Decree No. 38/2007/ND-CP On Postponing and Exempting Male Citizens from Military Service during Peace Time

DECREE

Regarding the temporary deferment and exemption from military service during peacetime for male citizens of conscription age

for male citizens of conscription age

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GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Military Service dated December 30, 1981; the Law Amending and Supplementing Certain Provisions of the Law on Military Service dated December 21, 1990; the Law Amending and Supplementing Certain Provisions of the Law on Military Service dated June 22, 1994; the Law Amending and Supplementing Certain Provisions of the Law on Military Service dated June 14, 2005;

Upon the proposal of the Minister of National Defense,

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the temporary deferment and exemption from military service during peacetime for male citizens of conscription age; the responsibilities of agencies, organizations, and individuals in implementing the temporary deferment and exemption from military service.

Article 2. Applicability

This Decree applies to male citizens of conscription age from eighteen years old to twenty-five years old. Male citizens who are temporarily deferred or exempted from military service may be called up for military service if they volunteer.

Article 3. Temporary Deferment from Military Service

The following male citizens shall be temporarily deferred from military service during peacetime:

1. Those who have not yet attained the health standard for military service according to the conclusion of the Medical Examination Board.

2. Those who are the sole laborer directly caring for and supporting family members who are unable to work or have not reached working age.

3. Those who are the sole laborer in a family that has suffered severe losses in terms of personnel and property due to accidents, natural disasters, or dangerous epidemics, confirmed by the People's Committee at the commune level.

4. Those who have a brother, sister, or sibling who is currently serving in the military as a non-commissioned officer or soldier.

5. Individuals participating in building new economic zones in the first three years.

6. Individuals classified as migrants or settlers in the first three years to remote areas, border regions, or particularly difficult areas with regional allowance coefficients of 0.5 or higher, or to islands with regional allowance coefficients of 0.3 or higher, as determined by projects for economic and social development approved by the People's Committee at the provincial level or higher.

7. Cadres, civil servants, and public officials as defined in Article 1 of the Ordinance on Cadres, Civil Servants, Youth Volunteers, and Young Intellectuals Volunteering, working in state agencies, political organizations, or political-social organizations residing in the locality or other localities and transferred to work in remote areas, border regions, or particularly difficult areas with regional allowance coefficients of 0.5 or higher, or to islands with regional allowance coefficients of 0.3 or higher.

8. Those engaged in national-level scientific research projects certified by the Minister, Head of a Ministry-equivalent agency, or an equivalent official.

9. Students enrolled in educational institutions under the national education system as specified in Clause 1, Article 48 of the Education Law 2005, including:

a) High schools, boarding schools for ethnic minorities, semi-residential schools for ethnic minorities, specialized schools, talent schools, preparatory universities;

b) Vocational secondary schools, vocational colleges, secondary vocational schools;

c) Colleges, universities;

d) Academies, research institutes with the mission to train master's and doctoral degree holders.

10. Students enrolled in educational institutions of foreign organizations, international organizations, overseas Vietnamese permitted to invest in Vietnam, or students studying abroad at institutions recognized for a duration of twelve months or more.

11. Citizens enrolled in educational institutions as specified in point b, point c of Clause 9 and Clause 10 of this Article shall only be temporarily deferred from military service for one concentrated training course. If they continue their studies in subsequent courses, they will not be eligible for temporary deferment. Annually, citizens subject to temporary deferment as stipulated in this Article must undergo review; if they no longer meet the criteria for temporary deferment, they will be called up for military service.

Article 4. Exemption from Military Service Call-Up

The following citizens shall be exempted from military service call-up during peacetime:

1. Children of martyrs, children of first-class disabled veterans, children of first-class war invalids.

2. One brother or sister of a martyr.

3. One son of a second-class disabled veteran.

4. Cadres, civil servants, public officials, volunteers, young volunteers, and young voluntary intellectuals as prescribed in Clause 7, Article 3 of this Decree who have served for twenty-four months or more.

Article 5. Responsibilities of the Ministry of National Defense

The Minister of National Defense shall direct and guide the implementation of temporary exemption and exemption from military service call-up nationwide; stipulate reporting systems and inspection systems for units under his/her jurisdiction and local military agencies at all levels.

Article 6. Responsibilities of People's Committees at all levels

1. The People's Committee of the commune has the responsibility to examine, register, manage the list of citizens in the locality eligible for temporary exemption and exemption from military service call-up, propose to the People's Committee of the district for decision; based on the decision of the People's Committee of the district, organize the public posting of the list of citizens eligible for temporary exemption and exemption from military service call-up at the People's Committee of the commune office.

2. The People's Committee of the district has the responsibility to direct, review, decide the list of citizens eligible for temporary exemption and exemption from military service call-up, and inspect the implementation in the locality; direct the military agency of the district to register and manage those temporarily exempted and exempted from military service call-up according to the provisions of this Decree.

3. The People's Committee of the province has the responsibility to inspect, examine, and resolve complaints and denunciations of citizens regarding decisions of the district level concerning temporary exemption and exemption from military service call-up.

Article 7. Responsibilities of Agencies and Organizations

1. The Ministry of Public Security shall direct public security agencies at all levels to cooperate with military agencies at the same level to manage citizens eligible for temporary exemption and exemption from military service call-up, citizens moving residence, citizens granted household registration or issued temporary residence certificates for annual inspections; promptly handle violations of regulations on temporary exemption and exemption from military service call-up.

2. The Ministry of Home Affairs shall guide cadre management agencies, civil servants, and public officials to cooperate with military agencies at the district level to organize military service registration for cadres and civil servants of conscription age as the basis for implementing temporary exemption and exemption from military service call-up for those prescribed in Clause 7, Article 3 and Clause 4, Article 4 of this Decree.

3. Educational institutions as prescribed in Clause 9, Article 3 of this Decree shall cooperate with military agencies at the district level where the school is located to organize military service registration for students and trainees of conscription age as the basis for implementing temporary exemption and exemption from military service call-up for students and trainees studying at these schools according to the regulations; organize public posting of the list of students and trainees eligible for temporary exemption and exemption from military service call-up at the school. Military service registration for students and trainees studying at foreign schools shall be regulated by the Ministry of National Defense.

4. Relevant agencies, organizations, and individuals within their functional, task, and authority scope have the responsibility to inspect, implement, and create conditions for citizens to comply fully with the legal regulations on temporary exemption and exemption from military service call-up.

Article 8. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 03/CP dated January 16, 1995, which stipulates temporary exemption and exemption from military service call-up during peacetime for students and trainees and for volunteers, cadres, and state civil servants working in areas with many difficulties. All other provisions contrary to this Decree are abolished.

Article 9. Responsibility for implementation

1. The Minister of National Defense shall take the lead and coordinate with relevant ministries and sectors to provide guidance on the implementation of this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.