CAN WE POSTPONE CONSCRIPTION WHILE WE ARE IN A MASTER'S COURSE OR GETTING A SECOND DIPLOMA?

Legal situation: Hello Lawyer, please give advice for my case. I am currently studying for a master's program in law and studying for a second bachelor's degree in English language. So can I postpone my military service? Looking forward to getting the advice. Thank you.

FDVN's opinions:

Thank you for sending your question to FDVN Law Firm (FDVN). For your consulting requirements, please kindly see FDVN’s opinions as follows:

Clause 1 of Article 41 of the Law on Military Service 2015 and Clause 1, of Article 5 of Circular 148/2018/TT-BQP stipulate cases of temporary postponement of enlistment for the following citizens:

“a) Citizen whose health is unsatisfactory for active military service according to the conclusion of pre-enlistment check-up board.

b) Citizen being the only breadwinner who directly takes care of his relatives who lost working capacity or under working age; citizen being the only breadwinner in a family suffering serious damage to humans and property due to dangerous accidents, disasters, epidemics confirmed by the People’s Committees of the communes, wards, towns (hereinafter referred to as “communes”).

c) Citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%.

d) Citizen whose biological siblings is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army.

dd) Citizen who subject to emigration or evacuation in the first 03 years to extremely disadvantaged communes according to the socio-economic development project of the State decided by the People's Committees of provinces or higher levels.

e) Citizen who is an official or a youth volunteer assigned to an extremely disadvantage socio-economic area according the law provisions.

g) Citizen who is studying at a compulsory education institution or receiving training or university level at a higher education institution or training of college level at a vocational education institution for a training course of a level.”

Thus, for your case, the master's program is not in the regulated training level (university, college) and studying for a bachelor's degree in English language is the second training course of the university program which you attended. So you are not in the case of postponement of enlistment.

The above is FDVN's consulting opinion related to your consulting request based on the research of legal regulations. Hope the advice of FDVN will be useful to you.

According to Hoang Thuy Quynh – FDVN Law Firm

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