Resolution No. 33/2021/QH15 on organizing online court sessions

RESOLUTION
On organizing online court sessions

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;
Pursuant to the Criminal Procedure Code No. 101/2015/QH13;
Pursuant to the Civil Procedure Code No. 92/2015/QH13;
Pursuant to the Administrative Procedure Law No. 93/2015/QH13 which has been amended and supplemented with some articles by Law No. 55/2019/QH14;
Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;

DECISION:

Article 1. Online Court Sessions

1. People's Courts may organize online court sessions for first-instance and second-instance criminal, civil, and administrative cases that have simple circumstances and clear evidence in the case file, except for the following cases:

a) Criminal, civil, and administrative cases related to state secrets;

b) Criminal cases involving offenses against national security as stipulated in Chapter XIII of the Penal Code;

c) Criminal cases involving offenses against peace, crimes against humanity, and war crimes as stipulated in Chapter XXVI of the Penal Code.

2. An online court session is a court session organized in a courtroom using electronic devices connected through a network environment, allowing defendants, victims, parties, and other participants in the proceedings to participate in the court session from locations outside the courtroom as decided by the Court but still ensuring direct observation of full audio and visual coverage and participation in the procedural steps and procedures of the court session continuously, openly, and simultaneously at the same time.

The organization of online court sessions must comply with legal provisions; ensure information security and technical conditions; and maintain the solemnity of the court session.

Article 2. Effective Date

This resolution takes effect from January 1, 2022.

Article 3. Implementation Organization

1. The Chief Justice of the Supreme People's Court shall promulish or chair and coordinate with the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, the Minister of National Defense, and the heads of other relevant agencies to issue detailed regulations and guidance on implementing this resolution within their respective authorities.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy, within their respective tasks and powers, are responsible for implementing this resolution. The Supreme People's Court is responsible for reporting to the National Assembly on the implementation of this resolution in its annual report.

3. The Standing Committee of the National Assembly, the Committee for Supervision of Legal Affairs, the National Ethnic Council, other Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils at all levels, the Vietnam Fatherland Front, and its member organizations, within their respective tasks and powers, supervise the implementation of this resolution.

This resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the second session, on November 12, 2021.