Joint Circular No. 175/2011/TTLT-BQP-BGDĐT guiding the implementation of certain provisions of Decree No. 38/2007/NĐ-CP dated March 15, 2007 of the Government on temporary deferment from military service and exemption from military service during peacetime for male citizens of conscription age.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decree No. 38/2007/NĐ-CP dated March 15, 2007 of the Government on the temporary deferment from military service and exemption from call-up during peacetime for male citizens of conscription age concerning the temporary deferment from military service and exemption from call-up during peacetime for male citizens of conscription age

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

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Article 1. Amending and supplementing certain provisions of Joint Circular No. 175/2011/TTLT-BQP-BGDĐT

The Minister of National Defense and the Minister of Education and Training issue this Joint Circular amending and supplementing certain provisions of Joint Circular No. 175/2011/TTLT-BQP-BGDĐT dated September 13, 2011, issued by the Ministry of National Defense and the Ministry of Education and Training guiding the implementation of certain provisions of Decree No. 38/2007/NĐ-CP dated March 15, 2007 of the Government on temporary deferment from military service and exemption from military service during peacetime for male citizens of conscription age (hereinafter referred to as Joint Circular No. 175/2011/TTLT-BQP-BGDĐT).

The Ministry of National Defense and the Ministry of Education and Training issue guidelines for implementing certain provisions of Decree No. 38/2007/NĐ-CP dated March 15, 2007 of the Government on the temporary deferment from military service and exemption from call-up during peacetime for male citizens of conscription age (hereinafter referred to as Decree No. 38/2007/NĐ-CP) as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular guides the implementation of Clause 4, Clause 9, Clause 10, and Clause 11 Article 3 regarding the temporary deferment from military service; Clause 3 and Clause 4 Article 7 regarding the responsibilities of agencies and organizations in the temporary deferment from military service and exemption from call-up during peacetime as stipulated in Decree No. 38/2007/NĐ-CP.

2. This Circular applies to male citizens who are students, trainees pursuing master's, doctoral degrees, and equivalent (hereinafter referred to as citizens) within the age range of eighteen to twenty-five years old; agencies, organizations, and individuals related to the implementation of the temporary deferment from military service during peacetime for citizens.

Article 2. Guidelines for Clause 4, Clause 9, Clause 10, and Clause 11 Article 3 of Decree No. 38/2007/NĐ-CP

1. Subjects eligible for temporary deferment from military service:

a) Citizens having brothers, sisters, or half-brothers, half-sisters serving in the military or studying at military schools, non-military schools according to the plan of the Ministry of National Defense;

b) Citizens studying at educational institutions under the national education system in regular full-time programs including:

- Secondary schools, general secondary schools with multiple levels, boarding schools for ethnic minorities, semi-residential schools for ethnic minorities, specialized schools, talent schools, preparatory universities;

- Vocational colleges, vocational training centers, higher vocational training centers;

- Universities, colleges, higher education institutions; - Research institutes and academies responsible for training master's, doctoral degrees and equivalent;

- Schools of foreign organizations, international organizations, overseas Vietnamese allowed to invest in Vietnam.

c) Trainees studying in concentrated regular education programs at the secondary school level or high school level at educational institutions;

d) Citizens studying abroad at schools with a study period of twelve months or more.

2. Citizens mentioned in point b, point c, and point d Clause 1 of this Article are only eligible for temporary deferment from military service in their first concentrated training program; if they continue studying in subsequent programs, they will not be eligible for temporary deferment from military service.

- The duration of a concentrated training program is calculated from the date the school requires attendance (recorded in the admission notice) until graduation.

- A training program only implements one level of education; continuous uninterrupted joint training is required.

3. The following citizens are not eligible for temporary deferment from military service during peacetime:

a) Studying other types of training programs outside those specified in Clause 2 of this Article;

b) Studying but forced to withdraw;

c) Voluntarily dropping out or ceasing studies for a continuous period of six months or more without a valid reason;

d) Having completed the study period at the school for one training program;

đ) Only registered and paid tuition fees but actually did not attend the school;

4. Annually, citizens eligible for temporary deferment from military service as stipulated in Clause 1 of this Article must be reviewed; if they no longer have grounds for deferment, they shall be called up for military service. Citizens temporarily deferred from military service may volunteer to be selected and called up for military service.

Article 3. Guidance for Clause 3 and Clause 4, Article 7 of Decree No. 38/2007/NĐ-CP

1. Responsibilities of the directors of universities and academies; principals of schools; and directors of research institutes:

a) Inspect, accept, and transfer military service registration certificates of citizens to the People's Military Command at the district level where the school is located. The deadline for transferring is thirty days from the start of the academic year.

b) Notify the People's Military Command at the district level where the school is located about the list of citizens leaving the school sixty days prior to transferring their military service registration certificates to the People's Military Command at the district level where the citizen resides or works after graduation.

c) Timely notify the People's Military Command at the district level where the citizen resides and where the school is located about citizens who have completed their study period in regular full-time programs, those who are forced to withdraw, voluntarily withdraw, or cease studies continuously for more than six months, to remove them from the list of citizens temporarily exempted from military service call-up.

d) Within ten days from the date that staff, civil servants, officials, and students of the school are assigned to work or study abroad for twelve months or longer, report to the People's Military Command at the district level where the school is located to register long-term absence for citizens ready for military service; if the duration is between three and less than twelve months, register temporary absence. Within ten days from the date the citizen returns to the school, report to the People's Military Command at the district level where the school is located to re-register.

đ) Not accept citizens of conscription age to enroll in the school without a military service registration certificate or a temporary absence confirmation issued by the People's Military Command at the commune level.

e) Accept for enrollment citizens who have completed their military service obligations and received admission notices before or after the conscription time point as stipulated in Clause 4, Article 56 of the Law on Military Service Obligations.

2. Responsibilities of the People's Military Command at the commune level:

Report to the military authority at the district level about citizens eligible for temporary exemption from military service call-up as specified in Clause 1, Article 2 of this Circular for review of temporary exemption; register and issue temporary absence confirmation certificates for citizens admitted to schools.

3. Responsibilities of the People's Military Command at the district level where the citizen resides before enrolling in school:

a) Issue military service registration certificates to citizens admitted to schools.

b) Accept, manage, and register military service for citizens after completing their studies at schools and returning to their place of residence, and the number of citizens who are forced to withdraw, voluntarily withdraw, or cease studies as stipulated in Clause 3, Article 2 of this Circular.

4. Responsibilities of the People's Military Command at the district level where the school is located:

a) Accept and manage citizens required to register for military service who are studying at schools within its jurisdiction.

b) Transfer military service registration certificates of citizens who have graduated to the People's Military Command at the district level where the citizen resides or will work after graduation.

c) Notify and transfer military service registration certificates of citizens who have completed their study period in regular full-time programs, those who are forced to withdraw, voluntarily withdraw, or cease studies as stipulated in Clause 3, Article 2 of this Circular to the People's Military Command at the district level where the citizen resides.

d) Register and manage military service registration certificates of citizens who are ready for military service and are sent to work or study abroad.

đ) Implement the annual registration system for citizens of conscription age at schools as prescribed in Decree No. 83/2001/NĐ-CP dated November 9, 2001 of the Government on military service registration.

5. Responsibilities of the People's Military Command at the district level where the citizen will work after graduation:

Inspect, accept, and manage military service registration certificates of citizens working in the locality. If the citizen has a permanent residence address different from the workplace, the People's Military Command at the district level where the citizen resides shall inspect, accept, and manage the military service registration certificate of the citizen.

6. Responsibilities of citizens:

a) In cases where they have received a call-up order and an admission notice to colleges and universities or higher, must report to the People's Military Command at the commune level ten days before the conscription time point specified in the call-up order to be temporarily exempted from military service call-up. If not reported or reported after the deadline, they will not be temporarily exempted from military service call-up.

b) Citizens receiving an admission notice for vocational training at intermediate professional schools, intermediate vocational schools, and college-level vocational schools, upon receiving a call-up order, must report to the People's Military Command at the commune level within three days to be temporarily exempted from military service call-up. If not reported or reported after the deadline, they will not be temporarily exempted from military service call-up.

c) Citizens coming to the school to complete enrollment procedures must bring along the military service registration certificate issued by the People's Military Command at the district level and the temporary absence confirmation issued by the People's Military Command at the commune level where they reside.

7. Responsibilities of military units regarding citizens who have been called up for military service and received an admission notice to schools:

Units managing military personnel (at brigade, regiment, and equivalent levels) are responsible for notifying the school (where the admission notice was issued) to retain the admission results of candidates until completion of military service obligations as stipulated in Clause 4, Article 56 of the Law on Military Service Obligations.

Article 4. Organization of Implementation

1. Functional agencies of the Ministry of National Defense and the Ministry of Education and Training, based on their functions and responsibilities, are responsible for coordinating and directing the organization and implementation of this Circular and conducting inspections and audits of the implementation process by organizations and individuals in accordance with the provisions of the law.

2. Military Zones, Provincial and Municipal Military Commands directly under the Central Government shall monitor, direct, and guide the People's Military Command at the district level to closely cooperate with schools during the implementation process.

Article 5. Effective Date

1. This Circular takes effect from October 30, 2011, and replaces Joint Circular No. 121/2007/TTLB-BQP-BGDĐT dated August 7, 2007, of the Ministry of National Defense and the Ministry of Education and Training guiding the implementation of Decree No. 38/2007/NĐ-CP dated March 15, 2007, of the Government on the temporary deferment and exemption from conscription for citizens of conscription age during peacetime.

2. The Chairmen of People's Committees at all levels; directors of universities and academies; principals of schools; directors of research institutes; commanders of agencies and units shall be responsible for implementing this Circular. In the course of implementation, if there are difficulties or obstacles, they are requested to report them to the Ministry of National Defense and the Ministry of Education and Training for consideration and resolution.

In the course of implementation, if there are difficulties or obstacles, they are requested to report them to the Ministry of National Defense and the Ministry of Education and Training for consideration and resolution./.