Does a person with type 3 health have to do military service?

Báo Quốc TếBáo Quốc Tế23/09/2023


Can I ask if a person with health category 3 has to do military service? - Reader Hoang Long
Sức khỏe loại 3 có phải đi nghĩa vụ quân sự không?
Does a person with type 3 health have to do military service? (Source VNE)

1. Type 3 health determinations

According to Clause 4, Article 9 of Joint Circular 16/2016/TTLT-BYT-BQP, the classification is based on the number of points for 8 criteria recorded in the military service health certificate, specifically as follows:

- Type 1: All 8 indicators have a score of 1;

- Type 2: At least 1 indicator has a score of 2;

- Type 3: At least 1 indicator has a score of 3;

- Type 4: At least 1 indicator has a score of 4;

- Type 5: At least 1 indicator has a score of 5;

- Type 6: At least 1 indicator has a score of 6.

Thus , having at least 1 indicator with a score of 3 is determined as type 3 health.

2. Do people with type 3 health have to do military service?

Specifically, Article 4 of Circular 148/2018/TT-BQP stipulates the standards for military service recruitment as follows:

- Age:

+ Citizens from 18 to 25 years old.

+ Male citizens with college or university degrees who have been temporarily deferred from military service during a training course of a training level will be selected and called up for military service until they are 27 years old.

- Political standards:

+ Implement according to Joint Circular No. 50/2016/TTLT-BQP-BCA.

+ For important and confidential agencies, units and positions in the Army; Honor Guards, Ceremonial Guards; Professional Military Guards and Control forces, selection is carried out according to regulations of the Ministry of National Defense.

- Health standards:

+ Select citizens with health types 1, 2, 3 according to regulations in Joint Circular 16/2016/TTLT-BYT-BQP.

+ For agencies, units, and positions specified in Point b, Clause 2, Article 4 of Circular 148/2018/TT-BQP, selection shall be conducted to ensure specific standards according to regulations of the Ministry of National Defense.

+ Do not call up citizens with health category 3, refractive eye defects (myopia 1.5 diopters or more, hyperopia of various degrees) ; drug addiction, HIV infection, AIDS.

- Cultural standards:

+ Select and call up citizens with an 8th grade education level or higher, from high to low. Localities with difficulties in meeting military recruitment targets will report to competent authorities for consideration and decision to select citizens with a 7th grade education level.

+ Communes in remote areas, areas with especially difficult socio-economic conditions as prescribed by law; ethnic minorities with less than 10,000 people are allowed to recruit no more than 25% of citizens with primary education level, the rest are junior high school level or higher.

Thus , citizens with health category 3 can still participate in military service when they fully meet the remaining standards and are not eligible for deferment or exemption from military service (except for cases of myopia of 1.5 diopters or more, and hyperopia of various degrees).

3. Cases of postponement or exemption from military service

Deferment and exemption from military service in peacetime are implemented according to the provisions of Article 41 of the 2015 Law on Military Service, as follows:

- Military conscription is postponed for the following citizens:

+ 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 as confirmed by the People's Committee of the commune, ward, or town (hereinafter referred to as the commune level).

+ A child of a war invalid or 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 regular university training at a university, or regular college training at a vocational education institution during a training course of a training level.

- Exemption from military service for the following citizens:

+ 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 as prescribed by law for 24 months or more.

- Citizens who are subject to temporary deferment from military service as prescribed in Clause 1, Article 5 of Circular 148/2018/TT-BQP, if there is no longer a reason for deferment, will be called up for military service.

Citizens who are eligible for temporary deferment or exemption from military service as prescribed in Clause 1 and Clause 2, Article 5 of Circular 148/2018/TT-BQP, if they volunteer, will be considered for selection and military service.

- The list of citizens eligible for temporary deferment and exemption from military service must be publicly posted at the headquarters of the People's Committee at the commune level, agencies and organizations within 20 days from the date the Chairman of the People's Committee at the district level signs the Decision.

(Article 5 of Circular 148/2018/TT-BQP)



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