Circular No. 07/2012/TT-BQP on the selection and call-up of individual citizens for military service

CIRCULAR

Regulations on the selection and call-up of individual citizens for military service

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||| Based on the Law on Legislative Acts of 2008;

Pursuant to the Military Service Law of 1981, the Law Amending and Supplementing Certain Provisions of the Military Service Law of 1990, 1994, and 2005;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Chief of General Staff;

The Minister of National Defense hereby promulgates regulations on the selection and call-up of individual citizens for military service as follows:

Article 1. Scope of Regulation

These Circulars stipulate the cases, criteria, files, authorities, and responsibilities of organizations and individuals in the selection and call-up of individual citizens for military service (hereinafter referred to as individual recruitment) annually.

Article 2. Applicability

Male citizens from 18 years old to 25 years old, implementing the conscription system according to the Law Amending and Supplementing Certain Provisions of the Military Service Law on June 14, 2005; female citizens from 18 years old to 25 years old voluntarily serving in the Army.

People's Committees at all levels, agencies, units, and individuals involved in the selection and call-up of individual citizens for military service.

Article 3. Cases eligible for individual recruitment

Individual recruitment refers to the selection and call-up of citizens for military service outside the annual recruitment quota decided by the Prime Minister, including:

1. Individual recruitment based on the staffing needs, mission requirements of agencies and units, and special missions:

a) Training Military Pilots.

b) Training officers and technical staff both domestically and abroad.

c) Athletes in various sports teams of the Army.

d) Actors, musicians... in professional theaters, artistic groups, and military bands.

đ) Performing other tasks as required by the Army.

2. According to the military recruitment plan of the Ministry of National Defense.

Article 4. Criteria

Citizens eligible for individual recruitment must meet the age, political quality, and health standards as prescribed in Circular No. 167/2010/TT-BQP of the Ministry of National Defense regarding the selection and call-up of citizens for annual military service and specific criteria for each category to meet mission requirements.

Article 5. Documents

1. Citizens eligible for individual recruitment must have complete files as prescribed, including:

a) Military service record and military service health form (with a 3x4 cm photo and stamp affixed).

b) Order to report for military service.

c) Female citizens must submit a voluntary enlistment application confirmed by the People's Committee of the commune, ward, or town where they reside.

2. Citizens entering military schools, in addition to the documents prescribed in Clause 1 of this Article, must have a call-up notice for enrollment issued by the competent authority.

3. Citizens who are coaches, athletes, actors, musicians... selected individually, in addition to the documents prescribed in Clauses 1 and 2 of this Article, must have a graduation certificate or vocational qualification certificate (a copy in accordance with the law) and a conclusion of the specialized selection board.

4. Other documents related to the selection requirements for each category of individual recruitment.

Article 6. Procedures, authorities, and responsibilities of agencies, units, and localities in organizing implementation

1. Individual recruitment based on mission requirements:

a) Main units under the Ministry of National Defense with individual recruitment needs: Develop plans, inspect, identify candidates for individual recruitment meeting the criteria stipulated in Article 4 of this Circular; prepare reports to the General Staff (through the Personnel Department); direct units receiving individual recruits to coordinate with localities having recruited citizens to implement the individual recruitment decision of the Chief of General Staff;

b) The Personnel Department compiles, reviews proposals from units on individual recruitment as prescribed, and reports to the head of the General Staff for decision.

c) The Chief of General Staff decides the number and list of citizens to be individually recruited into units.

d) Local military agencies with citizens to be individually recruited:

- Military Regions, Commandants, Provincial Military Commands, and Municipal Military Commands directly under the Central Government implement the individual recruitment decision of the Chief of General Staff.

- County, District, City, and Provincial Town Military Command Boards (hereinafter collectively referred to as County Military Command Boards) establish enlistment files for citizens to be individually recruited in accordance with Article 5 of this Circular; issue orders to report for military service, hand over personnel and files to receiving units.

2. Individual recruitment based on military recruitment:

a) The call-up of citizens successfully passing military recruitment exams to study at academies and schools shall be carried out in accordance with the military recruitment regulations of the Ministry of National Defense.

b) The Head of the Military Recruitment Board of the Ministry of National Defense decides the number and list of citizens successfully passing military recruitment exams to study at academies and schools.

c) The School Administration Department leads and coordinates with the Personnel Department and the Cadre Department to assist the General Staff in directing academies and schools to implement the decisions of the Head of the Military Recruitment Board of the Ministry of National Defense.

d) County Military Command Boards: Based on the admission notice from the school; establish enlistment files for citizens enrolling in accordance with Article 5 of this Circular; hand over enlistment files to citizens admitted to take with them to the school.

đ) Schools accepting military recruitment students: Receive and manage student files as prescribed in Article 5 of this Circular, managing students as citizens enlisted into units.

Article 7. Responsibilities and benefits of citizens who are individually conscripted

1. Strictly comply with the call-up orders for military service issued by the Military Commander at the district level.

2. Citizens and families of individually conscripted citizens shall enjoy policies, benefits equivalent to those of citizens and families of conscripted citizens joining the Army.

Article 8. Implementation organization

1. Departments under the Ministry of National Defense, military regions, and functional units shall be responsible for overseeing, directing the Military Service Councils of localities and units with individually conscripted citizens to implement.

2. The Commandant, the Provincial Military Command, and the Municipal Military Command directly under the Central Government shall oversee, direct, and guide the District Military Command to closely coordinate with receiving units during the implementation process.

3. Localities with individually conscripted citizens shall be entitled to an increased quota for call-ups for each period and year.

Article 9. Effective Date

This Circular takes effect from March 20, 2012, and replaces Circular 1187/TT-QP dated July 4, 1982, issued by the Minister of National Defense guiding the call-up of individually conscripted citizens.

Article 10. Responsibility for Implementation

The Chief of General Staff, heads of departments, units, and related organizations and individuals are responsible for implementing this Circular.