A reader named Cao Duong asked Tuoi Tre (Youth) newspaper if his younger brother, who holds dual Vietnamese and American citizenship and is currently in Vietnam, is subject to conscription in the Southeast Asian country.

Pham Van Chung, a lawyer from the Kon Tum Department of Justice in the Central Highlands province of Kon Tum, wrote this response:

According to Article 5 of the 2008 Law on Vietnamese Nationality, as amended in 2014, and Article 4 of the 2015 Law on Military Service, individuals with dual nationality, including Vietnamese nationality, are considered Vietnamese citizens. 

As such, they have the same obligations and responsibilities to the state of Vietnam as other citizens.

This includes the requirement to perform military service following state regulations unless exempted under Article 14 of the 2015 Law on Military Service. 

Exemptions apply to individuals who:

- Have disabilities, serious illnesses, mental health conditions, or chronic diseases as defined by law.

- Are ineligible to register for military service as outlined in Article 13, including those who are:

   + Under criminal prosecution, serving a prison sentence, or on probation, or who have completed a prison sentence but have not yet had their criminal record cleared.

   + Subject to educational measures at community level or sent to a reformatory, compulsory education facility, or drug rehabilitation center.

   + Deprived of the right to serve in the armed forces.

In summary, if an individual holds Vietnamese nationality and meets the criteria for military service, yes: they are obligated to fulfill their military duties as mandated by law.

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