Resolution No. 81/2014/QH13 on the Implementation of the Law on the Organization of the People's Courts

RESOLUTION

Regarding the Implementation of the Law on Organization of People's Courts

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OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

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

RESOLUTION:

From February 1, 2015 until the Law on Organization of People's Courts takes effect:

1. The President of the Supreme People's Court shall be responsible for reviewing and preparing organizational structures, personnel, material resources, and other necessary conditions to ensure the operation of people's courts at all levels in accordance with the Law on Organization of People's Courts;

2. Judges of the Supreme People's Court whose terms end from January 1, 2014 shall continue to perform their duties until June 1, 2015;

3. Intermediate judges and primary judges whose terms end shall continue to perform their duties until they are considered and appointed according to the provisions of the Law on Organization of People's Courts before September 30, 2015;

Based on the provisions of Clause 1 Article 4, Article 24, Article 70, Article 71, Article 72, Clause 2 Article 95 of the Law on Organization of People's Courts, upon the proposal of the President of the Supreme People's Court, the Standing Committee of the National Assembly issues a Resolution:

a) Approving the organizational structure; tasks and powers of units within the support system of the Supreme People's Court;

b) Establishing the People's Court of Appeal, determining the number of People's Courts of Appeal, and defining the territorial jurisdiction of each People's Court of Appeal;

c) Deciding on the staffing, number of judges of the People's Court of Appeal;

d) Issuing the Rules of Operation of the Council for Selecting and Supervising National Judges;

đ) Deciding the list of members of the National Judicial Selection and Supervision Council;

5. Based on the provisions of Article 34, Point b Clause 1 Article 38, Article 41, Clause 1 Article 45, Article 46, Clause 4 Article 51, Clause 3 Article 55, Clause 3 Article 58, Article 73 of the Law on Organization of People's Courts, the President of the Supreme People's Court:

a) Issuing the Rules of Operation of the Council for Selecting Judges; Rules for Organizing the Selection of Primary, Intermediate, and Senior Judges;

b) Deciding to establish specialized courts within provincial and centrally-administered city people's courts, district, urban district, town, and provincial city people's courts and equivalent courts;

c) Deciding to establish and define the tasks and powers of the support systems within the People's Courts of Appeal, provincial and centrally-administered city people's courts, district, urban district, town, and provincial city people's courts and equivalent courts.

Deciding to establish and define the tasks and powers of the support system within military courts after coordinating with the Minister of Defense;

6. Based on the provisions of Article 67, Clause 4 Article 68 (except Points a and c), Clause 1 Article 69 (except Point a) and other relevant provisions of the Law on Organization of People's Courts, the President of the Supreme People's Court shall be responsible:

a) Preparing personnel to be submitted to the National Assembly for consideration and approval of the appointment of judges of the Supreme People's Court;

b) Submitting to the President of the State for consideration and decision on the appointment of senior judges for judges of the Supreme People's Court who were appointed before June 1, 2015 but not appointed as judges of the Supreme People's Court under the Law on Organization of People's Courts.

Judges of the Supreme People's Court who were appointed before the Law on Organization of People's Courts took effect and have served less than five years as judges of the Supreme People's Court will be considered to have held the position of senior judge for five years if appointed as such.

Article 2.

From the date the Law on Organization of People's Courts takes effect:

1. The Judicial Council of the Supreme People's Court shall transfer its duties and powers to the Judicial Council of the Supreme People's Court established under the Law on Organization of People's Courts to implement;

The Judicial Council of the Supreme People's Court shall hear cassation and revision cases through the full council of judges of the Supreme People's Court; the Council of Judges of the People's Court of Appeal and the Council of Judges of the Central Military Court shall hear cases through the full council of the Council of Judges according to the current procedural laws;

The hearing of cassation and revision cases by the Judicial Council of the Supreme People's Court with a panel of five judges, and by the Council of Judges of the People's Court of Appeal and the Council of Judges of the Central Military Court with a panel of three judges shall be implemented when new procedural laws provide for this;

2. The Appellate Divisions of the Supreme People's Court shall transfer their appellate jurisdiction; the Criminal, Civil, Economic, Labor, Administrative Divisions of the Supreme People's Court, provincial and centrally-administered city people's courts, and the Councils of Judges of provincial and centrally-administered city people's courts shall transfer their cassation and revision jurisdiction to the People's Courts of Appeal and the Councils of Judges of the People's Courts of Appeal to implement;

3. Military regional courts and equivalent courts, and the Councils of Judges of military regional courts and equivalent courts shall transfer their cassation and revision jurisdiction according to the current Criminal Procedure Code to the Central Military Court and the Council of Judges of the Central Military Court;

Military courts shall continue to exercise jurisdiction over criminal cases according to the current Criminal Procedure Code, Articles 3, 4, 5, Clause 1 Article 26, and Clause 2 Article 29 of the Ordinance on the Organization of Military Courts until new Criminal Procedure Codes replace these current provisions in compliance with the Law on Organization of People's Courts;

4. The President of the Supreme People's Court has the authority to appeal cassation and revision judgments and decisions that have become legally binding of courts including the People's Courts of Appeal;

The President of the People's Court of Appeal has the authority to appeal cassation and revision judgments and decisions that have become legally binding of provincial and centrally-administered city people's courts, district, urban district, town, and provincial city people's courts within their territorial jurisdiction;

The President of the Central Military Court has the authority to appeal cassation judgments and decisions that have become legally binding of military regional courts;

5. The jurisdiction of the Family and Juvenile Court shall be implemented according to the provisions of new procedural laws.

6. As for judgments and decisions of the People's Court at district, city district, town, provincial-level city level, Military Region People's Court that have been appealed against within the jurisdiction of the Supreme People's Court Council of Judges of the provincial-level People's Court, Military Zone People's Court and equivalent but before June 1, 2015, if the case has not yet been heard, they shall be transferred to the relevant Provincial-level People's Court Council of Judges according to territorial jurisdiction, or the Central Military Region People's Court Council of Judges to hear according to cassation or revision procedures;

7. As for judgments and decisions of the provincial-level People's Court that have been appealed against within the jurisdiction of the Criminal, Civil, Administrative, Economic, Labor Divisions of the Supreme People's Court but before June 1, 2015, if the case has not yet been heard, they shall be transferred to the relevant Provincial-level People's Court Council of Judges according to territorial jurisdiction to hear according to cassation or revision procedures;

8. As for judgments and decisions of the Supreme People's Court Appeal Division, decisions of the Criminal, Civil, Administrative, Economic, Labor Divisions of the Supreme People's Court, Central Military Region People's Court that have been appealed against according to cassation or revision procedures but before June 1, 2015, if the case has not yet been heard, the Supreme People's Court Plenum shall continue to hear according to cassation or revision procedures;

9. As for first-instance judgments and decisions of the provincial-level People's Court that have not yet taken legal effect and have been appealed or protested against before June 1, 2015, if the provincial-level People's Court has not yet transferred the file or has already transferred the file to the Supreme People's Court Appeal Division but it has not yet been resolved, it shall be transferred to the relevant Provincial-level People's Court with jurisdiction according to territorial jurisdiction to resolve according to appeal procedures;

10. As for complaints and requests to review judgments and decisions that have taken legal effect of the People's Court at district, city district, town, provincial-level city level, Military Region People's Court according to cassation or revision procedures within the jurisdiction of the provincial-level People's Court, Military Zone People's Court and equivalent but before June 1, 2015, if they have not yet been resolved, they shall be transferred to the relevant Provincial-level People's Court with jurisdiction according to territorial jurisdiction, Central Military Region People's Court to resolve;

11. As for complaints and requests to review judgments and decisions that have taken legal effect of the provincial-level People's Court according to cassation or revision procedures within the jurisdiction of the Supreme People's Court but before June 1, 2015, if they have not yet been resolved, they shall be transferred to the relevant Provincial-level People's Court with jurisdiction according to territorial jurisdiction to resolve;

12. As for complaints and requests to review judgments and decisions that have taken legal effect of the Supreme People's Court Appeal Division, Criminal, Civil, Economic, Labor, Administrative Divisions of the Supreme People's Court, Central Military Region People's Court according to cassation or revision procedures within the jurisdiction of the Supreme People's Court but before June 1, 2015, if they have not yet been resolved, the Supreme People's Court shall continue to resolve;

13. Supreme People's Court judges, senior judges shall enjoy the salary and allowances of Supreme People's Court judges according to current laws until new salary and allowance regulations are established;

Article 3.

1. Within its functions, tasks, and powers, the Supreme People's Court shall itself or in coordination with relevant agencies review related legal documents concerning the Law on the Organization of the People's Courts to abolish, amend, supplement, or promulgate anew according to its authority; propose to the National Assembly, Standing Committee of the National Assembly, Government, and relevant agencies to abolish, amend, supplement, or promulgate anew in accordance with the provisions of the Law on the Organization of the People's Courts;

2. The Standing Committee of the National Assembly, President of the State, Government, Supreme People's Court, Supreme People's Procuracy within their functions, tasks, and powers shall be responsible for implementing this Resolution;

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