Chương 1 Pháp lệnh 04/2002/PL-UBTVQH11: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- The military courts are adjudicating bodies of the Socialist Republic of Vietnam, which belong to the system of people’s courts organized in the Army.

Within the scope of their functions, the military courts are tasked to protect the socialist legislation; to protect the socialist regime and the people’s mastery; to protect security and defense, discipline and combat strength of the Army; to protect the property of the State and collectives; to protect the lives, health, assets, freedom, honor, dignity of army men, defense employees and workers as well as of other citizens.

Through their activities, the military courts contribute to educating army men, defense employees and workers to be loyal to the Fatherland, to strictly abide by laws and the Army’s regulations, observe the rules of social life and to raise the sense of struggle to prevent and combat crimes as well as other law offenses.

Article 2.-

1. The military courts include:

a) The Central Military Court;

b) The military courts of the military zone and the equivalent level;

c) The regional military courts.

2. Basing itself on the tasks and organization of the Army, the National Assembly Standing committee shall decide to set up or dissolve the military courts of the military zone and the equivalent level, and/or the regional military courts at the proposal of the chief judge of the Supreme People’s Court after reaching agreement with the Minister of Defense.

Article 3.- The military courts are competent to adjudicate criminal cases in which the defendants are:

1. Army men on active service, defense employees or workers, reserve army men being in the period of concentrated training or combat readiness inspection; militia or self-defense personnel detached to the Army for combat or combat services and persons summoned for military tasks and directly managed by army units.

2. The persons other than the subjects prescribed in Clause 1 of this Article, who commit offenses related to military secrets or causing damage to the Army.

Article 4.- For persons who are no longer in the Army but detected as having committed criminal acts while they were on active service in the Army or persons who are being on active service in the Army but detected as having committed criminal acts before they join the Army, the military courts shall adjudicate offenses related to military secrets or causing damage to the Army; other offenses shall be adjudicated by people’s courts.

Article 5.- Where a case involves defendants or criminals who are under the adjudicating jurisdiction of military courts and defendants or criminals who are under the adjudicating jurisdiction of people’s courts, the adjudicating jurisdiction shall be exercised as follows:

1. Where the case can be separated, the military court shall try the defendants and criminals prescribed at Clause 1, Article 3 and Article 4 of this Ordinance; the other defendants and criminals shall be under the adjudicating jurisdiction of the people�s courts;

2. Where the case cannot be separated, the military court shall adjudicate the entire case.

Article 6.- The regime of judge appointment shall apply to the military courts.

The regime of designation of army men’s jurors shall apply to the military courts of the military zone and equivalent level as well as the regional military courts.

Article 7.- The adjudication by the military courts of the military zone and equivalent level, and the regional military courts shall be participated by army men’s jurors as provided for by the procedural legislation. In adjudication, the army men’s jurors are equal in rights with the judges.

Article 8.- When conducting trials, judges and army men’s jurors are independent and only abide by laws.

Article 9.- The military courts conduct trials collectively and make decisions by majority. The composition of the Board of Juries at each adjudicating level shall be prescribed by the procedural legislation.

Article 10.- The military courts shall conduct trials publicly, except for cases of necessity to conduct trials behind closed doors to protect State secrets, military secrets, fine traditions and customs of the nation or to keep secrets of the involved parties at their legitimate requests.

Article 11.- The military courts shall conduct trials on the principle that all citizens are equal before law, regardless of sex, nationality, religion, social status, social position, and that individuals, agencies, organizations, people’s armed force units and production and/or business establishments of all economic sectors are all equal before law.

Article 12.- The military courts ensure the right to defense of defendants and the right to protect legitimate rights and interests of the involved parties.

Article 13.- The military courts ensure the right of people involved in legal proceedings to use the speech and scripts of their respective nationalities before court.

Article 14.-

1. The military courts follow the regime of two-level adjudication.

The first-instance judgements and/or decisions of military courts can be protested against or appealed under the provisions of the procedural legislation.

The first-instance judgements and/or decisions, which are not protested against or appealed within the law-prescribed time limit shall take legal effect. For protested or appealed judgements or decisions, the cases shall be brought to appellate trials. The appellate judgements or decisions shall take legal effect.

2. For judgements and decisions of military courts, which have already taken legal effect but are detected as having violated laws or contained new circumstances, they shall be reviewed according to the supervisory or review order prescribed by procedural legislation.

Article 15.- The military courts’ judgements and decisions, which have already taken legal effect, must be respected by people’s armed force units, State bodies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and everyone.

Individuals, units, agencies and organizations, that are obliged to execute the judgments and/or decisions of military courts, must strictly execute them.

Within their respective functions, agencies and organizations, which are tasked to enforce judgments and/or decisions of military courts, must strictly enforce them and take responsibility before law for the performance of such task.

Article 16.- In case of necessity, together with the judgments and decisions they have made, the military courts shall request the heads of the concerned people’s armed force units, agencies or organizations to apply measures to overcome the causes of and conditions for commission of crimes or law offenses in their respective units, agencies and organizations. Upon receiving such requests, the heads of such units, agencies or organizations shall have to study the implementation thereof and within thirty days as from the date of receiving the requests have to notify the military courts thereof.

Article 17.- The military courts shall coordinate with people’s armed force units, agencies and organizations in bringing into full play the educative effect of court sessions and creating favorable conditions for the enforcement of judgments and decisions of the military courts.

Article 18.- The military courts shall, together with the military procuracies, the Army’s criminal investigation agencies, the Army’s security bodies and other concerned agencies, study and implement undertakings and measures to prevent and combat crimes as well as other law offenses.

Article 19.- The political offices of the military zone and equivalent level shall annually organize a conference of army men’s delegates in their respective units as well as units stationing in the localities to hear the military courts of the same level reporting on their activities and answer questions of delegates.

The military courts shall have to answer questions of People’s Council deputies about the military courts’ activities related to the localities.

Article 20.- The Supreme People’s Court shall organizationally manage the military courts in close coordination with the Ministry of Defense.

The regulations on the coordination between the Supreme People’s Court and the Ministry of Defense in the organizational management of the military courts shall be submitted by the chief judge of the Supreme People’s Court to the National Assembly Standing Committee for decision.