Supreme People's Court's directive on implementation of consolidating the organization of the People's Court apparatus.

Supreme People's Court's directive on implementation of consolidating the organization of the People's Court apparatus. (Image from the internet)

On July 31, 2024, the Supreme People's Court of Vietnam issued Directive 04/2024/CT-CA on the implementation of the Law on the Organization of People's Courts 2024.

Supreme People's Court's directive on implementation of consolidating the organization of the People's Court apparatus.

To ensure the necessary conditions for the prompt, systematic, unified, and effective implementation of the Law on the Organization of People's Courts 2024, the Chief Justice of the Supreme People's Court requires the heads of units under the Supreme People's Court, the Chief Justices of the People's Courts, and military courts to focus on leadership and direction, implementing the following points on reorganizing the structure of the People's Courts in Vietnam:

(1) Establish and define the tasks and powers of units under the Supreme People's Court.

Establish and define the tasks and powers of the departments, bureaus, and equivalent entities, as well as the press agencies under the Supreme People's Court, ensuring streamlined, effective operation, avoiding overlap in functions and tasks; efficiently and reasonably using staffing, facilities, and working means; in line with the specific operational nature of the courts to effectively assist the Supreme People's Court in performing its assigned functions, tasks, and powers under the Law.

The Personnel and Organization Department presides and cooperates with relevant units to organize the implementation, ensuring the completion of the designated progress.

The heads of units under the Supreme People's Court are responsible for proactively reviewing and proposing additions or changes regarding the functions, tasks, and organizational structure of their units, reporting to the responsible Deputy Chief Justice of the Supreme People's Court and sending these to the Personnel and Organization Department for summary and proposal.

(2) Establish High People's Courts and reorganize the structure of units under the High People's Courts

Review the workload of the High People's Courts to study and propose the establishment of an additional High People's Court to alleviate the current overload in resolving cases within the jurisdiction of the High People's Courts.

Establish and determine the number of courts and bureaus within the organizational structure of the High People's Courts based on the actual work requirements of each court and bureau, ensuring streamlined, effective operation; efficient and reasonable use of staffing, facilities, and working means.

The Personnel and Organization Department presides and cooperates with relevant units to organize the implementation, ensuring the completion of the designated progress.

The Chief Justices of the High People's Courts are responsible for reviewing and proposing the establishment of new courts and bureaus, determining the number of courts and bureaus within the organizational structure of the High People's Courts.

The Office of the Supreme People's Court presides and cooperates with the High People's Courts and related units to propose that competent authorities designate the headquarters of the High People's Courts as important political targets guarded and protected by the people's police force according to the law.

(3) Establish specialized First Instance People's Courts

Establish specialized First Instance People's Courts, determining the number of these specialized courts, and the territorial jurisdiction of each specialized First Instance People's Court based on their functions, tasks, powers, and the specific nature of adjudication of each specialized First Instance People's Court according to the Law on the Organization of People's Courts 2024; considering the estimated number of cases to be resolved annually, geographical characteristics, population density, and the economic and social situation of different regions, ensuring effective court operations.

Establish and define the tasks and powers of the supporting apparatus within the specialized First Instance People's Courts to effectively assist these courts in performing their assigned functions, tasks, and powers under the Law; ensuring streamlined, effective operation; efficient and reasonable use of staffing, facilities, and working means.

The Personnel and Organization Department presides and cooperates with relevant units to organize the implementation, propose staffing, appoint Judges, Court Examiners, Court Clerks, and other officials, ensuring these units become operational once the procedural laws take effect.

The Personnel and Organization Department presides and cooperates with the Court Academy to organize training or sending personnel abroad for specialized training for Judges, Court Examiners, and Court Clerks working at specialized First Instance People's Courts.

(4) Organize specialized courts and supporting apparatus in the Provincial People's Courts, centrally-run cities, district-level People's Courts

Organize specialized courts and supporting apparatus in the Provincial People's Courts, centrally-run cities, district-level People's Courts based on the expected jurisdiction of each specialized court, and the expected number of specific cases to be resolved in each People's Court (criminal cases; administrative cases; civil, business, commercial, labor matters; cases involving minors; the application of administrative measures at the People's Courts,...) ensuring rationality, streamlined, effective operation.

Establish and define the tasks and powers of the offices, and departments under the Provincial People's Courts, centrally-run cities, and the supporting apparatus under district-level People's Courts, ensuring these courts effectively perform their assigned functions, tasks, and powers under the Law.

The Personnel and Organization Department presides and cooperates with relevant units to organize the implementation, ensuring the completion of the designated progress.

The Chief Justices of the Provincial People's Courts, centrally-run cities, based on the practical situation in their locality, are responsible for reviewing and proposing the organization of courts and departments under the Provincial People's Courts, centrally-run cities; organizing the supporting apparatus under the district-level People's Courts.

(5) Reorganize the structure and operations of the military courts

Reorganize the structure and operations of the military courts based on the new provisions of the Law on the Organization of People's Courts 2024 concerning military courts, the orientation to innovate the organization and operation of the armed forces, ensuring normal operations of the military courts.

The Central Military Court is responsible for cooperating with the Personnel and Organization Department to advise the Chief Justice of the Supreme People's Court on drafting a Resolution on the regulation of coordination between the Supreme People's Court and the Ministry of National Defense in managing the military courts' organization; drafting a Circular of the Chief Justice of the Supreme People's Court on the establishment and definition of tasks and powers of the supporting apparatus of the Central Military Court, Military District Courts, and equivalent, regional Military Courts.

More details can be found in Directive 04/2024/CT-CA issued on July 31, 2024.

Nguyen Ngoc Que Anh

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