Vietnam: What is a military court? What offense is required to be tried in a military court?
What is a military court according to Vietnamese regulations?
Pursuant to Clause 1, Article 2 of the Vietnam Law on Organization of People's Courts 2014, the people's courts are as follows:
- People’s courts are the judicial bodies of the Socialist Republic of Vietnam and exercise judicial power.
People’s courts have the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the Vietnam Lawful rights and interests of organizations and individuals.
Through their activities, courts shall contribute to educating citizens in the loyalty to the Fatherland, strict observance of Vietnam Law, respect for rules of social conduct and the sense of struggle to prevent and combat crimes and other violations.
- Regarding military courts, Article 49 of the Vietnam Law on Organization of People's Courts 2014 stipulates the tasks and powers of military courts as follows:
Military courts shall be organized in the Vietnam People’s Army to try cases involving defendants who are in-service army men and other cases prescribed by law.
Vietnam: What is a military court? What offense is required to be tried in a military court?
Who is tried in a military court in Vietnam?
Pursuant to Article 3 of the Ordinance on the Organization of Military Courts 2002, military courts have jurisdiction to hear criminal cases in which the accused are:
- 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.
- The persons other than the subjects prescribed in Clause 1 of this Article of the Ordinance on the Organization of Military Courts 2002, who commit offenses related to military secrets or causing damage to the Army.
What offense is required to be tried in a military court in Vietnam?
Pursuant to Section 1 of Joint Circular 01/2005/TTLT-TANDTC-VKSNDTC-BQP-BCA, subjects to be tried in military courts are as follows:
Mandatory offenders are tried in military courts:
Criminal cases in which offenders are the following subjects fall under the jurisdiction of military courts regardless of what crime they committed and where they committed it:
- Active military personnel include officers, non-commissioned officers, soldiers and professional soldiers specified in the Vietnam Law on Military Service and the Vietnam Law on Officers of the Vietnam People's Army;
- Defense civil servants include those recruited to serve in the Army or from transferred officers and directly managed by military enterprise units in accordance with the Vietnam Law on cadres and civil servants and the Vietnam Law on Officers of the Vietnam People's Army;
- Defense workers include:
+ Citizens recruited on the payroll of military units and enterprises;
+ Citizens with indefinite-term labor contracts in military units and enterprises, if they commit crimes while performing defense tasks under the contract;
- Reservists during training, exercises or inspection of mobilization readiness and combat readiness in accordance with the Vietnam Law on mobilized reserve forces;
- Militia, self-defense during the period of coordination with the Army in combat and combat service in accordance with the Vietnam Law on militia and self-defense;
- Those who are requisitioned for military duties directly managed by military units include citizens who due to combat needs, combat service or other military duties are requisitioned by military units and directly manage them to meet those needs.
Offenders are not required to be tried in military courts:
Pursuant to Clause 2, Article 3 of the Ordinance on the Organization of Military Courts 2002, criminal cases in which offenders do not fall into the subjects specified in Clause 1, Article 3 of the Ordinance on Organization of Military Courts 2002 are only under the jurisdiction of military courts in cases where the offender is related to military secrets or causes damage. harm to the Army, specifically as follows:
- Military secret is a secret of the Army secret of national security and defense that is defined as a military secret and is specified in documents issued by competent state agencies.
- Causing damage to the Army is causing damage to the life, health, freedom, honor and dignity of persons specified in Clause 1, Article 3 of the Ordinance or the property of these persons allocated by the Army to perform military duties; causing damage to the property, honor and reputation of the Army.
- Military property is properly managed and used by the Army, including where the Army assigns such property to the militia, self-defense or any other person to manage, use for combat, combat service or the performance of military duties.
It is also considered to cause damage to the Army in cases where a person who is being detained, detained and serving a prison sentence in a detention center, detention center, or detention center managed by the Army continues to commit a crime.
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