Jurisdiction of a military Court in Vietnam

Jurisdiction of a military Court in Vietnam (Internet image)

1. Jurisdiction of a military Court in Vietnam

* A military Court has jurisdiction over:

- Group 1: A criminal case against a defendant who is:

+ A serviceman on active duty, state employee, worker, national defense official or reserve soldier undergoing focus training or combat availability tests;

+ Militia undergoing focus training or subordinated to the People’s Army in combat;

+ Citizens mobilized, convoked or contracted to serve the People’s Army;

- Group 2: A criminal case against a defendant who is not stated in Point a, Section 1 of Article 272 of the Criminal Procedure Code 2015 and is involved in military secrets or causes damage to the life, health, honor and dignity of servicemen on active duty, state employees, workers, national defense officials, reserve soldiers undergoing focus training or combat availability tests or causes damage to the property, honor and reputation of the People’s Army or commits crimes in a military barrack or military area under the management and protection of the People’s Army.

* A military Court has jurisdiction over all crimes occurring in areas under martial law.

(Article 272 of the Criminal Procedure Code 2015)

2. Jurisdiction of a Court in Vietnam

- A district People’s Court or local military Court hears criminal cases of misdemeanors, felonies and horrific felonies at first instance, except for the following crimes:

+ Breach of national security;

+ Sabotage of peace, crimes against humanity and war crimes;

+ Crimes as defined in Article 123, 125, 126, 227, 277, 278, 279, 280, 282, 283, 284, 286, 287, 288, 337, 368, 369, 370, 371, 399 and 400 of the Criminal Code;

+ Crimes committed outside the territories of the Socialist Republic of Vietnam.

- A provincial People’s Court or military Court of a military zone hears following cases at first instance:

+ Criminal cases beyond the jurisdiction of a district People’s Court or local military Court;

+ Criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories;

+ A criminal lawsuit, though within the jurisdiction of a district People’s Court or local military Court, comprise complex facts making it hard to assess or reach unanimity upon the properties of the case or is involved in various sectors and levels of authority or is brought against a defendant who is a judge, procurator, investigator, primary governmental leaders in district, township, provincial city or city of a centrally-affiliated city, religious dignitary or individual having high prestige in a community of minority.

(Article 268 of the Criminal Procedure Code 2015)

3. Organization of military courts in Vietnam

The organization of the Military Courts includes:

(1) Central Military Court

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 2015;

- 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 2015.

(2) Military courts of military zones and the equivalent

Duties and powers of military courts of military zones and the equivalent:

- To conduct first-instance trials of cases prescribed by the Criminal Procedure Code 2015.

- 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 2015.

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

(3) Regional Military Court

 A regional military court has the following duties and powers:

- To conduct first-instance trials of cases prescribed by the Criminal Procedure Code 2015;

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

(Articles 50, 51, 56, 58 of the Law on Organization of People s Courts 2014)

Diem My

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