DANG QUANG PHUONG
Deputy Chairman of the Supreme Peoples Court of the Socialist Republic of Vietnam
ORGANIZATIONAL STRUCTURE OF THE COURT OF VIETNAM, THE PROCESS OF THE LAW REFORM AND PRACTICE JUSTICE IN VIETNAM
1. General structure of the Court system of the Socialist Republic of Vietnam
Subject to Article 127 of the Constitution 1992 of the Socialist Republic of Vietnam which was amended and added in accordance with Resolution No. 51/2001/ QH 10 dated on 25 December, 2001 of the National Assembly legislature 10, session 10 and Article 2 of the Law on the Organization of People’s Courts 2002, the Ordinance on the Organization of Military Courts 2002, the following courts are in existence in the Social Republic of Vietnam:
- The Supreme People’s Court;
- People’s Courts of provinces, cities directly under the central authority;
- People’s Courts of districts, prefectures, towns, cities directly under the provincial authority;
- Military Courts (including Central Military Court; Regional Military Courts and the equivalents; and Area Military Courts);
- Other tribunals as provided by law.
In special circumstances, the National Assembly may decide the establishment of special tribunals.
Based on duties and organization of the People’s Army, the Standing Committee of the National Assembly shall establish or dismiss Regional Military Courts or equivalents or Area Military Courts upon the request of the Chief Justice of the Supreme People’s Court with the consent of the Minister of Defense.
Below is the organizational chart of the Supreme People’s Court of Vietnam:
Supreme People’s Court/
Central Military Court
2. The Supreme People’s Court
Subject to Article 18 of the Law on the Organization of People’s Courts, the Supreme People’s Court is the highest adjudicatory body of the Socialist Republic of Vietnam and organizationally with the following components:
- Justice Council of the Supreme People’s Court;
- Central Military Court, Criminal Court, Civil Court, Economic Court, Labor Court, Administrative Court and Court of Appeals of the Supreme People’s Court; in cases of necessity, the Standing Committee of the National Assembly may decide the establishment of other specialized Court upon the request of the Chief Justice of the Supreme People’s Court;
- Supporting apparatus.
The current organizational structure of the Supreme People’s Court of the Socialist Republic of Vietnam is as follow:
2.1. The Judicial Council of the Supreme People’s Court
a) The Judicial Council of the Supreme People’s Court is the highest adjudicatory body under the procedures for review on law and review on facts, and also is the body that shall guide Courts in the consistent application of laws.
b) The Judicial Council of the Supreme People’s Court consists of the Chief Justice, Deputy Chief Justices of the Supreme People’s Court and some Justices of the Supreme People’s Court appointed by the Standing Committee of the National Assembly upon proposal by the Chief Justice of the Supreme People’s Court.
c) The total numbers of the Judicial Council of the Supreme People’s Court shall not exceed 17. Pursuant to Resolution No 130/2002/ NQ- UBTVQH the numbers of the Judicial Council of the Supreme People’s Court shall be 14.
d) The Judicial Council of the Supreme People’s Court has the following duties and powers:
- To review on law or review on facts cases in which the judgments or decisions that have become legally effective have been protested subject to procedural laws;
- To provide guidance to all Courts for consistent application of the laws;
- To sum up adjudicatory experiences;
- To approve the Reports made by the Chief Justice of the Supreme People’s Court on the Court performance to be submitted to the National Assembly, the Standing Committee of the National Assembly and the State President.
- To prepare draft laws for submission to the National Assembly and draft ordinances for submission to the Standing Committee of the National Assembly.
dd) Meetings of the Judicial Council of the Supreme people’s Court shall be attended by at least two thirds of its members. Decisions of the Judicial Council must be passed by the majority of the members of the Judicial Council who vote on the decisions.
2.2. Criminal Court of the Supreme People’s Court
The Criminal Court of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Criminal Court of the Supreme People’s Court has the following duties and powers:
To review on law and review on facts the cases in which legally effective judgments or decisions have been protested in accordance with provisions of procedural law.
2.3. Civil Court of the Supreme People’s Court
The Civil Court of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Civil Court of the Supreme People’s Court has the following duties and powers:
To review on law and review on facts the cases in which legally effective judgments or decisions have been protested in accordance with provisions of procedural law.
2.4. Economic Court of the Supreme People’s Court
The Economic Court of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Economic Court of the Supreme People’s Court has the following duties and powers:
To review on law and review on facts the cases in which legally effective judgments or decisions have been protested in accordance with provisions of procedural law.
2.5. Administrative Court of the Supreme People’s Court
The Administrative Court of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Administrative Court of the Supreme People’s Court has the following duties and powers:
To review on law and review on facts the cases in which legally effective judgments or decisions have been protested in accordance with provisions of procedural law.
2.6. Labor Court of the Supreme People’s Court
The Labor Court of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Labor Court of the Supreme People’s Court has the following duties and powers:
To review on law and review on facts the cases in which legally effective judgments or decisions have been protested in accordance with provisions of procedural law.
2.7. Court of Appeals of the Supreme People’s Court
Court of Appeals of the Supreme People’s Court has a Chief of the Court, Deputy Chiefs of the Court, Justices and Court Clerks.
The Court of Appeals of the Supreme People’s Court has the following duties and powers:
- To hear on appeal the cases in which first instance judgments or decisions of the of the immediately lower level Courts that have not yet become legally effective and are appealed or protested under provisions of procedural law;
- Handle complaints against decisions of Provincial People’s Courts on declaration of bankruptcy in accordance with law;
- Handle complaints against decisions of Provincial People’s Courts on the settlement of strikes in accordance with law.
2.8. The Institute for Judicial Science of the Supreme People’s Court
The Institute for Judicial Science of the Supreme People’s Court consists of a Director, Deputy Directors and Legal Experts.
The Institute for Judicial Science of the Supreme People’s Court has the following duties and powers:
- Carrying out researches to support judicial work, prevention and fighting against crimes.
- Drafting laws, ordinances which will be submitted to the National Assembly and the Standing Committee of the National Assembly by the SPC;
- Cooperating with the Secretariat Board and other related agencies of the SPC to assist to the SPC Judge Committee to sum up adjudicate experiences.
- Drafting legal documents to provide instructions of the Supreme People’s Court on uniform application of laws by other Courts;
- Providing suggestions/comments assisting the Leaders of the Supreme People’s Court in contributing comments and recommendations to draft laws or sub-law documents prepared by the Government, Ministries, other sectors or social organizations.
- Assisting the Chief Justice of the SPC in implementing international cooperation. Researching foreign laws for reference source and application in legislation related to the organization and operation of the People’s court sector;
- Studying and making recommendations concerning additions and amendments to current legal documents in relation to the operation of the People’s Courts;
- Cooperating with related agencies to conduct researches and administration thereof to serve the adjudicative work done by the People’s Courts;
- Systemizing related legal documents, managing the library of the institution, conducting introduction of newspapers, books and legal documents in need to all staff, mainly to judges and professional staff of the SPC;
- Making recommendations to assist the leadership of the SPC in developing the Information Technology to support the adjudicative work.
2.9. Judicial Training School of the Supreme People’s Court
The Judicial Training School of the Supreme People’s Court consists of a Director, Deputy Directors, teachers and other staff.
The Judicial Training School of the Supreme People’s Court has the following duties and powers:
- Setting up training plans and training programs for professional knowledge improvement which will function as bases for teacher recruitment internally and from outside institutions and for organizing short-term and long-term training courses;
- Taking part in researches on judicial science or others as assigned by the Chief Judge of the SPC;
- Managing physical conditions for the School, administrating participants during courses and providing services concerning accommodation and food for participants who stay at the School during course time.
2.10. Personnel and Organization Department of the Supreme People’s Court
The Personnel and Organization Department of the Supreme People’s Court consists of a Director, Deputy Directors and legal experts.
The Personnel and Organization Department of the Supreme People’s Court has the following duties and powers:
- To assist the Chief Justice of the SPC by implementing the following duties:
· Conducting the organizational and staffing management of the SPC and the Court sector;
· Conducting the management and implementation of staff plans;
· Executing the appointment, discharge and removal in respect to judges of local People’s Courts, Regional Military Courts and Area Military Courts;
· Executing the appointment, discharge and removal in respect to Chief Judges and Deputy Chief Judges of local People’s Courts, Regional Military Courts and Area Military Courts;
· In conjunction with local People’s Committees and Ministry of Defense to conduct the administration of staff in the Court sector subject to Rules on Cooperation passed by the Standing Committee of the National Assembly;
· Organizing professional training and re-training for Judges, Assessors and other staff of the people’s courts.
- Assisting the Chief Justice of the SPC and Party Board of the SPC in performing the task of political protection within all People’s Courts.
- Providing assistance to the Judge Selection Committee of the SPC and Central Military Court.
2.11. Secretariat Board of the Supreme People’s Court
The Secretariat Board of the Supreme People’s Court consists of a Head of the Board, Vice – Head of the Boards and legal experts.
The Secretariat Board of the Supreme People’s Court has the following duties and powers:
- To study, to make recommendations/suggestions, assist the Chief Justice of the SPC in handling complaints against the cassation decisions issued by the specialized courts of the SPC;
- To assist the Chief Justice of the SPC in organizing regular meetings of the SPC Judge Council, exercising the secretariat functions for the SPC Judge Council;
- To assist the Chief Justice of the SPC by submitting to the State President cases with convicts sentenced death penalty;
- To consider draft decisions on protestation in accordance with cassation and reopening procedures to be submitted to the Chief Justice of the SPC for consideration and decisions.
- In necessary circumstances, as assigned by Chief Justice of the SPC, the Secretariat Board drafts protestations in accordance with causational and reopening procedures.
2.12. Inspection Bureau of the Supreme People’s Court
The Inspection Bureau of the Supreme People’s Court consists of a Head of the Bureau, Vice Head of the Bureau and legal experts.
The Inspection of Bureau of the Supreme People’s Court has the following duties and powers:
- To receive people; to receive letters of complaints from citizens, agencies and organizations; sorting them according to jurisdictions or transfer them to specialized Divisions or other functional Divisions of the SPC or to other relevant State Agencies for handling.
- To assist the Chief Justice of the SPC in examining and providing conclusions on judicial performance and following of the execution of judgment of prison sentence conducted by those local courts with many pressing complaints and denunciations;
- As assigned by the Chief Justice of the SPC to conduct inspections, handle complaints, denunciations against People’s Court staff having indication(s) of breaching laws, discipline rules, moral practices.
2.12. The Budgeting and Financing Department of the Supreme People’s Court
The Budgeting and Financing Department of the Supreme People’s Court consists of a Head of the Department, Vice Head of the Department and legal experts.
The Budgeting and Financing Department of the Supreme People’s Court has the following duties and powers:
- Collecting and prepare financial plans for the whole People’s Court sector including: Administrative management expenses, funding for capital construction, funding for working equipment procurement, funding for re training and professional training and funding for research;
- Based on the decision on annual estimated state budget for the SPC to develop plans to manage and allocate the budget to local Courts, SPC subordinate agencies in the same line with regulations on State Budget;
- Providing guidance on how to set up and report State Budgeting, following and check financial and accounting performance done by local Courts and other SPC subordinate agencies;
- Providing guidance, following, checking and settling funding for capital construction granted to local People’s Courts and SPC subordinate agencies according to law.
2.14. Administrative Department of the Supreme People’s Court
The Administrative Department of the Supreme People’s Court consists of a Head of the Department, Vice Head of the Department and legal experts.