I’ve just finished my military service. Do I have to take military exercise?

I just came back from military service. Now, in my district, there is a course of military exercise. Do I have to take this exercise? I hope that the FDVN Law Firm can give me some advice.

FDVN’s Opinion

Firstly, according to the provisions of the Law on People's Public Security Force 2018, you are determined to be an enlisted member enjoying the regime in accordance with the law.

Regarding the regime of an enlisted member after demobilization, it is specified in Article 42.3 of the Law on People's Public Security Force 2018, Article 8.2 of Decree 70/2019 / ND-CP, including the following policies:

a. To be provided with train fare, travel allowance, and demobilization allowance;

b. Before joining the army, those who are studying or have a letter called to study at schools affiliated to vocational education institutions or higher education institutions, their results may be reserved and accepted to study at those schools;

c. Job creation allowance;

d. Before joining the army, who are working at state agencies, political organizations, or socio-political organizations, when demobilized from the army, such agencies or organizations must take responsibility for re-admission, job placement, and assurance. Their income is not lower than before service; where such agency or organization has been dissolved, the immediate superior agency or organization shall have to arrange suitable jobs;

f. To have his / her benefits related to social insurance in accordance with the Law on Social Insurance;

g. In case non-commissioned officers and enlisted members demobilized from the military as prescribed in Clause 1 Article 43 and Clause 1 Article 48 of this Law, when they return to their localities, they will be prioritized by the authorities, agencies and organizations to work, recruitment of civil servants and public employees; During the probationary period, he shall enjoy 100% of the salary and allowances applicable to the recruitment rank corresponding to the training level.

Regarding the obligations of Service regimes applicable to enlisted members from the army, in Article 9.2 of the Law on People's Public Security 2019:

“After being discharged from the People’s Public Security Force, persons who have served in the People’s Public Security Force shall perform military duty as holders of reserve titles as per law.” The obligations specified in Article 9.2 of the Law on Military Service 2015:

a) Be strictly loyal to the motherland, people, the Communist Party and the State of the Socialist Republic of Vietnam;

b) Always ready to fight and sacrifice their lives for the independence, sovereignty, unity, and territorial integrity of Vietnam; protect People, Communist Party, the State and socialist regime; complete all assigned tasks and perform international duties;

c) Protect properties and benefits of the State, agencies, organizations; protect lives, properties, and lawful rights and interests of People; participate in protection of national security and social order and safety according to the provisions of laws;

d) Strictly comply with the lines and policies of Communist Party, policies and laws of the State, regulations and instructions of People’s Army;

dd) Participate in training in politics, military, culture, science, technique, specialist skills; improve the organization, discipline, and physical fitness; increase political stuff, fighting skill, and spirit.

Because you are a Soldier who is demobilized, you will have the obligations as mentioned above, in which you must perform military service in the rank of attendance according to law provisions. Article 45 of the Law on Military Service 2015 states: “Demobilized non-commissioned officers/enlisted soldiers; non-commissioned officers/soldiers having completed the service in People’s Army who come back to their offices/schools shall register for military service in reserve forces within 15 working days.”

Secondly, on military drills of the district team and the responsibility to participate in military service at reserve forces.

According to Article 16 of Decree 02/2019 / ND-CP, subjects participating in civil defense drills at local levels include:

1. The full-time civil defense force specified at Point a, Clause 3, and Point a, Clause 4, Article 26 in this Decree. Specifically:

a. The core forces include: Self-Defense Force; Police of communes, wards, and townships; full-time or part-time forces of the People's Army, the People's Public Security Forces, and central and local ministries and branches.

b. Specialized forces: Military Command Committee, Police Department of communes, wards and towns;

2. Part-time forces specified at Point b, Clause 3, and Point b, Clause 4, Article 26 of this Decree. Specifically:

a. Part-time forces of agencies and units are regulated by the People's Committees of provinces and districts, including the Mobile Teams: Rescue; ambulance, ambulance; repairing damaged constructions; ensuring traffic, electricity and water; epidemic prevention, environmental sanitation; bleach; protect the dyke.

b. Part-time forces defined by commune-level People's Committees and agencies and organizations have on-site groups, including the following groups: Notifications and alarms; crash rescue; ambulance, ambulance; chemical room; logistics, engineering; building shelters, underground constructions, camouflage, diversionary tactics, use as drones; helping people and production establishments to evacuate and protect the evacuation area; ensuring traffic, electricity and water; environmental sanitation.

3. Students, trainees at academies, schools, and mass organizations at all levels

4. Cadres, party members, civil servants, dignitaries and titles, learning about civil defense are integrated into the program of fostering knowledge of national defense and security according to the provisions of law, it is at least 05% of the total time for training on defense knowledge of each subject.

5. Ministries, central authorities, localities, agencies, and units shall organize civil defense drills once per 5 years; integrating the content of incident prevention and response drills and natural disasters and search and rescue into civil defense drills.

Thus, if you do not fall into the above subjects, you will not be required to participate in civil defense drills.

Besides, according to Article 11 of Circular 21/2010 / TT-BQP, there are provisions:

“1. Annually, based on the actual situation and the direction of the Government, the Ministry of Defense issues a Directive on organizing civil defense drills for units of the Army and Militia self-defense.

2. The drills at the provincial, district and commune level must all be associated with civil defense drills to foster knowledge and improve leadership, directing and commanding forces to prevent, combat, and overcome war consequences.

3. Annually, the People's Committees at all levels organize drills on flood and storm prevention, search and rescue, fire, explosion, forest fire, and other disasters for a number of localities and affiliated establishments to learn from experience and only practice when a situation occurs; When organizing the above contents, they must prepare documents for leadership and direction; establishment of a steering committee, a director department and an assisting body; building intentions, rehearsal plans and documents for the exercise; organize fostering, training, practice contents; practice the drill according to the approved intent and plan.

4. The General Staff shall assist the Ministry of National Defense in studying and guiding the warfare prevention, combat and overcoming exercises for the ministries and central branches and organize experimental drills to learn from experience "

Thus, in case the exercise plan determining the participants including military service forces in the reserve forces, you are responsible for complying with it. In case the rehearsal plan does not require your attendance, you are not responsible for joining.

This is FDVN's opinion related to your consulting request base on legal regulations. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Lan Anh

FDVN Law firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/