What is promulgation of the Circular guiding the jurisdiction of Military Courts in Vietnam?

What is promulgation of the Circular guiding the jurisdiction of Military Courts in Vietnam?

On December 28, 2023, the Chief Justice of the Supreme People's Court issued Circular 03/2023/TT-TANDTC guiding the jurisdiction of the Military Court.

Circular 03/2023/TT-TANDTC guides the jurisdiction of Military Courts, including jurisdiction by subject, jurisdiction by territory, and first instance jurisdiction of Military Courts at all levels and jurisdiction of Military Courts in martial law areas.

Circular 03/2023/TT-TANDTC applies to Military Courts and People's Courts at all levels; Agencies, organizations and individuals related to the enforcement of laws on the jurisdiction of the Military Court.

What is promulgation of the Circular guiding the jurisdiction of Military Courts in Vietnam? (Image from the Internet)

Who are entities serving in the People's Army that the Military Court has authority to judge in Vietnam?

According to Clause 1, Article 3, Circular 03/2023/TT-TANDTC stipulates the jurisdiction of the Military Court according to the following subjects:

Military courts have jurisdiction to try criminal cases specified in Point a, Clause 1, Article 272 of the 2015 Criminal Procedure Code in which the offender falls into one of the following cases, regardless of what crime they committed and where they committed it:

- "Servicemen on active duty" includes officers, professional soldiers, non-commissioned officers, and servicemen as stipulated in the Law on Officers of the Vietnam People's Army 1999, the Law on professional servicemen, National defense workers and officials 2015, Military Service Law 2015 ;

- "Military employees" are Vietnamese citizens recruited to ranks, positions, and titles corresponding to job positions in agencies and units of the People's Army and are not officers or professional servicemen, workers, and defense officials;

- “Defense workers and officials” includes the subjects specified in Clause 2, Article 2 of the Law on professional servicemen, National defense workers and officials 2015;

- Reserve soldiers during the period of training and checking combat readiness as prescribed in the Law on Reserve Forces 2019;

- Militia and self-defense forces during the time competent agencies and units decide to focus on training or cooperate with the People's Army in combat and combat service as prescribed in the Law on Militia and Self-Defense Forces 2019;

- Citizens are mobilized or conscripted to serve in the Army or implement labor contracts at Army units and enterprises.

What is determination of time to start military service to determine the jurisdiction of the Military Court in Vietnam?

According to Clause 4, Article 3, Circular 03/2023/TT-TANDTC stipulates determination of military service time to determine the jurisdiction of the Military Court according to the following subjects:

- For annual military recruitment, this is the time to hand over and receive troops;

- In the case of calling citizens to join the army with odd numbers, it is the time to receive citizens with odd enlistments according to the regulations of the competent authority and be under the management of all aspects of the Army;

- For citizens who pass the military entrance exam for training at educational and training establishments, it is the time to receive successful citizens according to regulations of competent authorities and are subject to all aspects of Army's management;

- In the case of calling reserve officers into active duty, the time when the agency or unit receives them according to the regulations of the competent authority and is subject to all aspects of the Army's management;

- In the case of calling for military service when there is a mobilization order, it is the time when the Army's standing force unit receives it according to the decision of the competent authority and is under all aspects of the Army's management;

- In case of recruitment, it is the date the recruitment decision of the competent authority takes effect and is subject to all aspects of the Army's management;

- In the case of receiving people serving prison sentences who have been wrongly convicted, missing, or deserters whose numbers have been cut back to the unit, the date of decision to receive back to the agency or unit serving the Army has enforcement;

- For reserve soldiers, militia, and self-defense personnel, this is the time when they are required to be present in concentration to perform training, rehearsal, inspection, combat coordination, combat service, and bear direct management of Army units;

- For contract workers, it is the time of starting work according to the agreement signed in the labor contract;

- For other subjects mobilized or conscripted to perform military or national defense tasks, it is the time when citizens begin to perform military and national defense tasks and are under the direct management of the Army unit.

Note: Circular 03/2023/TT-TANDTC takes effect from February 15, 2024 in Vietnam

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