Participating in civil defense, will i be exempted from military service?

I want to be advised if I will be exempted from military service when joining the Civil Defense.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1] Cases of exemption from Military Service

According to Article 41 of the Law on Military Service 2015, the following cases are the exemption from conscription:

- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;

- Any citizen who is a brother of revolutionary martyrs;

-  Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;

- Any citizen carrying out essential tasks who is not a soldier or a People’s Army;

- Any citizen who is an official or youth volunteer assigned to the extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;

Accordingly, in the case of joining Civil Defense, you’re not exempted from military service as prescribed by law.

[2] Exemption from military service when completing Civil Defense

According to Clause 4 Article 4 of the Law on Military Service 2015:

“4. Citizens shall be recognized completing peacetime military service in the regular armed forces:

a) Core militiamen who have completed militia service with at least 12 months served as a standing militiaman;

b) Citizens who have completed service in Police departments of communes for at least 36 months;

c) Officials and civil servants and people having university degrees who have received training and granted the rank of reserve officer;

d) Young people graduated from universities, colleges, or vocational schools who volunteer to serve at economic-defense groups for at least 24 months according to the project decided by the Prime Minister;

dd) Citizens serving on fishery inspection cutters for at least 24 months.”

There are some cases that your situation may fall into as follows:

- Case 1: If you have joined Civil Defense for less than 24 months, you will not be recognized for completing your military service in peacetime. So, in this case, you may have to join the military service if you are called to register.

- Case 2: If you have joined Civil Defense in full of 24 months, you are recognized for completing military service on active service in peacetime.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

 Nguyen Thi Thanh Thanh Tra - FDVN Law Firm

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