Guidance on determining the end time of military service to determine jurisdiction in Vietnam

Guidance on determining the end time of military service to determine jurisdiction in Vietnam (Internet image)

1. Guidance on determining the end time of military service to determine jurisdiction in Vietnam

According to Clause 5, Article 3 Circular 03/2023/TT-TANDTC, the end time of military service to determine jurisdiction of the Military Court in Vietnam is determined as follows:

- In the case of retirement, demobilization, discharge, resignation, leave under veteran policies, or transfer to another sector, it is the effective date of the decision;

- For cases transferred to Veterans' Care Centers, social protection establishments, or facilities nurturing entitled persons, it is from the time the military personnel, officials, workers, or defense public employees are handed over to the center or establishment;

- For cases of revocation of military personnel status, forced resignation, it is the time the personnel are handed over to the district military authority or the commune People's Committee where they reside;

- For cases of desertion, it is the date the unit informs the commune People's Committee, district military authority, and the family of the deserter in writing about the reduction of their number from the military payroll;

- In cases where military personnel, officials, workers, or defense public employees desert to the enemy or flee abroad, it is the date the act is committed;

- In cases where officials, workers, or defense public employees arbitrarily leave without reason, it is the date the unit informs the commune People's Committee and the family of the situation;

- For military personnel, officials, workers, and defense public employees sent abroad for training, if they do not return within the permitted period without authorization, it is the time the unit informs the commune People's Committee, district military authority, and the family in writing about the reduction of their number from the military payroll;

- For reservists, militia, and self-defense forces, it is the end time of the concentrated period for training, inspection, combat attachment, or combat service missions, and they are no longer under the direct management of the military unit;

- For contract laborers, it is the termination date of the labor contract as agreed or as stated in the labor contract liquidation minutes;

- For other individuals mobilized or conscripted for military or defense duties, it is the end time of the military or defense mission, and they are no longer under the direct management of the military unit.

2. Jurisdiction of the military courts in martial law areas in Vietnam

The Jurisdiction of the military courts in martial law areas in Vietnam is regulated in Article 5 Circular 03/2023/TT-TANDTC as follows:

- The Military Court has the jurisdiction to trial all crimes occurring in the locality during Martial Law enforcement.

- In cases where the crime occurs in multiple locations, including areas under Martial Law, the Military Court in the Martial Law area has the jurisdiction to trial the entire case.

- If after the Military Court has accepted the case and the Martial Law order in the area where the crime occurred is lifted, the Military Court continues to trial the case.

Vo Tan Dai

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