Duties, powers and organizational structures of military courts of Vietnam

1. Central Military Court

According to Article 51 of the Law on Organization of People’s Courts 2014 of Vietnam, the organizational structure of the Central Military Court consists of:

- The Judicial Committee;

- The Appellate Court;

- The assisting apparatus.

The Central Military Court has its Chief Justice, Deputy Chief Justices, the president and vice presidents of the Appellate Court, judges, examiners, court clerks, civil servants and employees.

The Central Military Court has the following duties and powers:

- To conduct appellate trials of cases in which first-instance judgments or decisions of military courts of military zones which have not yet taken legal effect are appealed or protested against in accordance with the Criminal Procedure Code;

- To conduct according to cassation or reopening procedure trials of cases in which legally effective judgments or decisions of military courts of military zones or the equivalent or of regional military courts are protested against in accordance with the Criminal Procedure Code.

2. Military courts of military zones and the equivalent

According to Article 55 of the Law on Organization of People’s Courts 2014 of Vietnam, the organizational structure of a military court of a military zone or the equivalent consists of:

- The judicial committee;

- The assisting apparatus.

A military court of a military zone or the equivalent has its chief justice, deputy chief justices, judges, examiners, court clerks, other civil servants and employees.

Duties and powers of military courts of military zones and the equivalent are as follows:

- To conduct first-instance trials of cases prescribed by the Criminal Procedure Code.

- To conduct appellate trials of criminal cases in which first-instance judgments or decisions of regional military courts which have not yet taken effect are appealed or protested against in accordance with the Criminal Procedure Code.

- To perform other duties and exercise other powers prescribed by law.

3. Regional military courts

A regional military court has its chief justice, deputy chief justices, judges, court clerks, other civil servants and employees.

A regional military court has the following duties and powers:

- To conduct first-instance trials of cases prescribed by the Criminal Procedure Code;

- To perform other duties and exercise other powers prescribed by law.

The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the assisting apparatus of regional military courts after reaching agreement with the Minister of National Defense.

This is the content specified in Article 58 of the Law on Organization of People’s Courts 2014 of Vietnam.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE