Advanced Search

Resolution 56/2002/qh10: About The Enforcement Of Law On Organization Of People's Courts And The Law On Organization Of People's Procuracy

Original Language Title: Nghị quyết 56/2002/QH10: Về việc thi hành Luật Tổ chức Tòa án nhân dân và Luật Tổ chức Viện kiểm sát nhân dân

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Resolution on implementing the law on organization of people's courts and the law on organization of people's Procuratorate the NATIONAL ASSEMBLY of the SOCIALIST REPUBLIC of VIETNAM, pursuant to article 84 of the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of Course Congress X session 10, RESOLUTION: 1. Law on organization of people's courts, the law on organization of people's Procuracy is the National Assembly of the Socialist Republic of Vietnam Lock X 11 session, passed on April 2, 2002 effective October 1, 2002.
2. Since the law on organization of people's courts was announced until the day this law is in effect: a) the management of the local people's Court, the military court on the Organization and the appointment, dismissal, a Vice Chief Justice, judges of the Supreme People's Court, the Chief Justice The Deputy Chief Justice, judge local courts and military court granted still made according to the provisions of current legislation;
b) Ministry of Justice in collaboration with the Supreme People's Court and the Ministry of defence prepared to hand over to the Supreme People's Court of the management of the local people's Court, the Court of military zone and equivalent, the military court of the area of the organization.
The 2002 budget of the local people's Court by the Department of Justice continues to perform and settlement under the provisions of the law on the State budget.
3. Since the law on organization of people's courts and the law on organization of people's Procuracy effect: a) the abolition of the rule of law in the proceedings on the competent first instance trial at the same time the Court appeals common people; the jurisdiction of Cassation, the retrial of the Committee of judges of the Supreme People's Court; about the right to protest under procedure of Cassation of Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy;
b) for the verdict, the decision has been the Deputy Chief Justice of the Supreme People's Court, Deputy Procurator of the Supreme gradually staff protest before 1 October 2002 but have yet to be tried, the Court dedicated to the Supreme People's Court continued the trial of Cassation as specified by the law in the proceedings;
c) abolished the institution of the provincial people's Procuratorate, the central cities, the Procuracy of military zone and equivalents; What do the investigating agency has accepting that the investigation has not ended, then handed over to the authorities of the Supreme People's Procuracy;
d) for the verdict, the decision has been appealed the jurisdiction of Cassation or retrial the judge Committee of the Supreme People's Court, but before October 1, 2002 that the case has yet to be tried, then delivered to the Council of judges of the Supreme People's Court trial under procedure of Cassation or retrial;
DD) with respect to the decision of the Committee of judges of the Supreme People's Court has been protest under procedure of Cassation or retrial, the Council of judges of the Supreme People's Court conducted a trial still under procedure of Cassation or retrial;
e) against the decision of the Committee of judges of the Supreme People's Court which found mistakes or have new details, the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of Cassation or retrial under the provisions of the law of the current proceedings.
4. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of functions, duties and powers of yourself, by yourself or collaborating organization reviewing the legal documents related to the law on the Organization of people's courts, the law on organization of people's Procuracy current to cancel , modify, supplement or enact new text; the Congressional proposals, the Commission of the National Assembly to cancel, modify, supplement or issued new documents for compliance with the provisions of these two laws, ensuring the enforcement of law on organization of people's courts and the law on organization of people's Procuratorate from October 1, 2002.
5. Within the scope of the functions, duties, authority, Government, the Supreme People's Court, the Supreme People's Procuracy is responsible for the implementation of this resolution.
This resolution was the National Assembly of the Socialist Republic of Vietnam Lock X 11 session, passed on 2 April 2002./.