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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
04/2002/PL-UBTVQH11
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Hanoi,
November 04, 2002
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ORDINANCE
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.
Chapter I
GENERAL PROVISIONS
Article 1.- The military
courts are adjudicating bodies of the Socialist Republic of Vietnam, which
belong to the system of people’s courts organized in the Army.
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.
Article 3.- The military
courts are competent to adjudicate criminal cases in which the defendants are:
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.
Article 4.- For persons
who are no longer in the Army but detected as having committed criminal acts while
they were on active service in the Army or persons who are being on active
service in the Army but detected as having committed criminal acts before they
join the Army, the military courts shall adjudicate offenses related to
military secrets or causing damage to the Army; other offenses shall be
adjudicated by people’s courts.
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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.
Article 7.- The
adjudication by the military courts of the military zone and equivalent level,
and the regional military courts shall be participated by army men’s jurors as
provided for by the procedural legislation. In adjudication, the army men’s
jurors are equal in rights with the judges.
Article 8.- When
conducting trials, judges and army men’s jurors are independent and only abide
by laws.
Article 9.- The military
courts conduct trials collectively and make decisions by majority. The
composition of the Board of Juries at each adjudicating level shall be
prescribed by the procedural legislation.
Article 10.- The
military courts shall conduct trials publicly, except for cases of necessity to
conduct trials behind closed doors to protect State secrets, military secrets,
fine traditions and customs of the nation or to keep secrets of the involved
parties at their legitimate requests.
Article 11.- The
military courts shall conduct trials on the principle that all citizens are
equal before law, regardless of sex, nationality, religion, social status,
social position, and that individuals, agencies, organizations, people’s armed
force units and production and/or business establishments of all economic
sectors are all equal before law.
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Article 13.- The
military courts ensure the right of people involved in legal proceedings to use
the speech and scripts of their respective nationalities before court.
Article 14.-
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.
Article 15.- The
military courts’ judgements and decisions, which have already taken legal
effect, must be respected by people’s armed force units, State bodies,
political organizations, socio-political organizations, social organizations,
socio-professional organizations, economic organizations and everyone.
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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Article 17.- The
military courts shall coordinate with people’s armed force units, agencies and
organizations in bringing into full play the educative effect of court sessions
and creating favorable conditions for the enforcement of judgments and
decisions of the military courts.
Article 18.- The
military courts shall, together with the military procuracies, the Army’s
criminal investigation agencies, the Army’s security bodies and other concerned
agencies, study and implement undertakings and measures to prevent and combat
crimes as well as other law offenses.
Article 19.- The
political offices of the military zone and equivalent level shall annually
organize a conference of army men’s delegates in their respective units as well
as units stationing in the localities to hear the military courts of the same
level reporting on their activities and answer questions of delegates.
The military courts shall have to answer
questions of People’s Council deputies about the military courts’ activities
related to the localities.
Article 20.- The
Supreme People’s Court shall organizationally manage the military courts in
close coordination with the Ministry of Defense.
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.
Chapter II
ORGANIZATION, TASKS AND
POWERS OF MILITARY COURTS OF ALL LEVELS
Section I. THE CENTRAL
MILITARY COURT
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1. The Central Military
Court lies within the organizational structure of the Supreme People’s Court.
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.
Article 22.-
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.
Article 23.-
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.
Article 24.-
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
Article 25.-
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.
Article 27.-
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.
Article 28.-
1. The chief judges of
the military-zone or equivalent- level military courts shall have the following
tasks and powers:
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
Article 29.-
1. A regional military
court consists of the chief judge, deputy-chief judges, judges, army men’s
jurors and clerks.
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.
Article 30.-
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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.
Chapter III
JUDGES AND ARMY MEN’S
JURORS
Article 31.-
1. Army officers who are
on active service and satisfy the conditions prescribed by the Ordinance on
Judges and Jurors of the People’s Courts may be selected and appointed to be
judges of regional military courts or judges of military zone- level military
courts or judges of the Central Military Court.
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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Article 33.- Judges and
army men’s jurors shall take responsibility before law for the performance of
their tasks and the exercise of their powers and must keep their work secrets
as provided for by law; if committing acts of law violation, they shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liability under the provisions of law.
Article 34.- If judges
and/or army men’s jurors cause damage while performing their tasks or
exercising their powers, the courts where they perform the adjudicating tasks
shall have to pay the compensations therefor, then the judges and/or army men’
jurors, who have caused the damage, shall have to make the reimbursements to
the military courts according to the provisions of law.
Article 35.-
1. The chief judge, the
deputy-chief judges of the Central Military Court shall be appointed, removed
from office and dismissed by the State President.
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.
Article 36.- The chief
judge of the Central Military Court is a deputy- chief judge of the Supreme
People’s Court.
The judges of the Central Military Court are
judges of the Supreme People’s Court.
Article 37.- The number
of judges of the military courts of each level; the numbers of the army men’s
jurors of the military-zone or equivalent-level military courts and the
regional military courts shall be decided by the National Assembly Standing
Committee at the proposal of the chief judge of the Supreme People’s Court
after reaching agreement with the Defense Minister.
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ENSURING THE OPERATION
OF MILITARY COURTS
Article 38.-
1. The total payroll of
the Central Military Court, the military-zone or equivalent-level military
courts and the regional military courts shall be decided by the National Assembly
Standing Committee at the proposal of the chief judge of the Supreme People’s
Court after reaching agreement with the Defense Minister.
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.
Article 39.- In order
to ensure the performance of their functions and tasks by military courts, the
Defense Minister shall decide:
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.
Article 40.- The
assisting apparatuses of the Central Military Court, the military-zone or
equivalent-level military courts and the regional military courts shall be
prescribed by the chief judge of the Supreme People’s Court after reaching
agreement with the Defense Minister and be submitted to the National Assembly
Standing Committee for approval.
Article 41.-
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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.
Article 42.-
1. The funding for
operation of the military courts shall be estimated by the Ministry of Defense
in coordination with the Supreme People’s Court, which shall request the
Government to submit to the National Assembly for decision.
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.
Article 43.- The Army
guards are tasked to guard against defendants and escort them to court
sessions, protect court sessions and work places of the military courts.
Chapter V
IMPLEMENTATION PROVISIONS
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The previous provisions contrary to this
Ordinance are all hereby annulled.
Article 45.- The
Government, the Supreme People’s Court shall, within the scope of their
functions and tasks, have to guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL
ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An