Vietnam: Information on military service, including whether it is compulsory, on the length of service, on penalties for failure to show up for a draft notice, and on the treatment upon return to Vietnam of someone who fled the country in 1989 to avoid being drafted
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1995 |
| Citation / Document Symbol | VNM20430.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Vietnam: Information on military service, including whether it is compulsory, on the length of service, on penalties for failure to show up for a draft notice, and on the treatment upon return to Vietnam of someone who fled the country in 1989 to avoid being drafted, 1 April 1995, VNM20430.E, available at: https://www.refworld.org/docid/3ae6ab5c8.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Military service is compulsory in Vietnam (Europa 1994 1994, 3309; ISSS 1990, 180; Vietnam: A Country Study 1989, 262).
Article 77 of the 1992 Constitution of the Socialist Republic of Vietnam stipulates that
defending the fatherland is the citizens' sacred duty and noble right. Citizens are dutybound to perform their military service and participate in building the all-people national defense. (Nguyen 1992, 17)
Vietnam: A Country Study indicates that under the 1981 Military Obligation Law,
all male citizens from all rural areas, city districts, organs, state enterprises, and vocational schools from elementary to college level, regardless of the positions they hold, if they meet the introduction criteria of the annual state plan, must serve in the armed forces for a limited time in accordance with the draft law (1989, 262).
According to the same document, men from 18 to 27 are eligible for military service and in 1989, the enlistment period was three years for ordinary enlistees, four years for technical specialists, and two years for certain ethnic minorities (ibid.). The age of eligibility for registration is 16 (ibid.). Women may register if they are members of the Ho Chi Minh Youth League (ibid., 263).
In 1990, the terms of service were modified (Nhan Dan 5 Jan. 1991; VNA 7 Jan. 1991). Under the Law on Amendments and Supplement to the Law on Military Service adopted on 21 December 1990,
the length of peacetime military service of noncommissioned officers and enlisted men is two years.
The length of peacetime military service of noncommissioned officers in command positions and of noncommissioned officers and enlisted men with technical qualifications acquired through military training, as well as of non commissioned officers and enlisted men working abroad naval vessels is three years (Nhan Dan 5 Jan. 1991).
Information on the penalties for failure to show up for a draft notice or for desertion could not be found among the sources consulted by the DIRB. Article 69 of the law on military service as amended in 1990 states as follows:
1. Whoever violates those stipulations governing the registration for military service, the recruitment and drafting of youths into the Army, and the calling of military reservists for training and whoever abuses his position and power to act against or obstruct the enforcement of the above stipulations or violates other stipulations of this law shall, depending on the degree of severity, face disciplinary or administrative punitive actions, or be held accountable for criminal responsibility.
2. Any soldier who violates stipulations governing the recruitment and the drafting of youths int the Army, the demobilization of noncommissioned officers and enlisted men, and the system of privileges for troops, or infringes upon other stipulations of this law shall, depending on the degree of severity, be punished according to the military code of discipline or be liable for criminal responsibility (Nhan Dan 5 Jan. 1991).
For general information on the treatment of deserters upon their return to Vietnam, please refer to Response to Information Request of 17 March 1995. For genral information on military service in Vietnam, including 1994 conscription plans, please refer to the attachments.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find attached the list of sources consulted in researching this information request.
References
The Europa World Year Book 1994. 1994. Vol. 2. London: Europa Publications.
The International Institute for Strategic Studies (ISSS). 1990. The Military Balance 1990-1991. Oxford: Nuffield Press.
Nguyen, Phuong Khanh. December 1992. "The Socialist Republic of Vietnam." Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications.
Nhan Dan [Hanoi, in Vietnamese]. 5 January 1991. "National Assembly Amends Law on Military Service." (FBIS-EAS-91-013 18 Jan. 1991, pp. 68-70)
VNA [Hanoi, in English]. 7 January 1991. "Laws on Military Service, Officers Amended." (FBIS-EAS-91-005 8 Jan. 1991, p. 72)
Vietnam: A Country Study. 1989. Edited by Robald J. Cima. Washington, DC: Secretary of the Army
Attachments
The Europa World Year Book 1994. 1994. Vol. 2. London: Europa Publications, p. 3309.
Nguyen, Phuong Khanh. December 1992. "The Socialist Republic of Vietnam." Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications, pp. 3, 17.
Foreign Broadcast Information service (FBIS). 16 December 1994. "Premier Said to Order Conscription for Police." (FBIS-EAS-94-242 16 Dec. 1994, p. 73)
The International Institute for Strategic Studies (ISSS). 1990. The Military Balance 1990-1991. Oxford: Brossay's, p. 180.
Nhan Dan [Hanoi, in Vietnamese]. 5 January 1991. "National Assembly Amends Law on Military Service." (FBIS-EAS-91-013 18 Jan. 1991, pp. 68-70)
Quan Doi Nhan Dan [Hanoi, in Vietnamese]. 30 May 1994. "Dao Dinh Luyen on Selective Service." (FBIS-EAS-94-120 22 June 1994, pp. 56-67)
_____. 18 March 1994. "Youths to Perform Military Service Locally." (FBIS-EAS-94-071 13 Apr. 1994, pp. 51-52)
VNA [Hanoi, in English]. 7 January 1991. "Laws on Military Service, Officers Amended." (FBIS-EAS-91-005 8 Jan. 1991, p. 72)
Vietnam: A Country Study. 1989. Edited by Robald J. Cima. Washington, DC: Secretary of the Army, pp. 260-67.
Voice of Vietnam Network [Hanoi, in Vietnamese]. 16 November 1994. "Prime Minister's Decision on Conscription Plan." (FBIS-EAS-94-223 18 Nov. 1994, p. 71)
_____. 9 December 1993. "Premier Issues Decision on 1994 Troop Induction." (FBIS-EAS-93-237 13 Dec. 1993, p. 57)
Other Sources Consulted
On-line searches and oral sources.
