What is the number of members of the Judicial Council of the Supreme People’s Court in Vietnam? – Khanh Linh (Quang Ngai)
Number of members of the Judicial Council of the Supreme People’s Court in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
Judicial Council of the Supreme People’s Court is a component of the organizational structure of the Supreme People's Court.
The number of members of the Judicial Council of the Supreme People’s Court must be between thirteen and seventeen, including the Chief Justice, Deputy Chief Justices being judges of the Supreme People’s Court and other judges of the Supreme People’s Court.
(Clause 1, Article 22 of the Law on Organization of the People's Courts 2014)
Duties and powers of the Council of Judges of the Supreme People's Court
According to Clause 2, Article 22 of the Law on Organization of the People's Courts 2014, the Judicial Council of the Supreme People’s Court has the following duties and powers:
- To review according to cassation or reopening procedure in accordance with the procedural law judgments and decisions of courts which have taken legal effect and are protested against;
- To issue resolutions to guide courts in uniformly applying law;
- To select its cassation trial decisions and judgments and decisions of courts which have taken legal effect and are of standard nature, summarize and develop them into court precedents and publicize court precedents for courts to study and apply in trial;
- To discuss and give its opinions on reports of the Chief Justice of the Supreme People’s Court on people’s courts’ work for submission to the National Assembly, National Assembly Standing Committee and President;
- To give its opinions on draft laws and resolutions for submission to the National Assembly, and draft ordinances and resolutions for submission to the National Assembly Standing Committee;
- To discuss and give its opinions on draft legal documents falling under the promulgating competence of the Chief Justice of the Supreme People’s Court and draft legal documents to be jointly promulgated by the Supreme People’s Court and related agencies in accordance with the Law on Promulgation of Legal Documents.
Specifically, Article 23 of the Law on Organization of the People's Courts 2014 stipulates the organization of trial by the Judicial Council of the Supreme People’s Court as follows:
- The Judicial Council of the Supreme People’s Court shall conduct trial according to cassation or reopening procedure with a trial panel composed of 5 judges or all judges of the Supreme People’s Court.
- A cassation or reopening trial with a trial panel composed of 5 judges or all judges of the Supreme People’s Court shall be conducted in accordance with the procedural law.
Duties and powers of the Supreme People’s Court - The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam. The Supreme People’s Court shall review according to cassation or reopening procedure in accordance with the procedural law judgments and decisions of courts which have taken legal effect and are protested against. - To supervise the adjudicating work of other courts, except cases prescribed by a law. - To make overall assessment of adjudicating practices of courts, ensuring the uniform application of law in trial. - To train and retrain judges, assessors and other staffs of people’s courts. - To manage people’s courts and military courts organizationally in accordance with this Law and relevant laws, ensuring independence of courts from one another. - To submit to the National Assembly draft laws and resolutions; to submit to the National Assembly Standing Committee draft ordinances and resolutions in accordance with law. (Article 20 of the Law on Organization of the People's Courts 2014) |
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