What is the penalty for being recruited but evading military service?

HOANG THANH(Ninh Giang)

Reply:

The act of being recruited to perform military service but evading military service is understood as not obeying the call to join the army. This case can be subject to administrative sanctions, or more seriously, criminal prosecution.

Specifically, the provisions of Article 7 of Decree 120/2013/ND-CP, amended by Clause 9, Article 1 of Decree 37/2022/ND-CP, stipulate the level of administrative penalties as follows:

1. A fine of 30 - 40 million VND shall be imposed for failure to be present at the time or place stated in the military call-up order without a valid reason.

2. A fine of 40 - 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.

3. A fine of 50 - 75 million VND for failure to comply with the military call-up order.

4. Remedial measures: Forced to perform military service.

Thus, the act of not complying with the call to join the army will be fined from 50 to 75 million VND, and at the same time forced to perform military service.

In addition, according to the provisions of Article 332 of the 2015 Penal Code on the crime of evading military service, violators may also be subject to criminal prosecution if they re-offend in evading military service, or cause serious consequences and may be sentenced to 1-5 years in prison.