What is the penalty for evading military service?

Reply:

Evading military service is the act of avoiding military service by citizens who are obliged to join the army when they reach military service age and are called to undergo military service examination but do not comply, do not participate, or leave the locality...

Pursuant to Clause 7, Article 1, Decree 37/2022/ND-CP, violators of regulations on military service will be subject to administrative penalties as follows:

- Not being present at the correct time or place stated in the military call-up order without a valid reason: fine of 30 - 40 million VND.

- Fraud to avoid carrying out the military service call after having the results of the military health examination showing that the person is eligible for military service according to regulations: fine of 40 - 50 million VND.

- Failure to comply with the call to military service (except for the above cases): Fine of 50 - 75 million VND.

Thus, citizens who "evade" military service can be administratively fined up to 75 million VND.

In addition to being fined, a person who commits one of the above acts must also take remedial measures by being forced to comply with the military call-up order.

In addition to administrative sanctions, military service evaders may be held criminally liable for the crime of military service evasion.

Specifically, according to Article 332 of the Penal Code No. 100/2015/QH13, anyone who fails to comply with military service registration, military enlistment orders, or training call-up orders, has been administratively sanctioned for this act or has been convicted of this crime, has not had his/her criminal record expunged, and continues to violate, shall be subject to: Non-custodial reform for up to 02 years; or imprisonment from 03 months to 02 years.

In particular, if there are additional aggravating circumstances such as: Self-inflicted injury or damage to one's health; Committing a crime during wartime or enticing others to commit a crime, the penalty is imprisonment from 01 to 05 years.

At Clause 1, Article 4, Circular 07/2023/TT-BQPA just cause shall be one of the following:

- A person who must undergo a medical examination or test to perform military service... falls ill or gets sick on the way, has an accident, and must be hospitalized or in other medical facilities.

- Relatives of military service members who are seriously ill or have had a serious accident and must be treated at medical facilities.

- Relatives of a person performing military service who died but have not yet held a funeral.

Relatives of these people in the two cases above include: biological parents; parents-in-law; adoptive parents; legal guardians; wife or husband; biological children, legally adopted children.

- The residence of a person performing military service or the residence of a person's relative performing military service... is located in an area that is seriously affected by natural disasters, epidemics, or fires.

- A person performing military service does not receive a notice of examination or medical examination for military service or the responsible agency or due to the behavior of another person causing difficulties or obstacles such as the order does not specify the time, location...