Law on Military Service No. 78/2015/QH13

LAW

Military Service Obligation

_____

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Military Service Obligation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on military service obligation; the tasks, authorities of agencies, organizations, individuals and policies in implementing military service obligation.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals related to military service obligation.

Article 3. Explanation of Terms

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

1. Age for performing military service obligation is the age at which citizens perform their duty to serve in active duty and reserve positions in the People's Army.

2. Military service registration is the act of establishing a file on military service obligation of citizens within the age for performing military service obligation.

6. Non-commissioned officers and soldiers in reserve are citizens who have registered to serve in reserve positions in the People's Army.

7. Removal from reserve status is the transfer of non-commissioned officers and soldiers in reserve out of the reserve force of the People's Army.

Article 4. Military Service Obligation

1. Military service obligation is the glorious duty of citizens serving in the People's Army. Fulfilling military service obligation includes serving in active duty and serving in reserve positions in the People's Army.

2. Citizens within the age for performing military service obligation, regardless of ethnicity, social stratum, belief, religion, educational level, profession, place of residence must fulfill military service obligation as prescribed by this Law.

4. Citizens falling under any of the following cases shall be recognized as having completed military service obligation in active duty during peacetime:

b) Completing the duty to participate in the Public Security Police in villages continuously for 36 months or more;

c) Cadres, civil servants, public officials, university graduates or higher, who have been trained and conferred reserve officer rank;

d) Young people who have graduated from university, college, or secondary vocational school voluntarily serving in economic-defense units for 24 months or more according to the Project;

e) Citizens serving on fisheries surveillance vessels for 24 months or more.

Article 5. Responsibilities of agencies, organizations, individuals, and families in fulfilling military service obligation

Agencies, organizations, individuals, and families have the responsibility to educate, encourage, and create conditions for citizens to fulfill military service obligation.

Article 6. Duty to serve in active duty

1. Male citizens within the age for performing military service obligation have the duty to serve in active duty in the People's Army.

2. Female citizens within the age for performing military service obligation in peacetime, if willing and the army has a need, may serve in active duty.

Article 7. Obligation to serve in reserve ranks

1. Male citizens of military service age have the obligation to serve in reserve ranks including the following cases:

a) Reaching the age for conscription but not yet serving in active duty;

b) Resigning from active duty service;

c) Resigning from service in the People's Public Security Force.

2. Female citizens of military service age with specialized fields suitable for the requirements of the People's Army shall be specified by the Government.

Article 8. Positions and ranks of non-commissioned officers and soldiers

1. Positions of non-commissioned officers and soldiers:

a) Deputy platoon leader and equivalent positions;

b) Platoon leader and equivalent positions;

c) Deputy platoon leader and equivalent positions;

d) Soldier.

2. Ranks of non-commissioned officers and soldiers:

a) Senior Sergeant;

b) Staff Sergeant;

c) Corporal;

d) Private First Class;

e) Private Second Class.

3. Non-commissioned officers and soldiers on active duty and reserve non-commissioned officers and soldiers are granted and promoted to corresponding ranks according to their positions; those who excel in performing their duties may be promoted ahead of schedule; those with outstanding achievements may be considered for promotion beyond regular progression.

4. The Minister of National Defense shall stipulate the granting, promotion, demotion, and revocation of ranks; appointment to positions, demotion, and removal from positions; and specify equivalent positions and the highest rank for the positions of non-commissioned officers and soldiers as prescribed in Clause 1 and Clause 2 of this Article.

Article 9. Rights and obligations of non-commissioned officers and soldiers

1. Non-commissioned officers and soldiers are guaranteed appropriate preferential policies by the State in accordance with the nature of activities of the People's Army.

2. Non-commissioned officers and soldiers have the obligation:

a) To be absolutely loyal to the country, people, the Party, and the Socialist Republic of Vietnam;

b) To be ready to fight and sacrifice to protect the independence, sovereignty, unity, and territorial integrity of the country; to protect the people, the Party, the State, and the socialist regime; to fulfill all assigned tasks and perform international obligations;

c) To protect the property and interests of the State, agencies, and organizations; to protect the lives, property, rights, and legitimate interests of the people; to participate in national security protection and social order and safety in accordance with the law;

d) To strictly comply with the Party's guidelines and policies, the State's policies and laws, the Regulations and Rules of the People's Army;

e) To study politics, military affairs, culture, science, technology, and professional skills; to cultivate organizational discipline and physical fitness; to enhance political resolve and combat readiness.

Article 10. Prohibited Acts

1. Evading military service obligations.

2. Resisting and obstructing the performance of military service obligations.

3. Deceiving during military service medical examinations.

4. Misusing authority to violate regulations on military service.

5. Using non-commissioned officers and soldiers contrary to the provisions of the law.

6. Violating the body, health; insulting the honor and dignity of non-commissioned officers and soldiers.

Chapter II

REGISTRATION FOR MILITARY SERVICE AND MANAGEMENT OF CITIZENS IN MILITARY SERVICE AGEAT THE AGE OF PERFORMING MILITARY SERVICE OBLIGATIONS

Article 11. Principles of registration for military service and management of citizens in military service age

1. Accurate targeting, procedures, and policies in accordance with the law.

2. Uniformity, transparency, clarity, and convenience for citizens.

3. Strict management, thorough understanding of the quantity, quality, and personal background of citizens in military service age.

4. Any changes in residence of citizens in military service age must be registered and managed in accordance with the law.

Article 12. Subjects for Military Service Registration

1. Male citizens aged 17 years or older.

2. Female citizens as prescribed in Clause 2, Article 7 of this Law who are aged 18 years or older.

Article 13. Subjects Not Eligible for Military Service Registration

1. Citizens falling under any of the following circumstances shall not be eligible for military service registration:

a) Those currently being pursued for criminal responsibility; those currently serving a prison sentence, suspended imprisonment, probation, or having completed a prison sentence but not yet had their criminal record expunged;

c) Those deprived of the right to serve in the people's armed forces.

2. When the application period for the measures prescribed in Clause 1 of this Article has expired, citizens may register for military service.

Article 14. Subjects Exempt from Military Service Registration

Persons with disabilities, persons suffering from serious illnesses, mental disorders, or chronic diseases as stipulated by law.

Article 15. Authorities for Military Service Registration

1. The People's Militia Committee at the commune level shall conduct military service registration for citizens residing in the locality.

1. In January each year, the Chairman of the People's Committee at the commune level, the head or legal representative of the agency or organization shall report to the People's Militia Committee at the district level a list of male citizens aged 17 years in that year and male citizens within the age range for performing military service who have not registered for military service.

2. In April each year, the Commander of the People's Militia Committee at the district level shall issue an order to call up citizens as prescribed in Clause 1 of this Article to register for military service for the first time.

3. Citizens registering for military service for the first time must directly register at the authority responsible for military service registration as prescribed in Article 15 of this Law.

Article 17. Supplementary Military Service Registration; when changing place of residence or workplace/study; temporary absence; registration for exemption from conscription during wartime

Citizens who have already registered for military service and change their job position, educational level, professional qualifications, health status, or other information related to military service must register supplementary information at the authority responsible for military service registration.

a) Citizens who have already registered for military service and change their place of residence or workplace/study must go to the authority where they previously registered for military service to complete the transfer procedures; within 10 working days from the date of arrival at the new place of residence or workplace/study, they must go to the authority responsible for military service registration to complete the transfer registration;

b) Citizens who have already registered for military service and are called to study at vocational education institutions or higher education institutions within the national education system must go to the authority where they previously registered for military service to complete the transfer procedures to the educational institution; upon completion of studies, they must complete the transfer procedures back to their new place of residence or workplace. The head of the educational institution is responsible for organizing citizens to register for military service and transferring the military service registration.

4. Citizens exempt from conscription during wartime shall register according to the provisions of the Government.

Article 18. Registration for Reserve Service

1. Male citizens as specified in point a, Clause 1, Article 7 of this Law.

2. Female citizens as specified in Clause 2, Article 7 of this Law.

3. Citizens of military service age falling into one of the following cases:

a) Non-commissioned officers and soldiers who have been discharged from military service;

c) Citizens who have ceased serving in the Public Security Force.

Article 19. Removal from the Military Service Registration List

1. Citizens shall be removed from the Military Service Registration List in the following cases:

a) Death;

b) Reaching the age limit for reserve service;

c) Cases as specified in Clause 1, Article 13 or Article 14 of this Law.

Article 20. Responsibilities and Authorities of Agencies, Organizations, and Individuals in Military Service Registration and Management of Citizens of Military Service Age

1. The Government shall provide detailed regulations on the procedures and formalities for military service registration.

2. The Minister of National Defense shall be responsible for organizing and directing the implementation of military service registration, establishing the system of registration forms for military service, reporting systems, and inspection systems for military service registration; managing citizens of military service age; building and managing a unified database on military service.

3. People's Committees at all levels shall be responsible for directing the implementation of military service registration and management of citizens of military service age in their localities in accordance with the provisions of the law.

a) Implementing military service registration and issuing certificates of military service registration;

b) Taking the lead and coordinating with relevant agencies to manage citizens of military service age.

5. Police agencies at the district and commune levels within their duties and authorities shall be responsible for:

b) Informing the People's Militia Board at the same level of changes in the place of permanent residence, temporary absence, temporary residence, or stay of citizens of military service age for the purpose of managing military service registration;

c) Coordinating with local military agencies and other relevant agencies to inspect and handle those who violate the regulations on military service registration.

6. Agencies and organizations shall be responsible for coordinating with military agencies at the same level to implement regulations on military service registration and management of citizens of military service age.

Chapter III

SERVICE OF NON-COMMISSIONED OFFICERS AND SOLDIERS IN THE ARMYAND RESERVE OFFICER, NON-COMMISSIONED RESERVE RANK

Section 1

SERVICE OF NON-COMMISSIONED OFFICERS AND SOLDIERS IN THE ARMY

Article 21. Duration of Active Service for Non-Commissioned Officers and Soldiers

1. The duration of active service during peacetime for non-commissioned officers and soldiers is twenty-four months.

2. The Minister of National Defense may decide to extend the duration of active service for non-commissioned officers and soldiers but not exceeding six months in the following cases:

a) To ensure combat readiness tasks;

b) While performing disaster prevention, epidemic control, rescue, and relief tasks.

3. The duration of service for non-commissioned officers and soldiers during wartime or a state of emergency shall be carried out according to general mobilization orders or partial mobilization orders.

Article 22. Calculation of Time Served in Military Service for Non-Commissioned Officers and Soldiers

1. The time served in military service for non-commissioned officers and soldiers shall be calculated from the date of handover or receipt of personnel; in cases where there is no centralized handover or receipt of personnel, it shall be calculated from the date when the People's Army unit receives them until they are decided to be discharged by the competent authority.

2. Time spent deserting and time serving a prison sentence shall not be counted towards the time served in military service.

Article 23. Service of Non-Commissioned Officers and Soldiers with Professional and Technical Qualifications

1. Non-commissioned officers and soldiers with professional and technical qualifications, when performing their military service obligations, shall be prioritized for positions suitable to the needs of the military as prescribed by the Minister of National Defense.

2. After completing their term of military service or while serving in reserve positions, non-commissioned officers and soldiers who meet the requirements of the military and voluntarily agree may be selected to serve under the regulations for officers, professional military personnel, or defense workers and civil servants as prescribed by law if the military has a need.

Section 2

SERVICE OF RESERVE NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 24. Categories of Reserve Non-Commissioned Officers and Soldiers

1. Reserve non-commissioned officers and soldiers are divided into reserve non-commissioned officers and soldiers of the first category and reserve soldiers of the second category.

2. Reserve non-commissioned officers and soldiers of the first category:

a) Non-commissioned officers and soldiers discharged from military service having served at least six months;

b) Non-commissioned officers and soldiers discharged from military service having participated in combat;

c) Male citizens who have ceased service in the People's Public Security Forces and have served for at least twenty months;

d) Male citizens who are professional military personnel who have ceased military service;

đ) Male citizens who are defense workers and civil servants transferred from non-commissioned officers and soldiers who have ceased employment;

g) Male citizens who are reserve soldiers of the second category having completed concentrated training for at least six months;

h) Citizens who have continuously fulfilled their obligation to participate in village public security forces for at least thirty-six months.

3. Reserve soldiers of the second category:

a) Male citizens who are soldiers discharged from military service having served less than six months;

b) Defense workers and civil servants not falling within the category specified in point đ clause 2 Article 24 of this Law who have ceased employment;

c) Male citizens who have ceased service in the People's Public Security Forces having served for less than twelve months;

d) Male citizens who have reached the age limit for conscription without having served in military service and performed their obligation to participate in the People's Public Security Forces;

đ) Female citizens who have registered for military service as prescribed in clause 2 Article 12 of this Law.

Article 25. Age Limit for Service of Reserve Non-Commissioned Officers and Soldiers

The age limit for service in reserve positions for non-commissioned officers and soldiers is stipulated as follows:

1. Male citizens up to forty-five years old;

2. Female citizens up to forty years old.

Article 26. Age Groups for Service of Reserve Non-Commissioned Officers and Soldiers

1. The age for service of reserve non-commissioned officers and soldiers is divided into two groups as follows:

1. Group A: Male citizens up to thirty-five years old, female citizens up to thirty years old;

2. Group B: Male citizens from thirty-six to forty-five years old, female citizens from thirty-one to forty years old.

Article 27. Training, Drills, and Readiness Checks for Reserve Non-Commissioned Officers and Soldiers

1. For reserve non-commissioned officers and soldiers of the first category:

a) They must participate in training, drills, and readiness checks for mobilization and combat readiness in reserve mobilization units with a total time not exceeding twelve months;

b) The Prime Minister decides the number of reserve non-commissioned officers and soldiers of the first category to be called for concentrated training, drills, and readiness checks for mobilization and combat readiness annually;

c) Based on the decision of the Prime Minister, the Minister of National Defense decides the allocation of quotas for military units; specifies the number of times and duration of each training session; between training sessions, reserve non-commissioned officers and soldiers can be called for concentrated readiness checks for mobilization and combat readiness for no more than seven days; in necessary cases, they have the right to retain reserve non-commissioned officers and soldiers for additional training not exceeding two months but the total time does not exceed the time prescribed in point a clause 1 of this Article.

2. The training for reserve soldiers of the second category is regulated by the Government.

Article 28. Health Examination for Reserve Non-Commissioned Officers and Soldiers

1. Reserve non-commissioned officers and soldiers who have been assigned to reserve units before concentrated training and exercises shall undergo health examinations.

Reserve non-commissioned officers and soldiers who have reached the age limit or are no longer fit for service in the reserve category shall be relieved from their positions according to the decision of the Commander-in-Chief of the Military Command Board at the district level.

Chapter IV

ENLISTMENT AND DISCHARGE DURING PEACE TIME

Section 1

CALLING CITIZENS FOR ENLISTMENT

Article 30. Age for Call to Enlistment

Citizens aged 18 years old may be called for enlistment; the age range for call to enlistment is from 18 to 25 years old; citizens who have been temporarily exempted from call to enlistment due to higher education (college or university) may be called up until the age of 27.

Article 31. Standards for Citizens Called for Enlistment and Performing National Service in the People's Public Security Force

1. Citizens may be called for enlistment if they meet the following criteria:

a) Clear background;

b) Strict adherence to the Party's policies and State laws;

c) Sufficient health to serve in the military as prescribed;

d) Appropriate educational qualifications.

2. The standards for citizens called to perform national service in the People's Public Security Force are stipulated in Article 7 of the Law on the People's Public Security Force.

Article 32. Recognition of Active Duty Soldiers

Citizens aged 17 years old, willing to serve long-term in the People's Army, meeting the legal requirements, and currently studying at military schools shall be recognized as active duty soldiers.

Article 33. Number of Times and Dates for Calling Citizens for Enlistment and Performing National Service in the People's Public Security Force Annually

Each year, citizens shall be called for enlistment and performing national service in the People's Public Security Force once in February or March; in cases of necessity for defense and security reasons, a second call may be made. In areas affected by disasters or dangerous epidemics, the time for calling citizens for enlistment and performing national service in the People's Public Security Force may be adjusted.

Article 34. Authority to Decide on Calling Citizens for Enlistment and Performing National Service in the People's Public Security Force

1. The Prime Minister decides the time and number of citizens to be called for enlistment and performing national service in the People's Public Security Force for provinces and centrally-administered cities (hereinafter referred to as provincial level); decides on a second call for enlistment and performing national service in the People's Public Security Force; and decides on adjustments to the number and time of calls for enlistment and performing national service in the People's Public Security Force for provincial levels as stipulated in Article 33 of this Law.

2. Based on the Prime Minister's decision, the Minister of Defense and the Minister of Public Security decide the number of citizens to be called for enlistment and performing national service in the People's Public Security Force for units under their jurisdiction in each provincial-level locality.

Article 35. Responsibilities of agencies, organizations, and individuals in selecting and calling up citizens for military service and performing their duty to participate in the People's Public Security Force

1. People's Committees at all levels, agencies, and organizations shall be responsible for implementing the selection and call-up of citizens for military service and performing their duty to participate in the People's Public Security Force in a democratic, fair, transparent manner, ensuring sufficient quantity, correct targets, standards, and timeframes as prescribed by law; ensuring that citizens called up for military service and performing their duty to participate in the People's Public Security Force are present at the designated time and location.

4. Receiving units shall be responsible for coordinating with People's Committees at all levels in implementing the selection and call-up of citizens for military service and performing their duty to participate in the People's Public Security Force.

Article 36. Military Service Council

1. People's Committees at all levels shall establish a Military Service Council to assist the same-level People's Committee in implementing laws on military service.

a) The Military Service Council at the provincial and district levels consists of:

The Chairman of the Military Service Council is the Chairman of the People's Committee at the provincial or district level;

The Vice-Chairman in charge of the Military Service Council is the Chief of the Military Command at the provincial or district level;

The Vice-Chairman of the Military Service Council is the Director of the Public Security Department at the provincial level or the Head of the Public Security Department at the district level;

Members of the Military Service Council are the heads of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam Farmers' Union, the Vietnam Veterans Association, and some specialized agencies under the People's Committee, decided by the Chairman of the same-level People's Committee;

b) The Military Service Council at the commune level consists of:

The Chairman of the Military Service Council is the Chairman of the People's Committee;

The Vice-Chairman in charge of the Military Service Council is the Chief of the Military District Command;

The Vice-Chairman of the Military Service Council is the Head of the Public Security Department;

Members of the Military Service Council are the heads of the Vietnam Fatherland Front, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam Veterans Association, Health Services; judicial and civil registry officials, finance and accounting officials, and other members decided by the Chairman of the People's Committee.

3. The Military Service Council operates based on collective principles; it is accountable to the same-level People's Committee for the implementation of military service in the locality; resolutions of the Council must be approved by more than half of the total number of members.

1. Assist the People's Committee at the provincial level in directing inspections and urging agencies and organizations to implement registration for military service and management of citizens within the age range for military service; preparing citizens for active service, plans for selecting and calling up citizens for military service and performing their duty to participate in the People's Public Security Force; training reserve non-commissioned officers and soldiers, and implementing policies for non-commissioned officers and soldiers in the area; guiding and directing the activities of the Military Service Council at the district level.

2. Assist the Chairman of the People's Committee at the provincial level in examining and resolving complaints and reports from citizens regarding the implementation of laws on military service.

1. Assist the People's Committee at the district level in carrying out tasks related to the selection of citizens for military service and participation in the People's Public Security Force; direct the People's Committee at the commune level to organize the implementation of laws on military service and guide the activities of the Military Service Council at the commune level.

2. Report to the People's Committee at the district level to decide on citizens called up for military service, temporarily exempted from being called up, exempted from military service, and exempted from participating in the People's Public Security Force.

3. Assist the People's Committee at the district level in organizing the handover of citizens called up for military service and participation in the People's Public Security Force to military units, maritime police, and public security forces; organize the reception of non-commissioned officers and soldiers discharged from military service.

4. Assist the People's Committee at the district level in inspecting and guiding relevant agencies and organizations in implementing policies supporting the military rear and managing citizens subject to military service in the locality.

5. Assist the Chairman of the People's Committee at the district level in examining and resolving complaints and reports regarding the implementation of laws on military service.

Article 39. Duties of the Military Service Council at the Commune Level

4. Assist the People's Committee at the commune level in inspecting and guiding relevant agencies and organizations in implementing policies supporting the military rear and managing citizens subject to military service in the locality.

5. Assist the Chairman of the People's Committee at the commune level in examining and resolving complaints and reports regarding the implementation of laws on military service.

1. The Chairman of the People's Committee at the district level decides to establish a Health Examination Board upon the proposal of the health department at the same level.

2. The Commander-in-Chief of the Military Command at the district level issues orders for health examination for citizens called up for military service; the Head of Public Security at the district level issues orders for health examination for citizens called up for participation in the People's Public Security Force. The health examination call-up order must be delivered to citizens 15 days before the examination date.

3. The Health Examination Board at the district level organizes health examinations for citizens called up for military service and participation in the People's Public Security Force; if necessary, decide on clinical laboratory tests, including drug and HIV testing; ensure accuracy and take responsibility for the results of the military service health examination.

4. The health examination period runs from November 1 to December 31 each year. The health examination period for citizens called up for second-time military service and participation in the People's Public Security Force as stipulated in Article 33 of this Law shall be determined by

5. The health classification results must be publicly posted at the People's Committee office at the commune level, agencies, and organizations within 20 days.

Section 2

TEMPORARY EXEMPTION FROM BEING CALLED UP FOR MILITARY SERVICE AND EXEMPTION FROM BEING CALLED UP FOR MILITARY SERVICE

Article 41. Suspension of call-up for military service and exemption from call-up for military service

1. Suspension of call-up for military service shall apply to 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 no longer capable of working or have not yet reached the age of labor, and whose family has suffered heavy losses in terms of personnel and property due to accidents, natural disasters, or dangerous epidemics, as confirmed by the People's Committee at the commune level;

c) A child of a war invalid or a person affected by Agent Orange with reduced work capacity from 61% to 80%;

d) Those having a brother, sister, or half-brother/half-sister who is a non-commissioned officer or soldier currently serving in the military; a non-commissioned officer or soldier performing their duty in the People's Public Security;

đ) Persons subject to relocation or population dispersal during the first three years to particularly difficult communes under national socio-economic development projects decided by the People's Committee at the provincial level or higher;

e) Cadres, civil servants, public officials, and volunteers assigned to work in areas with extremely difficult socio-economic conditions as stipulated by law;

2. Exemption from call-up for military service shall apply to the following citizens:

a) Children of martyrs, children of first-class wounded veterans;

b) A brother or a younger brother of a martyr;

c) A child of a second-class wounded veteran; a child of a war invalid with reduced work capacity of 81% or more; a child of a person affected by Agent Orange with reduced work capacity of 81% or more;

d) Personnel engaged in confidential work who are not members of the military or the People's Public Security;

đ) Cadres, civil servants, public officials, and volunteers assigned to work in areas with extremely difficult socio-economic conditions as stipulated by law for a period of 24 months or more;

3. Citizens subject to suspension of call-up for military service as provided for in Clause 1 of this Article, if they no longer have grounds for suspension, shall be called up for military service;

Citizens subject to suspension of call-up for military service or exemption from call-up for military service as provided for in Clauses 1 and 2 of this Article, if they volunteer, shall be considered for recruitment and call-up for military service;

4. Lists of citizens eligible for suspension of call-up for military service and exemption from call-up for military service must be publicly posted at the offices of the People's Committee at the commune level, agencies, and organizations within twenty days;

1. The Chairman of the People's Committee at the district level decides on suspension of call-up for military service and exemption from call-up for military service for citizens as stipulated in Article 41 of this Law;

2. The Commander-in-Chief of the Military Command at the district level decides on recognition of completion of military service for citizens as stipulated in Clause 4 of Article 4 of this Law;

Section 3

DISCHARGE FROM MILITARY SERVICE

Article 43. Conditions for discharge from military service

1. Non-commissioned officers and soldiers who have completed the term of service as prescribed in Clauses 1 and 2 of Article 21 of this Law shall be discharged from military service;

2. Non-commissioned officers and soldiers on active duty may be discharged before the end of their term when the Military Medical Board concludes that they are not fit for continued service, or in cases specified in points b and c of Clause 1; points a, b, and c of Clause 2 of Article 41 of this Law.

Article 44. Authority and responsibility for discharging from military service

1. The Minister of National Defense decides on annual discharge of non-commissioned officers and soldiers serving in the military.

Article 45. Responsibilities of non-commissioned officers and soldiers upon discharge

Non-commissioned officers and soldiers upon discharge; non-commissioned officers and soldiers completing their obligation to participate in the People's Public Security when returning to their place of residence or work or study within 15 working days must report to the military registration authority to register for reserve service.

Chapter V

ENLISTMENT BY CONSCRIPTION ORDER, DISCHARGEWHEN WAR EMERGENCY IS LIFTEDOR NATIONAL DEFENSE EMERGENCY

Article 46. Enlistment upon mobilization order

When there is a general mobilization order or partial mobilization order, enlistment shall be carried out according to the decision of the Prime Minister and the order of the Minister of National Defense.

Article 47. Responsibilities of agencies, organizations, and individuals in implementing the mobilization order

1. When there is a general mobilization order or partial mobilization order, the Minister of National Defense orders the suspension of discharge and leave for non-commissioned officers and soldiers; non-commissioned officers and soldiers on leave must return to their units.

3. Citizens called up for enlistment must be present at the time and place specified in the enlistment call-up order.

4. The People's Committee of the commune, agencies, and organizations have the responsibility to organize for citizens to strictly comply with the enlistment call-up order.

Article 48. Discharge upon lifting of war emergency or national defense emergency

1. When there is an order to lift the general mobilization order or partial mobilization order,

2. The authority and responsibility for handling discharge of non-commissioned officers and soldiers shall be implemented according to the provisions of Article 44 of this Law.

Chapter VI

REGIME, POLICY AND BUDGET GUARANTEE IN THE IMPLEMENTATION OF MILITARY SERVICE OBLIGATIONSPERFORMING MILITARY SERVICE OBLIGATIONS

Article 49. Regime and policy for citizens during military service registration, health examination and check-up

1. Citizens working at agencies and organizations during the period of military service registration, health examination, and check-up shall be paid full salary, travel expenses, and current allowances.

2. Citizens coming to register for military service, health examination, and check-up shall be guaranteed food and accommodation during the registration, examination, and check-up period, and travel expenses for going and returning.

3. The Government shall provide detailed regulations on this Article.

Article 50. Regime and policy for non-commissioned officers, soldiers serving in the military, discharged, and their relatives

1. For non-commissioned officers and soldiers during the period of service in the military:

a) Guaranteed timely supply of sufficient quantity and quality regarding food, clothing, medicine for prevention and treatment; guaranteed accommodation, monthly allowances, necessities, and cultural and spiritual needs appropriate to the nature of military tasks; guaranteed regime on holidays and festivals; guaranteed healthcare when injured, sick, or in accidents according to the law;

b) From the thirteenth month onwards, entitled to leave according to the regime; other cases of leave due to urgent reasons as prescribed by the Minister of National Defense;

c) From the twenty-fifth month onwards, entitled to an additional 250% of the current monthly rank allowance;

d) Counted as household members when the family is allocated or adjusted housing area, land for building houses, and agricultural land;

đ) Counted the time of service in the military towards the length of service;

e) Enjoyed preferential postal fees;

g) Those who achieve merit in combat, work, and training shall be rewarded according to the law;

h) In case of injury or illness while on duty, entitled to preferential benefits according to the law;

i) Guaranteed social insurance and health insurance regimes according to the Social Insurance Law and Health Insurance Law;

k) Temporarily suspended repayment and interest-free loans from the Policy Bank if they were poor households, students before enlistment according to the law;

l) Given priority in military recruitment.

2. For the relatives of non-commissioned officers and soldiers in service:

a) Biological father, biological mother; father-in-law, mother-in-law; adoptive parents; wife or husband; legitimate children, adopted children of non-commissioned officers and soldiers in service are entitled to health insurance according to the Health Insurance Law, and hardship allowances guaranteed by the state budget;

b) Legitimate children, adopted children of non-commissioned officers and soldiers in service are exempted or reduced school fees when studying at public or private educational institutions according to the law on exemption and reduction of school fees;

c) In case of death or natural death of non-commissioned officers and soldiers in service while on duty, the family is entitled to preferential benefits according to the law.

3. For non-commissioned officers and soldiers upon discharge:

a) Entitled to travel expenses, travel allowances, and discharge assistance;

b) If they were studying or had been called to study at vocational education institutions or universities before enlistment, their results will be preserved and they will be accepted back to those schools;

c) Entitled to job creation assistance;

d) If they were working at state agencies or political organizations before enlistment, those agencies and organizations must take responsibility to rehire them, arrange jobs, and ensure income not lower than before enlistment; in case those agencies and organizations have been dissolved, the higher-level agencies and organizations must take responsibility to arrange suitable jobs.

đ) Before being conscripted, if they were working at an economic organization, upon discharge, that organization must have the responsibility to rehire them, arrange employment, and ensure wages and salaries commensurate with their job positions and wages and salaries before being conscripted; in cases where the economic organization has ceased operations, been dissolved, or declared bankrupt, the treatment and policies for non-commissioned officers and soldiers upon discharge shall be implemented as for employees of such economic organizations according to the provisions of the law;

e) Be entitled to social insurance benefits in accordance with the provisions of the Social Insurance Law;

g) For non-commissioned officers and soldiers discharged in accordance with Clause 1 of Article 43 and Clause 1 of Article 48 of this Law, when returning to their place of origin, they shall be given priority in arranging employment and receiving bonus points in recruitment and hiring of civil servants and public officials; during the probationary period, they shall enjoy 100% of the salary and allowances corresponding to the rank recruited based on their level of training;

4. The Government shall provide detailed regulations on this matter.

Article 51. Treatment and Policies for Non-Commissioned Officers and Soldiers in Reserve

During concentrated training, exercises, readiness inspections, and combat readiness periods, non-commissioned officers and soldiers in reserve status and their families shall enjoy treatment and policies according to the regulations of the Government;

In cases of injury, illness, or death while performing duties, the individual and their family shall enjoy preferential treatment according to the provisions of the law;

Article 52. Responsibilities of Agencies and Organizations in Implementing Treatment and Policies for Families of Non-Commissioned Officers and Soldiers

People's Committees at all levels, agencies, and organizations within their functions and authorities shall be responsible for implementing treatment and policies for families of non-commissioned officers and soldiers on active duty and non-commissioned officers and soldiers in reserve;

Article 53. Budget Ensuring the Fulfillment of Military Service Obligations

1. The central budget shall ensure funding for the fulfillment of military service obligations of ministries, central agencies;

2. Local budgets shall ensure funding for the fulfillment of military service obligations of local agencies, organizations, and units;

3. Funding for the fulfillment of military service obligations of enterprises and other organizations shall be self-funded by those enterprises and organizations;

4. The Government shall provide detailed regulations on this matter.

Chapter VII

DUTIES AND LIMITS OF AGENCIES AND ORGANIZATIONS

Article 54. State Management Agency for Military Service Obligations

1. The Government shall uniformly manage state affairs regarding military service obligations throughout the country;

2. The Ministry of National Defense shall be responsible for assisting the Government in managing state affairs regarding military service obligations;

3. Ministries and agencies equivalent to ministries shall cooperate with the Ministry of National Defense in managing state affairs regarding military service obligations within their authority;

Article 55. Duties and Authorities of the Ministry of National Defense

1. Issuing or submitting to competent authorities for issuance normative legal documents on military service obligations;

2. Organizing the implementation of normative legal documents on fulfilling military service obligations;

3. Coordinating propaganda, dissemination, and legal education on military service obligations;

4. Inspecting, auditing, rewarding, and handling violations; resolving complaints and denunciations regarding military service obligations according to the provisions of the law;

5. Summarizing the implementation of laws on military service obligations;

Article 56. Duties and Authorities of Ministries and Agencies Equivalent to Ministries

1. The Ministry of Public Security shall direct public security agencies at all localities to coordinate with military agencies at the same level to organize the implementation of laws on military service obligations;

6. Ministries, agencies equivalent to ministries, and organizations within their tasks and authorities shall be responsible for coordinating with the Ministry of National Defense to implement legal provisions on military service obligations.

Article 57. Responsibilities of the Vietnam Fatherland Front and its member organizations

Within their tasks and powers, the Vietnam Fatherland Front and its member organizations shall be responsible for supervising the implementation of laws on military service obligations by agencies, organizations, and individuals.

Article 58. Tasks and Powers of People's Committees at all levels

1. Directing and organizing the implementation of laws on military service obligations in localities.

2. Organizing the registration and management of citizens within the age range for performing military service obligations.

3. Being responsible for the quantity and quality of citizens enlisting for military service, participating in the People's Public Security Force, and serving in the reserve ranks of the People's Army.

4. Within their tasks and powers, inspecting agencies, organizations, and individuals in implementing laws on military service obligations in localities.

Chapter VIII

HANDLING VIOLATIONS

Article 59. Handling Violations

1. Organizations and individuals who evade, resist, or obstruct the performance of military service obligations shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

2. Non-commissioned officers and soldiers on active duty, non-commissioned officers and soldiers in reserve during concentrated training, exercises, readiness checks for mobilization, and combat readiness who violate discipline or laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if they cause damage, they must compensate according to the provisions of the law.

Article 60. Forms of Disciplinary Action Against Non-Commissioned Officers and Soldiers

1. Forms of disciplinary action against non-commissioned officers and soldiers:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

d) Reduction in rank;

e) Stripping of military personnel title.

2. The Minister of National Defense shall stipulate the application of disciplinary forms, time limits, procedures, and authority for disciplinary actions against non-commissioned officers and soldiers.

Chapter IX

IMPLEMENTING PROVISIONS

Article 61. Effective Date

1. This Law shall take effect from January 1, 2016.

2. The Military Service Obligation Law dated December 30, 1981; the Law Amending and Supplementing Certain Articles of the Military Service Obligation Law dated December 21, 1990; the Law Amending and Supplementing Certain Articles of the Military Service Obligation Law dated June 22, 1994, and the Law Amending and Supplementing Certain Articles of the Military Service Obligation Law No. 43/2005/QH11 dated June 14, 2005 shall cease to be effective from the date this Law takes effect.

Article 62. Detailed Provisions

The Government and ministries shall provide detailed regulations to implement the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 9th session, on June 19, 2015./.