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Act 33/2002/qh10: Organization Of People's Court

Original Language Title: Luật 33/2002/QH10: Tổ chức Tòa án nhân dân

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PARLIAMENT'S LAW Committee of the National Assembly to ratify;

12. check the manage my organization and use of funds in the scope of responsibility of the Court to ensure the đúngquy of the law on the budget; perform other work under the địnhcủa law.

Article 26 the Deputy Chief Justice of the High Court of human dântối Chief Justice assumed the duties as assigned by the Chief Justice. When Chief ánvắng, a Deputy Chief Justice Chief Justice was commissioned on behalf of the leader of the tácTòa project. Deputy Chief Justice is responsible before the Chief Justice about the assigned task.

Chapter III LOCAL COURT entry A PROVINCIAL PEOPLE'S COURTS, the CENTRAL CITY in Article 27 1-organizational structure of the ánnhân population of the province, central cities include: a) the Committee of judges;

Criminal Court, Court b), Tòakinh, the Labour Court, the Administrative Court; in case of necessity the Committee thườngvụ the Parliament decided to set up the Court of other professional củaChánh as suggested the Supreme People's Court;

c) assisting apparatus.

2-people's Court, centrally thànhphố to have the Chief Justice, the Associate Chief Justice, judge, court clerk, thẩmnhân.

Article 28, the people's Court of phốtrực under central authority: 1-the first instance the case according to the law quyđịnh the proceedings;

2-the appeal of the case that bảnán, the decision of first instance not valid law of the courts below was khángcáo, an appeal under the provisions of the law in the proceedings;

3-Cassation, re-thẩmnhững the case that the judgment, the decision has force of law court dướibị an appeal under the provisions of the law in the proceedings;

4-to resolve the kháctheo the rule of law.

Article 29 1-nhândân Court judge Committee of the central cities, including: a) the Chief Justice, the Associate Chief Justice ánTòa people of the province, the central cities;

b) some nhândân the Court judge, central cities by the Chief Justice the Court people caoquyết according to the proposal of the Chief Justice of the provincial people's Court, city thuộctrung.

The total number of Committee members Thẩmphán people's Court, the central city in no more than nine people.

2-judge Committee of the nhândân province, central cities have the duties and powers sauđây: a) of Cassation, re-thẩmnhững the case that the judgment, the decision has force of law the appeal dướibị Court;

b) ensure the application of thốngnhất law in his court and the subordinate courts;

c) summarizing the experience of the trial;

d) through the report of the Chánhán people's Court, the city directly on the work of the local project cácTòa to the report before the Council the same level and with the Court of ánnhân.

3-the session of the Committee of provincial people's Court judge, Central trựcthuộc city must have at least two thirds of the total membership to participate. Quyếtđịnh of human dântỉnh Court judge, central cities must be half the total members biểuquyết approval.

Article 30 1-The dedicated people of the Tòaán, the central cities have stations, Deputy Chief Justice of the Court, judge, court clerk.

2-Criminal Court, Civil Court administrative court vàTòa the people of the province, central cities have some night missions and powers: a) at first instance the case according to the law quyđịnh the proceedings;

b) appeals the case that bảnán, the decision of first instance not valid law of the courts below was khángcáo, an appeal under the provisions of the law in the proceedings.

3-Economic Court of human dântỉnh Court, central cities have the following powers and duties: a the first instance economic cases) tếtheo rules of law in the proceedings;

b) appeals the case to kinhtế that the verdict, the decision of first instance not valid law of the dướibị Court of appeal, an appeal under the provisions of the law in the proceedings;

c) solve the bankruptcy theoquy law.

4-Court dântỉnh Court of human labour, central cities have the following powers and duties: a) the first instance the case of tuberculosis độngtheo law regulations in the proceedings;

b) appeals the case to laođộng that the verdict, the decision of first instance not valid law of the dướibị Court of appeal, an appeal under the provisions of the law in the proceedings;

c) solving the đìnhcông under the provisions of the law.

Article 31 1-Chief Justice of the City Court of human dântỉnh, centrally have the following powers and duties: a) xétxử work organization;  

b) preside the sessions of the Committee of judges;

c) protest under procedure of a retrial, jurors giámđốc judgment, the decision has force of law to the Court of áncấp under the provisions of the law in the proceedings;

d) appointment, dismissal, cáchchức stations, Deputy Chief Justice Court the Court dedicated to other trongTòa projects and their level, except the Vice Chief Justice, judge;

DD) organization fostering career vụcho the judge, jurors and court officers and subordinates;

e) reports the work of the Tòaán local Council the same level and with the Supreme People's Court;

g) made the task of kháctheo the provisions of the law.

2. Deputy Chief Justice of the City Court of human dântỉnh, directly helping Chief Justice served as the phâncông of the Chief Justice. When the Chief Justice is absent, a Deputy Chief Justice is the Chief Justice on behalf of the ủynhiệm leader of the work of the local courts. Deputy Chief Justice subject to tráchnhiệm before the Chief Justice about the assigned task.

CATEGORY B DISTRICT PEOPLE'S COURT, County, TOWN or city in the Article 32 1. District people's Court, County, town, city in the province of Chánhán, have one or two Deputy Chief Justice, judges and people's assessors, Secretary to the Court.
District people's Court, County, town, city in the province to have the help.

2. the people's Court of the district, the County, towns and cities in the jurisdiction at first instance the case under địnhcủa law in the proceedings.

Article 33 1. The Chief Justice, the Court of human dânhuyện, a town, a city in the province has the duty and authority sauđây: a) organize the work trial vàcác other work prescribed by law;

b) reported the work of the people's Council ántrước the same level and with the superior court directly.

2. Deputy Chief Justice Chief Justice ánlàm help the mission as assigned by the Chief Justice and responsible to the Chief of ánvề tasks.

Chapter IV MILITARY COURT Article 34 1. The military court is the UK in the Vietnam people's army to the trial of the case which the accused is quânnhân active and other cases prescribed by law.

2. The military court include: a) the Central Military Court;

b) the courts of military khuvà equivalent;

c) The military court area.

3. Military personnel, civil servants and côngnhân defense work in military courts have the rights and obligations under the chếđộ of the army; enjoy the extra mode level with regard to the judiciary.

Article 35 1. The Central Military Court cóChánh Court, the Associate Chief Justice, judge, court clerk.

Chief Justice of military court of Central ươnglà Deputy Chief Justice of the Supreme People's Court, the judge of the Central Military Court làThẩm judge of the Supreme People's Court.

2. The Court of military zone and tươngđương have the Chief Justice, the Associate Chief Justice, judges, assessors, Secretary Tòaán.

3. The cóChánh project area, the Deputy Chief Justice, judges, jurors, court clerk.

Article 36 the Organization and operation of the cácTòa by the Commission of the national hộiquy.

Chapter V the JUDGE and JURORS Article 37


1. The population of Vietnam trungthành with the nation and the Constitution of the Socialist Republic of Vietnam, have good moral, phẩmchất, incorruptible and honest, uncompromising spirit vệpháp Socialist regime security, law degree qualified and trained vềnghiệp service trial, have time to do the work practices specified by phápluật , have the capacity to do the work of judging, have health guarantees complete vụđược delivery can be recruited and appointed judge.

2. The population of Vietnam trungthành with the country and the Constitution of the Socialist Republic of Vietnam, there is phẩmchất, good moral, honest and incorruptible, legal knowledge, have the essential thầnkiên decision to protect the Socialist legislation, had secured thànhnhiệm completed the health service be delivered, may be elected or appointed assessors.

3. Judges and assessors responsible before the law chịutrách on the implementation of its powers, duties vàphải keep secret the work according to the rule of law; If there are phạmpháp laws then acts depending on the nature and extent of the violation being disciplined or bịtruy save for criminal liability in accordance with the law.

4. The judge, jurors trongkhi perform tasks, their powers that cause damage, the nơiThẩm Court judges then accomplished the task of adjudication must be responsible for the reimbursement thườngvà judges, assessors have cause damage are responsible to reimburse the Court theoquy the law.

5. specific standards of Thẩmphán court assessors, each level, selection procedures, appointment, dismissal, resignation or election, elected judges, jurors, recall the right vànghĩa service of judges, the appeals by the Commission of the National Assembly.

Article 38 judges, assessors must tôntrọng the people and subject to the supervision of the people.

When performing their duties, quyềnhạn, judge, jurors have the right to contact the State Agency, the national banMặt Commission and the front's member organizations, social hộikhác, economic organizations, people's armed units and citizens. Within the scope of his mission, chứcnăng, agencies, organizations and citizens are responsible for tạođiều event to the judge, the judge on duty.

Prohibits any acts that plagued trởThẩm judges perform their duties.

Article 39 People had enough of quyđịnh standard in clause 1 Article 37 of this law to be appointed a judge to fellow judge selection đượcHội selection and recommendation.

Organization and operation of the Hộiđồng selection of judges, the relationship between the selection board judge with the Supreme People's Court of Chánhán by the banThường Committee of the National Assembly decided at the suggestion of the tốicao people's Court Chief Justice.

2. The number of judges and the Hộithẩm military personnel of the military court because of