People’s Courts of Vietnam: Basic issues

Specifically, according to Article 3 of the Law on Organization of People’s Courts 2014 of Vietnam, organization of people’s courts includes:

- The Supreme People’s Court.

- Superior people’s courts.

- Courts of provinces and central-affiliated cities.

- Courts of rural districts, urban districts, towns, provincial cities and the equivalent.

- Military courts.

People’s courts shall be independently organized based on their jurisdiction.

Besides, the law also stipulates a number of powers of the Court when trying criminal cases, including:

- To examine and conclude on the legality of procedural acts and decisions of investigators, procurators and defense counsels in the course of investigation, prosecution and trial; to consider the application, change or cancellation of deterrent measures;

- To cease or suspend cases;

- To examine and conclude on the legality of evidences and documents collected by investigating agencies, investigators, procuracies and procurators; and those provided by lawyers, the accused, defendants and other procedure participants;

- When finding it necessary, to return case files to procuracies for additional investigation; to request procuracies to add documents and evidences, or to examine, verify, collect or add evidences in accordance with the Criminal Procedure Code;

- To request investigators, procurators and other people to present matters related to cases at hearings; to institute criminal cases when detecting omission of crimes;

- To make decisions to exercise other powers in accordance with the Criminal Procedure Code.

Concurrently, according to Vietnam’s regulations, the first-instance and appellate trial system shall be guaranteed:

- First-instance judgments and decisions of courts may be appealed or protested against in accordance with the procedural law.

- First-instance judgments and decisions that are not appealed or protested against within the time limit prescribed by law shall take legal effect.

- Cases in which first-instance judgments or decisions are appealed or protested against shall be brought to appellate trial. Appellate judgments and decisions of courts shall take legal effect.

- In case a violation of law is detected in a legally effective judgment or decision of a court or a new circumstance arises as prescribed by the procedural law, such judgment or decision shall be re-considered according to cassation or reopening procedures.

This is the contents of Articles 2, 5 and 6 of the Law on Organization of People’s Courts 2014 of Vietnam.

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