New regulations on Departments of cassation and reopening procedures of the High People's Courts in Vietnam from 2025

New regulations on Departments of cassation and reopening procedures of the High People's Courts in Vietnam from 2025

According to the Circular 03/2024/TT-TANDTC, the Chief Justice of the Supreme People’s Court has stipulated the Departments under the High People’s Court as follows:

- The High People’s Court includes Departments for cassation and reopening cases in criminal, administrative, family and juvenile, civil, business, commercial, labor, bankruptcy, and other cases. The number of cassation and reopening Departments is decided by the Chief Justice of the Supreme People’s Court.

- The cassation and reopening Departments function to advise and assist the Judges' Council of the High People’s Court, the Chief Justice of the High People’s Court in the cassation and reopening of cases under the jurisdiction of the High People’s Court.

- The cassation and reopening Departments consist of a Head of Department, Deputy Heads of Department, Judges of the People's Court, Court Examiners, Court Clerks, and other officials.

- The cassation and reopening Departments have the following duties and powers:

+ Study and resolve documents requesting, proposing, and recommending cassation, reopening against judgments, and decisions of the Court that have gained legal effect as prescribed;

+ Research and propose the review and decision on protest following cassation, reopening procedures against judgments, and decisions of the Court that have taken legal effect as prescribed;

+ Prepare dossiers and materials for meetings, and court sessions of the Judges' Council of the High People’s Court;

+ Recommend the Chief Justice of the Supreme People’s Court to review and protest judgments and decisions of the High People’s Court that have legal effect as prescribed;

+ Resolve complaints and denunciations according to procedural law provisions;

+ Perform tasks related to the State's compensation responsibility according to authority;

+ Summarize trial practices, propose case laws;

+ Perform other duties and powers as assigned by the Chief Justice of the High People’s Court.

More details can be found in Circular 03/2024/TT-TANDTC, effective from January 1, 2025.

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