Decree No. 42/2011/ND-CP on citizens subject to military service duty being exempted from conscription during wartime

DECREE

Article concerning citizens subject to military service obligations who are exempted from being called up for active duty during wartime.

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THE GOVERNMENT

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

Based on the Law on National Defense dated June 14, 2005;

Based on the Law on Military Service dated December 30, 1981, which has been amended and supplemented in 1990, 1994, and 2005;

Based on the Ordinance on Reserve Mobilization Forces dated August 27, 1996;

Upon the proposal of the Minister of National Defense,

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the cases where citizens subject to military service obligations working in state agencies, political organizations, socio-political organizations, economic organizations, public institutions, foreign agencies, and international organizations operating within the territory of the Socialist Republic of Vietnam (hereinafter referred to collectively as agencies and organizations) are exempted from being called up for active duty during wartime.

Article 2. Applicability

1. This Decree applies to Vietnamese citizens subject to military service obligations as prescribed by the Law on Military Service (including female citizens with specialties needed by the Army); state agencies and organizations where there are Vietnamese citizens subject to military service obligations.

2. This Decree does not apply to citizens currently serving in the People's Public Security Forces, citizens with specialties already assigned to reserve units, and citizens mobilized by the Ministry of National Defense to serve in the Army when necessary.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Citizens subject to military service obligations are citizens within the age range required to serve in active duty and in reserve positions in the Army as prescribed by the Law on Military Service and the Law on Officers of the Vietnam People's Army.

2. Exemption from being called up for active duty during wartime means exemption from being called up to serve in active duty in the Army upon general mobilization orders or partial mobilization orders and during war.

Article 4. Regulations concerning citizens subject to military service obligations who are exempted from being called up for active duty during wartime

Regulations concerning citizens subject to military service obligations who are exempted from being called up for active duty during wartime are established to proactively plan the mobilization of reserve forces to supplement the regular forces of the Army, ensuring sufficient combat-ready forces to resist aggressive wars and firmly defend the Socialist Republic of Vietnam, while maintaining state administration, social activities, and economic operations of the country during wartime.

Article 5. Citizens exempted from being called up for active duty during wartime

1. Citizens exempted from being called up for active duty during wartime fall under one of the following circumstances:

a) Citizens holding key positions in state agencies, the Communist Party of Vietnam organizations, socio-political organizations from localities to the central level, economic organizations with many workers or having significant impacts on the economic activities of a region, industry, or national economic sector; if such citizens were to be called up for active duty, it would directly reduce, interrupt, or halt the operations of these agencies or organizations, directly affecting the maintenance of state administration, social activities, and economic operations of the country.

b) Citizens included in plans to ensure defense activities during wartime.

c) Citizens working in particularly important positions such as those at national key projects, cryptologic departments, engraving, printing of banknotes, meteorological and hydrological stations, lighthouses, pilots, heads of research projects at ministry, sector, national, and international levels, and other important positions in special professions.

d) Citizens working in agencies and organizations operating in particularly difficult areas such as border communes, islands, remote areas, and ethnic minority regions identified by the Government as economically and socially extremely difficult.

đ) Citizens recognized by competent authorities as having high-level expertise and currently receiving high-level salaries for their specialties.

e) Citizens with high skills and extensive experience to maintain the operations of large agencies and organizations during wartime, such as those with skills at the highest level in a five-level scale or the two highest levels in a six-level scale or higher.

g) Citizens with high scientific research qualifications or as sources for developing talent for the country.

h) Citizens who are the only child or the only son of martyrs.

2. When necessary, the Ministry of National Defense may mobilize some citizens with specialties among the categories specified in Clause 1 of this Article to serve in the Army.

3. Citizens subject to exemption from being called up for active duty during wartime, if they voluntarily submit an application to serve in the Army and obtain the consent of the head of the agency or organization managing them, may be called up for active duty.

4. The Ministry of National Defense shall specify the detailed list of citizens subject to military service obligations who are exempted from being called up for active duty during wartime. The Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs shall cooperate with the Ministry of National Defense in determining the detailed list of individuals subject to military service obligations who are exempted from being called up for active duty during wartime.

Article 6. Registration and management of citizens exempted from conscription during wartime

1. The registration for military service of citizens who are exempted from being called up for military service during wartime (referred to as separate registration) shall be carried out in accordance with the provisions of the law on military service registration.

2. Citizens who are exempted from being called up for military service during wartime, after registering with the Military Command Board of the district, city district, provincial city, or centrally governed municipality, shall be managed separately in accordance with the regulations of the Minister of National Defense.

Article 7. Prohibited acts

1. Exploiting positions and powers to certify false information about job positions, areas of operation, qualifications, skills, and other contents for citizens subject to military service obligations, thereby creating conditions for them to evade military service obligations.

2. Falsely declaring information about one's own job position, area of operation, qualifications, skills, and other contents to evade military service obligations.

3. Failing to comply with the registration regulations stipulated in Article 6 of this Decree.

Article 8. Handling Violations

Organizations and individuals violating the provisions of this Decree shall be disciplined, administratively sanctioned, or criminally prosecuted according to the nature and extent of their violations as prescribed by law.

Article 9. Effective Date

1. This Decree takes effect from August 1, 2011.

2. This Decree replaces the Council of Ministers' Decree No. 82/HĐBT dated May 6, 1982, promulgating the list of positions and professions of people exempted from being called up for military service when mobilization orders are issued.

Article 10. Responsibility for Implementation

1. The Minister of National Defense, within the scope of his functions, duties, and authorities, shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees, municipal People's Committees under central governance, and related organizations and individuals shall be responsible for implementing this Decree./.