Proposal for changing the name of the Provincial/City-level People's Court in Vietnam to the Appellate People's Court

Hello, Lawnet would like to answer your question as follows:

This is the content of the Draft Law on Organization of People's Courts (Amended) currently being drafted by the Supreme People's Court of Vietnam and soliciting opinions on the electronic portal.

The draft contains several prominent points currently under discussion to meet practical implementation needs in the future.

(1) There will be additional Appellate People's Court, First-instance People's Court, Specialized First-instance People's Court

Article 4 of the draft stipulates the organization and authority for establishing the People's Courts (amending and supplementing Articles 3 and 4 of the Law on Organization of People's Courts 2014) as follows:

The organization of the People's Courts includes:

+ The Supreme People's Court;

+ The High People's Court;

+ The Appellate People's Court; (new)

+ The First-instance People's Court; (new)

+ The Specialized First-instance People's Court; (new)

+ The Military Court.

(Accordingly, the Draft has sequentially replaced the provincial/central city level People's Court; the district, town, district-level city, and equivalent People's Courts with the Appellate Court, First-instance Court, and Specialized First-instance Court)

The authority to establish, dissolve the High People's Court, Appellate People's Court, First-instance Court, Specialized First-instance Court, and Military Court is as follows:

+ The National Assembly Standing Committee (NASC) decides on the establishment, dissolution, and jurisdictional scope according to territory of the High People's Court, Appellate People's Court, First-instance Court, Specialized First-instance Court, and stipulates the jurisdictional scope by case type of the Specialized First-instance Court based on the proposal of the Chief Justice of the Supreme People's Court.

+ The NASC decides on the establishment, dissolution, and jurisdictional scope by territory of regional Military Courts, military zone Military Courts, and equivalent based on the proposal of the Chief Justice of the Supreme People's Court after consulting with the Minister of National Defense.

According to the Chief Justice of the Supreme People's Court, this change will not affect the activity and cooperation relations with equivalent procedural agencies but will contribute to implementing the principle of independent adjudication and affirming the legal status of the court in the Socialist Republic of Vietnam.

(2) The new People's Courts will operate according to 9 principles

According to Article 5 of the draft stipulating the principles of organization and operation of the People's Courts (new) as follows:

- Independence according to judicial authority.

- Equality before the law and the Court.

- Prompt, fair, public, impartial, and objective enforcement of judicial rights.

- The first-instance and appellate trial regimes are ensured.

- Implementation of first-instance trial policies with the participation of assessors.

- Judges and assessors adjudicate independently and only comply with the law.

- The court adjudicates collectively and decides by the majority.

- Adversarial arguments in adjudication are ensured.

- The right to defense of the accused, the right to protect legitimate rights and benefits of the parties concerned are ensured.

(3) Proposal of three levels for Supreme People’s Court judges and nine levels for judges

Based on Article 91 of the draft on ranks, levels, and salaries of judges (amending and supplementing Article 66 of the Law on Organization of People's Courts 2014):

- The ranks of judges in the People's Courts include:

+ Judges of the Supreme People's Court;

+ Judges.

- The levels of judges in the People's Courts include:

+ The Chief Justice of the Supreme People's Court holds the highest level in the rank of judges of the Supreme People's Court;

+ Judges of the Supreme People's Court include 03 levels: from level 01 to level 03. The duration for elevating a level for judges of the Supreme People's Court is 05 years;

+ Judges have 09 levels from level 01 to level 09;

+ Salaries of judges are appropriate for their rank and level.

View the Draft here

Sincerely,

Please Login to be able to download