Resolution No. 24/2003/QH11 on the Implementation of the Criminal Procedure Code

 RESOLUTION
ON THE ENFORCEMENT OF THE CODE OF CRIMINAL PROCEDURE 

OF THE NATIONAL ASSEMBLY 

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;

RESOLVES

1. The Code of Criminal Procedure was adopted by the National Assembly of the Socialist Republic of Vietnam at its fourth session of the eleventh term on November 26, 2003, and shall take effect from July 1, 2004.

This Code of Criminal Procedure replaces the Code of Criminal Procedure adopted by the National Assembly on June 29, 1988, and the laws amending and supplementing certain provisions of the Code of Criminal Procedure adopted by the National Assembly on June 30, 1990, December 22, 1992, and June 9, 2000.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties shall independently or in coordination with relevant agencies organize the review of guiding documents for the enforcement of the current Code of Criminal Procedure to abolish, amend, supplement, or issue new documents; propose to the National Assembly and the Standing Committee of the National Assembly to abolish, supplement, amend, or issue new documents in accordance with the provisions of this Code of Criminal Procedure to ensure its effectiveness from July 1, 2004.

3. From the date this Code of Criminal Procedure takes effect, the People's Courts at district, city district, provincial city, and military region levels that meet the conditions may be granted the authority to try cases newly prescribed in Clause 1 of Article 170 of this Code. Those that do not meet the conditions shall exercise the first-instance trial authority over less serious, serious criminal cases, except those specified in Points a, b, and c of Clause 1 of Article 170 of this Code; however, by no later than July 1, 2009, all People's Courts at district, city district, provincial city, and military region levels shall uniformly exercise the new trial authority prescribed in Clause 1 of Article 170 of the Code of Criminal Procedure.

Within their respective functions and duties, the Supreme People's Court shall coordinate with the Supreme People's Procuracy and the Government to request the Standing Committee of the National Assembly to decide which People's Courts at district, city district, provincial city, and military region levels can exercise the new trial authority prescribed in Clause 1 of Article 170 of this Code of Criminal Procedure.

The Supreme People's Court, the Supreme People's Procuracy, and the Government within their respective functions and duties shall urgently consolidate the material infrastructure and staff of investigation agencies, prosecution offices, and courts at district, city district, provincial city, and military region levels that have not yet met the conditions to ensure that these People's Courts and military region courts can uniformly exercise the new trial authority prescribed in Clause 1 of Article 170 of this Code of Criminal Procedure.

4. From the date of promulgation of the Code of Criminal Procedure until the date it takes effect:

a. For criminal judgments and decisions that have become legally binding and were subject to cassation appeal before the promulgation of the Code of Criminal Procedure but have not yet been reviewed, the Cassation Panel has the right to decide according to the provisions of Article 254 of the 1988 Code of Criminal Procedure.

b. For criminal judgments and decisions that have become legally binding and were subject to cassation appeal after the promulgation of the Code of Criminal Procedure, the Cassation Panel has the right to decide according to Points 1, 2, and 3 of Article 254 of the 1988 Code of Criminal Procedure.

5. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties shall be responsible for coordinating with the Central Committee of the Vietnam Fatherland Front and its member organizations to widely publicize this Code of Criminal Procedure among cadres and the people to enhance its effectiveness in combating crime across all areas of state management and in social life.

6. The Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for implementing and guiding the enforcement of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam at its fourth session of the eleventh term on November 26, 2003.