Law 62/2014/qh13: The Organization Of People's Court

Original Language Title: Luật 62/2014/QH13: Tổ chức Tòa án nhân dân

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CONGRESS
Number: 62 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 24, 2014

LAW.

The People's Court.

Number one.

The Constitution of the Socialist Republic of Vietnam.

Congress to enact Law I The People's Court.

Chapter I

COMMON RULES

Number one. Adjustment range

The law provides for the function, duties, powers, and organization of the Ministry of the People's Court; of Judges, Judges, and other titles in the People's Court; on the actions of the People's Court.

Article 2. Function, mandate, jurisdiction of the People ' s Court

1. The People ' s Court is the trial body of the Socialist Republic of Vietnam, which exercises judicial power.

The People's Court is tasked with protecting justice, protecting human rights, citizenship, protection of the socialist regime, protecting the interests of the state, the right and the legitimate interests of the organization, the individual.

In its own activities, the Court contributes to the education of citizens loyal to the Fatherland, stricts law enforcement, respecting the rules of social life, defence, anti-crime, and other laws.

2. The Court on behalf of the Socialist Republic of Vietnam judges criminal cases, civil, marriage, and family, business, commerce, labor, administrative and other matters under the rule of law; full review, objective, global, and more. The evidence has been collected during the proceedings; the base of the case, the outcome of the controversy, decides whether guilty or not guilty, applies, or does not apply the punishment, the judicial measure, the decision on the right and the obligations of the property, The right of life.

The sentence, the decision of the Court of the People's Court to take effect on the law must be held, organized, personally respected; the agency, the organization, the right individual must be strictly accepted.

3. When carrying out the criminal case trial, the Court has the right:

a) Review, the conclusion of the legalization of the conduct, the decision to proceedings of the investigator, the prosecutor, the Attorney in the process of investigation, prosecution, trial; review of the application, change, or cancellation of the deterred; suspended, suspended sentences;

b) Review, conclusion on the legalization of the evidence, documents issued by the Bureau of Investigation, Investigate, Examination Institute, Examination of the Procurement; Due To The Solicit, defendant, defendant, and other litigables provided;

c) When the test is needed, the filing requires an additional investigation of the investigation; requires the Institute to replenel the document, the evidence, or the Court of inspection, verification, collection, supplemation, according to the Code of Criminal Procedal;

d) Ask the investigator, the Auditefactor and others to present on matters relating to the case at the trial; the prosecution of the criminal case if found guilty of criminal charges;

e) Ra decided to take other powers under the rules of the Criminal Procedure Code.

4. Court of verification, collection of documents, evidence to address civil, marriage, and family affairs, business, trade, labor, administrative, and execution of other powers under the rule of law.

5. Deal with the administrative breach; consider the state governing body's offer and the decision to apply administrative treatment measures concerning human rights, the basic right of citizens by the rule of law.

6. Ra decided to enforce the criminal sentence, adjourn the imprisonment of imprisonment, suspended execution of imprisonment, reduced or exempt from the execution of the penalty, deleting the case, waived, reducing the sentence of execution to the state budget collection; the implementation of the powers. according to the provisions of the Criminal Code, the Criminal Court Act, the Law of Civil Action.

Making the decision to postpone, as long as it falls, the suspension only accepts the administrative treatment of the Court to apply and implement other powers under the provisions of the Administrative Breach Disposal Law.

7. During the trial of the case, the Tribunal uncovered and petits the authorities with the authority to review the amendment, supplement or revoking the law contrary to the Constitution, the law, the parliament ' s resolution, the ordinance, the resolution of the Standing Committee of the National Assembly to ensuring the legal rights and interests of the individual, the agency, the organization; the competent authorities are responsible for answering the Court of law that results in the proposed law of law by law as the basis for the Court to resolve the case.

8. Make sure to apply the law of law in the trial.

9. Do other powers according to the rules of the law.

Third. The People's Court.

1. The Supreme People ' s Court.

2. High-level civil court.

3. Provincial People's Court, Central City.

4. The Crown People's Court, district, town, provincial city and equivalent.

5. Military court.

Article 4. The authority established, dissolved the District Court of the District, the district, the town, the province, and the equivalent, the Provincial Court, the central city, the High Court of People, and the Military Tribunal.

1. The Standing Committee of the National Assembly decided to form, dissolved the District People's Court, the district, the town, the province, the province, and the equivalent; the Provincial Court of the People, the central city of the central city; the High Court of the People, and the provisions of the scope of jurisdiction. The territory of the Supreme People's Court at the suggestion of the Chief Justice of the Supreme People's Court.

2. The Standing Committee of the National Assembly decides to form, dissolve the Regional Military Tribunal, the Military District Court and the equivalent and rule on the scope of jurisdiction under the territory of each Court at the suggestion of Chief Justice of the Supreme People ' s Court after reunification. with the Minister of Defense.

Article 5. The organizational principle of the People's Court

The People's Courts are organized independently according to the trial authority.

Number 6. Security of the trial, the appellate.

1. The trial regime, the appellate, is secured.

The verdict, the court ' s preliminary decision may be appealed, appealed under the rules of the proceedings. The verdict, the preliminary decision not to be appealed, appealed during the statute of limitations, which is legally valid.

The verdict, the alleged preliminary appeal, the case has to be tried. The verdict, the Court ' s appellate decision has legal effect.

2. The verdict, the Court ' s decision to have the law effect that found to have a violation of the law or have new conditions under the rule of law, is reviewed on the order of the jury or retrial.

Article 7. Judge ' s appointment; vote, send a jury

1. The appointment regime is made to the Courts.

2. The elected regime is made for the Provincial People's Court, the central city, the District People's Court, the district, the town, the province, and the equivalent. The regime of the military jury was carried out for the Military District Court and the equivalent, the Regional Military Tribunal.

Article 8. Execute the trial regimen.

The trial of the Court's preliminary hearing has the Court to participate in accordance with the rules of the law, except for the case of a valid procedure.

Article 9. Judge, the jury is independent and only follows the law.

1. Judge, the jury of independence and only subject to law; strict prohibition of authority, organization, individual interfering in the trial of the judge, the Court under any form.

2. Personally, the organization of the organization is subject to interference in the trial of the judge, the Court is subject to the nature, the degree of violation that is subject to disciplinary action, administrative sanctiation, or the pursuit of criminal responsibility under the rule of law.

Article 10. The court of the People's Court.

The court of the People's Court of the People's Court of Justice and Decisions are made by majority, except for the case of a shortened procedure. The Board of the Board is at every trial prescribed by the law.

Article 11. The people ' s court tried in time, fair, public.

1. The Court of the People on trial promptly in the statute of limitations, which guarantees fair.

2. The Court of Appeal of the People's Court of Justice. The special case of keeping the state, the net, the customs, the customs of the people, the protection of the juvenile, or the secret of the private life under the legitimate requirements of the incumbent, the Court of the People may be able to take a secret trial.

Article 12. Guaranteed equal rights before the People ' s Court

The court follows the principle that everyone is equal before the law, not to distinguish ethnicity, gender, religion, religion, social composition, social status; individual, organ, organization are equal before the Court.

Article 13. Make sure to litigate in the trial.

The principle of litigation in the trial is secured. The court is responsible for ensuring those who participate in the proceedings exercise the right to litigate in the trial. The implementation of the principle of litigation is in accordance with the rule of law.

Article 14. The responsibility to prove criminals and the assurance of the defense of the defendant, defendant, the right to protect the legitimate interests of the incumbent.

The accused is deemed to be not guilty until it is proven by the order of the law and has the conviction sentence of the Court to have the legal effect.

The right to defend the defendant, the defendant, the right to protect the legitimate interests of the incumbent.

Defendant, accused of self-defense, by a lawyer or a person of defense; in other cases in the case of his own right or by the defender of his legal interests.

The court is responsible for ensuring the defense of the defendant, the defendant, the right to protect the legitimate interests of the incumbent.

Article 15. Voice, written before the People's Court.

The words, the words used before the Court are Vietnamese.

The court guarantees that the participants denounce the right to speak, the writing of their people before the People's Court, which must have a translator.

Article 16. Effective guarantee, the operational effectiveness of the People ' s Court.

1. Personal, agency, organization must respect the Court.

2. Prohibition of any offense, aggression to the honor, honor of the Court of the People, impede the operation of the Court; the person with the breach is subject to the nature, the level of violation that is subject to disciplinary treatment, administrative trial, or accountability. Criminal justice.

3. When carrying out the mission, its powers, the Magistrate, the Court has the right to contact the state agencies, the National Front Committee of Vietnam, member organizations of the Front, other social organizations and citizens. In the range of functions, duties, powers, agencies, organizations and citizens responsible for implementing the requirement and facilitation of Judges, the Court of duty.

Article 17. The coordination responsibility of the People ' s Court with the agency, organization

1. The People 's Court co-ordinated with the agency, the organization that enforces the educational effect of the trial and facilitated the enforcement of the sentence, the decision of the People' s Court.

2. People ' s Court along with the agency, the organization of the study, the proposal of the advocates, policies, the law of the chamber, against the breach of law and crime, the guarantee of national security, social safety order.

3. In the case of necessity, along with the decision of the sentence, the decision, the Court of People petit to ask the agency, the organization to apply the measure of the cause, the condition of committing crimes or violations of the law at the agency, that organization. The agency, the organization that received the petition was responsible for execution and for a 30-day period, since the date of receiving the petition must inform the Court on the outcome of the petition settlement.

Article 18. Manage the People ' s Courts on the organization

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

2. The Supreme People ' s Court presided over, in coordination with the Ministry of National Defense of the Military Courts on the organization.

The statute of coordination between the Supreme People's Court and the Ministry of Defence in the management of the Military Courts on the organization of the Standing Committee of the National Assembly.

Article 19. Active oversight of the People's Court.

The National Assembly, the agencies of the National Assembly, the National Assembly, the National Assembly, the People's Assembly, the People's Assembly, the Vietnam National Front and the members of the Front are overseeing the activities of the People's Court as defined by the law.

Chapter II

THE SUPREME COURT OF THE PEOPLE

Item 1

MISSION, JURISDICTION, ORGANIZATIONAL STRUCTURE

OF THE SUPREME COURT OF THE PEOPLE.

Article 20. Mission, the powers of the Supreme People ' s Court

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

The Supreme Court of the Supreme Court of Appeals, retrial of the sentence, the decision of the Courts to have the legal effect of law being appealed under the rule of law.

2. The trial director of other Courts, except for the case of the law.

3. The total trial of the Courts, which ensures the application of the law of law in the trial.

4. Training; fostering Judges, Judges, other titles of the People ' s Court.

5. Management of the People ' s Courts and the Military Tribunal for the organization under the provisions of this Law and the relevant laws, the guarantee of independence among the Courts.

6. The Congress of the bill, the draft resolution; the Standing Committee of the National Assembly project the ordinance, the draft resolution by the rule of law.

Article 21. The organizational structure of the Supreme People's Court

1. The organizational structure of the Supreme People ' s Court consists of:

a) the High Court of the High Court of Judges;

b)

c) The training facility, fostering.

2. The Supreme People 's Court has the Chief Justice, the Deputy Chief Justice, the Supreme People' s Court, the Court of Appeals, the Court Secretary, the other public, the officer and the worker.

Article 22. The Supreme Court of the People's Court.

1. The number of members of the Supreme Court of the People's Court is not under thirteen and no more than seventeen persons; including the Chief Justice, the Deputy Chief Justice of the Supreme People's Supreme Court and Supreme Court justices.

2. The Supreme Court Justice Council has a mandate, the following powers:

a) Director of the jury, retrial of the sentence, the Court ' s decision to have the legal effect of law being appealed under the rule of law;

b) The decision to guide the Courts to apply the law of law;

c) The choice to decide the director of the jury of the Supreme Court of the People ' s Court, the verdict, the decision to have the validity of the law, which has the norms of the Courts, the president developed into a case and published the case for the Courts of Research, applicable in law. trial;

d) Discussions, contributing to the report by the Chief Justice of the Supreme People 's Court on the work of the People' s Court to the National Assembly, the Standing Committee of the National Assembly, the President of the Water;

Participating in the bill, the draft resolution to the National Assembly, the draft ordinance, the draft resolution to the Standing Committee of the National Assembly;

e) Discussions, for the opinion of the draft legislation under the jurisdiction of the Chief Justice of the Supreme People 's Court and draft legislation between the Supreme People' s Court with relevant authorities under the provisions of the law enacting legislation.

3. The session of the Supreme Court Justice Council must have at least two-thirds of the total participating members; the decision of the Supreme Court of the Court of Justice must be more than half the total number of members voting for approval.

The Chief of the Supreme People's Examination Institute, the Minister of Justice is responsible for the session of the Supreme Court of the People's Court of Judges when it is discussed, through the resolution of the Supreme People's Court of Judges.

4. Decision of the jury, the retrial of the Supreme People ' s Court of Judges is the highest decision, not to be appealed.

Article 23. The trial of the Supreme Court of the Supreme Court of the People's Court

1. The Supreme Court of the Court of Appeals for the Supreme Court of the Supreme Court, retrial by the Council of Trial of 5 Judges or the plenum of the Supreme Court of the People's Court.

2. The trial of the jury, retrial by the Council of Trial of 5 Judges or the plenum of the Supreme Court of the People's Court is carried out under the rule of law.

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

The Supreme People's Court's work machine includes cases and equivalent units. The Supreme Court of the Supreme People's Court of the Standing Committee of the National Assembly approved the National Assembly to approve the organization of the apparatus; the duties, the powers of the units in the order.

Article 25. The training facility, the fostering of the Supreme People ' s Court

1. The training facility, the fostering of the Supreme People 's Court has the duty of training; fostering Judges, Judges, other titles of the People' s Court.

2. The establishment of the training facility, the fostering of the Supreme People ' s Court is carried out under the rule of law.

Item 2

CHIEF JUSTICE, DEPUTY CHIEF OF THE SUPREME COURT OF THE SUPREME COURT

Article 26. Chief Justice of the Supreme People's Court

1. Chief Justice of the Supreme People ' s Court issued by the National Assembly, dismissal on the recommendation of the President of the country.

The term of the Chief Justice of the Supreme People's Court follows the term of the National Assembly.

2. When the Congress expires, the Chief Justice of the Supreme People 's Court continues to carry out the mandate until the new National Assembly elect the Chief Justice of the Supreme People' s Court.

Article 27. Mission, the powers of the Chief Justice of the Supreme People's Court

1. The organization of the trial of the Supreme People's Court; is responsible for organizing the implementation of the principle of Judges, the Trial of Independence and the Law of Independence.

2. Chairman of the session of the Supreme People ' s Court of Judges.

3. Appeal under the procedure of supervising the judge, retrial of the sentence, the decision to have the legal effect of the People ' s Courts as prescribed by the law of proceedings.

4. The Speaker of his opinion on the case of the condemned man to the death penalty.

5. Directed by the General Assembly's execution, construction and assembly of the Council of the Supreme Court of the Supreme People's Court guarantees the application of the law in the trial; the sum of the total development, the case of the case.

6. Directed by the drafting of the draft law, the ordinance, the draft resolution issued by the Supreme People ' s Court, the Standing Committee of the National Assembly; enacted or co-ordinated the promulgation of the jurisdiction under the jurisdiction under the Law of the Enacted Legislation.

7. The National Assembly approved the appointment of appointment, dismissal, dismissal of the Supreme Court of the People's Court; the Chairman of the appointed, dismissal, and Deputy Chief Justice of the Supreme People's Court.

8. Appointment, dismissal, the terms of the titles prescribed at 1 Article 35, paragraph 1 Article 36, paragraph 1 Article 42, paragraph 1 Article 43, paragraph 1 Article 48, paragraph 1 Article 60, paragraph 1 Article 61, paragraph 1 Article 63, paragraph 1 Article 64, paragraph 1 Article 63, paragraph 1 Article 63, paragraph 1 Article 64 of this Law and the offices in the Supreme People ' s Court, except for the offices of the appointed, dismissal, the President's office.

9. Decision rotations, moderation, the Judges stipulate in paragraph 2 Article 78, paragraph 2 Article 79 and paragraph 2 Article 80 of this Law, except for the Supreme Court of the People.

10. The Standing Committee of the National Assembly decides to form, dissolution of the Supreme People 's Court; the Provincial Crown Court, the central city of the central city; the Crown People' s Court, the district, the town, the province, and the equivalent; the Military District Court and the future. The regional military court; the provision of the scope of jurisdiction under the territory of the High Court of the People's High Court and the establishment of other courts of the People's Court when it is needed.

The Standing Committee of the National Assembly approved the organizational structure, the mandate, the powers of the Supreme People's Court.

11. Decided to hold the Court in accordance with the stipulation at the point b 1 Article 38 and paragraph 1 Article 45; the provision of organizational structure, duties, the powers of the units of the order of the People's Court in accordance with the provisions of Article 24, paragraph 2 Article 34, Paragraph 2 Article 41, Article 46, paragraph 4 Article 51, paragraph 3 Article 55 and paragraph 3 Article 58 of this Law.

12. perform the duties, the powers specified at 6 Articles 66, paragraph 3 and paragraph 4 Articles 70, paragraph 7 Articles 75, paragraph 4 Article 88, paragraph 3 Article 92 and paragraph 3 Article 93 of this Law.

13. Decision allocation of the commission, the number of Judges, budgets for the operation of the People's Courts; the statute of the Courts of Military Courts following the unification with the Minister of Defence.

14. The organization examines the implementation of the payroll, management of cadres, management and use of the budget, the physical basis of the People ' s Court.

15. Organization of Training Works; fostering Judges, Judges and other titles of the People ' s Court.

16. is responsible for and reporting to work before the National Assembly; during the time the National Assembly does not meet, it is responsible and reporting to the Standing Committee of the National Assembly and the President of the country; answers to the advice of the National Assembly.

17. Do the task, the statutory authority over the rule of law; resolve other matters according to the rule of law.

Article 28. Deputy Chief Justice of the Supreme People's Court

1. Deputy Chief Justice of the Supreme People ' s Court is appointed by the President of the country among the Supreme Court justices. The term of Deputy Chief Justice of the Supreme People ' s Court is 5 years old, since the date was appointed.

Deputy Chief Justice of the Supreme People ' s Court chaired by the President of the country, the official.

2. Deputy Chief Justice of the Supreme People 's Court helps the Chief Justice to perform the mandate in accordance with the Chief Justice' s assignment. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the permissions on the rules of the proceedings.

Chapter III

HIGH-LEVEL CIVIL COURT

Item 1

MISSION, JURISDICTION, ORGANIZATIONAL STRUCTURE

HIGH-LEVEL CIVIL COURT

Article 29. Mission, the powers of the Supreme People ' s Court

1. The Gospel of the incident, the preliminary decision of the Provincial People's Court, the central city of the jurisdiction of the jurisdiction under the territory that has not yet had the legal effect of the appeal, appealed under the rules of the law.

2. The jury, retrial of the verdict, 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 equivalent of the jurisdiction under the armed territory. By the rules of the law.

Article 30. The organizational structure of the Supreme People ' s Court

1. The organizational structure of the senior People ' s Court consists of:

a) Committee of the High Court of the People's High Court;

b) The Criminal Court, the Civil Court, the Administrative Building, the Economic Court, the Court of Labor, the Family Building and the juvenile.

In case of necessity, the Standing Committee of the National Assembly decided to establish another Court at the request of the Chief Justice of the Supreme People's Court;

c) The machine helps.

2. The Supreme People ' s Court has the Chief Justice, the Deputy Chief Justice, the Chief Justice, the Deputy Chief Justice, the Judge, the Judge, the Secretary of the Court, the other public and the labourers.

Article 31. The Committee of the Supreme Court of the People's Court

1. The Committee of the High Court of the People's High Court consists of the Chief Justice, the Deputy Chief Justice of the High Court and a number of senior judges appointed by the Chief Justice of the Supreme Court on the recommendation of the Chief Justice of the High Court.

The number of members of the High Commission for the People's Court is not under eleven and no more than thirteen.

2. Committee of the senior People ' s Court of Justice with a mandate, the following powers:

a) The Director of the jury, retrial of the sentence, decided to have the legal effect of the Provincial Court of the People of the Province, the central city of the district, the District People's Court, the district, the town, the province, the province, and the equivalent of the extent of the jurisdiction under the territory. the decree of the law of the law,

b) Discussions, contribute to the report by the Chief Justice of the Supreme People 's Court on the work of the High-Level People' s Court to report the Supreme People ' s Court.

3. The session of the High-Level People ' s Court Committee shall have at least two-thirds of the total number of participants; the decision of the Committee of Judges must be more than half the total number of members voting for approval.

Article 32. The trial of the committee of the Supreme Court of the People ' s Court.

1. Committee of the Supreme Court of the People's Court of Appeal of the jury, retrial by the Council of Trial of 3 Judges or the plenum of the High Court of the People's Court of Justice.

2. The trial of the jury, retrial by the Council of Trial of 3 Judges or the plenum of the Supreme Court Justice Committee is carried out under the rule of law.

Article 33. Mission, the powers of the High Court of the Supreme People's Court

The Supreme Court of the People's Court of Appeals for the Court of Justice, the decision of the Provincial People's Court, the central city of the jurisdiction of the jurisdiction under the territory that has not been under the law of appeal, appealed under the rule of the law. Praise.

Article 34. The Ministry of State for the Supreme People's Court.

1. The high-level People 's Court' s suite of help includes the Office and other units.

2. Chief Justice of the Supreme People 's Court decided to establish and stipulate the mandate, the powers of the Office, the other units of the high-level People' s Court suite.

Item 2

CHIEF JUSTICE, VICE PRESIDENT OF THE SUPREME COURT OF THE PEOPLE

Article 35. Chief Justice of the Supreme People's Court

1. Chief Justice of the Supreme People 's Court appointed by the Chief Justice of the Supreme People' s Court, dismissal.

The term of the Chief Justice of the Supreme People's Court is 5 years, since the date of appointment.

2. The Chief Justice of the High Court of the High School has a mandate, the following powers:

a) The trial of the judgment of the Supreme Court of the People; and is responsible for the implementation of the principle of the judge, the jury of independence, and the law of the law;

b) presiding over the session of the High-Level People ' s Court Judges;

c) Appeal under the procedure of jury director, retrial of the sentence, 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 equivalent of the jurisdiction. According to the statute of the law,

d) Appointment, dismissal, dismissal of posts in the High Court of the People, except for Judges, Deputy Chief Justice;

The work of the Supreme People's Court with the Supreme People's Court;

e) Do the task, the statutory authority, the rule of law; to resolve other matters under the rule of law.

Number 36. Deputy Chief Justice of the Supreme People ' s Court

1. Deputy Chief Justice of the Supreme People 's Court appointed by the Chief Justice of the Supreme People' s Court, dismissed, dismissed.

The term of Deputy Chief Justice of the Supreme People's Court is 5 years, since the date of appointment.

2. Deputy Chief Justice of the Supreme People 's Court helps the Chief Justice to carry out the mandate in accordance with the Chief Justice' s assignment. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the permissions on the rules of the proceedings.

Chapter IV

THE PROVINCIAL CITY COURT, THE CITY.

CENTRAL TO CHINA

Item 1

MISSION, JURISDICTION, ORGANIZATIONAL STRUCTURE OF THE COURT

THE PEOPLE OF THE PROVINCE, THE CITY OF THE CENTRAL CITY

What? 37. The mandate, the powers of the Provincial Court of the Province, the central city

1. The preliminary appraisal of the law.

2. The Gospel of the incident, the preliminary decision of the District Court of the District, the county, the town, the province, and the equivalent of the law, has not been appealed to the law.

3. Check out the verdict, the decision to have the legal effect of the District People ' s Court, the district, the town, the province, and the equivalent, when the discovery has a violation of the law or having new conditions under the rule of law, petition to the Chief Justice. The Supreme People 's Chief Justice of the Supreme People' s Court of Appeal, the appeal.

4. Resolve other things by the rule of law.

What? 38. The organizational structure of the Provincial People ' s Court, the central city

1. The organizational structure of the Provincial People ' s Court, the central city of the central city:

a) Committee of Judges;

b) The Criminal Court, the Civil Court, the Administrative Building, the Economic Court, the Court of Labor, the Family Building and the juvenile.

In case of necessity, the Standing Committee of the National Assembly decided to establish another Supreme Court on the recommendation of the Chief Justice of the Supreme People's Court.

The base stipulated at this point and the practice of practice in each of the Provincial People's Courts, the central city of the Central Committee, the Chief Justice of the Supreme People's Court decided to organize the Courts of Blame;

c) The machine helps.

2. The provincial court of the province, the central city of the Central Committee of the Chief Justice, the Deputy Chief Justice, the Chief Justice, the Deputy Chief Justice, the Judge, the Judge, the Court Secretary, the other public and the labourers.

What? 39. Committee of Judges of the Provincial People ' s Court, Central City

1. Committee of the Provincial Court of People's Court, the central city of Chief Justice, Deputy Chief Justice and a number of Judges. The number of members of the Committee of Judges appointed by the Chief Justice of the Supreme Court decided on the recommendation of the Chief Justice of the Provincial Court, the city's central city.

The session of the Committee of the Magistrate of the Provincial People's Court, the central city of the city was presided over by the Chief Justice.

2. The Committee of the Provincial Court of the People of the Province, the central city of duty, jurisdiction:

a) Discussions on the implementation of the program, the work plan of the Provincial People's Court, the central city of the central city;

b) Discussions the work report of the Chief Justice of the Provincial Court, the central city of the central city with the Supreme People ' s Court and the Council of the same people;

c) Total trial experience;

d) Discusses the motion of the Chief Justice of the People's Court, the central city of the central government recommended the Chief Justice of the Supreme People's Court, the Chief Justice of the Supreme Court reviewed the verdict, decided to have the legal effect on the procedure of the judge, retrial at the request of the Chief Justice.

What? 40. The mandate, the powers of the Court in charge of the Provincial Court of the Province, the central city

1. The preliminary of the cases in accordance with the rule of law;

2. Appeals the cases where the sentence, the preliminary decision which has not been in the legal effect of the District People's Court, the district, the town, the province, and the equivalent of being appealed, appealed under the rules of the law.

What? 41. The Department of State for the Department of the Provincial People's Court, the city's central city.

1. The Ministry of the Provincial Court of the People's Court, the central city, consists of the Office, Room, and Equivalent Units.

2. Chief Justice of the Supreme People 's Court decided to establish and rule out the mandate, the powers of the Office, the chamber and the equivalent units of the Department of the Provincial People' s Court, the central city centre.

Item 2

CHIEF JUSTICE, DEPUTY CHIEF OF THE PROVINCIAL COURT OF THE PROVINCE,

THE CITY ' S CENTRAL CITY.

What? 42. Chief Justice of the Provincial People ' s Court, Central City

1. Chief Justice of the Provincial People ' s Court, Municipal Municipal

Cancer is appointed by the Chief Justice of the Supreme Court of the Supreme Court, the dismissal of the Supreme Court.

The term of the Chief Justice of the Provincial People's Court, the central city of the central city is 05 years, since the date of appointment.

2. Chief Justice of the Provincial People ' s Court, the central city of subordinate duty, the following powers:

a) The trial of the Court of the People of the Province, the central city of the central city, is responsible for the implementation of the principle of the judge, the jury of independence, and the law of the law;

b) appointed, dismissal, manner of posts in the Court of the Provincial People, the central city of the district, the District of the People of the District, the district, the town, the city, the province, and the equivalent, except the Judge, the Deputy Chief;

c) The decision of motion, rotation, and the sect of Judges in accordance with paragraph 3 Article 78, paragraph 3 Articles 79 and paragraph 3 Article 80 of this Law;

d) The organisation of the work fostering for the Judge, the Jury, other titles of the Court of the Court and the District Court of the District, district, town, city of the province and the equivalent;

Reporting to the Provincial People's Assembly, the central city of the central city and the Supreme People's Court;

e) Chief Justice of the Supreme People 's Court, Chief Justice of the Supreme People' s Court for review, appeals to the procedure of supervising the judge, retrial of the sentence, the decision to have been in law;

g) Do the task, the permissions on the rules of the rule of law; resolve other matters according to the rule of law.

What? 43. Deputy Chief Justice of the Provincial People ' s Court, Central City

1. Deputy Chief Justice of the Provincial People's Court, the central city of the Central Committee appointed by the Chief Justice of the Supreme People's Court, dismissed.

The term office of the Deputy Chief of the Provincial Court, the central city of the central city is 5 years, since the date of its appointment.

2. Deputy Chief Justice of the Provincial People's Court, the central city that helps the Chief Justice to carry out the mandate under the assignment of the Chief Justice. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the permissions on the rules of the proceedings.

Chapter V.

DISTRICT, COUNTY, TOWN,

THE CITY IS IN THE PROVINCE AND ITS EQUIVALENT.

Item 1

MISSION, JURISDICTION, ORGANIZATIONAL STRUCTURE OF THE COURT

THE PEOPLE OF THE DISTRICT, THE COUNTY, THE TOWN, THE CITY.

THE PROVINCE AND THE FUTURE

What? 44. Mission, jurisdiction of the District Court of the District, district, town, provincial city and equivalent

1. The preliminary appraisal of the law.

2. Resolve other matters according to the rule of law.

What? 45. The organizational structure of the District People ' s Court, district, town, provincial city and equivalent.

1. The Crown Court of the District, District, Town, the province, and the equivalent can have the Criminal Court, the Civil Court, the Family Building and the Juvenile Court, the Administrative Trial. In case of necessity, the Standing Committee of the National Assembly decided to establish another Supreme Court on the recommendation of the Chief Justice of the Supreme People's Court.

The base stipulated at this and required, in practice, in each district of the district, the county, the town, the province, and the equivalent, the Chief Justice of the Supreme People's Court decided to hold the Court of charge.

2. The Ministry of Machine helps.

3. The Crown People's Court, district, town, the provincial city and the equivalent of the Chief Justice, Deputy Chief Justice, Chief Justice, Deputy Chief Justice, Judge, Clerk of the Court, Judge on the Court of Justice, other public office, and worker.

What? 46. The mission, the powers of the apparatus to help the District People ' s Court, district, town, provincial city and equivalent.

The Supreme Court of the Supreme Court decided to establish and rule the mandate, the powers of the machine that helped the District Court, the county, the town, the province, and the equivalent.

Item 2

CHIEF JUSTICE, DEPUTY CHIEF JUSTICE OF THE DISTRICT.

COUNTY, TOWN, PROVINCIAL CITY AND EQUIVALENT

What? 47. The Chief Justice of the District Court, district, town, provincial city and equivalent

1. Chief Justice of the District Court of the District, District, Town, the Province of the Province and the equivalent of the Chief Justice of the Supreme People ' s Court, dismissed, dismissed.

The term of the Chief Justice of the District Court of the District, District, Town, the province, and the equivalent of 05 years, since the date of appointment.

2. Chief Justice of the District Court of the District, district, town, city of the province and the equivalent of a mandate, the following powers:

a) The trial of the Court of the People of the District, the district, the town, the city of the province, and the same; and is responsible for the execution of the principle of the judge, the jury of independence, and the law of the law;

b) Work report before the Council of People with authority under the statutory authority and the Court of the people of the province, the central city of the central city;

c) Implementionation of the mandate, the powers under the regulation of the law; resolve the other pursuits to the rule of law.

What? 48. Deputy Chief Justice of the District Court, district, town, provincial city and equivalent.

1. Deputy Chief Justice of the District People's Court, District, Town, Province, and the equivalent of the Chief Justice of the Supreme People's Court, dismissed, dismissed.

The term office of the Deputy Chief of the District of the District of the District, District, Town, the province, and the equivalent of 05 years, has since been appointed.

2. Deputy Chief Justice of the District Court of the District, District, Town, the Province of the Province and the equivalent helps the Chief Justice to carry out the task in accordance with the assignment of the Chief Justice. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the permissions on the rules of the proceedings.

Chapter VI

MILITARY COURT

Item 1

MISSION, JURISDICTION, STRUCTURE.

THE ORGANIZATION OF THE MILITARY COURT

What? 49. Mission, jurisdiction of the Military Court

Military Courts are held in the People's Army of Vietnam to judge cases of alleged military personnel and other cases according to the rule of law.

What? 50. Military Court Organisation

1. Central Military Court.

2. Military District Court and equivalent.

3. Regional Military Court.

What? 51. Mission, jurisdiction, organizational structure of the Central Military Tribunal.

1. The central military court has a mandate, the following powers:

a) The Gospel of the Court, the preliminary decision of the Military District Court, and the equivalent of no law to be appealed to the law, at the discretion of the Code of Criminal Procedre;

b) The jury, retrial of the sentence, decided to have the legal effect of the Military District Court and the equivalent, the Regional Military Tribunal being appealed under the provisions of the Criminal Procedal Code.

2. The organizational structure of the central military court consists of:

a) the Committee of the Central Military Tribunal;

b) the Central Military Court of Appeal;

c) The machine helps.

3. The central military court has the Chief Justice, the Deputy Chief Justice, the Chief Justice, the Deputy Chief Justice, the Judge, the Judge, the Secretary of the Court, the civil court, and the worker.

4. Chief Justice of the Supreme People ' s Court decided to establish and rule the mandate, the powers of the machine to help in the Central Military Court after reunification with the Minister of Defense.

What? 52. Central Military Court Justice Committee

1. The Central Military Court Judges Committee includes the Chief Justice, Deputy Chief Justice, and several senior judges appointed by the Chief Justice of the Supreme Court on the recommendation of the Chief Justice of the Central Military Tribunal.

The total number of members of the Central Military Tribunal for the Central Military Tribunal is no more than 07.

2. The Central Military Tribunal Judges committee has a mandate, the following powers:

a) The judge, retrial of the sentence, decided to have the legal effect of the Military District Court and the equivalent, the Military Tribunal of the Regional Military Court, under the provisions of the Criminal Procedal Code;

b) Discussions, contribute to the report by the Chief Justice of the Central Military Tribunal on the work of the Military Courts to report to the Chief Justice of the Supreme People ' s Court and the Minister of Defense.

3. The session of the Central Military Court Judges Committee must have at least two-thirds of the total participating members; the decision of the Central Military Court Judge Committee must be more than half the total number of members voting to approve.

What? 53. The trial of the trial of the Central Military Court Judge.

The Committee of the Central Military Tribunal shall be held in accordance with the provisions of Article 32 of this Law.

What? 54. Mission, the powers of the Central Military Court of Appeal

1. The Gospel of the incident, the preliminary decision of the Military District Court and the equivalent of having no effective law of appeal, appealed under the rules of the Criminal Procedal Code.

2. Do the task, other powers according to the rules of the law.

What? 55. The organizational structure of the Military District Court and the equivalent of

1. Structure, organization of the Military District Court and the equivalent of:

a) Committee of Judges;

b) The machine helps.

2. Military District Court and the equivalent of a Chief Justice, Deputy Chief Justice, Magistrate, Judge, Secretary of the Court, other civil justice and the worker.

3. Chief Justice of the Supreme People ' s Court decided to establish and rule the mandate, the powers of the machine to help in the Military District Court and the equivalent after unification with the Minister of Defense.

What? 56. Mission, jurisdiction of the Military District Court and the equivalent of

1. The criminal case under the provisions of the Criminal Procedal Code.

2. The criminal case of the criminal case, the preliminary decision of the Regional Military Tribunal, has not yet had the legal effect of the appeal, the appeal under the provisions of the Criminal Procedal Code.

3. Do the task, other powers according to the rules of the law.

What? 57. Military District Court Judges committee and equivalent.

1. Committee of the Military Court of Military Courts and the equivalent of Chief Justice, Deputy Chief Justice and several Judges. The number of members of the Committee of Judges appointed by the Chief Justice of the Supreme Court decided on the recommendation of the Chief Justice of the Military Tribunal and the equivalent.

The session of the Committee of the Military Tribunal for the Military District and the equivalent of the Chief Justice.

2. Military District Court Judges Committee and the equivalent of a mandate, jurisdiction:

a) Discussions on the implementation of the program, the work plan of the Military District Court and the equivalent;

b) The discussion report on the work of the Chief Justice of the Military Tribunal and the equivalent to the Supreme People ' s Court and the Ministry of Defense;

c) Total trial experience;

d) Discusses the motion of the Chief Justice of the Military Tribunal and the equivalent of the Chief Justice of the Central Military Tribunal to review the verdict, the decision to have the law of law in accordance with the procedure of the judge, retrial at the request of the Chief Justice.

What? 58. Mission, jurisdiction, organizational structure of the Regional Military Tribunal.

1. The regional military court has a mandate, the following powers:

a) The judge according to the Code of Criminal Procedre;

b) Other permissions on the rules of the law.

2. The Regional Military Tribunal has the Chief Justice, Deputy Chief Justice, Judge, Secretary of the Court, other civil justice and the worker.

3. Chief Justice of the Supreme People ' s Court decided to establish and rule the mandate, the powers of the machine to help in the Regional Military Court after reunification with the Minister of Defense.

Item 2

CHIEF JUSTICE, DEPUTY CHIEF JUSTICE

What? 59. Chief Justice of the Central Military Tribunal

1. Chief Justice of the Central Military Court is Deputy Chief Justice of the Supreme People ' s Court appointed by the President of the country, dismissal, dismissal.

The term of the Chief Justice of the Central Military Court is 5 years old, since the date was appointed.

2. Chief Justice of the Central Military Tribunal has a mandate, the following powers:

a) The trial of the trial of the central military court; and is responsible for the implementation of the principle of the judge, the assembly of the independent judges, and the law of the law;

b) presiding over the session of the Central Military Tribunal Judge;

c) Appeal under the procedure of director of the sentence, the decision was to have the legal effect of the Military District Court and the equivalent, the Regional Military Tribunal under the provisions of the Criminal Procedal Code;

d) The organization of the examination of the work of the Military District Courts and the equivalent, the Regional Military Tribunal;

) A career fostering for the Judge, the Court of Assemblies, the Court of Appeals, the Court Secretary of the Military Courts;

e) The military court 's work report with the Chief Justice of the Supreme People' s Court and the Minister of Defense;

g) Appointment, dismissal, dismissal of posts in military courts, except for Judge, Chief Justice, Deputy Chief Justice;

h) Do the task, the statutory authority of the Code of Criminal Procedre; to resolve other matters under the rule of law.

What? 60. Deputy Chief Justice of the Central Military Tribunal

1. Deputy Chief Justice of the Central Military Tribunal appointed by the Chief Justice of the Supreme People ' s Court, dismissed, dismissed after reunification with the Minister of Defense.

The term of Deputy Chief Justice of the Central Military Court is 5 years old, since the date of appointment.

2. Deputy Chief Justice of the Central Military Tribunal helps the Chief Justice to execute the mandate in accordance with the Chief Justice ' s assignment. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the statutory authority of the Criminal Procedal Code.

What? 61. Chief Justice of the Military District Court and equivalent

1. Chief Justice of the Military District Court and the equivalent of the Chief Justice of the Supreme People ' s Court, dismissed, dismissed after reunification with the Minister of Defense.

The term of the Chief Justice of the Military Tribunal of the Military District and the equivalent of 05 years, since the date of his appointment.

2. Chief Justice of the Military District Court and the equivalent of a mandate, the following powers:

a) The trial of the Military Tribunal for the Military and the equivalent, and is responsible for the implementation of the principle of the judge, the jury of independence, and the law of the law;

b) Work report of the Military District Court and the equivalent, the Regional Military Tribunal with the Chief Justice of the Central Military Tribunal and the Military District and the equivalent;

c) Perform the mandate, the statutory authority of the Code of Criminal Procedre; to resolve other matters under the rule of law.

What? 62. Deputy Chief Justice of the Military District Court and equivalent

1. Deputy Chief Justice of the Military District Court and the equivalent of the Chief Justice of the Supreme People ' s Court, dismissed, dismissed after reunification with the Minister of Defense.

The term of Deputy Chief of the Military Tribunal for the Military District and the equivalent of 5 years, since the date of his appointment.

2. Deputy Chief Justice of the Military District Court and the equivalent of helping the Chief Justice perform the task in accordance with the Chief Justice ' s assignment. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the statutory authority of the Criminal Procedal Code.

What? 63. Chief Justice of the Regional Military Tribunal

1. Chief Justice of the Regional Military Tribunal appointed by the Chief Justice of the Supreme People ' s Court, dismissed from office after reunification with the Minister of Defense.

The term of the Chief Justice of the Regional Military Tribunal is 5 years, since the date was appointed.

2. Chief Justice of the Regional Military Tribunal with duty, the following powers:

a) The trial of the trial of the Regional Military Tribunal; in charge of the implementation of the principle of the judge, the assembly of independent judges, and the law of the law;

b) The work report of the Regional Military Tribunal with the Chief Justice Tribunal of the Military District and the equivalent;

c) Perform the mandate, the statutory authority of the Code of Criminal Procedre; to resolve other matters under the rule of law.

What? 64. Deputy Chief Justice of the Regional Military Tribunal

1. Deputy Chief Justice of the Regional Military Tribunal appointed by the Chief Justice of the Supreme People ' s Court, dismissed, dismissed after reunification with the Minister of Defense.

The term of Deputy Chief Justice of the Regional Military Tribunal is 5 years, since the date was appointed.

2. Deputy Chief Justice of the Regional Military Tribunal helps the Chief Justice to carry out the mandate in accordance with the Chief Justice ' s assignment. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice of the Court. The Deputy Chief of Staff is accountable to the Chief Justice of the task of being delivered.

3. Do the task, the statutory authority of the Criminal Procedal Code.

Chapter VII

JUDGE

What? 65. Mission, jurisdiction.

1. The judge is the qualified person, the prescribed standard of this Law is appointed by the President of the country for the trial of the trial.

2. The judge performs the mandate, the prescribed powers at Article 2 of this Law and the relevant laws.

What? 66. Judges

1. People ' s Court Judge:

a) Judge the Supreme People's Court;

b) High judge;

c) Middle-level judge;

d) primary judge.

2. The Supreme People ' s Court has the Judge stipulated at the point a 1 Article.

3. High-ranking People ' s Court, the Central Military Tribunal has the Judge stipulated at the point b 1 Article.

4. The provincial municipal court, the central city of the district, the Military District Court and the equivalent of a Judge stipulated at points b, c, and d 1 Article.

5. The Crown Court of the District, the district, the town, the city of the province and the equivalent, the Regional Military Tribunal has the Judge stipulated at point c and the point of Article 1 This Article.

6. The number of senior judges, senior judges, primary judges and the rate of judges judges at each court issued by the Standing Committee of the National Assembly on the recommendation of the Chief Justice of the Supreme People's Court.

What? 67. Judge Standards

1. As Vietnamese citizens, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, which has good moral dignity, has a strong political identity, whose spirit of courage and tenacity to protect justice, integrity and honesty.

2. There is a voter turnout.

3. Have been trained in a trial career.

4. There is time to be a law practice.

5. There is a health guarantee that completes the assignment.

What? 68. The condition of appointing a preliminary Judge, Senior Judge, Senior Magistrate

1. The person with sufficient standards at Article 67 of this Law and having the following conditions may be selected, appointed as a primary judge; if the military officer in the army can be drafted, appointed as a primary judge of the Military Court:

a) There is time to be a law of law from 05 years or more;

b) There is the competence to judge the cases and resolve other matters under the jurisdiction of the Court by the rule of law;

c) matrices selection of the primary judge.

2. The competent person at Article 67 of this Law and sufficient the following conditions can be selected, appointed as a neutral judge; if the military officer in the army can be selected, appointed as a senior Judge of the Military Court. The truth

a) has been a preliminary judge for every five years or so.

b) There is the competence to judge the cases and resolve other matters under the jurisdiction of the Court by the rule of law;

c) matrices at the High Court of the High Court.

3. The case due to the staffing needs of the People ' s Court, who has not been a qualified primary judge, the following condition can be drafted, appointed as a neutral judge; if the military officer at the army can be drafted, appointed as a senior judge. The senior judge of the Military Court:

a) There is sufficient standard of regulation at 1, 2, 3 and 5 Article 67 of this Law;

b) There has been a period of legal work from 13 years or more;

c) There is the competence to judge the cases and resolve other matters under the jurisdiction of the Court in accordance with the rule of law;

d) won the selection of the page judge.

4. The eligible person at Article 67 of this Law and sufficient the following conditions can be selected, appointed as a Senior Magistrate; if a military officer at the army can be selected, appointed as Senior Magistrate of the Military Court:

a) It has been the High Court Judge for every five years or so.

b) There is an ability to judge cases and to resolve other matters under the jurisdiction of the High Court, of the Central Military Tribunal by the rule of law;

c) winning the Senior Judges tranche.

5. The case due to the staffing needs of the People ' s Court, who has not been a qualified neutral judge, the following condition can be drafted, appointed as a Senior Judge; if the military officer at the army can be drafted, appointed, said. to be a high judge of the military court:

a) There is sufficient standard of regulation at 1, 2, 3 and 5 Article 67 of this Law;

b) There has been times as law work from 18 years or more;

c) There is the ability to judge cases and resolve other matters under the jurisdiction of the High Court, the Central Military Tribunal by the rule of law;

d) won the entrance exam to the senior judge quota.

6. In the special case, the person is given the authority, the organization has the authority to regulate to the head of the head of the Supreme People 's Court, the Provincial People' s Court, the central city district, the District People ' s Court, the district, the town, the provincial city. And the equivalent, but not enough time as a law, but there are sufficient criteria for regulation at Article 67 of this law and the regulation stipulated at point b 1, point b 2, point c 3, point b paragraph 4 This can be selected and appointed. charge as a primary judge, senior judge, senior judge; if he is a military officer at the army, can be drafted and appointed as a staff officer. The primary judge, senior judge, High Judge of the Military Courts.

What? 69. The condition of appointing the Supreme People ' s Court Judge

1. The qualified person at Article 67 of this Law and there are enough of the following conditions can be selected, appointed as Supreme Court Judge:

a) It has been the High Judge from every five years or so.

b) There is the competence to judge the cases and resolve other matters under the jurisdiction of the Supreme People ' s Court in accordance with the rule of law.

2. People who do not work in the Courts but hold important positions in the agencies, the central organization, the deep understanding of politics, law, economics, culture, society, security, defense, diplomacy, or as experts, industry heads, scientists, and others. The law, which holds important positions in the institutions, institutions and the most prestigious in society, has the capacity to judge cases and to resolve other matters under the jurisdiction of the Supreme Court of the Supreme People, as prescribed by the law, can be recruited. select, appointed as Supreme Court Justice.

What? 70. Board of selection, National Judge of National Judge

1. The selection council, which oversees the National Magistrate of the Supreme People's Court, 01 Deputy Chief Justice of the Supreme People's Court, Chief Justice of the Central Military Tribunal, the Chief Justice of the Supreme Court, 01 represents the leadership of the Central Committee of the Front. Vietnam National, Office of the President, Ministry of Justice, Ministry of Defence, Executive Committee of the Vietnam Law Society.

2. Chief Justice of the Supreme People ' s Court is the Chairman of the Board of the Draft, which oversees the National Judge.

3. List of select members of the Board of Commissioners, supervising the National Judge appointed by the Standing Committee of the National Assembly on the recommendation of the Chief Justice of the Supreme People's Court.

4. Rules of Operations of the Council of the Draft, which oversees the National Judge appointed by the Standing Committee of the National Assembly on the recommendation of the Chief Justice of the Supreme People's Court.

What? 71. The mandate, the powers of the selection council, oversees the National Judge

1. Consider the selection of eligible persons, conditions as a Judge by the rules of this Law to recommend the Chief Justice of the Supreme People ' s Court:

a) The Assembly approved the nomination of the Supreme Court of the People's Court;

b) The president of the country decides to appoint a Judge of other Courts.

2. Consider the dismissal, the way the Judge follows the rules of this Law to recommend the Chief Justice of the Supreme People ' s Court:

a) The National Assembly approved the dismissal of the Supreme Court of the Supreme Court;

b) The president of the country decides to be dismissed, the way the Judge of the Courts is different.

3. Monitoring the execution of duty, jurisdiction, career ethics, the rule of conduct, the lifestyle of the judge.

What? 72. Appropriation procedure, appointing Supreme People ' s Court Judge

1. Chief Justice of the Supreme People 's Court approved the offer to appoint the Supreme People' s Court Judge.

2. The approval of the National Assembly for approval of the appointment of the Supreme People ' s Court is sent to the Standing Committee of the National Assembly for consideration, given at the last session of the National Assembly.

3. The Judiciary Committee of the National Assembly is responsible for the examination of the National Assembly for approval of the nomination of the Supreme People's Court.

4. Congress review and exit Resolution recommended the appointment of the Supreme People ' s Court Judge.

5. The National Assembly 's Resolve Base, the president of the country makes the decision to appoint the Supreme People' s Court Judge.

What? 73. Assembly selection of primary judge, senior judge, senior judge of the jury.

1. Board of the Supreme Court, High Court Justice, High Court Chief Justice, Supreme Court Justice as Chairman; 01 Deputy Chief Justice of the Supreme People's Court, representative of the Department of Defense, Department of the Interior is commissioner.

The list of members of the Board of the Jury Selection of the Supreme Court of Justice, High Judge, Supreme Court of Justice of the Supreme Court of the Supreme Court.

2. The selection of the primary judge, the senior judge, the senior judge has the mandate, the following powers:

a) Organisexamination of the primary judge;

b) The organization of the lifting exam from the primary judge to the senior judge, from the High Judge to the High Judge;

c) The selection of the selection exam on the senior Judge tranche, the Senior Judge for the prescribed cases at paragraph 3 and paragraph 5 Article 68 of the Law;

d) The list of the matrices.

3. Rules of activities of the Board of the Jury Selection, Senior Magistrate, Senior Magistrate, Rules for the selection of the primary judge, High Judge, High Judge appointed by the Chief Justice of the Supreme Court of the Supreme People.

What? 74. Judge's term.

The first term of the Judges is 5 years; the case is reappointed or appointed to another Judge's quota, the next term is 10 years.

What? 75. The regime, policy towards Justice

1. The state has a priority policy on wages, which is subordinate to the Judge.

2. The judge is granted a costume, the Certificate of Judges for duty.

3. The judge is guaranteed to honor honor, prestige; be protected upon the enforcement of the service and in the case of necessity.

4. The judge is trained, fostering to raise the degree and career of the Court.

5. Prohibition against obstruction, intimidation, cyber aggression, honor, dignity, dignity of Judge and the body of the judge.

6. The judge is honoured and rewarded by the rule of law on the competition, commendation.

7. The pre-wage regime, submits; the clothing template, the grant and the use of the outfit, the Certificate of Judges issued by the Standing Committee of the National Assembly on the recommendation of the Chief Justice of the Supreme People ' s Court.

What? 76. Judge Judge

1. Be loyal to the Fatherland, the example of the Constitution and the law.

2. Respect the people, dedicated to the service of the people, in close contact with the people, listen to the opinion and bear the oversight of the people.

3. Independence, insignor, objective, protection of justice in the trial; to accept the rule of conduct, the profession of the profession of Judges, to uphold the prestige of the Court.

4. Keep the state secret and secret work under the rule of law.

5. Learning, research to raise the knowledge, political level and the professional practice of the Court.

6. Accountable to the law of carrying out its duties, powers, and decisions; if there is a violation of the law, the degree of violation, the degree of violation, which is subject to disciplinary action or the pursuit of criminal responsibility by law. The judge while carrying out his duties, the powers of his own, the Court where the Judge carried out the trial of the trial was responsible for reparation and the judge caused the damages to the Court by statute.

What? 77. Judges are not made.

1. The laws of regulation of cadres, civil unions are not made.

2. Consulting for the defendant, defendant, contemporary or other litigwoman makes the settlement of the case or other things that are not correct the rule of law.

3. Invention of the law of law on solving the case or taking advantage of its influence impacting the person responsible for solving the case.

4. Take the case file or document in the case file out of the agency, if not for the task of being delivered or not the consent of the competent person.

5. Next defendant, contemporary or other litigwoman in the case in which you have the authority to resolve the wrong place.

What? 78. Judge.

1. The investigation of the Judge is made to ensure the Courts perform the trial of the trial.

2. Chief Justice of the Supreme People ' s Court decides to run the Judge from the People's Court to serve as a duty at the other People's Court with no jurisdiction over the territory or not the same province, the city's central city.

3. Chief Justice of the Provincial People's Court, the central city of the Central Committee decides to run the Judge from the People's Court to serve as a duty at the other People's Court in the scope of jurisdiction over the territory.

4. The Secretary of Defense decides to move the Judge from the Military Court to duty at the other military court after unification with the Chief Justice of the Supreme People ' s Court.

What? 79.

1. The rotation of the Judge holds the position of leadership, the management of the Court is made to serve the duty requirement, the cadre plan.

2. Chief Justice of the Supreme People 's Court decides to move the Judge from the People' s Court to duty at the other People ' s Court without the same jurisdiction over the territory or not the same province, the central city.

3. Chief Justice of the Provincial People's Court, the central city of the Central Committee decides to move the Judge from the People's Court to serve as a duty at the other People's Court in the scope of jurisdiction over the territory.

4. The Secretary of Defense decides to move the judge from the military court to duty at the other military court after unification with the Chief Justice of the Supreme People ' s Court.

What? 80. Judges.

1. The separation of Judges is made to ensure the Courts perform the function, the trial mandate.

2. Chief Justice of the Supreme People ' s Court decided to separate the Judge from the People's Court to the office of a deadline at the other People's Court not to have the same jurisdiction under the territory or not the same province, the city's central city.

3. Chief Justice of the Provincial People's Court, the central city of the Central Committee decides to separate the Judge from the People's Court to serve as a term for a deadline at the People's Court within the jurisdiction of the territory.

4. The Minister of Defense decided to separate the judge from the Military Court to the task of having a deadline at the other military court.

5. The statute of limitations stipulated in the 2, 3 and 4 Articles of Article 3 no more than 3 years.

What? 81.

1. The judge of course is exempt from retirement, quit the job, move the other business.

2. The judge may be exempt due to health, due to family circumstances or for other reasons that the trial cannot guarantee the completion of the assignment.

What? 82.

1. The judge of course was removed when convicted by the sentence of the Court that had the legal effect.

2. Depending on the properties, the extent of the violation, the judge may be removed from office when belonging to one of the following cases:

a) Violin in trial work, solving the affairs of the jurisdiction of the Court;

b) Violation of regulation at Article 77 of this Law;

c) Violation of moral qualities;

d) Violation of the rule of conduct, morality of Judges;

There's another violation of the law.

What? 83. The procedure of dismissal, the way of Judge

1. The selection council, which oversees the National Magistrate Judge review cases of dismissal, is recommended by the judge on the recommendation of the Chief Justice of the Supreme People ' s Court.

2. Appropriation, dismissal, the way the Supreme Court of the People's Court is executed as stipulated at Article 72 of this Law.

3. At the recommendation of the Council of the Draft, the oversight of the National Judge, the Chief Justice of the Supreme People ' s Court of the Supreme Court of the decision of the dismissal of the President of the Supreme Court, the Court of Justice of the Courts of the Other Courts.

Chapter VIII

JURY

What? 84. Mission, jurisdiction.

1. People ' s Court of Appeal includes:

a) the assembly of the people;

b) Military justice.

2. The people 's assembly is on trial for the trial of cases under the jurisdiction of the People' s Court under the assignment of the Chief Justice of the Court where elected as the People ' s Court.

3. The jury is on trial for trials of the jurisdiction of the Military Court under the assignment of the Chief Justice of the Court where he is sent as a military jury.

4. The jury is obliged to carry out the assignment of the Chief Justice of the Court, the case that failed to make it clear.

5. In the 01 years of work that the Court has not been assigned by the Chief Justice of the Court as a trial, it is right to ask the Chief Justice of the Court for a reason.

What? 85. jury standard

1. As Vietnamese citizens, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, which has good moral dignity, has a strong political and moral integrity in the community of people who are brave and determined to protect justice, integrity and justice. Pure and honest.

2. There is legal knowledge.

3. There is a social understanding.

4. There is a health guarantee that completes the assignment.

What? 86. Election procedure, gesture, dismissal, Court of Appeals

1. The provincial municipal court, the central city of the district, the District People's Court, the district, the town, the city of the province, and the equivalent of proposing the need for numbers, the constituent part of the jury recommended the National Front Committee of Vietnam and its selection and gender. The standard person shall be appointed by Article 85 of this Law to the Council of the People to be appointed by the law of the assembly of the people;

The Chief Justice of the People's Court after unification with the Vietnam Front Committee on the same level. The Council of the People's Committee, the People's Assembly.

2. Military Tribunal for the Military Tribunal of the Military District and the equivalent of the Chairman of the Political Directorate of the People's Army of Vietnam, according to the introduction of the military, military, military, Directorate, and General Political Administration.

The Chief Justice of the Military Tribunal and the equivalent after unification with the military political body, the legion, the army, the general or the equivalent of the equivalent of the nomination of the Political Directorate of the Army of Vietnam for the dismissal of the army. The Military Court of the Military District and the equivalent.

3. Military Court of Military Tribunal of the Regional Military District by the Military District, Corps, Legions, General or equivalent rank according to the introduction of the political body of the division or equivalent rank.

The Regional Military Tribunal chief after unification with the political body of the division or the equivalent of nomining the Military District, the Corps, the Army, the General Directorate, or the equivalent of the equivalent, dismiss the Military Court of Military Court of the Regional Military Tribunal.

What? 87.

1. The term of the assembly of the People's Assembly under the term of the Council of People's Assembly has elected the People's Hall of the People.

When the People's Assembly expires, the People's Assembly continues to serve until the new People's Assembly elect the new People's Hall.

2. The term of a military jury is 5 years, since the day of the election.

What? 88. The regime, policy towards the jury

1. The jury is trained, fostering a business, taking part in the trial of the trial of the Court.

The training business, fostering the Court of Appeal, is expected to be in the jurisdiction of the Court, which has the support of the local budget as defined by the law.

2. The Circuit Court is cadre, civil service, officials, military workers, and defense workers, and the time for the task force is charged at the time of office work in the agency, unit.

3. The jury is honoured and rewarded by the rule of law on the competition, commendation.

4. The jury is entitled to a trial, which is granted a uniform, a Certificate of Justice to serve as a trial.

The sub-level regime, the costume, and the use of the dress, and the use of the costume, the Certificate of Honor, by the Standing Committee of the National Assembly, on the recommendation of the Chief Justice of the Supreme People's Court.

What? 89.

1. Be loyal to the Fatherland, the example of the Constitution and the law.

2. Participate in the trial by the Chief Justice of the Court without being refused, except for the case for a legitimate reason or by the statute of law.

3. Independent, unprivate, objectively in the trial, which contributes to the protection of justice, protection of human rights, citizenship, protection of the socialist regime, the protection of the interests of the State, the right and the legitimate, political, and political benefits of the organization.

4. Respect the people and bear the oversight of the people.

5. Keep the state secret and to secretly work under the rule of law.

6. Positive learning to raise legal knowledge and a trial career.

7. Internal Executive, Rules of the Court.

8. Accountable to the law on the execution of duty, its powers; if the violation of the law is subject to the nature, the degree of violation that is subject to the discipline of dismissal or the pursuit of criminal responsibility by the rule of law.

The Court, while carrying out his duties, damages the Court in which the Court executed a trial for the trial, and the Court was responsible for the damages of the Court by law.

What? 90. The dismissal condition, the Circuit Court

1. The jury may be dismissed for reasons of health or other major reasons.

2. The jury is dismissed when there is a violation of moral ethics or that there is no longer a violation of the law.

What? 91. The jury; the responsibility of the agency, the organization, the people ' s armed unit for the Circuit Court

1. The jury is organized into a jury.

The Central Committee of the National Front of Vietnam presided in coordination with the Ministry of the Interior and Supreme People ' s Court of the Standing Committee of the National Assembly to enact the Organisitalization and Operations Regulation.

2. Chief Justice of the Provincial People's Court, the central city of the district, the District Court of the District, the district, the town, the city of the province and the equivalent, the Military District Court and the equivalent, the Regional Military Tribunal assigned the Trial to the Trial. Yes, it's a trial request.

3. Agency, organization, human armed unit whose people are elected or elected as the Court is responsible for facilitalation of the Court for duty.

4. During the time of the Court on duty under the assignment of the Chief Justice of the Court, the organization, the armed unit of the People's Armed Security Council, has not been assigned, assigned to the jury, except for the special case, and informed the Chief Justice. The court knows.

Chapter IX

COURT CLERK, JUDGE.

What? 92. Secretary of the Court

1. The clerk of the Court is the person with a law degree to be elected by the Court of Appeal, which is trained in the Secretariat of the Court and appointed to the Secretariat of the Court.

The Court clerk has the tranche:

a) Secretary;

b) Main clerk;

c) Senior clerk.

The standard, condition, and examination of the Secretariat of the Court are appointed by the Chief Justice of the Supreme Court.

2. The Supreme People ' s Court, the High Court of People's Court, the Central Military Court, the Provincial Court of the People, the central city, the Military Court of the Military District and the equivalent of the Secretariat of the Court stipulated at one Article.

The district court, county, town, town, and the equivalent, the Regional Military Tribunal has the Secretariat of the Secretariat stipulated at the point a and point b 1 Article.

3. Chief Justice of the Supreme People 's Court appointed to the Secretariat of the Court at the Supreme People' s Court and appointed to the Senior Clerk 's quota at the High School of People' s Court, the Central Military Court, the Provincial People ' s Court, the central city district, The Military District Court and the equivalent.

The Chief Justice of the Supreme People's Court, the Central Military Tribunal appointed to the Secretariat of the Secretariat, the chief clerk at the High Court of People's Court, the Central Military Tribunal.

The Chief Justice of the Provincial People's Court, the central city of the Central Committee appointed to the Secretariat, the chief clerk at the Provincial People's Court, the central city and in the District People's Court, the district, the town, the province, the province, and the equivalent.

The Chief Justice of the Military Tribunal for the Military District and the equivalent of appointing to the Secretariat, the chief clerk at the Military District Court and the equivalent. Regional Military Court.

4. The Court Secretary has the mandate, the following powers:

a) As the Secretary of the Court, conduct the proceedings under the rule of law;

b) perform administrative, judicial and other duties under the assignment of the Chief Justice of the Court.

5. The Court Secretary is accountable to the law and before the Chief Justice of the Court on the exercise of duty, his jurisdiction.

What? 93.

1. The inquisitalization of the Court of Justice as a Court clerk has served as the Court Secretary for the next five years, trained as a member of the Court of Appeals and appointed to the Judge's tranche.

The coroner had the tranche:

a) Judge;

b) principal investigator;

c) Senior judges.

The criteria, conditions and the examination of the Appeals tranche by the Chief Justice of the Supreme Court of the Supreme People.

2. The Supreme People 's Court, the High Court of People' s Court, the Central Military Court has the Judges stipulated at 1 Article.

The Provincial People's Court, the central city of the district, the Military District Court and the equivalent, the District Court of the District, the district, the town, the city of the province, and the equivalent, the Regional Military Tribunal has the Judges stipulated at a point and a b point. One thing.

3. Chief Justice of the Supreme People 's Court appointed to the Jury tranche at the Supreme People' s Court and appointed to the Senior Jury tranche at the High School of People ' s Court, the Central Military Court.

The Chief Justice of the Supreme People's Court, the Chief Justice of the Central Military Tribunal appointed to the Judges, the chief justice officer at the High Court of People's Court, the Central Military Tribunal.

The Chief Justice of the Provincial People's Court, the central city of the Central Committee appointed to the Judges, the chief magistrate at the Provincial People's Court, the central city and in the District People's Court, the district, the town, the province, and the city. Yeah.

The Chief Justice of the Military Tribunal and the equivalent of appointed to the Judges, the chief justice officer at the Military District Court and the equivalent, the Regional Military Tribunal.

4. The coroner has the mandate, the following powers:

a) The case of cases of cases in which the sentence, the decision of the Court has been in effect of law in accordance with the assignment of the Chief Justice of the Court;

b) conclude the appraisal and report of the results of the trial with the Chief Justice;

c) The Court of Appeals for the Court of Appeals helps the Chief Justice of the Court to perform duties on the execution of the jurisdiction under the jurisdiction of the Court;

d) Perform other tasks under the assignment of the Chief Justice of the Court.

5. The inquisitor is accountable to the law and before the Chief Justice of the Court on the execution of duty, his jurisdiction; if there is a violation of the law, the degree of violation, the degree of violation that is disciplined or pursued by law. The rules of the law.

What? 94. The regime, policy towards the Secretary of the Court, Judge

1. The state has a priority policy on wages, which is subordinate to the Secretary of the Court, the Examine.

The wage regime, which is due to the Standing Committee of the National Assembly.

2. The Secretary of the Court, the Examine is granted the costume, the title card. The costume, the title card, is due to the Supreme People's Court.

3. Secretary of the Court, Jury is fostering for a career in trial and facilitalation of learning, research to raise the level of the degree.

4. The clerk of the Court, the judge is rewarded with the rules of the law on the competition, commendation.

Chapter X

SECURE THE ACTIVITIES OF THE PEOPLE ' S COURT

What? 95. The number of Judges, People 's Court' s payroll

1. The number of Supreme Court justices is prescribed at paragraph 1 Article 22 of this Law.

2. The number of other court judges, the proportion of judges the judges at each level of the Court, and the total payroll of the People's Court by the Standing Committee of the National Assembly decide on the recommendation of the Chief Justice of the Supreme People after the government's opinion.

3. The number of Judges, the proportional structure of judges at each level of the military court and the total payroll of the Military Court by the Standing Committee of the National Assembly decided on the recommendation of the Chief Justice of the Supreme People after unification with the Minister of National Affairs. Uh,

4. Based on the total payroll, numbers, the proportional structure of the Judge tranche has been decided by the Standing Committee of Congress, the Chief Justice of the Supreme People ' s Court:

a) The distribution of the commission, the number of other Court justices; the other public, the official and the labourers of the units of the People ' s Courts;

b) The number of Judges, the number of Judges of the Military Courts after unification with the Minister of Defense.

What? 96. People 's Court' s operating budget

1. The operating budget of the Supreme People 's Court, the High People' s Court, the Provincial People ' s Court, the central city of the district, the District Court, the district, the town, the provincial city and the equivalent of the National Assembly Government decided after the governor. The Supreme Court of the Supreme Court. In the case of the Government and the Supreme People's Court that does not agree on the functioning budget of the People's Court, the Supreme Court of the People's Court petits Congress to review it.

2. The operational budget of the Military Tribunal is coordinated by the Ministry of Defense in conjunction with the Supreme People ' s Court to envisage and offer the Government to the National Assembly to decide.

3. Management, allocation, level, and use of funding are made under the provisions of the State Budget Law and other relevant laws.

4. The state prioritits the investment of facilities, developing information technology for the People ' s Court.

What? 97. The regime, policy towards other civil justice, the official and the workers of the People ' s Court.

The other public, the officer and the workers of the Court of the People's Court are granted a dress and the degree of policy according to the law.

Chapter XI

EXECUTION CLAUSE

What? 98.

1. This law is in effect from 1 June 2015, minus 1 Article 4, Article 24, Article 34, point b 1 Article 38, Article 41, paragraph 1 Article 45, Article 46, paragraph 4 Article 51, paragraph 3 Article 58, Article 67, Article 67, paragraph 69, paragraph 69, Article 70, Article 71, Article 72, Article 73, paragraph 2 Article 95 is valid since 1 February 2015.

2. This law replaces the Law hosting the People ' s Court 33 /2002/QH10.

Ordinance of Judges and Court of the People's Court 02 /2002/PL-UBTVQH11, The ordinance of amendment, added some of the French Inquisition and the Court of the People ' s Court. 14 /2011/PL-UBTVQH12 The effect of this law is effective.

The ordinance of the Military Tribunal. 04 /2002/PL-UBTVQH11 The validity of this law is effective, except for regulations on Articles 3, 4, 5, paragraph 1 Article 26, paragraph 2 Article 29 continues to be valid until it is cancelled.

The law was appointed by the National Socialist Republic of Vietnam XIII, the 8th session through November 24, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong