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Law Of The People's Court Held:

Original Language Title: Luật Không số: Tổ chức Tòa án nhân dân

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LAW on ORGANIZATION of PEOPLE'S COURTS pursuant to article 98, Chapter VIII of the Constitution of the Democratic Republic of Vietnam, this law regulates the Organization of people's courts.
 
Chapter I GENERAL PRINCIPLES article 1 The courts are the judicial organs of the country the Democratic Republic of Vietnam.
Civil courts judging civil and criminal cases to punish the perpetrators and tackle the work of civil disputes among the people.
The purpose of the trial is to protect the people's democracy, social order, public property and legal rights of the people, contributing to the building of socialism in the North and the struggle to make reunification progress.
In all its activities, the people's courts education citizens loyal to the fatherland, with the democratic regime, respect for public property, voluntary compliance with the law, the labour discipline and rules of social activities.
The people's courts of criminal sanction not only punish, but also to educate inmates and renovate them.
Article 2 The civil courts include:-Supreme People's courts, people's courts-local,-The military courts.
The local people's courts include: the people's courts of the cities directly under central or equivalent administrative units, the people's courts of districts, provincial city, town or equivalent administrative units, the people's courts in the autonomous areas.
in the autonomous region, the Organization of people's courts by the local people's Councils of the autonomous area regulation, pursuant to article 95 of the Constitution and the principles of the Organization of people's courts specified in this law.
The Organization of military courts by the Standing Committee of the National Assembly rules, based on the principles of the Organization of people's courts specified in this law.
Article 3 civil courts judging according to the principle of all citizens are equal before the law, irrespective of sex, ethnicity, race, religion, creed, social status and social components.
Article 4 When judging, people's courts have the right to independence and only obey the law.
Article 5 The people's Court practice judge elected regime.
Article 6 The trial in the people's courts are public, except in special cases where the courts deem confidential treatment need to preserve state secrets or preserving social ethics.
Article 7 Rights of the accused are guaranteed.
In addition to the work itself out, the accused can ask lawyers for himself. The accused can also thanks to the citizens of the people's Union was introduced or are the people's courts to accept excuses for themselves. When necessary, the court appointed the people's excuses for defendants.
Article 8 courts guaranteed for citizens belonging to ethnic minorities have the right to use the voice, his nation's written before the courts. When necessary, the people's courts must appoint an interpreter to ensure implementation of that right.
Article 9 civil courts practiced two trial mode.
Litigants have a right against the judgment or decision of the Court of first instance acted up people's courts on a level.
The people's Procuratorate at the same level and on a level have the right to appeal the verdict or the decisions of first instance courts.
If the litigant is not against projects or people's Procuratorate did not appeal within the time limit prescribed by law, the judgment or the decision of the first instance of local people's courts will have the rule of law.
Judgments and decisions of the appeal courts, the judgment and the decision of the first instance of the Supreme People's Court of general jurisdiction are the effect and the law.
The death sentence must be the entire Council of judges of the Supreme People's Court review before implementation. Must have two-thirds of the total number of judges of the Supreme People's Court to attend the sessions of the Assembly and half the total number of judges approve the new Council resolution value.
Minister Supreme People's Prosecutor have the right to attend the sessions of the plenary Council of judges of the Supreme People's Court. If Minister Supreme People's Prosecutor does not agree with the resolution of the Council of judges of the Supreme People's Court, the report of the National Assembly Committee review.
Article 10 The judgment and the decision has force of law, if France does have a mistake then was reviewed.
For the judgment and the decision of the local court has the effect of law but discovered the mistake, the Supreme People's Court has the right to review or delivered to the civil courts review subordinates.
For the judgment and the decision of the Supreme People's Court has the effect of law, if found to have mistakes, then the Chief Justice of the Supreme People's Court to give the Committee of judges of the Supreme People's Court review.
For the judgment and the decision was in effect the law of the Court or of the Court under, if discovered there mistake, the local people's courts have the authority raised to the Supreme People's Court review.
Article 11 When the first instance, the courts have jurors the people involved. The people's assessors elected by the people. When judging people's assessors, on par with the judge.
Article 12 courts practice collective trial mode and decided by majority.
When the first instance courts, consisting of one judge and two people's assessors; the trial in the case case simple, small and not important then the courts can treat without the people's assessors.
Upon appeal the verdict, the decision was against the judgment or protest, and when reviewed the judgment, the decision has force of law but discovered the mistake, the local people's Court to three judges. In special cases there may be more people's assessors.
Upon appeal the verdict, the decision was against the judgment or protest, and when reviewed the judgment, the decision has force of law but discovered the mistake, the Supreme People's court composed of three or five judges.
The Chief Justice presiding people's Court trial, or designate another judge presiding the trial.
Article 13 In the Supreme People's courts, the people's courts of the cities directly under central or equivalent administrative units, the people's courts, both autonomous region established the Committee of judges has the task of summarizing the experience of the trial, discussed the case as important or complicated and the issues related to the work of the trial.
The Committee of judges including the Chief Justice, Deputy Chief Justice and a number of judges, the Chief Justice's Committee session control judges. The Committee of judges decided by majority.
Director of people's Procuratorate at the same level have the right to attend the sessions of the Committee of judges.
Article 14 litigants have the right to require the courts to change judges or people's assessors, if you see these people with ties to the case can be made for the trial was not fair. This change by the Chief Justice of the Court of review and decision.
Article 15 of the Supreme People's Court is responsible and report the work before Congress; during the Congress meeting shall not be responsible and report the work Committee of the National Assembly. The local people's Court to take responsibility and work reports before the Council at the same level.
The people's courts under the Director of the superior people's Court on the work trial.
 
CHAPTER II ORGANIZATION and POWERS of the PEOPLE'S COURTS of the people's courts at the district LEVEL, provincial city, town or equivalent administrative units.
Article 16 district people's Court, in the city, town or equivalent administrative first instance trial the criminal and civil provisions by law under the jurisdiction of the courts there.

The people's courts of districts, provincial city, town or equivalent administrative units have the task of reconciling the civil dispute, the arbitration of the criminal trial, and not a little guide to the work of reconciliation in the town and the neighborhood.
Article 17 district people's Court, in the city, town or equivalent administrative unit consists of the Chief Justice and judges, if necessary then Deputy Chief Justice.
PEOPLE'S COURTS Of The Cities DIRECTLY UNDER CENTRAL Or EQUIVALENT ADMINISTRATIVE UNIT.
Article 18 the courts, city in Central or equivalent administrative unit competent: – the first instance of the criminal and civil provisions by law under the jurisdiction of that Court and the case is under the jurisdiction of the civil courts under which the courts of that taken up to address;
-Appeal the judgment and the decision of the lower-level people's courts were against projects or protest.
Article 19 provincial people's Court, city in Central or equivalent administrative unit consists of the Chief Justice, one or more Deputy Chief Justice and judges.
 
THE SUPREME PEOPLE'S COURT.
Article 20 of the Supreme People's Court is the highest judicial body of the country the Democratic Republic of Vietnam. The Supreme People's Court of Directors of the trial of the local people's courts and the military courts.
Article 21 of the Supreme People's Court has jurisdiction:-the first instance of the case by the law of the jurisdiction provisions of the Supreme People's Court and the case is under the jurisdiction of the civil courts under the Supreme People's Court that took up to process;
-Appeal the judgment and the decision of the lower-level people's courts were against projects or protest;
-Review of or delegated to lower level people's Court review of the judgment and the decision has force of law the findings have mistakes;
-To review the death sentence before the judgement that was executed.
The Supreme People's Court to study the rules of the judicial organization, proceedings, criminal, civil, in charge of the training, staff training on the people's courts and the law education among the people. The Supreme People's Court to instruct the courts granted under applicable law and policy, the proceedings in the trial.
The Supreme People's Court has the right to the National Assembly or the Committee of the National Assembly Law project, the project of the Ordinance on the issue in the scope of his professional work.
Article 22 the Supreme People's Court consists of the Chief Justice, one or more Deputy Chief Justice, judges and judges attended.
The Supreme People's Court to have the Courts specialise in criminal, civil and military.
The Organization of the Supreme People's Court to the Appellate Committee by national regulations.
Article 23 held the Supreme People's Court by the national committees regulations.
The work and the payroll of the local people's courts at various levels by the Supreme People's Court instructions follow the General rules about the work and staffing of the State authorities.
 
THE EXECUTIVE PROJECT.
Article 24 In the local people's Court to have the Executive Officer in charge of the enforcement of court judgments and decisions on civil, the process of restitution of property and in the judgments and decisions on criminal.
The police have a duty to enforce the penalty clause in the judgments and decisions on criminal fines, except money.
 
CHAPTER III JUDGES and PEOPLE'S ASSESSORS article 25 citizens have the right to vote and nomination from twenty three years of age can be elected judges or people's assessors.
Article 26 the Chief Justice of the Supreme People's Court elected by the National Assembly and dismissed.
The term of Chief Justice of the Supreme People's Court is five years.
Deputy Chief of police, judge, judge attend and fellow judge Committee of the Supreme People's Court by the Committee of the National Assembly appointed and dismissed at the suggestion of the Chairman of the Committee of the National Assembly.
Article 27 the Chief Justice, Deputy Chief Justice and people's Court judge, city in Central or equivalent administrative unit due to the people's Council, elected and dismissed at the same level. The term of the Chief Justice, Deputy Chief Justice and people's Court judge, city in Central or equivalent administrative unit is four years.
Fellow judge Committee of the people's courts of the people's Council said on the same level of elected and dismissed.
Article 28 Chief Justice, Deputy Chief Justice and judges of the district courts, provincial city, town or equivalent administrative unit due to the people's Council, elected and dismissed at the same level. The term of the Chief Justice, Deputy Chief Justice and judges of the district courts, provincial city, town or administrative units the equivalent is three years.
Article 29 The elections of people's assessors, the term and mode of people's assessors by the national committees regulations.
--------------------------------------------This law was the National Assembly of the Democratic Republic of Vietnam country tags II, first session, passed on July 14, 1960.
 

 



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