Failing a subject doesn't mean you have to do military service.
A young man of conscription age said: "I am currently a student at a university, in the 2014-2018 academic year. Due to failing courses, I haven't been able to graduate yet. Locally, my family received a notice for military service examination."
I requested a certificate from the school stating that I am still enrolled, but the local authorities refused to accept it, saying that since I have completed my course, any outstanding subjects are my responsibility.
Following the medical examination order, I underwent the examination and was selected for military service. Therefore, I would like to ask if I can postpone my military service to complete my studies?
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Based on Article 41 of the 2015 Military Service Law and Article 5 of Circular 148/2018/TT-BQP dated October 4, 2018, regulating temporary postponement and exemption from military conscription:
“1. The following citizens are granted a temporary deferment from military conscription:
a) Not fit for military service according to the conclusion of the Medical Examination Board.
b) Being the sole breadwinner directly supporting dependents who are unable to work or are not yet of working age; or in a family that has suffered heavy losses of life 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 exposed to Agent Orange with a reduced working capacity of 61% to 80%.
d) Having a sibling who is a non-commissioned officer or soldier currently serving in the military; or a non-commissioned officer or soldier performing compulsory service in the People's Public Security Force.
d) Persons subject to relocation or resettlement within the first three years to particularly disadvantaged communes under the State's socio-economic development project decided by the People's Committee at the provincial level or higher.
e) Officials, civil servants, public employees, and volunteer youth who are assigned to work in areas with particularly difficult socio-economic conditions as prescribed by law.
g) Currently studying at a general education institution; currently undergoing full-time undergraduate training at a higher education institution, or full-time college-level training at a vocational education institution for the duration of one training course of a particular educational level.
2. The following citizens are exempt from military conscription:
a) Children of martyrs, children of first-class wounded soldiers.
b) A brother or younger sibling of a fallen soldier.
c) One child of a second-class war invalid; one child of a war invalid with a disability rating of 81% or higher; one child of a person exposed to Agent Orange with a disability rating of 81% or higher.
d) Personnel working in cryptography who are not military personnel or members of the People's Public Security Force.
d) Officials, civil servants, public employees, and volunteer youth who are assigned to work in areas with particularly difficult socio-economic conditions as prescribed by law for 24 months or more.
3. Citizens who are subject to temporary deferment of military service as stipulated in Clause 1 of this Article, if the reason for deferment no longer exists, shall be called up for military service.
Citizens who are eligible for temporary deferment or exemption from military service as stipulated in Clauses 1 and 2 of this Article, if they volunteer, will be considered for selection and conscription.
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 for a period of 20 days from the date the Chairman of the People's Committee at the district level signs the Decision.”
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| Young men from Nghe An province heading off to join the army. (Archival photo) |
Therefore, your case does not fall under the category of temporary deferment or exemption from military service because you have completed the course as prescribed. The duration of a full-time training course is calculated from the date the school requires you to report for enrollment as stated in the admission notice until graduation. A course is only conducted at one level of training; in the case of continuous training, it must be uninterrupted.
Therefore, because you have failed some subjects, your course will be extended until you complete all the remaining courses. This extension of your course completion time due to failing subjects is not covered by the regulations for deferring military service. So, when you receive a conscription order and have been selected for military service, you will have to serve as usual. You will not be eligible for deferment in this case.




