| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 83/2001/ND-CP | Hanoi, November 09, 2001 |
ON MILITARY SERVICE REGISTRATION
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the December 30,1981 Law on Military Services; the December 21, 1990 Law Amending and Supplementing a Number of Articles of the Law on Military Services; the June 22, 1994 Law Amending and Supplementing a Number of Articles of the Law on Military Services;
Pursuant to the August 27, 1996 Ordinance on the Reserve Forces;
At the proposal of the Minister of Defense,
DECREES:
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The reserve officers shall make military service registration according to the 1999 Law on Officers of Vietnam People’s Army.
Article 5.- Military service registration shall be carried out at citizens� places of residence by the Military Commands of communes, wards or district towns (hereinafter referred collectively to the commune level) and the Military Commands of the rural districts, urban districts, provincial towns or cities (hereinafter referred collectively to as the district level).
The citizens’ places of residence prescribed in this Decree shall comply with the provisions of Clause 1, Article 48 of the 1995 Civil Code.
MILITARY SERVICE REGISTRATION SUBJECTS
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2. Women aged between full 18 and full 40 having professional skills in necessary service of the army. The list of professional branches and trades undertaken by women and in necessary service of the army shall be decided by the Prime Minister
Article 8.- The following persons shall not be subject to military service registration yet:
1. Persons being deprived of the right to service in the people�s armed forces by courts.
2. Persons being examined for penal liability; persons sentenced to imprisonment or non-custodial reform.
Upon the expiration of the time limits prescribed in Clauses 1 and 2 of this Article, such people must make the military service registration.
Article 9.- The following persons are exempt from military service registration:
1. Defense employees and workers who are working in the agencies and units of Vietnam People’s Army.
2. Persons who are working in the agencies and units of the People’s Police.
3. The disabled persons, people suffering mental diseases or other chronic ailments according to the list of illnesses prescribed by the Health Minister and the Defense Minister.
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1. Persons ready for enlistment.
2. Class-one reserve armymen and class-two reserve armymen.
1. Male citizens aged between full 17 and full 27, who have not yet been in active service in the people’s armed forces.
2. Women with professional skills needed for the army.
1. Demobilized non-commissioned officers and men, who had served the army for full or beyond the prescribed duration.
2. Non-commissioned officers and men who were demobilized ahead of time but had been in active service in the army for one year or more.
3. Demobilized non-commissioned officers and men who had been engaged in combat.
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5. Defense employees, defense workers (being non-commissioned officers, men who had been in active service in the army and transferred to be defense employees, defense workers) having enjoyed the severance regime.
6. Class-two reserve armymen who have gone through the regular training program with the total length of training time as prescribed by the Law on Military Services.
1. Non-commissioned officers and men who were demobilized ahead of time and had been in active service in the army for less than one year.
2. Male citizens who already worked in agencies and/or units or the people’s police; defense male employees and defense male workers who already served the people’s army.
3. Male citizens aged full 27 but not yet joined the army.
4. Women aged between full 18 and full 40, who have professional skills needed for the army as provided for in Clause 2, Article 7 of this Decree.
1. Group A includes the following reserve armymen: Men aged up to full 35; women aged up to full 30.
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MILITARY SERVICE REGISTRATION ORDER AND PROCEDURES
Section 1.- FIRST-TIME MILITARY SERVICE REGISTRATION
Article 15.- Within the first ten days of January every year, the commune-level People�s Committee presidents must report to the district-level Military Commands the list of male citizens aged full 17 in that year, citizens in the military service age bracket having not yet made the military service registration and citizens exempt from military service registration as provided for in Article 9 of this Decree.
Article 17.- In April every year, upon the call-up orders of the chiefs of the district-level Military Commands, male citizens aged full 17 in the year and persons in the military service age bracket, who have not yet made the military service registration, must go to the district-level Military Commands at their residence places to produce their people�s identity cards, declare their curricula vitae for the first-time registration into the registers of citizens ready for enlistment.
Article 18.- The district-level Military Commands have the responsibility to:
1. Grant the military service registration certificates to persons who are ready to join the army.
2. Compile the military service records for persons who are fully qualified for the call-up into the army.
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Section 2. RESERVE ARMYMEN RANK REGISTRATION AND PROMOTION
2. Within fifteen days after the date of their demobilization or job severence, such people must bring the dossiers and papers on their demobilization or job severance to the district-level Military Commands at the places of their residence for registration into the reserve rank.
3. The district-level Military Commands shall carry out the registration procedures and grant military service registration certificates to the persons defined in Clause 1 of this Article.
2. Upon the registration, the male citizens shall produce their military service registration certificates and graduation diplomas if their have been trained at vocational training schools, vocational intermediate schools, colleges or universities; and women produce their professional graduation diplomas.
3. The district-level Military Commands carry out the registration procedures and grant the reserve armymen registration certificates to persons defined in Clause 1 of this Article.
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Section 3. ADDITIONAL REGISTRATION
Section 4. RELOCATION REGISTRATION AND ABSENCE REGISTRATION
2. Within ten days after moving to their new residence places, the persons prepared to join the army or reserve armymen must go to the commune-level Military Commands to produce papers on the change of their in residence places and the military service registration certificates for recording into the military service registers.
3. The commune-level Military Commands at the places where the persons prepared to join the army or the reserve armymen move from or move into must report to the district-level Military Commands on the changes defined in Clauses 1 and 2 of this Article at the time prescribed in Article 23 of this Decree.
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2. Persons ready for enlistment or reserve armymen, when being called up for study in vocational training schools, vocational intermediate schools, colleges or universities, must go to the district-level Military Commands to get the transfer of their military service registration certificates to such schools for the schools to manage and report to the district-level Military Commands at the places where the schools are headquartered.
Within three months after their graduation, the persons ready to join the army or the reserve armymen must transfer their military service registration certificates to new residence places.
1. If the overseas working trips last for one year or more, within ten days as from the date of such persons departure, the agencies or organizations where such persons work must send their representatives to the district-level Military Commands for long-term absence registration and submission of the military service registration certificates of the persons ready for enlistment or reserve armymen. Within ten days as from the date such persons return to their working places, the agencies or organizations where they work shall send representatives to the district-level Military Commands for re-registration.
2. If the duration for which they are sent abroad lasts between three months and under one year, the persons ready for enlistment or the reserve armymen shall leave their military service registration certificates at their working agencies or organizations. The agencies or organizations where such persons work have the responsibility to report to the district-level Military Commands within ten days as from the date such person leave or return to the country.
1. If they go abroad for one year or more, the to be-enlisted persons or reserve armymen must go to the district-level Military Commands at their residence places to produce papers permitting their travels abroad, to register their long-term absence and entrust their military service registration certificates. Within ten days as from the date they return home, the to be-enlisted persons or reserve armymen must go to the district-level Military Commands for re-registration.
2. If they go abroad for between three months and under one year, the to be-enlisted persons or reserve armymen must deposit their military service registration certificates at the commune-level Military Commands at their residence places or their working agencies or organizations. The commune-level Military Commands or the agencies or organizations where they work have the responsibility to report on the absence registration or re-registration to the district-level Military Commands within ten days as from the date such persons go abroad or return home.
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Section 6. SUBJECTS EXCLUDED FROM MILITARY SERVICE REGISTRATION
Article 32.- The persons entitled to the exclusion from military service registration shall include:
1. The persons who have already made the military service registration but die or get crippled, suffer from mental diseases or other chronic ailments defined in Clause 3, Article 9 of this Decree.
2. Persons who are no longer in the age group for service in the reserve armymen rank.
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1. If being officials, employees and workers enjoying salaries and wages from the State budget, they shall be fully paid with their wages and other allowances (if any), travel fares and trip allowances by their establishments where they work according to the current regimes.
2. Other subjects shall be provided with travel fares, expenses for meals and accommodation during the time they wait for the registration and health checks according to the current regimes.
1. Expense for printing of books, forms and tables for military service registration.
2. Expense for organizing the military service registration at district and commune levels.
3. Expenses for other activities related to military service registration.
TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN MILITARY SERVICE REGISTRATION
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2. The chiefs of the district-level Military Commands and the chiefs of the commune-level Military Commands have the responsibility to directly organize the military service registration.
1. Temporarily hold the military service registration certificates when the to be-enlisted persons or reserve armymen are being put in custody or temporarily detained.
2. Notify the district-level Military Commands in the localities where the to be-enlisted persons or reserve armymen are residing of their custody, detention or release within ten days after their custody, detention or release.
3. Notify the district-level Military Commands of the fact that the to be-enlisted persons or reserve armymen have been granted the permanent residence registration transfer, permanent residence registration papers or the definite temporary residence registration papers for monitoring and managing the military service registration.
4. Check the absence of to be-enlisted persons or reserve armymen when they are allowed to travel abroad with their passports granted by the Ministry of Public Security according to its competence.
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Article 42.- The justice bodies with law-prescribed competence have the responsibility to inform the district-level Military Commands of the to be-enlisted persons� or reserve armymen�s name changes or death within ten days after they have changed their names or died.
Article 43.- The district-level Military Commands, upon receiving the extracts of courts� judgments that the to be-enlisted persons or reserve armymen have been striped off the right to service in the people�s armed forces, sentenced to jail or non-custodial reform, shall put them into the category of being not yet entitled to military service registration as provided for in Article 8 of this Decree.
COMMENDATION AND HANDLING OF VIOLATIONS
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
File gốc của Decree no. 83/2001/ND-CP of November 09, 2001 on military service registration đang được cập nhật.
Decree no. 83/2001/ND-CP of November 09, 2001 on military service registration
Tóm tắt
| Cơ quan ban hành | Chính phủ |
| Số hiệu | 83/2001/ND-CP |
| Loại văn bản | Nghị định |
| Người ký | Phan Văn Khải |
| Ngày ban hành | 2001-11-09 |
| Ngày hiệu lực | 2001-11-24 |
| Lĩnh vực | Bộ máy hành chính |
| Tình trạng | Hết hiệu lực |