Circular No. 140/2015/TT-BQP on the recruitment and conscription of citizens into military service

CIRCULAR

Regulations on the selection and conscription of citizens for military service

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

||| Based on the Law on Military Service of 2015;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

CONSIDERING the proposal of the General Staff;

The Minister of National Defense issues the Circular on the selection and call-up of citizens for military service.

||| Article 1. Scope of Regulation and Applicability

||| 1. This Circular stipulates the recruitment and conscription of citizens for military service; the responsibilities of agencies, organizations, and individuals in the recruitment and conscription of citizens for military service (hereinafter referred to as recruitment).

||| 2. People's Committees at all levels, agencies, units, and related organizations and individuals in organizing and implementing recruitment.

||| Article 2. Principles and Requirements for Recruitment

||| 1. Implement the Party’s policies and guidelines, state policies and laws, and procedures and regulations in recruitment work.

||| 2. Recruit sufficient quantity and ensure quality, democracy, fairness, transparency, safety, and economy.

||| 3. Emphasize the responsibility of all organizations and individuals to improve the quality of recruitment work.

||| 4. Focus on recruiting and conscripting those citizens who have graduated from university, college, vocational high school, and vocational training to enhance the quality of building regular forces, reserve forces, contribute to strengthening local political foundations, national defense, security, and firmly defending the Socialist Republic of Vietnam.

||| Article 3. Recruitment Targets and Timeframe

||| 1. Annually, implement according to the Prime Minister's decision regarding the call-up of citizens for military service.

||| 2. Based on the Prime Minister's decision, the Minister of National Defense decides the number of recruits for units under the Ministry of National Defense in each province and centrally-administered city (hereinafter collectively referred to as provincial level).

||| Article 4. Recruitment Standards

||| 1. Age:

||| a) Citizens aged 18 to 25 years old.

||| b) Male citizens who have been temporarily exempted from conscription due to higher education shall be recruited up to 27 years old.

||| 2. Political standards:

||| a) Implemented according to the regulations of the Ministry of National Defense and the Ministry of Public Security on political standards for recruiting citizens to serve in the Military.

||| b) For important and confidential agencies, units, and professional guard and military control forces, recruitment shall be carried out according to the regulations of the Ministry of National Defense concerning important and confidential agencies, units, and positions in the Military.

||| 3. Health standards:

||| a) Recruit citizens with health categories 1, 2, and 3 as defined by the Ministry of Health and the Ministry of National Defense regarding health standards for fulfilling military service obligations.

||| b) For units specified in Point b, Clause 2 of this Article, recruitment shall be conducted to ensure specific standards as prescribed by the Ministry of National Defense.

||| c) Do not conscript into the Military those citizens with health category 3 who have refractive errors in their eyes (myopia of 1.5 diopters or more, hyperopia of various degrees); drug addiction, HIV/AIDS.

||| 4. Cultural standards:

||| a) Recruit and conscript citizens with a minimum educational level of grade 8, selecting from highest to lowest. In difficult areas where the assigned recruitment targets cannot be met, report to the competent authority for consideration and decision to recruit citizens with a grade 7 educational level.

||| b) Villages located in remote, mountainous, and extremely disadvantaged areas as defined by law; ethnic minority groups with less than 10,000 people may recruit up to 20% to 25% of citizens with primary school education levels, with the remainder having secondary school education or higher.

||| Article 5. Temporary Exemption and Exemption from Conscription

||| The temporary exemption and exemption from conscription during peacetime shall be implemented according to Article 41 of the Law on Military Service of 2015, as follows:

||| 1. Temporarily exempt from conscription the following citizens:

||| a) Those who are not fit for military service according to the conclusion of the Medical Examination Board.

||| b) The only laborer directly supporting dependent relatives who are unable to work or have not reached working age; in families severely affected by casualties and property damage caused by accidents, natural disasters, or dangerous epidemics confirmed by the People's Committee of the commune.

||| c) A child of a war invalid or a person suffering from Agent Orange with reduced working capacity between 61% and 80%.

||| d) Having a brother, sister, or sibling serving as a non-commissioned officer or soldier in the military; a non-commissioned officer or soldier performing duties in the People's Public Security Forces.

||| đ) Individuals within the scope of relocation and population dispersal in the first three years to particularly difficult communes under national economic and social development projects decided by the People's Committee of the province or higher.

e) Officials, civil servants, public employees, and volunteers dispatched to work in areas with particularly difficult socio-economic conditions as prescribed by law.

g) Currently studying at a general education institution; currently undergoing regular undergraduate training at a higher education institution or regular college-level training at a vocational education institution during the duration of one training course.

2. Exempt from conscription for the following citizens:

a) Sons or daughters of martyrs, sons or daughters of first-class disabled veterans.

b) One brother or one sister of a martyr.

c) One child of a second-class disabled veteran; one child of a disabled veteran whose ability to work has been reduced by 81% or more; one child of a person affected by Agent Orange whose ability to work has been reduced by 81% or more.

d) Personnel engaged in confidential work who are not military personnel or People's Public Security officers.

đ) Officials, civil servants, public employees, and volunteers dispatched to work in areas with particularly difficult socio-economic conditions as prescribed by law for a period of 24 months or longer.

3. Citizens subject to temporary deferment from conscription as provided for in Clause 1 of this Article shall be called up for military service if they no longer have grounds for deferment.

Citizens subject to temporary deferment from conscription or exempted from conscription as provided for in Clauses 1 and 2 of this Article may be considered for recruitment and call-up for military service if they volunteer.

4. The list of citizens granted temporary deferment and exemption from conscription must be notified to village chiefs, neighborhood chiefs, community chiefs, commune chiefs, hamlet chiefs, village chiefs, etc. (hereinafter referred to as village chiefs), their families, and publicly posted at the offices of the People's Committee at the commune level, relevant agencies, and organizations at least 20 days before the call-up orders are issued.

Article 6. Responsibilities of localities in conscription

1. Responsibilities of People's Committees at all levels:

a) Directing the recruitment process to achieve quality and effectiveness, implementing well the propaganda, dissemination, and enhancement of awareness and responsibility for the implementation of the Law on Military Service among the people, especially citizens of conscription age.

b) Establishing Military Service Councils with the required number and appropriate composition as prescribed; clearly assigning responsibilities to each organization and individual in the implementation process. Fully utilizing the role and responsibility of the political system at the local level; the advisory role of military agencies at various levels and the responsibility of village chiefs in recruitment.

c) Assigning recruitment quotas to localities and units in accordance with each locality, linked to the mobilization area of the receiving unit, ensuring that all communes, wards, and towns have citizens enlisting.

d) Implementing recruitment thoroughly, recruiting who is selected, ensuring who is recruited, without making up for deficiencies; not organizing deep infiltration (three meetings, four knowledges).

đ) Directing the Military Service Council and related departments to monitor, guide, urge, and inspect the implementation of the recruitment process effectively.

e) Resolving complaints and denunciations promptly, strictly handling violations in recruitment according to the provisions of the law, and widely announcing to educate and create consensus among the people, preventing negative phenomena.

2. Responsibilities of the Provincial People's Committee: Implementing as prescribed in Clause 1 of this Article and directing the Military Service Council and related departments to implement recruitment effectively and efficiently.

3. Responsibilities of the District People's Committee, Town People's Committee, City People's Committee under Province (hereinafter collectively referred to as district level):

a) Directly directing, monitoring, and managing the implementation of the recruitment process; organizing training for those involved in recruitment; directing the implementation of preliminary selection and review strictly in accordance with regulations; assigning members of the Military Service Council to be responsible for monitoring and directing some communes, wards, towns, agencies, and organizations related and together with the locality assigned to be responsible for the quality and quota of conscripts.

b) Establishing the Health Examination Board and military service health examination teams to ensure sufficient components and equipment as prescribed; organizing suitable health examination venues, clearly assigning responsibilities to organizations and individuals involved in reviewing and examining military service health to ensure the quality of health examinations, accurate conclusions, and accountability for the results; during the health examination process, also taking measurements for uniforms.

c) Organizing the review of temporary deferments and exemptions from conscription in accordance with the Military Service Law. Finalizing the number of conscripts, issuing call-up orders, and completing the necessary procedures and files (including party member and youth league member files) of citizens called up for military service to be handed over fully to the receiving unit.

d) Issuing orders for military service health examinations suitable for each locality; for every one conscript, no more than four people should be called for health examinations; issuing reserve call-up orders not exceeding 5% of the conscription quota.

d) Regularly exchange information about the situation of citizens called up for military service with the units receiving troops; firmly grasp and provide the types and quantities of uniforms for the units receiving troops; compile and report according to regulations.

e) Organize the distribution of certain types of uniforms for new soldiers before the day of handover and reception of troops to ensure uniformity, compliance with regulations for each branch and unit, and suitability to weather and climate conditions of the region.

4. Responsibilities of the People's Committee of communes, towns, and wards:

a) Directly conduct preliminary selection and review of citizens for military service, ensuring democracy, public voting results, and transparency at the village level. Bear responsibility for the quality and recruitment quota. Report to the People's Committee of the district to decide on calling citizens for military service, temporary deferment, and exemption from call-up. Prepare military service files for citizens eligible for call-up to hand over to the Military Command of the district.

b) Grasp information and promptly provide updates on newly arising issues concerning citizens called up for military service so that the Military Command of the district and the units receiving troops are aware and can manage them. Coordinate with the units receiving troops to resolve desertions and disciplinary violations according to the provisions of the law.

Article 7. Responsibilities of the units receiving troops

1. Closely coordinate with the localities sending troops to unify recruitment quotas, time for reviewing files, and finalizing troop numbers with the locality ten days prior to the date when the district military authority issues the call-up order for citizens to join the military; coordinate with the locality to organize and attend the ceremony for handing over and receiving troops; transfer troops to the unit by bus or train, ensuring absolute safety, without keeping troops stationed long-term in the locality; prepare thoroughly in all aspects to receive and train new recruits according to plan.

2. Units organized with deep penetration frameworks (three meetings, four knowledges) shall implement according to the regulations of the Ministry of National Defense.

3. After new recruits return to the unit, organize the full issuance of standard uniforms (items not yet issued at the locality) according to regulations.

4. Within seven days from the date of handover and receipt of troops, organize a recheck of the standards of new recruits according to regulations and bear responsibility for the results of the recheck; in cases where the standards are not met, the unit receiving troops shall coordinate with the district military authority and establish a document to hand over the citizen to the district military authority at the unit.

Article 8. Responsibilities of agencies and units under the Ministry of National Defense in recruitment

Based on their functions and tasks, they are responsible for directing, guiding, and inspecting recruitment work; regularly grasp the situation, closely coordinate, and ensure that localities and units carry out recruitment in accordance with regulations.

Article 9. Organization of coordination in recruitment

1. The People's Committees of provinces and districts shall take the lead in organizing coordination between localities and units receiving troops to unify recruitment quotas, time for reviewing files, finalizing troop numbers, and handover and receipt of troops, specifically as follows:

a) The People's Committee of the province shall organize coordination with division, regiment, and equivalent levels (direct subordinate units of the Ministry).

b) The People's Committee of the district shall organize coordination with battalion and equivalent levels (direct subordinate levels of division and equivalent levels).

2. The People's Committees of provinces and districts shall direct the military and police agencies at the same level to closely cooperate in selecting and calling up citizens for military service and performing duties to participate in the People's Public Security; the police and military agencies at the district level shall unify recruitment quotas and personnel for calling up citizens for military service and performing duties to participate in the People's Public Security.

3. Localities and units shall cooperate and closely coordinate during the process of recruitment and management of troops. The units receiving troops shall dispatch division, regiment, and equivalent-level command officers to coordinate recruitment with the People's Committee of the province; battalion and equivalent-level command officers shall coordinate recruitment with the People's Committee of the district and bear responsibility for the contents of the coordination.

Article 10. Organization of the ceremony for handing over and receiving troops

1. The Military Region Command shall coordinate with the People's Committee of the province within its jurisdiction, uniformly directing the organization of the ceremony for handing over and receiving troops for military and police units on the same day.

2. The People's Committee of the district shall organize the ceremony for handing over and receiving troops in accordance with regulations; the handover record between the locality and the unit shall be signed immediately after the conclusion of the ceremony for handing over and receiving troops.

Article 11. Effective Date

1. This Circular takes effect from January 30, 2016.

2. Circular No. 167/2010/TT-BQP dated November 19, 2010, of the Ministry of National Defense regarding annual selection and call-up of citizens for military service shall cease to be effective from the date this Circular takes effect.

Article 12. Responsibility for Implementation

The Chief of General Staff, People's Committees of provinces and centrally governed cities, and Heads of relevant agencies and units shall be responsible for implementing this Circular./.