Law on Organization of People's Courts No. 3-LCT/HĐNN7

LAW

ORGANIZATION OF THE PEOPLE'S COURTS

Pursuant to Article 83 of the Constitution regarding the tasks and powers of the National Assembly;

Pursuant to Articles from 127 to 137 of the Constitution regarding the tasks, organization, and activities of the People's Courts;

This Law stipulates the organization of the People's Courts.

PART I

GENERAL PROVISIONS

Article 1

The People's Courts are judicial organs of the Socialist Republic of Vietnam.

The People's Courts adjudicate criminal cases, civil cases, labor disputes, family matters, and other cases prescribed by law within their jurisdiction.

Within their functions, the People's Courts have the duty to protect socialist legality, defend the socialist regime and the collective ownership rights of the working people, safeguard socialist property, ensure respect for citizens' lives, property, freedom, dignity, and personality, contribute to successfully implementing the task of building socialism and defending the country.

Through their activities, the People's Courts contribute to educating citizens to be loyal to the country and socialism, strictly abide by laws, labor discipline, respect the rules of socialist life, prevent and combat crimes and acts violating the law, and build new socialist individuals.

Article 2

The People's Courts include:

Central Agencies of Mass Organizations;

Provincial and centrally-administered city People's Courts and equivalent levels;

District, town, and provincial-level city People's Courts;

Military People's Courts.

In special circumstances or when it is necessary to adjudicate extraordinary cases, the National Assembly or the State Council may decide to establish special courts.

At grassroots level, appropriate organizations of the people shall be established to resolve minor violations of law and disputes among the people, as provided by law.

The organization of military People's Courts is regulated by the State Council.

Article 3

The system of electing judges is implemented at all levels of the People's Courts.

The President, Vice-President, and judges of each People's Court are elected by the state power organ at the same level and can be removed by that organ.

The term of office of the President, Vice-President, and judges of the People's Courts corresponds to the term of the organ that elects them.

Article 4

The adjudication process at the People's Courts involves participation of lay assessors, as provided by law. When adjudicating, lay assessors are equal in authority with judges.

Lay assessors of each People's Court are elected by the state power organ at the same level and can be removed by that organ.

The term of office of lay assessors of the Supreme People's Court is two and a half years. The term of office of lay assessors of local People's Courts is two years.

Article 5

The People's Courts adjudicate on the principle that all citizens are equal before the law, without distinction based on gender, ethnicity, religious belief, social status, or social position.

Article 6

When adjudicating, judges and lay assessors act independently and only follow the law.

, Clause 1, Clause 2 Article 7a of this Regulation.

The People's Courts adjudicate collectively and decide by majority.

The composition of the bench at each level is regulated by the law on procedural rules.

Article 8

The People's Courts conduct public trials, except in special cases where the People's Court deems it necessary to hold closed hearings to maintain state secrets or social morals.

Article 9

The right to defense of the defendant is guaranteed.

The defendant has the right to self-defense, or to seek legal representation from a lawyer or a people's defender. In cases prescribed by law, the People's Court appoints a defense counsel for the defendant.

Other parties have the right to seek legal representation from a lawyer to protect their legitimate interests.

Article 10

The People's Courts ensure that citizens of the Socialist Republic of Vietnam belonging to various ethnic groups have the right to use their own language and script before the court.

Article 11

The defendant and other parties have the right to appeal, and the People's Procuracy has the right to lodge a protest against the first-instance judgments and decisions of the People's Courts, as provided by law.

The appellate judgment and decision is final.

Article 12

Judgments and decisions that have become legally binding may be reviewed through the cassation procedure if there is a violation of the law, or through the re-trial procedure if new facts are discovered.

Article 13

Judgments and decisions that have become legally binding must be respected by state agencies, social organizations, and all citizens.

Within their functions, public security agencies, detention centers, enforcement officers, and other relevant agencies must strictly enforce the judgments and decisions of the People's Courts and bear responsibility under the law for performing this task.

A death sentence is carried out if there is no cassation protest. If the sentenced person requests clemency, the State Council examines the request; the sentence is carried out if the State Council rejects the request.

Article 14

The People's Courts have the right to make recommendations to state agencies, enterprises, cooperatives, and people's armed units to address shortcomings in management that are causes or conditions for the emergence of crimes or acts violating the law. These organizations must respond to the People's Courts regarding these recommendations.

Article 15

The People's Procuracy exercises the prosecution function before the People's Courts, protecting the interests of the state, collectives, and the legitimate rights of citizens, initiating civil cases when necessary, participating in proceedings, and lodging protests against the judgments or decisions of the People's Courts, as provided by law.

Article 16

The management of local People's Courts in terms of organization is the responsibility of the Minister of Justice. The Minister of Justice closely coordinates with the President of the Supreme People's Court in carrying out this task.

Article 17

The People's Courts rely on social organizations to enhance the educational impact of trials and create favorable conditions for the enforcement of judgments and decisions of the People's Courts.

Article 18

The People's Courts work together with the People's Procuracy, public security agencies, inspection bodies, judicial departments, and other relevant agencies to study and implement policies and measures to prevent and combat crimes and acts violating the law.

Article 19

The Supreme People's Court is responsible and reports its work to the National Assembly; during periods when the National Assembly is not in session, it is responsible and reports its work to the State Council.

The People's Courts at local levels are responsible for and report their work to the People's Councils at the same level.

PART II

TASKS, JURISDICTION AND ORGANIZATION

OF THE PEOPLE'S COURTS AT ALL LEVELS

SUPREME PEOPLE'S COURT

Article 20

The Supreme People's Court is the highest judicial organ of the Socialist Republic of Vietnam.

The Supreme People's Court guides the People's Courts at local levels and the Military Courts in the uniform application of laws and judicial policies, supervises the trials conducted by those courts, and summarizes trial experiences.

The Supreme People's Court supervises the trials of the Specialized Courts, except when the National Assembly or the State Council provides otherwise upon establishing such courts.

The Supreme People's Court submits draft laws and ordinances concerning judicial work to the National Assembly or the State Council.

Article 21

The Supreme People's Court has jurisdiction:

1/ To conduct both first-instance and final-instance trials of particularly serious and complex cases;

2/ To review on appeal judgments and decisions of first-instance trials by provincial-level People's Courts and equivalent courts;

3/ To review on cassation or revision judgments and decisions that have become legally binding by provincial-level People's Courts and equivalent courts.

Article 22

The Supreme People's Court consists of the Chief Justice, Deputy Chief Justices, judges, and lay assessors.

The organization of the Supreme People's Court includes:

The Supreme People's Court's Bench;

The Supreme People's Court's Committee;

Specialized Courts and the Supreme People's Court's Appeals Court;

The administrative apparatus of the Supreme People's Court.

Article 23

The Supreme People's Court's Bench is the body guiding the judicial work of the People's Courts at all levels, and it is also the highest court according to the cassation procedure.

The tasks and powers of the Supreme People's Court's Bench are:

1/ To guide the judicial work of the People's Courts at all levels;

2/ To summarize trial experiences;

3/ To review reports from the Supreme People's Court's Committee regarding the judicial work of the People's Courts at all levels;

4/ To approve draft laws and ordinances before the Supreme People's Court submits them to the National Assembly or the State Council;

5/ To review decisions that have become legally binding by the Supreme People's Court's Committee.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The Supreme People's Court's Bench comprises: the Chief Justice, Deputy Chief Justices of the Supreme People's Court; Chief Judges, Deputy Chief Judges, and judges of the Supreme People's Court's specialized courts; Chief Judges, Deputy Chief Judges of the Supreme People's Court's Appeals Court.

Meetings of the Supreme People's Court's Bench discuss the application of laws and judicial policies with the participation of the Procurator General of the Supreme People's Procuracy and the Minister of Justice.

Decisions of the Supreme People's Court's Bench must be approved by more than half of its members.

Article 25

The Supreme People's Court's Committee is the standing body of the Supreme People's Court's Bench, and it is also the court conducting cassation and revision procedures.

The tasks and powers of the Supreme People's Court's Committee are:

1/ To direct the People's Courts at all levels in the uniform application of laws, judicial policies, and implementation of resolutions of the Supreme People's Court's Bench;

2/ To approve reports on the work of the Supreme People's Court submitted to the National Assembly or the State Council;

3/ To review on cassation or revision judgments and decisions that have become legally binding by the Supreme People's Court's specialized courts and Appeals Court;

4/ To decide on convening sessions of the Supreme People's Court's Bench.

Article 26

The Supreme People's Court's Committee comprises: the Chief Justice, Deputy Chief Justices of the Supreme People's Court, Chief Judges of the Supreme People's Court's specialized courts and Appeals Court.

Meetings of the Supreme People's Court's Committee discuss the application of laws and judicial policies with the participation of the Procurator General of the Supreme People's Procuracy and the Minister of Justice.

Decisions of the Supreme People's Court's Committee must be approved by more than half of its members.

Article 27

The tasks and powers of the Supreme People's Court's specialized courts are:

1/ To conduct both first-instance and final-instance trials of cases within the jurisdiction of the Supreme People's Court;

2/ To review on cassation or revision judgments and decisions that have become legally binding by provincial-level People's Courts and equivalent courts.

The Supreme People's Court's specialized courts consist of Chief Judges, Deputy Chief Judges, and judges.

Article 28

The tasks and powers of the Supreme People's Court's Appeals Court are to review judgments and decisions of first-instance trials by provincial-level People's Courts and equivalent courts.

The Supreme People's Court's Appeals Court consists of Chief Judges, Deputy Chief Judges, and judges.

Article 29

The tasks and powers of the Chief Justice of the Supreme People's Court are:

1/ To organize the judicial activities of the Supreme People's Court;

2/ To chair meetings of the Supreme People's Court's Bench and Committee;

3/ To preside over sessions of the Supreme People's Court's specialized courts and Appeals Court, if deemed necessary;

4/ To file cassation objections against judgments and decisions that have become legally binding by the People's Courts at all levels; to temporarily suspend execution of sentences, if deemed necessary;

5/ To submit opinions to the State Council regarding cases where convicted persons request commutation of death sentences;

6/ To appoint Chief Judges and Deputy Chief Judges of the Supreme People's Court's specialized courts and Appeals Court; to assign judges;

7/ To establish the organizational structure of the Supreme People's Court and submit it to the State Council for approval; to manage the organization, appointment, and management of personnel of the Supreme People's Court;

8/ To report the work of the Supreme People's Court to the National Assembly and the State Council.

Article 30.

The tasks and powers of the Deputy Chief Justices of the Supreme People's Court are:

1/ To assist the Chief Justice in performing his duties;

2/ To file cassation objections against judgments and decisions that have become legally binding by local People's Courts; to temporarily suspend execution of sentences, if deemed necessary.

Provincial-level People's Courts and equivalent courts

directly under the central government and equivalent levels

Article 31

Provincial-level People's Courts and equivalent courts have jurisdiction:

1. First instance adjudication of cases not within the jurisdiction of the People's Courts at district, city district, town, and provincial city levels, and cases within their jurisdiction but taken up for trial by the People's Courts at provincial level, centrally governed cities, and equivalent levels;

2. Second instance review of judgments and decisions of first instance of the People's Courts at district, city district, town, and provincial city levels;

3. Supervisory review or retrial of judgments and decisions that have become legally binding of the People's Courts at district, city district, town, and provincial city levels.

Article 32

The People's Courts at provincial level, centrally governed cities, and equivalent levels shall consist of the Chief Justice, Deputy Chief Justices, judges, and lay assessors.

The organization of the People's Courts at provincial level, centrally governed cities, and equivalent levels includes:

The Bench;

Specialized courts;

The administrative apparatus of the People's Court.

Article 33

The tasks and powers of the Bench of the People's Courts at provincial level, centrally governed cities, and equivalent levels are:

1. Ensuring uniform application of laws and judicial policies at local People's Courts;

2/ To summarize trial experiences;

3. Approving reports on court operations to be submitted to the People's Councils at the same level;

4. Supervisory review or retrial of judgments and decisions that have become legally binding of the People's Courts at district, city district, town, and provincial city levels.

The Bench consists of the Chief Justice, Deputy Chief Justices, Presidents of specialized courts, and Vice-Presidents of specialized courts.

Decisions of the Bench must be approved by more than half of its members.

Article 34

The tasks and powers of the specialized courts of the People's Courts at provincial level, centrally governed cities, and equivalent levels are:

1. First instance adjudication of cases within the jurisdiction of the People's Courts at provincial level, centrally governed cities, and equivalent levels;

2. Second instance review of judgments and decisions of first instance of the People's Courts at district, city district, town, and provincial city levels.

The specialized courts shall consist of the President of the court, Vice-President of the court, and judges.

Article 35

The tasks and powers of the Chief Justice of the People's Courts at provincial level, centrally governed cities, and equivalent levels are:

1. Organizing the operation of trials of the court;

2. Chairing meetings of the Bench;

3. Chairing sessions of the court when deemed necessary;

4. Filing supervisory review objections against judgments and decisions that have become legally binding of lower-level People's Courts, suspending enforcement of judgments if deemed necessary;

5. Appointing Presidents and Vice-Presidents of specialized courts;

6. Reporting on court operations to the People's Councils at the same level and to higher-level People's Courts.

Deputy Chief Justices assist the Chief Justice in performing duties.

The People's Courts at district level,

1. This Decree stipulates the organization of specialized agencies under the People's Committee of districts, towns, cities under provinces (hereinafter referred to collectively as district level).

Article 36

The People's Courts at district, city district, town, and provincial city levels have jurisdiction:

1. First instance adjudication of criminal cases, except for the following types of offenses:

- Offenses endangering national security;

- Other serious, complex, or causing significant consequences criminal offenses.

or causing serious consequences.

2. First instance adjudication of civil, labor, marriage and family, and other cases prescribed by law, except for cases where the parties involved are foreigners or Vietnamese residing abroad.

The People's Courts at district, city district, town, and provincial city levels shall consist of the Chief Justice, Deputy Chief Justice, judges, and lay assessors.

Article 37

The tasks and powers of the Chief Justice of the People's Courts at district, city district, town, and provincial city levels are:

provincial city, provincial capital city is:

1. Organizing the operation of trials of the court;

2. Chairing sessions of the court or assigning judges to chair sessions of the court;

3. Reporting on court operations to the People's Councils at the same level and to higher-level People's Courts.

Deputy Chief Justices assist the Chief Justice in performing duties.

Secretaries and legal officers of the People's Courts

Article 38

At the People's Courts, there are court secretaries, and depending on work requirements, there may be legal officers to assist.

Escorting defendants and protecting court sessions

Article 39

The Public Security Organs are responsible for escorting defendants and protecting court sessions of the People's Courts.

CHAPTER III

JUDGES AND LAY ASSESSORS

Article 40

Vietnamese citizens loyal to the country and socialism, possessing necessary legal knowledge, and with a firm spirit to uphold socialist rule of law, may be elected as judges of the People's Courts.

Vietnamese citizens loyal to the country and socialism, having good relations with the people, may be elected as lay assessors of the People's Courts.

Article 41

The number of judges and lay assessors of the Supreme People's Court is determined by the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court.

The number of judges of the People's Courts at local levels is determined by the Minister of Justice after consultation with the Chief Justice of the Supreme People's Court.

The number of lay assessors of each People's Court at local levels is determined by the People's Councils at local levels upon the proposal of the Chief Justice of the People's Court at the same level.

Article 42 |||

The Chief Justice of the Supreme People's Court is elected by the National Assembly from among the National Assembly deputies, introduced jointly by the Chairman of the State Council and the leaders of the National Assembly delegations, after consulting the delegations.

The Deputy Chief Justices and judges of the Supreme People's Court are appointed by the State Council upon the proposal of the Chairman of the State Council.

The lay assessors of the Supreme People's Court are appointed by the State Council upon the introduction of the Central Committee of the Vietnam Fatherland Front.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

The Chief Justice, Deputy Chief Justices, and judges of the People's Courts at local levels are elected by the People's Councils at the same level upon the introduction of the presiding officer of the People's Council session.

The lay assessors of the People's Courts at local levels are elected by the People's Councils at the same level upon the introduction of the Vietnam Fatherland Front Committee at the local level.

Article 44 |||

Lay assessors have the duty to participate in the trial work of the People's Courts.

Organizations, enterprises, cooperatives, and mass organizations with individuals elected as lay assessors must create conditions for them to perform their duties at the court.

Lay assessors are provided training in their duties and receive allowances when participating in trial work.

Article 45 |||

The establishment of the Supreme People's Court is regulated by the Chief Justice of the Supreme People's Court and submitted to the State Council for approval.

The total establishment of the People's Courts at local levels is proposed by the Minister of Justice to the Council of Ministers for decision.

The Minister of Justice regulates the establishment for each People's Court at local levels.

PART IV

FINAL PROVISIONS

Article 46 |||

This Law replaces previous legal documents concerning the organization of the People's Courts.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, Seventh Session, First Meeting, on July 3, 1981.