To propose addition of tasks and powers of the People's Court in Vietnam

According to the revised Draft Law on Organization of People's Courts, what will be the changes in the duties and powers of the People's Court? – Thanh Yen (Bac Giang)

To propose addition of tasks and powers of the People's Court in Vietnam

To propose addition of tasks and powers of the People's Court in Vietnam (Internet image)

Based on the revised Draft Law on Organization of People's Courts, there are a number of notable changes and additions to the functions, tasks, and powers of the People's Courts and People's Courts at all levels as follows:

Draft Law amending the Law on Organization of People's Courts

Functions, tasks and powers of the People's Court in Vietnam

In addition to the functions, tasks, and powers prescribed in the Law on Organization of People's Courts 2014, this draft Amended and Supplemental Law adds the following tasks:

(1) Consider and decide on a number of issues related to human rights and civil rights according to the provisions of law.

(2) Adjudicate administrative violations according to the provisions of law.

(3) Consider and decide on legal documents contrary to the Constitution, laws, and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee at the request of competent agencies, organizations and individuals according to the provisions of law.

(4) Consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory detoxification facilities.

Duties and powers of the Supreme People's Court in Vietnam

The following contents will be added to the tasks and powers of the Supreme People's Court:

(1) Consider and decide on legal documents that are contrary to the Constitution, laws, and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee at the request of competent agencies, organizations and individuals according to the provisions of law.

(2) Promulgation of precedents.

(3) Is the standing agency of the National Judicial Council.

Duties and powers of the High People's Court

Law on Court Organization 2014

Draft revised Law on Organization of People's Courts

1. Appeal of a case in which the first instance judgment or decision of the People's Court of a province or centrally run city within its territorial jurisdiction has not yet taken legal effect is appealed or protested against according to regulations of procedural law.

2. Cassation and retrial of legally effective judgments and decisions of People's Courts of provinces and centrally run cities, the People's Court of the district, town, provincial city, and equivalent within the scope of territorial jurisdiction is protested according to the provisions of the procedural law.

1. Appeal of a case in which the first instance judgment or decision has not yet taken legal effect of the Specialized First Instance People's Court or the People's Court of Appeal within the jurisdiction of the territory being appealed or protested against according to regulations of the Law.

2. Cassation and retrial of legally effective judgments and decisions of the People's Court of Appeal, People's Court of First Instance, and Specialized People's Court of First Instance within the scope of territorial jurisdiction protested according to the provisions of law.

Regarding the tasks and powers of the High People's Court, the phrase "not yet in legal effect" was put before the Court to unify the two provisions. 

Change the phrase "People's Court of provinces and centrally run cities" to "People's Court of Appeal"

Change the phrase "People's Court of districts, towns, provincial cities and equivalent" to "People's Court of First Instance"

Adding additional content of appellate handling for the "Specialized People's Court of First Instance"

Duties and powers of the People's Courts of provinces and centrally run cities/People's Courts of Appeal

Law on Court Organization 2014

Draft revised Law on Organization of People's Courts

 1. First instance of the case according to the provisions of law.

2. Resolve other matters according to the provisions of law.

1. Appeal of a case in which the first instance judgment or decision of the first instance People's Court within the scope of territorial jurisdiction has not yet taken legal effect and is appealed or protested against according to the provisions of law.

2. Check legally effective judgments and decisions of the People's Court of first instance within the scope of territorial jurisdiction, when detecting violations of law or new details according to the provisions of procedural law then propose to the Chief Justice of the High People's Court and the Chief Justice of the Supreme People's Court to consider and appeal.

Use the phrase "People's Court of First Instance" instead of "People's Court of districts, towns, provincial cities and equivalent" 

Clearly and specifically stipulate the tasks and powers of the People's Court of First Instance.

Duties and powers of the People's Court of First Instance in Vietnam

Amended and supplemented according to the direction of the People's Court of First Instance with the following duties and powers:

(1) First instance trial of cases according to the provisions of law, except for cases falling under the jurisdiction of the People's Court of First Instance and the People's Court of Appeal.

(2) Consider and decide to apply administrative measures at Court.

(3) Consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory detoxification facilities.

(4) Adjudicate administrative violations according to the provisions of the law.

(5) Consider and decide on cases that limit human rights and civil rights according to the provisions of the law.

(6) Resolve other matters according to the provisions of the law.

Duties and powers of the Military Court in Vietnam

Additional tasks include adjudicating administrative cases for administrative decisions and administrative acts in the military.

Le Vu Trang Nhi

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