This information was released in response to voter proposals from Hung Yen and Hanoi regarding military conscription procedures.
According to voters, the current criminal code does not classify "failure to comply with a physical examination notice" as a crime, while the military service law stipulates that those who do not undergo a physical examination are ineligible for conscription. This discrepancy creates inconsistency between the two laws, hinders the handling of violations, and undermines the law's authority.
Voters proposed amendments to criminalize non-compliance with military service registration, physical examination notices, conscription orders, or training mobilization orders, especially for repeat offenders who have previously received administrative penalties or criminal convictions.
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New recruits enlist in Hanoi in 2023. Photo: Giang Huy |
New recruits enlist in Hanoi in 2023. Photo: Giang Huy
Acknowledging these concerns, the ministry of national defense stated that article 332 of the criminal code, addressing draft evasion, provides a legal framework for handling violations. However, the lack of specific provisions for failing to comply with physical examination notices represents a legal loophole, inconsistent with current practices and the military service law.
The ministry emphasized that the physical examination is a crucial step between registration and conscription, a mandatory criterion for recruitment. Failure to participate renders citizens ineligible for conscription, disrupting the recruitment process and the handling of violations.
The ministry also highlighted current inconsistencies, such as difficulties in definitively establishing non-compliance with physical examination notices as grounds for criminal prosecution. Therefore, revising article 332 "is necessary to enhance deterrence and improve state management of military service obligations".
Under the military service law, individuals failing to appear for conscription as instructed face fines of 30-40 million VND. Fines increase to 40-50 million VND for fraudulent draft evasion after meeting eligibility requirements, and 50-75 million VND for non-compliance with conscription orders. Despite these fines, individuals remain obligated to fulfill their military service.
Repeat offenders or those committing serious violations can face up to 2 years of non-custodial reformatory labor or 3 months to 2 years imprisonment. Aggravating circumstances, such as self-inflicted injuries to evade service, wartime offenses, or inciting others to violate the law, can result in prison sentences of 1-5 years.
Son Ha
