Resolution No. 56/2002/QH10 On the Implementation of the Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates

 RESOLUTION

On the Implementation of the Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates

 NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 84 of the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the tenth session of the tenth National Assembly;

RESOLVES

1. The Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates adopted by the tenth session of the eleventh National Assembly on April 2, 2002 shall take effect from October 1, 2002.

2. From the date of promulgation of the Law on the Organization of People's Courts until this Law takes effect:

a) Management of local people's courts and military courts regarding organization and the appointment, dismissal, and removal of Vice Presidents, Judges of the Supreme People's Court, Presidents, Vice Presidents, and Judges of local people's courts and military courts at all levels shall continue to be carried out in accordance with current laws;

b) The Ministry of Justice shall coordinate with the Supreme People's Court and the Ministry of Defense to prepare for transferring management of local people's courts, military courts of military regions and equivalent courts, and regional military courts to the Supreme People's Court in terms of organization.

The budget for 2002 of local people's courts shall continue to be implemented and settled according to the provisions of the State budget law.

3. From the date the Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates take effect:

a) Abolish the provisions of procedural laws concerning the concurrent first-instance and final-instance jurisdiction of the Supreme People's Court; the supervisory review and retrial jurisdiction of the Supreme People's Court's Judicial Council; the right of appeal under supervisory review procedures of the Vice President of the Supreme People's Court and the Deputy Prosecutor General;

b) For judgments and decisions that have been appealed by the Vice President of the Supreme People's Court or the Deputy Prosecutor General before October 1, 2002 but have not yet been reviewed, specialized chambers of the Supreme People's Court shall continue to conduct supervisory reviews according to current procedural laws;

c) Dissolve the investigation agencies of provincial and centrally-administered city People's Procuratorates, military region People's Procuratorates, and equivalent procuratorates; cases already accepted by these investigation agencies but not yet concluded shall be transferred to the investigation agency of the Supreme People's Procuracy;

d) For judgments and decisions that have been appealed within the supervisory review or retrial jurisdiction of the Supreme People's Court's Judicial Council but whose cases have not yet been reviewed as of October 1, 2002, they shall be referred to the Supreme People's Court's Judicial Council for supervisory review or retrial;

đ) For decisions of the Supreme People's Court's Judicial Council that have been appealed under supervisory review or retrial procedures, the Supreme People's Court's Judicial Council shall continue to conduct supervisory review or retrial proceedings;

e) For decisions of the Supreme People's Court's Judicial Council found to contain errors or new circumstances, the President of the Supreme People's Court and the Prosecutor General may appeal under supervisory review or retrial procedures according to current procedural laws.

4. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities, either independently or in coordination, shall organize the review of relevant regulatory legal documents currently in force in relation to the Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates to revoke, amend, supplement, or issue new documents; propose to the National Assembly and the Standing Committee of the National Assembly to revoke, amend, supplement, or issue new documents consistent with the provisions of these two Laws to ensure the implementation of the Law on the Organization of People's Courts and the Law on the Organization of People's Procuratorates from October 1, 2002.

5. Within their respective functions, tasks, and authorities, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for implementing this Resolution./.

This Resolution was adopted by the tenth session of the eleventh National Assembly of the Socialist Republic of Vietnam on April 2, 2002.