Law on Organization of People's Courts No. 33/2002/QH10

LAW OF THE NATIONAL ASSEMBLY

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y ban thường vụ National Assembly approves;

12. Organize inspections of budget management and usage within the scope of responsibility of the Court system to ensure compliance with legal provisions on the state budget; implement other tasks as prescribed by law.

Article 26

The Deputy President of the Supreme People's Court assists the President in performing duties as assigned by the President. In the absence of the President, a Deputy President appointed by the President shall lead the Court's operations. The Deputy President is responsible to the President for the assigned tasks.

Chapter III

PEOPLE'S COURTS AT LOCAL LEVELS

PART A
PROVINCE AND CITY PEOPLE'S COURTS
UNDER THE CENTRAL AUTHORITY

Article 27

1- The organizational structure of provincial and centrally-administered city people's courts includes:

a) The Board of Judges;

b) Criminal Court, Civil Court, Economic Court, Labor Court, Administrative Court; in cases deemed necessary, the Standing Committee of the National Assembly decides to establish specialized courts upon the proposal of the President of the Supreme People's Court;

c) Administrative support staff.

2- Provincial and centrally-administered city people's courts have a President, Deputy Presidents, Judges, People's Assessors, and Court Secretaries.

Article 28

Provincial and centrally-administered city people's courts have jurisdiction:

1- To conduct first-instance trials according to the provisions of procedural laws;

2- To conduct second-instance trials of cases where the first-instance judgments or decisions of lower courts have not yet taken legal effect and are subject to appeal or protest as prescribed by procedural laws;

3- To conduct cassation and retrial of cases where the judgments or decisions of lower courts have taken legal effect and are subject to protest as prescribed by procedural laws;

4- To resolve other matters as prescribed by law.

Article 29

1- The Board of Judges of provincial and centrally-administered city people's courts consists of:

a) The President and Deputy Presidents of provincial and centrally-administered city people's courts;

b) A number of Judges of provincial and centrally-administered city people's courts decided by the President of the Supreme People's Court upon the recommendation of the President of the provincial or centrally-administered city people's court.

The total number of members of the Board of Judges of provincial and centrally-administered city people's courts shall not exceed nine persons.

2- The Board of Judges of provincial and centrally-administered city people's courts has the following responsibilities and powers:

a) To conduct cassation and retrial of cases where the judgments or decisions of lower courts have taken legal effect and are subject to protest;

b) To ensure uniform application of laws at their own level and subordinate courts;

c) Summarize trial experience;

d) To approve reports from the President of provincial and centrally-administered city people's courts regarding the work of local courts to be reported to the same-level People's Councils and the Supreme People's Court.

3- Meetings of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y ban Judges of provincial and centrally-administered city people's courts must have at least two-thirds of the total number of members participating. Decisions of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y ban Judges of provincial and centrally-administered city people's courts must be approved by more than half of the total number of members.

Article 30.

1- Specialized courts of provincial and centrally-administered city people's courts have a Chief Judge, Deputy Chief Judge, Judges, and Court Secretaries.

2- Criminal, Civil, and Administrative Courts of provincial and centrally-administered city people's courts have the following responsibilities and powers:

a) To conduct first-instance trials according to the provisions of procedural laws;

b) To conduct second-instance trials of cases where the first-instance judgments or decisions of lower courts have not yet taken legal effect and are subject to appeal or protest as prescribed by procedural laws.

3- Economic Court of provincial and centrally-administered city people's courts have the following responsibilities and powers:

a) To conduct first-instance economic trials according to the provisions of procedural laws;

b) To conduct second-instance economic trials of cases where the first-instance judgments or decisions of lower courts have not yet taken legal effect and are subject to appeal or protest as prescribed by procedural laws;

c) To resolve bankruptcy proceedings as prescribed by law.

4- Labor Court of provincial and centrally-administered city people's courts have the following responsibilities and powers:

a) To conduct first-instance labor trials according to the provisions of procedural laws;

b) To conduct second-instance labor trials of cases where the first-instance judgments or decisions of lower courts have not yet taken legal effect and are subject to appeal or protest as prescribed by procedural laws;

c) To resolve strikes as prescribed by law.

Article 31

1- The President of provincial and centrally-administered city people's courts has the following responsibilities and powers:

a) To organize trial work and other work as prescribed by law;

b) To preside over meetings of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y ban Judges;

c) To protest judgments or decisions that have taken legal effect of lower courts through cassation or retrial procedures as prescribed by procedural laws;

d) To appoint, dismiss, or remove from office the Chief Judge, Deputy Chief Judge of specialized courts, and other positions within their own court, except for Deputy Presidents and Judges;

đ) To organize professional training for Judges, People's Assessors, and court staff at their own and subordinate levels;

e) To report the work of local courts to the same-level People's Councils and the Supreme People's Court;

g) To perform other tasks as prescribed by law.

2. Deputy Presidents of provincial and centrally-administered city people's courts assist the President in performing duties as assigned by the President. In the absence of the President, a Deputy President appointed by the President shall lead the local court's operations. Deputy Presidents are responsible to the President for the assigned tasks.

PART B

COUNTY, DISTRICT, CITY-DISTRICT, AND CITY PEOPLE'S COURTS

UNDER PROVINCES

Article 32

1. County, district, city-district, and city people's courts under provinces have a President, one or two Deputy Presidents, Judges, People's Assessors, and Court Secretaries.
County, district, city-district, and city people's courts under provinces have administrative support staff.

2. County, district, city-district, and city people's courts under provinces have jurisdiction to conduct first-instance trials according to the provisions of procedural laws.

Article 33

1. The President of county, district, city-district, and city people's courts under provinces has the following responsibilities and powers:

a) To organize trial work and other work as prescribed by law;

b) To report the work of the court to the same-level People's Councils and the higher-level court.

2. Deputy Presidents assist the President in performing duties as assigned by the President and are responsible to the President for the assigned tasks.

Chapter IV
MILITARY COURTS

Article 34

1. Military courts are established within the Vietnam People's Army to adjudicate cases where the defendant is an active-duty military personnel and other cases as prescribed by law.

2. Military courts include:

a) Central Military Court;

b) Military regional courts and equivalent courts;

c) Military Area Courts.

3. Military personnel, civil servants, and defense workers employed at military courts have rights and obligations under the military system; they are entitled to allowances for the judiciary sector.

Article 35 

1. The Central Military Court has a Chief Judge, Deputy Chief Judges, Judges, and Court Secretaries.

The Chief Judge of the Central Military Court is a Deputy Chief Judge of the Supreme People's Court; Military Court Judges are Supreme People's Court Judges.

2. Regional Military Courts and equivalent courts have a Chief Judge, Deputy Chief Judges, Judges, Military Lay Assessors, and Court Secretaries.

3. Military area courts have a Chief Judge, Deputy Chief Judge, Judges, Military Lay Assessors, and Court Secretaries.

Article 36

The organization and operation of military courts are regulated by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Standing Committee of the National Assembly.

Chapter V
JUDGES AND LAY ASSESSORS

Article 37

1. A citizen of Vietnam who is loyal to the country and the Constitution of the Socialist Republic of Vietnam, has good character and morality, honesty, and integrity, possesses a spirit of resolutely defending socialist rule of law, holds a bachelor's degree in law and has been trained in judicial practice, has practical work experience as prescribed by law, has the ability to perform judicial duties, and has health sufficient to fulfill assigned tasks may be selected and appointed as a Judge.

2. A citizen of Vietnam who is loyal to the country and the Constitution of the Socialist Republic of Vietnam, has good character and morality, honesty, and integrity, possesses legal knowledge, a spirit of resolutely defending socialist rule of law, and health sufficient to fulfill assigned tasks may be elected or appointed as a Lay Assessor.

3. Judges and Lay Assessors are responsible before the law for performing their duties and powers and must maintain confidentiality in accordance with the law; if they commit acts violating the law, they will be subject to disciplinary action or criminal prosecution according to the law depending on the nature and severity of the violation.

4. When performing their duties and powers, if Judges and Lay Assessors cause damage, the court where they conduct the trial shall bear responsibility for compensation, and the Judge or Lay Assessor causing the damage shall be responsible for reimbursing the court according to the law.

5. Specific criteria for Judges and Lay Assessors at each level of court, procedures for selection, appointment, removal from office, dismissal of Judges, election or appointment, removal from office, and removal of Lay Assessors, as well as the rights and obligations of Judges and Lay Assessors are regulated by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Government and the Supreme People's Prosecution Service within their respective functions and responsibilities are responsible for guiding the implementation of this Ordinance./.

Article 38

Judges and Lay Assessors must respect the people and be subject to the supervision of the people.

When performing their duties and powers, Judges and Lay Assessors have the right to contact state agencies, the Vietnam Fatherland Front and its member organizations, other social organizations, economic organizations, militia units, and citizens. Within their functions and tasks, these agencies, organizations, and citizens have the responsibility to create conditions for Judges and Lay Assessors to perform their duties.

Any act that obstructs Judges and Lay Assessors in performing their duties is strictly prohibited.

Article 39

Individuals meeting the criteria set forth in Clause 1 of Article 37 of this Law to be appointed as Judges must be selected and recommended by the Selection Council for Judges.

The organization and operation of the Selection Council for Judges, and the relationship between the Selection Council for Judges and the Chief Judge of the Supreme People's Court are regulated by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Standing Committee of the National Assembly based on the proposal of the Chief Judge of the Supreme People's Court.

2. The number of Military Judges and Lay Assessors of military courts is determined by the Standing Committee of the National Assembly based on the proposal of the Chief Judge of the Supreme People's Court after reaching consensus with the Minister of Defense.

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

State agencies, militia units, economic organizations, and social organizations with individuals elected or appointed as Lay Assessors have the responsibility to create conditions for Lay Assessors to perform their trial duties.

Lay Assessors are provided with training in judicial matters, uniforms, and allowances when performing trial duties.

Chapter VI
ENSURING THE OPERATION OF COURTS

Article 44 |||

The salary, allowance, identification card, uniform, and preferential treatment for judges and civil servants in the judiciary sector are regulated by the Standing Committee of the National Assembly.

Article 45 |||

1. The total establishment of the Supreme People's Court and local People's Courts is decided by the Standing Committee of the National Assembly based on the proposal of the Chief Judge of the Supreme People's Court.

2. The total establishment of the Central Military Court and regional military courts and equivalent courts is decided by the Standing Committee of the National Assembly based on the proposal of the Chief Judge of the Supreme People's Court after reaching consensus with the Minister of Defense.

The Chief Judge of the Supreme People's Court closely coordinates with the Minister of Defense to establish the establishment for each regional military court and equivalent court.

Article 46 |||

1. The operating budget of the Supreme People's Court and local People's Courts is prepared by the Supreme People's Court and proposed to the Government for decision by the National Assembly.

2. The operating budget of military courts is prepared jointly by the Ministry of Defense and the Supreme People's Court and proposed to the Government for decision by the National Assembly.

3. Management, allocation, and use of funds are carried out in accordance with the law on state budget.

4. The State prioritizes investment in information technology and other means to ensure that the judiciary sector can effectively perform its functions and tasks.

Article 47 |||

Police agencies are responsible for escorting defendants and protecting court sessions of the Supreme People's Court and local People's Courts.

Security forces within the military are responsible for escorting defendants and protecting court sessions of military courts.

Chapter VII

IMPLEMENTING PROVISIONS

Article 48

This Law replaces the Law on the Organization of People's Courts dated October 6, 1992, which was amended and supplemented by laws amending and supplementing certain articles of the Law on the Organization of People's Courts on December 28, 1993, and October 28, 1995.

Previous regulations contrary to this Law are abolished.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the tenth session, eleventh meeting, on April 2, 2002./.