Military Courts

Duties and powers of Military Courts

Military courts are established in the Vietnam People's Army to hear cases in which defendants are persons in service and other cases as prescribed by the laws.

Military Courts includes:

1. Central Military Court;

2. Military Courts of military zones and the equivalents;

3. Regional Military Courts.

Central Military Court

Functions and duties

To hear appeals of first instance judgments and decisions from Military Courts of military zones and the equivalents which have not been legally effective and are appealed or protested against in accordance with the Criminal Procedure Code.

To review, under cassation and re-opening procedure, legally effective judgments or decisions of Military Courts of military zones or regions and the equivalents which are protested against in accordance with the Criminal Procedure Code.

Structural Organization

The Central Military Court consists of the followings:

a) Judge Committee of the Central Military Court.

b) Appellate Courts of the Central Military Court.

c) Assisting apparatus.

Organizational chart of the Central Military Court

Judge Committee of the Central Military Court

1. Judge Committee of the Central Military Court is composed of Chief Judge, Deputy Chief Judges, who are senior judges and other senior judges to be decided by Chief Justice of the Supreme People's Court at the proposal of Chief Judge of the Central Military Court.

Members of the Judge Committee of the Central Military Court shall not exceed 7 persons.

2. Judge Committee of the Central Military Court has the following duties and powers:

a) To review, under cassation and re-opening procedure, legally effective judgments, decisions of Courts of military zones, regions and the equivalents which are protested against in accordance with the Criminal Procedural Code;

b) To study and provide opinions on reports of Chief Judge of the Central Military Court on business of Military Courts to be submitted to Chief Justice of the Supreme People's Court and Minister of Defense.

3. Meetings of Judge Committee of the Central Military Court shall be attended by at least two thirds of its members; decisions of the Judicial Committee of the Central Military Court shall be adopted by an absolute majority.

Appellate Courts of the Central Military Court

Duties and powers

1. To hear appeals against first instance judgements and decisions of Military Courts of military zones and the equivalents which have not been legally effective and are appealed or protested against in accordance with the Criminal Procedure Code.

2. To implement other duties and powers in accordance with the laws.

Military Courts of military zones and the equivalents

Organizational structure

1. Military Courts of military zones and regions consist of the followings:

a) Judge Committee.

b) Assisting apparatus.

2. Military Courts of military zones and the equivalents shall have Chief Judge, Deputy Chief Judges, Judges, Legal Reviewer, Court Clerks, other court staffs and employees.

3. Chief Justice of the Supreme People's Court shall decide the establishment, functions and powers of supporting apparatus of Military Courts of military zones and the equivalents upon the agreement with Ministry of Defense.

Duties and powers

1. To hear first-instance cases in accordance with the Criminal Procedure Code.

2. To hear criminal appeals of Courts of military regions which have not been legally effective and are appealed or protested against in accordance with the law.

3. To deal with other matters as prescribed by laws.

Judge Committee of Military Courts of military zones and the equivalents

1. Judge Committee of the Military Courts of military zones and the equivalents composes of Chief Judge, Deputy Chief Judges and other judges. Number of Judge Committee members shall be determined by Chief Justice of the Supreme People's Court at the proposal of Chief Judge of the Military Courts of military zones and the equivalents.

Meetings of Judge Committee of Military Courts of military zones and the equivalents shall be chaired by the Chief Judge.

2. Judge Committee of Military Courts of military zones has the following duties and powers:

a) To provide opinions on the implementation of work programmes and plans of Military Courts of military zones and the equivalents.

b) To study and provide opinions on reports of Chief Judge of Military Courts of military zones to be submitted to Chief Justice of the Supreme People's Court and Minister of Defense.

c) To summarize and synthesize adjudication practices.

d) To discuss recommendations made by Chief Judge of Military Courts of Military Zones and the equivalents to Chief Judge of the Central Military Court to review legally effective judgments and decisions under cassation, re-opening procedure at the request ofthe Chief Judge.

Regional Military Courts

1. Regional Military Courts have the following duties and powers

a) To hear first-instance cases in accordance with the Criminal Procedure Code.

b) To perform other duties and powers as prescribed by the law.

2. Regional Military Courts comprise of Chief Judge, Deputy Chief Judges, Judges, Court Clerks, court staffs and employees.

3. Chief Justice of the Supreme People's Court shall determine the establishment, duties and powers of assisting apparatus of Courts of Military Regions upon the agreement with Minister of Defense.