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| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 04/2002/PL-UBTVQH11 | Hanoi, November 04, 2002 |
ON ORGANIZATION OF THE MILITARY COURTS
(No. 04/2002/PL-UBTVQH11 of November 4, 2002)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to the Law on Organization of the People’s Courts;
This Ordinance prescribes the organization and operation of the Military Courts.
Within the scope of their functions, the military courts are tasked to protect the socialist legislation; to protect the socialist regime and the people’s mastery; to protect security and defense, discipline and combat strength of the Army; to protect the property of the State and collectives; to protect the lives, health, assets, freedom, honor, dignity of army men, defense employees and workers as well as of other citizens.
Through their activities, the military courts contribute to educating army men, defense employees and workers to be loyal to the Fatherland, to strictly abide by laws and the Army’s regulations, observe the rules of social life and to raise the sense of struggle to prevent and combat crimes as well as other law offenses.
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1. The military courts include:
a) The Central Military Court;
b) The military courts of the military zone and the equivalent level;
c) The regional military courts.
2. Basing itself on the tasks and organization of the Army, the National Assembly Standing committee shall decide to set up or dissolve the military courts of the military zone and the equivalent level, and/or the regional military courts at the proposal of the chief judge of the Supreme People’s Court after reaching agreement with the Minister of Defense.
1. Army men on active service, defense employees or workers, reserve army men being in the period of concentrated training or combat readiness inspection; militia or self-defense personnel detached to the Army for combat or combat services and persons summoned for military tasks and directly managed by army units.
2. The persons other than the subjects prescribed in Clause 1 of this Article, who commit offenses related to military secrets or causing damage to the Army.
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1. Where the case can be separated, the military court shall try the defendants and criminals prescribed at Clause 1, Article 3 and Article 4 of this Ordinance; the other defendants and criminals shall be under the adjudicating jurisdiction of the people�s courts;
2. Where the case cannot be separated, the military court shall adjudicate the entire case.
Article 6.- The regime of judge appointment shall apply to the military courts.
The regime of designation of army men’s jurors shall apply to the military courts of the military zone and equivalent level as well as the regional military courts.
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1. The military courts follow the regime of two-level adjudication.
The first-instance judgements and/or decisions of military courts can be protested against or appealed under the provisions of the procedural legislation.
The first-instance judgements and/or decisions, which are not protested against or appealed within the law-prescribed time limit shall take legal effect. For protested or appealed judgements or decisions, the cases shall be brought to appellate trials. The appellate judgements or decisions shall take legal effect.
2. For judgements and decisions of military courts, which have already taken legal effect but are detected as having violated laws or contained new circumstances, they shall be reviewed according to the supervisory or review order prescribed by procedural legislation.
Individuals, units, agencies and organizations, that are obliged to execute the judgments and/or decisions of military courts, must strictly execute them.
Within their respective functions, agencies and organizations, which are tasked to enforce judgments and/or decisions of military courts, must strictly enforce them and take responsibility before law for the performance of such task.
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The military courts shall have to answer questions of People’s Council deputies about the military courts’ activities related to the localities.
The regulations on the coordination between the Supreme People’s Court and the Ministry of Defense in the organizational management of the military courts shall be submitted by the chief judge of the Supreme People’s Court to the National Assembly Standing Committee for decision.
ORGANIZATION, TASKS AND POWERS OF MILITARY COURTS OF ALL LEVELS
Section I. THE CENTRAL MILITARY COURT
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2. The Central Military Court is organizationally structured to include:
a) The Committee of Judges of the Central Military Court;
b) The appellate courts of the Central Military Court;
c) The assisting apparatus.
3. The Central Military Court consists of the chief judge, deputy-chief judges, judges, clerks.
1. The Central Military Court has powers to conduct:
a) Appellate trials of criminal cases where judgments and/or decisions handed down by the immediate subordinate military courts have not yet taken legal effect but have been protested against and/or appealed under the provisions of the procedural legislation;
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2. The Central Military Court shall supervise the trials by subordinate military courts.
1. The Committee of Judges of the Central Military Court consists of:
a) The chief judge, deputy-chief judges of the Central Military Court;
b) A number of judges of the Central Military Court, who are decided by the chief judge of the Supreme People’s Court at the proposal of the chief judge of the Central Military Court.
The total number of members of the Committee of Judges of the Central Military Court shall not exceed seven.
2. The Committee of Judges of the Central Military Court have the following tasks and powers:
a) To guide in detail the uniform application of law at the military courts, based on the resolutions of the Council of Judges of the Supreme People’s Court.
b) To draw experiences from trials conducted by the military courts;
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3. A meeting of the Committee of Judges of the Central Military Court must be attended by at least two-thirds of the total number of its members. Decisions of the Committee of Judges of the Central Military Court must be approved through voting by more than half of the total number of its members.
1. The chief judge of the Central Military Court has the following tasks and powers:
a) To organize the adjudicating work;
b) To chair meetings of the Committee of Judges of the Central Military Court;
c) To protest according to supervisory procedures against judgments and decisions, which have been handed down by the subordinate military courts and have already taken legal effect, under the provisions of the procedural legislation;
d) To organize professional fostering for judges, army men’s jurors and officials of the military courts;
e) To organize the inspection of activities of the subordinate military courts;
f) To report on the military courts’ activities to the chief judge of the Supreme People’s Court and the Defense Minister;
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2. The deputy-chief judges of the Central Military Court shall assist the chief judge, performing tasks assigned by the chief judge. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to lead Court’s work on the latter�s behalf. The deputy- chief judges take responsibility before the chief judge for their assigned tasks.
Section 2. MILITARY COURTS OF MILITARY ZONE AND EQUIVALENT LEVEL
1. A military-zone or equivalent-level military court is organizationally structured to include:
a) The Judges’ Committee;
b) The assisting apparatus.
2. A military-zone or equivalent-level military court consists of the chief judge, deputy-chief judges, judges, army men’s jurors and clerks
Article 26.- The military courts of the military zone or equivalent level are competent to conduct:
1. First-instance trials of criminal cases not falling under the jurisdiction of the regional military courts and criminal cases which fall under the jurisdiction of the regional military courts but are brought up by the military courts of the military zone or equivalent level for trials;
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3. The supervisory and review trials of criminal cases where the judgments or decisions of subordinate military courts have been protested against under the provisions of the procedural legislation;
4. The settlement of other matters prescribed by law.
1. The Committee of Judges of a military-zone or equivalent-level military court consists of:
a) The chief judge and deputy-chief judges of the military-zone or equivalent-level military court;
b) A number of judges of the military-zone or equivalent-level military court, decided by the chief judge of the Central Military Court at the proposal of the chief judge of the military-zone or equivalent-level military court.
The total number of members of the Committee of Judges of a military court of the military zone or equivalent level shall not exceed five.
2. The Committee of the military-zone or equivalent-level military court has the following tasks and powers:
a) To conduct supervisory and review trials of criminal cases where the judgments or decisions of the subordinate military courts are protested against under the provisions of the procedural legislation;
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c) To draw adjudicating experiences;
d) To adopt reports of the chief judges of the military-zone or equivalent level military courts on activities of the military courts in the military zones or the equivalent for further report to the chief judge of the Central Military Court, the commanders of the military zones or the equivalent.
3. A meeting of the Committee of Judges of the military-zone or equivalent-level military court must be attended by at least two-thirds of the total number of its members. Decisions of the Committee of Judges of the military-zone or equivalent-level military court must be approved through voting by more than half of its members.
a) To organize the adjudicating work;
b) To chair meetings of the Committees of Judges of the military-zone or equivalent-level military courts;
c) To protest according to the supervisory procedures against judgments or decisions of subordinate military courts, which have already taken legal effect, according to the provisions of the procedural legislation;
d) To organize the inspection of activities of the subordinate military courts;
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f) To report on activities of the military courts in the military zones or the equivalent to the chief judge of the Central Military Court, the military-zone or equivalent-level commanders;
g) To perform other work as prescribed by law.
2. The deputy-chief judges shall assist the chief judge, performing tasks assigned by the chief judge. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to lead the court’s work on the latter’s behalf. The deputy-chief judges take responsibility before the chief judge for their assigned tasks.
Section 3. REGIONAL MILITARY COURTS
It has an assisting apparatus.
2. The regional military courts have competence to conduct first-instance trials of criminal cases regarding crimes prescribed in the Penal Code, where the defendants are of lieutenant colonel or lower ranks or hold the post of commander of regiment, equivalent or lower level; to settle other matters as prescribed by law.
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a) To organize the adjudicating work;
b) To report on activities of their regional military courts to the chief judges of their immediate superior military courts;
c) To perform other work as prescribed by law.
2. The deputy-chief judges shall assist the chief judge, performing the tasks assigned by the chief judge and take responsibility before the chief judge for their assigned tasks.
2. Army men on active service, defense employees or workers, who satisfy the conditions prescribed by the Ordinance on Judges and Jurors of the People’s Courts may be designated to be army men’s jurors of regional military courts or army men’s jurors of the military-zone or equivalent-level military courts.
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2. The chief judges and the deputy-chief judges of the military-zone or equivalent-level military courts shall be appointed, removed from office and dismissed by the chief judge of the Supreme People’s Court after reaching agreement with the Defense Minister.
3. The terms of office of the chief judges and deputy-chief judges of the military courts of all level shall be five years, counting from the dates they are appointed.
The judges of the Central Military Court are judges of the Supreme People’s Court.
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ENSURING THE OPERATION OF MILITARY COURTS
2. The chief judge of the Supreme People’s Court shall closely coordinate with the Defense Minister in prescribing the payroll for each military-zone or equivalent-level military court and each regional military court.
1. To transfer judges from one military court to another for the performance of tasks after reaching agreement with the chief judge of the Supreme People’s Court;
2. To dispatch judges from one military court to another of the same level for the performance of tasks within a given time limit.
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The military courts’ judges shall enjoy the preferential regime as prescribed for judges in the Ordinance on Judges and Jurors of the People’s Courts.
2. The uniforms, the identify cards of army men, military employees and workers working at military courts shall be prescribed by the National Assembly Standing Committee.
2. The management, allocation and use of the funding shall comply with the legislation on the State budget.
3. The State shall give priority to the investment in the development of information technology as well as other facilities to ensure that the military courts well fulfill their functions and tasks.
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The previous provisions contrary to this Ordinance are all hereby annulled.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An
- 1Law No. 33/2002/QH10 of April 02, 2002, on organization of the people’s courts
- 2Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 31992 Constitution of the Socialist Republic of Vietnam
Ordinance No.04/2002/PL-UBTVQH11 of November 04, 2002 on organization of The Military Courts
- Số hiệu: 04/2002/PL-UBTVQH11
- Loại văn bản: Pháp lệnh
- Ngày ban hành: 04/11/2002
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nguyễn Văn An
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra