Decree No. 185/SL defines the jurisdiction of first-instance courts and second-instance courts.

DECREE

NUMBER: 185/SL DATE: MAY 26, 1948

OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

CHAIRMAN OF THE VIETNAMESE DEMOCRATIC REPUBLIC GOVERNMENT

Pursuant to Decree No. 13 dated January 24, 1946 organizing courts and judicial ranks;

Pursuant to Decree No. 51 dated April 17, 1946 defining the jurisdiction of courts and the division of labor among court staff;

Pursuant to the directive on organizing the government and the directive on organizing the judiciary in special circumstances;

Pursuant to the proposal of the Minister of Justice;

Considering the current necessity;

After the Council of Ministers and the Standing Committee of the National Assembly have agreed;

ISSUES THE DECREE:

Article 1

Temporarily during the war period, the jurisdiction of primary courts and second-level courts shall be defined as follows:

PART ONE: JURISDICTION OF PRIMARY COURTS.

Article 2

In criminal matters, primary courts have the authority to adjudicate:

A- APPELLATE:

1- Cases involving fines from five to thirty piastres;

2- Matters concerning compensation claims up to three hundred piastres, where the plaintiff has suffered damage in a criminal case and requests compensation in their complaint or at the trial.

B- FIRST INSTANCE:

1- Cases involving imprisonment sentences from one to five days;

2- Matters concerning compensation claims exceeding three hundred piastres, where the plaintiff requests compensation in their complaint or at the trial.

Article 3

In civil and administrative matters, primary courts have the authority to adjudicate:

A- APPELLATE:

1- Matters concerning movable property claims where the value declared by the plaintiff does not exceed three hundred piastres;

2- Matters concerning fees that have been determined before the court, regardless of the declared value.

B- FIRST INSTANCE:

1- Matters concerning movable property claims where the value declared by the plaintiff exceeds three hundred piastres but does not exceed fifteen hundred piastres.

2- Matters related to household registration (requests for birth, death, marriage registration beyond the deadline, requests to amend birth, death, marriage certificates, etc.)

PART TWO: SITUATIONS WHERE PRIMARY COURTS LOSE CONTACT WITH SECOND-LEVEL COURTS.

SECOND LEVEL.

Article 4

If due to the war situation and the interruption of communication, a primary court loses contact with a second-level court, then the Chairman of the County Anti-Fascist People's Front Committee and the primary judge will issue a decision assessing the situation and immediately report it to the Province for approval by the Provincial Anti-Fascist People's Front Committee and the Deputy Prosecutor of the second-level court.

Article 5

In cases where there is a decision assessing the situation as mentioned in Article 4, the primary court shall have the following special jurisdiction:

Article 6

From a judicial police perspective, the primary judge has the authority, after consulting with the Chairman of the County Anti-Fascist People's Front Committee, to decide on detention for up to forty-five days if it is a minor offense, or up to four months if it is a major offense. The detention period cannot be extended. When the detention period expires, the detainee must be released immediately.

If the primary court regains contact with the second-level court, the primary judge must immediately report to the Deputy Prosecutor for them to decide on the detention.

Article 7

Primary court first-instance judgments in criminal matters (sentences of imprisonment, judgments on compensation claims over three hundred piastres) shall be temporarily enforced despite any appeal by the defendant or the civil plaintiff.

Article 8

In civil matters, the primary judge has the authority to issue orders for urgent provisional measures without any limitation.

Article 9

When the primary court regains contact with the second-level court, the Chairman of the County Anti-Fascist People's Front Committee and the primary judge will issue a resolution assessing the situation.

At that time, the special jurisdiction of the primary court will cease. Matters handled by the primary judge during the loss of contact must be reported to the second-level court for approval. First-instance criminal judgments will no longer be temporarily enforced while awaiting review by the higher court of the appeal.

PART THREE: JURISDICTION OF SECOND-LEVEL COURTS.

Article 10

In criminal matters, the second-instance court has jurisdiction to adjudicate:

A- APPELLATE:

1- Appeals against judgments of the first-instance court for minor offenses;

2- Appeals against judgments of the first-instance court for compensation cases.

B- FIRST INSTANCE:

Minor or major offenses.

Article 11

In civil and ordinary matters, the second-instance court has jurisdiction to adjudicate:

A- APPELLATE:

1- Appeals against judgments of the first-instance court;

2- Cases involving immovable property where the assessed value at the time of filing or according to the document does not exceed 300 dong;

B- FIRST INSTANCE:

1- Cases involving movable property where the assessed value determined by the plaintiff exceeds 1500 dong;

2- Cases involving immovable property where the assessed value at the time of filing or according to the document exceeds 300 dong;

3- Cases where the assessed value cannot be determined;

4- Cases regardless of the assessed value but require a determination of jurisdiction;

5- Cases relating to kinship or identity of individuals (excluding household registration matters) or concerning defamation.

Article 12

All provisions of previous decrees that conflict with this decree are repealed.

Article 13

The Minister of Justice shall implement this decree./.