What is the organizational structure of the superior people’s court in Vietnam? What are the titles of the superior people’s court?
- What is the organizational structure of the superior people’s court in Vietnam? What are the titles of the superior people’s court?
- What are the titles of Judicial Committees of superior people’s court in Vietnam?
- What are the duties and powers of specialized tribunals of superior people’s courts in Vietnam?
- Which agency has the right to establish or dissolve superior people’s courts in Vietnam?
- What are the duties and powers of the Chief Justice of the superior people’s court?
What is the organizational structure of the superior people’s court in Vietnam? What are the titles of the superior people’s court?
Pursuant to the provisions of Clause 1, Article 30 of the 2014 Law on Organization of People’s Courts in Vietnam, the organizational structure of a superior people’s court consists of:
- The judicial committee;
- The criminal, civil, administrative, economic, labor, family and juvenile tribunals.
In case of necessity, the National Assembly Standing Committee shall decide to establish another specialized tribunal at the proposal of the Chief Justice of the Supreme People’s Court;
- The assisting apparatus.
At the same time, according to the provisions of Clause 2, Article 30 of the 2014 Law on Organization of People’s Courts in Vietnam, the titles of the superior people’s court include:
- Chief justice;
- Deputy chief justices;
- Presidents of tribunals;
- Vice presidents of tribunals;
- Judges;
- Examiners;
- Court clerks;
- Other civil servants and employees.
What is the organizational structure of the superior people’s court in Vietnam? What are the titles of the superior people’s court?
What are the titles of Judicial Committees of superior people’s court in Vietnam?
Pursuant to the provisions of Clause 1, Article 31 of the 2014 Law on Organization of People’s Courts in Vietnam stipulating as follows:
Judicial committees of superior people’s courts
1. A judicial committee of a superior people’s court shall be composed of the chief justice, deputy chief justices being high-level judges and a number of high-level judges decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the superior people’s court.
The number of members of the judicial committee of a superior people’s court must be between eleven and thirteen.
Thus, a judicial committee of a superior people’s court shall be composed of the chief justice, deputy chief justices being high-level judges and a number of high-level judges decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the superior people’s court.
What are the duties and powers of specialized tribunals of superior people’s courts in Vietnam?
Pursuant to Article 33 of the 2014 Law on Organization of People’s Courts in Vietnam on the duties and powers of specialized tribunals of superior people’s courts as follows:
Specialized tribunals of superior people’s courts shall conduct appellate trial of cases in which judgments or decisions of people’s courts of provinces or centrally run cities within their territorial jurisdiction which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.
Which agency has the right to establish or dissolve superior people’s courts in Vietnam?
Pursuant to Article 4 of the 2014 Law on Organization of People’s Courts in Vietnam stipulating as follows:
Competence to establish and dissolve people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, people’s courts of provinces and centrally run cities, superior people’s courts and military courts
1. The National Assembly Standing Committee shall decide to establish and dissolve people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent; people’s courts of provinces and centrally run cities; and superior people’s courts, and stipulate the scope of territorial jurisdiction of superior people’s courts at the proposal of the Chief Justice of the Supreme People’s Court.
2. The National Assembly Standing Committee shall decide to establish and dissolve regional military courts and military courts of military zones and the equivalent, and stipulate the scope of territorial jurisdiction of each court at the proposal of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.
Thus, the National Assembly Standing Committee shall decide to establish and dissolve the superior people’s court at the proposal of the Chief Justice of the Supreme People’s Court.
What are the duties and powers of the Chief Justice of the superior people’s court?
Pursuant to Clause 2, Article 35 of the 2014 Law on Organization of People’s Courts in Vietnam stipulating the duties and powers of the Chief Justice of the superior people’s court as follows:
- To organize the adjudicating work of his/her court; to organize the implementation of the principle that judges and assessors shall conduct trials in an independent manner and obey only the law;
- To chair meetings of the judicial committee of his/her court;
- To protest according to cassation and reopening procedure against legally effective judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent under their territorial jurisdiction in accordance with the procedural law;
- To appoint, relieve from duty or dismiss position holders in his/her court, except judges and deputy chief justices;
- To report on his/her court’s work to the Supreme People’s Court;
- To perform the duties and exercise the powers prescribed by the procedural law; and to settle other matters in accordance with law.
Nguyễn Thị Hồng Nhung