Decree No. 9 on the special circumstances for serving the national resistance war

DECREE

Number 09 dated January 29, 1947

CHAIRMAN OF THE COUNCIL OF MINISTERS

Considering the special circumstances of the nationwide resistance war,

In accordance with Decree No. 13 dated January 14, 1946 and Decree No. 42 dated April 3, 1946 establishing procedures for prosecuting officials at all levels within the Government and administrative and judicial agencies,

In accordance with the directive on organizing the government and the directive on organizing the judiciary under special circumstances,

In accordance with the proposals of the Ministers of Interior, National Defense, and Justice,

After the Council of Ministers had agreed and after consulting the Standing Committee of the National Assembly,

ISSUES THE DECREE:

Article 1

- During the resistance period, Decrees No. 13 dated January 14, 1946, Section B, and No. 42 dated April 3, 1946 will be temporarily suspended from implementation.

The arrest, detention, and prosecution of the officials mentioned in those two decrees and members of the Resistance Committees shall follow the following procedures:

Article 2

- No one may arrest or detain

a) The Chairman of the Standing Committee of the National Assembly, a Minister or Deputy Minister without the consent of the Chairman of the Council of Ministers;

b) A Chairman of the Administrative Committee of a Province, if not previously approved by the Minister of Interior.

An official of the Resistance Committee in a region, if not previously approved by the Ministers of National Defense and Interior.

A Chief Prosecutor or Director of Justice in a region, if not previously approved by the Minister of Justice.

c) A member of the National Assembly, a judge, a Chairman of the Administrative Committee of a Province, an official of the Resistance Committee in a Province, if not previously approved by the Resistance Committee in a region.

Particularly regarding judges, before making a decision, the Resistance Committee in a region must seek the opinion of the Director of Justice in the region.

Particularly regarding members of the National Assembly, after deciding to detain, the Resistance Committee in a region must immediately inform the Standing Committee of the National Assembly.

The Resistance Committee in a region, after seeking the opinion of the Director of the region, may delegate the Resistance Committee in a Province to issue an arrest warrant for a first-level judge in the Province who has committed a crime, but before issuing the warrant, the Resistance Committee in a Province must seek the opinion of the District Prosecutor.

Article 3

- Regarding minor offenses or serious crimes, complaints or accusations

a) The Chairman of the Standing Committee of the National Assembly, a Minister or Deputy Minister must submit them to the Chairman of the Council of Ministers of Vietnam.

b) A Chairman of the Administrative Committee of a Province, an official in the Resistance Committee in a region, a Chief Prosecutor or Director of Justice in a region, must submit them to the Minister of Interior.

c) A member of the National Assembly, a Chairman of the Administrative Committee of a Province, an official in the Resistance Committee in a Province, a relative, must submit them to the Resistance Committee in a region.

If any other administrative or judicial agency receives a complaint or accusation, it must directly forward it to the Chairman of the Council of Ministers of Vietnam, the Minister of Interior, National Defense, or Justice, or the Resistance Committee in a region, depending on the situation.

Article 4

- The Chairman of the Council of Ministers of Vietnam, the Minister of Interior, the Minister of National Defense, the Minister of Justice, the Resistance Committee in a region may entrust the Chief Prosecutor of the High Court or the Director of Justice in the region (or the District Prosecutor if it is a first-level judge) to conduct preliminary investigations and then decide whether to prosecute before the court.

If the offender is a Minister or Deputy Minister, it must be approved by the Council of Ministers, if it is the Chairman of the Standing Committee of the National Assembly, it must be approved by the Standing Committee of the National Assembly, before being prosecuted.

If it is a judge, the Resistance Committee in a region must seek the opinion of the Director of Justice before making a decision to prosecute before the court.

Article 5

- If prosecution is deemed necessary,

a) Members of the National Assembly, Chairmen of the Administrative Committees of Provinces, officials of the Resistance Committees in Provinces, and judges will be brought before the court for trial according to the usual procedure applicable before courts, which must include two lay assessors and two professional assessors.

Particularly regarding Chairmen of the Administrative Committees of Provinces, officials of the Resistance Committees in Provinces, and judges, the court will be designated by the Director of Justice among the courts in the region, but cannot be the Provincial Court where the accused currently works.

b) Ministers or Deputy Ministers, Chairmen of the Standing Committee of the National Assembly, Chairmen of the Resistance Committees in regions, Directors of Justice in regions, must be brought before the High Court where the offense was discovered, with all chambers convening for the trial.

In exceptional cases, if the High Court is temporarily suspended, it will be tried before a Special Court.

The Special Court consists of:

The Minister of Justice or another Minister (if the Minister of Justice is involved in the offense), appointed by the Chairman of the Council of Ministers to serve as the Chief Judge, the Minister of Justice may delegate the Chief Prosecutor to serve as the Chief Judge of the Special Court.

Two Directors of Justice in regions, appointed by the Minister of Justice to serve as assessors.

Two Chairmen of the Resistance Committees in regions or their representatives, appointed by the Ministers of National Defense and Interior to serve as associate judges.

The Chief Prosecutor or a representative judge serves as the prosecutor.

A clerk chosen from among the clerks of second-level courts serves as the clerk.

Once receiving the indictment order, the Chief Prosecutor or representative judge initiates the prosecution. The Chief Judge of the High Court or the Chief Judge of the Special Court will either determine or appoint a judge to conduct the investigation.

The High Court or the Special Court will conduct the final judgment and apply the procedure used by the High Court when trying capital offenses.

Article 6

In cases of immediate detection of a serious or minor offense, the judicial police officer responsible for the place where the offense occurred has the right to immediately investigate to prevent evidence from being destroyed and must transfer the suspect and evidence to the District Prosecutor or Military Court Commissioner within 24 hours. The District Prosecutor or Military Court Commissioner must immediately initiate an investigation, interrogate the defendants and witnesses, and obtain instructions from the officers or agencies mentioned in Article 2. After completing the interrogation, and no later than seven full days from the date of receipt of the report from the judicial police officer, if there is no agreement from the officers or agencies mentioned in Article 2, the defendant must be released on bail.

In cases where the defendant is also the District Prosecutor or Military Court Commissioner, the Chief Judge of the ordinary court or Military Court has the right to conduct such an investigation.

Article 7

- This decree shall apply to all matters that have occurred before the date this decree is signed and have not yet been adjudicated.

Article 8

- The Minister of National Defense, Interior, and Justice shall promulgate the decree for implementation.