Circular No. 184/2011/TT-BQP stipulates the list of citizens subject to military service obligations who are exempt from being called up for military service during wartime.

CIRCULAR

Regulations on the List of Citizens Subject to Military Service Obligations Exempted from Being Called Up for Military Service during War Time

Pursuant to the Law on Military Service dated December 30, 1981; the Law Amending and Supplementing the Law on Military Service in 1990; the Law Amending and Supplementing the Law on Military Service in 1994 and the Law Amending and Supplementing the Law on Military Service in 2005;

Based on the Ordinance on the Reserve Force dated August 27, 1996;

Pursuant to Decree No. 42/2011/NĐ-CP dated June 13, 2011 of the Government stipulating citizens subject to military service obligations exempted from being called up for military service during war time;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

CONSIDERING the proposal of the General Staff;

The Minister of National Defense hereby promulgates the list of citizens subject to military service obligations exempted from being called up for military service during war time, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the list of citizens subject to military service obligations exempted from being called up for military service during war time, as provided for in Article 5 of Decree No. 42/2011/NĐ-CP dated June 13, 2011 of the Government, stipulating citizens subject to military service obligations exempted from being called up for military service during war time.

Article 2. Applicability

1. This Circular applies to Vietnamese citizens subject to military service obligations pursuant to the Law on Military Service (including female citizens with expertise needed by the military); state agencies, political organizations, political-social organizations, economic organizations, public institutions, foreign agencies and organizations, international organizations operating within the territory of the Socialist Republic of Vietnam (hereinafter referred to collectively as agencies and organizations) where there are Vietnamese citizens subject to military service obligations.

2. This provision does not apply to citizens currently serving in the People's Public Security Force, and citizens with expertise who have been assigned to reserve units.

3. In cases of necessity, the Minister of National Defense may mobilize citizens with expertise to serve in the Military, including those citizens exempted from being called up for military service during war time.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Number of employees of enterprises refers to individuals working at the enterprise and participating in mandatory social insurance.

2. Agencies and organizations specified in this Circular are agencies and organizations operating normally during wartime.

3. Percentage of citizens exempted from being called up for military service is the ratio between citizens exempted from being called up for military service during war time and citizens subject to military service obligations.

Article 4. Confirmation of citizens exempted from being called up for military service during war time

1. A citizen holding a decision on appointment to a position, transfer of work, or a certificate of professional qualifications, academic titles, or honors issued by the competent authority shall be the basis for confirming that such citizen falls under the category exempted from being called up for military service during war time.

2. The specific number of citizens exempted from being called up for military service according to the percentage of agencies and organizations specified in this Circular shall be confirmed by the Military Command Board of the district, town, city, or provincial town (hereinafter referred to collectively as the district level) for agencies and organizations whose main offices are located within their jurisdiction.

Article 5. Registration and Management of Citizens Exempted from Being Called Up for Military Service during War Time

1. The registration of citizens exempted from being called up for military service during war time shall be carried out in accordance with Articles 29 and 30 of Decree No. 83/2001/NĐ-CP dated November 9, 2001 of the Government on military service registration.

2. Management of citizens exempted from being called up for military service during war time:

a) Citizens subject to military service obligations exempted from being called up for military service during war time, after registering with the district-level military agency, shall be managed separately, and report annually to higher authorities as prescribed;

b) Every six months, during the period from January 1 to January 10 and from July 1 to July 10 each year, the Military Command Board of the commune, ward, or town (hereinafter referred to collectively as the commune level), or the Military Command Board or head of the agency or organization shall compare and update the list of citizens subject to military service obligations exempted from being called up for military service during war time with the district-level Military Command Board.

Chapter II

LIST OF CITIZENS SUBJECT TO MILITARY SERVICE OBLIGATIONS EXEMPTED FROM BEING CALLED UP FOR MILITARY SERVICE DURING WAR TIME

Article 6. Citizens are exempt from conscription in state agencies

1. Chairpersons of People's Committees at the commune level; Commanders of Military District Command, Chiefs of Public Security of border communes, islands, remote areas, and ethnic minority regions identified as particularly economically and socially difficult by the Government; Chairpersons, Vice Chairpersons in charge of People's Committees, Chairpersons of People's Councils at the district level; Chairpersons, Vice Chairpersons in charge of People's Committees, People's Councils of provinces and centrally governed cities (hereinafter referred to collectively as provincial level).

2. Heads of finance-planning, civil service, labor-social affairs, education-training, agriculture-rural development departments for districts or economic departments for urban districts, towns, and provincial cities; Directors of Social Insurance Departments at the district level.

3. Inspectors-in-chief of provincial-level and ministry-level agencies; General Inspectors, Deputy General Inspectors of the Government Inspectorate.

4. Directors of provincial-level departments and equivalent positions within provincial-level state management agencies; Directors of provincial-level Social Insurance Departments.

5. Heads of ministries' and ministerial-equivalent agencies' departments directly under ministries, ministerial-equivalent agencies, and government agencies (hereinafter referred to collectively as ministries and sectors); Directors of bureaus, general directors, ministers, deputy ministers, and equivalent positions within central agencies of ministries and sectors.

6. Commanders of Military District Commands of central agencies.

7. Governor of the State Bank; Directors of provincial-level State Banks; Directors of National Treasury.

8. Citizens directly engaged in printing, minting, and casting money.

9. Heads of customs stations and chiefs of quarantine stations for health, animals, and plants working at international border gates.

10. Citizens working in the cryptographic sector.

Article 7. Citizens are exempt from conscription in the Communist Party of Vietnam organizations

1. Secretaries of Commune-level Party Committees; Secretaries, Vice Secretaries in charge of County-level and Provincial-level Party Committees.

2. Heads of Organization Departments at the county level; Heads of Party Building Departments at the provincial level; Heads of Party Building Departments and equivalent positions at the central level.

3. Secretaries of Party Committees of mass organizations and enterprises at the provincial level; Secretaries of Party Committees of central agencies; Secretaries of Central Party Committees of mass organizations and enterprises.

4. Commanders of Military District Commands of central Party agencies.

Article 8. Citizens are exempt from conscription in political and socio-political organizations

1. Chairpersons of People's Committees for Political Consultative Associations at the county and provincial levels; Heads of equivalent positions and Chairpersons, Vice Chairpersons of the Central Committee of the Vietnam Fatherland Front.

2. Secretaries of Youth League Committees at the county and provincial levels; Heads of equivalent positions and Secretaries of the Central Youth League Committee.

3. Chairpersons of provincial-level Trade Union Federations; Heads of equivalent positions and Chairpersons, Vice Chairpersons in charge of the Vietnam General Confederation of Labor.

4. Chairpersons of associations belonging to socio-political organizations at the provincial level; Chairpersons, Vice Chairpersons in charge of central associations belonging to socio-political organizations.

Article 9. Positions exempt from conscription in economic organizations

1. Chairpersons of boards of members or chairpersons of boards of directors, general managers, chief accountants of state-owned enterprises with 350 employees or more, or state-owned enterprises with 150 to less than 350 employees but having significant impact on the economic activities of a region or a sector of the national economy, or high-tech enterprises producing many products; a deputy general manager of a state-owned enterprise with 700 employees or more; deputy general managers, inspectors-in-chief, department heads, and equivalent positions of state-owned enterprises with 1,400 employees or more; chairpersons of boards of members or chairpersons of boards of directors, general managers of other enterprises with 700 employees or more.

The determination of state-owned enterprises with 150 to less than 350 employees having significant impact on the economic activities of a region or a sector of the national economy, or high-tech enterprises producing many products, shall be proposed by the enterprises themselves; the provincial-level Military Command (where the enterprise's headquarters is located) shall take the lead and coordinate with relevant agencies to review, and the Chairperson of the People's Committee at the provincial level shall confirm.

2. Directors of international seaports; Directors of international airports.

3. Foremen of workshops, team leaders of construction, production teams, site commanders of state-owned enterprises with 350 employees or more.

4. Officials responsible for defense product manufacturing and repair production lines.

5. Directors of provincial-level telecommunications centers; Directors of provincial-level information control centers.

6. Captains, engineers of ships with power of 1,960 horsepower or more belonging to state-owned enterprises and not included in the plan to supplement the regular forces of the Army when mobilization orders are issued.

7. Pilots, co-pilots, head flight attendants of aircraft belonging to enterprises of the National Airline Company and not included in the plan to supplement the regular forces of the Army when mobilization orders are issued; heads of technical departments of international airports; heads of the Aircraft Engineering Company and its subsidiaries under the Vietnam Airlines Corporation; Directors, Deputy Directors of Flight Operation Control Centers.

8. Heads of national railway transport management agencies, urban railway transport management agencies.

Article 10. Citizens exempted from conscription in the electricity, coal, oil, gas, petroleum, and chemical industries.

Clause 1. Cadres and workers on production and repair lines for national defense products during wartime.

Clause 2. Persons responsible for operating and repairing boilers and machines at power plants; persons responsible for operating and repairing high-voltage transmission lines and substations in distribution and transmission systems.

Clause 3. Fifty percent of chemical engineers in enterprises.

Clause 4. Citizens working in state agencies and organizations in the electricity, coal, oil, gas, petroleum, and chemical industries operating in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

Article 11. Citizens exempted from conscription in agriculture, forestry, and fisheries.

Technical workers planting, harvesting, and processing rubber, coffee, industrial crops, forest products, and seafood in state-owned enterprises working in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

Article 12. Citizens exempted from conscription in the transportation industry.

Clause 1. Chief pilots, chief machinists, and chief electricians of inland waterway transport and cruise ships with a capacity of 1960 horsepower or more belonging to state-owned enterprises; pilot boats, dredgers, and rescue vessels belonging to state-owned enterprises that are not included in the plan to supplement regular forces when mobilization orders are issued.

Clause 2. Lighthouse keepers and pilots.

Clause 3. Chief pilots and chief machinists of ferry boats managed by the state that are not included in the plan to supplement regular forces when mobilization orders are issued.

Clause 4. Fifty percent of workers in state-owned enterprises engaged in cargo handling at international seaports.

Clause 5. Chief drivers of railway freight trains; train dispatchers, shift supervisors at railway stations, and station commanders of the Vietnam Railway Corporation.

Article 13. Citizens exempted from conscription in the electronics, information technology, postal, and telecommunications sectors.

Clause 1. Cadres and technical staff ensuring communication services for national defense; workers on production and repair lines for national defense products during wartime.

Clause 2. Fifty percent of network management technicians in state-owned enterprises with 350 employees or more.

Clause 3. Cadres and staff in the postal and telecommunications sector working in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

Article 14. Citizens exempted from conscription in the mechanical and power industries.

Cadres and workers on production and repair lines for national defense products during wartime.

Article 15. Citizens exempted from conscription in the construction industry.

Clause 1. Citizens currently responsible for and chief engineers of national key projects.

Clause 2. Consulting engineers supervising national key projects.

Clause 3. Workers constructing national key projects during wartime.

Clause 4. Workers in state-owned enterprises building roads and national key projects in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

Article 16. Citizens are exempt from conscription in the field of scientific research.

1. Directors and Deputy Directors of scientific research institutes, directors of scientific research centers, laboratories, research stations, monitoring stations, and testing stations under the Government and ministries and sectors.

2. Heads of sectoral, national, and international research projects.

3. Citizens with a doctoral degree participating in sectoral, national, and international research topics.

4. Citizens with a master's degree or senior researcher title participating in national and international scientific projects.

5. Citizens with the academic title of professor or associate professor participating in scientific research.

Article 17. Citizens are exempt from conscription in the education and training sector.

1. Directors and Acting Deputy Directors of academies, universities, colleges, vocational high schools, secondary schools, and primary schools; Principals of public elementary and kindergarten schools.

2. Department heads of public academies and universities.

3. Citizens with the academic title of professor or associate professor, doctoral degree, distinguished teacher, people's teacher, senior lecturer, provincial-level excellent teacher, working in all public academies, schools, and educational institutions.

4. Teachers working in border commune areas, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

5. Teachers and lecturers in public academies, schools, and educational institutions are exempt from conscription in sufficient numbers to teach the current number of students during wartime.

6. Students who have won third place or higher in national and international student excellence competitions are exempt from conscription until they complete their university studies.

Article 18. Citizens are exempt from conscription in the health and social welfare sector.

1. Directors of provincial health and social welfare centers.

2. Directors of district hospitals; Directors and Acting Deputy Directors, Department Heads of provincial and central hospitals.

3. Citizens with the title of People's Doctor and doctoral degree working in the health and social welfare sector.

4. Citizens holding the title of Senior Physician, Principal Physician, and Specialist Class II working in special fields such as forensic medicine, forensic psychiatry, leprosy, tuberculosis, mental health, and HIV/AIDS.

5. Medical staff working in healthcare facilities in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially disadvantaged.

Article 19. Citizens are exempt from conscription in the cultural arts sector.

1. Directors of national museums.

2. Leaders of central cultural arts troupes.

3. Chief directors currently involved in national-level cultural arts programs and works.

4. Citizens with the title of People's Artist actively working in the cultural arts sector.

Article 20. Citizens are exempt from conscription in the physical education and sports sector.

1. Directors of national physical education and sports centers.

2. International referees in various sports disciplines.

3. Head coaches and athletes of national teams during preparation and participation in international competitions.

Article 21. Citizens are exempt from conscription in the field of natural resources and environment

1. The head, the commander, and one deputy commander of geological teams, geological corps, planning and resource investigation teams.

2. The General Director, one Deputy General Director, and the heads of units under the National Meteorological and Hydrological Center; the Director of the Planning and Resource Investigation Center; the station chiefs of meteorological, hydrological, marine, environmental, radar, and satellite positioning stations located in islands, highlands, border districts.

3. Cadres, civil servants, and workers in the natural resources and environment sector working in border communes, islands, remote areas, and ethnic minority regions identified by the Government as particularly economically and socially difficult.

Article 22. Citizens are exempt from conscription in the judiciary, People's Procuracy, and State Audit Office sectors

1. The President of the People's Court at the provincial and district levels; the President and Vice-President of the Supreme People's Court.

2. The Prosecutor of the People's Procuracy at the provincial and district levels; the Prosecutor and Deputy Prosecutor of the Supreme People's Procuracy.

3. The Chief Auditor of specialized and regional State Audit Offices; the State Auditor General and Deputy State Auditor General.

4. Heads of departments directly under the Supreme People's Court, Supreme People's Procuracy, and State Audit Office.

Article 23. Citizens are exempt from conscription in the diplomatic sector

1. Vietnamese citizens are exempt from conscription according to international treaties to which Vietnam is a member.

2. Heads of representative offices of the Socialist Republic of Vietnam abroad.

3. Leaders of government-level and ministry-level negotiation delegations; leaders of anti-dumping investigation delegations currently participating in negotiations or investigations.

Article 24. Other citizens exempt from conscription

1. Chairpersons, Deputy Chairpersons of the Committees of the National Assembly.

2. Chairpersons of provincial Bar Associations; Chairpersons and Vice-Chairpersons of the Vietnam Bar Federation.

3. Citizens recognized by competent authorities as having advanced qualifications in their profession and receiving advanced salaries for such qualifications in state agencies and organizations.

4. Technicians in the electricity, coal, oil, gas, petroleum, chemicals, transportation, electronics, information technology, postal and telecommunications, mechanical engineering, power, construction, agriculture, forestry, fisheries, and other industries, with skills at the highest level in a five-level scale or the two highest levels in a six-level scale in state-owned enterprises with 350 employees or more.

5. Citizens who are the only child or the only son of martyrs.

Chapter III
IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 26. Implementation

Ministers of ministries, heads of ministerial-level agencies, heads of central government agencies, Chairpersons of provincial People's Councils, and related agencies and organizations shall organize the implementation of this Circular within their respective jurisdictions and powers. Any difficulties encountered during implementation should be reported to the Ministry of Defense for consideration and resolution.