Decree No. 155/SL organizing military courts in the joint zones

DECREE-LAW

OF THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

NO. 155/SL DATED NOVEMBER 17, 1950

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Pursuant to Decree-Law No. 21 dated February 14, 1946, amended by Decree-Law No. 170 dated April 14, 1948 on the organization of military courts;

Pursuant to the proposals of the Ministers of Interior Affairs, National Defense, and Justice;

In accordance with the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly;

ISSUES THE FOLLOWING DECREE-LAW:

Article 1: Military courts are hereby established in each military zone.

Existing military courts that do not conform to this decree-law shall be abolished.

Article 2: In special cases, the Ministry of Justice may issue a decision upon the proposal of the Anti-French Resistance Administration of the Military Zone and the Director of Justice of the Military Zone to establish branch courts. Each branch court is responsible for one or more provinces within the military zone.

Article 3: The military court of the military zone shall consist of:

- A dedicated chief judge and one or more deputy chief judges appointed by a joint decree of the Ministries of Interior Affairs and Justice.

- A dedicated political assessor and one or more deputy political assessors designated by a joint decree of the Ministries of Interior Affairs, National Defense, and Justice.

The political assessor is selected from members of the Anti-French Resistance Administration at the military zone or provincial level, or from the military. If no suitable candidate can be found within these bodies, individuals outside may be chosen.

- A dedicated professional assessor appointed by a joint decree of the Ministries of Interior Affairs and Justice. The deputy professional assessor is either the chief judge or an associate judge of the people's court in the province where the trial takes place.

- A dedicated public prosecutor and one or more deputy public prosecutors designated by a joint decree of the Ministries of Interior Affairs and Justice. Deputy public prosecutors are selected from district attorneys or heads of provincial police departments within the military zone.

Article 4: When hearing cases, the military court of the military zone or branch courts shall consist of:

- A dedicated chief judge or deputy chief judge;

- A dedicated political assessor or deputy political assessor;

- A dedicated professional assessor or deputy professional assessor; responsible for adjudicating cases;

- A public prosecutor or deputy public prosecutor, responsible for prosecuting.

Article 5: The military court of the military zone shall designate judges and assessors to be in charge of branch courts.

Article 6: The provisions of Decree-Law No. 21 dated February 14, 1946, amended by Decree-Law No. 170 dated April 14, 1948, concerning the jurisdiction of military courts, prosecution procedures, trial proceedings, and enforcement of judgments shall now apply to military courts in the joint zones.

Article 7: Any provisions contrary to this Decree-Law are hereby abolished.

Article 8: The Ministers of Interior, Defense, and Justice shall implement this Decree-Law accordingly.

Ho Chi Minh

(Signed)