The fulfilment of military service is among the most sacred and noble rights and obligations of Vietnamese citizens, directly reflecting their sense of responsibility and patriotism. Under current conditions, further improving the legal framework governing military service so as to strike a balance between the compulsory nature of national obligations and the honouring of “citizens’ honour”, while ensuring effective, transparent management mechanisms aligned with the trend of digital transformation—has become a matter of particular importance.

The Law amending and supplementing a number of articles of 11 Laws on Military and National Defence (Law No. 98/2025/QH15), which takes effect from 1 July 2025, introduces a range of significant new provisions relating to the processes of registration, management, pre-selection, health examination, and conscription. These amendments aim to further the legal basis, enhance the effectiveness of State management, promote digital transformation, and ensure openness, transparency, and convenience for citizens in fulfilling their military service and defending the Fatherland.

Military service is regarded as the most fundamental form through which citizens fulfil their duty to defend the Fatherland by contributing their labour, intellect, and spirit of dedication. The 2015 Law on Military Service established the legal foundation for the registration, management, selection, and performance of military service, while clearly defining the rights and responsibilities of citizens, as well as of agencies, organisations, and individuals in this field. However, in the course of implementation, a number of provisions have revealed shortcomings and limitations, such as inconsistencies with the current legal framework governing the two-tier local government system; administrative procedures that remain cumbersome and have yet to keep pace with digital transformation; and certain aspects of management and sanctioning that lack sufficient deterrent effect and fail to meet practical requirements. These issues have also posed challenges to the continued reorganisation of the local military system in an “elite, compact, and strong” manner, in line with the requirements and tasks of building the Vietnam People’s Army that is “revolutionary, regular, elite, and modern” under the new circumstances.

A full and accurate understanding of the new provisions of the Law on Military Service (as amended and supplemented in 2025) is of great significance for the direction and organisation of conscription at the local level, as well as for citizens of eligible age performing military service.

Under Article 4, the Law amending and supplementing a number of articles of 11 Laws on Military and National Defence revises and supplements 20 articles of the Law on Military Service (including Articles 3, 4, 13, 15, 16, 17, 19, 20, 28, 29, 34, 35, 36, 37, 39, 40, 42, 44, 47, and 56, and repeals a number of articles, clauses, and points) to align with the new situation. Among these, the new provisions concerning citizens’ responsibilities and honour in fulfilling military service and defending the Fatherland are reflected as follows:

Clause 8 of Article 3 is amended and supplemented to expand and clarify the concept of “evasion of military service”, stipulating that: “Evasion of military service refers to acts of failing to comply with decisions calling for registration for military service; decisions calling for military service health examinations; decisions calling for enlistment; and decisions calling for participation in training, exercises, inspections of mobilisation readiness, and combat readiness.” Accordingly, the current regulation no longer refers to non-compliance with a “call-up order” but replaces it with “call-up decisions”. This change enhances the deterrent effect against violations and ensures greater clarity and transparency in the handling of violations.

Point (a), Clause 4 of Article 4 is amended and supplemented as follows: “a) Standing militia members who have served for at least 24 months shall be recognised as having completed military service in peacetime, as decided by the Commander of the Hanoi Capital Command, the Commander of the Ho Chi Minh City Command, or the Commander of the provincial-level Military Command (hereinafter referred to as the Commander of the provincial-level Military Command), at the proposal of the Chairperson of the commune-level People’s Committee or the head of the relevant agency or organisation.” The recognition of completion of military service in peacetime for standing militia members with at least 24 months of service aims to ensure fairness among forces participating in national defence tasks and to encourage citizens to join the standing militia in their localities.

Article 16 on initial registration for military service has been amended and supplemented. Accordingly, the Chairperson of the commune-level People’s Committee is vested with the authority to issue decisions calling citizens for initial registration for military service (Clauses 1 and 2, Article 16). Specifically, in January each year, the Commander of the commune-level Military Command, together with the heads or lawful representatives of agencies and organisations, reports to the Chairperson of the commune-level People’s Committee the list of male citizens who will reach the age of 17 in that year and those of military service age who have not yet registered for military service. In April each year, the Chairperson of the commune-level People’s Committee issues decisions calling citizens for initial registration for military service.

New recruits perform their military service eagerly

The 2025 amended and supplemented Law on Military Service permits citizens to register for military service online for the following cases: initial registration for military service; supplementary registration for military service; registration upon change of place of residence, workplace, or place of study. Citizens are required to carry out initial registration for military service either online or directly at the military service registration authority (Clause 3, Article 16). The 2025 amended and supplemented Law on Military Service also revises and supplements provisions on supplementary registration for military service. Accordingly, citizens who have already registered for military service and subsequently experience changes in job position, educational attainment, professional qualifications, health status, or other information related to military service must carry out supplementary registration either online or directly at the military service registration authority (Clause 1, Article 17). In addition, the Law stipulates that citizens who have registered for military service and subsequently change their place of residence, workplace, or place of study must carry out registration either online or directly at the authority where they originally registered for military service in order to complete procedures for transferring their military service registration. Within five working days from the date of arrival at the new place of residence, workplace, or study, they must register either online or directly at the competent military service registration authority to complete the transfer-in procedures. Citizens who have registered for military service and are called to study at institutions under vocational education establishments or higher education institutions within the national education system must register either online or directly at the authority where they registered for military service to complete procedures for transferring their registration to the educational institution; upon completion or discontinuation of study, they must carry out procedures to transfer their military service registration back to their place of residence or new workplace. Heads of educational institutions bear responsibility for organising the registration and transfer of military service registration for citizens (Clause 2, Article 17).

Clause 3 of Article 17 on temporary absence registration for military service has been amended and supplemented. The 2025 amended and supplemented Law on Military Service stipulates that: “Citizens who have registered for military service and who leave their place of residence or workplace or place of study for a period of three months or more must carry out registration either online or directly at the military service registration authority to register their temporary absence. Upon returning to their place of residence or workplace or place of study, they must re-register within five working days.” This represents a progressive step in line with Decision No. 06/QĐ-TTg dated 6 January 2022 of the Prime Minister approving the Scheme on “Developing applications of population data, digital identification, and electronic authentication to serve national digital transformation for the period 2022–2025, with a vision to 2030”, thereby contributing to the modernisation of management, reduction of administrative procedures, enhancement of data transparency, and improvement of management efficiency.

Article 29 on release from the reserve has been amended and supplemented. The 2025 amended and supplemented Law on Military Service provides that: “Reserve non-commissioned officers and enlisted personnel who have reached the age limit or no longer meet the health requirements for service in the reserve shall be released from the reserve by decision of the Commander of the Area Defence Command.” Compared with the 2015 Law on Military Service, the authority to decide on release from the reserve is thus transferred from the Commander of the district-level Military Command to the Commander of the Area Defence Command. This adjustment is consistent with the current organisational model of the armed forces based on defence areas, enhancing centralised, unified, and professional management of the reserve force.

Clause 5 of Article 35 is amended and supplemented as follows: “5. Citizens who are called up for enlistment and to perform the obligation of participation in the People’s Public Security Force must be present at the time and place specified in the decision; in cases where there is a legitimate reason preventing timely attendance, confirmation must be obtained from the commune-level Military Command at the place of residence or from the agency or organisation at the place of work or study, and a report must be made to the Chairperson of the commune-level People’s Committee.” The 2025 amended and supplemented Law on Military Service thus more clearly defines citizens’ responsibilities upon receipt of an enlistment decision, requiring their presence at the specified time and place, thereby strengthening legal enforceability. At the same time, the mechanism for certifying legitimate reasons is streamlined by assigning direct authority to the commune-level Military Command at the place of residence or to the relevant agency or organisation at the place of work or study, coupled with the requirement to report to the Chairperson of the commune-level People’s Committee. This reform shortens procedures, enhances timeliness and effectiveness in conscription management, and strengthens transparency and accountability of grassroots authorities.

Thus, the 2025 amended and supplemented Law on Military Service marks an important advance in legal thinking and state management in the fields of national defence and security, timely and comprehensively institutionalising the guidelines and orientations set out in the Party’s documents and resolutions, the conclusions of the Politburo and the Secretariat, as well as the provisions of the Constitution and the amended Law on the Organisation of Local Government relating to the arrangement and reorganisation of administrative units at all levels. The Law not only refines mechanisms and responsibilities, but also profoundly affirms that the fulfilment of military service is not merely a legal obligation, but a sacred honour, the highest expression of patriotism and the civic spirit of Vietnamese citizens.

For the new provisions to truly take effect in practice, the concerted engagement of the entire political system is required, encompassing leadership, direction, organisation of communication and education, implementation, and inspection and supervision. Each citizen must raise political awareness and clearly understand that military service is a sacred honour intrinsically linked to the duty of defending the nation, thereby voluntarily complying with the Law on Military Service. Communication and dissemination efforts must be renewed, drawing deeply on the Law’s new provisions to foster a sense of pride and civic responsibility, while actively countering misinformation.

At the same time, the policy system should continue to be refined to safeguard the rights and interests of servicemen and their families, and to encourage young people to serve in the Army. Grassroots authorities must exercise their powers strictly, ensuring openness and transparency in enlistment lists and standards, enhancing responsibility for management and supervision, and preventing negative practices. When “responsibility” is inseparably linked with “honour”, and when “obligation” becomes a “source of pride”, the law will not merely serve as a management tool, but will also become a source of inspiration and spiritual strength in the cause of building and firmly safeguarding the Socialist Republic of Viet Nam.

MSc. KHUAT DUY TIEN