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

Specifically, the first-instance jurisdiction of Military Courts at all levels is prescribed as follows:

- The regional military court has first-instance jurisdiction over criminal cases regarding crimes specified in Clause 1 of Article 268 of the Criminal Procedure Code 2015 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.

Note:

- Position is determined according to the provisions of the Law on Vietnam People’s army officers, relevant laws and regulations of the Ministry of National Defense.

- Military ranks include those of officers, non-commissioned officers, soldiers, and professional soldiers.

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

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