Main tasks and practical skills:
- Pursuant to Chapter XVI of the CrPC; Resolution No. 523/2004/NQ-UBTVQH11 dated 29 April 2004 of the National Assembly’s Standing Committee; Ordinance on Organization of Military Tribunals (Articles 3, 4 and 5) and Inter-Circular No. 01/2005 providing guidelines for jurisdiction of Military Tribunals, the Judge shall determine whether the case falls under jurisdiction of the Court.
- Determining jurisdiction of courts of different levels:
- Determining jurisdiction of district People’s Courts and divisional military tribunals (pursuant to Item 1 of Article 170 of the CrPC);
- Determining jurisdiction of provincial People’s Courts and regional military tribunals (pursuant to Item 2 of Article 170 of the CrPC);
- Determining whether an offence is less serious, serious, very serious or extremely serious (pursuant to Item 3 of Article 8 of the Penal Code and Section 1 of Resolution No. 01/2000). Noting that the determination of such offence should be based on the maximum penalty in each punishment framework, as follows:
+ In less serious offences, the maximum penalty does not exceed 3 years imprisonment;
+ In serious offences, the maximum penalty is 4 to 7 years imprisonment;
+ In very serious offences, the maximum penalty is 8 to 15 years of imprisonment;
+ In extremely serious offences, the maximum penalty of 16 to 20 years imprisonment, or life sentence, or death penalty.
- Determining territorial jurisdiction or jurisdiction over offences committed on a plane or ship of the Socialist Republic of Vietnam that was operating outside Vietnamese airspace or territorial waters
- This determination of territorial jurisdiction should be based on Articles 171 and 172 of the CrPC. In general, territorial jurisdiction shall be determined by the Procuracy when making its prosecution decision.
- Determining jurisdiction of military tribunals
- Matters under the jurisdiction of military tribunal should be determined pursuant to Articles 3, 4 and 5 of the Ordinance on Organization of Military Tribunals and Part I of Inter-Circular No. 01/2005;
- Jurisdiction of military tribunals should be determined pursuant to Article 171 of the CrPC and Part II of Inter-Circular No. 01/2005;
- Jurisdiction of first instance military tribunals of different levels should be determined pursuant to Article 170 of the CrPC, Item 1 of Article 26 and Item 2 of Article 29 of the Ordinance on Organization of Military Tribunals and Part III of Inter-Circular No. 01/2005.
- Results of the determination of jurisdiction
- If the case falls under the jurisdiction of the Court, the Court shall continue resolving the case in accordance with legal provisions;
- If the case does not fall under the jurisdiction of the Court, the Court shall transfer the case to another court which has jurisdiction to resolve it;
- If there is any dispute over jurisdiction, the Judge shall report to the Chief Justice of a court which has jurisdiction to resolve and decide it.
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