Decree No. 83/2001/ND-CP on Military Service Registration.

DECREE OF THE GOVERNMENT

Regarding Military Service Registration

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

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;

Pursuant to the Ordinance on Reserve Forces dated August 27, 1996;

At the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the subjects, procedures, and sequence for military service registration; the system and policies for those who register for military service; and the responsibilities of agencies and organizations in the process of military service registration.

Article 2. Military service registration is the act of declaring personal history and other necessary elements as prescribed by law by individuals within the age range required for military service registration, for local military authorities to manage and implement legal provisions regarding military service for individuals within the age range required to perform military service.

Article 3. Military service registration must be conducted accurately according to the subjects, systems, policies, procedures, and sequences so that local military authorities can firmly grasp the quantity, quality, and changes in the situation of individuals ready for conscription and reserve personnel, serving the purpose of calling up citizens for conscription and building reserve forces.

Article 4. Male citizens within the age range required for performing military service; and women with expertise needed by the military must register for military service.

Reserve officers shall register for military service in accordance with the provisions of the Law on Officers of the Vietnam People's Army 1999.

Article 5. Military service registration shall be carried out at the place of residence of citizens by the People's Militia Board of communes, wards, towns (hereinafter referred to collectively as commune level) and the People's Militia Board of districts, counties, towns, cities under provinces (hereinafter referred to collectively as district level), which are responsible for implementation.

The place of residence of citizens as provided for in this Decree shall be implemented in accordance with Clause 1 of Article 48 of the Civil Code 1995.

Article 6. Agencies, organizations, and individuals with authority within their functional, duty, and power scope have the responsibility to mobilize, educate, urge, and create conditions for citizens to fully comply with legal provisions on military service registration.

Chapter II

Subjects of Military Service Registration

Article 7. The following persons, except those specified in Articles 8 and 9 of this Decree, must register for military service:

1. Male citizens from 17 years old to 45 years old.

2. Women from 18 years old to 40 years old with expertise needed for the military. The list of professions for women to serve the military is decided by the Prime Minister.

Article 8. The following persons are not eligible for military service registration:

1. Persons currently deprived by the Court of the right to serve in the people's armed forces.

2. Persons currently being pursued for criminal responsibility; persons sentenced to imprisonment or corrective labor without confinement.

When the period specified in Clauses 1 and 2 of this Article expires, they must register for military service.

Article 9. The following persons are exempted from military service registration:

1. National defense civil servants and national defense workers currently serving in agencies and units of the Vietnam People's Army.

2. Persons currently serving in agencies and units of the Public Security Force.

3. Disabled persons, persons suffering from mental illness or chronic diseases as listed by the Minister of Health and the Minister of National Defense.

Article 10. Those who have registered for military service are classified as follows:

1. Citizens ready for conscription.

2. Reserve soldiers of Class 1 and Class 2.

Article 11. Citizens who have registered for military service and are classified as ready for conscription include:

1. Male citizens from 17 years old to 27 years old who have not served in the people's armed forces.

2. Women with expertise needed for the military.

Article 12. Citizens who have registered for military service and are classified as reserve soldiers of Class 1 include:

1. Non-commissioned officers and soldiers discharged after completing their service term or exceeding the limit.

2. Non-commissioned officers and soldiers discharged before their term but having served for at least one year.

3. Non-commissioned officers and soldiers discharged after combat experience.

4. Discharged professional soldiers.

5. National defense civil servants and national defense workers (non-commissioned officers and soldiers who have completed their service term and transferred to the status of national defense civil servants and workers) who have been granted retirement benefits.

6. Reserve soldiers of Class 2 who have completed the regular training program as prescribed by the Law on Military Service.

Article 13. Citizens who have registered for military service and are classified as reserve soldiers of Class 2 include:

1. Non-commissioned officers and soldiers discharged before their term with less than one year of service.

2. Male citizens who have served in public security agencies and units; male national defense civil servants and workers who have served in the army.

3. Male citizens over 27 years old who have not served in the military.

4. Women from 18 years old to 40 years old with expertise needed for the military as specified in Clause 2 of Article 7 of this Decree.

Article 14. Based on age, reserve soldiers in each class are divided into two groups:

1. Group A includes reserve soldiers: Men up to 35 years old; women up to 30 years old.

2. Group B includes reserve soldiers: Men from 36 years old to 45 years old; women from 31 years old to 40 years old.

Chapter III

PROCEDURES AND REQUIREMENTS FOR MILITARY SERVICE REGISTRATION

Section 1. Initial military service registration

Article 15. Within ten days of the first month of each year, the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the commune level must report to the People's Militia Board at the district level the list of male citizens reaching 17 years old in that year, citizens within the age range required for military service who have not yet registered for military service, and citizens exempted from military service registration as specified in Article 9 of this Decree.

Article 16. Within ten days of the first month of each year, the Principals of vocational schools, secondary specialized schools, colleges, universities; heads of other grassroots agencies and organizations must report to the People's Militia Board at the district level where their agencies are located the list of citizens within the registration range who have not yet registered initially.

Article 17. Each year in April, upon the call of the Commander of the Military Command Board at the district level, male citizens who have reached the age of 17 during that year and those within the military service age range who have not yet registered must report to the Military Command Board at their place of residence to present their identity cards, fill out personal information forms for initial registration in the citizen readiness book for conscription.

Article 18. The Military Command Board at the district level shall be responsible for:

1. Issuing a certificate of military service registration to those ready for conscription.

2. Establishing a military service record for those ready for conscription who meet the conditions for being called up for conscription.

3. Handing over the military service record to the unit receiving recruits when the citizen is called up for active duty.

Section 2. Registration into reserve ranks and promotion of reserve military personnel

Article 19.

1. Professional soldiers, non-commissioned officers, privates, defense civil servants, defense workers under the People's Army; police workers, specialized non-commissioned officers, police cadets under the People's Public Security who are due to be discharged from service or retired must register into reserve ranks.

2. Within fifteen days from the date of discharge or retirement, the person being discharged or retiring must bring their discharge or retirement documents to the Military Command Board at their place of residence to register into reserve ranks.

3. The Military Command Board at the district level shall handle the registration procedures and issue a certificate of reserve military personnel registration for those persons specified in Clause 1 of this Article.

Article 20.

1. Upon the call of the Commander of the Military Command Board at the district level, those persons specified in Clauses 3 and 4 of Article 13 of this Decree must report to the Military Command Board at their place of residence to register into reserve ranks.

2. When registering, male citizens must present the certificate of military service registration; if they have been trained at vocational schools, secondary technical schools, colleges, and universities, they must also present their graduation certificates; female citizens must present their professional graduation certificates.

3. The Military Command Board at the district level shall handle the registration procedures and issue a certificate of reserve military personnel registration for those persons specified in Clause 1 of this Article.

Article 21. The promotion of reserve military personnel from Rank 2 to Rank 1 shall be carried out in accordance with the provisions of the Law on Military Service and the guidance of the Minister of National Defense.

Section 3. Supplementary Registration

Article 22. Within ten days from the time there is a change in name, address of residence within the commune where currently residing, workplace address, educational institution address, job position, or education level, those ready for conscription or reserve military personnel must report to the Military Command Board at their current commune of residence to make supplementary registrations.

Article 23. Six times a year, during the periods from July 1 to July 10 and January 1 to January 10 each year, the Military Command Board at the commune shall report to the Military Command Board at the district level about changes in registration according to Article 22 of this Decree.

Section 4. Registration of Relocation and Absence

Article 24.

1. Those ready for conscription or reserve military personnel, before relocating their place of residence from one commune to another within the same district, must report to the Military Command Board at their current commune of residence to present documents regarding the change of residence to remove their names from the military service registration book.

2. Within ten days from the date of arrival at the new place of residence, those ready for conscription or reserve military personnel must report to the Military Command Board at the new commune to present documents regarding the change of residence and the certificate of military service registration to register in the new military service registration book.

3. The Military Command Board at the commune where those ready for conscription or reserve military personnel are moving from or to must report to the Military Command Board at the district level about the changes as stipulated in Clauses 1 and 2 of this Article during the time periods specified in Article 23 of this Decree.

Article 25.

1. Those ready for conscription or reserve military personnel, before relocating their place of residence from one district to another, must report to the Military Command Board at their current commune and district to present documents regarding the change of residence, request an introduction letter for relocation registration. When moving to the new place of residence, within ten days, they must report to the Military Command Board at the new district and commune to complete the registration process.

2. Those ready for conscription or reserve military personnel, when called to study at vocational schools, secondary technical schools, colleges, or universities, must report to the Military Command Board at the district level to transfer the certificate of military service registration to the school for management and report to the Military Command Board at the district level where the school is located.

Within three months after graduation, those ready for conscription or reserve military personnel must transfer the certificate of military service registration to their new place of residence.

Article 26. Reserve military personnel who have been assigned to reserve mobilization units and are absent from their place of residence for ten days or more must report to the Military Command Board at their commune. Monthly, the Military Command Board at the commune must report to the Military Command Board at the district level the number of reserve military personnel currently absent from their place of residence.

Article 27. Those ready for conscription or reserve military personnel who are sent abroad by agencies or organizations for work purposes shall have their absence registration and re-registration carried out as follows:

1. If the period of assignment abroad is one year or longer, then no later than ten days from the date the person leaves the country, the agency or organization where the person works must send a representative to the Military Command Board at the district level to register long-term absence and submit the certificate of military service registration of those ready for conscription or reserve military personnel. Within ten days from the date the person returns to their workplace, the agency or organization where the person works must send a representative to the Military Command Board at the district level to re-register.

2. If the period of assignment abroad is from three months to less than one year, those ready for conscription or reserve military personnel must return their certificate of military service registration to the agency or organization where they work. The agency or organization where the person works is responsible for reporting to the Military Command Board at the district level within ten days from the date the person leaves the country or returns.

Article 28. Those ready for conscription or reserve military personnel who are permitted to go abroad for personal reasons shall have their absence registration and re-registration carried out as follows:

1. If the period abroad is one year or more, the person ready for enlistment or reserve soldier must go to the Military Command Board of the district where they reside to present the permit to travel abroad papers, register for long-term absence, and return the military service registration certificate. Within ten days from the date of returning to the country, the person ready for enlistment or reserve soldier must go to the Military Command Board of the district to re-register.

2. If the period abroad is from three months to less than one year, the person ready for enlistment or reserve soldier must return the military service registration form at the Military Command Board of the commune where they reside or the organization where they work. The Military Command Board of the commune or the organization where they work has the responsibility to report temporary absence registration or re-registration with the Military Command Board of the district within ten days from the date they leave the country or return to the country from abroad.

Section 5. Registration for those exempted from call-up during wartime

Article 29. A person who has registered for military service and falls under the category exempted from call-up during wartime according to the Law on Military Service shall be removed from the military service registration list for separate management. Within ten days from the date the person receives the decision appointing them to a position exempted from call-up during wartime, the organization where they work shall send a representative with the appointment decision and their military service registration certificate to the Military Command Board of the district to process the removal from the military service registration list.

Article 30. A person who has been removed from the military service registration list as stipulated in Article 29 of this Decree, if they no longer hold a position exempted from call-up during wartime but still fall under the category of military service registration, must re-register. Within ten days from the date they cease holding a position exempted from call-up during wartime, the organization where they work shall send a representative to the Military Command Board of the district to process the re-registration for them.

Article 31. Management of persons exempted from call-up during wartime shall be regulated by the Minister of National Defense.

Section 6. Subjects Exempted from Military Service Registration

Article 32. Those exempted from military service registration include:

1. Persons who have registered for military service and died, become disabled, suffer from mental illness, or chronic diseases as prescribed in Clause 3, Article 9 of this Decree.

2. Persons who have reached the age limit for serving in the reserve officer rank.

Article 33. Annually, the Military Command Board of the district decides to remove from the military service registration list those persons falling under the provisions of Article 32 of this Decree.

Chapter IV

REGIME, POLICY AND BUDGET TO ENSURE MILITARY SERVICE REGISTRATION

Article 34. Persons ready for enlistment and reserve soldiers during the time of registering for military service or undergoing health examination shall enjoy the following benefits:

1. If they are civil servants, employees, or workers receiving salary from the state budget, their workplace shall pay them their full salary and other allowances (if applicable), travel expenses, and travel allowance according to current regulations.

2. Other subjects shall be provided with travel expenses for going and coming back, food, and accommodation expenses during the waiting period for registration or health examination according to current regulations by the Military Command Board of the district.

Article 35. The funds for military service registration shall be guaranteed by the local budget, including the following items:

1. Printing books, forms related to military service registration.

2. Organizing military service registration at the district and commune levels.

3. Other tasks related to military service registration.

Chapter V

TASKS AND LIMITATIONS OF ORGANIZATIONS IN MILITARY SERVICE REGISTRATION

IN THE MATTER OF MILITARY SERVICE REGISTRATION

Article 36. The Minister of National Defense shall direct military service registration nationwide; prescribe reporting systems, inspection systems for military service registration for military agencies at all levels and units under their jurisdiction; prescribe living conditions for persons ready for enlistment and reserve soldiers; prescribe a system of forms, books for registration and management of persons ready for enlistment and reserve soldiers.

Article 37. Local People's Committees at all levels shall be responsible for directing military agencies at the same level to implement military service registration, manage persons ready for enlistment and reserve soldiers in accordance with this Decree and the regulations of the Minister of National Defense.

Article 38.

1. The Commander of the Military Region, the Chief of the Provincial Military Command Board, and the Chief of the Municipal Military Command Board directly under the Central Government shall be responsible for directing subordinate military agencies to carry out military service registration.

2. The Chief of the District Military Command Board and the Chief of the Commune Military Command Board shall be responsible for organizing military service registration directly.

Article 39. Public security agencies at all levels within their duties and powers shall be responsible for:

1. Temporarily holding the military service registration certificate when the person ready for enlistment or reserve soldier is detained or imprisoned.

2. Notifying the Military Command Board of the district where the person ready for enlistment or reserve soldier resides about their detention, imprisonment, or release within fifteen days from the date of their detention, imprisonment, or release.

3. Notifying the Military Command Board of the district about the issuance of a residence transfer certificate, registration of residence, or issuance of a temporary residence registration certificate for the person ready for enlistment or reserve soldier, to monitor and manage military service registration.

4. Inspecting the absence registration of the person ready for enlistment or reserve soldier when they are permitted to travel abroad within the authority to issue passports of the Ministry of Public Security.

5. Cooperating with local military agencies and relevant agencies to inspect and handle violations of military service registration regulations.

Article 40. Diplomatic agencies shall be responsible for inspecting the absence registration of the person ready for enlistment or reserve soldier when they are sent abroad within the authority to issue passports of the Ministry of Foreign Affairs.

Article 41. The district-level health agency shall be responsible for conducting health examinations for reserve soldiers and physical examinations for persons ready for enlistment according to the plan of the local military agency at the same level.

Article 42. The competent judicial authority as prescribed by law shall be responsible for notifying the Military Recruitment Board at the district level about any change in the name or death of a person eligible for military service or a reservist within ten days from the date of the name change or death.

Article 43. Upon receiving the court record from the Court regarding a person eligible for military service or a reservist being deprived of the right to serve in the People's Armed Forces, or being sentenced to imprisonment or suspended sentence without detention, the Military Recruitment Board at the district level shall include such person in the category not eligible for military registration in accordance with Article 8 of this Decree.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 44. Organizations and individuals who have achievements in military service registration shall be rewarded in accordance with current laws.

Article 45. Organizations and individuals who violate the provisions on military service registration shall be subject to handling according to the nature and degree of violation as stipulated by law.

Article 46. Complaints and denunciations, as well as the resolution of complaints and denunciations concerning violations of the provisions on military service registration, shall be carried out in accordance with the law on complaints and denunciations.

Chapter VII

IMPLEMENTING PROVISIONS

Article 47. This Decree shall take effect fifteen days from the date of signature and shall replace Decree No. 48/HĐBT dated May 16, 1983 issued by the Council of Ministers (now the Government) promulgating the Regulations on Military Service Registration. All other provisions contrary to this Decree shall be abolished.

Article 48. The Minister of National Defense shall be responsible for guiding the implementation of this Decree.

Article 49. Ministers, The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree./.