Vietnam: Assurance of operation of People’s Courts

1. Number of judges, payrolls of people’s courts

According to Article 95 of the Law on Organization of People’s Courts 2014 of Vietnam, number of judges, payrolls of people’s courts are specified as follows:

- The number of judges of the Supreme People’s Court must comply with Clause 1, Article 22 of this Law.

- The number of judges of other courts and proportions of judge ranks at each court level and total payroll of people’s courts shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court after obtaining opinions of the Government.

- The number of judges and proportions of judge ranks at each level of military courts and total payroll of military courts shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

- Based on the total payroll, number and proportions of judge ranks decided by the National Assembly Standing Committee, the Chief Justice of the Supreme People’s Court shall:

+ Allocate the payrolls and numbers of judges of other courts; other civil servants, public employees and employees of units attached to people’s courts;

+ Allocate the payrolls and numbers of judges of military courts after reaching agreement with the Minister of National Defense.

2. Operation funds of people’s courts

According to Article 96 of the Law on Organization of People’s Courts 2014 of Vietnam, operation funds of people’s courts are specified as follows:

- Operation funds of the Supreme People’s Court, superior people’s courts, people’s courts of provinces, central-affiliated cities, rural districts, urban districts, towns, provincial cities and the equivalent shall be submitted by the Government to the National Assembly for decision after reaching agreement with the Supreme People’s Court.

- In case the Government and the Supreme People’s Court cannot reach agreement on estimated operation funds of people’s courts, the Chief Justice of the Supreme People’s Court shall propose the National Assembly to consider and decide on such funds.

- Operation funds of military courts shall be estimated by the Ministry of National Defense in coordination with the Supreme People’s Court before proposing the Government to submit them to the National Assembly for decision.

- The management, division, allocation and use of operation funds must comply with the Law on the State Budget and other relevant laws.

- The State shall prioritize investment in physical foundations and development of information technology for people’s courts.

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