What is Martial Law? Who has the authority to issue the Martial Law Order in Vietnam?
What is Martial Law? Who has the authority to issue the Martial Law Order in Vietnam?
Based on Article 21 of the 2018 National Defense Law, martial law is defined as follows:
Article 21. Martial Law
- Martial law is a temporary special state management measure carried out by the military.
- When the political security, order, and social safety in one or several localities are seriously violated to such an extent that the local authorities can no longer control the situation, the President issues a martial law order upon the recommendation of the Government of Vietnam.
- A martial law order must clearly specify the provinces, districts, communes, special administrative-economic units under martial law, the measures, the effective implementation; stipulate the duties and powers of agencies, organizations, individuals; the necessary social order rules in the martial law area and be continuously announced through mass media.
- Based on the President's martial law order, the decision of the Prime Minister of the Government of Vietnam regarding the implementation of the martial law order, the Minister of National Defense directs and commands the People's Army units, the Militia and Self-Defense Forces assigned to carry out missions in the martial law area to implement measures to enforce the martial law order according to legal provisions.
- During the period of martial law, state management in the martial law area is assigned to military units. The commander of the military unit assigned to manage the martial law area has the authority to issue orders to apply special measures provided for in clause 6 of this Article and other necessary measures to enforce the martial law order and bear the responsibility for applying these measures. The commander of the military unit assigned to manage the provincial-level martial law area has the authority to requisition or seize property. The requisition or seizure of property is carried out in accordance with the Law on Property Requisition and Seizure.
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According to the above provisions, martial law is a temporary special state management measure carried out by the military. The President issues a martial law order upon the recommendation of the Government of Vietnam when the political security, order, and social safety in one or several localities are seriously violated to the extent that the local authorities can no longer control the situation.
What is Martial Law? Who has the authority to issue the Martial Law Order in Vietnam? (Image from the Internet)
What special measures are applied during the implementation of Martial Law in Vietnam?
Based on clause 6, Article 21 of the 2018 National Defense Law, the special measures applied during the implementation of a martial law order include:
[1] Prohibit or restrict the movement of people and vehicles; suspend or restrict activities in public places
[2] Prohibit demonstrations, strikes, market closures, school stoppages, and mass gatherings
[3] Arrest or coerce individuals or organizations with activities harmful to national defense and security from leaving or prohibit them from leaving their place of residence or a specific area
[4] Mobilize people and means from agencies, organizations, and individuals
[5] Exert special management over weapons, explosives, supporting tools, flammable, toxic, radioactive materials; strictly control information technology infrastructure, information vehicles, journalistic activities, publishing, printing houses, copying activities, and the collection and use of information
Which agency has the authority to adjudicate all crimes committed in the martial law area in Vietnam?
According to Article 272 of the 2015 Criminal Procedure Code, the jurisdiction of the military courts is defined as follows:
Article 272. Jurisdiction of Military Courts
- Military courts have the authority to adjudicate:
a) Criminal cases where the accused is an active-duty soldier, official, defense worker, defense public employee, or reservist during training or assessment for combat readiness; militia, self-defense forces during training or affiliated with the People's Army in combat or service of combat; citizens mobilized, conscripted, or contracted to serve in the People's Army;
b) Criminal cases where the accused is not within the scope defined in point a of clause 1 of this Article but relate to military secrets or cause harm to the life, health, honor, dignity of active-duty soldiers, officials, defense workers, defense public employees, reservists during training or assessment for combat readiness, or cause damage to the property, honor, prestige of the People's Army or commit crimes in the army barracks or military zones managed, protected by the People's Army.
2. Military courts have the authority to adjudicate all crimes committed in the martial law area.
Thus, individuals committing crimes in the martial law area are subject to adjudication by the military courts.
