Guidance on first-instance jurisdiction of Military Courts at all levels in Vietnam as of February 15, 2024

Guidance on first-instance jurisdiction of Military Courts at all levels in Vietnam as of February 15, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

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.

1. Guidance on first-instance jurisdiction of Military Courts at all levels in Vietnam as of February 15, 2024

According to Article 6 of Circular 03/2023/TT-TANDTC, the first instance jurisdiction of Military Courts at all levels is as follows:

- The regional military court has first-instance jurisdiction over criminal cases regarding crimes specified in Clause 1, Article 268 of the 2015 Criminal Procedure Code where the subject, when committing the crime or being prosecuted, had a military rank of Lieutenant Colonel or lower or held a position according to regulations with the highest military rank of Lieutenant Colonel or lower.

- Military courts of military zones and equivalents have first-instance jurisdiction over criminal cases regarding:

+ Crimes not under the jurisdiction of the Regional Military Court;

+ There are defendants, victims, litigants abroad, or assets related to the case abroad;

+ Crimes in which the subject, when committing the crime or being prosecuted, had a military rank of Lieutenant Colonel or higher or held a position according to regulations with the highest military rank of Lieutenant Colonel or higher;

+ Crimes that fall under the jurisdiction of the Regional Military Court but have many complex details that are difficult to evaluate and unify about the nature of the case or involve many levels and branches; cases in which the defendant is a Judge, Procurator, Investigator, key leader at the district level, a religious dignitary, or a highly prestigious person among ethnic minorities.

- "Position" guided in Clause 1 and Point c Clause 2 Article 6 of Circular 03/2023/TT-TANDTC, is determined according to the provisions of the Law on Officers of the Vietnam People's Army 1999 and relevant laws and regulations of the Ministry of National Defense.

- "Military ranks" guided in Clause 1 and Point c Clause 2 Article 6 Circular 03/2023/TT-TANDTC, including military ranks of officers, non-commissioned officers, soldiers, and military ranks of professional soldiers.

2. Jurisdiction of the Military Court in martial law areas in Vietnam

Pursuant to Article 5 of Circular 03/2023/TT-TANDTC, the jurisdiction of the Military Court in martial law areas is as follows:

- Military courts have jurisdiction to try all crimes committed in the locality during the implementation of martial law.

- In case the case occurs in many places, including places where martial law is being enforced, the Military Court in the place where martial law is imposed has jurisdiction to try the entire case.

- After the Military Court has accepted the case and the place where the crime occurred has been abolished, the Military Court will continue to try the case.

More details can be found in Circular 03/2023/TT-TANDTC, taking effect on February 15, 2024.

Note: During the implementation process, if there are any problems, suggestions, or recommendations, please report them to the Supreme People's Court for timely guidance and handling. The amendments and supplements to Circular 03/2023/TT-TANDTC are decided by the Chief Justice of the Supreme People's Court.

Nguyen Ngoc Que Anh

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