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THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
81/2014/QH13
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Hanoi,
November 24, 2014
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RESOLUTION
ON
IMPLEMENTATION OF THE LAW ON ORGANIZATION OF PEOPLE’S COURTS
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
RESOLVES:
Article 1.
From February 1, 2015, to the
effective date of the Law on Organization of People’s Courts:
1. The Chief Justice of the
Supreme People’s Court shall review and prepare the organizational structure,
personnel, physical foundations and other necessary conditions to ensure
operation of people’s courts at all levels in accordance with the Law on
Organization of People’s Courts.
2. Judges of the Supreme People’s
Court whose terms of office expire on and after January 1, 2014, shall continue
performing their duties through June 1, 2015.
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4. Pursuant to Clause 1, Article
4; Articles 24, 70, 71 and 72; Clause 2, Article 95 of the Law on Organization
of People’s Courts, and at the proposal of the Chief Justice of the Supreme
People’s Court, the National Assembly Standing Committee shall issue
resolutions to:
a/ Approve the organizational
structure, duties and powers of units in the assisting apparatus of the Supreme
People’s Court;
b/ Establish superior people’s
courts and stipulate the number of superior people’s courts and the
territory-based jurisdiction of each superior people’s court;
c/ Decide on payrolls and number
of judges of superior people’s courts;
d/ Promulgate the operation
regulation of the National Council for Judge Selection and Supervision;
dd/ Decide on the list of members
of the National Council for Judge Selection and Supervision;
5. Pursuant to Article 34; Point
b, Clause 1, Article 38; Article 41; Clause 1, Article 45; Article 46; Clause
4, Article 51; Clause 3, Article 55; Clause 3, Article 58; and Article 73 of
the Law on Organization of People’s Courts, the Chief Justice of the Supreme
People’s Court shall:
a/ Promulgate the operation
regulation of the Examination Council for Selection of Primary-Level Judges,
Intermediate-Level Judges and High-Level Judges; the regulation on organization
of examinations for selection of primary-level judges, intermediate-level
judges and high-level judges;
b/ Decide to establish tribunals
in people’s courts of provinces, centrally run cities, rural districts, urban
districts, towns, provincial cities and the equivalent;
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Decide on establishment and
stipulate duties and powers of the assisting apparatus in military courts after
reaching agreement with the Minister of National Defense.
6. Pursuant to Article 67; Clause
4, Article 68 (except Points a and c); Clause 1, Article 69 (except Point a)
and other relevant provisions of the Law on Organization of People’s Courts,
the Chief Justice of the Supreme People’s Court shall:
a/ Prepare a personnel plan to be
submitted to the National Assembly for consideration and approval of proposals
for appointment of judges of the Supreme People’s Court;
b/ Propose the President to
consider and decide on the promotion to the rank of high- level judge, for
judges of the Supreme People’s Court who have been appointed before June 1,
2015, but are ineligible for appointment as judges of the Supreme People’s
Court in accordance with the Law on Organization of People’s Courts.
Judges of the Supreme People’s
Court who are appointed before the effective date of the Law on Organization of
People’s Courts, have worked as judges of the Supreme People’s Court for less
than 5 years and are now promoted to the rank of high-level judge shall be
regarded as having attained the rank of high-level judge for full 5 years.
Article 2.
From the effective date of the Law
on Organization of People’s Court:
1. The Judicial Council of the
Supreme People’s Court shall transfer its duties and powers to the new one
established in accordance with the Law on Organization of People’s Courts.
The Judicial Council of the
Supreme People’s Court shall conduct trial according to cassation or reopening
procedures with a trial panel composed of all judges of the Supreme People’s
Court; a judicial committee of a superior people’s court or the Judicial
Committee of the Central Military Court shall conduct trial with a trial panel
composed of all of its members in accordance with the current procedure laws.
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2. Appellate courts of the Supreme
People’s Court shall transfer their jurisdiction of appellate trial; the criminal,
civil, economic, labor and administrative tribunals of the Supreme
People’s Court, people’s courts of
provinces and centrally run cities, and judicial committees of people’s courts
of provinces and centrally run cities shall transfer the jurisdiction to
conduct trial according to cassation or reopening procedures to superior
people’s courts and judicial committees of superior people’s committees.
3. Military courts of military
zones and the equivalent, judicial committees of military courts of military
zones and the equivalent shall transfer the jurisdiction to conduct trial
according to cassation or reopening procedures in accordance with the current
Criminal Procedure Code to the Central Military Court and the Judicial
Committee of the Central Military Court.
Military courts shall continue
exercising their jurisdiction to adjudicate criminal cases in accordance with
the Criminal Procedure Code and Articles 3, 4 and 5; Clause 1, Article 26 and
Clause 2, Article 29 of the Ordinance on Organization of Military Courts until
the provisions of the new Criminal Procedure Code replace these current
provisions in consistency with those of the Law on Organization of People’s
Courts.
4. The Chief Justice of the
Supreme People’s Court may protest according to cassation or reopening
procedures against legally effective judgments and decisions of courts,
including superior people’s courts.
Chief justices of superior
people’s courts may protest according to cassation or reopening procedures
against legally effective judgments and decisions of people’s courts of
provinces, centrally run cities, rural districts, urban districts, towns,
provincial cities and the equivalent within their territory-based jurisdiction.
The chief justice of the Central
Military Court may protest according to cassation procedures against legally
effective judgments and decisions of regional military courts.
5. The jurisdiction of the family
and juvenile court must comply with the new procedure laws.
6. For cases in which judgments or
decisions of people’s courts of rural districts, urban districts, towns or
provincial cities or of regional military courts have been protested against
for cases falling under the cassation or reopening jurisdiction of judicial
committees of people’s courts of provinces or centrally run cities or of
military courts of military zones or the equivalent, but which remain untried
according to cassation or reopening procedures before June 1, 2015, they shall
be assigned to judicial committees of superior people’s courts with the
territory-based jurisdiction or to the Judicial Committee of the Central
Military Court for trial according to cassation or reopening procedures.
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8. For cases in which judgments or
decisions of the appellate court of the Supreme People’s Court, or decisions of
the criminal, civil, administrative, economic or labor tribunals of the Supreme
People’s Court or Central Military Court have been protested against and which
remain untried according to cassation or reopening procedures before June 1,
2015, the Judicial Council of the Supreme People’s Court shall try such cases
according to cassation or reopening procedures.
9. For cases in which
first-instance judgments or decisions of people’s courts of provinces or centrally
run cities which have not yet taken legal effect are protested against before
June 1, 2015, and these courts have not yet transferred their files or have
transferred their files to the appellate court of the Supreme People’s Court
but these cases remain unsettled, they shall be assigned to superior people’s
courts with the territory-based jurisdiction for settlement according to
appellate procedures.
10. Complaints or requests for
review of legally effective judgments or decisions of people’s courts of rural
districts, urban districts, towns or provincial cities, or of regional military
courts according to cassation or reopening procedures for cases falling under
the jurisdiction of people’s courts of provinces or centrally run cities or of
military courts of military zones or the equivalent which remain unsettled
before June 1, 2015, shall be assigned to superior people’s courts with the
territory-based jurisdiction or to the Central Military Court for settlement.
11. Complaints or requests for
review of legally effective judgments or decisions of people’s courts of
provinces or centrally run cities according to cassation or reopening
procedures for cases falling under the jurisdiction of the Supreme People’s
Court which remain unsettled before June 1, 2015, shall be assigned to superior
people’s courts with the territory- based jurisdiction for settlement.
12. Complaints or requests for
review of legally effective judgments or decisions of the appellate court or
criminal, civil, economic, labor or administrative tribunals of the Supreme
People’s Court or of the Central Military Court according to cassation or
reopening procedures for cases falling under the jurisdiction of the Supreme
People’s Court which remain unsettled before June 1, 2015, shall be settled by
the Supreme People’s Court.
13. Judges of the Supreme People’s
Court and high-level judges are entitled to the salary and allowance regime
applicable to judges of the Supreme People’s Court under current law until the
introduction of a new salary and allowance regime.
Article 3.
1. The Supreme People’s Court
shall, within the ambit of its functions, duties and powers, revise or
coordinate with related agencies in reviewing legal documents relevant to the
Law on Organization of People’s Court before annulling, amending or
supplementing them or promulgating .new ones according to its competence;
propose the National Assembly, National Assembly Standing Committee, Government
and related agencies to annul, amend and supplement relevant legal documents or
promulgate new ones in accordance with the Law on Organization of People’s
Court.
2. The National Assembly Standing
Committee, President, Government, Supreme People’s Court and Supreme People’s
Procuracy shall, within the ambit of their respective functions, duties and
powers, implement this Resolution.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung