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If the older brother is doing military service, will the younger brother also go?

Báo Quốc TếBáo Quốc Tế19/10/2023


Let me ask, my brother is doing military service, do I have to do military service too? - Reader Minh Khang
Anh trai đang đi nghĩa vụ quân sự thì em trai có đi nữa không?

1. If the older brother is doing military service, will the younger brother also go?

* According to Clause 1, Article 41 of the Law on Military Service 2015 (amended by the Law on Militia and Self-Defense Forces 2019), the following citizens are temporarily exempted from military service:

- Not healthy enough to serve in the army according to the conclusion of the Health Examination Council;

- Being the only worker who must directly support relatives who are no longer able to work or have not reached working age; in a family that has suffered serious damage to people and property due to accidents, natural disasters, or dangerous epidemics confirmed by the People's Committee at the commune level;

- A child of a war invalid or a person infected with Agent Orange whose working capacity is reduced from 61% to 80%;

- Having a brother, sister or sibling who is a non-commissioned officer or soldier serving in the army; a non-commissioned officer or soldier performing duty in the People's Public Security ;

- People who are subject to migration and resettlement in the first 3 years to extremely disadvantaged communes under the State's socio-economic development project decided by the People's Committee of the province or higher;

- Cadres, civil servants, public employees, and youth volunteers mobilized to work in areas with particularly difficult socio-economic conditions according to the provisions of law;

- Currently studying at a general education institution; currently receiving full-time university training at a university, full-time college training at a vocational education institution during a training course of a training level.

- Standing militia.

* According to Clause 2, Article 41 of the 2015 Law on Military Service, the following citizens are exempt from military service:

- Children of martyrs, children of first-class disabled soldiers;

- A brother or a younger brother of a martyr;

- One child of a second-class disabled veteran; one child of a sick soldier with a reduced working capacity of 81% or more; one child of a person infected with Agent Orange with a reduced working capacity of 81% or more;

- People doing key work are not soldiers or People's Police;

- Cadres, civil servants, public employees, and youth volunteers mobilized to work in areas with especially difficult socio-economic conditions according to the provisions of law for 24 months or more.

From the above regulations , if a brother, sister or sibling is a non-commissioned officer or soldier serving in the army, he or she will be temporarily deferred from military service.

2. Rights and obligations of non-commissioned officers and soldiers when participating in military service

The rights and obligations of non-commissioned officers and soldiers when participating in military service according to Article 9 of the Law on Military Service 2015 are as follows:

- Non-commissioned officers and soldiers are guaranteed by the State preferential regimes and policies appropriate to the nature of the People's Army's activities.

- Non-commissioned officers and soldiers have the following obligations:

+ Absolutely loyal to the Fatherland, the People, the Party and the State of the Socialist Republic of Vietnam;

+ Be ready to fight and sacrifice to protect the independence, sovereignty, unity and territorial integrity of the Fatherland; protect the People, the Party, the State and the socialist regime; complete all assigned tasks and perform international obligations;

+ Protect the property and interests of the State, agencies and organizations; protect the lives, property, rights and legitimate interests of the People; participate in protecting national security and social order and safety according to the provisions of law;

+ Strictly comply with the Party's guidelines and policies, the State's policies and laws, and the People's Army's Regulations and Statutes;

+ Study politics, military, culture, science, technology, and profession; practice organization, discipline, and physical strength; improve political and combat qualities.



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