arrangements by the unit, transportation to their place of residence, and provisions for train, car, and travel expenses.

Regulations on completing military service and demobilization

Completing military service

Clause 4, Article 4 of the 2015 Military Service Law regulates cases where citizens are recognized as having completed military service in peacetime:

“4. Citizens falling into one of the following cases are recognized for completing active military service in peacetime:

a) Standing militiamen who have served at least 24 months will be recognized as having completed active military service in peacetime, decided by the Commander of the District Military Command at the request of the Chairman of the Commune-level People’s Committee or village heads where there are no commune-level administrative units, heads of agencies and organizations;

b) Complete the task of continuously participating in the Commune Police for 36 months or more;

c) Cadres, civil servants, public employees, university graduates or higher, have been trained and awarded the rank of reserve officers;

d) Young people who have graduated from universities, colleges, and intermediate schools volunteer to serve at the economic and defense delegation for 24 months or more according to the Project decided by the Prime Minister;

đ) Citizens serving on fishery surveillance ships for 24 months or more.”

Conditions of discharge from military service

Demobilization refers to the process by which a soldier is granted permission to transition from military service back to civilian life upon completion of their active military duty. Alternatively, demobilization may occur when a soldier’s active military service term is cut short due to health concerns or other valid reasons, preventing them from further serving in the military.

As per the regulations stated in Article 43 of the Military Service Law of 2015, the criteria for demobilization are as follows:

• Non-commissioned officers and soldiers who have completed the mandatory period of active duty service (24 months, with no extension beyond 6 months for special cases).
• Soldiers may be discharged from military service prematurely if the Division-level Health Assessment Council or equivalent, or the competent Medical Assessment Council, determines that they do not meet the health standards required to serve in the military.
• Soldiers who are serving in the military and whose families are facing difficult circumstances may be eligible to postpone their military service.

Cases of postponement and exemption from military service

The instances in which military service can be temporarily postponed are outlined in Clause 1, Article 41 of the 2015 Military Service Law. These instances include:

“a) Individuals who are deemed unfit for active duty based on the assessment of the Health Examination Council;

b) Individuals who are the sole caretakers of family members who are unable to work or have not yet reached the working age. This applies to families that have experienced significant loss of life and property due to accidents, natural disasters, or certified dangerous epidemics by the commune-level People’s Committee;

c) Children who are the sole child of sick soldiers or individuals affected by Agent Orange, whose working capacity has been reduced by 61% to 80%.

d) Individuals who have a sibling serving as a non-commissioned officer or soldier on active duty, or non-commissioned officers and soldiers fulfilling their duty to join the People’s Police;

đ) Individuals who are subject to immigration or population relaxation in the first three years to communes facing special difficulties, as determined by the socio-economic development project of the State and decided by the People’s Committee of the province or higher;

e) Cadres, civil servants, public employees, and youth volunteers who are mobilized to work in areas with extremely challenging socio-economic conditions, in accordance with the provisions of the law;

g) Individuals who are currently enrolled in a general education institution, undergoing full-time university-level training at a higher education institution, or pursuing full-time college-level education at a vocational education institution during a training course;

h) Standing militia members.”

Clause 2, Article 41 of the 2015 Military Service Law outlines the criteria for exemption from military service as stated below:

“a) Offspring of martyrs and first-class war invalids;

b) Siblings of martyrs;

c) Offspring of second-class invalids, offspring of sick soldiers with a working capacity reduction of 81% or more, offspring of individuals affected by Agent Orange with a working capacity reduction of 81% or more;

d) Individuals engaged in cipher work who are not affiliated with the military or People’s Police;

đ) Officials, civil servants, public employees, and youth volunteers who are assigned to work in areas with extremely challenging socio-economic conditions for a period of 24 months or longer, as per the provisions of the law.”

Penalties for violations of mandatory military service

The handling of violations is governed by the regulations stated in Article 59 of the Military Service Law of 2015:

“Article 59. Handling violations

1. Depending on the nature and severity of the offense, organizations and individuals who engage in acts of evading, opposing, or obstructing military service will face disciplinary action, administrative fines, or prosecution for criminal liability.
2. Non-commissioned officers, active soldiers, non-commissioned officers, and reserve soldiers who violate discipline or law during training, drills, and checks on mobilization readiness and combat readiness will be subject to fines. The severity and nature of the violation will determine whether they face disciplinary measures, administrative sanctions, or criminal prosecution. In cases where damage is caused, compensation must be provided in accordance with the law.” 

Military service violations can take various forms, including failure to register for military service, non-compliance with medical and health examinations, misconduct during active military service, and criminal charges for violating military regulations. The definition of military service encompasses all of these violations.

Military Service Law Consulting

Military Service Law Consulting Services at NT International Law Firm

At NT International Law Firm, we pride ourselves on utilizing the most up-to-date and official legal documents available. Our military service law consulting service is designed to cater to the needs of our clients in a manner that is both lawful and cost-effective. Our team of military service law consulting lawyers is available in various forms of communication, including telephone, email, online, and social media consultations.

We offer a range of services, including consultation on:

• Military enlistment and demobilization obligations;
• Postponement and exemption from military service;
• Preferential policies when joining the army;
• Discharge conditions;
• Handling of citizens who evade military service.

The procedure of Military Service Law Consulting Services at NT International Law Firm

To begin the process of receiving documents and performing work for clients:

• Step 1: Gather all necessary information, records, and documents from the client.
• Step 2: The lawyer will review the request and determine if they are able to assist. If so, the lawyer will notify the customer of the service fee.
• Step 3: A legal service contract will be signed between the client and NT International Law Firm. Both parties will agree on the fees to be paid for the services provided.
• Step 4: A professional lawyer will then take charge of researching and handling consulting work for clients, as well as performing work in court.
• Step 5: Throughout the court proceedings, the client will be notified of the progress and advised on the next steps until the case is resolved.

Service fees

NT International Law Firm is committed to providing exceptional legal services at competitive rates. For more complex cases or those requiring in-depth guidance, we tailor our fees to the specific demands and intricacies of your situation.

Why you should choose NT International Law Firm

Our team of military service law attorneys possesses in-depth knowledge of military laws, regulations, and court rulings. We stay abreast of the latest developments in military legislation, ensuring that our clients receive up-to-date and accurate advice. Our extensive experience in handling a wide range of military service law matters, from routine administrative issues to complex discharge proceedings, allows us to provide tailored solutions that address your specific needs and circumstances.

We understand that military service law matters can be emotionally charged and stressful. We approach each case with empathy, understanding, and respect for the unique challenges and concerns of our clients. Our attorneys take the time to listen attentively to your concerns, explain complex legal concepts in clear and concise terms, and provide guidance that is tailored to your specific situation.

When facing military service law challenges or seeking expert guidance, NT International Law Firm is your trusted partner. Our team of experienced attorneys is committed to providing you with the highest quality legal representation and ensuring that your rights are protected every step of the way. Contact us today for a personalized consultation and let us help you navigate the complexities of military law with confidence.

If you require any assistance with military service-related matters, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.