In recent years, based on a thorough understanding of the position and role of judicial work and judicial reform in general, and that of the Military in particular, in service of the cause of building and protecting the Fatherland, the Central Military Commission (CMC) and Ministry of National Defence (MND) have led and directed all agencies and units throughout the Military to vigorously implement this important work through multiple synchronised and appropriate measures and achieved many positive results. This is considered a special and pervasive task that requires strictness and high legal expertise to meet the urgent requirements of military and defence reality, making a significant contribution to the overall accomplishment of the Military’s goals and tasks in 2022, especially in the context of the Military’s efforts to build regularity and law observance. Of note, the CMC and MND have led and directed the Military’s judicial agencies and related units to focus on studying, communicating, and thoroughly and effectively implementing Conclusion No.84-KL/TW, dated July 29^th, 2020, of the Politburo on summarising 15 years of implementing Resolution No.49-NQ/TW of the Politburo (the 11^th Tenure) on the strategy of judicial reform until 2020 and related documents; directed the Judicial, Inspectorate, and Regulatory agencies to study and develop the Project “Researching to perfect the judicial, inspectorate, regulatory, and crime prevention agencies at all levels in the Military until 2030 with a vision toward 2045 to meet the requirements of judicial reform and building a revolutionary, regular, highly-skilled, and modernised Military”; directed the effective implementation of investigation, prosecution, trial, and enforcement of verdicts as well as the training and development of the Military’s judicial personnel.

To enhance its leadership over the judicial agencies, the CMC has issued Regulation No.182-QyĐ/QUTW, dated January 24^th, 2022, on the implementation of Directive No.26-CT/TW, dated November 9^th, 2018, of the Politburo and Guidance No.04-HD/TW, dated December 9^th, 2020, of the Party Central Committee's Secretariat on strengthening the Party’s leadership over law enforcement agencies in investigating and handling cases within the Military Party Organisation; building the CMC's Project No.1013-DA/QUTW, dated September 1^st, 2022 on “Preventing and combating negativity, corruption, and waste in the Military;” and timely proposed the Politburo and Party Central Committee's Secretariat for considering and deciding on the orientations for the mechanisms, policies, and solutions to effectively implement the tasks of judicial reform in the Military.

The Military’s judicial agencies have actively developed and participated in commenting on draft laws, ordinance, decrees, resolutions, etc., related to the construction and improvement of military and national defence work; actively coordinated with relevant agencies in preparing for the National Assembly sessions and the National Assembly Standing Committee sessions and requirements of National Assembly delegations to supervise the law observance by judicial agencies in the Military with increasing high quality. The improvement of the organisational structure, support of material facilities and work tools, and training and fostering of the quality, capacity, and professional qualifications of the military judicial agency’s staff has been regularly highly valued.

Besides, the enhancement of international cooperation in the field of justice has been consistently implemented throughout the entire Military to achieve practical effectiveness in the initial stages. Agencies and units have carried out widespread and in-depth dissemination and serious implementation of Directive No.39-CT/TW, dated December 9^th, 2009, of the Party Central Committee's Secretariat (the 10^th Tenure) on cooperation with foreign countries in the legal field, administrative reform, and judicial reform and Decree No.113/2014/NĐ-CP, dated on November 26^th, 2014, of the Government on the management of international legal cooperation. Therefore, the quality of judicial work in the Military has been increasingly improved, and crime investigation and handling activities have been carried out in accordance with the provisions of the law and judicial reform. The Councils for Coordination in Legal Education at all levels throughout the Military have been run effectively with increasing high quality to contribute significantly to fulfiling the Military’s tasks.

Sr. Lt. Gen. Vo Minh Luong, Deputy Minister of National Defence, chairs a conference on reviewing judicial, inspection, legal and auditing work in the Military in the first half of 2022

The requirements and tasks of building and protecting the Fatherland and building a revolutionary, regular, highly-skilled, gradually modernised Military (by 2030) and advancing towards modernity (from 2030) have posed new and very high demands that require the entire Military to continue upholding the spirit of solidarity and unity and comprehensively and synchornously implementing all aspects of work, including the judication and judicial reform, through multiple resolute, effective solutions. Special attention should be paid to the following main contents.

Firstly,  continue thoroughly grasping the resolutions and directives of the Party, the CMC, and the MND on judicial reform, particularly Resolution No.27-NQ/TW, dated November 9^th, 2022, of the Party Central  Committee on continuing to build and perfect the socialist rule-of-law state of Viet Nam in the new period; Conclusion No.84-KL/TW, dated July 29^th, 2020, of the Politburo on summarising 15 years of implementing Resolution No.49-NQ/TW, dated June 2^nd, 2005, of the Politburo (The 11^th Tenure) on the strategy for judicial reform until 2020; and the conclusions of the Politburo, the Secretariat, the Central Steering Committee on Judicial Reform, and the CMC and MND on judicial reform. Thereby, agencies and units should concentrate on implementing the key tasks of judicial reform, particularly regarding criminal law, criminal procedure, and policies; oral structure, building of the contingent team of cadres and material facilities for judicial agencies; and the Party’s leadership over the judicial work in the Military. Then, they should consult and propose the CMC and MND to consider and decide on the orientation for mechanism and solutions to effectively implement the judicial reform task; and conduct thorough communication of programs and plans of the CMC and MND on implementing the Strategy of judicial reform in the Military and the legal regulations on judicial activities, to create high consensus in awareness and action and further enhance the sense of responsibility in organising the implementation. In particular, it is necessary to clearly define that implementing the Strategy of judicial reform in the Military is one of the key, regular political tasks of the Party committees and commanders at all levels to develop plans for effective, high-quality implementation.

Secondly, enhance the legal dissemination and education and law observance throughout the Military. By fully grasping the Party’s stance and policies, the State’s laws, and the CMC and MND’s resolutions and directives on the legal dissemination and education, agencies and units should focus on educating cadres and soldiers to deeply understand the position, significance, and importance of the legal dissemination and education and always identify it as an important task of Party committees, commanders, organisations, and all cadres and soldiers; taking measures to improve the quality and effectiveness of the State’s law and military discipline observance, considering the results as a measure to evaluate the effectiveness of the legal dissemination and education in agencies and units; innovating the content and form of legal dissemination and education to suit each target audience and local conditions to improve the quality and effectiveness of this important task. In addition, it is necessary to promote the socialisation and application of information technology and digital transformation in the legal dissemination and education to create a fundamental and comprehensive transition in the awareness and habits law learning and compliance of cadres and soldiers. Through practical dissemination and education practices in each agency, unit, and the entire Military, core and essential issues in promoting comprehensive and coordinated legal reform should be drawn to contribute to fulfilling all assigned tasks.

Thirdly, continue reviewing and proposing competent level to improve the legal system in the new situation, especially the legal documents governing investigative, prosecutorial, adjudicatory, and enforcement activities, to address shortcomings in the functions, tasks, and authority of judicial agencies. The development of legal documents related to military and national defence needs to be carefully directed to ensure timeline and quality to contribute to gradually improving Viet Nam’s legal system, especially criminal law, criminal proceedings, and the organisation and operation of judicial agencies. By strictly adhering to the Party’s orientation and policy on improving the organisation and enhancing the quality and efficiency of judicial agencies, Party committees and leaders of judicial agencies need to prioritise leadership and guidance over the completion and effective implementation of the contents of the Project “Researching to perfect the judicial, inspectorate, regulatory, and crime prevention agencies at all levels in the Military until 2030 with a vision toward 2045 to meet the requirements of judicial reform and building a revolutionary, regular, highly-skilled, and modernised Military”; propose the National Assembly Standing Committee issue a resolution on amending and supplementing Resolution No.282/NQ-UBTVQH, dated August 25^th, 2021, of the National Assembly Standing Committee on the establishment and dissolution of military region criminal investigation agencies and equivalent and regional criminal investigation agencies in the Viet Nam People’s Army; and consider proposing to expand the jurisdiction of military courts to try commercial legal persons who commit crimes and to adjudicate administrative cases in the Military. Regular attention should be paid to innovating the methods of leadership of Party committees and organisations over the judicial work, strengthening the development of programs and plans; and clarifying the responsibilities of implementing judicial reform tasks.

Fourthly, improve the quality of investigation, prosecution, trial, and execution of judgments applied accurately to the right person, the right crime, and in accordance with the law. This is an important content that determines the quality and effectiveness of judicial reform in the Military. Therefore, the Party committees and commanders at all levels need to closely follow the guidelines and directions of the MND's Central Judicial Reform Steering Committee to direct the improvement of the quality and effectiveness of each sector. Along with that, functional agencies need to study and propose to the MND to invest in facilities, repair, build new, and upgrade working offices for judicial agencies; direct the implementation of strict management of budget, funds, and operational expenses under the principles of thrift, efficiency, and timely service of regular and emergent tasks; focus on upgrading equipment and recording and filming devices in investigation, prosecution, trial, and execution of judgments; expand new specialised areas of forensic technology, etc.

Fifthly, pay attention to the training and development of a strong and pure contingent of judicial cadres. By thoroughly grasping and strictly implementing the CMC’s viewpoints, principles, procedures and standards for cadre building and based on the specific requirements of the judicial field, the Party committee and commanders of judicial agencies should focus on building a contingent of specialised cadres with sufficient quantity, appropriate organisational structure, and constantly improving quality to meet the requirements of the Military building and judicial reforms in new circumstances; concentrate effort to review and plan the contingent of cadres suitable with the direction of organisational and operational reforms within the Military’ judicial system; firmly grasp the number and quality of judicial cadres in terms of political integrity, professional ethics, lifestyle, and professional expertise to develop appropriate building strategies and plans; and strictly adhere to the selection mechanism to appoint judicial cadres with sufficient political integrity and capacity for various judicial positions. The planning, arrangement, and use of cadres must be strict and inheritable to avoid shortages that lead to low task completion results.

Along with effective planning and utilisation, attention should also be paid to training and fostering of judicial cadres under the standards for professional titles in terms of professional and technical competence, as well as possessing a full range of knowledge in politics, economics, culture, society, foreign languages, and information technology to meet the requirements for standardising the contingent of judicial cadres.

Finally, enhance international cooperation in judicial activities. In the context of Viet Nam’s deepening international integration, the judicial sector needs to proactively research and enhance international cooperation to implement judicial support agreements that Viet Nam has signed. It is required to implement Directive No.39-CT/TW of the Party Central Committee's Secretariat (the 10^th Tenure) and Decree No.113/2014/NĐ-CP of the Government on the management of international legal cooperation; organise the implementation of international agreements, especially the Memorandum of Understanding between the Vietnamese Ministry of National Defence and the Ministries of National Defence of Laos, Cambodia, and Russia on cooperation in military and national defence legal fields; participate in the international military legal conferences organised by the Russian Federation Ministry of Defence; strengthen cooperation in information sharing, experience exchange, crime prevention, judicial support, and training of personnel, especially foreign language training, with other countries.

Judicial reform in general, and that in the Military in particular, is one of the key tasks in the cause of building and protecting the Fatherland. Therefore, agencies and units need to adhere to the principle of consolidating the judicial agencies to ensure efficiency, quality, and effectiveness and improve the political quality and capacity of the judicial cadres to contribute to improving the overall quality and combat strength of the Military, meeting the requirements and tasks of protecting the Fatherland in the new situation.

Senior Lieutenant General VO MINH LUONG, Member of the Party Central Committee, Permanent Member of the Central Military Commission, Deputy Minister of National Defence, Head of the Steering Committee for Judicial Reform of the Ministry of National Defence