What are the penalties for evading military service?

Reply:

Military service evasion is the act of citizens who are obligated to enlist in the military when they reach the age for military service, have been called for a military service examination, but fail to comply, do not participate, or leave their locality...

Based on Clause 7, Article 1 of Decree 37/2022/ND-CP, those who violate regulations on military enlistment will be subject to the following administrative penalties:

- Failure to appear at the designated time or location for conscription without a valid reason: a penalty of 30-40 million VND.

- Deception aimed at evading conscription after having passed the military service health examination and meeting the eligibility requirements: the penalty is 40-50 million VND.

- Failure to comply with the conscription order (except in the cases mentioned above): The penalty is 50 - 75 million VND.

Therefore, citizens who evade military service may face administrative penalties of up to 75 million VND.

In addition to being fined, those who commit any of the aforementioned acts must also take remedial measures, namely being compelled to comply with the conscription order.

In addition to administrative penalties, those who evade military service may also face criminal charges for the crime of evading military service.

Specifically, according to Article 332 of the Penal Code No. 100/2015/QH13, anyone who fails to comply with military service registration, conscription orders, or training orders, and who has been administratively penalized for this act or has been convicted of this crime and whose criminal record has not been expunged, and who commits the violation again, shall be punished with: non-custodial correctional measures for up to 2 years; or imprisonment from 3 months to 2 years.

Specifically, if there are aggravating circumstances such as: self-inflicted injury or harm to one's health; committing the crime during wartime or inciting others to commit the crime, the prison sentence will be from 1 to 5 years.

According to Clause 1, Article 4, Circular 07/2023/TT-BQPThe regulations stipulate that a legitimate reason is one of the following:

- Individuals required to undergo a medical examination or health check for military service... become ill or fall ill en route, have an accident, or require hospitalization or other medical facilities.

- Relatives of military personnel who are seriously ill or have suffered serious accidents and are receiving treatment at medical facilities.

- Relatives of a deceased military serviceman have not yet held a funeral.

In the two cases mentioned above, relatives of these individuals may include: biological parents; parents-in-law; adoptive parents; legal guardians; spouse; biological children, legally adopted children.

- The residence of a military conscript or the residence of a military conscript's family member... is located in an area severely affected by natural disasters, epidemics, or fires.

- A person performing military service does not receive a summons for a military service examination or health check, or the responsible agency or the actions of others cause difficulties or obstruction, such as the order not specifying the time and place...

GH