Ordinance No. 04/2002/PL-UBTVQH11 on the Organization of Military Courts

ORDINANCE

Military Court Organization 

Based on the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th Session of the 10th National Assembly;

Based on the Law on Organization of People's Courts;

This Ordinance stipulates the organization and operation of military courts,

 

PART I

GENERAL PROVISIONS

Article 1. Military courts are judicial organs of the Socialist Republic of Vietnam within the system of people's courts organized within the Military.

Within their functions, military courts have the duty to protect socialist rule of law; protect the socialist regime and the people's right to mastery; protect national defense security, discipline, and combat strength of the Military; protect state property, collective property; protect the lives, health, property, freedom, honor, and dignity of military personnel, civil servants, defense workers, and other citizens.

Through their activities, military courts contribute to educating military personnel, civil servants, defense workers to be loyal to the country, strictly comply with laws and regulations of the Military, respect social life rules, and enhance awareness of preventing and combating crime and other violations of law.

Article 2

1. Military courts include:

a) Central Military Court;

b) Military Regional Courts and equivalents;

c) Military Area Courts.

2. Based on the tasks and organization of the Military, the Standing Committee of the National Assembly decides to establish or dissolve Military Regional Courts and equivalents, Military Area Courts upon the proposal of the Chief Justice of the Supreme People's Court after consultation with the Minister of Defense.

Article 3. Military courts have jurisdiction over criminal cases where the defendant is:

1. Active-duty military personnel, civil servants, defense workers, military reservists during concentrated training or combat readiness inspection; civilian militia and self-defense forces attached to the Military for combat or support services, and individuals directly managed by military units for military service;

2. Individuals not falling under the categories specified in Clause 1 of this Article but commit crimes related to military secrets or causing damage to the Military.

Article 4. For those who are no longer serving in the Military but whose criminal acts were committed while serving in the Military, or those currently serving in the Military whose criminal acts were committed before joining the Military, the Military Court will try crimes related to military secrets or causing damage to the Military; other crimes will be tried by the People's Courts.

Article 5. In cases where the case involves defendants or crimes within the jurisdiction of both the Military Court and the People's Court, the jurisdiction shall be exercised as follows:

1. If it is possible to separate the case, the Military Court will try defendants and crimes as prescribed in Clause 1 of Article 3 and Article 4 of this Ordinance; other defendants and crimes within the jurisdiction of the People's Court;

2. If it is not possible to separate the case, the Military Court will try the entire case.

Article 6. The appointment system for Judges applies to military courts.

The system of appointing military lay judges applies to Military Regional Courts and equivalents, and Military Area Courts.

Article 7. The trial by Military Regional Courts and equivalents, and Military Area Courts with participation of military lay judges shall be conducted in accordance with procedural law. When trying cases, military lay judges are equal to judges.

Article 8. During trials, judges and military lay judges are independent and only follow the law.

Article 9. The Military Court tries collectively and decides by majority.

The composition of the Trial Council at each level of trial is prescribed by procedural law.

Article 10. The Military Court conducts public trials, except in cases where secret trials are necessary to maintain state secrets, military secrets, ethnic customs, or to keep the secrets of the parties according to their legitimate requests.

Article 11. The Military Court conducts trials based on the principle that all citizens are equal before the law, without distinction of gender, ethnicity, belief, religion, social status, or social position; individuals, agencies, organizations, armed forces, and production and business establishments of all economic sectors are equal before the law.

Article 12. The Military Court ensures the right of defense for the accused and the right to protect the rights and legitimate interests of the parties.

Article 13. The Military Court ensures the right of participants in proceedings to use their own ethnic language and script before the court.

Article 14

1. The Military Court implements a two-tier trial system.

Decisions of the Military Court at first instance may be appealed or protested in accordance with procedural law.

First-instance decisions that are not appealed or protested within the time limit prescribed by law become legally binding. For first-instance decisions that are appealed or protested, the case must be reviewed at second instance. Second-instance decisions become legally binding.

2. For decisions of the Military Court that have become legally binding and are found to violate the law or contain new circumstances, they may be reconsidered through the cassation or retrial procedures prescribed by procedural law.

Article 15. Decisions of the Military Court that have become legally binding must be respected by armed forces units, state agencies, political organizations, political-social organizations, social organizations, occupational associations, and all individuals.

Individuals, units, agencies, and organizations obligated to enforce decisions of the Military Court must strictly comply.

Within their functions, agencies and organizations entrusted with the task of enforcing decisions of the Military Court must strictly enforce and bear responsibility under the law for the performance of such tasks.

Article 16. In cases where necessary, along with issuing judgments and decisions, the Military Court shall issue recommendations requesting the heads of military units, agencies, and relevant organizations to apply measures to address the causes and conditions that give rise to criminal offenses or violations of the law within their units, agencies, or organizations. The heads of military units, agencies, and organizations receiving such recommendations shall be responsible for studying and implementing them, and within thirty days from the date of receipt of the recommendation, they must notify the Military Court of the implementation.

Article 17. The Military Court shall cooperate with military units, agencies, and organizations in enhancing the educational impact of court sessions and creating favorable conditions for the enforcement of judgments and decisions of the Military Court.

Article 18. The Military Court, together with the Military Procuracy, the Criminal Investigation Agency of the Army, the Security Agency of the Army, and other relevant agencies, shall study and implement policies and measures aimed at preventing and combating criminal offenses and other violations of the law.

Article 19. The Political Department of the Military Region and equivalent bodies shall organize a meeting of representatives of military personnel in their own units and those stationed in their jurisdiction once a year to hear reports on the activities of the Military Court at the same level and answer questions raised by the representatives.

The Military Court shall be responsible for responding to inquiries from People's Council representatives regarding the activities of the Military Court related to the locality.

Article 20. The Supreme People's Court manages the Military Courts in terms of organization, closely coordinating with the Ministry of National Defense.

The regulations on cooperation between the Supreme People's Court and the Ministry of National Defense in managing the Military Courts in terms of organization shall be stipulated by the President of the Supreme People's Court to be submitted to the Standing Committee of the National Assembly for approval.

Chapter II

ORGANIZATION, DUTIES, AND POWERS OF MILITARY COURTS AT ALL LEVELS

Section 1 THE CENTRAL MILITARY COURT

Article 21

1. The Central Military Court belongs to the organizational structure of the Supreme People's Court.

2. The organizational structure of the Central Military Court includes:

a) The Board of Judges of the Central Military Court;

b) The Appellate Courts of the Central Military Court;

c) Administrative support staff.

3. The Central Military Court has a Chief Judge, Deputy Chief Judges, Judges, and Court Secretaries.

Article 22

1. The Central Military Court has the authority to adjudicate:

a) Appeals against criminal cases whose judgments and decisions have not yet taken legal effect from lower-level Military Courts according to the provisions of procedural law;

b) Reconsideration and retrial of criminal cases whose judgments and decisions have taken legal effect from lower-level Military Courts according to the provisions of procedural law.

2. The Central Military Court supervises the adjudication work of lower-level Military Courts.

Article 23

1. The Board of Judges of the Central Military Court consists of:

a) The Chief Judge and Deputy Chief Judges of the Central Military Court;

b) A number of Judges of the Central Military Court appointed by the Chief Judge of the Supreme People's Court upon the proposal of the Chief Judge of the Central Military Court. The total number of members of the Board of Judges of the Central Military Court shall not exceed seven people.

2. The Board of Judges of the Central Military Court has the following duties and powers:

a) Based on the Resolution of the Board of Judges of the Supreme People's Court, provide specific guidance on the uniform application of laws in Military Courts;

b) Summarize the experience of adjudication in Military Courts;

c) Approve the report of the Chief Judge of the Central Military Court on the work of Military Courts to report to the Chief Judge of the Supreme People's Court and the Minister of National Defense.

3. Sessions of the Board of Judges of the Central Military Court must have at least two-thirds of its members present. Decisions of the Board of Judges of the Central Military Court must be approved by more than half of the total number of members voting in favor.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. The Chief Judge of the Central Military Court has the following duties and powers:

a) Organize adjudication work;

b) Chair meetings of the Board of Judges of the Central Military Court;

c) File appeals against judgments and decisions that have taken legal effect from lower-level Military Courts according to the provisions of procedural law;

d) Organize professional training for Judges, Military Lay Judges, and staff of Military Courts;

đ) Organize inspections of the work of lower-level Military Courts;

e) Report on the work of Military Courts to the Chief Judge of the Supreme People's Court and the Minister of National Defense;

g) Perform other tasks as prescribed by law.

2. Deputy Chief Judges of the Central Military Court assist the Chief Judge in performing tasks as assigned by the Chief Judge. When the Chief Judge is absent, a Deputy Chief Judge designated by the Chief Judge shall lead the court's work. Deputy Chief Judges are accountable to the Chief Judge for the tasks assigned to them.

Section 2

MILITARY COURTS OF MILITARY REGIONS AND EQUIVALENT BODIES

Article 25

1. The organizational structure of Military Courts of Military Regions and Equivalent Bodies includes:

a) The Board of Judges;

b) Administrative support staff.

2. Military Courts of Military Regions and Equivalent Bodies have a Chief Judge, Deputy Chief Judges, Judges, Military Lay Judges, and Court Secretaries.

Article 26. Military Courts of Military Regions and Equivalent Bodies have the authority to adjudicate:

1. First-instance criminal cases not within the jurisdiction of Military Courts of Military Zones and first-instance criminal cases within the jurisdiction of Military Courts of Military Zones but taken up by Military Courts of Military Regions and Equivalent Bodies for adjudication;

2. Appeals against criminal cases whose judgments and decisions have not yet taken legal effect from lower-level Military Courts according to the provisions of procedural law;

3. Reconsideration and retrial of criminal cases whose judgments and decisions have taken legal effect from lower-level Military Courts according to the provisions of procedural law;

4. Resolve other matters as prescribed by law.

Article 27

1. The Board of Judges of Military Courts of Military Regions and Equivalent Bodies consists of:

a) The Chief Judge and Deputy Chief Judges of Military Courts of Military Regions and Equivalent Bodies;

b) A number of Judges of Military Courts of Military Regions and Equivalent Bodies appointed by the Chief Judge of the Central Military Court upon the proposal of the Chief Judge of Military Courts of Military Regions and Equivalent Bodies. The total number of members of the Board of Judges of Military Courts of Military Regions and Equivalent Bodies shall not exceed five people.

2. The Board of Judges of Military Courts of Military Regions and Equivalent Bodies has the following duties and powers:

a) Review and retry criminal cases where judgments and decisions that have become legally binding from lower military courts are protested according to the provisions of the procedural law;

b) Ensure the uniform application of laws at their own level and at lower military courts;

c) Summarize trial experience;

d) Approve reports from the Chief Judge of Military Courts in Military Zones and equivalents regarding the work of military courts within those zones for reporting to the Chief Judge of the Central Military Court, Commanders of Military Zones and equivalents;

3. Meetings of the Judicial Committee of Military Courts in Military Zones and equivalents must have at least two-thirds of the total number of members participating. Decisions of the Judicial Committee of Military Courts in Military Zones and equivalents must be approved by more than half of the total number of members voting in favor;

Article 28

1. The Chief Judge of Military Courts in Military Zones and equivalents has the following duties and powers:

a) Organize adjudication work;

b) Chair meetings of the Judicial Committee of Military Courts in Military Zones and equivalents;

c) File appeals against judgments and decisions that have taken legal effect from lower-level Military Courts according to the provisions of procedural law;

d) Organize the inspection of the work of lower military courts;

đ) Organize professional training for judges, military jurors, and court staff at their own level and at lower military courts;

e) Report on the work of military courts within Military Zones and equivalents to the Chief Judge of the Central Military Court, Commanders of Military Zones and equivalents;

g) Perform other tasks as prescribed by law.

2. Deputy Chief Judges assist the Chief Judge in performing tasks as assigned by the Chief Judge. In the absence of the Chief Judge, a Deputy Chief Judge appointed by the Chief Judge shall lead the court's operations. Deputy Chief Judges are responsible to the Chief Judge for the tasks assigned;

Section 3. MILITARY COURTS IN MILITARY ZONES

Article 29

1. Military Courts in Military Zones have a Chief Judge, Deputy Chief Judge, Judge, Military Juror, and Court Clerk. Military Courts in Military Zones have administrative support staff;

2. Military Courts in Military Zones have jurisdiction to conduct first-instance trials of criminal cases involving offenses as prescribed in the Criminal Procedure Code where the accused had a rank no higher than Colonel at the time of the offense or indictment, or held a position no higher than Regiment Commander or equivalent; resolve other matters as prescribed by law;

Article 30.

1. The Chief Judge of Military Courts in Military Zones has the following duties and powers:

a) Organize adjudication work;

b) Report on the work of Military Courts in Military Zones to the Chief Judge of the Higher Military Court;

c) Perform other tasks as prescribed by law;

2. Deputy Chief Judges assist the Chief Judge in performing tasks as assigned by the Chief Judge and are responsible to the Chief Judge for the tasks assigned;

Chapter III

JUDGES AND MILITARY JURORS

Article 31

1. Active-duty officers who meet the criteria stipulated in the Ordinance on Judges and Lay Judges of Civil Courts may be selected and appointed as Judges of Military Courts in Military Zones, Judges of Military Courts in Military Zones, or Judges of the Central Military Court;

2. Active-duty military personnel, civil servants, and defense workers who meet the criteria stipulated in the Ordinance on Judges and Lay Judges of Civil Courts may be appointed as Military Jurors of Military Courts in Military Zones or Military Jurors of Military Courts in Military Zones and equivalents;

Article 32. Procedures for selecting, appointing, relieving, and dismissing Judges; procedures for appointing, relieving, and removing Military Jurors; rights and obligations of Judges and Military Jurors; terms of office of Judges and Military Jurors of each level of Military Courts are implemented according to the Ordinance on Judges and Lay Judges of Civil Courts;

Article 33. Judges and Military Jurors are responsible under the law for the performance of their duties and powers and must maintain confidentiality in accordance with the law; if they commit acts violating the law, they will be subject to disciplinary action or criminal liability according to the nature and severity of the violation as prescribed by law;

Article 34. If Judges and Military Jurors cause damage while performing their duties and powers, the Military Court where they conducted the trial must bear responsibility for compensation, and the Judge or Military Juror causing the damage must compensate the Military Court according to the law;

Article 35

1. The Chief Judge and Deputy Chief Judge of the Central Military Court are appointed, relieved, or dismissed by

2. The Chief Judge and Deputy Chief Judge of Military Courts in Military Zones and equivalents, and Military Courts in Military Zones are appointed, relieved, or dismissed by the Chief Judge of the Supreme People's Court after consultation with the Minister of National Defense;

3. The term of office of the Chief Judge and Deputy Chief Judge of Military Courts at all levels is five years, starting from the date of appointment;

Article 36. The Chief Judge of the Central Military Court is a Deputy Chief Judge of the Supreme People's Court;

Judges of the Central Military Court are Judges of the Supreme People's Court;

Article 37. The number of Judges at each level of Military Courts; the number of Military Jurors at Military Courts in Military Zones and equivalents is determined by the Standing Committee of the National Assembly upon the proposal of the Chief Judge of the Supreme People's Court after consultation with the Minister of National Defense;

The Supreme People's Court after consultation with the Minister of National Defense;

Chapter IV

ENSURING THE OPERATIONS OF MILITARY COURTS

Article 38

1. The total establishment of the Central Military Court and Military Courts in Military Zones and equivalents is determined by the Standing Committee of the National Assembly upon the proposal of the Chief Judge of the Supreme People's Court after consultation with the Minister of National Defense;

2. The Chief Judge of the Supreme People's Court closely coordinates with the Minister of National Defense to establish staffing for each Military Court in Military Zones and equivalents;

Article 39. To ensure that Military Courts can perform their functions and duties, the Minister of National Defense decides;

1. Transfer Judges from one Military Court to another at the same level after consultation with the Chief Judge of the Supreme People's Court;

2. Assign Judges from one Military Court to serve temporarily at another Military Court at the same level;

Article 40. Administrative support staff for the Central Military Court, Military Courts in Military Zones and equivalents is established by the Chief Judge of the Supreme People's Court after consultation with the Minister of National Defense and submitted to the Standing Committee of the National Assembly for approval.

Article 41

1. Military personnel, civil servants, and national defense workers employed at Military Courts shall have rights and obligations according to the regulations of the Military; they shall be entitled to allowances for the Judiciary sector. Judges of Military Courts shall enjoy preferential treatment for Judges as stipulated in the Ordinance on Judges and Lay Assessors of People's Courts.

2. Uniforms and identification cards for military personnel, civil servants, and national defense workers employed at Military Courts shall be regulated by the Standing Committee of the National Assembly.

Article 42 |||

1. The operating budget of Military Courts shall be prepared jointly by the Ministry of National Defense and the Supreme People's Court and proposed to the Government for submission to the National Assembly for decision.

2. Management, allocation, and utilization of funds shall be carried out in accordance with the laws on state budget.

3. The State shall prioritize investment in the development of information technology and other means to ensure that Military Courts fulfill their functions and tasks effectively.

Article 43. Security forces within the Military shall be responsible for guarding defendants, escorting defendants to court sessions, protecting court sessions, and safeguarding the workplaces of Military Courts.

Chapter V

IMPLEMENTATION PROVISIONS

Article 44. This Ordinance shall take effect from November 15, 2002.

This Ordinance replaces the Ordinance on the Organization of Military Courts dated April 19, 1993. All previous provisions contrary to this Ordinance are hereby abolished.

Article 45. The Government and the Supreme People's Court within the scope of their functions and duties shall be responsible for guiding the implementation of this Ordinance./.