CIRCULAR of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of justice no. 01/TTLN on 1-2-1994 guidelines about the jurisdiction of the military courts _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform implementation of the provisions of the criminal code and the Ordinance on organization of military courts (hereafter called the Ordinance) regarding the jurisdiction of the courts military;
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of defence unification guidelines are as follows: i. on the SUBJECT in the JURISDICTION of the MILITARY COURTS 1. According to the provisions in clause 1 of article 3 of the Ordinance, the criminal that the offender was the soldier in the contingent, workers, Defense employees, reservists in time the focus of training or checking the status ready for combat, self-defense militia in fighting with the army and the people who are on military duty assignments because of the military orders directly manage, in the jurisdiction of the military courts do not depend on the work they do and guilty.
2. As stipulated in paragraph 2 of article 3 of the Ordinance, the criminal case that offenders do not belong to the object specified in clause 1 of article 3 of the Ordinance (including Captain Township) only in the jurisdiction of the military courts if they sinned is related to military secrets or cause damage to the army.
a) military secret is the secret of the secret army, Defense Security is identified as a military secret and are specified in writing by the competent State bodies.
b) cause damage to the army as the cause of damage to life, health, freedom, honour, dignity of the persons specified in clause 1 of article 3 of the Ordinance or the property of those who are providing troops to perform military duties; damage to property, honor, reputation of the military. The property of the army's military property management, including the use of military assets delivered case that militias, self-defense or any other people management, used to fighting or military service.
Cases of guilty in the area protected by the army, in the zone, the area of the protection of the important work of Security Defense military administration also considered the damage to the army.
3. According to the provisions of article 4 of the Ordinance shall: for those who no longer serves in the military that their crime detection is done in time to serve in the military or who are serving in the military that their crime detection is done before entering the army, the military tribunal hearing crimes related to the secret military or cause damage to the army; the other crimes attributed people's Court trial, therefore, need to determine the following: a) serving time in the army is calculated from:-time to enlist;
-The time of the present place of employment, where the focus of training or checking the status ready to fight, in battle with the army, which is on military duty assignments due to military units directly managed.
b) serving time in the military was ended on:-the time of receipt of the decision out in the case of serving, discharge, transfer, quit, retire, vacation or break the power loss under the regime, other social policies;
-Time to cut the number of troops in the case of desertion, absence without permission;
-The time was stripped of the title of military personnel in the event of breach of discipline or misconduct;
-The end of time focus of training or checking the status ready to fight, in battle with the army or the expiration time gather on duty by the military units directly managed in the absence of a decision of the competent military authorities of the extended deadline.
4. According to the provisions of article 5 of the Ordinance: in case of the case with the offender or crime in the jurisdiction of military courts, just to have the offender or crime in the jurisdiction of the civil courts, the military court hearing the entire case; If can split off to a separate trial, the military courts judging the offender as specified in article 3 and article 4 of the Ordinance, offenders and other crimes in the jurisdiction of courts; Therefore, notes: a) Just split the case to trial, if the separation that do not affect the determination of objective and comprehensive facts of the case;
b) When found need to split the case to trial, the military court has the case in Exchange for military Procuracy is responsible for maintaining announced at the trial about that. If the military Procuracy consistent with the opinion of the military courts, the military tribunals charged records for military Procuracy to settle according to the authority. In the case of the military procuratorate are not consistent with the opinion of the military courts, the military tribunals was the case to hearing the whole case.
5. To implement the provisions of article 146 of the Penal Code criminal proceedings under the jurisdiction of the territory and in accordance with the Organization, the activities of the army, under the jurisdiction of the military courts are as follows: a) case in the jurisdiction of the military courts level would occur on the geographical level that military courts by the military courts to that level. The delineation of the area within the army to determine the jurisdiction of military courts by Ministry of defence-specific regulations.
b) in the case of offenders unit of the Corps and held the equivalent of that rather than military courts, the military tribunals by the case of Corps and held the equivalent of a trial, regardless of where the crime is done.
In cases where the offenders are those as defined in paragraph 2 of article 3 of the Ordinance where their crimes cause direct damage to the masses and equivalent organisations, the case was also caused by military courts of the Corps and the equivalent of a trial.
c) in the cases not identified where done the crime or in case there are many different military courts have jurisdiction in the case because in many cases the offenders in many different units or due to the implementation of criminal offenders in many places If the military Procuracy prosecute accused before the military courts, military courts which the trial of the case.
II. ABOUT THE JURISDICTION OF MILITARY TRIBUNALS THE LEVEL.
When implementing the provisions of article 145 of the Penal Code criminal proceedings regarding the jurisdiction of the courts of all levels, military courts at various levels should do the following: 1. As stipulated in art. Article 18 of the Ordinance, the Central Military Court has jurisdiction of first instance at the same time the jurors shared the case particularly severe , complex, the case in which the offender when a crime or when the prosecution has the military rank of General level or who has served as Commander of the Division, Bureau Chief or equivalent or over, the case is under the jurisdiction of the courts of military zone and equivalent, but the Central Military Court took up to trial.
The case is especially severe, complicated is the case caused great impact to the overall mission of the army, causing serious damage to the State's major policies on politics, economy, diplomacy, religion, ethnic group or the case is relevant to many more bodies in and outside the military , in the country and abroad.

2. In accordance with paragraph 1, point a Article 17, paragraph 1 Article 22 and item 2 article 25 of the Ordinance the Court military zone and equivalents have jurisdiction the offender's military personnel have military rank from Lieutenant Colonel to Colonel or positions from the Commander of the regiment and is equivalent to the Deputy Commander of the IJA , Deputy and equivalent.
3. According to the provisions in clause 2 article 25 of the Ordinance, the military courts had jurisdiction area in the offender's military personnel have military ranks from major back down or have a position from the Deputy Commander of the regiment and equivalent back down.
4. Equivalent stated in points 1, 2, 3 this item is determined according to the General regulations of the army.
Granting military ranks are mentioned in points 2, 3 items include granting military ranks of military personnel in active military rank and level of the professional soldier.
III. ENFORCEMENT Of TERMS 1. This circular is effective from the date of signing.
2. The criminal investigation agency within the army, the military Procuracy is responsible for investigating, prosecuting these crimes in the jurisdiction of the military courts are guided in this circular.
3. in the implementation process, if there are problems and obstacles, the military courts, the relevant agency reflected up the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of defence to have timely instructions.