| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 04/2002/PL-UBTVQH11 | Hanoi, November 04, 2002 |
ORDINANCE
ON ORGANIZATION OF THE MILITARY COURTS
(No. 04/2002/PL-UBTVQH11 of November 4, 2002)
(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.
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.
Article 2.-
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.
Article 5.- Where a case involves defendants or criminals who are under the adjudicating jurisdiction of military courts and defendants or criminals who are under the adjudicating jurisdiction of people’s courts, the adjudicating jurisdiction shall be exercised as follows:
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.
