LAW ON THE ORGANIZATION OF PEOPLE'S COURTS NUMBER 34/2024/QH15

 LAW

ORGANIZATION OF THE PEOPLE'S COURTS

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on the Organization of the People's Courts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the position, functions, tasks, powers, and organizational structure of the People's Courts; the positions of Judge, Associate Judge, and other positions within the People's Courts; and the assurance of the operation of the People's Courts.

Article 2. Position and Functions of the People's Courts

1. The People's Court is the judicial organ of the Socialist Republic of Vietnam, exercising judicial power.

2. The People's Court exercises judicial power to fulfill the mission of protecting justice, protecting human rights, citizens' rights, protecting the socialist regime, protecting the interests of the State, and the legitimate rights and interests of organizations and individuals; through its activities, it contributes to educating citizens to be loyal to the country, strictly adhering to the law, and fostering awareness in combating crime and other violations of the law.

3. The People's Court, representing the Socialist Republic of Vietnam, adjudicates and resolves cases and matters according to the provisions of the law.

Article 3. Tasks and Powers of the People's Courts

1. The People's Court exercises judicial power including the right to adjudicate and decide on disputes and violations of the law, issues related to human rights, and the rights and obligations of agencies, organizations, and individuals as prescribed by law; ensuring uniform application of the law in adjudication.

2. When exercising judicial power, the People's Court has the following tasks and powers:

a) Adjudicating and resolving criminal cases, administrative cases, civil cases (including civil lawsuits and civil matters), bankruptcy cases and other cases and matters as prescribed by law;

b) Resolving and adjudicating administrative violations as prescribed by law;

c) Deciding on issues related to human rights, rights, and obligations of agencies, organizations, and individuals as prescribed by law;

d) Identifying and recommending the constitutionality and legality of regulatory legal documents during adjudication and resolution of cases and matters as prescribed by law;

đ) Interpreting the application of laws during adjudication and resolution of cases and matters;

e) Summarizing practical adjudication experiences, ensuring uniform application of the law in adjudication; developing precedents;

g) Fulfilling tasks and powers regarding enforcement of judgments as prescribed by law;

h) Fulfilling other tasks and powers as prescribed by law.

Article 4. Organization and authority to establish and dissolve people's courts

1. The organization of people's courts includes:

a) Supreme People's Court;

b) High People's Courts;

c) Provincial People's Courts and People's Courts of centrally administered cities;

d) District People's Courts, urban district People's Courts, and People's Courts of towns and cities under provinces and centrally administered cities;

đ) Specialized first-instance Administrative People's Courts, Specialized first-instance Intellectual Property People's Courts, and Specialized Bankruptcy People's Courts (hereinafter collectively referred to as Specialized first-instance People's Courts);

e) Central Military Courts, Military Region Courts, and equivalent courts, and Military Zone Courts (hereinafter collectively referred to as Military Courts).

2. The authority to establish and dissolve High People's Courts; Provincial People's Courts and People's Courts of centrally administered cities; District People's Courts, urban district People's Courts, and People's Courts of towns and cities under provinces and centrally administered cities; Specialized first-instance People's Courts, and Military Courts is defined as follows:

a) The Standing Committee of the National Assembly decides on the establishment, dissolution, and territorial jurisdiction of High People's Courts and Specialized first-instance People's Courts; establishes and dissolves Provincial People's Courts and People's Courts of centrally administered cities, District People's Courts, urban district People's Courts, and People's Courts of towns and cities under provinces and centrally administered cities upon the proposal of the President of the Supreme People's Court;

b) The Standing Committee of the National Assembly decides on the establishment, dissolution, and territorial jurisdiction of Military Region Courts and equivalent courts, and Military Zone Courts upon the proposal of the President of the Supreme People's Court after consultation with the Minister of Defense.

Article 5. Principles of organization and operation of People's Courts

1. Independence in adjudicatory authority.

2. Ensuring equality before the law and the courts.

3. Timely, fair, open, impartial, and objective exercise of judicial power.

4. Ensuring the system of first-instance and appellate trials.

5. Implementing the system of first-instance trials with lay judges participating, except in cases tried under simplified procedures.

6. Judges and lay judges adjudicate independently and only follow the law.

7. People's Courts collectively try cases and decide by majority vote, except in cases tried under simplified procedures.

8. Ensuring adversarial proceedings during trials.

9. Ensuring the right to defense for defendants, the right to protect the legitimate rights and interests of victims and parties.

10. The People's Courts are subject to supervision by the people, the National Assembly, People's Councils, the Vietnam Fatherland Front, and its member organizations.

Article 6. Independence in adjudicatory authority

Courts are organized and operate independently according to their adjudicatory authority.

Article 7. Ensuring equality before the law and the courts

Courts adjudicate on the principle that everyone is equal before the law, without distinction based on ethnicity, belief, religion, gender, social status; all agencies, organizations, and individuals are equal before the courts.

Article 8. Timely, fair, open, impartial, and objective exercise of judicial power

1. Courts timely exercise judicial power within the prescribed time limits, ensuring fairness, openness, impartiality, and objectivity.

2. Trials are public. In special cases where state secrets must be kept, customs and traditions of ethnic groups must be preserved, minors must be protected, or personal privacy, personal secrets, family secrets, professional secrets, or business secrets of parties must be kept at their legitimate request, the court may conduct closed trials.

3. Courts publicly carry out trial activities and other activities. The scope, content, and form of public activities of the court are regulated by the President of the Supreme People's Court.

Article 9. Ensuring the system of first-instance and appellate trials

1. Courts ensure the system of first-instance and appellate trials.

First-instance judgments and decisions of the court may be appealed or protested according to the provisions of the law. First-instance judgments and decisions not appealed or protested within the prescribed time limit shall have legal effect.

If first-instance judgments and decisions are appealed or protested, the case or matter must be retried and resolved through appellate procedures. Appellate judgments and decisions of the court shall have legal effect.

2. Judgments and decisions of the court that have taken legal effect and are found to violate the law or contain new circumstances as provided by the law shall be reviewed according to the cassation or revision procedure.

Article 10. Implementing the system of first-instance trials with lay judges participating

Courts conduct first-instance trials of cases with lay judges participating as prescribed by the law, except in cases tried under simplified procedures.

Article 11. Judges and lay judges adjudicate independently and only follow the law

1. Judges and lay judges adjudicate independently and only follow the law. Strictly prohibiting any agency, organization, or individual from interfering in the trial and resolution of cases by judges and lay judges in any form.

2. Courts, judges, lay judges, and other judicial officials of the court are not required to explain or provide information about their views on the trial and resolution of cases currently being handled.

3. No investigation shall be conducted against judges and lay judges regarding their trial and resolution of cases currently undergoing litigation, except when there is evidence indicating that judges and lay judges violated criminal law in the trial and resolution of those cases.

4. Any agency, organization, or individual who interferes in the trial and resolution of cases by judges and lay judges shall be disciplined, administratively sanctioned, or criminally prosecuted according to the nature and degree of violation as stipulated by law.

Article 12. The People's Court shall hear cases collectively and decide by majority vote.

The People's Court shall hear cases collectively and decide by majority vote, except in cases heard under simplified procedures. The composition of the Bench shall be as prescribed by law.

Article 13. The principle of adversarial proceedings in trials shall be guaranteed.

The principle of adversarial proceedings in trials shall be guaranteed. The Court shall ensure that those conducting litigation and those participating in litigation exercise their right to adversarial proceedings as prescribed by law.

Article 14. Ensuring the defense rights of the accused and defendant, and the right to protect the legitimate rights and interests of the victim and interested party.

1. The defense rights of the accused and defendant, and the right to protect the legitimate rights and interests of the victim and interested party shall be ensured. The accused and defendant have the right to self-defense, to seek legal counsel or other persons to defend them; the victim and interested party in the case have the right to self-representation or to seek someone to protect their legitimate rights and interests.

2. The Court shall be responsible for ensuring the right to self-defense, to be defended, to legal assistance, and to have a representative for the accused and defendant as prescribed by law. The Court shall ensure that the victim and interested party exercise their right to protect their legitimate rights and interests.

Article 15. Collection of materials and evidence in trials, resolution of criminal cases, administrative cases, civil matters, and other matters within the jurisdiction of the Court.

1. In criminal cases, administrative cases, civil matters, and other matters, the parties shall collect, provide, and submit materials and evidence to the Court in accordance with the law.

2. The Court shall guide relevant agencies, organizations, and individuals to collect and submit materials and evidence in administrative cases, civil matters, and other matters in accordance with the law.

3. The Court may request relevant agencies, organizations, and individuals to provide materials and evidence in accordance with the law. Agencies, organizations, and individuals managing or storing materials and evidence shall be responsible for providing such materials and evidence in accordance with the law upon request from the Court.

4. The Court shall assist in collecting materials and evidence by requesting relevant agencies, organizations, and individuals to provide materials and evidence in administrative cases, civil matters, and other matters in accordance with the law when the parties have taken necessary measures but cannot collect materials and evidence and request Court assistance.

5. The Court shall accept materials and evidence provided by relevant agencies, organizations, and individuals, and submitted by the parties.

6. The Court shall examine and verify the authenticity of materials and evidence in accordance with the law.

7. The Court shall base its judgment and resolution on materials and evidence provided by relevant agencies, organizations, and individuals, submitted by the parties, clarified at the trial session or meeting in accordance with the law, and the results of adversarial proceedings.

Article 16. Languages and scripts used before the Court.

1. The language and script used before the Court shall be Vietnamese.

2. The Court shall ensure the right of participants in litigation to use their own language and script; deaf-mute or blind persons have the right to use sign language, Braille, or other special languages and scripts before the Court, and interpreters must be present in these cases.

Article 17. Ensuring the Legal Effectiveness of Court Judgments and Decisions

1. Court judgments and decisions having legal effect must be respected by agencies, organizations, and individuals; relevant agencies, organizations, and individuals must strictly comply with them.

2. The legal effectiveness of court judgments and decisions shall be ensured for enforcement in accordance with the provisions of the law.

3. If there are errors in the application of laws, serious violations of procedural rules, or conclusions that do not match the objective circumstances of the case, court judgments and decisions having legal effect must be reviewed and decided upon, and corrective measures taken according to the procedures and formalities stipulated by the law by the competent court.

4. Agencies, organizations, and individuals who fail to enforce court judgments and decisions in accordance with the law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, as provided by law.

Article 18. Ensuring the Legal Effectiveness and Efficiency of Court Operations

1. Agencies, organizations, and individuals must respect the courts, judges, assessors, and other judicial officials of the court, and strictly comply with the court's decisions and requests.

2. It is strictly prohibited for agencies, organizations, and individuals to obstruct, interfere, or exert illegal influence on the adjudication process or exercise of judicial power. In cases where agencies, organizations, or individuals inside or outside the court engage in such acts as specified in this clause, judges, assessors, and other judicial officials of the court must immediately report to the competent authority for prompt resolution and handling.

3. Any act that insults, harms the dignity, reputation, or sanctity of the court; threatens, insults, harms the honor, reputation, or life and health of judges, assessors, other judicial officials, or persons performing tasks at the request of the court; or abuses the right to appeal or report to falsely accuse judges, assessors, other judicial officials, civil servants, or employees of the court is strictly prohibited.

4. Persons who violate the provisions of paragraphs 1, 2, and 3 of this Article shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, as provided by law.

Article 19. Coordination Responsibilities between Courts and Agencies/Organizations

1. Within their functions, tasks, and authorities, courts have the responsibility to coordinate with agencies and organizations to study and propose policies, laws, and regulations on preventing and combating law violations and crimes, ensuring national security, public order, and social safety; to request agencies and organizations to apply measures to address the causes and conditions leading to crime or law violations within those agencies and organizations. Within thirty days from the date of receipt of the court’s request, the agency or organization receiving the request must inform the court about the results of the handling, except where otherwise provided by law.

2. Within their assigned functions, tasks, and authorities, agencies and organizations have the responsibility to coordinate to enable the court to perform its duties and powers; to enforce court judgments and decisions.

Article 20. Management of People's Courts on organizational matters

1. The Supreme People's Court manages the People's Courts on organizational matters.

2. The Supreme People's Court takes the lead and coordinates with the Ministry of National Defense to manage military courts on organizational matters. The regulations on coordination between the Supreme People's Court and the Ministry of National Defense in managing military courts on organizational matters shall be prescribed by the Standing Committee of the National Assembly.

Article 21. Courts are subject to supervision by the people, the National Assembly, the People's Councils, the Vietnam Fatherland Front, and its member organizations.

1. The people supervise the activities of the courts and exercise their rights to request, propose, and make suggestions to the courts in accordance with the law.

2. The National Assembly, the People's Councils, the Vietnam Fatherland Front, and its member organizations supervise the activities of the courts in accordance with the law. Such supervision ensures compliance with legal provisions, controls power, prevents and combats corruption and negative practices in court activities; ensures that such supervision does not affect the normal operation of the courts, the trial and resolution of cases and matters by judges and lay assessors.

Article 22. Traditional Day and Emblem of the People's Courts

1. The traditional day of the People's Courts is September 13 each year.

2. Each People's Court has its own emblem. The President of the Supreme People's Court prescribes the emblem of the People's Courts.

Chapter II

DUTIES AND POWERS OF COURTS

Section 1

DUTIES AND POWERS OF COURTS WITH JURISDICTION TO TRIAL

Article 23. Duties and powers of the first-instance courts

1. First-instance courts have the authority to thoroughly, objectively, and comprehensively examine, evaluate, and determine all circumstances of the case or matter based on evidence, materials, the results of litigation, and legal provisions to decide issues related to the case or matter.

2. When trying and resolving cases or matters, first-instance courts have the following duties and powers:

a) Examine and accept cases or matters; organize court sessions and hearings for trying and resolving cases or matters;

b) Guide and require relevant agencies, organizations, and individuals to collect, provide, and submit evidence and materials for the trial and resolution of cases or matters;

c) Decide on the application, modification, or revocation of preventive measures, coercive measures, and provisional emergency measures;

d) Decide on recognizing the agreement of the parties and the result of mediation between the parties;

đ) Decide on bringing the criminal case to trial, temporarily suspending, terminating the resolution of the case or matter, restoring a criminal case, postponing, temporarily stopping the court session or hearing, continuing the trial or resolution of the case or matter;

e) Require investigators, prosecutors, and other persons to present information related to criminal cases at the court session;

g) Examine and conclude on the legality of decisions and procedural acts of those conducting proceedings and participating in proceedings during the trial and resolution of cases or matters;

h) Examine and conclude on the legality of materials and evidence collected, provided, or submitted to the court by agencies, organizations, and individuals;

i) Return the file requesting the Prosecutor's Office to conduct supplementary investigation;

k) Identify and recommend on the constitutionality and legality of normative legal documents in the trial and resolution of cases or matters;

l) Explain the application of laws in the trial and resolution of cases or matters;

m) Issue judgments and decisions;

n) Resolve requests, proposals, recommendations, and complaints about decisions and procedural acts;

o) Perform other duties and powers as prescribed by law.

Article 24. Duties and Authorities of the Court of Appeal

1. The Court of Appeal has the authority to review, evaluate, and determine on appeals and protests; the circumstances of the case; the basis for applying laws and the trial and resolution by the Court of First Instance. The Court of Appeal has the authority to accept or reject appeals and protests; maintain, revoke, or amend the first-instance judgment or decision; protect judgments and decisions that have been legally adjudicated and resolved; correct errors and exercise other authorities as prescribed by law.

2. When hearing and resolving cases, the Court of Appeal shall have the following duties and authorities:

a) Review and accept cases according to appellate procedures;

b) Request the Public Prosecutor's Office to supplement new evidence in criminal cases;

c) Re-examine the judgment or decision or part thereof of the Court of First Instance subject to appeal or protest or other content as prescribed by law;

d) Decide to bring the case to appellate trial, temporarily suspend, terminate the trial, resolve the case, postpone, temporarily halt the appellate session, continue the trial and resolution of the case according to appellate procedures;

đ) Perform the duties and authorities stipulated at points b, c, e, g, h, k, l, and n Clause 2 Article 23 of this Law;

e) Perform other duties and authorities as prescribed by law.

Article 25. Duties and Authorities of the Court to Reconsider Judgments and Decisions Already Legally Effective According to Supervisory and Reconsideration Procedures

1. Supervisory review has the duty to reconsider judgments and decisions of the Court already legally effective as prescribed by law; check the correctness of the judgment and decision; protect judgments and decisions that have been legally adjudicated and resolved; correct errors in the judgment and decision; ensure uniform application of laws in trials. Reconsideration has the duty to reconsider judgments and decisions of the Court already legally effective due to new circumstances as prescribed by law.

2. The Court to reconsider judgments and decisions already legally effective shall have the following duties and authorities:

a) Accept, process, and resolve petitions, suggestions, protests, and notifications regarding judgments and decisions of the Court already legally effective;

b) Study and verify the case file;

c) Decide to protest supervisory review or reconsideration or notify the response to the petition;

d) Postpone, request postponement, or temporarily suspend the enforcement of judgments and decisions already legally effective as prescribed by law;

đ) Accept cases for supervisory review or reconsideration trial;

e) Amend, supplement, or withdraw supervisory review or reconsideration protests;

g) Organize supervisory review or reconsideration trial sessions;

h) Issue supervisory review or reconsideration decisions;

i) Perform the duties and authorities stipulated at point k and point l Clause 2 Article 23 of this Law;

k) Perform other duties and authorities as prescribed by law.

Section 2

DUTIES AND AUTHORITIES OF THE PEOPLE'S COURT

Article 26. Trial and Resolution of Cases

1. The Court shall try criminal cases, administrative cases, civil cases (including civil disputes, family, business, trade, labor cases) and other cases as prescribed by law.

2. The Court shall resolve civil matters (including civil requests, family, business, trade, labor matters), bankruptcy cases, and other cases as prescribed by law.

Article 27. Handling and Adjudicating Administrative Violations

1. Imposing administrative penalties on acts obstructing litigation activities within the jurisdiction of the People's Court as prescribed by law.

2. Applying administrative measures as prescribed by law.

3. Adjudicating administrative violations as prescribed by law.

Article 28. Deciding Issues Related to Human Rights, Rights and Obligations of Agencies, Organizations, and Individuals

The People's Court has the authority to examine and decide issues related to human rights, rights and obligations of agencies, organizations, and individuals as prescribed by law.

Article 29. Discovering and Recommending Constitutional and Legal Validity of Regulatory Legal Documents in Adjudication and Case Resolution

1. During the adjudication and case resolution process, if discovering regulatory legal documents related to adjudication and case resolution that have signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, regulatory legal documents of higher-level state agencies, then the People's Court shall recommend the competent authority to review and amend, supplement, abolish, or suspend the enforcement of such documents. The competent authority shall be responsible for reviewing and notifying the People's Court in writing of the results of handling.

2. For regulatory legal documents detailing and guiding the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, regulatory legal documents of higher-level state agencies, if after the deadline prescribed by law the People's Court does not receive notification from the competent authority as stipulated in Clause 1 of this Article, the People's Court shall apply higher-ranking legal documents to adjudicate and resolve cases.

Article 30. Summarizing Practical Adjudication Experiences, Ensuring Uniform Application of Law in Adjudication

1. The Supreme People's Court summarizes practical adjudication experiences through the following activities:

a) Interim and final summaries of practical law enforcement in adjudication and case resolution activities;

b) Compilation of difficulties in adjudication and case resolution activities;

c) Analysis and evaluation of adjudication and case resolution results and data;

d) Conclusions on matters requiring lessons learned in practical adjudication and case resolution activities; forecasting trends in criminal offenses, law violations, disputes, complaints, and demands within the jurisdiction of the People's Court.

2. The Supreme People's Court ensures uniform application of law in adjudication through the following activities:

a) Issuing resolutions of the Supreme People's Court Judicial Council, circulars of the President of the Supreme People's Court, joint circulars between the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, and the Ministers or Heads of Ministries equivalent to ministries as prescribed by law;

b) Developing precedents;

c) Resolving difficulties in practical adjudication and case resolution activities.

Article 31. Interpretation of Law Application in Adjudication and Case Resolution

Interpretation of law application in adjudication and case resolution is the act of the People's Court clarifying during the adjudication and case resolution process and in judgments and decisions the application of legal provisions in specific circumstances and situations for adjudication and case resolution according to its jurisdiction.

Article 32. Selection, publication, and application of precedents

1. Precedents are selected by the Supreme People's Court Council of Judges and published by the President of the Supreme People's Court for study, reference, and application in adjudication and resolution of cases and matters.

2. The Supreme People's Court Council of Judges guides the selection, publication, and application of precedents.

Article 33. Tasks and powers of the court in enforcing judgments

1. Issuing decisions to enforce criminal judgments; suspending, temporarily halting the execution of prison sentences, granting conditional early release from imprisonment; exempting from enforcement, reducing the term of enforcement; expunging criminal records, exempting or reducing obligations under judgments involving state budget revenues.

2. Issuing decisions to compel enforcement of administrative case judgments and decisions of the court that have become legally binding according to the provisions of the law.

3. Issuing decisions to suspend, exempt, reduce, or temporarily halt the execution of administrative measures imposed by the court.

4. Performing other tasks and powers as prescribed by law.

Article 34. Handling complaints and denunciations

The court has jurisdiction to handle complaints and denunciations against:

1. Decisions and procedural acts of the court, persons authorized to conduct proceedings at the court during the trial and resolution of cases and matters within their jurisdiction as prescribed by law on procedure;

2. Decisions and acts of the court, persons authorized at the court in performing other tasks and duties not covered by paragraph 1 of this Article as prescribed by law on complaints and denunciations.

Article 35: Law-building

The Supreme People's Court performs the following tasks and powers in law-building:

1. Proposing the drafting of laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly;

2. Drafting and submitting laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly for approval by the National Assembly and the Standing Committee of the National Assembly;

3. Issuing regulatory legal documents within its authority as prescribed by the Law on Issuance of Regulatory Legal Documents;

4. Cooperating with relevant agencies and organizations in law-building work.

Article 36. Scientific research

The court has the duty to conduct scientific research related to the organization and operation of the court; applying the results of scientific research to contribute to improving the organizational structure, enhancing the quality of the staff, civil servants, and officials, and the effectiveness of the court's operations.

Article 37. Training and capacity building

1. The Supreme People's Court organizes training and capacity building to contribute to creating human resources for courts.

2. The court conducts specialized and vocational training to enhance the qualifications of judges, judicial examiners, court secretaries, other civil servants, and officials of the court; provides vocational training to lay judges, mediators, and other subjects as prescribed by law.

3. The court encourages and creates conditions for judges, judicial examiners, court secretaries, other civil servants, and officials of the court to self-study and participate in external training and capacity building programs.

4. Training and capacity building institutions of the court organize various types of training and capacity building as prescribed by law.

Article 38. International cooperation

The court fulfills the task of international cooperation in the field of law-building; training and capacity building of human resources; scientific research; strengthening the capacity of the court; exchanging experiences in adjudication and resolution of cases and matters; proposing the signing, accession, and implementation of international treaties; signing and implementing international agreements; participating in international judicial institutions as prescribed by law.

Chapter III

NATIONAL JUDICIAL SELECTION AND SUPERVISION COUNCIL

Article 39. Functions, Tasks, and Authorities of the National Judicial Selection and Oversight Council

1. Consider and select individuals meeting the criteria and conditions to become judges as stipulated in this Law to propose to the President of the Supreme People's Court for appointment:

a) Submit to the National Assembly for approval the proposal to appoint judges to the Supreme People's Court;

b) Submit to the State President for decision on the appointment of judges to the People's Courts and the supplementation of judges to the People's Courts.

2. Examine matters related to the removal from office and dismissal of judges according to the provisions of this Law to propose to the President of the Supreme People's Court:

a) Submit to the National Assembly for approval the proposal to remove from office and dismiss judges of the Supreme People's Court;

b) Submit to the State President for decision on the appointment of judges to the People's Courts and the supplementation of judges to the People's Courts.

3. Issue the Code of Ethics and Conduct for Judges.

4. Supervise the performance of duties, authorities, professional ethics, conduct rules, and lifestyle of judges.

5. Examine recommendations related to the appointment, removal from office, dismissal, commendation, and disciplinary action against judges as provided for in Clause 1, Article 110 of this Law.

6. Protect judges according to the provisions of this Law and other relevant laws; propose to the President of the Supreme People's Court to submit to the Standing Committee of the National Assembly regulations on the protection system for judges.

7. Recommend competent authorities to implement policies for judges when they suffer harm to their health or life due to official duties.

8. Recommend competent authorities regarding the system and policies for judges and other judicial positions in the courts.

9. Supervise the allocation of staffing, funding, and resources for people's courts.

10. Perform other tasks and powers as prescribed by law.

Article 40. Composition of the National Judicial Selection and Oversight Council

1. The composition of the National Judicial Selection and Oversight Council includes the Chairman, Vice-Chairman, and members of the Council, specifically defined as follows:

a) The President of the Supreme People's Court is the Chairman of the Council;

b) One Vice Chairman of the Council is the Deputy President of the Supreme People's Court who is a Judge of the Supreme People's Court appointed by the President of the Supreme People's Court on a rotational basis every year;

c) The President of the Central Military Court;

d) The President of the High People's Court;

đ) One representative from the leadership of the Vietnam Fatherland Front Central Committee, the Vietnam Bar Association, and the Office;

2. The list of members of the National Judicial Selection and Oversight Council specified in points c, d, and đ of Clause 1 of this Article shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

3. The support staff for the National Judicial Selection and Oversight Council are functional units of the Supreme People's Court, decided by the Chairman of the Council.

Article 41. Principles of Operation of the National Judicial Selection and Oversight Council

1. The National Judicial Selection and Oversight Council operates under the principle of collective responsibility and majority decision-making. Members of the Council work on a concurrent basis.

2. The National Judicial Selection and Oversight Council convenes regularly and at short notice to perform its functions, tasks, and authorities as stipulated in Article 39 of this Law. The National Judicial Selection and Oversight Council proposes to the President of the Supreme People's Court to submit to the Standing Committee of the National Assembly for issuance of the Operational Regulations of the Council.

3. When performing tasks and exercising authorities, the National Judicial Selection and Oversight Council uses the seal of the Supreme People's Court.

Article 42. Tasks and Authorities of the Chairman of the National Judicial Selection and Oversight Council

1. Direct and organize the implementation of the Council's work.

2. On behalf of the Council, issue programs, plans, and other documents that have been approved by the Council.

3. Direct the resolution of work between sessions of the Council.

4. Decide on the content, composition of invitees, time of holding meetings of the Council; convene members of the Council and chair the meetings of the Council.

5. On behalf of the Council, propose to competent authorities to examine and decide on matters related to the functions, tasks, and authorities of the Council as stipulated in this Law and other relevant laws.

6. Report to competent authorities on the activities of the Council.

Article 43. Duties and Authorities of the Vice Chairman of the National Judge Selection and Supervision Council

1. Assist the Chairman in managing the Council's operations.

2. Monitor and urge the implementation of activities according to the Council's work plan and program.

3. Assist the Chairman in implementing the tasks and authorities stipulated in Clauses 4, 5, 7, 8, and 9 of Article 39 of this Law.

4. Perform the duties and authorities of a Council Member as prescribed in Clause 2 of Article 44 of this Law.

5. Carry out other tasks and authorities assigned by the Council and the Chairman of the Council.

Article 44. Duties and Authorities of a Council Member of the National Judge Selection and Supervision Council

1. A Council Member represents the agency or organization where they work during their participation in performing the functions, duties, and other activities of the Council.

2. The duties and authorities of a Council Member include the following:

a) Fully participate in all Council activities;

b) Fulfill the tasks and authorities assigned by the Council and the Chairman of the Council; be responsible before the Council, the Chairman of the Council, and the law for the performance of their duties and authorities;

c) Discuss and vote on issues within the functions, duties, and authorities of the Council as stipulated in Article 39 of this Law;

d) Implement the Rules of Operation of the National Judge Selection and Supervision Council and the provisions of the law.

Article 45. Operating Expenses of the National Judge Selection and Supervision Council

The operating expenses of the National Judge Selection and Supervision Council are guaranteed by the state budget and allocated within the operating expenses of the Supreme People's Court.

Chapter IV

ORGANIZATIONAL STRUCTURE

Section 1

SUPREME PEOPLE'S COURT

Article 46. Tasks and powers of the Supreme People's Court

The Supreme People's Court is the highest judicial organ of the Socialist Republic of Vietnam, performing the following tasks and powers:

1. Reconsidering and re-examining judgments and decisions of courts that have become legally effective and are subject to protest according to the provisions of the law;

2. Oversee the adjudication activities of other courts, except as provided by law;

3. Summarize the practical adjudication activities of courts, ensuring uniform application of laws in adjudication;

4. Develop case precedents;

5. Train human resources; provide professional and vocational training for judges, court examiners, court secretaries, other civil servants, and staff members of the court; provide vocational training for lay judges, mediators, and other subjects as prescribed by law;

6. Manage people's courts and military courts in terms of organizational structure as prescribed by this Law and related laws, ensuring the independence of courts according to their adjudicative authority;

7. Propose the drafting of laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly; submit draft laws and resolution proposals to the National Assembly; submit draft ordinances and resolution proposals to the Standing Committee of the National Assembly;

8. Conduct professional inspections and audits of courts, judges, lay judges, court examiners, court secretaries to ensure compliance with the law, control judicial power, prevent corruption and misconduct in court activities;

9. International cooperation;

10. Perform other tasks and powers as prescribed by law.

Article 47. Organizational Structure of the Supreme People's Court

1. The organizational structure of the Supreme People's Court includes:

a) The Supreme People's Court Judges Council;

b) Office;

c) Departments and equivalent units;

d) Training and capacity-building facilities;

đ) Press agencies.

2. The Supreme People's Court has a Chief Justice, Deputy Chief Justices, Supreme People's Court Judges, People's Court Judges, court examiners, court secretaries, other civil servants, staff members, and workers.

3. The Standing Committee of the National Assembly approves the establishment, restructuring, or dissolution of agencies and units specified in Point c and Point d of Clause 1 of this Article based on the proposal of the Chief Justice of the Supreme People's Court. The establishment of training and development institutions specified in Point d of Clause 1 of this Article shall be carried out in accordance with the law.

Article 48. The Supreme People's Court Council of Judges

1. The number of members of the Supreme People's Court Council of Judges shall not be less than thirteen and not more than seventeen people, including the Chief Justice, Deputy Chief Justices of the Supreme People's Court who are Supreme People's Court judges, and other Supreme People's Court judges.

2. Ensure a suitable ratio of female members in accordance with gender equality objectives within the Supreme People's Court Council of Judges.

3. The Supreme People's Court Council of Judges has the following tasks and powers:

a) Reviewing and retrying judgments and decisions of courts that have become legally effective and are subject to protest according to the law;

b) Summarizing practical trial experiences of courts, ensuring uniform application of laws in trials; issuing resolutions guiding courts on uniform application of laws in trials;

c) Identifying and recommending on the constitutionality and legality of normative legal documents in trials and case resolution according to the law;

d) Selecting supervisory judgments of the Supreme People's Court Council of Judges, judgments and decisions that have become legally effective and have exemplary value from courts, summarizing them for development into precedents;

đ) Discussing and providing comments on the report of the Chief Justice of the Supreme People's Court regarding the work of the People's Court to be submitted to the National Assembly and the Standing Committee of the National Assembly;

e) Participating in opinions on draft laws, ordinances, draft resolutions of the National Assembly and the Standing Committee of the National Assembly drafted by the Supreme People's Court;

g) Discussing and providing comments on draft circulars of the Chief Justice of the Supreme People's Court, draft joint circulars between the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, and Ministers or Heads of Ministries equivalent to ministries as provided by law.

4. A full session of the Supreme People's Court Council of Judges must have at least two-thirds of the total number of members participating; decisions of the Supreme People's Court Council of Judges must be approved by more than half of the total number of members of the Council. The Prosecutor General of the Supreme People's Procuracy and the Minister of Justice are responsible for attending sessions of the Supreme People's Court Council of Judges when discussing and approving resolutions of the Supreme People's Court Council of Judges.

5. The supervisory and retrial decisions of the Supreme People's Court Council of Judges are the highest decisions, having legal effect and cannot be protested.

Article 49. Organization of trials by the Supreme People's Court Council of Judges

1. The Supreme People's Court Council of Judges conducts supervisory and retrial trials through a panel of five Supreme People's Court judges or all Supreme People's Court judges.

2. Supervisory and retrial trials conducted through a panel of five Supreme People's Court judges or all Supreme People's Court judges are carried out in accordance with the provisions of the law.

Section 2

SUPREME PEOPLE'S COURT OF APPEAL

Article 50. Tasks and Powers of the Supreme People's Court of Appeal

1. Reviewing appeals and protests against first-instance judgments and decisions of provincial-level People's Courts, first-instance specialized administrative and intellectual property People's Courts within territorial jurisdiction that have not yet become legally effective according to the law.

2. Resolving requests, recommendations, and protests against bankruptcy decisions of specialized bankruptcy People's Courts within territorial jurisdiction according to the law.

3. Supervising and retrying cases and matters where judgments and decisions of provincial-level People's Courts, district-level People's Courts, town-level People's Courts, city-level People's Courts under provincial-level cities, and first-instance specialized People's Courts within territorial jurisdiction have become legally effective and are subject to protest according to the law.

4. Recommending the Chief Justice of the Supreme People's Court to review and protest judgments and decisions of the Supreme People's Court of Appeal that have become legally effective upon discovering violations of the law or new circumstances according to the law.

5. Implementing the summary of practical trial experiences; proposing precedents.

6. Implementing the tasks and powers stipulated in points b, c, d, and đ of Clause 2 of Article 3 of this Law.

7. Performing other tasks and powers as prescribed by law.

Article 51. Organizational Structure of the Provincial People's Court

1. The organizational structure of the Provincial People's Court includes:

a) The Supreme Council of Judges of the Provincial People's Court;

b) Specialized Courts including Criminal Court, Civil Court, Administrative Court, Economic Court, Labor Court, Family and Juvenile Court; In case of necessity, the Standing Committee of the National Assembly decides to establish other specialized courts upon the proposal of the President of the Supreme People's Court of the Socialist Republic of Vietnam;

c) Office spaces;

d) Department.

2. The Provincial People's Court has the President, Vice-Presidents, Presidents of Courts, Vice-Presidents of Courts, Judges of the People's Court, Court Appraisers, Court Secretaries, other civil servants, and workers.

Article 52. The Supreme Council of Judges of the Provincial People's Court

1. The Supreme Council of Judges of the Provincial People's Court consists of the President, Vice-Presidents, and some Judges of the People's Court decided by the President of the Supreme People's Court of the Socialist Republic of Vietnam based on the proposal of the President of the Provincial People's Court. The number of members of the Supreme Council of Judges of the Provincial People's Court shall not be less than eleven and not more than thirteen persons.

2. The Supreme Council of Judges of the Provincial People's Court has the following tasks and powers:

a) To review and retry cases where judgments and decisions of the People's Court of the province, centrally-administered city, district, town, town under province, city under centrally-administered city, and specialized first-instance court within territorial jurisdiction have taken legal effect and are subject to protest according to the law;

b) To perform the tasks and powers stipulated in points b, c, d, and đ of Clause 2, Article 3 of this Law;

c) To conduct summaries of practical trial experiences; to propose precedents;

d) To discuss the recommendations of the President of the Provincial People's Court requesting the President of the Supreme People's Court of the Socialist Republic of Vietnam to reconsider judgments and decisions of the Provincial People's Court that have taken legal effect through the cassation and retrial procedures according to the request of the President of the Provincial People's Court;

đ) To discuss the program and plan of work of the Provincial People's Court;

e) To discuss and provide opinions on the report of the President of the Provincial People's Court about the work of the Provincial People's Court to report to the President of the Supreme People's Court of the Socialist Republic of Vietnam.

3. The meeting of the Supreme Council of Judges of the Provincial People's Court must have at least two-thirds of the total number of members participating; the decision of the Supreme Council of Judges of the Provincial People's Court must be approved by more than half of the total number of members of the Supreme Council of Judges.

Article 53. Organization of Trial by the Supreme Council of Judges of the Provincial People's Court

1. The Supreme Council of Judges of the Provincial People's Court conducts cassation and retrial trials by a panel of three judges of the People's Court or all members of the Supreme Council of Judges of the Provincial People's Court.

2. The cassation and retrial trials conducted by a panel of three judges of the People's Court or all members of the Supreme Council of Judges of the Provincial People's Court are carried out in accordance with the provisions of the law.

Article 54. Tasks and Powers of the Specialized Court of the Provincial People's Court

1. Reviewing appeals and protests against first-instance judgments and decisions of provincial-level People's Courts, first-instance specialized administrative and intellectual property People's Courts within territorial jurisdiction that have not yet become legally effective according to the law.

2. Resolving requests, recommendations, and protests against bankruptcy decisions of specialized bankruptcy People's Courts within territorial jurisdiction according to the law.

3. To perform the tasks and powers stipulated in points b, c, d, and đ of Clause 2, Article 3 of this Law.

Section 3

PROVINCIAL PEOPLE'S COURT, CENTRALLY-ADMINISTERED CITY

Article 55. Duties and powers of the People's Court of the province and centrally governed city

1. First instance trials of cases and matters as prescribed by law.

2. To hear appeals against judgments and decisions of the first instance of the People's Court of the district, town, city under province, city under centrally governed city that have not yet taken legal effect according to the provisions of the law.

3. To review judgments and decisions of the People's Court of the district, town, city under province, city under centrally governed city that have taken legal effect.

4. To propose to the President of the People's Court of the central level and the President of the Supreme People's Court to examine and appeal judgments and decisions of the People's Court of the district, town, city under province, city under centrally governed city that have taken legal effect when discovering violations of the law or new circumstances according to the provisions of the law.

5. Implementing the summary of practical trial experiences; proposing precedents.

6. To perform the duties and powers stipulated at points b, c, d, đ and g Clause 2 Article 3 of this Law.

7. Performing other tasks and powers as prescribed by law.

Article 56. Organizational structure of the People's Court of the province and centrally governed city

1. The organizational structure of the People's Court of the province and centrally governed city includes:

a) The Board of Judges of the People's Court of the province and centrally governed city;

b) Specialized courts including Criminal Court, Civil Court, Administrative Court, Economic Court, Labor Court, Family and Juvenile Court. In case of necessity, the Standing Committee of the National Assembly decides to establish other specialized courts upon the proposal of the President of the Supreme People's Court. Based on the provisions herein and the requirements of trial practice at each People's Court of the province and centrally governed city, the President of the Supreme People's Court decides the organization of specialized courts;

c) Office spaces;

d) Departments and equivalent units.

2. The People's Court of the province and centrally governed city has the President, Vice Presidents, Chief Judges, Deputy Chief Judges, Judges of the People's Court, Court Appraisers, Court Secretaries, other civil servants and workers.

Article 57. The Board of Judges of the People's Court of the province and centrally governed city

1. The Board of Judges of the People's Court of the province and centrally governed city consists of the President, Vice Presidents and some Judges of the People's Court decided by the President of the Supreme People's Court. The number of members of the Board of Judges is decided by the President of the Supreme People's Court based on the proposal of the President of the People's Court of the province and centrally governed city. Meetings of the Board of Judges of the People's Court of the province and centrally governed city are chaired by the President.

2. The Board of Judges of the People's Court of the province and centrally governed city has the following duties and powers:

a) To discuss the work program and plan of the People's Court of the province and centrally governed city;

b) To discuss and provide opinions on the work report of the President of the People's Court of the province and centrally governed city for reporting to the President of the Supreme People's Court and the People's Council at the same level;

c) To conduct summaries of practical trial experiences; to propose precedents;

d) To discuss the proposals of the President of the People's Court of the province and centrally governed city requesting the President of the People's Court of the central level and the President of the Supreme People's Court to re-examine judgments and decisions of the court that have taken legal effect through cassation and retrial procedures according to the proposal of the President of the People's Court of the province and centrally governed city.

Article 58. Duties and powers of the specialized court of the People's Court at the provincial level under the central government and the centrally governed city

1. First instance trials of cases and matters as prescribed by law.

2. To hear appeals against judgments and decisions of the first instance of the People's Court of the district, town, city under province, city under centrally governed city that have not yet taken legal effect according to the provisions of the law.

3. To perform the tasks and powers stipulated in points b, c, d, and đ of Clause 2, Article 3 of this Law.

Section 4

PEOPLE'S COURT AT THE DISTRICT LEVEL, CITY QUARTER LEVEL, URBAN DISTRICT LEVEL, AND CITY LEVEL UNDER A PROVINCE OR A CENTRALLY-GOVERNED CITY

Article 59. Duties and powers of the People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city

1. First instance trials of cases and matters as prescribed by law.

2. Implementing the tasks and powers stipulated in points b, c, d, đ, and g Clause 2 Article 3 of this Law.

3. To conduct summaries of judicial practices; to propose precedents.

4. Performing other tasks and powers as prescribed by law.

Article 60. Organizational structure of the People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city

1. The People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city may have Criminal Division, Civil Division, Family and Juvenile Division, Administrative Dispute Resolution Division. In cases where necessary, the Standing Committee of the National Assembly decides to establish other specialized divisions upon the proposal of the President of the Supreme People's Court. Based on the provisions of this clause and the requirements of judicial practice at each People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city, the President of the Supreme People's Court decides on the organization of specialized divisions.

2. The People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city has a support staff. The President of the Supreme People's Court decides on the establishment and defines the duties and powers of the support staff of the People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city.

3. The People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city has a Chief Judge, Deputy Chief Judge, Division Head, Deputy Division Head, Judge of the People's Court, Enforcement Officer, Clerk of the Court, other civil servants, and workers.

Article 61. Duties and powers of the specialized court of the People's Court at the district level, city quarter level, urban district level, and city level under a province or a centrally-governed city

1. First instance trials of cases and matters as prescribed by law.

2. Implement the duties and powers stipulated in points b, c, d, and đ of Clause 2, Article 3 of this Law.

Section 5

SPECIALIZED FIRST INSTANCE PEOPLE'S COURT

Article 62. Duties and powers of the specialized first instance People's Court

1. The specialized first instance Administrative People's Court has the following duties and powers:

a) First-instance adjudication of administrative disputes concerning decisions and actions of state administrative agencies and persons with authority in state administrative agencies at the provincial level or higher, except for the cases specified in point a of Clause 2 of this Article; disputes concerning disciplinary decisions terminating employment of heads of agencies and organizations at the provincial level or higher according to the Administrative Procedure Code;

b) Issuing decisions to enforce judgments and decisions of the court regarding administrative disputes that have become legally binding according to the law;

c) Imposing administrative penalties for acts obstructing litigation proceedings according to the law;

d) Conducting summaries of practical trial experiences; proposing precedents;

đ) Performing the duties and powers stipulated in points d and đ of Clause 2, Article 3 of this Law and other duties and powers prescribed by law.

2. The specialized first instance Intellectual Property People's Court has the following duties and powers:

a) First-instance adjudication of intellectual property matters according to the Civil Procedure Code; first-instance adjudication of administrative disputes concerning intellectual property according to the Administrative Procedure Code;

b) Issuing decisions to enforce judgments and decisions of the court regarding administrative disputes concerning intellectual property that have become legally binding according to the law;

c) Imposing administrative penalties for acts obstructing litigation proceedings according to the law;

d) Conducting summaries of practical trial experiences; proposing precedents;

đ) Performing the duties and powers stipulated in points d and đ of Clause 2, Article 3 of this Law and other duties and powers prescribed by law.

3. The specialized Bankruptcy People's Court has the following duties and powers:

a) Resolving bankruptcy cases within the jurisdiction of the People's Court according to the law;

b) Imposing administrative penalties for acts obstructing litigation proceedings according to the law;

c) Conducting summaries of practical experiences in resolving bankruptcy cases; proposing precedents;

d) Performing the duties and powers stipulated in points d and đ of Clause 2, Article 3 of this Law and other duties and powers prescribed by law.

Article 63. Organizational Structure of Specialized People's Courts at First Instance

1. The specialized People's Court at first instance shall have a Chief Justice, Deputy Chief Justice, Judge of the People's Court, Court Examiner, Court Clerk, other civil servants, and workers. Judges working at the specialized People's Court at first instance shall possess specialized knowledge and experience in the field under the jurisdiction of the specialized People's Court at first instance.

2. The specialized People's Court at first instance shall have an administrative support staff. The Chief Justice of the Supreme People's Court shall decide on the establishment and define the tasks and powers of the administrative support staff of the specialized People's Court at first instance.

Chapter 6

MILITARY COURTS

Article 64. Tasks and Powers of Military Courts

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

Article 65. Tasks, Powers, and Organizational Structure of the Central Military Court

1. The Central Military Court shall have the following tasks and powers:

a) Reviewing appeals against judgments and decisions of military courts at military regions and equivalent levels that have not yet taken legal effect according to the provisions of the law;

b) Reconsidering and re-examining cases where judgments and decisions of military courts at military regions and equivalent levels, and regional military courts that have taken legal effect are appealed according to the provisions of the law;

c) Imposing administrative penalties for acts obstructing judicial proceedings as prescribed by law; performing the tasks and powers stipulated in points d and đ of Clause 2, Article 3 of this Law;

d) Conducting summaries of practical trial experiences; proposing precedents;

đ) Performing other tasks and powers as prescribed by law.

2. The organizational structure of the Central Military Court includes:

a) The Board of Judges of the Central Military Court;

b) The Appellate Divisions of the Central Military Court;

c) Administrative support staff.

3. The Central Military Court shall have a Chief Justice, Deputy Chief Justices, Division Chiefs, Deputy Division Chiefs, Judges of the People's Court, Court Examiners, Court Clerks, other military personnel, and other civil servants.

4. The Chief Justice of the Supreme People's Court shall decide on the establishment and define the tasks and powers of the administrative support staff of the Central Military Court after reaching consensus with the Minister of National Defense.

Article 66. The Board of Judges of the Central Military Court

1. The Board of Judges of the Central Military Court shall consist of the Chief Justice, Deputy Chief Justices, and some Judges of the People's Court decided by the Chief Justice of the Supreme People's Court based on the proposal of the Chief Justice of the Central Military Court. The number of members of the Board of Judges of the Central Military Court shall not exceed seven people.

2. The Board of Judges of the Central Military Court shall have the following tasks and powers:

a) Reconsidering and re-examining cases where judgments and decisions of military courts at military regions and equivalent levels, and regional military courts that have taken legal effect are appealed according to the provisions of the law;

b) Implementing the summary of practical trials; proposing precedents;

c) Discussing the recommendations of the Chief Justice of the Central Military Court requesting the Chief Justice of the Supreme People's Court to reconsider judgments and decisions of the Central Military Court that have taken legal effect through the reconsideration and re-examination procedures according to the proposal of the Chief Justice of the Central Military Court;

d) Discussing and providing opinions on the reports of the Chief Justice of the Central Military Court regarding the work of military courts to report to the Chief Justice of the Supreme People's Court and the Minister of National Defense;

đ) Discussing the program and plan of work of the Central Military Court;

e) Performing the tasks and powers stipulated in points d and đ of Clause 2, Article 3 of this Law.

3. A meeting of the Board of Judges of the Central Military Court must have at least two-thirds of the total number of members participating; decisions of the Board of Judges of the Central Military Court must be approved by more than half of the total number of members of the Board of Judges.

Article 67. The Organization of the Trial by the Military Central Court's Judicial Committee

1. The Military Central Court's Judicial Committee shall conduct cassation and revision trials through a panel consisting of three judges or all members of the Military Central Court's Judicial Committee.

2. The cassation and revision trials conducted by a panel consisting of three judges or all members of the Military Central Court's Judicial Committee shall be carried out in accordance with the provisions of the law.

Article 68. Duties and Powers of the Military Central Court of Appeal

1. To hear appeals against criminal judgments and decisions of military courts at the level of military regions and equivalent courts that have not yet taken legal effect according to the provisions of the law.

2. To impose administrative penalties on acts obstructing judicial proceedings as prescribed by law; to perform duties and powers stipulated in points d and đ of Clause 2, Article 3 of this Law.

3. To perform other duties and powers as prescribed by law.

Article 69. Duties and Powers of Military Courts at the Level of Military Regions and Equivalent Courts

1. To try first-instance criminal cases as prescribed by law.

2. To hear appeals against criminal judgments and decisions of military courts at the regional level that have not yet taken legal effect according to the provisions of the law.

3. To impose administrative penalties on acts obstructing judicial proceedings as prescribed by law; to perform duties and powers stipulated in points d, đ and g of Clause 2, Article 3 of this Law.

4. Conducting summaries of practical trial experiences; proposing precedents.

Article 70. Responsibilities of the Ministry of Justice

Article 70. Organizational Structure of Military Courts at the Level of Military Regions and Equivalent Courts

1. The organizational structure of military courts at the level of military regions and equivalent courts includes:

a) The Judicial Committee of the Military Regional Court and equivalent courts;

b) Administrative support staff.

2. Military courts at the level of military regions and equivalent courts shall have a Chief Judge, Deputy Chief Judge, People's Court Judges, Court Reviewers, Court Secretaries, other military personnel, and other civil servants.

3. The Chief Justice of the Supreme People's Court shall decide to establish and define the tasks and powers of the support staff of military courts at the level of military regions and equivalent courts after reaching consensus with the Minister of National Defense.

Article 71. The Judicial Committee of Military Courts at the Level of Military Regions and Equivalent Courts

1. The Judicial Committee of Military Courts at the level of military regions and equivalent courts consists of the Chief Judge, Deputy Chief Judge, and some People's Court Judges decided by the Chief Justice of the Supreme People's Court based on the proposal of the Chief Judge of the Military Regional Court and equivalent courts. The number of members of the Judicial Committee of Military Courts at the level of military regions and equivalent courts does not exceed five people. Meetings of the Judicial Committee of Military Courts at the level of military regions and equivalent courts are chaired by the Chief Judge.

2. The Judicial Committee of Military Courts at the level of military regions and equivalent courts has the following duties and powers:

a) Discussing the work program and plan of military courts at the level of military regions and equivalent courts;

b) Discussing the work report of the Chief Judge of the Military Regional Court and equivalent courts;

c) To conduct summaries of practical trial experiences; to propose precedents;

d) Discussing the recommendations of the Chief Judge of the Military Regional Court and equivalent courts requesting the Chief Judge of the Military Central Court to reconsider judgments and decisions of courts that have taken legal effect through cassation and revision procedures upon request of the Chief Judge;

đ) Performing duties and powers stipulated in points d and đ of Clause 2, Article 3 of this Law.

Article 72. Tasks, Authorities, and Organizational Structure of Military Regional Courts

1. The Military Regional Court has the following tasks and authorities:

a) Conducting first-instance criminal cases as prescribed by law;

b) Imposing administrative penalties for acts obstructing judicial proceedings as prescribed by law; performing the tasks and authorities stipulated at points d, đ, and g, Clause 2, Article 3 of this Law;

c) Performing other tasks and authorities as prescribed by law.

2. The Military Regional Court consists of the Chief Judge, Deputy Chief Judge, People's Court Judges, Court Appraisers, Court Secretaries, other military personnel, and other civil servants.

3. The Chief Justice of the Supreme People's Court decides to establish and define the tasks and authorities of the support staff of the Military Regional Court after reaching consensus with the Minister of National Defense.

Chapter V

STAFF, CIVIL SERVANTS, OFFICERS, AND WORKERS IN THE PEOPLE'S COURT

Section 1 GENERAL PROVISIONS

Article 73. Staff, Civil Servants, Officers, and Workers in the Court

1. Judicial positions in the Court include:

a) Chief Judge, Deputy Chief Judge of the People's Courts at all levels and Military Courts at all levels;

b) Supreme People's Court Judge;

c) People's Court Judge;

d) Court Appraiser;

đ) Court Secretary.

2. Other civil servants, other military personnel, officers, and workers.

Article 74. Responsibilities of Staff, Civil Servants, Officers, and Workers in the Court

1. Adhering to the Constitution, laws, and regulations of the Court.

2. Fulfilling their duties and authorities and being responsible before the law for the performance of their duties and authorities as prescribed by law.

3. Maintaining state secrets and work-related secrets.

4. Studying, researching, and enhancing their professional expertise.

5. Respecting and accepting supervision by the people.

6. Compensating and reimbursing the state budget according to the provisions of law for damages caused while performing their duties and authorities.

7. Fulfilling other responsibilities as prescribed by law.

Article 75. Management of Civil Servants, Officers, and Workers in the Court

1. The Chief Justice of the Supreme People's Court manages civil servants, officers, and workers of the People's Courts at all levels according to the provisions of law.

2. The Chief Justice of the Supreme People's Court collaborates with the Minister of National Defense to manage military personnel and civil servants of Military Courts at all levels according to the provisions of law.

3. The Chief Justices at various levels, within the scope of their duties and authorities, are responsible for managing civil servants, military personnel, and workers of the Court according to this Law and the delegation of the Chief Justice of the Supreme People's Court.

Section 2

CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF THE PEOPLE'S COURT

Article 76. Chief Justice of the Supreme People's Court

1. The Chief Justice of the Supreme People's Court is elected, relieved, or removed from office by the National Assembly upon the proposal of

2. When the National Assembly's term ends, the Chief Justice of the Supreme People's Court continues to perform his duties until the new National Assembly elects a new Chief Justice of the Supreme People's Court.

Article 77. Tasks and Authorities of the Chief Justice of the Supreme People's Court

1. Organizing the trial work of the Supreme People's Court; bearing responsibility for organizing the implementation of the principle that judges and jurors exercise their powers independently and only follow the law.

2. Chairing sessions of the Supreme People's Court's Judicial Council.

3. Filing appeals according to the cassation and retrial procedures for judgments and decisions of courts that have become legally binding according to the law.

4. Submitting proposals to the President of the State regarding cases where convicted persons request commutation of sentences.

5. Directing the summary of practical trial experiences, drafting resolutions of the Supreme People's Court's Judicial Council to ensure uniform application of the law in trials, developing precedents; announcing precedents.

6. Directing the drafting of draft laws, ordinances, and draft resolutions submitted to the National Assembly and the Standing Committee of the National Assembly by the Supreme People's Court; issuing or jointly issuing normative legal documents within its authority.

7. Submitting to the National Assembly for approval the proposal to appoint, relieve, or remove judges of the Supreme People's Court; submitting

8. Appointing, relieving, or removing individuals holding positions specified in Clause 1, Article 79, Clause 1, Article 80, Clause 1, Article 81, Clause 1, Article 82, Clause 1, Article 83, Clause 1, Article 85, Clause 1, Article 86, Clause 1, Article 87 of this Law and other positions within the Supreme People's Court, except those positions within the authority to appoint, relieve, or remove of

9. Specifying the conditions for each rank and the promotion of Court Appraisers and Court Secretaries; specifying the structure ratio of ranks of Court Appraisers and Court Secretaries at courts; appointing civil servants to the ranks of Court Appraisers and Court Secretaries.

10. Deciding on the rotation, transfer, and special assignment of People's Court Judges.

11. Submitting to the Standing Committee of the National Assembly for decision on establishing, dissolving High People's Courts, Provincial People's Courts, People's Courts of cities directly under the central government, District People's Courts, County People's Courts, Town People's Courts, People's Courts of cities directly under provincial capitals, specialized People's Courts; specifying territorial jurisdiction of High People's Courts and specialized People's Courts; establishing other specialized courts of People's Courts when deemed necessary. Submitting to the Standing Committee of the National Assembly for decision on establishing, dissolving, and specifying territorial jurisdiction of Military Zone Military Courts and equivalent courts, Military Regional Courts after reaching consensus with the Minister of National Defense.

12. Deciding on the organization of specialized courts as prescribed in Clause 1, Article 56 and Clause 1, Article 60 of this Law.

13. Submitting to the Standing Committee of the National Assembly for approval the proposal to establish, reorganize, or dissolve agencies and units specified in point c and point đ, Clause 1, Article 47 of this Law. Specifying the organizational structure, tasks, and authorities of agencies and units specified in points b, c, d, and đ, Clause 1, Article 47 of this Law.

14. Deciding on the establishment, reorganization, dissolution, and specifying tasks and authorities of the Office, Departments under High People's Courts; Offices, Departments under Provincial People's Courts, cities directly under the central government; support staff of District People's Courts, County People's Courts, Town People's Courts, cities directly under provincial capitals, specialized People's Courts.

15. To decide on the establishment, restructuring, dissolution, and define the tasks and powers of the support staff for the Central Military Court, Military Region Courts, and equivalent courts, and regional military courts, after consultation with the Minister of National Defense.

16. To decide on the allocation of staffing, the number of judges of people's courts, and the budget for the operation of people's courts; to define the staffing of military courts after consultation with the Minister of National Defense.

17. To organize inspections of staffing implementation, personnel management, budget management and utilization, and material infrastructure of courts.

18. To organize training and capacity building for judges, associate judges, judicial examiners, court secretaries, mediators, and other subjects as prescribed by law.

19. To be responsible and report work to the National Assembly; during periods when the National Assembly is not in session, to be responsible and report work to the Standing Committee of the National Assembly and

20. To organize international cooperation activities of the court.

21. To perform other duties and powers as prescribed by this Law and other relevant laws.

Article 78. Deputy President of the Supreme People's Court

1. The Deputy President of the Supreme People's Court shall be appointed by

2. The Deputy President of the Supreme People's Court shall be selected from among the judges of the Supreme People's Court or the judges of people's courts who meet the criteria and conditions stipulated in Clause 1 of Article 96 of this Law. In cases where the Deputy President of the Supreme People's Court is selected from among the judges of people's courts, the President of the Supreme People's Court shall propose to the National Assembly for approval.

3. The term of office of the Deputy President of the Supreme People's Court is five years from the date of appointment.

4. The Deputy President of the Supreme People's Court assists the President in performing tasks and powers according to the division of labor by the President. When the President is absent, a Deputy President designated by the President shall lead the court's operations. The Deputy President shall be responsible under the law and to the President for the performance of assigned tasks and powers.

5. To perform other duties and powers as prescribed by this Law and other relevant laws.

Article 79. President of the People's Court of Appeal

1. The President of the People's Court of Appeal shall be appointed, relieved, or removed from office by the President of the Supreme People's Court. The term of office of the President of the People's Court of Appeal is five years from the date of appointment.

2. The President of the People's Court of Appeal has the following duties and powers:

a) To organize the trial work of the People's Court of Appeal; to be responsible for organizing the implementation of the principle that judges and associate judges exercise their functions independently and solely follow the law;

b) To chair meetings of the Judicial Council of the People's Court of Appeal;

c) To lodge appeals against judgments and decisions of provincial people's courts, municipal people's courts directly under the central government, district people's courts, urban district people's courts, town people's courts, specialized first-instance people's courts within territorial jurisdiction that have become legally binding according to the provisions of the law through cassation and retrial procedures;

d) Implement tasks and powers in personnel work according to the classification of the President of the Supreme People's Court;

d) To be responsible and report the work of the People's Court of Appeal to the President of the Supreme People's Court;

e) Perform other duties and authorities as prescribed by law.

Article 80. President of the People's Court of Province/City under Central Government Direct Control

1. The President of the People's Court of Province/City under Central Government Direct Control shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court. The term of office for the President of the People's Court of Province/City under Central Government Direct Control is five years from the date of appointment.

2. The President of the People's Court of Province/City under Central Government Direct Control shall have the following duties and powers:

a) Organizing the trial work of the People's Court of Province/City under Central Government Direct Control; being responsible for organizing the implementation of the principle that judges and lay judges conduct trials independently and only follow the law;

b) Chairing meetings of the Judicial Council of the People's Court of Province/City under Central Government Direct Control;

c) Performing tasks and exercising powers related to organizational and personnel work according to the division of authority by the President of the Supreme People's Court;

d) Being responsible and reporting on the work of the People's Court of Province/City under Central Government Direct Control, the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government to the People's Council of Province/City under Central Government Direct Control and the President of the Supreme People's Court;

đ) Proposing the President of the Higher People's Court and the President of the Supreme People's Court to review and appeal judgments and decisions of courts that have taken legal effect according to the provisions of the procedural law through the cassation and revision procedures;

e) Perform other duties and authorities as prescribed by law.

Article 81. President of the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government

1. The President of the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court. The term of office for the President of the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government is five years from the date of appointment.

2. The President of the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government shall have the following duties and powers:

a) Organizing the trial work of the People's Court of Districts, Counties, Municipalities directly under provinces, and cities directly under central government; being responsible for organizing the implementation of the principle that judges and lay judges conduct trials independently and only follow the law;

b) Implementing tasks and powers in organizational and personnel work according to the division of authority of the President of the Supreme People's Court;

c) Being responsible and reporting on the work before the competent People's Council according to the provisions of the law and the President of the People's Court of Province/City under Central Government Direct Control;

d) Performing other tasks and exercising other powers as prescribed by law.

Article 82. President of the Specialized First Instance People's Court

1. The President of the Specialized First Instance People's Court shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court. The term of office for the President of the Specialized First Instance People's Court is five years from the date of appointment.

2. The President of the Specialized First Instance People's Court shall have the following duties and powers:

a) Organizing the trial work of the Specialized First Instance People's Court; being responsible for organizing the implementation of the principle that judges and lay judges conduct trials independently and only follow the law;

b) Implementing tasks and powers in organizational and personnel work according to the division of authority of the President of the Supreme People's Court;

c) Being responsible and reporting on the work of the Specialized First Instance People's Court to the President of the Supreme People's Court;

d) Performing other tasks and exercising other powers as prescribed by law.

Article 83. Deputy Presidents of the People's Supreme Court, People's Provincial Courts, People's Courts of centrally governed cities, People's District Courts, People's Courts of districts, towns, provincial cities, and specialized first-instance courts

Clause 1. The Deputy Presidents of the People's Supreme Court, People's Provincial Courts, People's Courts of centrally governed cities, People's District Courts, People's Courts of districts, towns, provincial cities, and specialized first-instance courts shall be appointed, relieved of duty, or dismissed by the President of the People's Supreme Court. The term of office for Deputy Presidents of these courts is five years from the date of appointment.

Clause 2. The Deputy Presidents of the People's Supreme Court, People's Provincial Courts, People's Courts of centrally governed cities, People's District Courts, People's Courts of districts, towns, provincial cities, and specialized first-instance courts assist the President in performing their duties and powers according to the division of labor by the President. In the absence of the President, a Deputy President designated by the President shall lead the court's operations. The Deputy President is responsible before the law and to the President for the performance of assigned duties and powers.

Clause 3. Perform tasks and exercise powers as prescribed by laws on procedure; other tasks and powers as prescribed by law.

Article 84. President of the Central Military Court

Clause 1. The President of the Central Military Court is a Deputy President of the People's Supreme Court appointed by

Clause 2. The President of the Central Military Court has the following duties and powers:

Point a) Organize the trial work of the Central Military Court; bear responsibility for organizing the implementation of the principle that judges and lay assessors conduct trials independently and only follow the law;

Point b) Chair meetings of the Judicial Council of the Central Military Court;

Point c) Protest against judgments and decisions of military regional courts and equivalent courts, and military area courts that have become legally binding according to the law through the cassation procedure;

Point d) Organize the inspection of the work of military regional courts and equivalent courts, and military area courts;

Point đ) Organize professional training for judges of the People's Courts, military lay assessors, judicial examiners, and court clerks of military courts;

Point e) Bear responsibility and report the work of military courts to the President of the People's Supreme Court and the Minister of National Defense;

Point g) Appoint, relieve of duty, or dismiss positions within military courts, except for judges of the People's Courts, Presidents, and Deputy Presidents;

Point h) Perform duties and exercise powers as prescribed by criminal procedure laws; resolve other matters as prescribed by law.

Article 85. President of the Military Regional Court and Equivalent Courts

Clause 1. The President of the Military Regional Court and Equivalent Courts shall be appointed, relieved of duty, or dismissed by the President of the People's Supreme Court after consultation with the Minister of National Defense. The term of office for the President of the Military Regional Court and Equivalent Courts is five years from the date of appointment.

Clause 2. The President of the Military Regional Court and Equivalent Courts has the following duties and powers:

Point a) Organize the trial work of the Military Regional Court and Equivalent Courts; bear responsibility for organizing the implementation of the principle that judges and lay assessors conduct trials independently and only follow the law;

Point b) Chair meetings of the Judicial Council of the Military Regional Court and Equivalent Courts;

Point c) Bear responsibility and report the work of the Military Regional Court and Equivalent Courts, and military area courts to the President of the Central Military Court, the Commander of the Military Region and Equivalent Commands;

Point d) Perform duties and exercise powers as prescribed by criminal procedure laws; resolve other matters as prescribed by law.

Article 86. President of Military Regional Court

1. The President of the Military Regional Court shall be appointed, relieved, or removed from office by the President of the Supreme People's Court after consultation with the Minister of National Defense. The term of office for the President of the Military Regional Court is five years from the date of appointment.

2. The President of the Military Regional Court shall have the following duties and powers:

a) Organizing the trial work of the Military Regional Court; being responsible for organizing the implementation of the principle that judges and lay assessors exercise their functions independently and only follow the law;

b) Being responsible and reporting on the work of the Military Regional Court to the President of the Military Zone Court and equivalent courts;

c) Implementing the duties and powers as prescribed by criminal procedure laws; resolving other matters as prescribed by law.

Article 87. Vice-President of Central Military Court, Military Zone Court and Equivalent Courts, Military Regional Court

1. The Vice-President of the Central Military Court, Military Zone Court and Equivalent Courts, Military Regional Court shall be appointed, relieved, or removed from office by the President of the Supreme People's Court after consultation with the Minister of National Defense. The term of office for the Vice-President of the Central Military Court, Military Zone Court and Equivalent Courts, Military Regional Court is five years from the date of appointment.

2. The Vice-President of the Central Military Court, Military Zone Court and Equivalent Courts, Military Regional Court assists the President in performing assigned duties and powers. In the absence of the President, a Vice-President designated by the President shall lead the court's operations. The Vice-President shall be accountable to the law and the President for the performance of assigned duties and powers.

3. To perform other duties and powers as prescribed by law.

Section 3

JUDGES

Article 88. Judge

A judge is a person who meets the criteria and conditions stipulated by this Law and is appointed by the State President to perform trial tasks and other duties and powers as prescribed by this Law and relevant laws.

Article 89. Oath of Judges

1. Appointed judges must swear absolute loyalty to the country, the people, and the Constitution of the Socialist Republic of Vietnam; faithfully and conscientiously fulfill assigned duties and powers; uphold justice solely according to the law, impartially and fairly; adhere to judicial ethics and conduct.

2. The President of the Supreme People's Court shall prescribe the form of the oath for judges.

Article 90. Rank and Grade of Judges

1. Judges include the following ranks:

a) Supreme People's Court Judge;

b) People's Court Judge.

2. The Standing Committee of the National Assembly shall specify the grade of People's Court Judge, the conditions for each grade, and the promotion of People's Court Judge upon the proposal of the President of the Supreme People's Court.

Article 91. Appointment of Judges

1. Supreme People's Court Judges shall be appointed by

2. People's Court Judges shall be appointed by

3. The first appointment of People's Court Judges must be through a selection examination for People's Court Judges, except in cases provided for in Clause 2 of Article 95 of this Law.

Article 92. Duties and Powers of Supreme People's Court Judges

1. Performing the duties and powers of members of the Supreme People's Court Judicial Council.

2. Participating in training, education, teaching, and scientific research.

3. Performing other duties and powers as prescribed by law and assigned by the President of the Supreme People's Court.

Article 93. Duties and Powers of Judge of the People's Court

1. Performing duties and powers as stipulated at points a, b, c, d, and đ Clause 2 Article 3 of this Law.

2. A Judge working at the Supreme People's Court has the following duties and powers:

a) Reviewing and deciding on the acceptance of cassation and revision petitions as assigned by the President of the Supreme People's Court;

b) Proposing to the President of the Supreme People's Court and Supreme People's Court Judges the resolution of requests, proposals, and recommendations for cassation and revision;

c) Examining and verifying evidence as prescribed by law;

d) Drafting reports and draft conclusions on the review of case files, documents, and evidence of cases where judgments and decisions of the court have taken legal effect and submitting them to Supreme People's Court Judges, the President of the Supreme People's Court, and the Supreme People's Court Judicial Council;

đ) Proposing the President of the Supreme People's Court to resolve complaints in litigation activities as prescribed by law on criminal procedure;

e) Proposing the President of the Supreme People's Court to perform duties and powers in execution of death sentences and parole work as prescribed by law;

g) Proposing the President of the Supreme People's Court and the Supreme People's Court Judicial Council to develop precedents for judgments and decisions of the court that have taken legal effect;

h) Proposing content for lessons learned and ensuring uniform application of the law in practical trials and case resolutions;

i) Performing trial and case resolution tasks at other courts as prescribed by the President of the Supreme People's Court.

3. Performing other duties and powers as assigned by the President and prescribed by law.

Article 94. Standards for People's Court Judges

1. Be a Vietnamese citizen, loyal to the country and the Constitution, having good moral qualities, firm political resolve, courage and determination to uphold justice, integrity and honesty.

2. Be at least 28 years old.

3. Hold a bachelor’s degree in law or higher.

4. Have received training in adjudication procedures.

5. Have experience working in legal affairs.

6. Have health sufficient to fulfill assigned tasks.

Article 95. Conditions for Appointment of People's Court Judges

1. A person meeting the standards set forth in Article 94 of this Law and possessing the following conditions may be selected and appointed as a People's Court Judge; if they are an active military officer, they may be selected and appointed as a Judge of Military Courts:

a) Having at least five years of experience in legal work; having the ability to adjudicate and resolve cases within the jurisdiction of the court as prescribed by law;

b) Passing the examination for selection of People's Court Judges.

2. In exceptional circumstances, a person meeting the standards stipulated in Clauses 1, 3, 5, and 6 of Article 94 of this Law may be appointed as a People's Court Judge; if they are an active military officer, they may be selected and appointed as a Judge of Military Courts when they fall under one of the following situations:

a) Having at least ten years of experience in legal work, being transferred by an authorized agency or organization to assume leadership positions in People's Courts at district, city district, provincial city, centrally-administered city level, or Military Courts in regions;

b) Having at least fifteen years of experience in legal work, being transferred by an authorized agency or organization to assume leadership positions in People's Courts at provincial level, centrally-administered cities, People's Courts of Appeal, specialized first-instance People's Courts, Military Courts of Military Zones and equivalent, Central Military Courts.

Article 96. Standards and Conditions for Appointing Supreme People's Court Judges

1. A person who meets the standards prescribed in Clauses 1, 3, 5, and 6 of Article 94 of this Law and satisfies the following conditions may be selected and appointed as a Judge of the Supreme People's Court:

a) At least 45 years old;

b) Having at least twenty years of service in courts, including at least ten years as a People's Court Judge. In exceptional cases decided by the competent authority, but must have at least five years of service as a People's Court Judge;

c) Possessing the ability to adjudicate cases and matters within the jurisdiction of the Supreme People's Court as stipulated by law.

2. A person not working in courts but with high social prestige, meeting the standards stipulated in Clause 1 and Clause 6 of Article 94 of this Law, and fulfilling the appointment conditions specified in point a and point c of Clause 1 of this Article, ensuring the prescribed procedure, may be selected and appointed as a Supreme People's Court Judge when they fall under one of the following situations:

a) Holding an important position in central agencies or organizations with profound knowledge about politics, law, economy, culture, society, security, defense, diplomacy;

b) Experts, lawyers, university lecturers, scientists with high qualifications in law, holding important positions in political agencies, political-social organizations, political-social-professional organizations, social-professional organizations.

3. The number of Supreme People's Court Judges selected and appointed according to the provisions of Clause 2 of this Article shall not exceed two persons.

Article 97. Procedures for Approval and Appointment of Supreme People's Court Judges

1. The President of the Supreme People's Court submits to the National Assembly for approval the proposal to appoint Supreme People's Court Judges.

2. The dossier submitted to the National Assembly for approval of the proposal to appoint Supreme People's Court Judges is sent to the Standing Committee of the National Assembly for review and recommendation to include it in the agenda of the nearest National Assembly session.

3. The Committee on Justice of the National Assembly is responsible for examining the proposal submitted to the National Assembly for approval of the proposal to appoint Supreme People's Court Judges.

4. The National Assembly examines and passes a resolution approving the proposal to appoint Supreme People's Court Judges.

5. Based on the resolution approving the National Assembly,

6. Supreme People's Court Judges take the oath as prescribed in Article 89 of this Law.

Article 98. Procedures for Nomination and Reappointment of People's Court Judges

The President of the Supreme People's Court shall stipulate the procedures for nominating and reappointing People's Court Judges.

Article 99. Examination Board for Selecting People's Court Judges

1. The Examination Board for Selecting People's Court Judges consists of the President of the Supreme People's Court as Chairman; one Vice-President of the Supreme People's Court, representatives from the Ministry of National Defense, and the Ministry of Public Security as members. The list of members of the Examination Board for Selecting People's Court Judges shall be decided by the President of the Supreme People's Court.

2. The Examination Board for Selecting People's Court Judges has the following duties and powers:

a) Organizing the examination to select People's Court Judges;

b) Announcing the list of successful candidates.

3. The operational regulations of the Examination Board for Selecting People's Court Judges and the examination regulations for selecting People's Court Judges shall be stipulated by the President of the Supreme People's Court.

Article 100. Term of Office of Judges

1. The term of office of Supreme People's Court Judges is calculated from the date of appointment until retirement or transfer to other work.

2. The term of office of People's Court Judges appointed for the first time is five years from the date of appointment. The term of office of People's Court Judges reappointed is until retirement or transfer to other work.

3. People's Court Judges who are transferred to perform other tasks within the court system, when reassigned to be People's Court Judges again, do not need to undergo the examination to select People's Court Judges and are placed at the corresponding level; in this case, the term of office of People's Court Judges is until retirement or transfer to other work.

4. People's Court Judges who do not meet the conditions for reappointment are assigned other suitable work; when they meet the conditions for appointing People's Court Judges and have the desire, they must undergo the examination to select People's Court Judges; in this case, the term of office of People's Court Judges is considered as the initial term.

Article 101. Benefits and Policies

Judges enjoy the following benefits and policies:

1. Receiving salaries and allowances as prescribed in Article 142 of this Law;

2. Being considered for benefits and policies equivalent to those for war invalids or being recognized as martyrs and other benefits and policies as prescribed by law when their lives or health are harmed due to official duties;

3. Receiving training and further education to improve professional expertise;

4. Being provided with uniforms and Judge identification cards for performing duties;

5. Being honored and rewarded according to the laws on commendation and rewards;

6. Enjoying other benefits and policies as prescribed by law.

Article 102. Protection of Judges

1. Judges are respected for their dignity and reputation, and are protected when performing official duties and when necessary.

2. Strictly prohibited are the following acts:

a) Threatening, infringing upon life, health, insulting dignity, personality, reputation, rights, and legitimate interests of Judges or their relatives when Judges are performing official duties or due to official reasons;

b) Obstructing Judges in performing official duties;

c) Influencing the independent judgment and adherence to the law, impartiality, and objectivity of Judges when performing official duties.

3. In cases where the dignity or personality of Judges is insulted while performing tasks, Judges and the President of the People's Court where the Judge works shall request relevant agencies, organizations, or individuals to stop the insulting behavior and make a public apology. Agencies, organizations, or individuals must immediately cease the violation.

4. In cases where personal safety or the safety of relatives of Judges is threatened due to the performance of their duties, the President of the People's Court where the Judge works shall propose that the competent public security agency take necessary measures to protect the personal safety or the safety of relatives of Judges. Upon receiving the proposal, the public security agency shall be responsible for examining the nature and severity of the threatening behavior to provide appropriate protection.

5. Judges who have issued judgments or decisions that are annulled or amended only bear responsibility if there is subjective fault as prescribed by law. The President of the Supreme People's Court shall stipulate the details of this provision.

6. Agencies, organizations, or individuals who commit acts as prescribed in Clause 2 of this Article shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

7. The Standing Committee of the National Assembly shall stipulate the protection regime for Judges based on the proposal of the President of the Supreme People's Court.

Article 103. Responsibilities of Judges

1. Loyalty to the country, compliance with the Constitution and laws, resolutely protecting justice.

2. Respect for the people, devoted service to the people, close ties with the people and subject to the supervision of the people.

3. Independent adjudication and adherence only to the law; impartial and objective in adjudication; compliance with judicial conduct rules and professional ethics, maintaining the prestige of the court.

4. Protecting the interests of the State, public interests, rights and legitimate interests of organizations and individuals.

5. Protecting the rights and legitimate interests of suspects, defendants, victims, parties, and other participants in litigation as prescribed by law.

6. Maintaining state secrets and work-related confidentiality as prescribed by law.

7. Studying, researching, training, accumulating experience to enhance legal knowledge, professional expertise, adjudicative skills, ethics, political resolve, professional ethics, and professionalism of judges.

8. Participating in professional training on adjudicative skills, relevant social knowledge, ethics, responsibilities, and conduct of judges as prescribed by the Chief Justice of the Supreme People's Court.

9. Being accountable under the law for the performance of their duties and powers.

Article 104. Matters that Judges shall not engage in

1. Matters prohibited for civil servants as prescribed by law.

2. Violation of judicial conduct rules and professional ethics.

3. Advising suspects, defendants, parties, or other participants in litigation about cases within their jurisdiction or participating in their resolution.

4. Illegally interfering with case adjudication or resolution or using influence to affect those responsible for adjudication or resolution.

5. Removing case files or documents from the office except when assigned a task or with the consent of authorized personnel.

6. Meeting suspects, defendants, parties, or other participants in litigation within their adjudicative jurisdiction at unauthorized locations.

7. Misusing power; harassing, delaying, causing difficulties, or inconvenience to citizens, suspects, defendants, parties, other participants in litigation, and those conducting litigation.

8. Pressuring, suggesting suspects, defendants, parties, other participants in litigation, and those conducting litigation to provide unobjective, truthful information, statements.

9. Violating legal provisions on power control, anti-corruption, and anti-neglect.

10. Engaging in lawyer, notary, commissioner, arbitrator, mediator, legal aid provider, auctioneer, bankruptcy trustee roles; providing legal advice to commercial entities; investing in law firms, notary offices, commissioner offices, arbitration centers.

Article 105. Information on Judges violating the law

1. In the event that a Judge of the Supreme People's Court is detained for committing a crime on the spot, the authority issuing the detention decision must report immediately.

2. In the event that a Judge of the People's Court is detained for committing a crime on the spot, the authority issuing the detention decision must immediately inform the Chief Justice of the Supreme People's Court. In the event of arrest, detention, custody, prosecution, search of residence or workplace of a Judge of the People's Court, the investigating authority must immediately inform the Chief Justice of the Supreme People's Court.

Article 106. Transfer, Rotation, and Detachment of Judges of People's Courts

1. The transfer of Judges of People's Courts shall be carried out to ensure that courts fulfill their adjudication tasks and other tasks as prescribed by law.

2. The rotation of Judges of People's Courts holding leadership and management positions within courts shall be implemented to meet the requirements of tasks and cadre planning.

3. The detachment of Judges of People's Courts shall be carried out to ensure that courts fulfill their adjudication tasks and other tasks as prescribed by law. The duration of the detachment of Judges of People's Courts shall not exceed three years.

4. The transfer, rotation, and detachment of Judges of People's Courts shall be carried out according to the分级授权 of the President of the Supreme People's Court. The President of the Supreme People's Court shall stipulate the分级授权for the transfer, rotation, and detachment of Judges of People's Courts.

5. The transfer and rotation of Judges of Military Courts shall be decided by the Minister of National Defense after consultation with the President of the Supreme People's Court. The detachment of Judges of People's Courts from Military Courts to perform temporary duties at other Military Courts shall be decided by the Minister of National Defense.

Article 107. Removal of Judges

1. A Judge shall be automatically removed upon retirement, resignation, or transfer to another job.

2. A Judge may be removed due to health reasons, failure to complete tasks, or for other reasons.

3. A Judge may be removed at his/her personal request.

Article 108. Dismissal of Judges

1. A Judge shall be automatically dismissed if convicted by a court judgment that has taken legal effect or if compelled to resign.

2. Depending on the nature and severity of the violation, a Judge may be dismissed if he/she falls under any of the following circumstances:

a) Violation in adjudication work, case resolution, or matters within the jurisdiction of the court;

b) Conduct as specified in Article 104 of this Law;

c) Violation of moral character;

d) Other acts violating the law.

Article 109. Procedures for Removal and Dismissal of Judges

1. The National Selection and Supervision Council of Judges shall examine cases of removal and dismissal of Judges upon the proposal of the President of the Supreme People's Court.

2. The removal and dismissal of Judges of the Supreme People's Court shall be carried out according to the procedures stipulated in Clauses 1, 2, 3, 4, and 5 of Article 97 of this Law.

3. Based on the proposal of the National Selection and Supervision Council of Judges, the President of the Supreme People's Court shall submit

4. The procedure for proposing the removal and dismissal of Judges of People's Courts shall be stipulated by the President of the Supreme People's Court.

Article 110. Handling Petitions and Complaints Regarding the Appointment, Removal, Dismissal, Commendation, Disciplinary Action, Transfer, Rotation, and Detachment of Judges

1. The National Selection and Supervision Council of Judges shall examine petitions related to the appointment, removal, dismissal, commendation, and disciplinary action of Judges. For petitions regarding the appointment, removal, and dismissal of Judges with sufficient grounds, the Council shall propose to the President of the Supreme People's Court to submit

2. The President of the Supreme People's Court shall handle complaints related to the transfer, rotation, and detachment of Judges of People's Courts in accordance with the provisions of the law.

Section 4

COURT INVESTIGATORS, COURT SECRETARIES

Article 111. Court Examiner

The Court Examiner is a person who meets the criteria and conditions stipulated by this Law and is appointed by the President of the Supreme People's Court to perform the tasks of examining case files, cases, and other tasks as prescribed by this Law.

Article 112. Criteria for Court Examiners

1. Being a Vietnamese citizen, loyal to the country and the Constitution, having good moral character, firm political resolve, integrity, and honesty.

2. Having a bachelor’s degree in law or higher.

3. Being a court civil servant.

4. Having been trained in Court Examiner duties or adjudication duties.

5. Have experience working in legal affairs.

6. Have health sufficient to fulfill assigned tasks.

Article 113. Conditions for Appointing Court Examiners

A person who meets the criteria set forth in Article 112 of this Law and falls under one of the following circumstances shall be considered for appointment as a Court Examiner:

1. Having worked as a Court Clerk for at least three years;

2. Having at least three years of experience in legal work.

Article 114. Ranks of Court Examiners

1. Court Examiners have the following ranks:

a) Examiner;

b) Senior Examiner;

c) Senior-Level Examiner.

2. The President of the Supreme People's Court shall specify the detailed conditions for each rank and the process of promotion among the ranks of Court Examiners.

3. The President of the Supreme People's Court shall establish the structure and ratio of the ranks of Court Examiners at various courts.

Article 115. Duties and Powers of Court Examiners

1. The duties and powers of Court Examiners include the following:

a) Studying and proposing the acceptance of petitions for cassation and reconsideration;

b) Studying requests, proposals, and recommendations for cassation and reconsideration; examining case files, documents, and evidence of cases where judgments and decisions of the court have taken effect, and proposing solutions;

c) Examining and verifying evidence as prescribed by law;

d) Advising and performing tasks within the court's enforcement jurisdiction;

đ) Studying judgments and decisions that have taken effect to propose the selection and development of precedents;

e) Advising on the summary of practical trials to ensure uniform application of laws in trials;

g) Performs other tasks and powers as prescribed by law.

2. Court Examiners shall carry out the duties and powers specified in Clause 1 of this Article and other duties and powers assigned by the President of the Court.

3. Court Examiners shall be responsible before the law and the President of the Court for the performance of their duties and powers.

Article 116. Court Clerks

Court Clerks are persons who meet the criteria and conditions stipulated by this Law and are appointed by the President of the Supreme People's Court to perform procedural litigation tasks, administrative and judicial duties, and other tasks as prescribed by this Law.

Article 117. Criteria and Conditions for Appointing Court Clerks

A Vietnamese citizen who meets the following criteria and conditions shall be considered for appointment as a Court Clerk:

1. Having a bachelor’s degree in law or higher;

2. Being recruited as a court civil servant;

3. Having been trained in Court Clerk duties.

Article 118. Ranks of Court Clerks

1. Court Clerks have the following ranks:

a) Clerk;

b) Senior Clerk;

c) Senior-Level Clerk.

2. The President of the Supreme People's Court shall specify the detailed conditions for each rank and the process of promotion among the ranks of Court Clerks.

3. The President of the Supreme People's Court shall establish the structure and ratio of the ranks of Court Clerks at various courts.

Article 119. Duties and Powers of Court Clerk

1. The duties and powers of the Court Clerk are as follows:

a) Serve as the clerk during court sessions and conduct litigation activities in accordance with the provisions of the law;

b) Perform administrative and judicial tasks and other duties assigned by the Chief Judge;

c) Carry out other duties and powers as prescribed by law.

2. The Court Clerk shall be responsible to the law and to the Chief Judge for the performance of their duties and powers.

Article 120. System and Policies for Court Appraisers and Court Clerks

Court Appraisers and Court Clerks shall enjoy the following systems and policies:

1. Receiving salaries and allowances as prescribed in Article 142 of this Law;

2. Be provided with uniforms and certificates of judicial titles to perform their duties;

3. Receiving training and further education to improve professional expertise;

4. Be eligible for rewards according to the laws on commendation and awards.

Chapter VI

APPELLATE JUDGE

Article 121. Appellate Judge

1. The Appellate Judge is a representative of the people participating in the trial at the Court.

2. The Appellate Judge includes:

a) People's Appellate Judge;

b) Military Appellate Judge.

Article 122. Criteria for Appellate Judges

1. A person elected or appointed as an Appellate Judge must meet the following criteria:

a) Being a Vietnamese citizen, loyal to the country and the Constitution, having good moral character, strong political resolve, high reputation in the community, courageous and resolute in defending justice, honest and truthful;

b) At least 28 years old but not more than 70 years old;

c) Having knowledge of the law;

d) Having social understanding;

đ) Having health sufficient to fulfill the assigned tasks;

e) Not currently undergoing disciplinary measures such as reprimand, warning, demotion in rank, or reduction in pay grade; not having been disciplined by dismissal, removal from office, or forced resignation;

g) Not currently being criminally prosecuted or previously convicted by a final and binding judgment of the Court;

h) Not having been dismissed as an Appellate Judge.

2. A person elected as an Appellate Judge at a specialized first-instance People's Court must meet the following criteria:

a) The criteria stipulated in Clause 1 of this Article;

b) Having professional knowledge and experience working in the field under the jurisdiction of the specialized first-instance People's Court.

Article 123. Persons Prohibited from Serving as Appellate Judges

1. Those holding judicial positions, civil servants, public officials, and employees in Courts, Public Prosecution Offices, police agencies, enforcement agencies, and agencies tasked with conducting certain investigative activities as prescribed by law.

2. Lawyers.

3. Notaries.

4. Substitutes.

5. Legal aid officers.

Article 124. System of Election and Appointment of Appellate Judges

1. The system of electing People's Appellate Judges applies to Appellate Judges at provincial and centrally-administered city People's Courts, district and town People's Courts, and specialized first-instance People's Courts.

2. The system of appointing Military Appellate Judges applies to Appellate Judges at military regional courts and equivalent courts.

Article 125. Duties and Powers of Appellate Judges

1. People's Appellate Judges shall perform the duty of adjudicating cases within the jurisdiction of the People's Court as assigned by the Chief Judge of the Court where they were elected as People's Appellate Judges; for Appellate Judges at specialized first-instance People's Courts, as assigned by the Chief Judge of the specialized first-instance People's Court.

2. Military Appellate Judges shall perform the duty of adjudicating cases within the jurisdiction of the Military Court as assigned by the Chief Judge of the Court where they were appointed as Military Appellate Judges.

3. Appellate Judges have the obligation to carry out their duties as assigned by the Chief Judge, and if unable to do so, they must state the reasons.

4. If within six months of service an Appellate Judge has not been assigned by the Chief Judge to adjudicate cases, they have the right to request the Chief Judge to provide the reasons.

5. When adjudicating, Appellate Judges shall perform their duties and powers as prescribed by law.

Article 126. Responsibilities of Lay Judges

1. Loyalty to the country, exemplary compliance with the Constitution and laws.

2. Participate in trials according to the assignment of the Chief Justice without refusal, except for legitimate reasons or as prescribed by procedural law.

3. Render judgments independently and solely in accordance with the law; be impartial and objective in adjudication, contributing to protecting justice, human rights, citizens' rights, socialist regime, state interests, lawful and legitimate rights and interests of organizations and individuals.

4. Respect the people and be subject to the supervision of the people.

5. Maintain state secrets and work-related confidentiality as prescribed by law.

6. Actively study to enhance their knowledge of law and trial procedures; participate in case review sessions and court work summary conferences.

7. Comply with internal regulations and rules of the Court.

8. Be accountable under the law for the performance of their duties and powers. If a lay judge causes damage while performing their duties and powers, the court where the lay judge performs the trial shall bear responsibility for compensation, and the lay judge who caused the damage shall be responsible for reimbursing the court according to the provisions of the law.

Article 127. Procedures for electing, appointing, relieving, and dismissing lay judges

1. Provincial People's Courts, municipal People's Courts directly under the central government, district-level People's Courts, city-level People's Courts, and provincial-level People's Courts within municipalities directly under the central government propose requirements regarding the number and composition of lay judges to the Vietnam Fatherland Front Committee at the same level to select and introduce persons meeting the criteria stipulated in Clause 1 of Article 122 of this Law for the competent People's Council to elect lay judges according to the law. The composition of lay judges must ensure a reasonable structure suitable for the trial requirements of cases within the jurisdiction of the Court and the local situation and characteristics. The number of personnel proposed for election as lay judges must have a surplus. After reaching consensus with the Vietnam Fatherland Front Committee at the same level, the Chief Justice of the People's Courts at all levels proposes to the competent People's Council to relieve or dismiss lay judges according to the law.

2. Specialized first-instance People's Courts propose requirements regarding the number of lay judges and nominate a list of lay judges; propose to the Vietnam Fatherland Front Committee of the province or municipality directly under the central government within its territorial jurisdiction to select and introduce persons meeting the criteria stipulated in Clause 2 of Article 122 of this Law for the provincial People's Council at that locality to elect lay judges participating in trials at specialized first-instance People's Courts. The number of personnel proposed for election as lay judges must have a surplus. After reaching consensus with the Vietnam Fatherland Front Committee of the province or municipality directly under the central government within its territorial jurisdiction, the Chief Justice of specialized first-instance People's Courts proposes to the provincial People's Council to relieve or dismiss lay judges at specialized first-instance People's Courts.

3. Military lay judges of Military Region People's Courts and equivalent courts are appointed by the Director of the General Political Department of the Vietnam People's Army based on the recommendation of the political organs of the Military Region, corps, military branch, general department, or equivalent level. After reaching consensus with the political organs of the Military Region, corps, military branch, general department, or equivalent level, the Chief Justice of Military Region People's Courts and equivalent courts proposes to the Director of the General Political Department of the Vietnam People's Army to relieve or dismiss military lay judges of Military Region People's Courts and equivalent courts.

4. Military lay judges of Military Zone People's Courts are appointed by the Political Commissar of the Military Region, corps, military branch, general department, or equivalent level based on the recommendation of the political organs of the division or equivalent level. After reaching consensus with the political organs of the division or equivalent level, the Chief Justice of Military Zone People's Courts proposes to the Political Commissar of the Military Region, corps, military branch, general department, or equivalent level to relieve or dismiss military lay judges of Military Zone People's Courts.

Article 128. Term of Office of the People's Juror

1. The term of office of the People's Juror of the People's Court at provincial level, centrally governed city level, district level, urban district level, town-level city under province, city-level city under centrally governed city, specialized first-instance People's Court shall be for the term of the People's Council that elected such People's Juror. When the term of the People's Council expires, the incumbent People's Juror shall continue to perform their duties until the new term of the People's Council elects a new People's Juror.

2. The term of office of the Military Juror is five years from the date of appointment.

Article 129. Removal and Dismissal of the People's Juror

1. A People's Juror may be relieved of duty due to health reasons, personal preference, or other legitimate reasons.

2. Judges are dismissed if they violate moral standards or engage in illegal acts that make them unworthy to be Judges.

Article 130. Treatment and Policy towards the People's Juror

1. The People's Juror shall be trained and provided with professional development, participate in court work summary conferences. The Supreme People's Court shall develop training programs, plans, and materials for the People's Juror uniformly nationwide; organize regular and specialized training for the People's Juror according to regulations and actual needs.

2. If the People's Juror is a civil servant, public official, military personnel on active duty, or defense industry worker, the time spent as a People's Juror shall be counted as working time at their respective agencies or units. When participating in activities at the court, the People's Juror shall be reimbursed for related expenses in accordance with the law.

3. The People's Juror shall be honored and rewarded in accordance with the law on commendation and reward and the regulations of the Supreme People's Court.

4. The allowance for the People's Juror when participating in trials shall be regulated by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Court.

5. The People's Juror shall be provided with a uniform for trial duties. The model of the People's Juror uniform shall be regulated by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Court. The issuance, use, replacement, and recovery of the People's Juror uniform shall be regulated by the President of the Supreme People's Court.

Article 131. People's Juror Association

1. The People's Juror shall be organized into a People's Juror Association.

2. The Central Committee of the Vietnam Fatherland Front shall take the lead in coordinating with the Ministry of Home Affairs, the Ministry of Defense, and the Supreme People's Court to submit to the Standing Committee of the National Assembly for promulgation of the Regulations on the organization and operation of the People's Juror Association.

Article 132. Responsibilities of Agencies, Organizations, and Military Units towards the People's Juror

1. Agencies, organizations, and military units having individuals elected or appointed as People's Jurors shall have the responsibility to create conditions for the People's Juror to perform their duties.

2. During the period when the People's Juror performs their duties as assigned by the Chief Justice, the agency, organization, or military unit where the People's Juror is located shall not assign them to other tasks except in special cases and must notify the Chief Justice of the court where the People's Juror performs their duties.

Article 133. Ensuring Conditions for the Operation of the People's Juror and the People's Juror Association

1. The court shall ensure equipment and office space for the People's Juror to carry out their trial duties.

2. The operating support funds for the People's Juror Association, allowances for the Chairman and Vice-Chairman of the People's Juror Association; training and professional development funds for the People's Juror shall be guaranteed by the state budget and included in the court's operating budget. Based on the actual situation of the locality, the People's Council at the same level shall consider and decide to provide operating support funds for the People's Juror Association and training and professional development funds for the People's Juror.

3. The People's Juror shall be issued a People's Juror Identity Card to perform trial duties. The model of the People's Juror Identity Card, its usage, issuance, replacement, and recovery shall be regulated by the President of the Supreme People's Court.

4. The People's Juror shall be protected while performing trial duties. Any acts hindering, threatening, or infringing upon the life, health, honor, dignity, or reputation of the People's Juror and their relatives are strictly prohibited. Anyone who violates these provisions shall be dealt with according to the law.

Article 134. Commendation and Handling of Violations for Lay Judges

1. Lay judges who achieve outstanding results in their adjudication work shall be commended in accordance with the provisions of the law on competition and commendation and the regulations of the Supreme People's Court.

2. Lay judges who commit acts of violating the law shall be removed from office or held criminally responsible according to the nature and degree of violation as stipulated by the law.

Chapter VII

ORGANIZATION OF TRIAL

Article 135. Random Selection of Judges and Lay Judges to Participate in Trials

The President of the Court where the Judge and Lay Judge perform their duties decides to assign Judges and Lay Judges to participate in trials and resolve cases and matters in accordance with the principles of impartiality, objectivity, and randomness as prescribed by law and the regulations of the Supreme People's Court.

Article 136. Methods of Organizing Trials at Courts

1. Courts conduct trials through direct or online methods.

2. A direct trial session is organized in the courtroom; those involved in the proceedings, defendants, victims, parties, and other participants in the proceedings must be present in the courtroom to participate in the trial session.

3. An online trial session is organized in the courtroom, using electronic devices connected to each other via the internet, allowing defendants, victims, parties, and other participants in the proceedings to join the trial session from locations outside the courtroom as decided by the court but still ensuring full visual and audio monitoring and continuous participation in the procedural and formal aspects of the trial session. The organization of online trial sessions must comply with legal regulations; ensure cyber security and technical conditions; and maintain the solemnity of the trial session.

4. Conditions for organizing online trial sessions are regulated by law; the procedures and formalities of online trial sessions are regulated by law.

Article 137. Courtroom

1. The courtroom is the space for conducting criminal and administrative case trials; civil, bankruptcy, and administrative handling cases; and reviewing and deciding on the application of administrative measures by the court.

2. The courtroom includes the cassation and revision courtroom; first-instance and appeal courtroom.

3. The first-instance and appeal courtroom includes:

a) Criminal courtroom;

b) Administrative, civil, civil dispute resolution, bankruptcy, and administrative handling courtroom;

c) Family and Juvenile Court courtroom and handling cases within its jurisdiction.

4. The courtroom must be arranged solemnly, suitable for the requirements of each type of case and matter, ensuring the security and order of the trial session. The Family and Juvenile Court courtroom must be arranged in a friendly manner, ensuring the best interests of juveniles.

5. The courtroom must have the National Emblem of the Socialist Republic of Vietnam; arrange the positions of the Bench, the presiding Judge, other prosecutors, participants in the proceedings, and equipment serving the trial and resolution of cases and matters.

6. Standards for equipment and layout of courtrooms of various courts are prescribed by the President of the Supreme People's Court.

Article 138. Mediation and Dialogue Room

1. The mediation and dialogue room is the space for organizing mediation and dialogue activities at the court in accordance with the Law on Mediation and Dialogue at Courts, the Civil Procedure Code, and the Administrative Procedure Law.

2. The mediation and dialogue room shall be equipped with necessary facilities to serve mediation and dialogue activities at the court.

3. Standards for equipment and layout of the mediation and dialogue room at the court shall be prescribed by the President of the Supreme People's Court.

Article 139. Rules of Conduct for Court Sessions and Meetings

1. The rules of conduct for court sessions and meetings (hereinafter referred to as the rules of conduct for court sessions) are common behavioral norms that have compulsory effect applicable to persons present at court sessions and meetings, issued by the President of the Supreme People's Court in accordance with the law and aimed at maintaining security, order, and the solemnity of the court.

2. The presiding judge of the court session or meeting is responsible for maintaining order in the courtroom and mediation and dialogue rooms according to the rules of conduct for court sessions.

3. The presiding judge of the court session or meeting has the authority to prohibit entry into or require departure from the courtroom and mediation and dialogue rooms for persons violating the rules of conduct for court sessions who may affect the solemnity and security and order of the courtroom and mediation and dialogue rooms; issue administrative penalty decisions, temporary detention, or request competent authorities to initiate criminal proceedings in accordance with the law.

4. Persons violating the rules of conduct for court sessions may be prohibited from entering or required to leave the courtroom and mediation and dialogue rooms, subject to administrative penalties, temporary detention, or criminal prosecution in accordance with the law depending on the nature and severity of the violation.

5. The President of the Supreme People's Court shall provide detailed regulations on this matter.

Article 140. Protection of Courts

1. Protected objects at courts include:

a) Court buildings;

b) Court sessions and meetings for trial and resolution of cases and matters;

c) Case files, documents, and evidence;

d) Bench of judges, judges, and other judicial officials.

2. Protection of these objects must ensure absolute safety, security, order, civility, and the solemnity of the court.

3. Court buildings shall be provided with security forces in accordance with the law. The budget of the state shall guarantee the funding and conditions for the operation of the security forces.

4. Criminal case trials shall be protected by public security forces and the people's armed forces. For other case trials and matters that affect security and order, the court shall request public security forces to provide protection.

5. Judges and other judicial officials shall be protected by public security forces during the trial and resolution of cases and matters upon the court's request.

6. Within their respective duties and powers, the President of the Supreme People's Court and the Minister of Public Security shall provide detailed regulations on this matter.

Article 141. Attendance and Information Activities at Court Sessions and Meetings

1. Individuals aged sixteen years and older may attend open court sessions in accordance with the law. Those under sixteen years old are not allowed to enter the courtroom except when summoned by the court.

2. Attendees of court sessions and meetings must comply with the provisions of the law and the rules of conduct for court sessions and meetings.

3. Recording spoken words and filming images at court sessions and meetings, except as provided for in Clause 4 of this Article, shall be carried out as follows:

a) Recording spoken words shall be conducted during the duration of the court session or meeting;

b) Filming images at court sessions and meetings may only be conducted during the opening and closing of the court session or meeting and the announcement of the judgment or decision;

c) Recording spoken words and filming images of the bench of judges and judges as stipulated in points a and b of this clause must be done with the consent of the presiding judge of the court session or meeting; in the case of recording spoken words and filming images of other litigation actors and participants in the court session or meeting, such actions must also be done with their consent and the consent of the presiding judge of the court session or meeting.

4. The court shall record spoken words and film images of the proceedings of court sessions and meetings when necessary to serve professional tasks. The use and provision of results of recording spoken words and filming images of court sessions and meetings shall be carried out in accordance with the law. The President of the Supreme People's Court shall provide detailed regulations on this matter.

5. Attendees of court sessions and meetings shall not broadcast live or online; shall not disseminate false information; shall not disseminate information affecting the independence and impartiality of the court in adjudicating and resolving cases and matters; shall not violate the rights of defendants, victims, parties, and other litigation participants in cases and matters; shall not violate confidentiality regulations as prescribed by the law.

Chapter VIII

ENSURING THE OPERATIONS OF PEOPLE'S COURTS

Article 142. Remuneration and Allowances

1. The State has preferential policies on remuneration and allowances for Judges, Court Appraisers, and Court Secretaries.

2. The remuneration and allowance system for Judges, Court Appraisers, and Court Secretaries shall be prescribed by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

3. The remuneration and allowance system for other civil servants, employees, and workers of the Courts shall be implemented in accordance with the provisions of the law.

4. Civil servants and employees of the Courts who are transferred, rotated, or assigned to work at different Courts shall enjoy the benefits and policies as prescribed by the law.

Article 143. Uniforms, Judge Identification Card, Judicial Title Certificate

1. The model of the uniform for Judges shall be prescribed by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court. The model of the uniform for Court Appraisers and Court Secretaries shall be prescribed by the President of the Supreme People's Court. The issuance, use of uniforms shall be prescribed by the President of the Supreme People's Court.

2. The model of the Judge Identification Card, the use, issuance, replacement, and recovery of the Judge Identification Card shall be prescribed by the President of the Supreme People's Court.

3. The model of the Judicial Title Certificate, the use, issuance, replacement, and recovery of the Judicial Title Certificate for Court Appraisers and Court Secretaries shall be prescribed by the President of the Supreme People's Court.

4. The professional uniform of Judges of the People's Courts, Military Assessors, Court Appraisers, and Court Secretaries of the Military Courts shall be prescribed by the Minister of Defense after consultation with the President of the Supreme People's Court.

Article 144. Training and Capacity Building

1. Judges, Court Appraisers, Court Secretaries, other civil servants, employees, and workers of the Courts, Assessors, Mediators, and other positions related to the activities of the Courts shall be trained and capacity built in accordance with the provisions.

2. The President of the Supreme People's Court shall prescribe the training and capacity building system within the People's Courts.

3. The State shall ensure funding for the training and capacity building work of the Courts in accordance with the provisions of the law.

Article 145. Training and Capacity Building

Other civil servants, employees, and workers of the Courts shall be provided with uniforms and enjoy benefits and policies as prescribed by the law.

Article 146. Number of Judges and Staffing of the Courts

1. The number of Judges of the Supreme People's Court as prescribed in Clause 1 of Article 48 of this Law.

2. The total staffing of the People's Courts and Military Courts shall be decided by the competent authority upon the proposal of the President of the Supreme People's Court.

3. The number of Judges of the People's Courts, the structure ratio of each level of Judges of the People's Courts at each level of the People's Courts shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court after consulting with the Government.

4. The number of Judges of the People's Courts, the structure ratio of each level of Judges of the People's Courts at each level of the Military Courts shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court after consultation with the Minister of Defense.

5. Căn cứ vào tổng biên chế, số lượng Thẩm phán được giao, cơ cấu tỷ lệ các bậc Thẩm phán Tòa án nhân dân tại mỗi cấp Tòa án, Chánh án Tòa án nhân dân tối cao:

a) Phân bổ biên chế, số lượng Thẩm phán Tòa án nhân dân của các Tòa án nhân dân;

b) Phân bổ biên chế, số lượng Thẩm phán Tòa án nhân dân của các Tòa án quân sự sau khi thống nhất với Bộ trưởng Bộ Quốc phòng.

6. Việc phân bổ biên chế, số lượng Thẩm phán Tòa án nhân dân phải căn cứ vào vị trí việc làm, chức năng, nhiệm vụ của Tòa án; quy mô dân số, diện tích tự nhiên, sự phát triển kinh tế - xã hội; tình hình tranh chấp, vi phạm pháp luật và tội phạm trong phạm vi địa bàn thuộc thẩm quyền của Tòa án.

Điều 147. Kinh phí hoạt động, cơ sở vật chất của Tòa án

1. Kinh phí hoạt động của Tòa án các cấp do ngân sách nhà nước bảo đảm.

2. Kinh phí hoạt động của các Tòa án quy định tại các điểm a, b, c, d và đ khoản 1 Điều 4 của Luật này do Chính phủ sau khi thống nhất với Tòa án nhân dân tối cao trình Quốc hội quyết định. Trường hợp Chính phủ và Tòa án nhân dân tối cao không thống nhất về dự toán kinh phí hoạt động của các Tòa án thì Chánh án Tòa án nhân dân tối cao kiến nghị Quốc hội xem xét, quyết định.

3. Kinh phí hoạt động của Tòa án quân sự do Bộ Quốc phòng phối hợp với Tòa án nhân dân tối cao lập dự toán và đề nghị Chính phủ trình Quốc hội quyết định.

4. Việc quản lý, phân bổ, cấp và sử dụng kinh phí hoạt động của Tòa án được thực hiện theo quy định của luật.

5. Nhà nước ưu tiên đầu tư cơ sở vật chất, phát triển công nghệ thông tin cho Tòa án nhân dân.

Điều 148. Xây dựng Tòa án điện tử

Tòa án có trách nhiệm xây dựng và triển khai Tòa án điện tử để nâng cao hiệu lực, hiệu quả hoạt động; tăng cường công khai, minh bạch hoạt động của Tòa án.

Điều 149. Khen thưởng, xử lý vi phạm

1. Thẩm phán, Thẩm tra viên Tòa án, Thư ký Tòa án, công chức khác, viên chức và người lao động của Tòa án nhân dân có thành tích trong công tác thì được khen thưởng theo quy định của pháp luật về thi đua, khen thưởng và quy định của Tòa án nhân dân tối cao. Thẩm phán, Thẩm tra viên Tòa án, Thư ký Tòa án, công chức khác, quân nhân khác của Tòa án quân sự có thành tích trong công tác thì được khen thưởng theo quy định của pháp luật về thi đua, khen thưởng và quy định của Tòa án nhân dân tối cao, Bộ Quốc phòng.

2. Thẩm phán, Thẩm tra viên Tòa án, Thư ký Tòa án, công chức khác, viên chức và người lao động của Tòa án nhân dân vi phạm pháp luật, vi phạm kỷ luật thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc truy cứu trách nhiệm hình sự theo quy định của pháp luật. Thẩm phán, Thẩm tra viên Tòa án, Thư ký Tòa án, công chức khác, quân nhân khác của Tòa án quân sự vi phạm pháp luật, vi phạm kỷ luật thì tùy theo tính chất, mức độ vi phạm mà bị xử lý kỷ luật, xử phạt vi phạm hành chính hoặc truy cứu trách nhiệm hình sự theo quy định của pháp luật.

Chương IX

ĐIỀU KHOẢN THI HÀNH

Điều 150. Sửa đổi, bổ sung, bãi bỏ một số điều của luật có liên quan

1. Sửa đổi, bổ sung một số điều của Bộ luật Tố tụng hình sự số 101/2015/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 02/2021/QH15 như sau:

a) Sửa đổi khoản 4 Điều 153 như sau:

"4. Hội đồng xét xử yêu cầu Viện kiểm sát khởi tố vụ án hình sự nếu qua việc xét xử tại phiên tòa mà phát hiện có việc bỏ lọt tội phạm.";

b) Sửa đổi, bổ sung khoản 2 Điều 154 như sau:

"2. Trong thời hạn 24 giờ kể từ khi ra quyết định khởi tố vụ án hình sự, Viện kiểm sát phải gửi quyết định đó đến Cơ quan điều tra có thẩm quyền để tiến hành điều tra. Trong thời hạn 24 giờ kể từ khi ra quyết định khởi tố vụ án hình sự, Cơ quan điều tra, cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra phải gửi quyết định đó kèm theo tài liệu liên quan đến Viện kiểm sát có thẩm quyền để kiểm sát việc khởi tố.";

c) Bãi bỏ điểm c khoản 1 Điều 161;

d) Bãi bỏ khoản 7 Điều 326;

đ) Sửa đổi, bổ sung khoản 3 Điều 467 như sau:

"3. Trường hợp hành vi của người vi phạm nội quy phiên tòa có dấu hiệu tội phạm thì Tòa án yêu cầu, kiến nghị khởi tố theo quy định của Bộ luật này.".

2. Sửa đổi, bổ sung một số điều của Bộ luật Tố tụng dân sự số 92/2015/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 45/2019/QH14, Luật số 59/2020/QH14, Luật số 13/2022/QH15 và Luật số 19/2023/QH15 như sau:

a) Bãi bỏ khoản 4 Điều 234;

b) Sửa đổi, bổ sung khoản 3 Điều 491 như sau:

"3. Trường hợp người vi phạm nội quy phiên tòa có dấu hiệu tội phạm thì Tòa án yêu cầu, kiến nghị khởi tố theo quy định của Bộ luật Tố tụng hình sự.";

c) Bãi bỏ Điều 497.

3. Sửa đổi, bổ sung một số điều của Luật Tố tụng hành chính số 93/2015/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 55/2019/QH14 như sau:

a) Bãi bỏ khoản 4 Điều 153;

b) Sửa đổi, bổ sung khoản 3 Điều 316 như sau:

"3. Trường hợp người vi phạm nội quy phiên tòa có dấu hiệu tội phạm thì Tòa án yêu cầu, kiến nghị khởi tố theo quy định của Bộ luật Tố tụng hình sự.";

c) Bãi bỏ Điều 321.

4. Sửa đổi, bổ sung điểm a khoản 2 Điều 19 của Luật Tổ chức chính quyền địa phương số 77/2015/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 21/2017/QH14, Luật số 47/2019/QH14, Nghị quyết số 96/2023/QH15 và Luật số 31/2024/QH15 như sau:

"a) Bầu, miễn nhiệm, bãi nhiệm Chủ tịch Hội đồng nhân dân, Phó Chủ tịch Hội đồng nhân dân, Trưởng ban, Phó Trưởng ban của Hội đồng nhân dân tỉnh; bầu, miễn nhiệm, bãi nhiệm Chủ tịch Ủy ban nhân dân, Phó Chủ tịch Ủy ban nhân dân và các Ủy viên Ủy ban nhân dân tỉnh; bầu, miễn nhiệm, bãi nhiệm Hội thẩm tại Tòa án nhân dân tỉnh, Tòa án nhân dân sơ thẩm chuyên biệt;".

Điều 151. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2025.

2. Luật Tổ chức Tòa án nhân dân số 62/2014/QH13 hết hiệu lực từ ngày Luật này có hiệu lực thi hành, trừ trường hợp quy định tại khoản 1 và khoản 2 Điều 152 của Luật này.

Điều 152. Quy định chuyển tiếp

1. Trường hợp đã tiếp nhận hồ sơ thi vào ngạch Thư ký Tòa án, nâng ngạch Thư ký Tòa án, Thẩm tra viên; tiếp nhận hồ sơ chuyển sang ngạch Thẩm tra viên trước ngày Luật này có hiệu lực thi hành thì việc xem xét, bổ nhiệm vào ngạch, nâng ngạch, chuyển ngạch tiếp tục thực hiện theo quy định của Luật Tổ chức Tòa án nhân dân số 62/2014/QH13.

2. Kể từ ngày Luật này có hiệu lực thi hành, trường hợp số lượng thành viên Ủy ban Thẩm phán Tòa án quân sự quân khu và tương đương vượt quá 05 người thì các thành viên của Ủy ban Thẩm phán Tòa án quân sự quân khu và tương đương tiếp tục thực hiện nhiệm vụ cho đến khi thôi làm nhiệm vụ để bảo đảm số lượng thành viên Ủy ban Thẩm phán theo quy định của Luật này.

3. Thẩm phán cao cấp, Thẩm phán trung cấp, Thẩm phán sơ cấp được chuyển thành Thẩm phán Tòa án nhân dân theo quy định của Luật này. Chánh án Tòa án nhân dân tối cao quyết định xếp bậc Thẩm phán Tòa án nhân dân căn cứ vào quy định của Ủy ban Thường vụ Quốc hội về bậc Thẩm phán.

4. Kể từ ngày Luật này có hiệu lực thi hành, nhiệm kỳ của Thẩm phán đã được bổ nhiệm theo quy định của Luật Tổ chức Tòa án nhân dân số 62/2014/QH13 thực hiện như sau:

a) Thẩm phán Tòa án nhân dân tối cao đã được bổ nhiệm theo quy định của Luật Tổ chức Tòa án nhân dân số 62/2014/QH13 thì nhiệm kỳ được thực hiện theo quy định của Luật này;

b) Thẩm phán cao cấp, Thẩm phán trung cấp, Thẩm phán sơ cấp được bổ nhiệm lần đầu theo quy định của Luật Tổ chức Tòa án nhân dân số 62/2014/QH13 thì tiếp tục thực hiện nhiệm vụ cho đến hết nhiệm kỳ đã được bổ nhiệm; việc bổ nhiệm lại và nhiệm kỳ khi được bổ nhiệm lại thực hiện theo quy định của Luật này;

c) Thẩm phán cao cấp, Thẩm phán trung cấp, Thẩm phán sơ cấp đã được bổ nhiệm lại theo quy định của Luật Tổ chức Tòa án nhân dân số 62/2014/QH13 thì nhiệm kỳ được tính đến khi nghỉ hưu hoặc chuyển công tác khác.

5. Các Tòa án tiếp tục thực hiện thẩm quyền xét xử sơ thẩm vụ án hành chính; xét xử sơ thẩm, giải quyết vụ việc về sở hữu trí tuệ; giải quyết vụ việc phá sản theo quy định của pháp luật về tố tụng, pháp luật về phá sản cho đến khi các Tòa án nhân dân sơ thẩm chuyên biệt được thành lập và hoạt động theo quy định của luật.

Luật này được Quốc hội nước Cộng hoà xã hội chủ nghĩa Việt Nam khóa XV, kỳ họp thứ 7 thông qua ngày 24 tháng 6 năm 2024.