Decision 81/2014/qh13: About The Enforcement Of Law On Organization Of People's Court

Original Language Title: Nghị quyết 81/2014/QH13: Về việc thi hành Luật Tổ chức tòa án nhân dân

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CONGRESS
Number: 81 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 24, 2014

THE RESOLUTION.

About the execution of the People's Court.

_____________

CONGRESS
THE SOCIALIST REPUBLIC OF VIETNAM.

Base. Constitution of the Socialist Republic of Vietnam;

DECISION:

What? 1.

From 1 February 2015 to the day the Law organizes the Court of the People in effect of execution:

1. Chief Justice of the Supreme People ' s Court is responsible for sweeping, preparing for the organization of the apparatus, personnel, facilities and other necessary conditions to secure the activities of the People's Court under the provisions of the Law of the Human Court.

2. The Supreme Court of the Supreme Court of the Supreme Court from 1 January 2014 continues to carry out the duties until 1 June 2015;

3. High Court Justice, the term judge expires on the task of carrying out the mandate until being reviewed, appointed by the provisions of the Law to hold the People ' s Court before 30 September 2015;

4. The base stipulated at paragraph 1 Article 4, Article 24, Article 70, Article 71, Article 72, paragraph 2 Article 95 of the Law Organization of the People's Court, at the suggestion of the Chief Justice of the Supreme People, the Standing Committee of the National Assembly to Congress:

a) Appropriation of the organization of the apparatus; the task, the powers of the units in the service of the Supreme People's Court;

b) The establishment of the High-Level People 's Court, the number of senior People' s Courts, regulates the scope of jurisdiction according to the territory of each High School People ' s Court;

c) Decided decision, the number of Judges of the High Court of the People High;

d) the Board of Operations Regulation, which oversees the National Magistrate;

Decide the list of members of the Council of the Draft, which oversees the National Judge;

5. Base stipulated at Article 34, point b 1 Article 38, Article 41, paragraph 1 Article 45, Article 46, paragraph 4 Article 51, paragraph 3 Article 55, paragraph 3 Article 58, Article 73 of the Law Organization of the People's Court, Chief Justice of the Supreme People's Court:

a) The Board of Operations Regulation of the Acute Examination of the Acute Judge, Senior Magistrate, Senior Magistrate; Regulation of the Organization for Organizational Examination, High Court Judge, Senior Magistrate;

b) The decision to establish the Courts in the Courts of the Provincial People, the central city of the central city, the Crown People's Court, the district, the town, the city, the province, and the equivalent;

c) The decision to establish and rule the mission, the powers of the machine to help in the High-ranking People's Courts, the Provincial People's Court, the central city of the district, the District People's Court, the district, the town, the province, and the equivalent.

The decision to establish and rule the mandate, the powers of the Ministry of Machine help in the military courts after unification with the Minister of Defense;

6. The base stipulated at Article 67, paragraph 4 68 (minus a point and point c), paragraph 1 Article 69 (minus point a) and other provisions relevant by the Law of the Humane Court, the Chief Justice of the Supreme Court of the Supreme Court of responsibility:

a) Preparing for the presentation of the National Assembly, approved the nomination of the Supreme Court of the People's Court;

b) The President of the Water review, the decision to appoint a Senior Magistrate to the Supreme People 's Court justices was appointed before June 1, 2015 but was not appointed to the Supreme People' s Court under the Law organising the Court of Human Rights. I'm

The Supreme People 's Court judge has been appointed before the Day of Law holding the People' s Court in effect that has had time as the Supreme Court of People ' s Court under 05 this year being appointed a senior Judge is deemed to have held enough High Judge tranche. 05 years.

What? 2.

Since the Day of the Law, the People's Court is in effect:

1. The Supreme Court of the Supreme Court of Justice transfers the mandate, the powers to the Supreme Court of the People's Court are established under the Law of the Organization of the People's Court.

The Supreme Court of the People's Court of Appeals for the jury, retrial by the Supreme Court of the Supreme People's Court; the Committee of the Supreme Court of the People's Court, the Central Committee of the Military Tribunal for the Committee of the Committee of the Committee. The judge pursues the rules of the statute of law.

The trial of the jury, the retrial of the Supreme People 's Court of Judges with the Board of Trial of 05 Judges, of the High-ranking People' s Court of Appeals, the Central Military Court Judges Committee with the Board of Trial of 03 Justid. It is in the presence of new laws;

2. Supreme Court appeals courts transfer the jurisdiction of the Court of Appeal; the Courts, Civil, Economic, Labour, the Supreme Court of the People 's Court, the Provincial People' s Courts, the Central Committee of the Central Committee, the Court Justice Commission. The provincial capital, the central city of the Central Committee, transferred the jurisdiction of the jury, retrial for the High School of People's Courts, the Supreme Court of the People's Court.

3. Military and equivalent military courts, the Military Court Judges Committee and the equivalent of transferring the authority to judge the judge, retrial under the provisions of the Code of Criminal Procedal to the Central Military Tribunal, the Commission of Appeals. The Central Military Tribunal.

The Military Courts continue to exercise jurisdiction over criminal cases under the provisions of the Criminal Procedal Code, stipulated at Articles 3, 4, 5, paragraph 1 Article 26 and paragraph 2 Article 29 of the Ordinal Law of the Military Tribunal until the provisions of the Ministry of Justice. the new criminal proceedings laws replace these existing regulations in accordance with the provisions of the Law of the People's Court;

4. Chief Justice of the Supreme People ' s Court has the authority to appeal the jury, retrial the sentence, the decision to have the legal effect of the Courts including the High Court of the People.

The Chief Justice of the Supreme People 's Court has the authority to appeal the jury, retrial the sentence, which decided to have the legal effect of the Provincial People' s Court, the central city of the district, the District People ' s Court, the district, the town, the province and the future. It is within the jurisdiction of the territory.

Chief Justice of the Central Military Tribunal has the authority to appeal to the appeal director, the decision to have the legal effect of the Regional Military Tribunal;

5. The trial authority of the Court of the Family and the juvenile is made in accordance with the provisions of the new litigation laws;

6. For the sentences, the decision of the District Court of the District, the district, the town, the city of the province, the Regional Military Tribunal was appealed to the jurisdiction of the jury, the retrial of the Provincial Court of the People ' s Court Judge, the central city. The Military Tribunal for the Military Tribunal and equivalent, but before June 1, 2015, which the case had not been tried, gave the Committee the High Court of Justice to be granted jurisdiction over the territory, the Central Military Court of Appeals. to follow the procedure of jury or retrial;

7. For the sentences, the decision of the Provincial People 's Court, the central-central city was appealed to the authority of the jury, the retrial of the Courts, civil, administrative, economic, labour of the Supreme People' s Court but before 01:01. June 2015 that the case has not been tried, it is assigned to the High Court Justice Committee, which has jurisdiction over the trial of the judge, or retrial;

8. For the sentences, the decision of the Court of Appeal of the Supreme People 's Court, the decisions of the Criminal Courts, civil, administrative, economic, labor of the Supreme People' s Court, of the Central Military Court have been appealed under the procedure of director of the judge; retrial but before 1 June 2015 that the case has yet to be tried, the Supreme People ' s Court of Appeal continues to trial in accordance with the judge or retrial procedure;

9. For the sentences, the preliminary decision of the Provincial People ' s Court, the central city that has not yet had the legal effect of the appeal, the protest before June 1, 2015 that the Provincial Court of People, the central city has not yet moved. file or transfer records to the Supreme Court of the Court of the Court of Appeal but not resolved, giving the Supreme People's Court the authority to follow the jurisdiction in accordance with the procedure of the appellate;

10. For the complaint filed, the offer to review the verdict again, the decision to have the legal effect of the District People 's Court, the district, the town, the provincial city, the Regional Military Tribunal under the authority of the judge or retrial of the Court' s settlement jurisdiction. The Provincial People's Court, the central city of the district, the Military District Court and the equivalent but before June 1, 2015, which was not resolved, gave the Supreme People's Court a jurisdiction over the territory, the Central Military Tribunal. The decision

11. For the complaint filed, the offer to review the verdict again, the decision to have the legal effect of the Provincial People 's Court, the central city under the procedure of supervising the judge or retrial of the jurisdiction of the Supreme People' s Court. But before 1 June 2015, it was not resolved that the High Court had jurisdiction over settlement.

12. For the complaint filed, the offer to review the verdict again, the decision to have the legal effect of the Court of Appeal of the Supreme People 's Court, the Criminal Courts, Civil, Economic, Labour, the Supreme Court of the People' s Court, the central military court under the capital. The Supreme Court of the Supreme Court, but before 1 June 2015, was unresolved, the Supreme Court of the Supreme Court continued to settle.

13. Supreme Court of the People's Court, High Court justice is entitled to the salary and subsection of the Supreme People's Court on the provisions of the existing law until the new wage and subsection.

What? 3 .

1. The Supreme People 's Court in the scope of functions, duties, powers of oneself, self-defense, or coordination with the relevant bodies revisiting the laws of law that is relevant to the Law hosting the People' s Court to cancel, modify, replenor or enact new laws. according to the authority; recommended the National Assembly, the Standing Committee of the National Assembly, the Government and the authorities to cancel, amend, supplement or enact new administration in accordance with the provisions of the Law organizing the People's Court.

2. Standing Committee of the National Assembly, President of the State, Government, Supreme People 's Court, the Supreme People' s Examination Institute within the range of functions, duties, his powers are responsible for the execution of this resolution ./.

The resolution was held by the National Assembly of the Socialist Republic of Vietnam XIII, the 8th session through November 24, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong