Still have to do military service despite failing classes

I asked for a certificate from the school that I was still studying, but the local authorities did not accept it, because I had finished the course and still had to pay the outstanding subjects.

Following the medical examination order, I went for a medical examination and passed the military service. So I would like to ask if I can postpone military service to complete my studies?

Pursuant to Article 41 of the Law on Military Service 2015 and Article 5 of Circular 148/2018/TT-BQP dated October 4, 2018 regulating postponement of military service and exemption from military service:

“1. Military service is deferred for the following citizens:

a) Not healthy enough to serve in the army according to the conclusion of the Health Examination Council.

b) Being the sole worker who must directly support relatives who are no longer able to work or have not reached working age; in a family that has suffered serious damage to people and property due to accidents, natural disasters, or dangerous epidemics as confirmed by the People's Committee of the commune, ward, or town (hereinafter referred to as the commune level).

c) A child of a war invalid or a person infected with Agent Orange whose working capacity is reduced from 61% to 80%.

d) Having a brother, sister or sibling who is a non-commissioned officer or soldier serving in the army; a non-commissioned officer or soldier performing duty in the People's Public Security.

d) People who are subject to migration or resettlement in the first 3 years to extremely disadvantaged communes under the State's socio-economic development project decided by the People's Committee of the provincial level or higher.

e) Cadres, civil servants, public employees, and youth volunteers mobilized to work in areas with particularly difficult socio-economic conditions according to the provisions of law.

g) Currently studying at a general education institution; currently receiving full-time university training at a university, full-time college training at a vocational education institution during a training course of a training level.

2. The following citizens are exempt from military service:

a) Children of martyrs, children of first-class disabled soldiers.

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

c) One child of a second-class disabled veteran; one child of a sick soldier with a reduced working capacity of 81% or more; one child of a person infected with Agent Orange with a reduced working capacity of 81% or more.

d) People doing key work are not soldiers or People's Police.

d) Cadres, civil servants, public employees, and youth volunteers mobilized to work in areas with especially difficult socio-economic conditions as prescribed by law for 24 months or more.

3. Citizens subject to temporary deferment from military service as prescribed in Clause 1 of this Article, if there is no longer a reason for deferment, will be called up for military service.

Citizens who are eligible for temporary deferment or exemption from military service as prescribed in Clause 1 and Clause 2 of this Article, if they volunteer, will be considered for selection and military service.

4. The list of citizens eligible for temporary deferment and exemption from military service must be publicly posted at the headquarters of the People's Committee at the commune level, agencies and organizations within 20 days from the date the Chairman of the People's Committee at the district level signs the Decision.

Nghe An youths leave for military service. Photo: Archive

Thus, your case is not subject to temporary deferment and exemption from military service because you have completed the course according to regulations. The duration of a concentrated training course is calculated from the date the school specifies attendance according to the admission notice until the completion of the course. A course is only conducted at one training level, in the case of continuous training, it must be continuous without interruption.

Therefore, in your case, you have a debt, so the course will be extended until you pay off all the debt. The case of a debt will extend the time to finish your course, which is not included in the regulations for deferring military service. Therefore, when the call for military service is received and you have been selected for military service, you will have to serve as usual. You will not be deferred in this case.