Duties and powers of the specialized people's courts of first instance from January 1, 2025

Duties and powers of the specialized people's courts of first instance from January 1, 2025 (Image from the Internet)

Law on the Organization of People's Courts 2024 was approved by the 15th National Assembly of the Socialist Republic of Vietnam, 7th session on June 27, 2024.

Duties and powers of the specialized people's courts of first instance in Vietnam from January 1, 2025

According to Article 62 of the Law on the Organization of People's Courts 2024, the duties and powers of the specialized first instance people’s courts in Vietnam from January 1, 2025 are defined as follows:

(1) Administrative Specialized First Instance People's Court

- Hear at first instance level administrative cases concerning the lawsuits against administrative decisions, administrative acts of state administrative agencies, and persons with authority in state administrative agencies from the provincial level upwards, except for the cases stipulated at point a, clause 2, Article 62 of the Law on the Organization of People's Courts 2024; lawsuits against dismissal decisions of the heads of agencies, organizations from the provincial level upwards as per the Law on Administrative Procedures;

- Issue decisions to enforce judgments, and decisions of the court regarding administrative cases that have taken legal effect according to the law;

- Sanction administrative violations for acts obstructing procedural activities as per the law;

- Summarize practical trial experiences; recommend legal precedents;

- Perform duties and powers specified at points d and dd, clause 2, Article 3 of the Law on the Organization of People's Courts 2024 and other duties and powers as per the law.

(2) Intellectual Property Specialized First Instance People's Court

- Hear at first instance level cases related to intellectual property as per the Civil Procedure Code; Hear at first instance level administrative cases related to intellectual property as per the Law on Administrative Procedures;

- Issue decisions to enforce judgments and court decisions regarding administrative cases related to intellectual property that have taken legal effect according to the law;

- Sanction administrative violations for acts obstructing procedural activities as per the law;

- Summarize practical trial experiences; recommend legal precedents;

- Perform duties and powers specified at points d and dd, clause 2, Article 3 of the Law on the Organization of People's Courts 2024 and other duties and powers as per the law.

(3) Bankruptcy Specialized People's Court

- Resolve bankruptcy cases within the jurisdiction of the people's courts as per the law;

- Sanction administrative violations for acts obstructing procedural activities as per the law;

- Summarize practical trial experiences in bankruptcy case resolution; recommend legal precedents;

- Perform duties and powers specified at points d and dd, clause 2, Article 3 of the Law on the Organization of People's Courts 2024 and other duties and powers as per the law.

Note: When the Law on the Organization of People's Courts 2024 takes effect, the courts will continue exercising the first instance trial jurisdiction of administrative cases; first instance trials, and resolution of intellectual property cases; resolution of bankruptcy cases as per the procedural laws, bankruptcy laws until the specialized first instance people’s courts are established and operate according to the law. (Clause 5, Article 152 of the Law on the Organization of People's Courts 2024)

Organizational structure of the specialized people's courts of first instance in Vietnam from January 1, 2025

The specialized first instance people’s courts shall have the following organizational structure:

- A specialized first instance people's court shall have a Chief Judge, Deputy Chief Judge, Judges of the People's Court, Court Examiners, Court Clerks, other officials, and employees. The Judges working at specialized first instance people’s courts shall have expertise and work experience in the areas under the jurisdiction of the specialized first instance people’s courts.

- The specialized first instance people's court shall have an assisting apparatus.

The Chief Judge of the Supreme People's Court shall decide on the establishment and stipulate the duties and powers of the assisting apparatus of the specialized first instance people's court.

(Article 63 of the Law on the Organization of People's Courts 2024)

The Law on the Organization of People's Courts 2024 takes effect from January 1, 2025 and replaces the Law on the Organization of People's Courts 2014.

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