Ordinance No. 18/LCT stipulates in detail the organization of the Supreme People's Court and the organization of local People's Courts.

ORDINANCE

PROVISIONS ON THE ORGANIZATION OF THE SUPREME PEOPLE'S COURT AND THE ORGANIZATION OF LOCAL PEOPLE'S COURTS

AND THE ORGANIZATION OF LOCAL PEOPLE'S COURTS

Pursuant to Article 98 of the Constitution of the Democratic Republic of Vietnam and the Law on the Organization of People's Courts dated July 14, 1960;

To improve the People's Courts at all levels, enhance the people-oriented nature of the organization of People's Courts, and ensure that adjudication is accurate and in accordance with the law;

The Standing Committee of the National Assembly specifies the detailed organization of the Supreme People's Court and the organization of local People's Courts.

PART I

ORGANIZATION OF THE SUPREME PEOPLE'S COURT

Article 1

The Supreme People's Court consists of the Chief Justice, one or more Deputy Chief Justices, judges, and associate judges.

The Supreme People's Court has the following organizations:

- The Supreme People's Court Bench;

- Specialized courts of the Supreme People's Court;

- Criminal, Civil, and Military Courts;

- The Supreme People's Court of Appeal;

- The Full Bench of Judges of the Supreme People's Court.

Article 2

The Supreme People's Court Bench (1) has the following tasks:

a) Adjudicating important or complex cases;

b) Reviewing appeals from the Chief Justice of the Supreme People's Court or the Procurator General of the Supreme People's Procuracy against judgments or decisions of specialized courts and the Supreme People's Court of Appeal;

c) Directing courts in the application of laws and policies on adjudication;

d) Deciding on the allocation of judges among the courts of the Supreme People's Court;

đ) Discussing draft laws and ordinances that the Supreme People's Court will submit to the National Assembly or the Standing Committee of the National Assembly; discussing legal issues requiring explanation by the Standing Committee of the National Assembly;

e) Summarizing experience in adjudication.

The Supreme People's Court Bench has between nine and eleven members.

The Supreme People's Court Bench meets at least twice a month and decides by majority vote.

Article 3

The Criminal and Civil Courts of the Supreme People's Court have jurisdiction:

a) To conduct first instance trials concurrently with final instance trials for cases prescribed by law within the jurisdiction of the Supreme People's Court and cases within the jurisdiction of lower-level courts but the Supreme People's Court considers necessary to take up for trial;

b) To review judgments or decisions of first instance of municipal and provincial people's courts directly under the central government or equivalent administrative units that are appealed or protested;

c) To retry cases tried by their own court or the Supreme People's Court of Appeal, where judgments or decisions have become legally binding, but assigned for retrial by the Supreme People's Court Bench;

To retry cases tried by lower-level courts, where judgments or decisions have become legally binding, but protested by the Chief Justice of the Supreme People's Court or the Procurator General of the Supreme People's Procuracy.

Article 4

The Supreme People's Court of Appeal has jurisdiction:

a) To review judgments or decisions of first instance of municipal and provincial people's courts directly under the central government or equivalent administrative units that are appealed or protested;

b) To retry cases tried by their own court, where judgments or decisions have become legally binding, but assigned for retrial by the Supreme People's Court Bench.

Article 5

The Full Bench of Judges of the Supreme People's Court has the task of reviewing death penalty judgments of all levels of people's courts based on Article 9 of the Law on the Organization of People's Courts.

Article 6

The Chief Justice of the Supreme People's Court has the following duties:

a) Reporting the work of the Supreme People's Court to the National Assembly and the Standing Committee of the National Assembly;

b) Chairing meetings of the Supreme People's Court Bench and the Full Bench of Judges of the Supreme People's Court;

Chairing sessions of specialized courts and the Supreme People's Court of Appeal if deemed necessary;

c) Appealing judgments or decisions that have become legally binding of lower-level courts, but found to be erroneous;

d) Organizing national judicial statistics;

đ) Organizing the summary and dissemination of experience in adjudication;

e) Urging the implementation of resolutions of the Supreme People's Court Bench;

Urging the implementation of the overall work program;

g) Coordinating work among courts, departments, and other units of the Supreme People's Court;

h) Organizing the inspection of work of local People's Courts;

i) Designating judges to sit in sessions of specialized courts or the Supreme People's Court of Appeal when these courts lack judges to hold sessions;

k) Directing legal research and research on adjudication policies;

Directing the construction of judicial organizations, training and education of judicial staff, and legal education and propaganda among the people;

l) Appointing and dismissing the Director of the Office, Deputy Directors, Department Heads, Deputy Department Heads, and equivalent positions in the organization of the Supreme People's Court.

Deputy Chief Justices assist the Chief Justice in performing duties and may be authorized to act on behalf of the Chief Justice in his absence.

, Clause 1, Clause 2 Article 7a of this Regulation.

Specialized courts and the Supreme People's Court of Appeal consist of the President of the Court, Deputy Presidents, and judges.

The Presidents of specialized courts and the Supreme People's Court of Appeal have the following duties:

a) Managing the work of the court;

b) Assigning judges to sessions; chairing sessions or assigning a judge to chair sessions;

c) Reporting the work of the court to the Supreme People's Court Bench.

Deputy Presidents assist the President in performing duties and may be authorized to act on behalf of the President in his absence.

Article 8

The specific organizational structure and staffing of the Supreme People's Court are determined by the Chief Justice of the Supreme People's Court and submitted to the Standing Committee of the National Assembly for approval.

PART II

THE ORGANIZATION OF LOCAL PEOPLE'S COURTS

Article 9

Municipal and provincial people's courts directly under the central government or equivalent administrative units have jurisdiction:

a) To conduct first instance trials for criminal cases not within the jurisdiction of city-level people's courts under provinces, cities, districts, or equivalent administrative units and criminal cases within the jurisdiction of those courts, but considered important or complex, requiring elevation for trial;

b) Conduct preliminary trials for civil cases within the jurisdiction of the People's Court of a provincial city, town, district, or equivalent administrative unit, but if deemed important or complex, elevate them for trial;

c) Conduct appellate review of judgments or decisions from the first-instance trial of the People's Court of a provincial city, town, district, or equivalent administrative unit that have been appealed against or protested;

d) Re-examine cases tried by their own court or lower courts where judgments or decisions have become legally binding, but which have been assigned for re-examination by the Supreme People's Court;

The People's Court of a provincial city, town, district, or equivalent administrative unit has the responsibility to build judicial organizations at the local level, train court secretaries for the locality, train judicial cadres for towns and communes, and organize legal education and propaganda among the people;

Article 10

The Judicial Council of the People's Court of a provincial city, town, district, or equivalent administrative unit has the responsibility to:

a) Adjudicating important or complex cases;

b) Examine and report to the Supreme People's Court cases tried by their own court or lower courts where judgments or decisions have become legally binding, but errors have been discovered;

c) Guide lower courts in applying laws and policies,

adjudication guidelines;

d) Assign judges within the court;

đ) Summarize experience in adjudication;

The Judicial Council of the People's Court of a provincial city, town, district, or equivalent administrative unit shall convene at least twice a month and decide by majority vote;

Article 11

The Chief Judge of the People's Court of a provincial city, town, district, or equivalent administrative unit has the responsibility to:

a) Report on the work of the court to the full session of the Judicial Council;

b) Chair meetings of the Judicial Council;

c) Appoint judges to open court sessions; compile lists of lay judges for court sessions; chair court sessions or appoint a judge to chair court sessions;

d) Organize judicial statistics;

đ) Organizing the summary and dissemination of experience in adjudication;

e) Supervise the implementation of resolutions of the Judicial Council;

g) Coordinate the work between departments of the court;

h) Organize inspections of the work of lower-level People's Courts;

i) Direct the work of building judicial organizations at the local level, training court secretaries for the locality, training judicial cadres for towns and communes, and organizing legal education and propaganda among the people;

The Deputy Chief Judge assists the Chief Judge in performing duties and may be authorized to act in place of the Chief Judge when the Chief Judge is absent;

Article 12

The People's Court of a provincial city, town, district, or equivalent administrative unit has jurisdiction over:

a) Mediating civil disputes;

b) Adjudicating minor criminal cases without holding a trial session;

c) Conducting preliminary trials for civil cases;

d) Conducting preliminary trials for criminal cases that may result in imprisonment for up to two years;

The People's Court of a provincial city, town, district, or equivalent administrative unit has the responsibility to build judicial organizations and guide mediation work in towns and communes, and to conduct legal education and propaganda among the people;

Article 13

The Chief Judge of the People's Court of a provincial city, town, district, or equivalent administrative unit has the responsibility to:

a) Report on the work of the court to the People's Council at the same level;

b) Compile lists of lay judges for court sessions, chair court sessions or appoint judges to chair court sessions;

c) Examine and report to the People's Court of a provincial city, town, district, or equivalent administrative unit cases tried by their own court where judgments or decisions have become legally binding, but errors have been discovered;

d) Organize the summarization of experience in adjudication;

e) Guide judicial work in towns and communes;

Organize inspections of judicial work in towns and communes;

g) Assign judges within the court;

h) Direct the work of building judicial organizations at the local level and conducting legal education and propaganda among the people;

The Deputy Chief Judge assists the Chief Judge in performing duties and may be authorized to act in place of the Chief Judge when the Chief Judge is absent;

Article 14

The specific organization of the working apparatus and staffing of local People's Courts at all levels shall be guided by the Chief Judge of the Supreme People's Court to implement according to general regulations on the working apparatus and staffing of state agencies;

The total number of staff positions for local People's Courts at all levels shall be determined by the Chief Judge of the Supreme People's Court and submitted to the Standing Committee of the National Assembly for approval;

CHAPTER III

THE ELECTION OF JUDGES OF LOCAL PEOPLE'S COURTS

Article 15

The Chief Judge, Deputy Chief Judge, and judges of local People's Courts at all levels shall be elected and removed by the People's Council at the same level;

Members of the Judicial Council of the People's Court of a provincial city, town, district, or equivalent administrative unit shall be elected and removed by the People's Council at the same level;

The Chief Judge, Deputy Chief Judge, judges, and members of the Judicial Council may or may not be representatives of the People's Council;

The number of judges of the People's Court of a provincial city, town, district, or equivalent administrative unit, including the Chief Judge and Deputy Chief Judge, ranges from four to seven. The number of members of the Judicial Council of such People's Courts ranges from three to five;

The number of judges of the People's Court of a provincial city, town, district, or equivalent administrative unit, including the Chief Judge and Deputy Chief Judge, shall not exceed three;

The Chief Judge of the Supreme People's Court shall provide detailed guidance on the number of judges and members of the Judicial Council to be elected for each local People's Court within the above-defined range;

PART IV

THE ELECTION OF LAY JUDGES AND THEIR WORKING REGIME

OF LAY JUDGES

Article 16

When the Supreme People's Court conducts trials with lay judges participating, the lay judges are appointed by the Standing Committee of the National Assembly based on recommendations from mass organizations at the central level;

Article 17

Lay judges of local People's Courts at all levels shall be elected and removed by the People's Council at the same level;

The term of office of lay judges of local People's Courts at all levels is two years;

Article 18

The number of lay judges for each local People's Court shall be proposed by the Chief Judge of that level's People's Court based on the guidance of the Chief Judge of the Supreme People's Court, and decided by the People's Council at the same level.

The list of candidates for people's assessors of each People's Court at the local level shall be introduced by the mass organizations at the same level.

Article 19

People's assessors shall be responsible for coming to the court to perform their duties on the date and time determined by the People's Court.

Agencies, mass organizations, enterprises, construction sites, agricultural farms, cooperatives with cadres, workers, civil servants, cooperative members serving as people's assessors must create favorable conditions for people's assessors to perform their duties.

Article 20

During the period of performing duties at the court, if the people's assessor is a state employee, they shall continue to receive their salary; if the people's assessor is not a state employee, they shall be entitled to a subsistence allowance provided by the State.

CHAPTER V

ADDITIONAL PROVISIONS

Article 21

In autonomous regions, the specific organization of People's Courts at all levels shall be stipulated by the People's Council of the autonomous region based on the Constitution, the Law on the Organization of People's Courts, and this Decree, and submitted to the Standing Committee of the National Assembly for approval.

Article 22

Regarding the organization of military courts, separate regulations shall apply.

This Decree was adopted by the Standing Committee of the National Assembly on March 23, 1961.

(1) According to the Law on the Organization of People's Courts dated July 14, 1960 (Articles 13 and 26): The Judicial Council of the Supreme People's Court consists of the President, Vice-Presidents, and some judges of the Supreme People's Court. The President is elected and removed from office by the National Assembly. The Vice-Presidents and other members of the Council are appointed and removed from office by the Standing Committee of the National Assembly.

                                                    Ho Chi Minh

                                                                                                   (Signed)