LAW

ORGANIZATION OF PEOPLE’S COURTS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Organization of People s Courts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for positions, functions, duties, powers and organizational structure of People’s Courts; Judges, Jurors and holders of other titles in People’s Courts; and assurance of operations conducted by People’s Courts.

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1. Each People’s Court is a judicial body of the Socialist Republic of Vietnam and exercises judicial power.

2. The People’s Court exercises judicial power to safeguard justice, human rights, citizens’ rights, the socialist regime, interests of the State, and legitimate rights and interests of organizations and individuals; and through its operations, contributes to provision for citizens with education about the loyalty to the Fatherland, strict observance of law and the sense of struggle to prevent and control crimes and other violations.

3. In the name of the Socialist Republic of Vietnam, Courts shall adjudicate and settle lawsuits and cases as per law.

Article 3. Duties and powers of People’s Court

1. The People’s Court shall exercise its judicial power, including power to adjudicate and decide disputes, violations and issues related to human rights, rights and obligations of authorities/organizations/individuals as per law; and ensure the uniform application of laws to adjudication.

2. Upon exercise the judicial power, the People’s Court has the following duties and powers:

a) Adjudicate and settle criminal and administrative lawsuits and civil cases (including civil lawsuits and matters), bankruptcy cases and other lawsuits and cases as per law;

b) Adjudicate and handle administrative violations as per law;

c) Decide issues related to human rights, rights and obligations of authorities/organizations/individuals as per law;

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dd) Explain application of laws to adjudication and settlement of lawsuits and cases;

e) Make overall assessment of adjudication practices of courts and ensure the uniform application of laws to adjudication; develop precedent;

g) Perform duties and powers over enforcement of judgments as per law;

h) Perform other duties and powers as per law.

Article 4. Organization of and jurisdiction to establish or dissolve People’s Courts

1. People’s Courts include:

a) Supreme People’s Court;

b) Superior People’s Courts;

c) People’s Courts of central-affiliated cities and provinces (hereinafter referred to as “provincial People’s Courts”);

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dd) People's Courts of first instance specialized in administrative/intellectual property/bankruptcy cases (hereinafter referred to as “People's Courts of first instance”);

e) Central Military Court, Military Courts of military zones and equivalents, regional Military Courts (hereinafter referred to as “Military Courts”).

2. The jurisdiction to establish or dissolve the Supreme People’s Court; provincial People’s Courts; district-level People’s Courts; People's Courts of first instance and Military Courts is regulated as follows:

a) The National Assembly Standing Committee has jurisdiction to decide to establish or dissolve and promulgate regulations on the scope of territorial jurisdiction of Superior People’s Courts and People's Courts of first instance; establish or dissolve provincial People’s Courts and district-level People’s Courts at the request of the Chief Justice of the Supreme People’s Court;

b) The National Assembly Standing Committee has jurisdiction to decide to establish or dissolve and promulgate regulations on the scope of territorial jurisdiction of Military Courts of military zones and equivalents and regional Military Courts at the request of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

Article 5. Principles of organization and operation of People’s Courts

1. Be independent within their jurisdiction.

2. Ensure equality before the law and Courts.

3. Exercise the judicial power in a prompt, equal, public, impartial and objective manner.

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5. Conduct first-instance trials attended by Jurors, except for trials conducted by shortened procedures.

6. Judges and Jurors shall adjudicate independently and solely comply with the laws.

7. Adjudicate on a collective basis and issue decisions under the majority rule, except for adjudication according to shortened procedures.

8. Ensure oral arguments in trial.

9. Safeguard the defense right of each suspect/defendant and the right to protection of legitimate rights and interests of each victim/litigant.

10. Be subject to supervision by the People, the National Assembly, People’s Councils, Vietnam Fatherland Front and its members.

Article 6. Independence within People’s Courts' jurisdiction

People’s Courts shall be independently organized and operate within their jurisdiction.

Article 7. Assurance of equality before the law and Courts

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Article 8. Prompt, equal, public, impartial and objective exercise of judicial power

1. Each People’s Court shall promptly, equally, publicly, impartially and objectively exercise its judicial power within a time limit prescribed by law.

2. The People’s Court shall conduct trials in a public manner. In special cases where protection of state secrets, conformity with the nation’s fine traditions and customs, protection of minors or protection of private life, personal life, business know-how, family secrets and professional secrets are required as legally requested by litigants, the People’s Court may conduct closed trials.

3. People’s Courts shall conduct trials and other operations in a public manner. Scope and contents of operations, and methods for publishing operations conducted by Courts shall be regulated by the Chief Justice of the Supreme People’s Court.

Article 9. Affirmation of first-instance and appellate procedures

1. People’s Courts shall affirm first-instance and appellate procedures.

First-instance judgments and decisions issued by Courts may be appealed or protested against in accordance with the law. First-instance judgments and decisions that are not appealed or protested against within the time limit prescribed by law shall take legal effect.

If first-instance judgments or decisions are appealed or protested against, lawsuits and cases shall be brought to appellate trials. Appellate judgments and decisions issued by Courts shall take legal effect.

2. In case a judgment or decision issued by a Court has taken legal effect but a violation against law is detected or a new circumstance arises as prescribed by the law, such judgment or decision shall be re-considered according to cassation or reopening procedures.

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Except for trials conducted by shortened procedures, Jurors shall attend first-instance trials conducted by Courts in accordance with the law.

Article 11. Independence of Judges and Jurors and sole compliance to the laws

1. Judges and Jurors shall adjudicate independently and solely comply with the laws. Authorities, organizations and individuals are prohibited from interfering in adjudication and settlement of lawsuits and cases by Judges and Jurors in any form.

2. Courts, Judges, Jurors and persons holding other judicial titles of Courts are not required to provide explanation and shall not give information about viewpoints on trials and settlement of lawsuits and cases during the acceptance and settlement of such lawsuits and cases.

3. Judges and Jurors are exempted from investigation into adjudication and settlement of ongoing lawsuits and cases, unless there are grounds that such Judges and Jurors violate criminal laws on adjudication and settlement of such lawsuits and cases.

4. Individuals, authorities and organizations that commit acts of interfering in adjudication and settlement of lawsuits and cases by Judges and Jurors shall, depending on the nature and severity of their acts, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law.

Article 12. Adjudication on a collective basis and issuance of decisions under the majority rule

People’s Courts shall adjudicate on a collective basis and issue decisions under the majority rule, except for adjudication according to shortened procedures. The composition of a Trial Panel shall be prescribed by the law.

Article 13. Assurance of oral arguments in trial

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Article 14. Safeguarding the defense right of suspect/defendant and the right to protection of legitimate rights and interests of victim/litigant

1. The defense right of the suspect/defendant and the right to protection of legitimate rights and interests of the victim/litigant shall be safeguarded. The suspect/defendant has the right to defend themselves, or ask an attorney or another person to defend them; the victim/litigant involved in a lawsuit is entitled to defend themselves or ask another person to defend their legitimate rights and interests.

2. The Court shall take responsibility for safeguarding the right of the suspect/defendant to defend themselves, and have a defense attorney, legal aid and representative as per law.

The Court shall be responsible for enabling the victim/litigant to exercise their right to protection of their legitimate rights and interests.

Article 15. Collection of documents and evidence used for adjudication and settlement of criminal and administrative lawsuits, civil cases and other cases within People's Courts’ jurisdiction

1. Regarding criminal and administrative lawsuits, civil cases and other cases, the parties shall collect, give and submit documents and evidence to Courts as per law.

2. Courts shall instruct relevant authorities/organizations/individuals to collect and submit documents and evidence used for criminal and administrative lawsuits, civil cases and other cases as per law.

3. Courts shall request authorities/organizations/individuals to provide documents and evidence in accordance with regulations of law. Authorities/organizations/individuals managing and storing documents and evidence shall be responsible for providing such documents and evidence according to regulations of law when requested by Courts.

4. Courts shall assist in collection of documents and evidence by requesting authorities/organizations/individuals to provide documents and evidence used for administrative lawsuits, civil cases and other cases as per law in case the parties have taken necessary measures but cannot collect these documents and evidence and require assistance from Courts.

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6. Courts shall inspect and appraise the authenticity of documents and evidence as per law.

7. Courts shall adjudicate and settle lawsuits and cases according to documents and evidence provided by relevant authorities/organizations/individuals and submitted by the parties that have been clearly specified at trials and meetings as per law and results of oral arguments.

Article 16. Spoken and written languages used before Courts

1. Spoken and written languages used before a Court shall be Vietnamese.

2. Courts shall enable proceeding participants to use spoken and written languages of their own ethnicity; people who have hearing, speech, or vision disabilities are entitled to use languages, symbols and words dedicated for people with disabilities before Courts and in these cases, interpreters are required.

Article 17. Assurance of the effect of Court’s judgments and decisions

1. Authorities, organizations and individuals shall respect a Court's judgments or decisions, after given legal effect. Relevant authorities, organizations and individuals shall strictly abide by such judgments or decisions.

2. The Court's judgments or decisions that have taken legal effect shall be securely enforced as per law.

3. If a Court's judgment or decision has taken legal effect but an error in the application of the law occurs, a serious breach of legal proceedings is committed or the Court’s conclusion does not correspond with objective facts of the lawsuit/case, the competent Court shall be responsible for consideration, decision and implementation of remedial measures according to procedures as per law.

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Article 18. Maintenance of effectiveness and efficiency in operations conducted by Courts

1. Individuals, authorities and organizations shall respect Courts, Judges, Jurors and persons holding other judicial titles of Courts and strictly comply with Courts’ decisions or requests.

2. Authorities, organizations and individuals are prohibited from illegally obstructing, interfering in, and impacting on adjudication and exercise of judicial power. If individuals, authorities and organizations inside or outside of Courts commit acts specified in this clause, Judges, Jurors, persons holding other judicial titles of Courts shall immediately notify competent individuals, authorities and organizations for prompt settlement.

3. Acts of offending or injuring the solemnity and/or prestige of Courts; threatening or insulting reputation, honor, dignity, health or life of Judges, Jurors, persons holding other judicial titles of Courts or persons performing duties as requested by Courts; abusing complaint and denunciation rights to vilify Judges, Jurors, persons holding other judicial titles, officials, public employees and employees of Courts shall be strictly prohibited.

4. Persons that commit violations against regulations in clauses 1, 2 and 3 of this Article shall, depending on the nature and severity of their violations, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law.

Article 19. Responsibilities for cooperation between People’s Courts and authorities and organizations

1. Within their functions, duties and powers, Courts shall be responsible for cooperating with authorities and organizations in studying and proposing guidelines, policies and laws on prevention and control of violations against law and crimes, and protection of national security, social order and safety; recommending and requesting authorities and organizations to take measures to do away with causes and conditions for commission of crimes or violations against law in such authorities and organizations.

Authorities and organizations receiving recommendations and requests shall notify Courts of results of implementation within 30 days from the date of receipt of such recommendations and requests from Courts, unless otherwise prescribed by law.

2. Authorities and organizations, within their assigned functions, duties and powers, shall cooperate with Courts to perform duties and powers; and execute Courts' judgments or decisions.

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1. The Supreme People’s Court shall manage organization of People’s Courts.

2. The Supreme People’s Court shall preside over and cooperate with the Ministry of National Defense in, managing organization of Military Courts.

Regulations on cooperation between the Supreme People’s Court and the Ministry of National Defense in managing organization of Military Courts shall be promulgated by the National Assembly Standing Committee.

Article 21. Supervision of People’s Courts by the People, the National Assembly, People’s Councils, Vietnam Fatherland Front and its members

1. The People shall supervise operations conducted by Courts and exercise their rights to send requests, petitions or recommendations to Courts as per law.

2. The National Assembly, People’s Councils, Vietnam Fatherland Front and its members shall supervise operations conducted by Courts as per law. Courts' operations shall be supervised in order to ensure compliance with regulations of law, control of powers and prevention and control of bureaucracy, corruption and extravagance in their operations; the supervision shall not affect normal operations of Courts, adjudication and settlement of lawsuits and cases by Judges and Jurors.

Article 22. Anniversary and symbol of People’s Court

1. The anniversary of the People’s Court is September 13, every year.

2. Each People’s Court has its own symbol. The Chief Justice of the Supreme People’s Court shall issue regulations on symbols of People’s Courts

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DUTIES AND POWERS OF PEOPLE’S COURTS

Section 1. DUTIES AND POWERS OF PEOPLE’S COURTS WITHIN THEIR JURISDICTION

Article 23. Duties and powers of first-instance Court

1. A first-instance Court has jurisdiction to consider assessing and remarking on facts of a lawsuit/case in a full, objective and comprehensive manner on the basis of documents, evidence and results of oral arguments and in accordance with the law in order to decide issues of the lawsuit/case.

2. Upon adjudication and settlement of a lawsuit/case, the first-instance Court has the following duties and powers:

a) Consider accepting the lawsuit/case; hold a trial or meeting to adjudicate and settle the lawsuit/case;

b) Instruct and request relevant authorities/organizations/individuals to collect, give and submit documents and evidence to adjudicate and settle the lawsuit/case;

c) Decide to implement, alter or terminate preventive/coercive/provisional emergency measures;

d) Decide to recognize agreement reached by litigants and results of successful dialogues among litigants;

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e) Request Investigators, Procurators and other persons to present issues related to the criminal lawsuit at the trial;

g) Consider and conclude the legality of procedural acts committed by and decisions issued by proceeding officers or participants during the adjudication and settlement of the lawsuit/case;

h) Consider and conclude the legality of evidence and documents collected, provided and submitted by authorities, organizations and individuals to the Court;

i) Return case/lawsuit files to a Procuracy for additional investigation;

k) Detect and recommend constitutionality and legality of legislative documents used for adjudication and settlement of the lawsuit/case;

l) Explain application of laws to adjudication and settlement of the lawsuit/case;

m) Issue judgments or decisions;

n) Respond to requests and complain and implement proposals and recommendations about procedural acts and decisions;

o) Perform other duties and powers as per law.

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1. An appellate Court has jurisdiction to consider assessing and remarking on appeals and protests; facts of a lawsuit/case; grounds for application of law and adjudication and settlement by the first-instance Court. The appellate Court has jurisdiction to approve or disapprove appeals and protests; sustain, annul or alter the first-instance Court’s judgments or decisions; uphold judgments and decisions of settled cases/lawsuits; rectify errors and exercise other jurisdiction as per law.

2. Upon adjudication and settlement of the lawsuit/case, the appellate Court has the following duties and powers:

a) Consider accepting the lawsuit/case according to appellate procedure;

b) Request the Procuracy to additionally provide new documents and evidence related to the criminal lawsuit;

c) Reconsider judgments/decisions or parts of judgments/decisions issued by the first-instance Court and appealed/protested against or other contents as per law;

d) Decide to bring the lawsuit to an appellate trial, suspend or terminate adjudication and settlement of the lawsuit/case, adjourn or halt the appellate trial or meeting, continue to adjudicate and settle the lawsuit/case according appellate procedure;

dd) Perform duties and powers specified in points b, c, e, g, h, k, l, m and n clause 2 Article 23 of this Law;

e) Perform other duties and powers as per law.

Article 25. Duties and powers of Court assigned to reconsider legally-effective judgments or decisions according to cassation or reopening procedure

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Reopening procedure is meant to reconsider a Court's legally-effective judgment or decision which is protested due to new facts according to regulations of law.

2. The Court assigned to reconsider a legally-effective judgment or decision has the following duties and powers:

a) Receive, accept, and process each petition, proposal for, written appeal against or notification of the Court’s legally-effective judgment or decision;

b) Study and verify the lawsuit/case file;

c) Decide initiation of cassation/reopening procedure or notification of reply to the petition/proposal/written appeal;

d) Postpone, request postponement, or suspend the enforcement of the legally-effective judgment or decision as per law;

dd) Accept the lawsuit/case for adjudication according to cassation/reopening procedure;

e) Amend or withdraw written request for cassation/reopening procedure;

g) Conduct cassation/reopening trials;

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i) Perform duties and powers specified in points k and l clause 2 Article 23 of this Law;

k) Perform other duties and powers as per law.

Article 2. DUTIES AND POWERS OF PEOPLE’S COURTS

Article 26. Adjudication and settlement of lawsuits and cases

1. A Court shall adjudicate criminal and administrative lawsuits and civil cases (including civil lawsuits and lawsuits related to marriage and family, business, trade and labor) and other lawsuits as per law;

2. The Court shall settle civil matters (including civil matters and matters regarding marriage, family, business, trade, labor), bankruptcy cases and other cases as per law.

Article 27. Handling of administrative violations

1. People’s Courts shall impose administrative penalties for impediments to proceedings within their jurisdiction as per law.

2. People’s Courts shall take administrative measures as per law.

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Article 28. Decision on issues related to human rights, rights and obligations of authorities/organizations/individuals

People’s Courts have jurisdiction to consider deciding issues related to human rights, rights and obligations of authorities/organizations/individuals as per law.

Article 29. Detection of and recommendation about constitutionality and legality of legislative documents used for adjudication and settlement of lawsuits/cases

1. During adjudication and settlement of a lawsuit/case, if a legislative document related to adjudication and settlement of the lawsuit/case denotes contrariness against a Constitution, law or resolution of the National Assembly, ordinance, resolution of the Standing Committee of National Assembly or a legislative document of a superior regulatory authority, the People’s Court shall recommend a competent authority to consider amending, annulling or terminating the execution of such legislative document. The competent authority shall be responsible for consideration and submission of a written notification to the Court of results.

2. Regarding any legislative document elaborating and/or containing guidance on Constitution, law or resolution of the National Assembly or ordinance or resolution of the Standing Committee of National Assembly or legislative document of the superior regulatory authority, when the prescribed time limit expires, if the Court does not receive the written notification from the competent authority according to clause 1 of this Article, the Court shall adjudicate and settle the lawsuit/case pursuant to the document that has the higher-level effect.

Article 30. Overall assessment of adjudication practices and assurance of uniform application of laws to adjudication

1. The Supreme People’s Court shall make overall assessment of adjudication practices by the following operations:

a) Conducting preliminary and final reviews of practical application of laws to adjudication and settlement of lawsuits and cases;

b) Consolidating obstacles to adjudication and settlement of lawsuits and cases;

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d) Concluding lessons to be drawn from certain matters regarding lawsuit/case adjudication and settlement practices; predict trends in crime, violations, disputes, complaints and requests within its jurisdiction.

2. The Supreme People’s Court shall ensure uniform application of laws to adjudication by the following operations:

a) Promulgating resolutions of the Judges’ Council of the Supreme People’s Court, circulars of the Chief Justice of the Supreme People’s Court, joint circulars of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial authorities in accordance with law;

b) Developing precedents;

c) Providing explanation for issues that arise during adjudication and settlement of lawsuits and cases.

Article 31. Explanation for application of laws to adjudication and settlement of lawsuits and cases

Explanation for application of law to adjudication and settlement of a lawsuit/case means that the Court clearly explains the application of law to adjudication and settlement of the lawsuit/case in the judgment or decision during the adjudication and settlement in a specific case or circumstance within its jurisdiction.

Article 32. Selection, public announcement and application of precedents

1. A precedent shall be selected by the Judges’ Council of the Supreme People’s Court and publicly announced by the Chief Justice of the Supreme People’s Court for study, reference and application to adjudication and settlement of a lawsuit/case.

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Article 33. Duties and powers of People’s Court over enforcement of judgment/sentence

1. Issue a decision to enforce a criminal judgment; postpone or suspend prison sentence or decision to grant parole; decide pardon or remission; expunge criminal records, and grant exemption from or offer reduction of financial obligations to state budget under a judgment.

2. Issue a decision to compel execution of the Court’s legally-effective judgment or decision on an administrative lawsuit as per law.

3. Issue a decision on postponement, exemption, reduction or suspension of execution of a decision to impose administrative measures applied by the Court.

4. Perform other duties and powers as per law.

Article 34. Settlement of complaints and denunciations

A People’s Court has jurisdiction to settle a complaint about or a denunciation of:

1. Any procedural act committed by or decision issued by a Court or a proceeding officer at the Court during the adjudication and settlement of the lawsuit/case within its jurisdiction according to the procedural law;

2. Any procedural act committed by or decision issued by a Court or a competent person at the Court during the performance of their duties or provision of civil services that are not regulated by clause 1 of this Article in accordance with regulations of the law on complaints and denunciations.

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Regarding the law formulation, the Supreme People’s Court shall perform the following duties and powers:

1. Propose formulation of laws, ordinances and resolutions of the National Assembly, and the National Assembly Standing Committee;

2. Formulate laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee and submit them to the National Assembly and the National Assembly Standing Committee for approval.

3. Issue legislative documents within its jurisdiction according to regulations of the Law on Promulgation of Legislative Documents;

4. Cooperate with relevant authorities and organizations in formulating laws.

Article 36. Scientific research

Each People’s Court shall conduct scientific research related to its organizational structure and operations; apply scientific research results to contribute to perfection of organizational structure, improvement of quality of officials and public employees and increase in efficiency in the Court's operations.

Article 37. Training

1. The Supreme People’s Court shall give training to contribute to provision of human resources for Courts.

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3. People’s Courts shall encourage and enable Judges, Court Examiners, Court Clerks, other officials and public employees to promote self-study and participate in training courses outside Courts.

4. Training institutions affiliated to Courts are entitled to provide various types of training in accordance with the law.

Article 38. International cooperation

People’s Courts shall seek international cooperation in formulation of laws; provision of training for human resources; scientific research; increase in capacity of Courts; exchange of experience of adjudication and settlement of lawsuits and cases; proposal for conclusion, accession to and implementation of international treaties; conclusion and implementation of international agreement; participation in international judicial institutions as per law.

Chapter III

NATIONAL COUNCIL FOR SELECTION AND SUPERVISION OF JUDGES

Article 39. Functions, duties and powers of the National Council for Selection and Supervision of Judges

1. Consider selecting persons who fully meet criteria and conditions prescribed by this Law to act as Judges in order to request the Chief Justice of the Supreme People’s Court to:

a) Submit a proposal for appointment of Judges of the Supreme People’s Court to the National Assembly for approval;

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2. Consider removing or discharging Judges from office according to regulations in this Law in order to request the Chief Justice of the Supreme People’s Court to:

a) Submit a proposal for removal or discharge of Judges of the Supreme People’s Court from office to the National Assembly for approval;

b) Recommend the President of Vietnam to decide removal or discharge of Judges of People’s Courts from office.

3. Issue code of ethics and conduct of Judges.

4. Supervise the performance of duties, exercise of powers and compliance with code of professional ethics and conduct by Judges and their lifestyle.

5. Consider recommendations related to appointment, discharge, removal, commendation and discipline of Judges according to clause 1 Article 110 of this Law.

6. Protect Judges in accordance with this Law and other regulations of relevant laws; request the Chief Justice of the Supreme People’s Court to recommend the National Assembly Standing Committee to issue regulations on protection of Judges.

7. Recommend competent authorities to implement policies applicable to Judges when they suffer damage to their health and lives in performance of their duties

8. Offer competent authorities recommendations about policies applicable to Judges and other judicial titles of Courts.

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10. Perform other duties and powers as per law.

Article 40. Composition of the National Council for Selection and Supervision of Judges

1. The National Council for Selection and Supervision of Judges is composed of a Chairperson, Vice Chairperson and members, including:

a) Chairperson of the Council who is Chief Justice of the Supreme People’s Court;

b) 01 Vice Chairperson of the Council who is a person concurrently holding the positions of the Deputy Chief Justice of the Supreme People’s Court and Judge of the Supreme People’s Court. The Vice Chairperson of the Council will be reassigned by the Chief Justice of the Supreme People’s Court every year;

c) Chief Justice of the Central Military Court;

d) Chief Justices of Superior People’s Courts;

dd) Representatives of the leaderships of the Central Committee of the Vietnam Fatherland Front, the President Office, the Ministry of Justice, the Ministry of National Defense, the Vietnam Lawyers’ Association, the Ministry of Home Affairs, and the Ministry of Finance. Each Ministry, authority or organization shall appoint one representative.

2. The list of members of the National Council for Selection and Supervision of Judges specified in points c, d and dd clause 1 of this Article shall be decided by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People’s Court.

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Article 41. Operational principles applied to the National Council for Selection and Supervision of Judges

1. The National Council for Selection and Supervision of Judges shall operate on a collective basis and make decisions under majority rule. Members of the Council operate on a part-time basis.

2. The National Council for Selection and Supervision of Judges shall organize periodic and ad hoc meetings so as to perform functions, duties and powers specified in Article 39 of this Law. The National Council for Selection and Supervision of Judges shall request the Chief Justice of the Supreme People’s Court to recommend the National Assembly Standing Committee to promulgate regulations on the Council's operations.

3. When performing duties and powers, the National Council for Selection and Supervision of Judges shall use seal of the Supreme People’s Court.

Article 42. Duties and powers of the Chairperson of the National Council for Selection and Supervision of Judges

1. Manage and organize performance of the Council’s tasks.

2. On behalf of the Council, promulgate programs, plans and other documents approved by the Council.

3. Direct fulfillment of tasks at the Council’s meetings.

4. Decide contents, participants and time of meetings organized by the Council; convene the Council’s members and chair the Council’s meetings.

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6. Report the Council’s operations to competent authorities.

Article 43. Duties and powers of the Vice Chairperson of the National Council for Selection and Supervision of Judges

1. Assist the Chairperson of the Council in managing the Council’s tasks.

2. Monitor and urge organization of performance of operations according to working plans and programs of the Council.

3. Assist the Chairperson of the Council in performing duties and powers specified in clauses 4, 5, 7, 8 and 9 Article 39 of this Law.

4. Perform duties and powers of the Council's members specified in clause 2 Article 44 of this Law.

5. Perform other duties and powers as assigned by the Council, the Chairperson of the Council.

Article 44. Duties and powers of members of the National Council for Selection and Supervision of Judges

1. Members of the Council are representatives of their host authorities and organizations during participation in performance of functions, duties and powers and other operations of the Council.

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a) Fully participate in the Council’s operations;

b) Perform duties and powers as assigned by the Council, the Chairperson of the Council; take responsibility to the Council, the Chairperson of the Council and the law for performance of his/her duties and powers;

c) Discuss and vote issues within the Council’s functions, duties and powers specified in Article 39 of this Law;

d) Comply with operation regulations applied to the National Council for Selection and Supervision of Judges and the law.

Article 45. Funding for operations conducted by the National Council for Selection and Supervision of Judges

Funding for operations conducted by the National Council for Selection and Supervision of Judges shall be covered by the state budget and included in funding for operations conducted by the Supreme People’s Court.

Chapter IV

ORGANIZATIONAL APPARATUS

Section 1. THE SUPREME PEOPLE’S COURT

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The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam and performs the following duties and powers:

1. Review Courts’ judgments and decisions which have taken legal effect and are protested against according to cassation or reopening procedure and in accordance with the law;

2. Supervise the adjudication by other Courts, except cases prescribed by a law;

3. Make overall assessment of adjudication practices of Courts and ensure the uniform application of law to adjudication.

4. Develop precedents;

5. Give training to human resources; train Judges, Court Examiners, Court Clerks, other officials and public employees of Courts; and provide refresher training for Jurors, Mediators and other persons as per law;

6. Manage organizational structure of People’s Courts and Military Courts in accordance with this Law and relevant laws, thereby ensuring independence of Courts from one another;

7. Propose formulation of laws, ordinances and resolutions of the National Assembly, the National Assembly Standing Committee; submit bills and draft resolutions to the National Assembly; submit draft ordinances and resolutions to the National Assembly Standing Committee;

8. Conduct professional inspections of Courts, Judges, Jurors, Court Examiners and Court Clerks so as to ensure compliance with regulations of law, control of powers and prevention and control of bureaucracy, corruption and extravagance in Courts’ operations;

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10. Perform other duties and powers as per law.

Article 47. Organizational structure of the Supreme People’s Court

1. The organizational structure of the Supreme People’s Court consists of:

a) the Judges’ Council;

b) Office;

c) Departments and equivalents;

d) Training institution;

dd) Press agency.

2. The Supreme People’s Court has the Chief Justice, Deputy Chief Justices, Judges of the Supreme People’s Court, Judges of People’s Courts, Examiners, Clerks, other officials, public employees and employees.

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Article 48. Judges' Council of the Supreme People’s Court

1. The number of members of the Judges' Council of the Supreme People’s Court shall be between thirteen and seventeen, including the Chief Justice, Deputy Chief Justices that are Judges of the Supreme People’s Court and other Judges of the Supreme People’s Court.

2. Make sure the male-female ratio in the Judges' Council of the Supreme People’s Court satisfies gender equality requirements.

3. The Judges' Council of the Supreme People’s Court has the following duties and powers:

a) Review the Court’s judgments and decisions which have taken legal effect and are protested against according to cassation or reopening procedure and in accordance with the law;

b) Make overall assessment of adjudication practices of Courts and ensure the uniform application of law to adjudication; promulgate resolutions providing guidance for Courts on uniform application of law to adjudication;

c) Detect and recommend constitutionality and legality of legislative documents used for adjudication and settlement of lawsuits and cases as per law;

d) Select cassation procedure institution decisions issued by the Judges' Council of the Supreme People’s Court and judgments and decisions which have taken legal effect and are of standard nature, consolidate and develop them into precedents;

dd) Discuss and give its opinions on reports prepared by the Chief Justice of the Supreme People’s Court on People’s Courts’ tasks to submit them to the National Assembly, National Assembly Standing Committee and the President of Vietnam;

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g) Discuss and give its opinions on circulars of the Chief Justice of the Supreme People’s Court, draft joint circulars of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial authorities in accordance with law.

4. A general meeting of the Judges' Council of the Supreme People’s Court shall be attended by at least two-thirds of its total members; decisions of the Judges' Council of the Supreme People’s Court shall be voted for by more than half of its total members.

The Procurator General of the Supreme People’s Procuracy and the Minister of Justice shall attend meetings of the Judges' Council of the Supreme People’s Court when resolutions of the Judges' Council of the Supreme People’s Court are discussed and approved.

5. The cassation/reopening procedure institution decision of the Judges' Council of the Supreme People’s Court holds the highest authority, takes legal effect and cannot be protested against.

Article 49. Organization of trials by the Judges' Council of the Supreme People’s Court

1. The Judges' Council of the Supreme People’s Court shall organize trials according to cassation or reopening procedure with a Trial Panel composed of 5 Judges or all Judges of the Supreme People’s Court.

2. A trial according to cassation or reopening procedure with a Trial Panel composed of 5 Judges or all Judges of the Supreme People’s Court shall be organize in accordance with the law.

Section 2. SUPERIOR PEOPLE’S COURTS

Article 50. Duties and powers of Superior People’s Courts

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2. Consider proposals for, implement recommendations about and settle protests against bankruptcy decisions of People's Courts specialized in bankruptcy cases, within their territorial jurisdiction as per law.

3. Conduct trials according to cassation or reopening procedure of lawsuits/cases in which judgments or decisions of provincial and district-level People’s Courts and People's Courts of first instance within their territorial jurisdiction which have taken legal effect are protested against in accordance with the law.

4. Request the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of the Supreme People’s Court which have yet taken legal effect when there is any violation or new fact in accordance with law.

5. Make overall assessment of adjudication practices; propose precedents.

6. Perform duties and powers specified in points b,c,d and dd clause 2 Article 3 of this Law.

7. Perform other duties and powers as per law.

Article 51. Organizational structure of Superior People’s Courts

1. The organizational structure of a Superior People’s Court consists of:

a) Judges' Committee;

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If necessary, the National Assembly Standing Committee shall decide to establish another specialized tribunal at the request of the Chief Justice of the Supreme People’s Court.

c) Office;

d) Departments.

2. A Superior People’s Court has its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of tribunals, Judges, Examiners, Clerks, other public employees and employees.

Article 52. Judges' Committee of Superior People’s Court

1. A Judges' Committee of a Superior People’s Court shall be composed of the Chief Justice, Deputy Chief Justices and some Judges of People’s Courts decided by the Chief Justice of the Supreme People’s Court at the request of the Chief Justice of the Superior People’s Court.

The number of members of the Judges' Committee of the Superior People’s Court shall be between eleven and thirteen.

2. The Judges' Committee of the Superior People’s Court has the following duties and powers:

a) Conduct trials according to cassation or reopening procedure of lawsuits/cases in which judgments or decisions of provincial and district-level People’s Courts and People's Courts of first instance within its territorial jurisdiction which have taken legal effect are protested against in accordance with the law;

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c) Make overall assessment of adjudication practices; propose precedents;

d) Discuss recommendations made by the Chief Justice of the Superior People’s Court about proposals submitted to the Chief Justice of the Supreme People’s Court for reconsideration of judgments or decisions of the Superior People’s Court which have yet taken legal effect according to cassation or reopening procedure at the request of the Chief Justice of the Superior People’s Court ;

dd) Discuss working programs and plans made by the Superior People’s Court;

e) Discuss and give its opinions on reports prepared by the Chief Justice of the Superior People’s Court on the Superior People’s Court’s tasks to submit them to the Chief Justice of the Supreme People’s Court.

3. A meeting of the Judges' Committee of the Superior People’s Court shall be attended by at least two-thirds of its total members; decisions of the Judges' Committee of the Superior People’s Court shall be voted for by more than half of its total members.

Article 53. Organization of trials by Judges' Committee of Superior People’s Court

1. The Judges' Committee of the Superior People’s Court shall organize trials according to cassation or reopening procedure with a Trial Panel composed of 3 People’s Court Judges or all members of the Judges' Committee of the Superior People’s Court.

2. A trial according to cassation or reopening procedure with a Trial Panel composed of 3 People’s Court Judges or all members of the Judges' Committee of the Superior People’s Court shall be organized in accordance with the law.

Article 54. Duties and powers of specialized tribunals of Superior People’s Court

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2. Consider proposals for, implement recommendations about and settle protests against bankruptcy decisions of People's Courts specialized in bankruptcy cases, within their territorial jurisdiction as per law.

3. Perform duties and powers specified in points b,c,d and dd clause 2 Article 3 of this Law.

Section 3. PROVINCIAL PEOPLE’S COURTS

Article 55. Duties and powers of provincial People’s Courts

1. Conduct first-instance trials over lawsuits/cases as per law.

2. Conduct appellate trials over lawsuits/cases in which first-instance judgments or decisions of district-level People’s Courts which have not yet taken legal effect are appealed or protested against in accordance with law.

3. Inspect judgments or decisions of district-level People’s Courts which have yet taken legal effect.

4. Request Chief Justices of Superior People’s Courts or the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of district-level People’s Courts which have yet taken legal effect when there is any violation or new fact in accordance with law.

5. Make overall assessment of adjudication practices; propose precedents.

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7. Perform other duties and powers as per law.

Article 56. Organizational structure of provincial People’s Courts

1. The organizational structure of a provincial People’s Court consists of:

a) Judges' Committee;

b) Criminal, civil, administrative, economic, labor, family and juvenile tribunals.

If necessary, the National Assembly Standing Committee shall decide to establish another specialized tribunal at the request of the Chief Justice of the Supreme People’s Court.

According to regulations of this point and adjudication practice requirements applicable to each provincial People’s Court, the Chief Justice of the Supreme People’s Court shall decide the organization of specialized tribunals;

c) Office;

d) Divisions and equivalents.

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Article 57. Judges' Committees of provincial People’s Courts

1. A Judges' Committee of a provincial People’s Court shall be composed of the Chief Justice, Deputy Chief Justices and some People’s Court Judges decided by the Chief Justice of the Supreme People’s Court. The number of members of the Judges' Committee shall be decided by the Chief Justice of the Supreme People’s Court at the request of the Chief Justice of the provincial People’s Court.

Meetings of the Judges' Committee of the provincial People’s Court shall be chaired by the Chief Justice.

2. The Judges' Committee of the provincial People’s Court has the following duties and powers:

a) Discuss working programs and plans prepared by the provincial People’s Court;

b) Discuss and give its opinions on reports on tasks performed by the Chief Justice of the provincial People’s Court to submit them to the Chief Justice of the Supreme People’s Court and the People’s Council at the same level;

c) Make overall assessment of adjudication practices; propose precedents

d) Discuss recommendations made by the Chief Justice of the provincial People’s Court about proposals submitted to the Chief Justice of the Supreme People’s Court, the Chief Justice of the Superior People’s Court for reconsideration of judgments or decisions of the People’s Court which have yet taken legal effect according to cassation or reopening procedure at the request of the Chief Justice of the provincial People’s Court.

Article 58. Duties and powers of specialized tribunals of provincial People’s Court

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2. Conduct appellate trials over lawsuits/cases in which first-instance judgments or decisions issued by district-level People’s Courts which have not yet taken legal effect are appealed or protested against in accordance with the law.

3. Perform duties and powers specified in points b, c, d and dd clause 2 Article 3 of this Law.

Section 4. DISTRICT-LEVEL PEOPLE’S COURTS

Article 59. Duties and powers of district-level People’s Courts

1. Conduct first-instance trials over lawsuits/cases prescribed by law.

2. Perform duties and powers specified in points b, c, d, dd and g clause 2 Article 3 of this Law.

3. Make overall assessment of adjudication practices; propose precedents.

4. Perform other duties and powers as per law.

Article 60. Organizational structure of district-level People’s Courts

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According to regulations of this clause and adjudication practice requirements applicable to each district-level People’s Court, the Chief Justice of the Supreme People’s Court shall decide the organization of specialized tribunals.

2. Each district-level People’s Court has an assistance apparatus.

The Chief Justice of the Supreme People’s Court shall decide establishment and issue regulations on duties and powers of the assistance apparatus affiliated to every district-level People’s Court.

3. The district-level People’s Court has its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of tribunals, People’s Court Judges, Clerks, Examiners in charge of judgment enforcement, other public employees and employees.

Article 61. Duties and powers of specialized tribunals of district-level People’s Court

1. Conduct first-instance trials over lawsuits/cases prescribed by law.

2. Perform duties and powers specified in points b, c, d and dd clause 2 Article 3 of this Law.

Section 5. PEOPLE'S COURTS OF FIRST INSTANCE

Article 62. Duties and powers of People's Court of first instance

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a) Conduct first-instance administrative trials over appeals against administrative decisions issued by and acts committed by provincial or higher-level administrative authorities or their personnel, except for the cases specified in point a clause 2 of this Article; appeals against disciplinary decisions on mandatory termination issued by heads of provincial or higher-level authorities and organizations in accordance with the Law on Administrative Procedures;

b) Issue decisions to compel execution of the Court’s legally-effective judgments or decisions on administrative lawsuits as per law;

c) Impose administrative penalties for impediments to proceedings as per law;

d) Make overall assessment of adjudication practices; propose precedents;

dd) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law and other duties and powers as per law.

2. A People's Court of first instance specialized in intellectual property cases has the following duties and powers:

a) Conduct first-instance trials over intellectual property cases according to regulations of the Civil Procedure Code; conduct first-instance trials over administrative lawsuits regarding intellectual property in accordance with the Law on Administrative Procedures;

b) Issue decisions to compel execution of the Court’s legally-effective judgments or decisions on administrative lawsuits regarding intellectual property as per law;

c) Impose administrative penalties for impediments to proceedings as per law;

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dd) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law and other duties and powers as per law.

3. A People's Court of first instance specialized in bankruptcy cases has the following duties and powers:

a) Settle bankruptcy cases within its jurisdiction as per law;

b) Impose administrative penalties for impediments to proceedings as per law;

c) Make overall assessment of settlement of bankruptcy cases; propose precedents;

d) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law and other duties and powers as per law.

Article 63. Organizational structure of People's Courts of first instance

1. The People’s Court of first instance has its Chief Justice, Deputy Chief Justices, People’s Court Judges, Clerks, Examiners, other public employees and employees. Each People's Court Judge working at the People's Court of first instance shall have professional knowledge and working experience in the fields within the jurisdiction over adjudication and settlement of the People's Court of first instance.

2. The People's Court of first instance has an assistance apparatus.

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Section 6. MILITARY COURTS

Article 64. Duties and powers of Military Courts

Military Courts shall be organized in the Vietnam People’s Army to adjudicate criminal cases involved in defendants who are active-duty military personnel and other cases prescribed by law.

Article 65. Duties, powers and organizational structure of central Military Court

1. The central Military Court has the following duties and powers:

a) Conduct appellate trials over lawsuits in which first-instance criminal judgments or decisions issued by Military Courts of military zones and equivalents which have not yet taken legal effect are appealed or protested against in accordance with the law;

b) Conduct trials according to cassation or reopening procedure over lawsuits in which criminal judgments or decisions issued by Military Courts of military zones and equivalents, and regional Military Courts which have yet taken legal effect are protested against in accordance with the law;

c) Impose administrative penalties for impediments to proceedings as per law; perform duties and powers specified in points d and dd clause 2 Article 3 of this Law;

d) Make overall assessment of adjudication practices; propose precedents;

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2. The organizational structure of the central Military Court consists of:

a) Judges' Committee;

b) Appellate Courts;

c) Assistance apparatus.

3. The central Military Court has its Chief Justice, Deputy Chief Justices, Presidents and Vice Presidents of tribunals, People’s Court Judges, Clerks, Examiners, other military personnel and public employees.

4. The Chief Justice of the Supreme People’s Court shall decide establishment and issue regulations on duties and powers of the assistance apparatus affiliated to the central Military Court after reaching agreement with the Minister of National Defense.

Article 66. Judges' Committee of the central Military Court

1. A Judges' Committee of the central Military Court shall be composed of the Chief Justice, Deputy Chief Justices and some People’s Court Judges decided by the Chief Justice of the Supreme People’s Court at the request of the Chief Justice of the central Military Court.

The number of members of the Judges' Committee of the central Military Court shall not exceed 07.

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a) Conduct trials according to cassation or reopening procedure over lawsuits in which criminal judgments or decisions issued by Military Courts of military zones and equivalents, and regional Military Courts which have yet taken legal effect are protested against in accordance with the law;

b) Make overall assessment of adjudication practices; propose precedents.

c) Discuss recommendations made by the Chief Justice of the central Military Court about proposals submitted to the Chief Justice of the Supreme People’s Court for reconsideration of judgments or decisions of the central Military Court which have yet taken legal effect according to cassation or reopening procedure at the request of the Chief Justice of the central Military Court;

d) Discuss and give its opinions on reports prepared by the Chief Justice of the central Military Court on Military Courts' tasks to submit them to the Chief Justice of the Supreme People’s Court and the Minister of National Defense;

dd) Discuss working programs and plans prepared by the central Military Court;

e) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law.

3. A meeting of the Judges' Committee of the central Military Court shall be attended by at least two-thirds of its total members; a decision of the Judges' Committee of the central Military Court shall be voted for by more than half of its total members.

Article 67. Organization of trials by Judges' Committee of the central Military Court

1. The Judges' Committee of the central Military Court shall organize trials according to cassation or reopening procedure with a Trial Panel composed of 3 Judges or all members of the Judges' Committee of the central Military Court.

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Article 68. Duties and powers of Appellate Court of the central Military Court

1. Conduct appellate trials over lawsuits in which first-instance criminal judgments or decisions issued by Military Courts of military zones and equivalents which have not yet taken legal effect are appealed or protested against in accordance with the law.

2. Impose administrative penalties for impediments to proceedings as per law; perform duties and powers specified in points d and dd clause 2 Article 3 of this Law.

3. Perform other duties and powers as per law.

Article 69. Duties and powers of Military Courts of military zones and equivalents

1. Conduct first-instance trials over criminal lawsuits prescribed by law.

2. Conduct appellate trials over lawsuits in which first-instance criminal judgments or decisions issued by regional Military Courts which have not yet taken legal effect are appealed or protested against in accordance with the law.

3. Impose administrative penalties for impediments to proceedings as per law; perform duties and powers specified in points d, dd and g clause 2 Article 3 of this Law.

4. Make overall assessment of adjudication practices; propose precedents.

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Article 70. Organizational structure of Military Courts of military zones and equivalents

1. The organizational structure of a Military Court of military zone or equivalent consists of:

a) Judges' Committee;

b) Assistance apparatus.

2. The Military Court of military zone or equivalent has its Chief Justice, Deputy Chief Justices, People’s Court Judges, Clerks, Examiners, other military personnel and public employees.

3. The Chief Justice of the Supreme People’s Court shall decide establishment and issue regulations on duties and powers of the assistance apparatus affiliated to the Military Court of military zone or equivalent after reaching agreement with the Minister of National Defense.

Article 71. Judges' Committee of Military Court of military zone or equivalent

1. A Judges' Committee of a Military Court of military zone or equivalent shall be composed of the Chief Justice, Deputy Chief Justices and some People’s Court Judges decided by the Chief Justice of the Supreme People’s Court at the request of the Chief Justice of the Military Court of military zone or equivalent.

The number of members of the Judges' Committee of the Military Court of military zone or equivalent shall not exceed 05.

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2. The Judges' Committee of the Military Court of military zone or equivalent has the following duties and powers:

a) Discuss working programs and plans prepared by the Military Court of military zone or equivalent;

b) Discuss reports on tasks performed by the Chief Justice of the Military Court of military zone or equivalent;

c) Make overall assessment of adjudication practices; propose precedents;

d) Discuss recommendations made by the Chief Justice of the Military Court of military zone or equivalent about proposals submitted to the Chief Justice of the central Military Court for reconsideration of judgments or decisions of the Court which have yet taken legal effect according to cassation or reopening procedure at the request of the Chief Justice;

dd) Perform duties and powers specified in points d and dd clause 2 Article 3 of this Law.

Article 72. Duties, powers and organizational structure of regional Military Courts

1. A regional Military Court has the following duties and powers:

a) Conduct first-instance trials over criminal lawsuits prescribed by law;

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c) Perform other duties and powers as per law.

2. The regional Military Court has its Chief Justice, Deputy Chief Justices, People’s Court Judges, Clerks, Examiners in charge of judgment enforcement, other military personnel and public employees.

3. The Chief Justice of the Supreme People’s Court shall decide establishment and issue regulations on duties and powers of the assistance apparatus affiliated to the regional Military Court after reaching agreement with the Minister of National Defense.

Chapter V

OFFICIALS, PUBLIC EMPLOYEES AND EMPLOYEES OF PEOPLE'S COURTS

Section 1. GENERAL PROVISIONS

Article 73. Officials, public employees and employees of People's Courts

1. Judicial titles of Courts include:

a) Chief Justices, Deputy Chief Justices of People’s Courts and Military Courts at all levels;

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c) Judges of People’s Courts;

d) Court Examiners;

dd) Court Clerks.

2. Other public employees, military personnel and employees.

Article 74. Responsibilities of officials, public employees and employees of People's Courts

1. Comply with the Constitution, laws and regulations of Courts.

2. Perform duties and powers and assume responsibilities to the law for performance of their duties and powers in accordance with regulations of law.

3. Keep state and work secrets confidential.

4. Learn and study in order to improve their professional qualifications and skills.

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6. Pay compensations and indemnities to the state budget in accordance with the law for damage while performing their duties and powers.

7. Take other responsibilities as per law.

Article 75. Management of public employees and employees of People's Courts

1. The Chief Justice of the Supreme People’s Court shall manage public employees and employees of People's Courts at all levels as per law.

2. The Chief Justice of the Supreme People’s Court shall cooperate with the Minister of National Defense in managing military personnel and public employees of Military Courts at all levels as per law.

3. Chief Justices of Courts at all level, within their duties and powers, shall be responsible for managing public employees, military personnel and employees of Courts according to regulations in this Law and as devolved by the Chief Justice of the Supreme People’s Court.

Section 2. CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF PEOPLE’S COURTS

Article 76. Chief Justice of the Supreme People’s Court

1. The Chief Justice of the Supreme People’s Court shall be elected,discharged or dismissed by the National Assembly at the request of the President of Vietnam.

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2. Upon the expiration of the term of the National Assembly, the incumbent Chief Justice of the Supreme People’s Court shall continue to perform his/her duties until the newly-elected National Assembly elects a new Chief Justice.

Article 77. Duties and powers of the Chief Justice of the Supreme People’s Court

1. Organize trials of the Supreme People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws.

2. Chair meetings of the Judges' Council of the Supreme People’s Court.

3. Protest according to cassation or reopening procedure against legally effective judgments and decisions of People’s Courts in accordance with the law.

4. Submit proposals for clemency from death-sentenced prisoners to the President of Vietnam.

5. Direct overall assessment of adjudication practices and formulate resolutions of the Judges' Council of the Supreme People’s Court, thereby ensuring the uniform application of laws to adjudication; develop and publicly announce precedents;

6. Direct the drafting of bills, ordinances and resolutions to be submitted by the Supreme People’s Court to the National Assembly and National Assembly Standing Committee; issue or jointly issue legislative documents within his/her jurisdiction.

7. Submit proposals for appointment, discharge and removal of Judges of the Supreme People’s Court from office to the National Assembly for approval; propose the President of Vietnam to appoint, discharge or remove Deputy Chief Justices of the Supreme People’s Court and Judges of other People’s Courts from office.

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9. Regulate conditions for each official grade and promotion of official grade of each Court Examiner or Clerk; issue regulations on structure of official grades of Examiners and Clerks at Courts; appoint public employees to Examiner and Clerk grades.

10. Decide rotation, transfer or secondment of Judges of People’s Courts.

11. Request the National Assembly Standing Committee to decide the establishment or dissolution of Superior People’s Courts, provincial and district-level People’s Courts and People’s Courts of first instance; regulations on territorial jurisdiction of Superior People’s Courts and People’s Courts of first instance and establishment of other specialized tribunals of People’s Courts if necessary.

Request the National Assembly Standing Committee to decide the establishment or dissolution of and promulgate regulations on territorial jurisdiction of Military Courts of military zones and equivalents and regional Military Courts after reaching agreement with the Minister of National Defense.

12. Decide organization of specialized tribunals according to regulations in clause 1 Article 56 and clause 1 Article 60 of this Law.

13. Submit proposals for establishment, reorganization or dissolution of authorities and units specified in point c and point dd clause 1 Article 47 of this Law to the National Assembly Standing Committee for approval.

Stipulate organizational apparatus, duties and powers of authorities and units specified in points b, c, d and dd clause 1 Article 47 of this Law.

14. Decide establishment, reorganization or dissolution of and issue regulations on duties and powers of the Office and departments affiliated to the Supreme People’s Court; offices and divisions affiliated to provincial People’s Courts; assistance apparatuses of district-level People’s Courts and People’s Courts of first instance.

15. Decide establishment, reorganization or dissolution of and issue regulations on duties and powers of assistance apparatuses of the central Military Court, Military Courts of military zones and equivalents and regional Military Courts after reaching agreement with the Minister of National Defense.

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17. Inspect staffing works, management of officials, management and use of budgets and facilities by Courts.

18. Give training to Judges, Jurors, Examiners, Clerks, Mediators and other persons as prescribed by law.

19. Be answerable and report his/her tasks to the National Assembly; when the National Assembly is in recess, be answerable and report his/her tasks to the National Assembly Standing Committee and the President; answer questions and respond to recommendations of National Assembly deputies.

20. Organize international cooperation.

21. Perform other duties and powers in accordance with this Law and relevant laws.

Article 78. Deputy Chief Justices of the Supreme People’s Court

1. Deputy Chief Justices of the Supreme People’s Court shall be appointed, discharged or removed from office by the President of Vietnam.

2. Deputy Chief Justices of the Supreme People’s Court shall be selected from among Judges of the Supreme People’s Court or Judges of People’s Courts that meet all standards and conditions specified in clause 1 Article 96 of this Law.

In case Deputy Chief Justices of the Supreme People’s Court are selected from among Judges of People’s Courts, the Chief Justice of the Supreme People’s Court shall request the National Assembly to give approval and the President of Vietnam to appoint Judges of the Supreme People’s Court as per law.

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4. Deputy Chief Justices of the Supreme People’s Court shall assist the Chief Justice in performing duties and powers as assigned by the latter. When the Chief Justice is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the tasks of the Court. Deputy Chief Justices shall be responsible to the law and the Chief Justice for performance of their assigned duties and powers.

5. Deputy Chief Justices shall perform other duties and powers in accordance with this Law and relevant laws.

Article 79. Chief Justices of Superior People’s Courts

1. Chief Justices of Superior People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Supreme People’s Court.

The term of office of a Chief Justice of a Superior People’s Court shall be 5 years from the date of appointment.

2. The Chief Justice of the Superior People’s Court has the following duties and powers:

a) Organize trials of the Superior People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Chair meetings of the Judges' Committee of the Superior People’s Court;

c) Protest according to cassation and reopening procedure against legally effective judgments or decisions of provincial and district-level People’s Courts and People’s Courts of first instance within his/her territorial justification as per law;

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dd) Be answerable and report tasks of the Superior People’s Court to the Chief Justice of the Supreme People’s Court;

e) Perform other duties and powers as per law.

Article 80. Chief Justices of provincial People’s Courts

1. Chief Justices of provincial People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Superior People’s Court.

The term of office of a Chief Justice of a provincial People’s Court shall be 5 years from the date of appointment.

2. The Chief Justice of the provincial People’s Court has the following duties and powers:

a) Organize trials of the provincial People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Chair meetings of the Judges' Committee of the provincial People’s Court;

c) Perform duties and powers over personnel organization as devolved by the Chief Justice of the Supreme People’s Court;

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dd) Recommend the Chief Justice of the Superior People’s Court and the Chief Justice of the Supreme People’s Court to consider protesting against judgments or decisions of Courts which have yet taken legal effect according to cassation or reopening procedure according to regulations of the procedural law;

e) Perform other duties and powers as per law.

Article 81. Chief Justices of district-level People’s Courts

1. Chief Justices of district-level People’s Courts shall be appointed, discharged or removed from office by the Chief Justice of the Superior People’s Court.

The term of office of a Chief Justice of a district-level People’s Court shall be 5 years from the date of appointment.

2. The Chief Justice of the district-level People’s Court has the following duties and powers:

a) Organize trials of the district-level People’s Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Perform duties and powers over personnel organization as devolved by the Chief Justice of the Supreme People’s Court;

c) Be answerable and report tasks to competent People’s Councils according to regulations of law and the Chief Justice of the provincial People’s Court;

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Article 82. Chief Justices of People’s Courts of first instance

1. Chief Justices of People’s Courts of first instance shall be appointed, discharged or removed from office by the Chief Justice of the Supreme People’s Court.

The term of office of a Chief Justice of a People’s Court of first-instance shall be 5 years from the date of appointment.

2. The Chief Justice of the People’s Court of first-instance has the following duties and powers:

a) Organize trials of the People’s Court of first instance; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Perform duties and powers over personnel organization as devolved by the Chief Justice of the Supreme People’s Court;

c) Be answerable and report tasks of the People’s Court of first instance to the Chief Justice of the Supreme People’s Court;

d) Perform other duties and powers as per law.

Article 83. Deputy Chief Justices of Superior People’s Courts; provincial People’s Courts; district-level People’s Courts; People's Courts of first instance

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The term of office of a Deputy Chief Justice of each People’s Court that is above mentioned shall be 5 years from the date of appointment.

2. Deputy Chief Justices of a Superior People’s Court; a provincial People’s Court; a district-level People’s Court or a People's Court of first instance shall assist the Chief Justice in performing duties and powers as assigned by the latter. When the Chief Justice is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the tasks of the Court. Deputy Chief Justices shall be responsible to the law and the Chief Justice for performance of their assigned duties and powers.

3. Deputy Chief Justices shall perform duties and powers according to the procedural law and other duties and powers as per law.

Article 84. Chief Justice of the Central Military Court

1. Chief Justice of the Central Military Court is a Deputy Chief Justice of the Supreme People’s Court who is appointed, discharged or removed from office by the President of Vietnam.

The term of office of the Chief Justice of the Central Military Court shall be 5 years from the date of appointment.

2. The Chief Justice of the Central Military Court has the following duties and powers:

a) Organize trials of the Central Military Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Chair meetings of the Judges' Committee of the Central Military Court;

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d) Organize inspection of performance of tasks by Military Courts of military zones and equivalents;

dd) Provide professional training for Judges of People’s Courts, military Jurors, Examiners, Clerks of Military Courts;

e) Be answerable and report tasks of Military Courts to the Chief Justice of the Supreme People’s Court and the Minister of National Defense;

g) Appoint, discharge or remove from office holders of positions of Military Courts, except for People’s Court Judges, Chief Justices and Deputy Chief Justices;

h) Perform duties and powers according to the criminal procedure law and settle other matters as per law.

Article 85. Chief Justices of Military Courts of military zones and equivalents

1. Chief Justices of Military Courts of military zones and equivalents shall be appointed, discharged and removed from office by the Chief Justice of the Supreme People’s Court after an agreement with the Minister of National Defense is reached.

The term of office of a Chief Justice of a Military Court of military zone or equivalent shall be 5 years from the date of appointment.

2. The Chief Justice of the Military Court of military zone or equivalent has the following duties and powers:

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b) Chair meetings of the Judges' Committee of the Military Court of military zone or equivalent;

c) Be answerable and report tasks of the Military Court of military zone or equivalent, the regional Military Court to the Chief Justice of the central Military Court, the Commander of the military zone or equivalent;

d) Perform duties and powers according to the criminal procedure law and settle other matters as per law.

Article 86. Chief Justices of regional Military Courts

1. Chief Justices of regional Military Courts shall be appointed, discharged and removed from office by the Chief Justice of the Supreme People’s Court after an agreement with the Minister of National Defense is reached.

The term of office of a Chief Justice of a regional Military Court shall be 5 years from the date of appointment.

2. The regional Military Court has the following duties and powers:

a) Organize trials of the regional Military Court; take responsibility for organization of the implementation of the principle that Judges and Jurors shall independently adjudicate and solely comply with the laws;

b) Be answerable and report tasks of the regional Military Court to the Chief Justice of the Military Court of military zone or equivalent;

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Article 87. Deputy Chief Justices of central Military Court, Military Courts of military zones and equivalents, and regional Military Courts

1. Deputy Chief Justices of the central Military Court, Military Courts of military zones and equivalents, and regional Military Courts shall be appointed, discharged and removed from office by the Chief Justice of the Supreme People’s Court after an agreement with the Minister of National Defense is reached.

The term of office of a Deputy Chief Justice of the central Military Court, a Military Court of military zone or equivalent, or a regional Military Court shall be 5 years from the date of appointment.

2. Each Deputy Chief Justice of the central Military Court, the Military Court of military zone or equivalent, or the regional Military Court shall assist the Chief Justice in performing duties and powers as assigned by the Chief Justice. When the Chief Justice is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the tasks of the Court. Deputy Chief Justices shall be responsible to the law and the Chief Justice for performance of their assigned duties and powers.

3. Deputy Chief Justices shall perform other duties and powers as per law.

Section 3. JUDGES

Article 88. Judges

Judges are persons who fully meet the standards and conditions prescribed by this Law and appointed by the President of Vietnam to adjudicate and perform other duties and powers according to regulations of this Law and relevant laws.

Article 89. Judge’s pledge

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2. The Chief Justice of the Supreme People’s Court shall provide for pledge methods to be used by Judges.

Article 90. Judge grades and ranks

1. Judge grades include:

a) Judges of the Supreme People’s Court;

b) Judges of People’s Courts;

2. The National Assembly Standing Committee shall promulgate regulations on ranks of Judges of People’s Courts, conditions for each rank and rank promotion at the request of the Chief Justice of the Supreme People’s Court.

Article 91. Appointment of Judges

1. Judges of the Supreme People’s Court shall be appointed by the President of Vietnam according to approval resolutions of the National Assembly at the request of the Chief Justice of the Supreme People’s Court.

2. Judges of People’s Courts shall be appointed by the President of Vietnam at the request of the Chief Justice of the Supreme People’s Court.

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Article 92. Duties and powers of Judges of the Supreme People’s Court

1. Perform duties and powers of members of the Judges’ Council of the Supreme People’s Court.

2. Participate in training courses, teaching and scientific research.

3. Perform other duties and powers in accordance with regulations of law and as devolved by the Chief Justice of the Supreme People’s Court.

Article 93. Duties and powers of Judges of People’s Courts

1. Judges of People’s Courts shall perform duties and powers specified in points a, b, c, d and dd clause 2 Article 3 of this Law.

2. A People’s Court Judge that works for the Supreme People’s Court has the following duties and powers:

a) Consider deciding to accept petitions according to cassation or reopening procedure as assigned by the Chief Justice of the Supreme People’s Court;

b) Send proposals to the Chief Justice and Judges of the Supreme People’s Court for processing written requests, petitions and recommendations according to cassation or reopening procedure;

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d) Formulate proposals and draft conclusions of examination of files, documents and evidences concerning lawsuits and cases in which Court judgments or decisions have taken legal effect and submit them to Judges, the Chief Justice and Judges’ Council of the Supreme People’s Court;

dd) Request the Chief Justice of the Supreme People’s Court to implement procedural recommendations according to regulations of the procedural law;

e) Request the Chief Justice of the Supreme People’s Court to perform duties and powers over execution of death sentences and pardon-related activities as per law;

g) Request the Chief Justice and the Judges’ Council of the Supreme People’s Court to develop precedents for legally effective judgments or decisions;

h) Propose lessons to be drawn and assurance of uniform application of laws to practical adjudication and settlement of lawsuits and cases;

i) Adjudicate and settle lawsuits and cases at other Courts according to regulations issued by the Chief Justice of the Supreme People’s Court.

3. Judges shall perform other duties and powers in accordance with regulations of law and as assigned by the Chief Justice.

Article 94. Standards to be satisfied by People’s Court Judge

1. Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has good ethical qualities, firm political stance, and courage and resolve to safeguard justice, and is incorrupt and honest.

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3. Possessing at least Bachelor of Law.

4. Having been professionally trained in adjudication.

5. Having been engaged in legal affairs for a certain period of time.

6. Being physically fit to fulfill assigned duties.

Article 95. Conditions for appointment of Judges of People’s Courts

1. A person who fully meets the standards prescribed in Article 94 of this Law and the following conditions may be selected and appointed as a Judge of a People’s Court; regarding an in-service army officer, he/she may be selected and appointed as a Judge of a Military Court:

a) Having been engaged in legal affairs for at least 5 years; being capable of adjudicating and settling lawsuits/cases within the jurisdiction of his/her Court prescribed by the law;

b) Having passed a Judge recruitment exam.

2. In a special case, a person who fully meets the standards prescribed in clauses 1, 3,5 and 6 Article 94 of this Law may be appointed as a Judge of a People’s Court; regarding an in-service army officer, he/she may be selected and appointed as a Judge of a Military Court in one of the following cases:

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b) Having been engaged in legal affairs for at least 15 years; being transferred by a competent agency or organization to hold the leading position in a provincial People’s Court, a superior People’s Court, a People’s Court of first instance or a Military Court of military zone or equivalent or the central Military Court.

Article 96. Standards and conditions for appointment of Judges of the Supreme People’s Court

1. A person who fully meets the standards prescribed in clauses 1, 3, 5 and 6 Article 94 of this Law and the following conditions may be selected and appointed as a Judge of the Supreme People’s Court:

a) Being at least 45 years old;

b) Have a minimum of 20 years of experience working within the Judiciary, including at least 10 years serving as a People’s Court Judge. In a special case, a competent authority shall issue a decision but he/she shall have a minimum of 05 years of experience working as a Judge of a People’s Court;

c) Being capable of adjudicating and settling lawsuits/cases, and other matters within the jurisdiction of the Supreme People’s Court prescribed by the law.

2. A person who does not work in a Court but has high reputation in society, meets the standards specified in clause 1 and clause 6 Article 94 of this Law and conditions for appointment specified in point a and point c clause 1 of this Article, and follows procedures as per law may be selected and appointed as a Judge of the Supreme People’s Court in one of the following cases:

a) Holding an important position in a central authority or organization, being deeply knowledgeable about politics, law, economy, culture, society, security, national defense and diplomacy;

b) Being an expert, attorney, lecturer or scientist who has high qualification in law, holds an important position in a political authority or organization, socio-political organization, socio-political-professional organization or socio-professional organization.

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Article 97. Procedures for approval and appointment of Judges of the Supreme People’s Court

1. The Chief Justice of the Supreme People’s Court shall submit his/her proposals for appointment of Judges of the Supreme People’s Court to the National Assembly for approval.

2. Dossiers to be submitted to the National Assembly for approval of proposals for appointment of Judges of the Supreme People’s Court shall be sent to the National Assembly Standing Committee for consideration before they are presented at the nearest session of the National Assembly.

3. The Judiciary Committee of the National Assembly shall examine submitted dossiers for the National Assembly’s approval of proposals for appointment of Judges of the Supreme People’s Court.

4. The National Assembly shall consider ratifying resolutions to approve proposals for appointment of Judges of the Supreme People’s Court.

5. Pursuant to approval resolutions of the National Assembly, the President of Vietnam shall issue decisions to appoint Judges of the Supreme People’s Court.

6. Judges of the Supreme People’s Court shall make pledges in accordance with Article 89 of this Law.

Article 98. Procedures for proposing appointment and re-appointment of Judges of People’s Courts

The Chief Justice of the Supreme People’s Court shall provide for procedures for proposing appointment and re-appointment of Judges of People’s Courts.

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1. An Exam Council for recruitment of People’s Court Judges shall be composed of the Chief Justice of the Supreme People’s Court who acts as its Chairperson; one Deputy Chief Justice of the Supreme People’s Court and representatives of the leaderships of the Ministry of National Defense and Ministry of Home Affairs that act as its members.

The list of members of the Exam Council for recruitment of People’s Court Judges shall be decided by the Chief Justice of the Supreme People’s Court.

2. The Exam Council for recruitment of People’s Court Judges has the following duties and powers:

a) Organize exams for recruitment of People’s Court Judges;

b) Publicly announce lists of persons who pass exams.

3. Regulations on operations of the Exam Council for recruitment of People’s Court Judges and exams for recruitment of Judges shall be regulated by the Chief Justice of the Supreme People’s Court.

Article 100. Term of office of Judge

1. The term of office of a Judge of the Supreme People’s Court lasts from the date of appointment until the date of retirement or reassignment.

2. The initial term of office of the appointed People’s Court Judge is 5 years from the date of appointment. The term of office of the re-appointed Judge lasts until the date of retirement or reassignment.

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4. Judges that fail to meet conditions for re-appointment shall be assigned to perform other appropriate duties; when meeting conditions for appointment as People's Court Judges and wishing to do so, they shall take judge recruitment exams. In this case, the term of office of the Judge will be considered as the initial term.

Article 101. Policies applicable to Judges

A Judge shall be entitled to the following policies:

1. Receiving salary and allowances according to Article 142 of this Law;

2. Being considered to be eligible for policies applicable to a war invalid or to be recognized as a martyr and being entitled to other policies as prescribed by law when he/she suffers damage to his/her life or health due to official duties;

3. Being trained to improve his/her professional qualifications and skills;

4. Being provided with formal attires and a judge ID card to perform his/her duties;

5. Being honored, commended and rewarded in accordance with the law on emulation and commendation;

6. Being eligible for other policies as per law.

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1. A Judge’s honor and reputation shall be respected and the Judge shall be protected when he/she performs official duties and if necessary.

2. The following acts shall be prohibited:

a) Intimidating, infringing upon the life or health, offending the honor, dignity, reputation, legitimate rights and interests of the Judge or his/her relatives when the Judge performs his/her official duties or due to official duties;

b) Obstructing the Judge in the course of his/her official duties;

c) Affecting independent adjudication and sole compliance with the law by, and impartiality and objectivity of the Judge when he/she performs his/her official duties.

3. In case the Judge’s honor or dignity is offended when he/she performs his/her duties, the Judge, the Chief Justice of the Court for which the Judge is working may request authorities/organizations/individuals to terminate the offence and give their public apologies. Such authorities/organizations/individuals shall immediately cease their violations.

4. In case the safety of the Judge or his/her relatives is threatened due to performance of his/her duties, the Chief Justice of the Court for which the Judge is working may request a competent police authority to take necessary measures to guarantee the safety of the Judge or his/her relatives. The requested police authority shall be responsible for considering the nature and severity of the threat to implement appropriate protective measures.

5. The Judge who has issued a judgment or decision that is annulled or amended shall only be held responsible for subjective errors according to regulations of law. The Chief Justice of the Supreme People’s Court shall elaborate this clause.

6. Authorities/organizations/individuals that commit acts specified in clause 2 of this Article shall, depending on the nature and severity of their acts, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law.

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Article 103. Responsibilities of Judges

1. Be loyal to the Fatherland, comply with the Constitution and laws and resolutely safeguard justice.

2. Respect, dedicatedly serve, keep close ties with, and submit to supervision by, the People.

3. Independently adjudicate and solely comply with the law; be impartial and objective in adjudication; observe the code of conduct and professional ethics of Judges, and preserve the reputation of Courts.

4. Protect interests of the State, public interests, legitimate rights and interests of organizations and individuals.

5. Protect legitimate rights and interests of suspects, defendants, victims, litigants and proceeding participants as per law.

6. Keep state and work secrets confidential in accordance with regulations of law.

7. Learn, study, practice and gain experience in order to improve their knowledge about laws, professional qualifications and skills in adjudication, professional ethics, political stance and professionalism of Judges.

8. Participate in training courses on professional qualifications and skills in adjudication, relevant social knowledge, responsibilities and conduct of Judges according to regulations issued by the Chief Justice of the Supreme People’s Court.

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Article 104. Prohibited actions for Judges

1. Committing acts which officials and public employees must not perform as per law.

2. Violating code of professional ethics and conduct of Judges.

3. Providing advice for suspects, defendants, litigants and other proceeding participants on lawsuits/cases within their jurisdiction over settlement or jurisdiction to participate in settlement.

4. Illegally interfering in the adjudication and settlement of lawsuits and cases or taking advantage of their influence to influence persons responsible for adjudication and settlement of such lawsuits and cases.

5. Bringing lawsuit/case files or documents in lawsuit/case files out of the premises of their agencies, unless for performance of their assigned duties or approved by competent persons.

6. Receiving suspects, defendants, litigants and other proceeding participants in lawsuits/cases which they have jurisdiction over adjudication/settlement in inappropriate locations.

7. Abusing their powers; harassing, delaying, causing difficulties and troubles for suspects, defendants, litigants and other proceeding participants and proceeding officers.

8. Coercing or recommending suspects, defendants, litigants and other proceeding participants and proceeding officers to provide documents, make declarations or present facts in a dishonest and subjective manner.

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10. Acting as attorneys, notaries, bailiffs, arbitrators, mediators, duty solicitors, auctioneers, management officers; providing legal advice for commercial juridical persons; contributing capital to law firms, law offices, notary offices, bailiff offices and arbitration centers.

Article 105. Information about Judges committing violations

1. In case a Judge of the Supreme People’s Court is detained in the act of a crime, a detention decision-issuing authority shall immediately notify the President of Vietnam and the Chief Justice of the Supreme People’s Court.

In case of arrest, custody, detention of and prosecution against, search of the place of residence or workplace of the Judge of the Supreme People’s Court, an investigation authority shall immediately notify the President of Vietnam and the Chief Justice of the Supreme People’s Court.

2. In case a Judge of a People’s Court is detained in the act of a crime, a detention decision-issuing authority shall immediately notify the Chief Justice of the Supreme People’s Court.

In case of arrest, custody, detention of and prosecution against, search of the place of residence or workplace of the Judge of the People’s Court, an investigation authority shall immediately notify the Chief Justice of the Supreme People’s Court.

Article 106. Transfer, rotation and secondment of Judges of People’s Courts

1. Judges of People’s Courts shall be transferred to make sure that Courts can fulfill their adjudication duties and other duties as per law.

2. Judges of People’s Courts that hold leading and managerial positions in Courts shall rotate to meet requirements for duties and personnel plannings.

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4. Judges of People’s Courts shall be transferred or seconded or shall rotate as devolved by the Chief Justice of the Supreme People’s Court.

The Chief Justice of the Supreme People’s Court shall provide for devolution of transfer, rotation and secondment of Judges of People’s Courts.

5. Transfer of and rotation by Judges of Military Courts shall be decided by the Minister of National Defense after an agreement with the Chief Justice of the Supreme People’s Court is reached. The secondment of a Judge from a Military Court to another Military Court for performance of duties for a fixed period shall be decided by the Minister of National Defense.

Article 107. Discharge of Judges from office

1. Judges shall be automatically discharged from office when they retire, resign or shift to other professions.

2. Judges may be discharged from office due to their poor health, failure to fulfill their duties or other reasons.

3. Judges may be discharged from office in accordance with their wishes.

Article 108. Removal of Judges from office

1. Judges shall be automatically removed from office when they are convicted by Courts under legally effective judgments or mandatorily terminated.

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a) Committing violations in the course of adjudication and settlement of lawsuits/cases under the jurisdiction of their Courts;

b) Violating regulations of Article 104 of this Law;

c) Possessing no ethical qualities;

d) Committing other illegal acts.

Article 109. Procedures for discharging and removing Judges from office

1. The National Council for Selection and Supervision of Judges shall consider cases of discharge and removal of Judges from office at the request of the Chief Justice of the Supreme People’s Court.

2. Discharge and removal of Judges of the Supreme People’s Court from office shall follow procedures specified in clauses 1,2,3,4 and 5 Article 97 of this Law.

3. At the request of the National Council for Selection and Supervision of Judges, the Chief Justice of the Supreme People’s Court shall request the President of Vietnam to decide the discharge and removal of Judges of People’s Courts from office.

4. Procedures for proposing discharge and removal of Judges of People’s Courts from office shall be regulated by the Chief Justice of the Supreme People’s Court.

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1. The National Council for Selection and Supervision of Judges shall consider recommendations related to appointment, discharge, removal, commendation and discipline of Judges. Regarding well-grounded recommendations about appointment, discharge and removal of Judges from office, the Council shall request the Chief Justice of the Supreme People’s Court to submit such recommendations to the President of Vietnam for consideration and decision.

Regarding well-grounded recommendations about commendation and discipline, the Council shall request competent authorities or persons to consider implementing such recommendations.

2. The Chief Justice of the Supreme People’s Court shall resolve complaints related to transfer, rotation and secondment of Judges of People’s Courts as per law.

Section 4. COURT EXAMINERS AND CLERKS

Article 111. Court Examiners

Court Examiners are persons who fully meet the standards and conditions prescribed by this Law and appointed by the Chief Justice of the Supreme People’s Court to examine lawsuit/case files and perform other duties in accordance with this Law.

Article 112. Standards to be satisfied by Court Examiner

1. Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution, has good ethical qualities and firm political stance, and is incorrupt and honest.

2. Possessing at least Bachelor of Law.

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4. Having been professionally trained in Examiner's operations or adjudication.

5. Having been engaged in legal affairs for a certain period of time.

6. Being physically fit to fulfill assigned duties.

Article 113. Conditions for appointment of Court Examiners

A person who fully meets the standards prescribed in Article 112 of this Law and falls into one of the following cases may be considered to be appointed as a Court Examiner:

1. Having worked as a Court clerk for at least 03 years;

2. Having been engaged in legal affairs for at least 03 years.

Article 114. Grades of Court Examiners

1. Grades of Court Examiners include:

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b) Principal Examiners;

b) Senior Examiners;

2. The Chief Justice of the Supreme People’s Court shall elaborate conditions for each grade and promotion of grades of Examiners.

3. The Chief Justice of the Supreme People’s Court shall issue regulations on structure of grades of Examiners at Courts.

Article 115. Duties and powers of Court Examiners

1. A Court Examiner has the following duties and powers:

a) Conduct study and propose acceptance of petitions according to cassation/reopening procedure;

b) Study written requests, petitions and recommendations according to cassation or reopening procedure; examine files, documents and evidences of lawsuits/cases in which Court judgments or decision have taken legal effect and propose settlement methods;

c) Inspect and appraise documents and evidences as per law;

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dd) Study legally effective judgments and decisions to propose selection, and develop precedents;

e) Advise overall assessment of adjudication practices and assurance of uniform application of laws to adjudication;

g) Perform other duties and powers as per law.

2. Court Examiners shall perform duties and powers specified in clause 1 of this Article and other duties and powers as assigned by the Chief Justice.

3. Court Examiners shall be responsible to the law and the Chief Justice for performance of their duties and powers.

Article 116. Court Clerks

Court Clerks are persons who fully meet the standards and conditions prescribed by this Law and appointed by the Chief Justice of the Supreme People’s Court to initiate procedural procedures and perform administrative and judicial duties and other duties as per this Law.

Article 117. Standards and conditions for appointment of Court Clerks

A Vietnamese citizen who meets all of the following standards and conditions may be considered to be appointed as a Court Clerk:

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2. Being recruited to act as a Court official;

3. Having been professionally trained in Clerk's operations.

Article 118. Grades of Court Clerks

1. Grades of Court Clerks include:

a) Clerks;

b) Principal Clerks;

c) Senior clerks.

2. The Chief Justice of the Supreme People’s Court shall elaborate conditions for each grade and promotion of grades of Clerks.

3. The Chief Justice of the Supreme People’s Court shall issue regulations on structure of grades of Clerks at Courts.

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1. A Court Clerk has the following duties and powers:

a) Act as a Clerk of a trial and conduct procedural activities prescribed by the law;

b) Perform administrative and judicial duties and other duties and powers as assigned by the Chief Justice;

c) Perform other duties and powers as per law.

2. Court Clerks shall be responsible to the law and the Chief Justice for performance of their duties and powers.

Article 120. Policies applicable to Court Examiners and Clerks

Court Examiners and Clerks shall be entitled to the following policies:

1. Receive salary and allowances according to Article 142 of this Law;

2. Being provided with formal attires and certificates of judicial titles to perform their duties;

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4. Being commended in accordance with the law on emulation and commendation.

Chapter VI

JURORS

Article 121. Jurors

1. Jurors are representatives of the People participating in trials in Courts.

2. Jurors include:

a) People’s Jurors;

b) Military Jurors.

Article 122. Standards to be satisfied by Jurors

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a) Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution, has good ethical qualities, firm political stance, reputation in the population community and courage and resolve to safeguard justice, and is incorrupt and honest;

b) Being 28 to 70 years old;

c) Having legal knowledge;

d) Being socially knowledgeable;

dd) Being physically fit to fulfill assigned duties;

e) Not being disciplined by reprimand, warning, paycut or demotion; not being disciplined in the form of dismissal/removal from office/mandatory termination;

g) Not being prosecuted or convicted by a Court under a legally effective judgment;

h) Having never been dismissed from the position of Juror.

2. A person who is elected as a Juror in a People’s Court of first-instance shall meet all of the following standards:

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b) Having professional knowledge and working experience in the fields within the jurisdiction over adjudication and settlement of the People's Court of first instance.

Article 123. Persons not permitted to act as Jurors

1. Persons who are holding juridical titles, public employees and employees in Courts, Procuracies, police authorities, judgment enforcement authorities, and authorities assigned to conduct some investigation activities as prescribed by law.

2. Attorneys.

3. Notaries.

4. Bailiffs.

5. Duty solicitors.

Article 124. Election and nomination of Jurors

1. Election of people’s Jurors shall apply to Jurors at provincial People’s Courts; district-level People’s Courts; People's Courts of first instance.

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Article 125. Duties and powers of Jurors

1. People’s Jurors shall adjudicate lawsuits within the jurisdiction of People’s Courts as assigned by Chief Justices of Courts of provinces or districts where they are elected; Jurors at People’s Courts of first instance shall adjudicate lawsuits as assigned by Chief Justices of People’s Courts of first instance.

2. Military Jurors shall adjudicate lawsuits within the jurisdiction of Military Courts as assigned by Chief Justices of Courts of zones or regions where they are nominated.

3. Jurors shall perform duties assigned by Chief Justices. If they cannot perform their duties, they shall clearly state reasons.

4. A Juror who has not been assigned by the Chief Justice of his/her Court to adjudicate lawsuits for 06 months may request the latter to notify the reason.

5. Upon adjudication, Jurors shall perform duties and powers as per law.

Article 126. Responsibilities of Jurors

1. Be loyal to the Fatherland and exemplary in compliance with the Constitution and laws.

2. Participate in adjudication as assigned by Chief Justices of their Courts, unless they have plausible reasons for refusal to do so or otherwise prescribed by the procedural law.

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4. Respect and submit to supervision by the People.

5. Keep state and work secrets confidential in accordance with regulations of law.

6. Actively learn to improve their legal knowledge and skills in adjudication; participate in trials for professional review and adjudication review conferences

7. Comply with Courts’ regulations and rules.

8. Be responsible to the law for performance of their duties and powers.

If Jurors cause damage while performing their duties or exercising their powers, their Courts where they adjudicate lawsuits shall pay compensations for damage and such Jurors shall pay indemnities to their Courts in accordance with law.

Article 127. Procedures for electing, nominating, discharging and dismissing Jurors

1. Each provincial People’s Court or district-level People’s Court shall notify its demands for Jurors in terms of number and composition to the same-level Vietnam Fatherland Front Committee that will select and recommend persons who fully meet the standards prescribed in clause 1 Article 122 of this Law so that the competent People’s Council elects people’s Jurors prescribed by a law;

The composition of people's Jury shall be reasonable and conformable with requirements for adjudication of lawsuits within the jurisdiction of Courts and local situation and characteristics. The number of nominees for people's Jurors must be larger than the number of Jurors needed.

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2. Each People’s Court of first instance shall notify its demand for number of Jurors and a list of nominees for Jurors; request the provincial Vietnam Fatherland Front Committee, within its territorial jurisdiction, to select and recommend persons who fully meet the standards prescribed in clause 2 Article 122 of this Law so that the provincial People’s Council elects Jurors who will participate in trials at the People’s Court of first instance. The number of nominees for people's Jurors must be larger than the number of Jurors needed.

After reaching agreement with the provincial Vietnam Fatherland Front Committee, the Chief Justice of the People’s Court of first instance, within its territorial jurisdiction, shall request the People’s Council to discharge or dismiss Jurors of the People’s Court of first instance.

3. Military Jurors of a Military Court of a military zone or equivalent shall be nominated by the Director of the General Department of Politics of the Vietnam People’s Army after they are recommended by the political office of the military zone, army corp, arm, general department or the equivalent.

After reaching agreement with the political office of the military zone, army corp, arm, general department or the equivalent, the Chief Justice of the Military Court of the military zone or equivalent shall request the Director of the General Department of Politics of the Vietnam People’s Army to discharge or dismiss military Jurors of the Court of the military zone or equivalent.

4. Military Jurors of a regional Military Court shall be nominated by the political Commissar of the military zone, army corp, arm, general department or the equivalent after they are recommended by the political office of the division or the equivalent.

After reaching agreement with the political office of the division or the equivalent, the Chief Justice of the regional Military Court shall request the political Commissar of the military zone, army corp, arm, general department or the equivalent to discharge or dismiss military Jurors of the regional Military Court.

Article 128. Term of office of Juror

1. The term of office of a people’s Juror of a provincial People’s Court; a district-level People’s Court or a People's Court of first instance shall coincide with that of the People’s Council that has elected such people’s Juror.

When the term of office of the People’s Council ends, the people’s Juror shall remain on duty until the new-term People’s Council elects the new-term people’s Juror.

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Article 129. Discharge and dismissal of Jurors

1. Jurors may be discharged from office due to poor health, in accordance with their wishes or for plausible reasons.

2. Jurors shall be dismissed when they have no ethical qualities or commit illegal acts and are no longer capable to act as Jurors.

Article 130. Policies applicable to Jurors

1. Jurors shall be professionally trained and entitled to participate in adjudication review conferences organized by their Courts.

The Supreme People’s Court shall develop programs and plans for and documents on professional training to be provided for Jurors on a nationwide scale in a uniform manner; and give regular and thematic training to Jurors according to regulations and realistic demands.

2. Periods of working as Jurors of officials, public employees, active-duty military personnel or national defense workers shall be included in their working periods at their authorities or units. When participating in operations at Courts, Jurors shall be reimbursed for relevant costs as per law.

3. Jurors shall be honored, commended and rewarded in accordance with the law on emulation and commendation and regulations issued by the Supreme People’s Court.

4. Upon participation in adjudication, allowances for Jurors shall be regulated by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People’s Court.

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Article 131. Juries

1. Jurors shall be organized into Juries.

2. The Central Committee of the Vietnam Fatherland Front shall preside over and cooperate with the Ministry of Home Affairs, the Ministry of National Defense and the Supreme People’s Court in, submitting regulations on organization and operation of Juries to the National Assembly Standing Committee for promulgation.

Article 132. Responsibilities of military units, authorities and organizations toward Jurors

1. Military units, authorities and organizations that have persons who are elected or nominated as Jurors shall enable these Jurors to perform their duties.

2. When Jurors perform their duties as assigned by Chief Justices, military units, authorities and organizations managing such Jurors may neither transfer nor assign them to do other jobs, except in special cases such transfer or assignment shall be notified to Chief Justices of Courts where Jurors perform their duties.

Article 133. Maintenance of operation of Jurors and Juries

1. Courts shall fully provide equipment and offices in order for Jurors to adjudicate lawsuits.

2. Funding provided for support for operations of Juries, allowances for Heads and Deputy Heads of Juries; funding for professional training for Jurors shall be covered by state budget and are part of Courts’ operating budgets.

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3. Jurors shall be issued with juror ID cards for adjudication. Forms of juror ID cards, use, issuance, replacement and revocation of juror ID cards shall be regulated by the Chief Justice of the Supreme People’s Court.

4. Each Juror shall be protected when he/she adjudicates a lawsuit. Acts of obstructing, threatening, infringing upon the life or health, offending the honor, dignity, reputation of the Juror or his/her relatives shall be prohibited. Any Juror who commits violations shall be handled as per law.

Article 134. Commending Jurors and handling violations committed by Jurors

1. Jurors having adjudication-related achievements shall be commended in accordance with the law on emulation and commendation and regulations issued by the Supreme People’s Court.

2. Jurors that commit violations shall, depending on the nature and severity of their violations, be dismissed or face criminal prosecution in accordance with law.

Chapter VII

ORGANIZATION OF TRIALS

Article 135. Random selection of Judges and Jurors attending trials

Chief Justices of Courts where Judges and Jurors perform their duties shall decide to assign Judges and Jurors to adjudicate and settle lawsuits/cases in impartial, objective, and random manner as per law and in accordance with regulations issued by the Supreme People’s Court.

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1. Trials may be organized offline or online.

2. Offline trial is a trial organized at a courtroom; proceeding officers, defendants, victims, litigants and proceeding participants shall be present at courtrooms in order to attend offline trials.

3. Online trial is a trial organized at a courtroom using electronic devices connected to each other electronically, allowing the defendant(s)/ victim(s)/litigant(s)/proceeding participant(s) to attend the trial at a location outside the courtroom decided by the Court while being able to directly monitor the trial via visual and audio devices and to participate in the procedures of the trial by speech and continuous and public procedural acts at the same time.

The organization of the online trial shall comply with regulations of law; ensure cyber information security and safety; meet conditions for technique and facilities; and maintain the solemnity of trial.

4. Conditions for organization of online trials and procedural procedures followed at online trials shall be prescribed by law.

Article 137. Courtrooms

1. Courtroom is a place where criminal and administrative lawsuits are adjudicated; civil and bankruptcy cases are adjudicated and settled and administrative measures are considered to be applied under decisions of a Court.

2. Courtrooms include cassation and reopening courtrooms; first instance and appeal courtrooms.

3. First instance and appeal courtrooms include:

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b) Courtrooms where administrative and civil lawsuits are adjudicated; civil matters and bankruptcy cases are settled and administrative measures are considered to be applied under decisions.

c) Courtrooms where lawsuits and cases within the jurisdiction of family and juvenile tribunals are adjudicated and settled.

4. Courtrooms shall be designed solemnly and meet requirements for adjudication and settlement of each lawsuit/case in order to maintain security and order of trials.

Courtrooms where lawsuits and cases within the jurisdiction of family and juvenile tribunals are adjudicated and settled shall be designed friendly to make sure that best interests of juveniles are maintained.

 5. Each courtroom shall have the National Emblem of the Socialist Republic of Vietnam; and the positions of the Trial Panel, Judges presiding over the trial and chairing the meeting, proceeding officers or participants and equipment serving adjudication and settlement of the lawsuit/case shall arranged at the courtroom.

6. Regulations on equipment and methods for designing and arranging courtrooms of Courts shall be regulated by the Chief Justice of the Supreme People’s Court.

Article 138. Mediation and dialogue rooms

1. Mediation and dialogue room is a place for mediation and dialogues at a Court according to regulations of the Law on Mediation or Dialogue at the Court, the Civil Procedure Code and the Law on Administrative Procedures.

2. Mediation and dialogue rooms shall be equipped with equipment to serve mediation and dialogues at Courts.

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Article 139. Rules applicable to trials and meetings

1. Rules applicable to trials and meetings (hereinafter referred to as “trial rules”) are general rules of conduct, binding, applied to persons present at such trials and meetings and issued by the Chief Justice of the Supreme People's Court in accordance with regulations of law. These trial rules shall be enforced to maintain security, order and solemnity of Courts.

 2. Judges presiding over trials and meetings shall be responsible for maintaining security and order at courtrooms and mediation and dialogue rooms according to trial rules.

3. Judges presiding over trials and meetings are entitled to prohibit persons who break trial rules, potentially affecting the solemnity, security and order of courtrooms, mediation and dialogue rooms from entering or compel such persons to leave such courtrooms, mediation and dialogue rooms; issue decisions on imposition of administrative penalties, administrative detention, or request or recommend competent authorities to initiate criminal proceedings in accordance with regulations of law.

4. Persons who break trial rules, depending on the nature and severity of their acts, shall be prohibited from entering or forced to leave courtrooms, mediation and dialogue rooms, incur administrative penalties, be administratively detained or face criminal prosecution in accordance with law.

5. The Chief Justice of the Supreme People’s Court shall elaborate this Article.

Article 140. Protection of Courts

1. Subjects of protection at Courts include:

a) Premises of Courts;

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c) Files, documents and evidences of lawsuits and cases;

d) Trial Panels, Judges and persons holding other judicial titles.

2. Subjects shall be protected in such a way to absolutely ensure safety, security, order, civilization, and solemnity of the Court.

3. Security forces shall be deployed within the premises of the People's Court. State budget shall cover the costs of operation of security forces.

4. Trials over adjudication of criminal lawsuits shall be protected by the People's Public Security Force and People's Army Force. The Court shall request the People's Public Security Force to protect trials over and meetings about adjudication and settlement of other lawsuits and cases which affect security and order.

5. Trial Panels, Judges and persons holding other judicial titles shall be protected by the People's Public Security Force in the course of adjudication and settlement of other lawsuits and cases as requested by Courts.

6. The Chief Justice of the Supreme People’s Court, the Minister of Public Security, within their duties and powers shall elaborate this Article.

Article 141. Attendance and provision of information at trials and meetings

1. A person from 16 years of age and above is entitled to attend a public trial as per law. A person under 16 years of age is prohibited from entering a courtroom, except for the case where he/she is summoned by the Court.

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3. Audio and video recordings at a trial or meeting, except for the case specified in clause 4 of this Article, shall be regulated as follows:

a) Audio recordings shall be made throughout the trial or meeting;

b) Video recordings shall only be made at the trial or meeting during the opening of the trial or meeting, and the announcement of the judgment/decision;

c) Recordings of spoken words and images of the Trial Panel or the Judges specified in point a and point b of this clause shall be approved by the Judge presiding over the trial/meeting; recordings of spoken words and images of proceeding officers or participants in the trial/meeting shall be approved by such proceeding officers and participants and the Judge presiding over the trial/meeting.

4. Courts shall make audio and video recordings throughout trials and meetings if necessary in order to serve performance of professional duties. Audio and video recordings made throughout trials and meetings shall be used and provided in accordance with regulations of law.

The Chief Justice of the Supreme People’s Court shall elaborate this clause.

5. Participants in trials and meetings shall not broadcast or livestream such trials and meetings; provide false information; supply information that affects the independence and sole compliance with the law, impartiality and objectivity in adjudication and settlement of lawsuits/cases; infringe upon human rights of defendants, victims, litigants, and other proceeding participants of lawsuits and cases; violate regulations on protection of secrets as prescribed by law.

Chapter VIII

ASSURANCE OF OPERATIONS OF PEOPLE’S COURTS

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1. The State shall issue preferential policies on salaries and allowances paid to Judges, Examiners and Clerks.

2. Salaries and allowances paid to Judges, Examiners and Clerks shall be regulated by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People's Court.

3. Salaries and allowances paid to other public employees and employees of Courts shall comply with regulations of law.

4. Court public employees who are transferred or seconded or rotate at Courts shall be entitled to policies as per law.

Article 143. Formal attires, Judge ID cards and certificates of judicial titles

1. Formal attires of Judges shall be regulated by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People's Court

Formal attires of Examiners and Clerks shall be regulated by the Chief Justice of the Supreme People's Court.

Formal attires shall be provided and used in accordance with regulations issued by the Chief Justice of the Supreme People's Court.

2. Forms of Judge ID cards and use, issuance, replacement and revocation of Judge ID cards shall be regulated by the Chief Justice of the Supreme People's Court.

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4. Formal attires of Judges of People's Courts, military Jurors, Examiners, Clerks of Military Courts shall be regulated by the Minister of National Defense after an agreement with the Chief Justice of the Supreme People's Court is reached.

Article 144. Training

1. Judges, Court Examiners, Court Clerks, other public employees and employees of Courts, Jurors, Mediators and holders of other titles related to the Courts’ operations shall be trained according to regulations.

2. The Chief Justice of the Supreme People’s Court shall issue regulations on training for People's Courts.

3. Funding for training shall be secured by the State as per law.

Article 145. Policies applicable to other public employees and employees of Courts

Other public employees and employees of Courts shall be provided with formal attires and entitled to policies as per law.

Article 146. Number of Judges and payroll of People’s Court

1. The number of Judges of the Supreme People’s Court shall comply with clause 1, Article 48 of this Law.

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3. The number of Judges of each People's Court and structure of Judge ranks at each People's Court level shall be decided by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People’s Court after receipt of opinions of the Government.

4. The number of Judges of each People's Court and structure of Judge ranks at each Military Court level shall be decided by the National Assembly Standing Committee at the request of the Chief Justice of the Supreme People’s Court after an agreement with the Minister of National Defense is reached.

5. On the basis of total payroll, number of Judges allocated and structure of Judge ranks at each Court level, the Chief Justice of the Supreme People’s Court shall:

a) allocate payrolls and numbers of Judges of People’s Courts;

b) allocate payrolls and numbers of People’s Court Judges of Military Courts after reaching agreement with the Minister of National Defense.

6. The number of Judges and payroll shall be allocated on the basis of job positions, functions and tasks of the Court; population scale, natural area, socio-economic development; circumstances of disputes, violations and crimes in local areas within the jurisdiction of the Court.

Article 147. Funding for operations and facilities of Courts

1. Funding for operations of Courts at all levels shall be covered by the state budget.

2. After reaching agreement with the Supreme People’s Court, the Government shall request the National Assembly to decide funding for operations of Courts specified in points a, b, c, d and dd clause 1 Article 4 of this Law. In case the Government and the Supreme People's Court do not agree on estimated funding for operations of Courts, the Chief Justice of the Supreme People's Court shall request the National Assembly to consider issuing a decision.

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4. Management, allocation, provision and use of funding for operations of Courts shall comply with regulations of law.

5. The State shall prioritize investment in facilities and development of information technology for People's Courts.

Article 148. Establishment of e-Courts

Courts shall be responsible for establishing and developing e-Courts to improve the effectiveness and efficiency in their operations; and to carry out operations in a more public and transparent manner.

Article 149. Commendation and handling of violations

1. Judges, Court Examiners, Court Clerks, other public employees and employees of People's Courts who have achievements in performance of their duties shall be commended according to regulations of the law on emulation and commendation and regulations issued by the Supreme People's Court.

Judges, Court Examiners, Court Clerks, other public employees and military personnel of Military Courts who have achievements in performance of their duties shall be commended according to regulations of the law on emulation and commendation and regulations issued by the Supreme People's Court and the Ministry of National Defense.

2. Judges, Court Examiners, Court Clerks, other public employees and employees of People's Courts who commit violations against laws or disciplinary violations, shall, depending on the nature and severity of their violations, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law.

Judges, Court Examiners, Court Clerks, other public employees and military personnel of Military Courts who commit violations against laws or disciplinary violations, shall, depending on the nature and severity of their violations, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law.

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IMPLEMENTATION PROVISIONS

Article 150. Amendments to and annulment of some articles of relevant laws

1. Amendments to some articles of the Criminal Procedure Code No. 101/2015/QH13 amended by the Law No. 02/2021/QH15:

a) Clause 4 Article 153 shall be amended as follows:

“4. The Trial Panel shall request the Procuracy to press criminal charges if omission of crimes is detected during the trial.”;

b) Clause 2 Article 154 shall be amended as follows:

“2. The Procuracy, in 24 hours upon its decision to press criminal charges, shall send such decision to a competent investigation authority for investigation.

The investigation authority and an authority assigned to investigate, in 24 hours upon their decision to press criminal charges, shall deliver such decision and relevant documents to the competent Procuracy that administers the charges.”;

c) Point c clause 1 Article 161 shall be annulled;

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dd) Clause 3 Article 467 shall be amended as follows:

“3. If the violators' disobedience of trial rules denotes a crime, the Court shall request or propose filing of a lawsuit in accordance with provisions of this Code.”.

2. Amendments to some articles of the Civil Procedure Code No. 92/2015/QH13 amended by the Law No. 45/2019/QH14, the Law No. 59/2020/QH14, the Law No. 13/2022/QH15 and the Law No. 19/2023/QH15:

a) Clause 4 Article 234 shall be annulled;

b) Clause 3 Article 491 shall be amended as follows:

“3. If the violators' disobedience of trial rules denotes a crime, the Court shall request or propose filing of a lawsuit in accordance with provisions of the Criminal Procedure Code.”.

c) Article 497 shall be annulled.

3. Amendments to some articles of the Law on Administrative Procedures No. 93/2015/QH13 amended by the Law No. 55/2019/QH14:

a) Clause 4 Article 153 shall be annulled;

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“3. If the violators' disobedience of trial rules denotes a crime, the Court shall request or propose filing of a lawsuit in accordance with provisions of the Criminal Procedure Code.”.

c) Article 321 shall be annulled.

4. Amendments to point a clause 2 Article 19 of the Law on Organization of Local Government No. 77/2015/QH13 amended by the Law No. 21/2017/QH14, Law No. 47/2019/QH14, Resolution No. 96/2023/QH15 and Law No. 31/2024/QH15:

“a) Elect, discharge and dismiss the Chairperson, the Vice Chairperson, Head, Vice Head of the Committee of the provincial People's Council, from office; the Chairperson, the Vice Chairperson and members of the provincial People’s Committee, from office; Jurors at the provincial People's Court, the People's Court of first instance from office;”.

Article 151. Entry into force

1. This Law enters into force from January 01, 2025.

2. The Law on Organization of People’s Courts No. 62/2014/QH13 will cease to be effective from the effective date of this Law, except for regulations in clause 1 and clause 2 Article 152 of this Law.

Article 152. Transitional provisions

1. If an application for participation in a Court Clerk exam or promotion to Court Clerk/Examiner; or application for reassignment to Examiner has been received before the effective date of this Law, the appointment, promotion or reassignment shall continue to be considered in accordance with regulations of the Law on Organization of People s Courts No. 62/2014/QH13.

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3. The titles of “Thẩm phán cao cấp, Thẩm phán trung cấp, Thẩm phán sơ cấp” (high-level, intermediate-level and primary-level Judges) are now changed into "Thẩm phán Tòa án nhân dân" (Judges of People’s Courts) in accordance with regulations of this Law.

The Chief Justice of the Supreme People’s Court shall decide ranks of Judges of People’s Courts according to regulations on Judge ranks issued by the National Assembly Standing Committee.

4. From the effective date of this Law, the term of office of a Judge appointed according to the Law on Organization of People s Courts No. 62/2014/QH13 is regulated as follows:

a) The term of office of the appointed Judge of the Supreme People's Court according to the Law on Organization of People s Courts No. 62/2014/QH13 shall comply with regulations of this Law;

b) A high-level, intermediate-level or primary-level Judge who is initially appointed according to regulations of the Law on Organization of People s Courts No. 62/2014/QH13 shall continue to perform his/her duties until the end of his/her term of office; the re-appointment and the term of office of the re-appointed Judge shall comply with regulations of this Law;

c) The term of office of the re-appointed high-level, intermediate-level or primary-level Judge according to regulations of the Law on Organization of People s Courts No. 62/2014/QH13 shall last until the date of retirement or reassignment.

5. Courts shall continue to exercise their jurisdiction to organize first-instance trials over adjudication of administrative lawsuits; adjudication and settlement of intellectual property and bankruptcy cases in accordance with regulations of the procedural law and the law on bankruptcy until People's Courts of first instance are established and operate in accordance with regulations of law.

This Law is ratified by the 15^th National Assembly of Socialist Republic of Vietnam on June, 24 2024 during its 7^th extraordinary session.

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CHAIRMAN OF THE NATIONAL ASSEMBLY




Tran Thanh Man

Luật Tổ chức Tòa án nhân dân 2024