HANOI DEPARTMENT OF JUSTICE
TLK LAW FIRM

Recently, the Government has issued Decree No. 37/2022/ND-CP amending and supplementing a number of articles of the Decree on sanctioning administrative violations in the field of national defense and weakness, including the new regulation: "A fine of from 40,000,000,000 VND to 50,000,000 VND shall be imposed for fraudulent acts in order to evade the implementation of conscription orders after the results have been obtained. medical examination of military conscription is eligible for conscription as prescribed".

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Photo 1. Evading the execution of a conscription order can be punishable by fines of up to 50,000,000 VND_Hotline: + (84) 97 211 8764

Before Decree No. 37/2022/ND-CP takes effect, the penalty for fraudulent acts in order to evade the implementation of conscription orders after the results of medical examinations for military service eligible for conscription are not specified. Accordingly, when the Decree provides for sanctioning administrative violations in the field of national defense, the basic has not been amended, article 7 (violation of the provisions on enlistment) only stipulates: "A fine of from 1,500,000 VND to 2,500,000 VND shall be imposed for the act of not being present on time or place of concentration specified in the conscription call for no good reason".

This shows that the regulations are more complete, specifying more specific violations to properly handle relative violations. The clearing of the penalty level corresponding to each violation partly shows the severity and lightness of each of those violations. The increase in fines compared to before is also deeply deterrent, which in part helps to minimize violations.

In addition, Decree No. 37/2022/ND-CP also adds fines for some violations of regulations on conscription other than the current regulations as follows:

+ A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for failing to show up on time or place of concentration stated in the conscription call without a good reason;

+ A fine of from 50,000,000 VND to 75,000,000 VND shall be imposed for failing to comply with a conscription order, except for the above-mentioned acts.

Decree No. 37/2022/ND-CP takes effect from July 22, 2022.

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