Chương 4 Pháp lệnh 04/2002/PL-UBTVQH11: Bảo đảm hoạt động của toà án quân sự

Chapter IV

ENSURING THE OPERATION OF MILITARY COURTS

Article 38.-

1. The total payroll of the Central Military Court, the military-zone or equivalent-level military courts and the regional military courts shall be decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court after reaching agreement with the Defense Minister.

2. The chief judge of the Supreme People’s Court shall closely coordinate with the Defense Minister in prescribing the payroll for each military-zone or equivalent-level military court and each regional military court.

Article 39.- In order to ensure the performance of their functions and tasks by military courts, the Defense Minister shall decide:

1. To transfer judges from one military court to another for the performance of tasks after reaching agreement with the chief judge of the Supreme People’s Court;

2. To dispatch judges from one military court to another of the same level for the performance of tasks within a given time limit.

Article 40.- The assisting apparatuses of the Central Military Court, the military-zone or equivalent-level military courts and the regional military courts shall be prescribed by the chief judge of the Supreme People’s Court after reaching agreement with the Defense Minister and be submitted to the National Assembly Standing Committee for approval.

Article 41.-

1. Army men, defense employees and workers working at military courts shall have the rights and obligations according to the Army’s regulations; and enjoy the allowance regime applicable to the court sector.

The military courts’ judges shall enjoy the preferential regime as prescribed for judges in the Ordinance on Judges and Jurors of the People’s Courts.

2. The uniforms, the identify cards of army men, military employees and workers working at military courts shall be prescribed by the National Assembly Standing Committee.

Article 42.-

1. The funding for operation of the military courts shall be estimated by the Ministry of Defense in coordination with the Supreme People’s Court, which shall request the Government to submit to the National Assembly for decision.

2. The management, allocation and use of the funding shall comply with the legislation on the State budget.

3. The State shall give priority to the investment in the development of information technology as well as other facilities to ensure that the military courts well fulfill their functions and tasks.

Article 43.- The Army guards are tasked to guard against defendants and escort them to court sessions, protect court sessions and work places of the military courts.