Punishment of evading civil defense training course

I have been participating in the local militia for a year. Some days ago, I had a long trip with a group of friends. It was our original plan that we would travel for 14 days to many different places. However, it was only 5 days before I had to go to the training course of the militia. I don't want to cancel this trip, so I intend to skip this training course. I want to know if I am punished when evading the civil defense training course. Thank you.

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. According to Article 14 of the Law on the Militia and Self-Defense Force 2019, some of the prohibited acts are “Evade, oppose or obstruct organization, training, operation, and responsibility to participate in militia and self-defense forces.”

Thus, in case you evade the Militia and Self-Defense training course, you are considered violating the above provisions.

At the same time, according to the provisions of Article 12 of Decree 120/2013/ND-CP on sanctioning of administrative violations in the field of defense, and cipher:

“Article 12. Violating regulations on concentration training, rehearsal, check readiness to mobilize, ready to fight

1. A fine of between VND 800,000 and VND 1,200,000 shall be imposed for failure to be present at the time or place specified in the order to focus on training, rehearsal, and readiness to be motivated and ready to fight. have a good reason.

….

4. Remedy:

a) Forcible execution of the order for concentration in training, drills, and readiness to mobilize, ready to fight at the orders of a competent agency, for the act specified in Clause 1 of this Article;

b) Force to re-assign jobs to reserve soldiers to return to their former working agencies or organizations, for violations specified in Clause 3 of this Article. "

Accordingly, the act of not showing up at the time or place specified in the call to focus on training, drills, check on readiness to mobilize, ready to fight without a good reason will be fined from VND 800,000 to VND 1,200,000. In addition, the person violating is also subject to the application of remedial measures forcing the execution of the call to concentrate on training, drills, check on readiness to mobilize, and ready to fight under the orders of the competent authority.

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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