Tasks of powers of the Court of first instance in Vietnam

Tasks of powers of the Court of first instance in Vietnam (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.

Tasks of powers of the Court of first instance in Vietnam

According to Article 23 of the Law on the Organization of People's Courts 2024, the tasks of powers of the Court of first instance in Vietnam are stipulated as follows:

- The Court of first instance has the authority to review, evaluate, and assess fully, objectively, and comprehensively all aspects of the case based on documents, evidence, the outcome of debates, and legal provisions to decide on matters of the case.

- The Court of first instance, in adjudicating and resolving the case, has the following Tasks of powers:

+ To review, accept the case; organize court sessions, hearings to adjudicate and resolve the case;

+ To guide, request related agencies, organizations, and individuals to collect, provide, and submit documents and evidence to adjudicate and resolve the case;

+ To decide on the application, change, annulment of preventive measures, coercive measures, or urgent temporary measures;

+ To make decisions recognizing the agreement of the involved parties, recognizing successful mediation results of the involved parties;

+ To decide to bring the case to trial, suspend, discontinue the resolution of the case, resume criminal cases, adjourn, temporarily halt court sessions, hearings, continue adjudicating, resolving the case;

+ To request investigators, procurators, and other individuals to present related issues to the criminal case at court sessions;

+ To review and conclude the legality of procedural decisions and actions of procedural conductors and participants during the trial and resolution of the case;

+ To review and conclude the legality of documents and evidence collected, provided, and submitted by agencies, organizations, and individuals to the court;

+ To return the files requesting the procuracy to conduct additional investigations;

+ To discover and make recommendations regarding the constitutionality and legality of legal documents during the trial and resolution of the case;

+ To explain the application of the law in adjudicating and resolving cases;

+ To issue judgments and decisions;

+ To resolve requests, proposals, recommendations, complaints about procedural decisions and actions;

+ To perform other Tasks of powers as prescribed by law.

Regulations on guarantee of the first-instance and appellate trial system in Vietnam

- The court ensures the regulations ensure first-instance and appellate trial system.

First instance judgments and decisions of courts may be appealed or protested according to the provisions of law. First instance judgments and decisions that are not appealed or protested within the statutory time limit will become legally effective.

First instance judgments and decisions that are appealed or protested must be adjudicated and resolved according to appellate procedures. Appellate judgments and decisions of the court are legally effective.

- Judgments and decisions of courts that have become legally effective, if found to contain legal violations or new circumstances according to the provisions of law, are reconsidered under the procedures for cassation or reopening.

(Article 9 Law on the Organization of People's Courts 2024)

Le Nguyen Anh Hao

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