To sanction acts of violating the medical examination for performance of military service

VIOLATION OF HEALTH SERVICE EXECUTION OF MILITARY OBLIGATIONS
Your knowledge:

     Acts of administrative violation, sanctioning forms and remedies for medical examination and health performance.

Knowledge of Lawyers:

     Hi, with your questions, we would like to offer the following advice:

Legal grounds:

Decree No. 120/2013 / ND-CP stipulates the sanctioning of administrative violations in defense and cipher
Circular 95/2014 / TT-BQP guiding the implementation of the Government's Decree No. 120/2013 / ND-CP dated October 09, 2013 stipulating the sanctioning of administrative violations in the defense and security domain
The contents of the consultancy on violations of medical examination for performance of military service
     1. Acts of violating the regulations on medical examination and health performance

The fraudulent medical examiner distorts the results of his health classification in order to evade military service.
Giving money or other material benefits to medical personnel in order to distort the results of health examination of health examiners performing the military service.
Cadres and medical workers intentionally falsify the health factors of health examiners performing the military service.
Acts not present at the right time or place for examination and health examination shall be inscribed in the written summons for examination and health examination to perform the military service without plausible reasons.
     "Good Reason" is guided by Article 5 of Circular 95/2014 / TT-BQP, which is one of the reasons:

     * The person must carry out pre-qualification military service; examination or medical examination for performing the military service; medical examination for the selection of reserve officers; to execute the enlistment order; an order to train a reserve officer; The order for training, maneuvers, readiness test and combat readiness (hereinafter referred to as persons performing the military service) shall be ill or on the way of being sick or accidents.

     * Relatives of persons performing military service, including father and mother; father, mother-in-law or father-in-law; legal nurturers; wife or husband; The offspring, legally adopted children are seriously ill.

     * Relatives of persons performing military service, including father and mother; father, mother-in-law or father-in-law; legal nurturers; wife or husband; Offspring, adopted children legally but not yet held funeral.

     The housing of persons performing military service or the residence of relatives who perform military service in areas hit by natural calamities, epidemics or fires may affect their lives.

     * Persons performing military service shall not be entitled to receive preliminary military recruitment invitations; examination or medical examination for performing the military service; medical examination for the selection of reserve officers; enlistment order; an order to train a reserve officer; The call for training, rehearsal, readiness test, combat readiness due to fault of the responsible person or agency, or the behavior of other persons causing difficulty or obstruction as provided for in Article 8, Chapter II of this Circular.
2. Forms of sanction against acts of violating the regulations on medical examination and health performance

A fine of between VND 800,000 and VND 1.2 million, for acts of failing to be present at the right time or places for inspection and medical examination, inscribed in the written summons for examination and health examination for military service without cause. justifiable.
A fine of between VND 2,000,000 and 4,000,000 for one of the following violations:
     * A false health examiner distorts the results of his health classification in order to evade military service;

     Raising money or other material benefits for medical personnel in order to distort the health classification results of health examiners performing the military service;

     * Health officials and employees intentionally falsify the health factors of the health examiner performing the military service.

     3. Remedies

Forced examination or medical examination according to the plan of the Military Service Council, for acts of failing to appear at the right time or place for inspection and examination as stated in the written summons for examination or health examination. Military service without good reason;
Forced remittance of illegal profits gained by medical personnel for acts of giving money or other material benefits to medical personnel in order to distort the results of classification of health of the health examiner performs the military service;
Forcing the re-examination of the health of persons subject to medical examinations to perform the military service prescribed when the fraudulent medical examiner distorts the results of his health classification in order to evade the military service; giving money or other material benefits to medical personnel in order to distort the results of classification of health of health examiners performing the military service; Health officials and employees intentionally falsify the health factors of the health examiner performing the military service.