Law No. 5 of 2014 on National Service 5 / 2014
Number of Articles: 50
Table of Content



We, Tamim bin Hamad Al-Thani, Emir of Qatar,
Having perused the Constitution,
The Labour Law promulgated by Law No. 14 of 2004, as amended,
The Military Service Law promulgated by Decree-Law No. 31 of 2006, as amended by Law No. 9 of 2010,
The proposal of the Minister of Defence,
The bill submitted by the Council of Ministers, and
After consulting the Shura Council,
Hereby promulgate the following law:


Part I: Definitions

Article 1


 In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned to each, unless the context requires otherwise:
 
“Ministry” means the Ministry of Defence;
“Commander-in-Chief” means the Armed Forces GHQer of the Armed Forces;
“Minister” means the Minister of State for Defence Affairs;
“Chief of Staff” means the Chief of Staff of the Armed Forces;
“Designee” means each Qatari male between the ages of eighteen and thirty-five years;
“National Service” means the duration for which a designee has to serve for the security of the homeland, according to the provisions of this Law;
“Active service” means the compulsory national service, in accordance with the provisions of this law;
“Reserve Service” means the national service period spent by a designee who has completed active service;
“Conscript (Recruit)” means any designee who joins the active service;
“Reservist” means any person charged with the duties of reserve service;
“Actual service” means the duration of actual active service and reserveservice, including all types of leave, official duties, captivity, and missing in action prior to the issuance of a resolution or judgment thereon;
“Actual Reserve Service” means the national service carried out by areservist in the cases provided for in Article 29 of this Law;
“Batch” means the total number of conscripts recruited in one year;
“Authority” means the National Service Authority at the Ministry established under Article 47 of this Law.
 


 

Part 2: Active Service

Chapter One: Enlistment for Active Service

Article 2

1.       EveryQatari malebetween the ages of eighteen and thirty-fiveyearsshall perform active military service.
  1. No appointment shall be permitted to any jobs in governmental and non-governmental entities nor shall any licence be granted to practice a free profession or to registerin the schedules of operators thereof, except for those who have completedactive service or have otherwise been excluded or exempted therefrom or whose service has been deferred according to the provisions of this Law.


 

Article 3

1.       The Ministry of Interior and the Supreme Council of Health and other concerned bodiesshall provide the Ministry during the first half of each yearwith the names of males who shall reach eighteen years of age in the following year.
The Ministryshall notify the designee to submit himself to the Authority within sixty (60) days from the date of reaching the said age


 

Article 4

1.       The registered entries in the birth registry of the Supreme Council of Health and the Ministry of the Interior shall be deemed a basis for determiningthe ages of males for the purpose of assigning them to perform active service.
  1. Wherethe birth entry of adesigneecannot be found in the birth register, it shall be estimated upon a resolution by the competent body in the Supreme Council of Health.


 

Article 5

1.       No employee may remain in his job or work after the issuance of a warrant calling him up for the performance of active service, except those who have been excluded or exempted therefrom orwhose service has been deferred according to the provisions of this Law.
  1. All heads of governmental and non-governmental bodies shall take this into consideration and report to the Authority those who fail tosubmitthemselves for active service.
  2. No employee shall be permitted to resume or continue work until after the submission of an authorised letter from the competent military authority (which shall be specified upon a resolution by the Minister) indicating completion of the service for which he has been called up.


 

Article 6

1.       The Commander-in-Chief or his authorised representative, maymeromoturecruit persons to whom the provisions of this Law do not apply, provided that the age of the recruit shall not be less than eighteen years, in which case the provisions of this Law and the orders and resolutions issued in the implementation thereof shall apply to the said recruit.
  1. The controls, duration and natureof the service referred to in the preceding paragraphshall be determined by virtue of a resolution of the Minister.


 

Chapter Two: Duration and Nature of Active Service

Article 7

1.       The period of active serviceshall be three months for any graduate from an accredited college or institute, or its equivalent, in the Statewhere the duration of study is not less than two years.
  1. The period of active serviceshall be four months for the following categories:
 
 
  1. Any person who did not enrolin a school, university or institute of higher or intermediate education, or enrolled in any of them and did not complete his studies therein;
  2. Any person who enrolled in secondary school study but has not graduated therefrom after reaching twenty-one years of age;
  3. Any student who has been dismissed from study in colleges or institutes of higher or intermediate education or the equivalent thereof, or did not graduate after reaching the age prescribed in Article 17 of this Law. 

 


 

Article 8

1.       Active service shall include a period of military training and a period of service in one of the units of the armed forces.
Upon a resolution of the Minister, some recruits may be distributed in the other entities subject to the Military Service Law

 


 

Article 9

 The categories of conscripts with rare specialties, and the manner of their performance of service, shall be determined by virtue of a resolution of the Commander-in-Chief or his authorised representative.


 

Article 10

 The following terms shall not be counted within the period of active service:
  1. Periods spent by the conscript or reservist on sick leave for injury suffered as a result of deliberate action or gross negligence;
  2. Periods spent by the conscript or reservist in prison after being convicted;
  3. Periods spent by the conscript or reservist under arrest or in provisional custody pending an investigation;
  4. Periods spent by the conscript or reservistas a deserter or absent without official leave (AWOL);
  5. Periods spent by the conscript or reservist under extreme custody for violating military laws and orders;
  6. Periods of rehabilitation which the conscript failed to complete successfully, unless as a result of injury during training.


 

Article 11

1.       Whenever necessary, and upon a resolution of the Commander-in-Chief or his authorised representative, conscripts or reservists may be assigned to perform their actual active or reserve service, in whole or in part, by executing the tasks, functions and duties related to the achievement of the objectives of the overall development in the State which shall be determined by a resolution of the Council of Ministers.
  1. The Chief of Staff shall issue the orders, resolutions and controls regulating the performance of this service.  


 

Article 12

 Without prejudice to the penalties provided for in this Law, the following shall be added to the duration of active service in the circumstances set forth below:
 
  1. A period not exceeding one month for latecomers who failed to submit themselves to the Authority within the period specified in Articles 3 and 22 of this Law, or were late carrying out the tests required by the Armed Forces GHQ.
  2. A period not exceeding two months for those who failed to respond to the call-up for service during the specified deadline for enrolment. However, where the designee subsequently enrols in service on his own within thirty days from the end date of the enrolment deadline, his extra service periods shall be lifted.
  3. Any other periods as may be determined by a resolution of the Commander-in-Chief in case of a violation of the provisions of this Law other than those mentioned in the preceding paragraphs, up to a maximum of two months for each violation.

 


 

Article 13

 The Commander-in-Chief or his authorised representative may exempt the conscript from the additional service provided for in the preceding Article if he successfully passes the prescribed training courses or otherwise presents  an acceptable excuse.


 

Chapter Three: Exclusion and Exemption from Active Service

Article 14

 The following categories shall be excluded from performing active service:
  1. Students of military colleges, institutes and schools, and those who have completed their studies therein, as long as they have completed their basic training period;
  2. Persons appointed with military ranks who are subject to the aforesaid Military Service Law and whose service therein has ended, provided that they have completed their basic training period;
  3. Such other categories as may be excluded by a resolution issued by the Commander-in-Chief or his authorised representative, based on the requirements of the public interest or for considerations of national security. This provision shall also apply to those who are already enrolled in active service.


 

Article 15

 The following categories shall be exempted from performing active service:
  1. Designees who prove, upon a medical examination, to be physically unfit for service in accordance with the requirements of medical fitness applicable to active service;
  2. Being the only son of parents or of a father or mother. A person shall also be deemed an only son if he has one brother who is certified by the competent medical committee as suffering from an illness that prevents him from performing active service himself;
  3. A designee who is the family provider from among the children of a soldier, reservist or conscript who dies or is discharged for illness, injury, disability or handicap resulting from or because of military service. Total incapacitation in this case shall be deemed equivalent to death;
  4. A family provider who is the son of a martyr.


 

Chapter Four: Deferment of Active service

Article 16

1.       Active service shall be deferred for a renewable one-year period for each of the following categories:
  1. Being the only provider (breadwinner) for his parents or for his father, provided that the father is medically incapacitated or incapable of earning a living; 
  2. Being the only provider (breadwinner)for his mother, if she is widow or irrevocably divorced or if her husband is medically incapacitated or incapable of earning a living; 
  3. Being the only provider (breadwinner)for his brother or brothers who are incapable of earning or have not reached the age of eighteen, or for his sisters if they are unmarried; 
  4. A designee who, upon the resolution of the competent medical committee, is proven to suffer from a disability, handicap or illness which temporarily prevents him from active service, pursuant to the requirements of medical fitness applicable to service; 
  5. Being one of the two sons of his parents or a father or mother, if any of them has two sons of the age of conscription;
  6. Being the provider (breadwinner) for the children of a captive or missing soldier until he returns or a verdict is issued confirming that he is missing;
  7. A person whose only wife has died, has minor children, and did not marry another woman.
  1. Where a person has been sentenced to a freedom-restricting sanction, active service shall be deferred for the duration of the execution of the sentence. The same shall apply to a person under provisional custody.
  2. The cases of deferment specified in this Article shall be applied to a conscript during active service whenever he meets the conditions for deferment.  


 

Article 17

 Active service shall be deferred for one renewable year for high school students and above, or their equivalent, within the State or abroad, until the completion of their studies according to the following conditions:
  1. A student shall not be enrolled in night school or complete his studies by correspondence or affiliation;
  2. He shall be a regular student and shall not have discontinued his study or been expelled therefrom;
  3. The age categories shall not exceed the following:
  1. Twenty-one years for secondary school study;
  2. Twenty-five years for study at pre-university institutes after obtaining a secondary school certificate;
  3. Twenty-eight years for study in universities.
  1. Where a student attains the aforesaid maximum age during the school year, his conscription shall remain deferred until the end of that year.
  2. In all cases, deferment shall be repealed in the event of his expulsion from secondary or university study.  


 

Article 18

1.       Upon a resolution of the Commander-in-Chief or his authorised representative, active service may be deferred for graduates of universities and institutes of higher education, for graduates of institutes below the university level after the high school certificate (HSC), and for students delegated to study at the State's or at their own expense, whether they are inside or outside the country, until the end of the study or the attainment of the age of thirty-three, whichever is sooner.
  1. Active service may also be deferred for graduates of colleges and institutes if the nature of their study requires a period of training after obtaining the qualification, in accordance with the controls issued by a resolution of the Commander-in-Chief or his authorised representative.


 

Article 19

 The Supreme Education Council (SEC) shall undertake annually to provide the Ministry with the following:
  1. The names of students who are studying, who have suspended their enrolment, who have been expelled, and who have completed their studies;
  2. The names of students in their final year of secondary school;
  3. Any change in the status of the students referred to above.


 

Article 20

 Upon a resolution of the Commander-in-Chief or his authorised representative, the service of a designee accompanying his wife to study abroad at the State's or her own expense may be deferred for two years, renewable for a maximum of four years, provided that the designee is not older than thirty-three years.


 

Article 21

 Upon a resolution of the Commander-in-Chief or his authorised representative, the service of a designee who is a candidate for appointment to the organs of the State may be deferred for a period not exceeding one year or until the issuance of a resolution of appointment, whichever is earlier, provided that the designee has not reached thirty-three years of age.


 

Article 22

 Upon the abatement of the reason for deferment prescribed in accordance with the provisions of this chapter, the person concerned shall submit himself to the Authority within thirty days from the date of such abatement.


 

Article 23

 Upon a resolution of the Commander-in-Chief or his authorised representative, a single batch may be divided into several batches, and the recruitment of some batches may be deferred, in accordance with the requirements of the public interest.


 

Article 24

 In case of war or general mobilization or a declaration of martial law, the deferment of active service may be annulled for some or all of the categories set forth in this chapter, upon a resolution of the Commander-in-Chief or his authorised representative.


 

Chapter Five: Demobilization from Active Service

Article 25

1.       A conscript shall be discharged if he completed his active service. However, in a state of war or general mobilization or declaration of martial law, the conscript may be retained until the end of such conditions.
  1. A conscript shall also be discharged if proven to be unfit for active service due to health reasons, on the basis of the resolution of the competent medical committee.


 

Article 26

1.       The demobilization of a conscript from service shall be deferred where his service ends while he is undergoing treatment or he is on sick leave due to illness or injury that was caused or aggravated because of service, unless the conscript submits a written request for termination of service.
  1. The duration of the deferment of demobilization shall be deemed part of the period of actual reserve service.


 

Article 27

 A conscript whose active service ends while he is a captive or missing in action shall be deemed equivalent to a reservist who is called up to carry out actual reserve service.


 

Part Three: Reserve Service

Chapter One: Transfer to Reserve Service

Article 28

 Conscripts of various categories shall be transferred to reserve service after the end of their active service. Reservists shall be assigned to the reserve for a period of ten years or until they reach the age of forty, whichever is sooner.  


 

Article 29

1.       Some or all of those transferred to reserve service may be called up for actual reserve service in the armed forces in the following cases:
  1. For training purposes for a period not exceeding fifteen days;
  2. In case of a declaration of general mobilization;
  3.  In case of war or a declaration of martial law.
  1. Call-ups in respect of subparagraphs (a) and (b) above shall be by virtue of a resolution of the Commander-in-Chief or his authorised representative, and by virtue of an Emiri Order in respect of subparagraph (c).


 

Chapter Two: Exclusion, Exemption and Deferment of Reserve Service

Article 30

 The following categories shall be excluded from reserve service:
 
  1. Categories set forth in Article 14 of this Law;
  2. The staff of government and non-governmental bodies, upon the request of the Minister or competent chairperson, as the case may be, in accordance with the work requirements of their employer, and after the approval of the Commander-in-Chief or his authorised representative.


 

Article 31

 The categories set forth in Article 15 of this Law shall be exempt from reserve service


 

Article 32

 The call-up for performance of actual reserve service may be deferred according to the requirements of the public interest for the categories whose nature of work in government or non-governmental bodies so requires, pursuant to the controls issued by virtue of a resolution of the Commander-in-Chief or his authorised representative.  


 

Article 33

 Upon a resolution of the Commander-in-Chief or his authorised representative, the called-up reservists may be retained by their employer according to the requirements of the public interest. The said retention shall be deemed a performance of actual reserve service. 


 

Chapter Three: End of Reserve Service and Demobilization Therefrom

Article 34

 Reserve service shall end in the following cases:
 
  1. Lapse of time or reaching the age stipulated in Article 28 of this Law;
  2. Proven medical unfitness to perform this service;
  3. Where the reservist becomes the only son of his parents, his father or mother, or becomes responsible for his minor brothers;
  4. Based on the requirements of the public interest or national security considerations;
  5. Loss of Qatari citizenship;
  6. Death.

 


 

Article 35

 A reservist shall be demobilized from actual reserve service by virtue of a resolution of the Chief of Staff upon the abatement of the reasons for calling him up.


 

Part 4 Rights and Guarantees

Article 36


 The period and manner of granting leave to conscripts and reservists during actual service shall be determined by virtue of a resolution of the Commander-in-Chief or his authorised representative.


 

Article 37


1.       Governmental and non-governmental bodies shall retain the positions or jobs of those among their employees or staff called up to perform active or actual reserve service for the entire duration of their presence in active service, and shall grant them their due bonuses and promotions. The aforesaid period shall be included in the calculation of the pension or benefit.
  1. Government bodies shall undertake disbursement of the difference between the salary and due bonus of the called-up employees affiliated to them, while the Ministry shall undertake disbursement of the aforesaid difference for respondents employed in non-governmental entities.
  2. In all cases, the employee must resume work within fifteen days from the date of termination of his actual service. Where the employee fails to proceed with his work during the said period without an acceptable excuse, his employer may take the legally prescribed measures.


 

Article 38


 Where an employee is hired on probation, his period of conscript or reservist service shall be considered for the purpose of tenure. The employee's service in the event of war shall be calculated as double the actual period for the purposes of retirement if he led his service in a unit specified by the Armed Forces GHQ.


 

Article 39


 A conscript or reservist on active service shall not be precluded from exercising his right to vote.  


 

Article 40


تُعتبر إصابة المُسرح بعجز أثناء الخدمة الفعلية، في حكم إصابة العمل، وتسري بشأنها كافة الأحكام المقررة قانوناً.


 

Article 41


 The legal provisions regulating military service shall apply to indemnity for injury or death while performing active service or actual reserve service.


 

Article 42


1.       The state ministries and other government agencies and public institutions shall allocate offices to follow up on the situation of the target audience of the provisions of this Law, while non-governmental entities shall prepare the relevant records.
  1. A resolution shall be issued by the Commander-in-Chief or his authorised representative to regulate the offices and records referred to in the preceding paragraph and to identify the data to be entered therein and the mechanism for the inspection thereof.


 

Part 5 Sanctions

Article 43


 Without prejudice to any greater penalty provided for by any other law, a sentence of imprisonment for a period of not less than one month and not more than one year, or a fine of not more than twenty thousand Riyals (QR 20,000), or both, shall be imposed on any person convicted of:
  1. Presenting another person in his stead at one of the prescribed tests or sending another person to perform service in his stead;
  2. Presenting false details or forged documents to serve as a reason for deferment, exclusion or exemption from service;
  3. Causing a disfigurement to his body, whether by himself or through others, with the intention of defaulting on performing his service;
  4. Contributing to or participating in concealing a person with a view to the non-performance of active service or actual reserve service or the unauthorized deferment thereof. The said provision shall not, however, apply to the designee's parents, sister or wife. 


 

Article 44


 Without prejudice to any greater penalty provided for by any other law, a sentence of imprisonment for a term not exceeding one year, or a fine not exceeding fifty thousand Riyals (QR 50,000), or both, shall be imposed on any designee who fails without an acceptable excuse to enrol in active service until his age exceeds the age of conscription.


 

Article 45


1.       Without prejudice to any greater penalty provided for by any other law, a sentence of imprisonment for a period not exceeding one month, or a fine of not more than five thousand Riyals (QR 5,000), or both, shall be imposed on any person who fails without an acceptable excuse to enrol for national service within one month if he is inside Qatar, and within two months if he is outside Qatar, from the date on which his batch is called up for recruitment, or from the date of abatement of the reason for deferment or exclusion.
  1. Where the said offence occurs in the case of a general mobilization or declaration of martial law, the sentence shall be imprisonment for a period not exceeding one month, or a fine of not more than ten thousand Riyals (QR10,000), or both.
  2. Where the aforesaid offence occurs during a state of war, the sentence shall be imprisonment for not less than one month and not more than six months.
In all cases, the sentence may be suspended if the violator joins the service of his own accord within three days following the expiration of the time limit for deeming him a draft evader (truant).


 

Article 46


 Neither criminal prosecution for the offence of failing to perform national service nor the sentence prescribed for a conviction shall lapse upon prescription.


 

Part 6: General Provisions

Article 47


A body called the “National Service Authority” shall be established in the Ministry to undertake the implementation of the provisions of this Law. The formation, organisation and competencies of the Authority shall be determined by a resolution issued by the Commander-in-Chief or his authorised representative.


 

Article 48


1.        A conscript shall be deemed a military person from his enrolment in active service until his discharge. A reservist shall be deemed a military person from the time he is called up for actual reserve service until his discharge.
  1. The description “reserve” shall accompany all ranks obtained by the reservist during service, in accordance with the provisions of the aforesaid Military Service Law insofar as it does not conflict with this Law.


 

Article 49


 The Commander-in-Chief or his authorised representative shall issue the bylaws, orders and resolutions necessary for the implementation of the provisions of this Law, and in particular the following:
  1. Implementing procedures for calling up designees and communicating the call-up through all means of media, advertising and interviews;
  2. Establishing committees to conduct tests relating to the requirements of medical fitness for active service;
  3. Organising training courses, mandatory education courses and military courses for conscripts and reservists;
  4. Determining the salaries, bonuses and financial dues of conscripts during recruitment;
  5. Determining the duties and prohibitions of conscripts and reservists, as well as the mechanisms for investigating and disciplining them and the sanctions that may be imposed on them;
  6. Determining grievance procedures of designees or conscripts against recruitment resolutions, and the mechanism for reaching decisions on appeals;
  7. Procedures for allowing a designee to leave the country;
  8. Organising conscripts' records and determining their details;
  9. Adopting models for certificates of performance of active and actual reserve service as well as certificates of exclusion, exemption and deferment of service.


 

Article 50


 All competent authorities, each within its jurisdiction, shall enforce this Law, which shall be published in the Official Gazette.


 


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