Law on Organization of People's Courts No. 62/2014/QH13

LAW

Organization of People's Courts

_________

 

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

The National Assembly promulgates the Law on Mobile Police Torganization of People's Courts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the functions, tasks, powers, and organizational structure of People's Courts; judges, lay judges, and other positions within People's Courts; and ensures the operation of People's Courts.

Article 2. Functions, Tasks, and Powers of People's Courts

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

The People's Court has the duty to protect justice, human rights, citizens' rights, the socialist regime, state interests, and the legitimate rights and interests of organizations and individuals.

Through its activities, the People's Court contributes to educating citizens to be loyal to the country, strictly comply with laws, respect social life rules, and develop awareness in preventing and combating crimes and other violations of law.

2. On behalf of the Socialist Republic of Vietnam, the People's Court adjudicates criminal, civil, family, commercial, labor, administrative cases, and resolves other matters as prescribed by law; thoroughly, objectively, and comprehensively examines all evidence and materials collected during the proceedings; based on the trial results, issues judgments and decisions on guilt or innocence, application or non-application of punishment, judicial measures, and rights and obligations regarding property and personal rights.

Judgments and decisions of the People's Court that have legal effect must be respected by agencies, organizations, and individuals; relevant agencies, organizations, and individuals must strictly comply with them.

3. When performing the task of adjudicating criminal cases, the People's Court has the right:

a) To examine and conclude on the legality of actions and decisions made by investigators, prosecutors, and lawyers during investigation, prosecution, and trial; to examine the application, change, or cancellation of preventive measures; suspension or temporary suspension of the case;

b) To examine and conclude on the legality of evidence and materials collected by investigative agencies, investigators, prosecution offices, and prosecutors; provided by lawyers, defendants, and other participants in the proceedings;

c) If necessary, return the file to request the prosecution office to conduct supplementary investigations; request the prosecution office to supplement evidence or the court to verify, investigate, collect, and supplement evidence according to the Criminal Procedure Code;

d) To require investigators, prosecutors, and others to present information related to the case at the trial; initiate criminal cases if there is evidence of crime being overlooked;

e) To issue decisions to exercise other powers as prescribed by the Criminal Procedure Code.

4. Verify and collect materials and evidence to resolve civil, family, commercial, labor, and administrative cases and exercise other powers as prescribed by the procedural law.

5. Handle administrative violations; review proposals from state management agencies and decide on applying administrative measures related to human rights and basic citizen rights according to the law.

6. Issue decisions to enforce criminal judgments, suspend imprisonment sentences, temporarily suspend imprisonment sentences, reduce or exempt imprisonment sentences, expunge criminal records, exempt or reduce execution obligations for state budget revenues; implement other powers as prescribed by the Criminal Code, the Criminal Enforcement Law, and the Civil Enforcement Law.

Issue decisions to suspend, exempt, reduce, or temporarily suspend the enforcement of administrative measures applied by the court and implement other powers as prescribed by the Administrative Violations Handling Law.

7. During the trial process, if the People's Court discovers that legal documents are contrary to the Constitution, laws, resolutions of the National Assembly, decrees, and resolutions of the Standing Committee of the National Assembly, it shall propose to competent authorities to amend, supplement, or revoke such documents to ensure the legitimate rights and interests of individuals, agencies, and organizations; competent authorities are responsible for responding to the People's Court about the handling of the proposed legal documents according to the law, serving as a basis for the People's Court to resolve the case.

8. Ensure uniform application of the law in trials.

9. Exercise other powers as prescribed by law.

Article 3. Organization of People's Courts

1. Supreme People's Court.

2. Higher People's Court.

3. Provincial People's Court and People's Court of centrally governed cities.

4. District People's Court, city district People's Court, town People's Court, provincial city People's Court, and equivalent courts.

5. Military People's Court.

Article 4. Authority to establish and dissolve District People's Courts, Provincial People's Courts, Higher People's Courts, and Military People's Courts

1. The Standing Committee of the National Assembly decides on the establishment and dissolution of District People's Courts, city district People's Courts, town People's Courts, provincial city People's Courts, and equivalent courts; Provincial People's Courts and People's Courts of centrally governed cities; Higher People's Courts, and defines the territorial jurisdiction of Higher People's Courts based on the proposal of the President of the Supreme People's Court.

2. The Standing Committee of the National Assembly decides on the establishment and dissolution of Military People's Courts in regions, Military People's Courts in military zones, and equivalent courts, and defines the territorial jurisdiction of each court based on the proposal of the President of the Supreme People's Court after reaching consensus with the Minister of Defense.

Article 5. Principles of organization of People's Courts

People's Courts are organized independently according to their adjudicative authority.

Article 6. Ensuring the system of first-instance and appellate trials

1. The system of first-instance and appellate trials is ensured.

A first-instance judgment or decision of a court may be appealed or protested according to the provisions of the procedural code. A first-instance judgment or decision that is not appealed or protested within the time limit prescribed by law shall have legal effect.

If a first-instance judgment or decision is appealed or protested, the case must be tried at the appellate level. An appellate judgment or decision of a court has legal effect.

2. A judgment or decision of a court that has legal effect but is found to violate the law or has new circumstances according to the procedural code may be reviewed through the cassation or retrial procedure.

Article 7. System for appointing Judges; electing, nominating Lay Assessors

1. The system for appointing Judges is implemented for all courts.

2. The system for electing Lay Assessors is implemented for Provincial People's Courts, People's Courts of centrally governed cities, District People's Courts, city district People's Courts, town People's Courts, provincial city People's Courts, and equivalent courts. The system for nominating Military Assessors is implemented for Military People's Courts in military zones and equivalent courts, and Military People's Courts in regions.

Article 8. Implementing the system of trials with Lay Assessors participating

The first-instance trial of a court with Lay Assessors participating is conducted according to the procedural code, except in cases tried under simplified procedures.

Article 9. Judges and Lay Assessors adjudicate independently and only follow the law

1. Judges and Lay Assessors adjudicate independently and only follow the law; it is strictly prohibited for any agency, organization, or individual to interfere in the adjudication of Judges and Lay Assessors in any form.

2. Any individual or agency that interferes in the adjudication of Judges and Lay Assessors will be subject to disciplinary action, administrative penalties, or criminal liability according to the law depending on the nature and severity of the violation.

Article 10. Collective adjudication by People's Courts

People's Courts conduct collective adjudication and decide by majority vote, except in cases tried under simplified procedures. The composition of the bench at each level of adjudication is defined by the procedural code.

Article 11. The People's Court shall promptly, fairly, and publicly adjudicate cases.

1. The People's Court shall promptly adjudicate cases within the prescribed time limit, ensuring fairness.

2. The People's Court shall conduct public trials. In special cases where it is necessary to maintain state secrets, traditional customs, and ethnic traditions, protect minors, or maintain personal privacy upon legitimate requests from the parties involved, the People's Court may conduct secret trials.

Article 12. Ensuring equality before the People's Court

The court shall adjudicate according to the principle that all individuals are equal before the law, without discrimination based on ethnicity, gender, belief, religion, social status, or social position; individuals, agencies, and organizations are all equal before the court.

Article 13. Ensuring adversarial proceedings in trials

Adversarial proceedings in trials shall be guaranteed. The court has the responsibility to ensure that participants in litigation exercise their right to adversarial proceedings during trials. The implementation of adversarial proceedings in trials shall be carried out in accordance with the provisions of the procedural law.

Article 14. Responsibility for proving criminal offenses and ensuring the right to defense of the accused and the right to protect the legitimate interests of the parties

A person accused of a crime shall be presumed innocent until proven guilty according to the prescribed legal procedures and there is a valid judgment convicting them from the court.

The right to defense of the accused and the right to protect the legitimate interests of the parties shall be ensured.

The accused has the right to self-defense, to seek the assistance of a lawyer or another person for defense; other parties in the case have the right to self-defense or to seek the assistance of someone to protect their legitimate interests.

The court has the responsibility to ensure the right to defense of the accused and the right to protect the legitimate interests of the parties.

Article 15. Language and writing used before the People's Court

The language and writing used before the court shall be Vietnamese.

The court shall ensure the right of participants in litigation to use their own language and writing before the People's Court, and in such cases, there must be an interpreter present.

Article 16. Ensuring the effectiveness and efficiency of the activities of the People's Court

1. Individuals, agencies, and organizations must respect the court.

2. Any acts that insult, harm the dignity and reputation of the People's Court, obstruct its activities, shall be strictly prohibited; persons who violate these rules shall be subject to disciplinary action, administrative penalties, or criminal liability as provided by law, depending on the nature and severity of the violation.

3. When performing their duties and exercising their powers, judges and lay assessors have the right to contact state agencies, the Vietnam Fatherland Front Committee, member organizations of the Front, and other social organizations and citizens. Within the scope of their functions, tasks, and powers, agencies, organizations, and citizens have the responsibility to implement requests and create conditions for judges and lay assessors to perform their duties.

Article 17. The responsibility for coordination between the People's Court and agencies and organizations

1. The People's Court shall coordinate with agencies and organizations to promote the educational effect of court sessions and facilitate the enforcement of judgments and decisions of the People's Court.

2. The People's Court shall work together with agencies and organizations to study and propose policies and laws on preventing and combating violations of the law and crimes, ensuring national security, and social order and safety.

3. If necessary, along with issuing judgments and decisions, the People's Court may recommend that agencies and organizations take measures to eliminate the causes and conditions leading to crimes or violations of the law at those agencies and organizations. Agencies and organizations receiving recommendations shall be responsible for implementing them and must report back to the court on the results of handling the recommendations within thirty days from the date of receipt.

Article 18. Management of People's Courts on Organization

1. The Supreme People's Court manages the organization of People's Courts.

2. The Supreme People's Court takes the lead and coordinates with the Ministry of National Defense to manage the organization of Military Courts.

The regulations on coordination between the Supreme People's Court and the Ministry of National Defense in managing the organization of Military Courts shall be prescribed by the Standing Committee of the National Assembly.

Article 19. Supervision of the Activities of People's Courts

The National Assembly, its agencies, Delegations of the National Assembly, National Assembly deputies, People's Councils, People's Council deputies, the Vietnam Fatherland Front, and its member organizations supervise the activities of People's Courts according to the provisions of the law.

Chapter II

SUPREME PEOPLE'S COURT

Section 1

TASKS, POWERS, ORGANIZATIONAL STRUCTURE OF THE SUPREME PEOPLE'S COURT

Article 20. Tasks and Powers of the Supreme People's Court

1. The Supreme People's Court is the highest court of the Socialist Republic of Vietnam.

The Supreme People's Court reviews and re-examines judgments and decisions of courts that have taken legal effect according to the provisions of the procedural law.

2. Directs the trial activities of other courts, except where provided by law.

3. Summarizes the practical trial activities of courts, ensuring uniform application of laws in trials.

4. Trains and cultivates Judges, Associate Judges, and other positions within the People's Courts.

5. Manages the organization of People's Courts and Military Courts according to this Law and related laws, ensuring the independence of courts.

6. Submits draft laws and resolutions to the National Assembly; submits draft ordinances and resolutions to the Standing Committee of the National Assembly as prescribed by law.

Article 21. 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;

2. The organization and operation of the Company shall be specifically regulated in the Articles of Association of the Company.

c) Training and cultivation facilities.

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

Article 22. The Supreme People's Court Judicial Council

1. The number of members of the Supreme People's Court Judicial Council is not 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. The Supreme People's Court Judicial Council has the following tasks and powers:

a) Reviewing and re-examining judgments and decisions of courts that have taken legal effect according to the provisions of the procedural law;

b) Issuing resolutions guiding courts to uniformly apply laws;

c) Selecting decisions for review by the Supreme People's Court Judicial Council, judgments and decisions that have taken legal effect, which have exemplary value from courts, summarizing them into precedents and publishing precedents for courts to study and apply in trials;

d) Discussing and providing opinions on the report of the Chief Justice of the Supreme People's Court regarding the work of the People's Courts to submit to the National Assembly and the Standing Committee of the National Assembly;

đ) Participating in discussions and providing opinions on draft laws and resolutions to submit to the National Assembly, draft ordinances and resolutions to submit to the Standing Committee of the National Assembly;

e) Discussing and providing opinions on draft legal documents within the authority of the Chief Justice of the Supreme People's Court and draft legal documents between the Supreme People's Court and relevant agencies as prescribed by the Law on Legal Documents.

3. Sessions of the Supreme People's Court Judicial Council must have at least two-thirds of the total number of members participating; decisions of the Supreme People's Court Judicial Council must be approved by more than half of the total number of members voting in favor.

The Procurator General of the Supreme People's Procuracy and the Minister of Justice are responsible for attending sessions of the Supreme People's Court Judicial Council when discussing and adopting resolutions of the Supreme People's Court Judicial Council.

4. Decisions for review and re-examination by the Supreme People's Court Judicial Council are final decisions and cannot be appealed.

Article 23. The Organization of the Supreme People's Court's Judicial Council for Trial

1. The Supreme People's Court's Judicial Council shall conduct supervisory and retrial trials through a panel of five judges or all judges of the Supreme People's Court.

2. The supervisory and retrial trials conducted by a panel of five judges or all judges of the Supreme People's Court shall be carried out in accordance with the provisions of the civil procedure law.

Article 24. The Administrative Apparatus of the Supreme People's Court

The administrative apparatus of the Supreme People's Court consists of departments and equivalent units. The Chief Justice of the Supreme People's Court shall submit to the National Assembly Standing Committee for approval the organization of the administrative apparatus; the tasks and powers of the units within the administrative apparatus.

Article 25. Training and Capacity Building Institutions of the Supreme People's Court

1. The training and capacity building institutions of the Supreme People's Court have the responsibility to train and develop judges, associate judges, and other positions within the court system.

2. The establishment of training and capacity building institutions of the Supreme People's Court shall be carried out in accordance with the provisions of the law.

Section 2

CHIEF JUSTICE AND ASSOCIATE CHIEF JUSTICE OF THE SUPREME PEOPLE'S COURT

Article 26. The 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 the President of the State.

The term of office of the Chief Justice of the Supreme People's Court is concurrent with that of the National Assembly.

2. When the National Assembly concludes its term, 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 27. Tasks and Powers of the Chief Justice of the Supreme People's Court

1. Organizing the trial work of the Supreme People's Court; being responsible for organizing the implementation of the principle that judges and associate judges exercise their functions independently and only follow the law.

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

3. Submitting objections according to the supervisory and retrial procedures for judgments and decisions that have become legally binding of people's courts in accordance with the provisions of the civil procedure law.

4. Submitting his opinion to the President of the State regarding cases where the convicted person requests a reduction in the death penalty.

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

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

7. Submitting to the National Assembly for approval proposals for the appointment, relief, or removal of Supreme People's Court judges.

8. Appointing, relieving, or removing positions as stipulated in Clause 1 Article 35, Clause 1 Article 36, Clause 1 Article 42, Clause 1 Article 43, Clause 1 Article 47, Clause 1 Article 48, Clause 1 Article 60, Clause 1 Article 61, Clause 1 Article 62, Clause 1 Article 63, Clause 1 Article 64 of this Law and positions within the Supreme People's Court, except those positions within the authority of appointment, relief, or removal of

9. Deciding on the rotation, transfer, or assignment of judges as stipulated in Clause 2 Article 78, Clause 2 Article 79, and Clause 2 Article 80 of this Law, except for Supreme People's Court judges.

10. Submitting to the National Assembly Standing Committee for decision the establishment or dissolution of High People's Courts; Provincial People's Courts directly under central cities; District People's Courts, urban districts, provincial cities, and equivalent courts; Military Regional Courts and equivalent courts; Military Area Courts; territorial jurisdiction regulations of High People's Courts; and the establishment of other specialized courts of the People's Court when deemed necessary.

Submitting to the National Assembly Standing Committee for approval the organizational structure, tasks, and powers of the administrative apparatus of the Supreme People's Court.

11. Deciding on the organization of specialized courts as stipulated in Point b Clause 1 Article 38 and Clause 1 Article 45; defining the organizational structure, tasks, and powers of units within the administrative apparatus of the court system as stipulated in Article 24, Clause 2 Article 34, Clause 2 Article 41, Article 46, Clause 4 Article 51, Clause 3 Article 55, and Clause 3 Article 58 of this Law.

12. Implementing the tasks and powers prescribed in Clause 6 Article 66, Clause 3 and Clause 4 Article 70, Clause 7 Article 75, Clause 4 Article 88, Clause 3 Article 92, and Clause 3 Article 93 of this Law.

13. Deciding on the allocation of personnel quotas, the number of judges, and the budget for the operation of people's courts; defining the personnel quota of military courts after reaching consensus with the Minister of Defense.

14. Organizing inspections of the implementation of personnel quotas, management of cadres, management and use of budgets, and material infrastructure of people's courts.

15. Organizing training and capacity building for judges, associate judges, and other positions within the court system.

16. Being accountable and reporting work to the National Assembly; during periods when the National Assembly is not in session, being accountable and reporting work to the National Assembly Standing Committee and

17. Performing tasks and powers as prescribed by the civil procedure law; resolving other matters as prescribed by law.

Article 28. Deputy President of the Supreme People's Court

1. The Deputy President of the Supreme People's Court shall be appointed by the State President from among the Judges of the Supreme People's Court. The term of office of the Deputy President of the Supreme People's Court is five years, starting from the date of appointment.
The Deputy President of the Supreme People's Court may be relieved of duty or dismissed by the State President.

2. The Deputy President of the Supreme People's Court assists the President in performing tasks as assigned by the President. In the absence of the President, a Deputy President designated by the President shall lead the work of the Court. The Deputy President shall be responsible to the President for the tasks assigned.

3. Perform duties and exercise powers as prescribed by the Code of Civil Procedure.

Chapter III

THE PEOPLE'S COURT OF APPEAL

Section 1

TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE PEOPLE'S COURT OF APPEAL

Article 29. Tasks and Powers of the People's Court of Appeal

1. To hear appeals against judgments and decisions of first-instance people's courts at provincial and centrally-administered municipal levels within its territorial jurisdiction that have not yet taken legal effect according to the provisions of the Code of Civil Procedure.

2. To review judgments and decisions that have taken legal effect of people's courts at provincial and centrally-administered municipal levels, district-level people's courts, and equivalent courts within its territorial jurisdiction according to the provisions of the Code of Civil Procedure.

Article 30. Organizational Structure of the People's Court of Appeal

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

a) The Board of Judges of the People's Court of Appeal;

b) Criminal Division, Civil Division, Administrative Division, Economic Division, Labor Division, Family and Juvenile Division.

In cases of necessity, the Standing Committee of the National Assembly decides to establish specialized divisions upon the proposal of the President of the Supreme People's Court.

c) Administrative support staff.

2. The People's Court of Appeal has a President, Deputy Presidents, Division Heads, Deputy Division Heads, Judges, Judicial Assistants, other civil servants, and employees.

Article 31. The Board of Judges of the People's Court of Appeal

1. The Board of Judges of the People's Court of Appeal consists of the President, Deputy Presidents who are Senior Judges, and some Senior Judges appointed by the President of the Supreme People's Court based on the proposal of the President of the People's Court of Appeal.

The number of members of the Board of Judges of the People's Court of Appeal must be no less than eleven and no more than thirteen.

2. The Board of Judges of the People's Court of Appeal has the following tasks and powers:

a) To review judgments and decisions that have taken legal effect of people's courts at provincial and centrally-administered municipal levels, district-level people's courts, and equivalent courts within its territorial jurisdiction according to the provisions of the Code of Civil Procedure;

b) To discuss and provide opinions on the reports of the President of the People's Court of Appeal regarding the work of the People's Court of Appeal to report to the Supreme People's Court.

3. A meeting of the Board of Judges of the People's Court of Appeal must have at least two-thirds of the total number of members participating; decisions of the Board of Judges must be approved by more than half of the total number of members voting in favor.

Article 32. Organization of Trials by the Board of Judges of the People's Court of Appeal

1. The Board of Judges of the People's Court of Appeal shall conduct supervisory trials and retrials through a panel of three judges or all members of the Board of Judges of the People's Court of Appeal.

2. The supervisory trials and retrials conducted by a panel of three judges or all members of the Board of Judges of the People's Court of Appeal shall be carried out in accordance with the provisions of the Code of Civil Procedure.

Article 33. Duties and Authorities of the Specialized Court of the Provincial People's Court

The specialized court of the provincial people's court shall hear appeals against judgments and decisions of the municipal people's courts under its territorial jurisdiction that have not yet taken legal effect according to the provisions of the procedural law.

Article 34. Administrative Apparatus of the Provincial People's Court

1. The administrative apparatus of the provincial people's court consists of the Office and other units.

2. The President of the Supreme People's Court decides on the establishment and defines the duties and authorities of the Office and other units within the administrative apparatus of the provincial people's court.

Section 2

PRESIDENT AND DEPUTY PRESIDENT OF THE PROVINCIAL PEOPLE'S COURT

Article 35. President of the Provincial People's Court

1. The President of the Provincial People's Court is appointed, relieved of duty, or dismissed by the President of the Supreme People's Court.

The term of office of the President of the Provincial People's Court is five years, starting from the date of appointment.

2. The President of the Provincial People's Court has the following duties and authorities:

a) Organizing the trial work of the Provincial People's Court; responsible for organizing the implementation of the principle that judges and lay assessors exercise their judgment independently and only follow the law;

b) Chairing meetings of the Judicial Council of the Provincial People's Court;

c) Filing cassation and revision protests against judgments and decisions that have taken legal effect of the municipal people's courts, district people's courts, town people's courts, city people's courts under provinces, and equivalent courts within its territorial jurisdiction according to the provisions of the procedural law;

d) Appointing, relieving of duty, or dismissing positions within the Provincial People's Court, except for judges and deputy presidents;

đ) Reporting the work of the Provincial People's Court to the Supreme People's Court;

e) Fulfilling duties and authorities as prescribed by the procedural law; resolving other matters as prescribed by law.

Article 36. Deputy President of the Provincial People's Court

1. The Deputy President of the Provincial People's Court is appointed, relieved of duty, or dismissed by the President of the Supreme People's Court.

The term of office of the Deputy President of the Provincial People's Court is five years, starting from the date of appointment.

2. The Deputy President of the Provincial People's Court assists the President in performing tasks assigned by the President. In the absence of the President, a Deputy President designated by the President shall lead the work of the court. The Deputy President is accountable to the President for the tasks assigned.

3. Perform duties and exercise powers as prescribed by the Code of Civil Procedure.

Chapter IV

PROVINCE AND MUNICIPALITY PEOPLE'S COURTS UNDER THE CENTRAL GOVERNMENT

Section 1

DUTIES, AUTHORITIES, AND ORGANIZATIONAL STRUCTURE OF PROVINCE AND MUNICIPALITY PEOPLE'S COURTS UNDER THE CENTRAL GOVERNMENT

Article 37. Duties and Authorities of the People's Court of Provinces and Municipalities Under the Central Government

1. Conduct first-instance proceedings as prescribed by law.

2. Hear appeals against first-instance judgments and decisions of district people's courts, town people's courts, city people's courts under provinces, and equivalent courts that have not yet taken legal effect according to the provisions of the law.

3. Review judgments and decisions that have taken legal effect of district people's courts, town people's courts, city people's courts under provinces, and equivalent courts when discovering violations of the law or new circumstances according to the provisions of the procedural law, then recommend to the President of the Provincial People's Court, the President of the Supreme People's Court to consider and file protests.

4. Resolve other matters as prescribed by law.

Article 38. Organizational Structure of the People's Court of Provinces and Central-South Cities

1. The organizational structure of the People's Court of Provinces and Central-South Cities includes:

a) The Board of Judges;

b) Criminal Division, Civil Division, Administrative Division, Economic Division, Labor Division, Family and Juvenile Division.

In cases where necessary, the Standing Committee of the National Assembly decides to establish specialized courts as proposed by the President of the Supreme People's Court.

Based on the provisions herein and the actual trial requirements at each People's Court of Provinces and Central-South Cities, the President of the Supreme People's Court decides on the organization of specialized courts;

c) Administrative support staff.

2. The People's Court of Provinces and Central-South Cities shall have a President, Vice Presidents, Division Heads, Deputy Division Heads, Judges, Judicial Assistants, Court Secretaries, other civil servants, and workers.

Article 39. Board of Judges of the People's Court of Provinces and Central-South Cities

1. The Board of Judges of the People's Court of Provinces and Central-South Cities consists of the President, Vice Presidents, and some Judges. 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 Provinces and Central-South Cities.

Meetings of the Board of Judges of the People's Court of Provinces and Central-South Cities are chaired by the President.

2. The Board of Judges of the People's Court of Provinces and Central-South Cities has the following tasks and powers:

a) Discussing the implementation of the work program and plan of the People's Court of Provinces and Central-South Cities;

b) Discussing the report on the work of the President of the People's Court of Provinces and Central-South Cities with the Supreme People's Court and the Provincial People's Councils at the same level;

c) Summarize trial experience;

d) Discussing the recommendations of the President of the People's Court of Provinces and Central-South Cities requesting the President of the Higher People's Court and the President of the Supreme People's Court to review judgments and decisions that have become legally binding according to the cassation and revision procedures upon request of the President.

Article 40. Tasks and Powers of Specialized Courts of the People's Court of Provinces and Central-South Cities

1. Conduct first-instance proceedings for cases as prescribed by law;

2. Conduct second-instance proceedings for cases where the first-instance judgments and decisions of the People's Court of Districts, Urban Districts, Towns, and Cities under Provinces and equivalent entities have not yet taken effect and are appealed or protested according to the law on civil procedure.

Article 41. Administrative Support System of the People's Court of Provinces and Central-South Cities

1. The administrative support system of the People's Court of Provinces and Central-South Cities includes the Office, Departments, and equivalent units.

2. The President of the Supreme People's Court decides to establish and define the tasks and powers of the Office, Departments, and equivalent units within the administrative support system of the People's Court of Provinces and Central-South Cities.

Section 2

PRESIDENTS AND VICE-PRESIDENTS OF THE PEOPLE'S COURT OF PROVINCES AND CENTRAL-SOUTH CITIES

Article 42. President of the People's Court of Provinces and Central-South Cities

1. The President of the People's Court of Provinces and Central-South Cities is appointed, relieved of duty, or dismissed by the President of the Supreme People's Court.

The term of office of the President of the People's Court of Provinces and Central-South Cities is five years, starting from the date of appointment.

2. The President of the People's Court of Provinces and Central-South Cities has the following tasks and powers:

a) Organizing the adjudication work of the People's Court of Provinces and Central-South Cities; being responsible for organizing the implementation of the principle that judges and lay judges exercise their functions independently and only follow the law;

b) Appointing, relieving of duty, or dismissing positions within the People's Court of Provinces and Central-South Cities, the People's Court of Districts, Urban Districts, Towns, and Cities under Provinces and equivalent entities, except for judges and vice-presidents;

c) Deciding on the transfer, rotation, and special assignment of judges as stipulated in Clause 3, Article 78, Clause 3, Article 79, and Clause 3, Article 80 of this Law;

d) Organizing professional training for judges, lay judges, and other positions within his court and the People's Court of Districts, Urban Districts, Towns, and Cities under Provinces and equivalent entities;

đ) Reporting work to the Provincial People's Councils and the Supreme People's Court;

e) Recommending the President of the Higher People's Court and the President of the Supreme People's Court to review and protest judgments and decisions that have become legally binding according to the cassation and revision procedures;

g) Performing tasks and powers as prescribed by the law on civil procedure; resolving other matters as prescribed by law.

Article 43. Deputy Chief Judge of the People's Court of the province and centrally governed city

1. The Deputy Chief Judge of the People's Court of the province and centrally governed city shall be appointed, relieved, or dismissed by the Chief Judge of the Supreme People's Court.

The term of office for the Deputy Chief Judge of the People's Court of the province and centrally governed city is five years, starting from the date of appointment.

2. The Deputy Chief Judge of the People's Court of the province and centrally governed city assists the Chief Judge in performing tasks according to the assignment of the Chief Judge. In the absence of the Chief Judge, a Deputy Chief Judge designated by the Chief Judge shall lead the court's work. The Deputy Chief Judge is responsible to the Chief Judge for the assigned tasks.

3. Perform duties and exercise powers as prescribed by the Code of Civil Procedure.

Chapter V

PEOPLE'S COURTS OF THE DISTRICT, CITY QUARTER, TOWN, AND CITY UNDER PROVINCE AND EQUIVALENTS

Section 1

TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE PEOPLE'S COURT OF THE DISTRICT, CITY QUARTER, TOWN, AND CITY UNDER PROVINCE AND EQUIVALENTS

Article 44. Tasks and powers of the People's Court of the district, city quarter, town, and city under province and equivalents

1. Conduct first-instance proceedings as prescribed by law.

2. Resolve other matters as prescribed by law.

Article 45. Organizational structure of the People's Court of the district, city quarter, town, and city under province and equivalents

1. The People's Court of the district, city quarter, town, and city under province and equivalents may have Criminal Division, Civil Division, Family and Juvenile Division, Administrative Division. In case of necessity, the Standing Committee of the National Assembly decides to establish specialized divisions as proposed by the Chief Judge of the Supreme People's Court.

Based on the provisions of this clause and the requirements and actual trial conditions at each People's Court of the district, city quarter, town, and city under province and equivalents, the Chief Judge of the Supreme People's Court decides on the establishment of specialized divisions.

2. Supporting apparatus.

3. The People's Court of the district, city quarter, town, and city under province and equivalents has a Chief Judge, Deputy Chief Judge, Division Chief, Deputy Division Chief, Judge, Clerk of the Court, Enforcement Reviewer, other civil servants, and workers.

Article 46. Tasks and powers of the supporting apparatus of the People's Court of the district, city quarter, town, and city under province and equivalents

The Chief Judge of the Supreme People's Court decides to establish and define the tasks and powers of the supporting apparatus of the People's Court of the district, city quarter, town, and city under province and equivalents.

Section 2

CHIEF JUDGE AND DEPUTY CHIEF JUDGE OF THE PEOPLE'S COURT OF THE DISTRICT, CITY QUARTER, TOWN, AND CITY UNDER PROVINCE AND EQUIVALENTS

Article 47. Chief Judge of the People's Court of the district, city quarter, town, and city under province and equivalents

1. The Chief Judge of the People's Court of the district, city quarter, town, and city under province and equivalents shall be appointed, relieved, or dismissed by the Chief Judge of the Supreme People's Court.

The term of office for the Chief Judge of the People's Court of the district, city quarter, town, and city under province and equivalents is five years, starting from the date of appointment.

2. The Chief Judge of the People's Court of the district, city quarter, town, and city under province and equivalents shall perform the following tasks and powers:

a) Organize the adjudication work of the People's Court of the district, city quarter, town, and city under province and equivalents; bear responsibility for organizing the implementation of the principle that Judges and Lay Assessors adjudicate independently and only follow the law;

b) Report work to the competent People's Council as prescribed by law and the People's Court of the province and centrally governed city;

c) Perform tasks and powers as prescribed by the procedural law; resolve other matters as prescribed by law.

Article 48. Deputy Chief Judge of the People's Court at the district, city district, provincial city level and equivalent

1. The Deputy Chief Judge of the People's Court at the district, city district, provincial city level and equivalent shall be appointed, relieved, or dismissed by the Chief Judge of the Supreme People's Court.

The term of office for the Deputy Chief Judge of the People's Court at the district, city district, provincial city level and equivalent is five years, starting from the date of appointment.

2. The Deputy Chief Judge of the People's Court at the district, city district, provincial city level and equivalent assists the Chief Judge in performing tasks according to the assignment of the Chief Judge. In the absence of the Chief Judge, a Deputy Chief Judge designated by the Chief Judge shall lead the work of the court. The Deputy Chief Judge is responsible to the Chief Judge for the assigned tasks.

3. Perform duties and exercise powers as prescribed by the Code of Civil Procedure.

Chapter VI

MILITARY COURTS

Section 1

TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MILITARY COURT

Article 49. Tasks and powers of the Military Court

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

Article 50. Organization of the Military Court

1. Central Military Court.

2. Military Court of Military Region and equivalent.

3. Military Court of Military Zone.

Article 51. Tasks, Powers, and Organizational Structure of the Central Military Court

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

a) To review on appeal cases where the decisions of the Military Court of Military Region and equivalent have not yet taken legal effect and are subject to appeal or protest as provided by the Criminal Procedure Code;

b) To conduct supervisory review and retrial of judgments and decisions that have taken legal effect of the Military Court of Military Region and equivalent, Military Court of Military Zone, which are subject to protest as provided by the Criminal Procedure Code.

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

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

b) The Appeals Division of the Central Military Court;

c) Administrative support staff.

3. The Central Military Court has a Chief Judge, Deputy Chief Judges, Division Heads, Deputy Division Heads, Judges, Judicial Assistants, Court Secretaries, civil servants, and workers.

4. The Chief Judge of the Supreme People's Court decides to establish and define the tasks and powers of the support staff within the Central Military Court after reaching consensus with the Minister of National Defense.

Article 52. Board of Judges of the Central Military Court

1. The Board of Judges of the Central Military Court consists of the Chief Judge, Deputy Chief Judges who are Senior Judges, and some Senior Judges decided by the Chief Judge of the Supreme People's Court based on the proposal of the Chief Judge of the Central Military Court.

The total number of members of the Board of Judges of the Central Military Court does not exceed seven people.

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

a) To conduct supervisory review and retrial of judgments and decisions that have taken legal effect of the Military Court of Military Region and equivalent, Military Court of Military Zone, which are subject to protest as provided by the Criminal Procedure Code;

b) To discuss and provide comments on the report of the Chief Judge of the Central Military Court regarding the work of the Military Courts to report to the Chief Judge of the Supreme People's Court and the Minister of National Defense.

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 voting in favor.

Article 53. The Organization of the Trial by the Military Supreme Court Judges Committee.

The Military Supreme Court Judges Committee shall organize trials in accordance with the provisions of Article 32 of this Law.

Article 54. Duties and Powers of the Military Central Appeals Court.

1. To hear appeals against judgments and decisions of military regional courts and equivalent courts that have not yet taken legal effect, in accordance with the Criminal Procedure Code.

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

Article 55. Organizational Structure of Military Regional Courts and Equivalent Courts.

1. The organizational structure of military regional courts and equivalent courts includes:

a) The Board of Judges;

b) Administrative support staff.

2. Military regional courts and equivalent courts shall have Chief Judge, Deputy Chief Judge, Judge, Judicial Examiner, Clerk of Court, other civil servants, and workers.

3. The Chief Justice of the Supreme People's Court shall decide on the establishment and define the duties and powers of the administrative apparatus within military regional courts and equivalent courts after reaching agreement with the Minister of National Defense.

Article 56. Duties and Powers of Military Regional Courts and Equivalent Courts.

1. To conduct first-instance proceedings in accordance with the Criminal Procedure Code.

2. To hear appeals against criminal judgments and decisions of military area courts that have not yet taken legal effect, in accordance with the Criminal Procedure Code.

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

Article 57. Military Regional Court Judges Committee and Equivalent Courts.

1. The Military Regional Court Judges Committee and Equivalent Courts shall consist of the Chief Judge, Deputy Chief Judge, and some Judges. The number of members of the Judges Committee shall be 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.

Meetings of the Military Regional Court Judges Committee and Equivalent Courts shall be chaired by the Chief Judge.

2. The Military Regional Court Judges Committee and Equivalent Courts shall have the following duties and powers:

a) To discuss the implementation of the work program and plan of the military regional court and equivalent courts;

b) To discuss the report on the work of the Chief Judge of the military regional court and equivalent courts to the Supreme People's Court and the Ministry of National Defense;

c) Summarize trial experience;

d) To discuss the recommendations of the Chief Judge of the military regional court and equivalent courts requesting the Chief Judge of the Military Central Court to review judgments and decisions that have taken legal effect through the cassation and retrial procedures at the request of the Chief Judge.

Article 58. Duties, Powers, and Organizational Structure of Military Area Courts.

1. Military area courts shall have the following duties and powers:

a) To conduct first-instance proceedings in accordance with the Criminal Procedure Code;

b) To perform other duties and powers as prescribed by law.

2. Military area courts shall have Chief Judge, Deputy Chief Judge, Judge, Clerk of Court, other civil servants, and workers.

3. The Chief Justice of the Supreme People's Court shall decide on the establishment and define the duties and powers of the administrative apparatus within military area courts after reaching agreement with the Minister of National Defense.

Section 2

CHIEF JUDGE, DEPUTY CHIEF JUDGE OF MILITARY COURTS

Article 59. Chief Judge of the Military Central Court.

1. The Chief Judge of the Military Central Court is a Deputy Chief Justice of the Supreme People's Court appointed by

2. The Chief Judge of the Military Central Court shall have the following duties and powers:

a) To organize the trial work of the Military Central Court; to be responsible for organizing the implementation of the principle that judges and lay assessors exercise their functions independently and only follow the law;

b) To chair meetings of the Military Central Court Judges Committee;

c) To lodge appeals against judgments and decisions of military regional courts and equivalent courts, and military area courts that have taken legal effect, in accordance with the Criminal Procedure Code;

d) To organize the inspection of the work of military regional courts and equivalent courts, and military area courts;

đ) To organize professional training for military judges, lay assessors, judicial examiners, and clerks of court in military courts;

e) To report on the work of the Military Central Court to the Chief Justice of the Supreme People's Court and the Minister of National Defense;

g) To appoint, dismiss, and remove from office positions within military courts, except for judges, chief judges, and deputy chief judges;

h) To perform duties and powers as prescribed by the Criminal Procedure Code; to resolve other matters as prescribed by law.

Article 60. Deputy President of the Central Military Court

1. The Deputy President of the Central Military Court shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court after consultation with the Minister of National Defense.

The term of office for the Deputy President of the Central Military Court is five years, starting from the date of appointment.

2. The Deputy President of the Central Military Court assists the President in performing tasks assigned 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 shall be accountable to the President for the tasks assigned.

3. Perform duties and exercise powers as prescribed by the Criminal Procedure Code.

Article 61. President of the Military Court of Military Region and Equivalent

1. The President of the Military Court of Military Region and Equivalent shall be appointed, relieved of duty, or dismissed 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 Court of Military Region and Equivalent is five years, starting from the date of appointment.

2. The President of the Military Court of Military Region and Equivalent shall have the following responsibilities and powers:

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

b) Report on the work of the Military Court of Military Region and Equivalent and the Military Regional Court to the President of the Central Military Court and the Commander of the Military Region and Equivalent;

c) Perform duties and exercise powers as prescribed by the Criminal Procedure Code; resolve other matters as prescribed by law.

Article 62. Deputy President of the Military Court of Military Region and Equivalent

1. The Deputy President of the Military Court of Military Region and Equivalent shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court after consultation with the Minister of National Defense.

The term of office for the Deputy President of the Military Court of Military Region and Equivalent is five years, starting from the date of appointment.

2. The Deputy President of the Military Court of Military Region and Equivalent assists the President in performing tasks assigned 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 shall be accountable to the President for the tasks assigned.

3. Perform duties and exercise powers as prescribed by the Criminal Procedure Code.

Article 63. President of the Military Regional Court

1. The President of the Military Regional Court shall be appointed, relieved of duty, or dismissed 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, starting from the date of appointment.

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

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

b) Report on the work of the Military Regional Court to the President of the Military Court of Military Region and Equivalent;

c) Perform duties and exercise powers as prescribed by the Criminal Procedure Code; resolve other matters as prescribed by law.

Article 64. Deputy President of the Military Regional Court

1. The Deputy President of the Military Regional Court shall be appointed, relieved of duty, or dismissed by the President of the Supreme People's Court after consultation with the Minister of National Defense.

The term of office for the Deputy President of the Military Regional Court is five years, starting from the date of appointment.

2. The Deputy President of the Military Regional Court assists the President in performing tasks assigned 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 shall be accountable to the President for the tasks assigned.

3. Perform duties and exercise powers as prescribed by the Criminal Procedure Code.

Chapter VII

JUDGES

Article 65. Duties and Powers of Judges

1. A Judge is a person who meets the conditions and standards as prescribed by this Law.

2. The Judge performs the duties and powers stipulated in Article 2 of this Law and related laws.

Article 66. Ranks of Judges

1. Judges of the People's Court include:

a) Judges of the Supreme People's Court;

b) Senior Judges;

c) Intermediate Judges;

d) Junior Judges.

2. The Supreme People's Court has Judges as specified in point a, Clause 1 of this Article.

3. The High People's Courts, Central Military Court have Judges as specified in point b, Clause 1 of this Article.

4. Provincial People's Courts, People's Courts under the direct jurisdiction of the central government, Military Region People's Courts and equivalent courts have Judges as specified in points b, c and d, Clause 1 of this Article.

5. District People's Courts, Urban District People's Courts, Town People's Courts, People's Courts of cities under provincial jurisdiction and equivalent courts, Regional Military Courts have Judges as specified in points c and d, Clause 1 of this Article.

6. The number of Senior Judges, Intermediate Judges, Junior Judges and the ratio of each rank of Judges at each level of court shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

Article 67. Standards for Judges

1. Being a Vietnamese citizen, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having good moral qualities, firm political resolve, courage and determination to protect justice, integrity and honesty.

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

3. Having been trained in adjudication procedures.

4. Having experience working in practical legal work.

5. Having health sufficient to fulfill assigned tasks.

Article 68. Conditions for Appointment of Junior Judges, Intermediate Judges, and Senior Judges

1. A person meeting the standards set out in Article 67 of this Law and satisfying the following conditions may be selected and appointed as a Junior Judge; if they are an active military officer, they may be selected and appointed as a Junior Judge in the Military Court:

a) Having worked in legal work for five years or more;

b) Having the ability to adjudicate cases and handle other matters within the jurisdiction of the court as prescribed by procedural law;

c) Having passed the examination for selection of Junior Judges.

2. A person meeting the standards set out in Article 67 of this Law and satisfying the following conditions may be selected and appointed as an Intermediate Judge; if they are an active military officer, they may be selected and appointed as an Intermediate Judge in the Military Court.

a) Already being a Junior Judge for five years or more;

b) Having the ability to adjudicate cases and handle other matters within the jurisdiction of the court as prescribed by procedural law;

c) Having passed the examination for promotion to Intermediate Judge.

3. In case of the need for personnel in the People's Court, a person not yet a Junior Judge but meeting the standards and conditions below may be selected and appointed as an Intermediate Judge; if they are an active military officer, they may be selected and appointed as an Intermediate Judge in the Military Court:

a) Meeting the standards prescribed in Clauses 1, 2, 3 and 5 of Article 67 of this Law;

b) Having worked in legal work for thirteen years or more;

c) Having the ability to adjudicate cases and handle other matters within the jurisdiction of the court as prescribed by procedural law;

d) Having passed the examination for selection into the Intermediate Judge rank.

4. A person meeting the standards set out in Article 67 of this Law and satisfying the following conditions may be selected and appointed as a Senior Judge; if they are an active military officer, they may be selected and appointed as a Senior Judge in the Military Court:

a) Already being an Intermediate Judge for five years or more;

b) Having the ability to adjudicate cases and handle other matters within the jurisdiction of the High Court, Central Military Court as prescribed by procedural law;

c) Having passed the examination for promotion to Senior Judge.

5. In case of the need for personnel in the People's Court, a person not yet an Intermediate Judge but meeting the standards and conditions below may be selected and appointed as a Senior Judge; if they are an active military officer, they may be selected and appointed as a Senior Judge in the Military Court:

a) Meeting the standards prescribed in Clauses 1, 2, 3 and 5 of Article 67 of this Law;

b) Having worked in legal work for eighteen years or more;

c) Having the ability to adjudicate cases and handle other matters within the jurisdiction of the High Court, Central Military Court as prescribed by procedural law;

d) Having passed the examination for selection into the Senior Judge rank.

6. In special circumstances, a person transferred by an authorized agency or organization to assume leadership positions in High People's Courts, Provincial People's Courts, People's Courts under the direct jurisdiction of the central government, District People's Courts, Urban District People's Courts, Town People's Courts, People's Courts of cities under provincial jurisdiction and equivalent courts, although not having the required time working in legal work, but meeting the standards prescribed in Article 67 of this Law and the conditions prescribed in point b, Clause 1, point b, Clause 2, point c, Clause 3, point b, Clause 4 of this Article, may be selected and appointed as Junior Judges, Intermediate Judges, Senior Judges; if that person is an active military officer, they may be selected and appointed as Junior Judges, Intermediate Judges, Senior Judges in Military Courts.

Article 69. Conditions for Appointment to the Supreme People's Court Judge Position

1. A person who meets the criteria set forth in Article 67 of this Law and satisfies the following conditions may be selected and appointed as a Supreme People's Court Judge:

a) Has been a Senior Judge for at least five years;

b) Possesses the ability to adjudicate cases and handle other matters within the jurisdiction of the Supreme People's Court as prescribed by the procedural law.

2. A person not working at any court but holding an important position in central agencies or organizations, deeply understanding politics, law, economy, culture, society, security, defense, diplomacy, or being a leading expert or scientist in the field of law, holding an important position in agencies or organizations and having high prestige in society, possessing the ability to adjudicate cases and handle other matters within the jurisdiction of the Supreme People's Court as prescribed by the procedural law may also be selected and appointed as a Supreme People's Court Judge.

Article 70. National Selection and Supervision Council for Judges

1. The National Selection and Supervision Council for Judges consists of the President of the Supreme People's Court, one Vice-President of the Supreme People's Court, the President of the Central Military Court, the Presidents of the Higher People's Courts, one representative from the leadership of the Vietnam Fatherland Front Central Committee, and the Office.

2. The President of the Supreme People's Court is the Chairman of the National Selection and Supervision Council for Judges.

3. The list of members of the National Selection and Supervision Council for Judges shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

4. The operational regulations of the National Selection and Supervision Council for Judges shall be stipulated by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

Article 71. Duties and Powers of the National Selection and Supervision Council for Judges

1. Examining and selecting persons meeting the criteria and conditions to become judges as prescribed by this Law to propose to the President of the Supreme People's Court:

a) Submitting to the National Assembly for approval of the proposal to appoint Supreme People's Court Judges;

b) Submitting to the State President for decision on the appointment of judges in other courts.

2. Examining the removal or dismissal of judges according to the provisions of this Law to propose to the President of the Supreme People's Court:

a) Submitting to the National Assembly for approval of the proposal to remove or dismiss Supreme People's Court Judges;

b) Submitting to the State President for decision on the removal or dismissal of judges in other courts.

3. Supervising the performance of duties, powers, professional ethics, conduct rules, and lifestyle of judges.

Article 72. 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 of 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 shall be sent to the Standing Committee of the National Assembly for examination and presentation at the nearest session of the National Assembly.

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

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

5. Based on the Resolution of the National Assembly,

Article 73. Examination Board for Selecting Primary, Intermediate, and Senior Judges

1. The Examination Board for Selecting Primary, Intermediate, and Senior Judges shall consist of the President of the Supreme People's Court as Chairperson; one Vice-President of the Supreme People's Court, and 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 Primary, Intermediate, and Senior Judges shall be decided by the President of the Supreme People's Court.

2. The Examination Board for Selecting Primary, Intermediate, and Senior Judges shall have the following duties and powers:

a) Organizing the examination to select Primary Judges;

b) Organizing the examination to promote from Primary Judge to Intermediate Judge, and from Intermediate Judge to Senior Judge;

c) Organizing the examination to select Intermediate Judges and Senior Judges for cases specified in Clause 3 and Clause 5 of Article 68 of this Law;

d) Announcing the list of successful candidates.

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

Article 74. Term of Office for Judges

The initial term of office for Judges is five years; in cases of reappointment or appointment to another Judge rank, the subsequent term is ten years.

Article 75. Remuneration and Policies for Judges

1. The State has preferential policies regarding salary and allowances for Judges.

2. Judges shall be provided with uniforms and Judge identification cards for their duties.

3. Judges shall be guaranteed respect for their honor and reputation; they shall be protected when performing their duties and in necessary circumstances.

4. Judges shall be trained and developed to enhance their qualifications and court expertise.

5. Any acts hindering, threatening, or infringing upon the life, health, honor, or dignity of Judges and their family members are strictly prohibited.

6. Judges shall be honored and rewarded according to the provisions of laws on commendation and rewards.

7. The remuneration system, allowance, uniform model, issuance, and use of uniforms, and Judge identification cards shall be regulated by the Standing Committee of the National Assembly based on the proposal of the President of the Supreme People's Court.

Article 76. Responsibilities of Judges

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

2. Respect for the people, diligent service to the people, close ties with the people, listening to opinions, and accepting supervision by the people.

3. Independence, impartiality, objectivity, protection of justice in adjudication; compliance with judicial conduct rules and ethics, maintaining the prestige of the court.

4. Keeping state secrets and work-related secrets in accordance with the provisions of the law.

5. Studying and researching to improve knowledge, political level, and professional expertise in court affairs.

6. Being responsible before the law for the performance of duties, powers, and decisions made; if there are violations of the law, depending on the nature and severity of the violation, they will be subject to disciplinary action or criminal prosecution according to the law. If a Judge causes damage while performing their duties and powers, the court where the Judge performs the adjudication shall bear responsibility for compensation, and the Judge who caused the damage shall be responsible for compensating the court according to the law.

Article 77. Matters that Judges shall not perform

1. Matters prescribed by law that civil servants shall not perform.

2. Advising the accused, defendant, parties involved, or other persons participating in proceedings to act in a manner inconsistent with the provisions of the law in resolving cases or other matters.

3. Illegally intervening in the resolution of cases or taking advantage of their influence to affect those responsible for resolving cases.

4. Removing case files or documents within case files from the agency unless it is for assigned tasks or with the consent of authorized persons.

5. Meeting with defendants, parties involved, or other persons participating in proceedings under their jurisdiction at places not designated by regulations.

Article 78. Transfer of Judges

1. The transfer of Judges is carried out to ensure that courts fulfill their adjudication duties.

2. The Chief Justice of the Supreme People's Court decides to transfer Judges from this court to another court outside the territorial jurisdiction or outside the same province or centrally administered city.

3. The Chief Justice of the Provincial People's Court or the Chief Justice of the Central City People's Court decides to transfer Judges from this court to another court within the territorial jurisdiction.

4. The Minister of National Defense decides to transfer Judges from this military court to another military court after reaching agreement with the Chief Justice of the Supreme People's Court.

Article 79. Rotation of Judges

1. The rotation of Judges holding leadership and management positions in courts is carried out to meet the requirements of tasks and cadre planning.

2. The Chief Justice of the Supreme People's Court decides to rotate Judges from this court to another court outside the territorial jurisdiction or outside the same province or centrally administered city.

3. The Chief Justice of the Provincial People's Court or the Chief Justice of the Central City People's Court decides to rotate Judges from this court to another court within the territorial jurisdiction.

4. The Minister of National Defense decides to rotate Judges from this military court to another military court after reaching agreement with the Chief Justice of the Supreme People's Court.

Article 80. Detachment of Judges

1. The detachment of Judges is carried out to ensure that courts fulfill their adjudicative functions and responsibilities.

2. The Chief Justice of the Supreme People's Court decides to detach Judges from this court to serve temporarily at another court outside the territorial jurisdiction or outside the same province or centrally administered city.

3. The Chief Justice of the Provincial People's Court or the Chief Justice of the Central City People's Court decides to detach Judges from this court to serve temporarily at another court within the territorial jurisdiction.

4. The Minister of National Defense decides to detach Judges from this military court to serve temporarily at another military court.

5. The period of Judge detachment stipulated in Clauses 2, 3, and 4 of this Article shall not exceed three years.

Article 81. Dismissal of Judges

1. A Judge shall be automatically dismissed upon retirement, resignation, or transfer to another position.

2. A Judge may be dismissed due to health reasons, family circumstances, or other reasons deemed to prevent the completion of assigned tasks.

Article 82. Removal from Office of Judges

1. A Judge shall be automatically removed from office when convicted by a court judgment that has become legally binding.

2. Depending on the nature and severity of the violation, a Judge may be removed from office if they fall under any of the following circumstances:

a) Violation in adjudication work or resolution of matters within the jurisdiction of the Court;

b) Violation as stipulated in Article 77 of this Law;

c) Violation of moral character;

d) Violation of judicial conduct and professional ethics.

đ) Committing other violations of the law.

Article 83. Procedures for Dismissal and Removal from Office of Judges

1. The National Selection and Supervision Council for Judges shall review cases of dismissal and removal from office of Judges based on the proposal of the Chief Justice of the Supreme People's Court.

2. The approval, dismissal, and removal from office of Judges of the Supreme People's Court shall be carried out in accordance with the provisions of Article 72 of this Law.

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

Chapter VIII

JURY

Article 84. Duties and Powers of Jurors

1. The People's Court Jury consists of:

a) Citizen Jurors;

b) Military Jurors.

2. Citizen Jurors shall perform the duty of adjudicating cases within the jurisdiction of the People's Court as assigned by the Chief Justice of the Court where they were elected as Citizen Jurors.

3. Military Jurors shall perform the duty of adjudicating cases within the jurisdiction of the Military Court as assigned by the Chief Justice of the Court where they were appointed as Military Jurors.

4. Jurors have the obligation to fulfill the assignment of the Chief Justice of the Court; in case they cannot fulfill it, they must clearly state the reason.

5. If a Juror does not receive an assignment to adjudicate cases for one year, they have the right to request the Chief Justice of the Court to provide the reason.

Article 85. Criteria for Jurors

1. Being a Vietnamese citizen, loyal to the country and the Constitution of the Socialist Republic of Vietnam, having good moral character, firm political conviction, high reputation in the community, courageous and resolute in defending justice, honest and truthful.

2. Having knowledge of the law.

3. Understanding society.

4. Having health sufficient to complete assigned tasks.

Article 86. Procedures for Election, Appointment, Dismissal, and Removal of Jurors

1. Provincial People's Courts, municipal People's Courts directly under the central government, district People's Courts, county People's Courts, town People's Courts, city People's Courts under provinces and equivalent courts propose the number and structure of jurors to the Vietnam Fatherland Front Committee at the same level for selection and recommendation of individuals meeting the criteria set forth in Article 85 of this Law to the People's Council with authority as prescribed by law to elect Citizen Jurors;

After reaching consensus with the Vietnam Fatherland Front Committee at the same level, the Chief Justice of the People's Court proposes to the People's Council to dismiss or remove Citizen Jurors.

2. Military Jurors of Military District Courts and equivalent courts are appointed by the Director of the Political Bureau of the Vietnam People's Army based on recommendations from the political organs of military districts, corps, services, departments, or equivalent levels.

After reaching consensus with the political organs of military districts, corps, services, departments, or equivalent levels, the Chief Justice of the Military District Court and equivalent courts proposes to the Director of the Political Bureau of the Vietnam People's Army to dismiss or remove Military Jurors of Military District Courts and equivalent courts.

3. Military Jurors of Regional Military Courts are appointed by the Political Commissar of military districts, corps, services, departments, or equivalent levels based on recommendations from the political organs of divisions or equivalent levels.

After reaching consensus with the political organs of divisions or equivalent levels, the Chief Justice of the Regional Military Court proposes to the Political Commissar of military districts, corps, services, departments, or equivalent levels to dismiss or remove Military Jurors of Regional Military Courts.

Article 87. Term of Office of the People's Appraiser

1. The term of office of the People's Appraiser is the same as that of the People's Council which elected the People's Appraiser.

When the term of the People's Council expires, the People's Appraiser continues to perform their duties until the new term of the People's Council elects a new People's Appraiser.

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

Article 88. System and Policy for the People's Appraiser

1. The People's Appraiser shall be trained and provided with professional development, participate in court work summary conferences.

Training and professional development expenses for the People's Appraiser are included in the budget of the Court's operational expenses, with support from local budgets as prescribed by law.

2. If the People's Appraiser is a civil servant, public official, military personnel on active duty, or defense industry worker, the time spent as a People's Appraiser counts towards their working time at their respective agencies or units.

3. The People's Appraiser may be honored and awarded according to the regulations on commendation and reward.

4. The People's Appraiser shall receive case handling allowances, be provided with uniforms, and Appraiser Identification Cards for performing judicial duties.

The system of case handling allowances, uniform models, distribution and use of uniforms, and Appraiser Identification Cards shall be regulated by the Standing Committee of the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court.

Article 89. Responsibilities of the People's Appraiser

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

2. Participate in trials as assigned by the Chief Justice of the Court without refusal, except for valid reasons or as stipulated by procedural laws.

3. Act independently, impartially, and objectively in trials, contributing to protecting justice, human rights, citizens' rights, the socialist regime, state interests, and legitimate and reasonable rights and interests of organizations and individuals.

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

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

6. Actively study to enhance legal knowledge and trial skills.

7. Adhere to internal rules and regulations of the Court.

8. Be accountable under the law for the performance of their duties and powers; if they violate the law, they will be disciplined or criminally prosecuted depending on the nature and severity of the violation as prescribed by law.

If the People's Appraiser causes damage while performing their duties and powers, the Court where the Appraiser performs the trial must bear responsibility for compensation, and the Appraiser who caused the damage must compensate the Court according to the law.

Article 90. Conditions for Resignation and Removal of the People's Appraiser

1. The People's Appraiser may resign due to health reasons or other valid reasons.

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

Article 91. People's Appraiser Group; Responsibilities of State Agencies, Organizations, and Armed Forces Units towards the People's Appraiser

1. The People's Appraiser may be organized into a People's Appraiser Group.

The Vietnam Fatherland Front Central Committee shall take the lead in coordinating with the Ministry of Home Affairs 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 Appraiser Group.

2. The Chief Justice of the Provincial People's Court, the People's Court of a centrally-administered city, the People's Court of a district, town, or city under a province, the Military Regional Court, and equivalent courts shall assign the People's Appraiser to participate in trials, ensuring compliance with the requirements of the case.

3. State agencies, organizations, and armed forces units with personnel elected or appointed as People's Appraisers have the responsibility to create conditions for the People's Appraiser to perform their duties.

4. During the period when the People's Appraiser performs their duties as assigned by the Chief Justice of the Court, the state agency, organization, or armed forces unit with the People's Appraiser shall not reassign them to other tasks, except in special cases and must inform the Chief Justice of the Court.

Chapter IX

COURT SECRETARY, INVESTIGATOR

Article 92. Court Clerk

1. A Court Clerk is a person with a bachelor's degree in law or higher who is recruited by the Court, trained in Court Clerk duties, and appointed to the Court Clerk rank.

The Court Clerk ranks include:

a) Clerk;

b) Senior Clerk;

c) Senior High Clerk.

The criteria, conditions, and promotion examinations for Court Clerks are stipulated by the Chief Justice of the Supreme People's Court.

2. The Supreme People's Court, Higher People's Court, Central Military Court, Provincial People's Court, People's Court under the direct jurisdiction of the central government, Military Regional Court, and equivalent courts have the Court Clerk ranks specified in Clause 1 of this Article.

District People's Court, Urban District People's Court, Town People's Court, People's Court of a city under the province's jurisdiction, and equivalent courts, Military Area Court have the Court Clerk ranks specified at point a and point b of Clause 1 of this Article.

3. The Chief Justice of the Supreme People's Court appoints to the Court Clerk ranks at the Supreme People's Court and appoints to the Senior High Clerk rank at the Higher People's Court, Central Military Court, Provincial People's Court, People's Court under the direct jurisdiction of the central government, Military Regional Court, and equivalent courts.

The Chief Justice of the Higher People's Court, Central Military Court appoints to the Clerk and Senior Clerk ranks at the Higher People's Court, Central Military Court.

The Chief Justice of the Provincial People's Court, People's Court under the direct jurisdiction of the central government appoints to the Clerk and Senior Clerk ranks at the Provincial People's Court, People's Court under the direct jurisdiction of the central government, and at the District People's Court, Urban District People's Court, Town People's Court, People's Court of a city under the province's jurisdiction, and equivalent courts.

The Chief Justice of the Military Regional Court and equivalent courts appoints to the Clerk and Senior Clerk ranks at the Military Regional Court and equivalent courts, Military Area Court.

4. The Court Clerk has the following duties and powers:

a) Serve as a court clerk during court sessions and conduct litigation activities as prescribed by the procedural law;

b) Perform administrative, judicial tasks, and other tasks assigned by the Chief Justice of the Court.

5. The Court Clerk is responsible before the law and before the Chief Justice of the Court for the performance of their duties and powers.

Article 93. Examiner

1. An Examiner is a specialized civil servant of the Court who has served as a Court Clerk for five years or more, trained in Examiner duties, and appointed to the Examiner rank.

Examiners have the following ranks:

a) Examiner;

b) Senior Examiner;

c) Senior High Examiner.

The criteria, conditions, and promotion examinations for Examiners are stipulated by the Chief Justice of the Supreme People's Court.

2. The Supreme People's Court, Higher People's Court, Central Military Court have the Examiner ranks specified in Clause 1 of this Article.

Provincial People's Court, People's Court under the direct jurisdiction of the central government, Military Regional Court, and equivalent courts, District People's Court, Urban District People's Court, Town People's Court, People's Court of a city under the province's jurisdiction, and equivalent courts, Military Area Court have the Examiner ranks specified at point a and point b of Clause 1 of this Article.

3. The Chief Justice of the Supreme People's Court appoints to the Examiner ranks at the Supreme People's Court and appoints to the Senior High Examiner rank at the Higher People's Court, Central Military Court.

The Chief Justice of the Higher People's Court, Chief Justice of the Central Military Court appoints to the Examiner and Senior Examiner ranks at the Higher People's Court, Central Military Court.

The Chief Justice of the Provincial People's Court, People's Court under the direct jurisdiction of the central government appoints to the Examiner and Senior Examiner ranks at the Provincial People's Court, People's Court under the direct jurisdiction of the central government, and at the District People's Court, Urban District People's Court, Town People's Court, People's Court of a city under the province's jurisdiction, and equivalent courts.

The Chief Justice of the Military Regional Court and equivalent courts appoints to the Examiner and Senior Examiner ranks at the Military Regional Court and equivalent courts, Military Area Court.

4. The Examiner has the following duties and powers:

a) Review case files of cases where judgments and decisions of the Court have become legally binding according to the assignment of the Chief Justice of the Court;

b) Conclude on the review and report the results of the review to the Chief Justice of the Court;

c) Assist the Chief Justice of the Court in performing tasks related to enforcement of judgments within the Court's authority;

d) Perform other tasks assigned by the Chief Justice of the Court.

5. The Examiner is responsible before the law and before the Chief Justice of the Court for the performance of their duties and powers; if there is a violation of the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation as prescribed by the law.

Article 94. System and Policies for Court Secretaries and Appraisers

1. The State has preferential policies regarding salaries and allowances for Court Secretaries and Appraisers.

The system of salaries and allowances shall be prescribed by the Standing Committee of the National Assembly.

2. Court Secretaries and Appraisers shall be provided with uniforms and position cards. The models of uniforms and position cards shall be prescribed by the Chief Justice of the Supreme People's Court.

3. Court Secretaries and Appraisers shall be provided with training to improve their trial skills and conditions for study and research to enhance their qualifications.

4. Court Secretaries and Appraisers shall be rewarded according to the laws on competition and rewards.

Chapter X

ENSURING THE OPERATIONS OF PEOPLE'S COURTS

Article 95. Number of Judges and Staffing of People's Courts

1. The number of Judges of the Supreme People's Court shall be as stipulated in Clause 1 of Article 22 of this Law.

2. The number of Judges of other courts, the structure ratio of Judge ranks at each level of court, and the total staffing of People's Courts shall be decided by the Standing Committee of the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court after consulting with the Government.

3. The number of Judges, the structure ratio of Judge ranks at each level of military courts, and the total staffing of military courts shall be decided by the Standing Committee of the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court after reaching agreement with the Minister of Defense.

4. Based on the total staffing, the number, and the structure ratio of Judge ranks already decided by the Standing Committee of the National Assembly, the Chief Justice of the Supreme People's Court:

a) Shall allocate staffing, the number of Judges of other courts, and staff members of subordinate units of People's Courts;

b) Shall allocate staffing and the number of Judges of military courts after reaching agreement with the Minister of Defense.

Article 96. Operating Budgets of People's Courts

1. The operating budgets of the Supreme People's Court, High People's Courts, Provincial People's Courts, District People's Courts, and equivalent courts shall be decided by the Government after consultation with the Supreme People's Court and then submitted to the National Assembly for approval. In case the Government and the Supreme People's Court cannot reach an agreement on the budget estimates for the operation of People's Courts, the Chief Justice of the Supreme People's Court shall propose to the National Assembly for consideration and decision.

2. The operating budgets of military courts shall be prepared jointly by the Ministry of Defense and the Supreme People's Court and then proposed by the Government to the National Assembly for approval.

3. Management, allocation, issuance, and utilization of budgets shall be carried out in accordance with the State Budget Law and other relevant laws.

4. The State shall prioritize investment in material infrastructure and the development of information technology for People's Courts.

Article 97. System and Policies for Other Civil Servants, Officers, and Workers of People's Courts

Other civil servants, officers, and workers of People's Courts shall be provided with uniforms and enjoy benefits and policies as prescribed by law.

Chapter XI

IMPLEMENTING PROVISIONS

Article 98. Effective Date

1. This Law shall take effect from June 1, 2015, except for Clause 1 of Article 4, Article 24, Article 34, Point b Clause 1 of Article 38, Article 41, Clause 1 of Article 45, Article 46, Clause 4 of Article 51, Clause 3 of Article 55, Clause 3 of Article 58, Article 67, Clause 4 of Article 68, Clause 1 of Article 69, Article 70, Article 71, Article 72, Article 73, Clause 2 of Article 95 which shall take effect from February 1, 2015.

2. This Law replaces the Law on Organization of People's Courts No. 33/2002/QH10.

The Ordinance on Judges and Lay Judges of People's Courts No. 02/2002/PL-UBTVQH11 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Judges and Lay Judges of People's Courts No. 14/2011/PL-UBTVQH12 shall cease to be effective from the date this Law takes effect.

The Ordinance on the Organization of Military Courts No. 04/2002/PL-UBTVQH11 shall cease to be effective from the date this Law takes effect, except for the provisions in Articles 3, 4, 5, Clause 1 of Article 26, and Clause 2 of Article 29 which shall continue to be effective until they are revoked.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 8th session, on November 24, 2014.