Regulations stipulate that tattoos in visible locations and small areas are still considered for military service; intentionally getting tattoos to evade military service can be prosecuted for criminal liability up to 5 years in prison (Article 332 of the 2015 Penal Code).
Preventing tattoos from evading military service
Recently, voters in Ho Chi Minh City have voiced their concerns that some young people are currently evading military service by using tattoos. Therefore, voters request that authorities take strict measures against individuals who use tattoos to evade military service.
Faced with the phenomenon of tattoo abuse to avoid military service, the Ministry of National Defense has commented.
The Ministry of National Defense pointed out regulations on tattoos and tattoo letters when reviewing the selection criteria and calling citizens to join the army as stipulated in Joint Circular No. 50/2016 of the Ministry of National Defense and the Ministry of Public Security.
Accordingly, the Ministry of National Defense and the Ministry of Public Security stipulate that people with:
- Tattoos and tattoo words that oppose the regime, divide the nation, are horrifying, bizarre, sexually stimulating, or violent
- Tattoos that are offensive in exposed areas such as the face, head, neck; from 1/2 of the upper arm down, from 1/3 of the lower thigh down.
- Tattoos and tattooed letters occupy an area of 1/2 or more of the back, chest, or abdomen.
Thus, tattoos and tattoos on the body are considered a part of the political and ethical standards for recruiting citizens to serve in the army. Tattoos are considered offensive, affecting the image, etiquette and style of soldiers, and building a cultural environment in the army.
Regulations on cases where tattoos can still be called up for military service
The Ministry of National Defense also stated that citizens with tattoos or tattoos that do not fall under the above regulations or can be removed will still be considered and called up for military service.
In reality, there are also cases where citizens have taken advantage of this regulation by deliberately tattooing pictures or words on their bodies before the recruitment examination, or after the preliminary selection, knowing that they meet the criteria for military service, in order to avoid performing military service, causing public outrage.
The Ministry of National Defense promptly prevented this behavior by issuing Document 4142 in 2020 on the selection and calling of citizens to join the army in 2021.
Official dispatch 4142 stipulates that if the tattoo or tattooed letters are in a visible position, but the area is small, does not affect military etiquette, discipline, or the military cultural environment, then the person will still be considered for military service.
This document also instructs the agency conducting the recruitment examination to clearly distinguish between tattoos and tattooed letters (which change skin pigmentation) and images and letters pasted, sprayed, drawn, or written on the skin. In case a citizen uses images or letters pasted, sprayed, drawn, or written on the skin, the citizen must be encouraged to erase them before enlisting.
When citizens join the army, the unit continues to check and encourage citizens to erase tattoos on their skin.
Every year, the Military Security Department provides specific instructions on tattoos and tattooed letters when selecting and calling citizens to join the army, contributing to limiting the behavior of citizens taking advantage of tattoos and tattooed letters on their bodies to avoid performing military service.
The Ministry of National Defense stated that in response to voters' opinions, it will continue to study and fully and comprehensively evaluate this issue and will coordinate with relevant ministries to amend and supplement Joint Circular 50/2016 at the appropriate time when there is a full political, legal, and practical basis, ensuring scientific and feasible assurance so that the law on military service is implemented effectively, practically, and strictly.
Thus, not all cases of tattoos do not require military service. Depending on the nature and size of the tattoo, citizens can still be eligible for military service provided they meet the selection criteria as prescribed.
What is the penalty for intentionally getting a tattoo to avoid military service?
Many people want to avoid military service by getting tattoos because they think that getting tattoos will prevent them from doing military service. However, as analyzed above, getting tattoos can still result in military service.
In addition, those who intentionally get tattoos to avoid performing mandatory military service as prescribed by law may face administrative penalties according to the penalties prescribed in Point a, Clause 3, Article 6 and Clause 2, Article 7 of Decree 120/2013/ND-CP (amended in Decree 37/2022/ND-CP):
- A fine of 15 million to 20 million VND shall be imposed on a person undergoing a health examination who commits fraudulent acts to falsify his or her health classification results in order to evade military service.
- A fine of 40 million to 50 million VND shall be imposed for fraudulent acts to avoid carrying out the military service call-up order after having obtained the results of the military service health examination and meeting the requirements for military service as prescribed.
It can be seen that the administrative penalty for intentional tattooing can be up to 50 million VND depending on the level and different cases. In addition, during the selection process, there needs to be propaganda, mobilization and education. There needs to be a plan to cooperate with citizens to remove illegal tattoos. When detecting intentional violations, citizens must be subject to legal action.
In addition, those who intentionally get tattoos to evade military service may be prosecuted under the Crime of Evading Military Service under Article 332 of the 2015 Penal Code and may be sentenced to up to 5 years in prison.
Accordingly, all Vietnamese citizens must comply well and correctly with their military obligations. Any evasion may be punished according to the provisions of the law.
Citizens are exempted from military service in the following cases: - Citizens who are children of martyrs or first-class disabled soldiers; - Citizen is a brother or a sister of a martyr; - Citizens who are a child of a second-class war invalid; a child of a sick soldier with a labor capacity reduction of 81% or more; a child of a person infected with Agent Orange with a labor capacity reduction of 81% or more; - People doing key work are not soldiers or People's Police; - Citizens who are cadres, civil servants, public employees, and youth volunteers are mobilized to work in areas with especially difficult socio-economic conditions as prescribed by law for 24 months or more. |
Source: https://dansinh.dantri.com.vn/nhan-luc/co-hinh-xam-van-nhap-ngu-co-xam-de-tron-tranh-co-the-bi-xu-ly-hinh-su-20241221150321465.htm
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