According to a report by Lao Dong reporter on September 7, the Ministry of National Defense has just issued a document responding to voters in Hung Yen province's petition to impose administrative penalties for not recruiting for military service.
Accordingly, voters of Hung Yen province proposed: Article 5, Decree No. 120/2013/ND-CP dated October 9, 2013 of the Government stipulates penalties for violations of regulations on preliminary selection for military service. However, Decree No. 37/2022/ND-CP dated June 6, 2022 of the Government amending and supplementing a number of articles of the Decrees stipulating levels of penalties for administrative violations in the fields of national defense, cryptography; management and protection of national borders; in the seas, islands and continental shelf of the Socialist Republic of Vietnam, abolishes this content.
While still punishing those who do not register for military service for the first time and violating regulations on health checks for military service, it makes it difficult to select and call citizens to join the army.
Voters of Hung Yen province proposed amendments and supplements in the direction of administrative penalties for not conducting military service preliminary selection .
The Ministry of National Defense has responded to this. According to the provisions of Clause 1, Article 2 of the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020) and Point a, Clause 1, Article 4 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations, one of the bases for defining administrative violations is that there must be "violations of provisions on obligations, responsibilities, and prohibitions of the law on administrative management order in the fields of state management".
Thus, to ensure the legal basis, in principle, legal documents on administrative management order in the field of state management must be issued and take effect before or at the same time as legal documents regulating administrative sanctions in that field of state management.
According to the opinion of the Ministry of Justice when appraising Decree No. 37/2022/ND-CP, the preliminary medical examination for military service is only one step in the preparation for the medical examination for military service of citizens as prescribed in Article 5 of Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health - Minister of National Defense regulating the medical examination for military service, this content has not been regulated in the Law on Military Service 2015; therefore, Decree No. 37/2022/ND-CP of the Government has abolished Article 5 of Decree No. 120/2013/ND-CP on violations of regulations on preliminary medical examination for military service to ensure compliance with the provisions of law.
Regarding solutions, the Ministry of National Defense said it will absorb voters' opinions and direct competent agencies to continue reviewing, researching, and proposing to the Government to amend and supplement the Law on Military Service to ensure consistency, synchronization with the legal system, and suitability with reality.
