Law Organization of People’s Courts, No. 34/2024/QH15

LAW

on Organization of People’s Courts^[1]

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 of regulation

This Law provides the position, functions, duties, powers and organizational structure of people’s courts; judges, assessors and other title holders in people’s courts; and assurance of operation of people’s courts.

Article 2. Position and functions of people’s courts

1. People’s courts are the judicial bodies of the Socialist Republic of Vietnam and exercise the judicial power.

2. People’s courts exercise the judicial power to perform the duty of safeguarding justice, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals; through their activities, people’s courts contribute to educating citizens in the loyalty to the Fatherland, strict observance of law, and the sense of struggle to prevent and combat crimes and other violations.

3. In the name of the Socialist Republic of Vietnam, people’s courts shall adjudicate and settle cases and matters in accordance with law.

Article 3. Duties and powers of people’s courts

1. People’s courts exercise the judicial power, covering the power to adjudicate and rule on disputes, violations and matters related to human rights, and rights and obligations of agencies, organizations and individuals in accordance with law; and ensure the uniform application of law in trial.

2. When exercising the judicial power, people’s courts have the following duties and powers:

a/ To adjudicate or settle criminal cases, administrative cases, civil cases and matters, bankruptcy cases and matters, and other cases and matters in accordance with law;

b/ To settle or adjudicate administrative violations in accordance with law;

c/ To decide on issues related to human rights, and rights and obligations of agencies, organizations and individuals in accordance with law;

d/ To uncover and recommend issues on the constitutionality and legality of legal documents in the trial and settlement of cases and matters in accordance with law;

dd/ To explain the application of law in the trial and settlement of cases and matters;

e/ To review trial practices and ensure the uniform application of law in trial; to develop court precedents;

g/ To perform duties and exercise powers in judgment execution in accordance with law;

h/ To perform other duties and exercise other powers in accordance with law.

Article 4. Organization of, and competence to establish and dissolve, people’s courts

1. Organization of people’s courts consists of:

a/ The Supreme People’s Court;

b/ Superior people’s courts;

c/ People’s courts of provinces and centrally run cities (below referred to as provincial-level people’s courts);

d/ People’s courts of rural districts, urban districts, towns, provincial cities and municipal cities (below referred to as district-level people’s courts);

dd/ Administrative affairs-related first-instance people’s tribunals, intellectual property-related first-instance people’s tribunals, and bankruptcy-related people’s tribunals (below collectively referred to as first-instance people’s tribunals);

e/ The Central Military Court, military courts of military zones and the equivalent, and regional military courts (below collectively referred to as military courts).

2. The competence to establish and dissolve superior people’s courts; provincial-level people’s courts; district-level people’s courts; first-instance people’s tribunals, and military courts is as follows:

a/ The National Assembly Standing Committee decides to establish and dissolve, and provides the scope of territorial jurisdiction of, superior people’s courts and first-instance people’s tribunals; establishes and dissolves provincial-level people’s courts, and district-level people’s courts at the proposal of the Chief Justice of the Supreme People’s Court;

b/ The National Assembly Standing Committee decides to establish and dissolve, and provides the scope of territorial jurisdiction of, military courts of military zones and the equivalent, and regional military courts at the proposal 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. Jurisdiction-based independence.

2. Assurance of the right to equality before law and the court.

3. Prompt, fair, public, impartial and objective exercise of the judicial power.

4. Guarantee of the first-instance and appellate trial system.

5. Performance of first-instance trial with the participation of assessors, except trials conducted by summary procedure. 

6. Judges and assessors conduct trials independently and obey only the law.

7. People’s courts conduct trials on a collegial basis and make decision by majority vote, except trials conducted by summary procedure.

8. Guarantee of the adversarial principle in trial.

9. Guarantee of the right to defense of the accused and defendants and the right to protection of lawful rights and interests of victims and involved parties.

10. Courts submit to supervision by the People, the National Assembly, People’s Councils, and the Vietnam Fatherland Front and its member organizations.

Article 6. Jurisdiction-based independence

Courts shall be organized and operate independently according to their respective jurisdiction.

Article 7. Guarantee of the right to equality before law and the court 

Courts shall conduct trials on the principle that everyone is equal before law, regardless of his/her ethnicity, belief, religion, gender, social class and position; agencies, organizations and individuals are all equal before the court.

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

1. Courts shall exercise the judicial power in a prompt manner and within the law-specified time limit, ensuring fairness, publicity, impartiality and objectivity.

2. Courts shall conduct trials in public. In special cases in which it is necessary to keep state secrets, preserve fine customs and habits of the nation, protect minors or keep confidential privacy, personal secrets, family secrets, professional secrets or business secrets of involved parties at their legitimate request, courts may conduct closed trials.

3. Courts shall publicize their adjudicating activities and other activities. The scope, contents and forms of publicization of activities of courts are provided by the Chief Justice of the Supreme People’s Court.

Article 9. Guarantee of the first-instance and appellate trial system

1. Courts shall guarantee the first-instance and appellate trial system.

First-instance judgments and rulings of courts may be appealed or protested against in accordance with law. First-instance judgments and rulings that are not appealed or protested against within the law-specified time limit shall take legal effect.

Cases and matters for which first-instance judgments or rulings are appealed or protested against shall be tried or settled according to appellate procedures. Appellate judgments and rulings of courts shall take legal effect.

2. In case a violation is detected in a legally effective judgment or ruling of a court or a new circumstance arises as specified by law, such judgment or ruling shall be re-considered according to cassation or reopening procedures.

Article 10. First-instance trial system with participation of assessors

Courts shall conduct first-instance trials for cases with the participation of assessors in accordance with law, except trials conducted by summary procedure.  

Article 11. Judges and assessors conducting trials independently and obeying only the law 

1. Judges and assessors shall conduct trials independently and obey only the law. Agencies, organizations and individuals are prohibited from interfering in the trial or settlement of cases and matters by judges and assessors in any form.

2. Courts, judges, assessors and other judicial title holders of courts are not required to explain, and may not provide information about, points of view on the trial or settlement of cases and matters currently undergoing acceptance or settlement.

3. Judges and assessors will not be subject to investigation for the trial or settlement of cases and matters that are currently in proceedings, unless there is a ground to believe that a judge/assessor violates the criminal law in the trial or settlement of such a case or matter.

4. Agencies, organizations and individuals that commit acts of interfering in the trial or settlement of cases and matters by judges and assessors shall, depending on the nature and severity of their acts, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 12. People’s courts conducting trials on a collegial basis and making decision by majority vote

People’s courts shall conduct trials on a collegial basis and make decision by majority vote, except trials conducted by summary procedure. The composition of trial panels is specified by law.

Article 13. Guarantee of the adversarial principle in trials

The adversarial principle in trials shall be guaranteed. Courts shall enable proceeding-conducting persons and proceeding participants to exercise the right to adversarial process in trial in accordance with law.

Article 14. Guarantee of the right to defense of the accused and defendants and the right to protection of lawful rights and interests of victims and involved parties

1. The right to defense of the accused and defendants and the right to protection of lawful rights and interests of victims and involved parties shall be guaranteed. The accused and defendants have the right to defend themselves in person and ask defense counsels or others to defend them; victims and other parties involved in a case may defend themselves in person or ask others to defend their lawful rights and interests.

2. Courts shall guarantee the rights to self-defense or defense, legal aid and representation of the accused and defendants in accordance with law.

Courts shall enable victims and involved parties to exercise the right to protection of the latter’s lawful rights and interests.

Article 15. Collection of documents and evidences in the trial or settlement of criminal cases, administrative cases, civil matters and other matters under jurisdiction of courts

1. In criminal cases, administrative cases, civil matters and other matters, the parties shall collect and provide or hand over documents and evidences to courts in accordance with law.

2. Courts shall guide related agencies, organizations and individuals in collecting and handing over documents and evidences in administrative cases, civil matters and other matters in accordance with law.

3. Courts shall request agencies, organizations and individuals to provide documents and evidences in accordance with law. Agencies, organizations and individuals currently managing and preserving documents and evidences shall, at the request of courts, provide such documents and evidences in accordance with law.

4. Courts shall support the collection of documents and evidences through requesting agencies, organizations and individuals to provide documents and evidences in administrative cases, civil matters and other matters in accordance with law in case the parties have taken necessary measures but remain unable to collect documents and evidences and ask for support from courts.

5. Courts shall receive documents and evidences provided by related agencies, organizations and individuals and handed over by parties.

6. Courts shall examine and verify the truthfulness of documents and evidences in accordance with law.

7. Courts shall base themselves on documents and evidences provided by related agencies, organizations and individuals and handed over or clarified by the parties at hearings or meetings in accordance with law, and results of the adversarial process to adjudicate or settle cases and matters.

Article 16. Spoken and written language used before court

1. The spoken and written language used before court is Vietnamese.

2. Courts shall guarantee the right of proceeding participants to use spoken and written languages of their own ethnic groups; people with hearing, speech or vision impairment have the right to use languages, signs and letters used exclusively for people with disabilities before court. In these cases, interpreters are required.

Article 17. Guarantee of effect of court judgments and rulings

1. Courts’ legally effective judgments and rulings shall be respected by agencies, organizations and individuals, and strictly abided by concerned agencies, organizations and individuals.

2. The execution of courts’ legally effective judgments and rulings shall be guaranteed in accordance with law.

3. Courts’ legally effective judgments and rulings that involve errors in the application of law, serious violations in proceedings or conclusions in contravention of facts of cases or matters shall be considered, ruled and remedied by competent courts according to law-specified procedures.

4. Concerned agencies, organizations and individuals that fail to execute court judgments and rulings in accordance with law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 18. Guarantee of effective and efficient operation of courts

1. Agencies, organizations and individuals must be respectful toward courts, judges, assessors and other judicial title holders of courts and strictly abide by rulings and requests of courts.

2. Agencies, organizations and individuals are prohibited from illegally obstructing, intervening in or influencing adjudicating activities and exercise of the judicial power of courts. In case agencies, organizations and individuals inside or outside courts commit the acts specified in this Clause, judges, assessors and other judicial title holders of courts shall promptly report them to competent agencies, organizations and individuals for timely handling and settlement.

3. It is prohibited to commit any acts of contempt of court; threatening or offending the honor, dignity or reputation or harming life or health of judges, assessors and other judicial title holders of courts or persons performing duties at the request of courts; or abusing the right to file complaints and denunciations to calumniate judges, assessors, other judicial title holders, other civil servants, public employees and workers of courts.

4. Persons who commit the violations specified in Clauses 1, 2 and 3 of this Article shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 19. Responsibility of courts to coordinate with agencies and organizations

1. Within the ambit of their functions, duties and powers, courts shall coordinate with agencies and organizations in studying and proposing policies and laws on prevention and combat of violations of law and crimes, and assurance of national security and social order and safety; proposing or requesting agencies and organizations to apply measures to do away with causes of or conditions for commission of crimes or violations of law in such agencies and organizations.

Within 30 days after receiving proposals or requests of courts, agencies and organizations shall notify courts of results of the settlement thereof, unless otherwise provided by law.

2. Agencies and organizations shall, within the ambit of their functions, duties and powers, coordinate with courts in facilitating the latter’s performance of duties and exercise of powers, and executing court judgments and rulings.

Article 20. Organizational management of people’s courts

1. The Supreme People’s Court shall organizationally manage people’s courts.

2. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, organizationally managing military courts.

The regulation on coordination between the Supreme People’s Court and the Ministry of National Defense in organizationally managing military courts shall be promulgated by the National Assembly Standing Committee.

Article 21. Courts submitting to supervision by the People, the National Assembly, People’s Councils, the Vietnam Fatherland Front and its member organizations

1. The People shall supervise operation of courts and exercise the rights to make or file requests, recommendations and proposals to courts in accordance with law.

2. The National Assembly, People’s Councils, and the Vietnam Fatherland Front and its member organizations shall supervise operation of courts in accordance with law. The supervision of operation of courts aims to ensure the compliance with law, control the power, and prevent and control corruption and negative practices in operation of courts, while exerting no effects on normal operation of courts and the trial and settlement of cases and matters by judges and assessors.

Article 22. Traditional day and symbol of people’s courts

1. The traditional day of people’s courts is September 13 every day.

2. People’s courts have their own symbol. The Chief Justice of the Supreme People’s Court shall provide the symbol of people’s courts.

Chapter II

DUTIES AND POWERS OF COURTS

Section 1

JURISDICTION-BASED DUTIES AND POWERS OF COURTS

Article 23. Duties and powers of first-instance courts

1. First-instance courts have the jurisdiction to consider, evaluate and judge in a full, objective and comprehensive manner circumstances of cases and matters on the basis of documents, evidences and adversarial results and in accordance with law in order to decide on issues of such cases and matters.

2. First-instance courts, when trying and settling cases and matters, have the following duties and powers:

a/ To consider and accept cases and matters; to organize hearings and meetings to adjudicate and settle cases and matters;

b/ To guide and request related agencies, organizations and individuals to collect, provide and hand over documents and evidences for the trial and settlement of cases and matters;

c/ To decide on the application, change or cancellation of deterrent measures, coercive measures and interim urgent measures;

d/ To decide to recognize agreements and results of successful dialogues between involved parties;

dd/ To decide to bring cases to trial, to temporarily suspend or terminate the settlement of cases and matters, to resume criminal cases, to postpone or temporarily cease hearings or meetings or to resume the trial or settlement of cases and matters;

e/ To request investigators, procurators and other people to present issues related to criminal cases at hearings.

g/ To consider and conclude on the legality of procedural decisions and acts of proceeding-conducting persons and proceeding participants in the course of trial or settlement of cases and matters;

h/ To consider and conclude on the legality of documents and evidences collected, provided or handed over by agencies, organizations and individuals to courts;

i/ To return case files to procuracies, requesting additional investigation;

k/ To detect illegal provisions in, and make recommendations about the constitutionality and legality of, legal documents in the trial or settlement of cases and matters;

l/ To interpret and apply laws in the trial or settlement of cases and matters;

m/ To make judgments and rulings;

n/ To settle requests, proposals, recommendations and complaints about procedural decisions and acts;

o/ To perform other duties and exercise other powers in accordance with law.

Article 24. Duties and powers of appellate courts

1. Appellate courts have the jurisdiction to consider, evaluate and judge appeals and protests; circumstances of cases and matters; grounds for application of law and the trial and settlement by first-instance courts. Appellate courts have the jurisdiction to accept or refuse to accept appeals and protests; to keep unchanged, cancel or modify first-instance judgments and rulings; to protect judgments and rulings lawfully made during trial or settlement of cases and matters; to remedy errors and exercise other powers in accordance with law.

2. Appellate courts, when trying and settling cases and matters, have the following duties and powers:

a/ To consider and accept cases and matters according to appellate procedures;

b/ To request procuracies to additionally provide new documents and evidences in criminal cases;

c/ To review judgments and rulings or parts of judgments and rulings of first-instance courts that are appealed or protested against, or other contents in accordance with law;

d/ To decide to bring cases to appellate trial, to suspend or terminate the trial or settlement of cases and matters, to postpone or temporarily cease appellate hearings or meetings or to resume the trial or settlement of cases and matters according to appellate procedures;

dd/ To perform the duties and exercise the powers specified at Points b, c, e, g, h, k, l, m and n, Clause 2, Article 23 of this Law;

e/ To perform other duties and exercise other powers in accordance with law.

Article 25. Duties and powers of courts to review legally effective judgments and rulings according to cassation or reopening procedures

1. Cassation is to review legally effective court judgments and rulings in accordance with law; examine the correctness of judgments and rulings; protect judgments and rulings lawfully made during trial or settlement of cases and matters; remedy errors in judgments and rulings; and ensure the uniform application of law in trial.

Reopening is to review courts’ legally effective judgments and rulings that are protested against when new circumstances arise in accordance with law.

2. Courts reviewing legally effective judgments and rulings have the following duties and powers:

a/ To receive, accept and settle written requests, recommendations, protests and notices regarding courts’ legally effective judgments and rulings;

b/ To study and verify files of cases and matters;

c/ To decide to file cassation or reopening protests or issue replies to written requests or recommendations;

d/ To postpone, request postponement, or temporarily suspend the execution of legally effective judgments and rulings in accordance with law;

dd/ To accept cases and matters for trial according to cassation or reopening procedures;

e/ To modify, supplement or withdraw cassation or reopening protests;

g/ To organize cassation or reopening hearings;

h/ To issue cassation or reopening rulings;

i/ To perform the duties and exercise the powers specified at Points k and l, Clause 2, Article 23 of this Law;

k/ To perform other duties and exercise other powers in accordance with law.

Section 2

DUTIES AND POWERS OF PEOPLE’S COURTS   

Article 26. Trial or settlement of cases and matters

1. Courts shall try criminal cases, administrative cases, civil cases (including cases involving civil, marriage and family, business, commercial and labor disputes) and other cases in accordance with law.

2. Courts shall settle civil matters (including matters involving civil, marriage and family, business, commercial and labor claims), bankruptcy matters and other matters in accordance with law.

Article 27. Settlement or trial of administrative violations

1. Administrative sanctioning for acts of obstructing procedural activities under jurisdiction of people’s courts in accordance with law.

2. Application of administrative handling measures in accordance with law.

3. Trial of administrative violations in accordance with law.

Article 28. Ruling on issues related to human rights and rights and obligations of agencies, organizations and individuals

Courts have the jurisdiction to consider and rule on issues related to human rights and rights and obligations of agencies, organizations and individuals in accordance with law.

Article 29. Detection of illegal provisions in, and making of recommendations about constitutionality and legality of, legal documents in the trial or settlement of cases and matters

1. In the course of trial or settlement of cases and matters, if detecting that legal documents relevant to the trial or settlement of such cases and matters show signs of contravention of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, or legal documents of superior state agencies, courts shall send recommendations to competent agencies for the latter to consider amending, supplementing, annulling, or terminating the implementation of, such documents. Competent agencies shall consider such recommendations and send notices of handling results to courts.

2. For legal documents detailing or guiding the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, or legal documents of superior state agencies, upon the expiration of the law-specified time limit, if receiving no notices of competent agencies specified in Clause 1 of this Article, courts shall apply documents of higher validity in the trial or settlement of cases and matters.

Article 30. Review of trial practices and assurance of the uniform application of law in trial

1. The Supreme People’s Court shall review trial practices through:

a/ Preliminarily reviewing and finally reviewing practices of law implementation in the trial or settlement of cases and matters;

b/ Summarizing problems in the trial or settlement of cases and matters;

c/ Analyzing and evaluating results and figures on the trial or settlement of cases and matters;

d/ Making conclusions on issues from which experience should be withdrawn in practical trial or settlement of cases and matters; forecasting trends of crimes, violations, disputes, complaints, lawsuits and requests falling within the jurisdiction of courts.

2. The Supreme People’s Court shall ensure the uniform application of law in trial through:

a/ Issuing resolutions of the Judicial 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 and heads of ministerial-level agencies in accordance with law;

b/ Developing court precedents.

c/ Addressing problems in the practical trial or settlement of cases and matters.

Article 31. Interpretation of the application of law in trial or settlement of cases and matters

Interpretation of the application of law in trial or settlement of cases and matters means clarification by courts, in the course of trial or settlement of cases and matters and in their judgments and rulings, of the application of provisions of law in specific contexts or circumstances to try or settle cases and matters according to their jurisdiction.

Article 32. Selection, announcement and application of court precedents

1. Court precedents shall be selected by the Judicial Council of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court for study, reference and application in the trial or settlement of cases and matters.

2. The Judicial Council of the Supreme People’s Court shall guide the selection, announcement and application of court precedents.

Article 33. Duties and powers of courts in judgment execution

1. To issue decisions on execution of criminal judgments; postponement or suspension of the serving of imprisonment sentences, conditional early release; exemption from serving sentences, reduction of sentence serving duration; expungement of criminal records, exemption from or reduction of the judgment execution obligation for amounts payable to the state budget.

2. To issue decisions to compel the execution of courts’ legally effective judgments and rulings for administrative cases in accordance with law.

3. To issue decisions to postpone, exempt, reduce or suspend the abidance by courts’ decisions on application of administrative handling measures.

4. To perform other duties and exercise other rights in accordance with law.

Article 34. Settlement of complaints and denunciations   

Courts have the jurisdiction to settle complaints and denunciations for:

1. Procedural rulings/decisions and acts of courts and persons competent to conduct proceedings at courts in the course of trial or settlement of cases and matters falling within their jurisdiction in accordance with the procedural law;

2. Rulings/decisions and acts of courts and competent persons at courts in the performance of duties and other tasks other than those specified in Clause 1 of this Article in accordance with the laws on complaints and denunciations.

Article 35. Lawmaking activities

In lawmaking activities, the Supreme People’s Court shall perform the following duties and exercise the following powers:

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

2. To formulate, and propose to the National Assembly and the National Assembly Standing Committee for passage/adoption, laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee;

3. To promulgate legal documents within its competence in accordance with the Law on Promulgation of Legal Documents;

4. To coordinate with concerned agencies and organizations in the lawmaking work.

Article 36. Scientific research

Courts have duties to conduct scientific research related to their organization and operation; apply scientific research outcomes to contribute to improving their organizational apparatus, quality of their cadres, civil servants and public employees, and their operation efficiency.

 Article 37. Training and further training

1. The Supreme People’s Court shall organize training and further training courses to contribute to training human resources for courts.

2. Courts shall provide professional training and further training to improve professional qualifications for judges, court examiners, court clerks, other civil servants and public employees of courts; and provide professional further training to assessors, mediators and other subjects in accordance with law.

3. Courts shall encourage and create conditions for judges, court examiners, court clerks, other civil servants and public employees of courts to study on their own and participate in training and further training courses outside courts.

4. Training and further training institutions of courts may organize various forms of training and further training in accordance with law.

Article 38. International cooperation

Courts shall perform the task of international cooperation in the lawmaking field; train and further train human resources; conduct scientific research; build capacity; exchange experience in the trial and settlement of cases and matters; propose the conclusion of, accession to and implementation of treaties; conclude and implement international agreements; and join in international judicial institutions in accordance with law.

Chapter III

THE NATIONAL JUDGE SELECTION AND SUPERVISION COUNCIL

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

1. To consider and select persons who are fully qualified for acting as judges in accordance with this Law before proposing the Chief Justice of the Supreme People’s Court to:

a/ Submit to the National Assembly for approval the proposals on the appointment of judges of the Supreme People’s Court;

b/ Submit to the President for decision the appointment of judges of people’s courts or reappointment of judges of people’s courts.

2. To consider the relief from duty or dismissal of judges in accordance with this Law before proposing the Chief Justice of the Supreme People’s Court to:

a/ Submit to the National Assembly for approval the proposals on the relief from duty or dismissal of judges of the Supreme People’s Court;

b/ Submit to the President for decision the relief from duty or dismissal of judges of people’s courts.

3. To issue the professional ethics and code of conduct of judges.

4. To supervise the performance of duties, exercise of powers and observance of professional ethics and code of conduct by judges.

5. To consider proposals on the appointment, relief from duty, dismissal, commendation and disciplining of judges under Clause 1, Article 110 of this Law.

6. To protect judges in accordance with this Law and other relevant laws; to propose the Chief Justice of the Supreme People’s Court to submit to the National Assembly Standing Committee regulations on the judge protection regime.

7. To propose competent agencies to implement policies toward judges who suffer health or life harm while on official duty.

8. To propose regimes and policies for judges and other judicial title holders of courts to competent agencies.

9. To supervise the allocation of state payrolls, funding sources and resources to people’s courts.    

10. To perform other duties and exercise other powers in accordance with law.

Article 40. Composition of the National Judge Selection and Supervision Council

1. The National Judge Selection and Supervision Council shall be composed of its Chairperson, Vice Chairperson and members, specifically as follows:

a/ The Chief Justice of the Supreme People’s Court acts as the Chairperson;

b/ One Vice Chairperson is a Deputy Chief Justice of the Supreme People’s Court or a judge of the Supreme People’s Court assigned by the Chief Justice of the Supreme People’s Court on a rotary basis and with a term of office of 1 year;

c/ The Chief Justice of the Central Military Court;

d/ Chief justices of superior people’s courts;

dd/ One representative of the leadership of each of the following agencies: the Central Committee of the Vietnam Fatherland Front, the Vietnam Lawyers’ Association, the Office of the President, the Ministry of Justice, the Ministry of National Defense, the Ministry of Home Affairs, and the Ministry of Finance.

2. The list of members of the National Judge Selection and Supervision Council specified at Points c, d and dd, Clause 1 of this Article shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

3. The National Judge Selection and Supervision Council shall be assisted by the functional units of the Supreme People’s Court as decided by the Council’s Chairperson.

Article 41. Operation principles of the National Judge Selection and Supervision Council

1. The National Judge Selection and Supervision Council operates on a collegial basis and makes decisions by majority vote. Its members work on a part-time basis.

2. The National Judge Selection and Supervision Council holds regular and irregular meetings to perform its functions and duties and exercise its powers specified in Article 39 of this Law. It may request the Chief Justice of the Supreme People’s Court to propose the National Assembly Standing Committee to promulgate the Council’s Operation Regulation.

3. While performing its duties and exercising its powers, the National Judge Selection and Supervision Council may use the seal of the Supreme People’s Court.

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

1. To manage and organize the performance of jobs of the Council.

2. To promulgate on the Council’s behalf programs, plans and other documents approved by the Council.

3. To direct the settlement of affairs while the Council is in recess.

4. To decide on contents of, participants to be invited to, and duration of, meetings of the Council; to summon members and chair meetings of the Council.

5. To request, on the Council’s behalf, competent agencies to consider and decide on contents related to the functions, duties and powers of the Council in accordance with this Law and relevant regulations.

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

1. To assist the Council’ Chairperson in managing the operation of the Council.

2. To monitor and urge the organization of activities under working plans and programs of the Council.

3. To assist the Council’ Chairperson in organizing the performance of the duties and exercise of the powers specified in Clauses 4, 5, 7, 8 and 9, Article 39 of this Law.

4. To perform the duties and exercise the powers of members of the Council as specified in Clause 2, Article 44 of this Law.

5. To perform other duties and exercise other powers as assigned by the Council and the Council’s Chairperson.

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

1. Council members who are representatives of their employing agencies and organizations shall perform the functions and duties and exercise the powers and carry out other activities of the Council.

2. Council members have the following duties and powers:

a/ To participate in all activities of the Council;

b/ To perform the duties and exercise the powers assigned or vested by the Council or the Council’s Chairperson; to take responsibility before the Council, the Council’s Chairperson and law for their performance of duties and exercise of powers;

c/ To discuss and vote on issues falling within the ambit of functions, duties and powers of the Council as specified in Article 39 of this Law;

d/ To implement the Operation Regulation of the Council and provisions of law.

Article 45. Operating funds of the National Judge Selection and Supervision Council

Operating funds of the National Judge Selection and Supervision Council shall be covered by the state budget and included in the operating funds of the Supreme People’s Court.

Chapter IV

ORGANIZATIONAL APPARATUS

Section 1

THE SUPREME PEOPLE’S COURT

Article 46. Duties and powers of the Supreme People’s Court

The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam, performing the duties and exercising the powers below:

1. To review according to cassation or reopening procedures the courts’ legally effective judgments and rulings that are protested against in accordance with law;

2. To supervise the adjudication by other courts, except cases specified by law;

3. To make overall review of trial practices of courts, ensuring the uniform application of law in trial;

4. To develop court precedents;

5. To train human resources; to provide professional further training to judges, court examiners, court clerks, other civil servants and public employees of courts; to provide professional  further training to assessors, mediators and other subjects in accordance with law;

6. To organizationally manage people’s courts and military courts in accordance with this Law and other relevant laws, ensuring the jurisdiction-based independence of courts from one another;

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

8. To carry out professional inspection or examination of courts, judges, assessors, court examiners and court clerks in order to ensure law observance, power control and corruption and negative practice prevention and combat in operation of courts;

9. To undertake international cooperation;

10. To perform other duties and exercise other powers in accordance with 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 Judicial Council;

b/ The Office;

c/ Departments and the equivalent;

d/ Training and further training institutions;

dd/ The press agency.

2. The Supreme People’s Court has its Chief Justice, Deputy Chief Justices and judges; judges of people’s courts, court examiners, court clerks, other civil servants, public employees and workers.

3. The National Assembly Standing Committee shall approve requests for establishment, reorganization or dissolution of the agencies and units specified at Points c and dd, Clause 1 of this Article at the request of the Chief Justice of the Supreme People’s Court. The establishment of training and further training institutions specified at Point d, Clause 1 of this Article must comply with law.

 Article 48. Judicial Council of the Supreme People’s Court 

1. The number of members of the Judicial Council of the Supreme People’s Court must be between 13 and 17, including the Chief Justice, Deputy Chief Justices who are judges of the Supreme People’s Court, and judges of the Supreme People’s Court.

2. It is required to ensure an appropriate percentage of female members of the Judicial Council of the Supreme People’s Court to achieve the goal of gender equality.

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

a/ To review according to cassation or reopening procedures the courts’ legally effective judgments and rulings that are protested against in accordance with law;

b/ To make overall review of trial practices of courts, ensuring the uniform application of law in trial; to issue resolutions to guide courts in uniformly applying law in trial;

c/ To detect illegal provisions in, and make recommendations about the constitutionality and legality of, legal documents in the trial or settlement of cases and matters in accordance with law;

d/ To select its cassation rulings and courts’ legally effective judgments and rulings that reach standards, then summarize and develop them into court precedents;

dd/ To discuss and give its opinions on reports of the Chief Justice of the Supreme People’s Court on people’s courts’ work for submission to the National Assembly, the National Assembly Standing Committee and the President;

e/ To give its opinions on draft laws, draft ordinances and draft resolutions of the National Assembly and the National Assembly Standing Committee that are prepared by the Supreme People’s Court;

g/ To discuss and give its opinions on draft 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 and heads of ministerial-level agencies in accordance with law.

3. A plenary meeting of the Judicial Council of the Supreme People’s Court shall be attended by at least two-thirds of its total members. Decisions of the Judicial 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 Judicial Council of the Supreme People’s Court where resolutions of the Judicial Council of the Supreme People’s Court are discussed and adopted.

5. Cassation or reopening trial rulings of the Judicial Council of the Supreme People’s Court are the highest and legally effective and cannot be protested against. 

Article 49. Organization of trial by the Judicial Council of the Supreme People’s Court

1. The Judicial Council of the Supreme People’s Court shall conduct trial according to cassation or reopening procedures with a Trial Panel composed of 5 judges or all judges of the Supreme People’s Court.

2. A cassation or reopening trial with a Trial Panel composed of 5 judges or all judges of the Supreme People’s Court shall be conducted in accordance with law.

Section 2

SUPERIOR PEOPLE’S COURTS

Article 50. Duties and powers of superior people’s courts

1. To conduct appellate trial of cases and matters for which not-yet-legally-effective first-instance judgments or rulings of provincial-level people’s courts, administrative affairs-related first-instance people’s tribunals or intellectual property-related first-instance people’s tribunals within their territorial jurisdiction are appealed or protested against in accordance with law.

2. To settle requests, recommendations or protests about bankruptcy rulings of bankruptcy-related people’s tribunals within their territorial jurisdiction in accordance with law.

3. To conduct trial according to cassation or reopening procedures of cases and matters for which legally effective judgments or rulings of provincial-level people’s courts, district-level people’s courts, or first-instance people’s tribunals within their territorial jurisdiction are protested against in accordance with law.

4. To propose the Chief Justice of the Supreme People’s Court to consider and protest against legally effective judgments and rulings of superior people’s courts upon detecting violations or discovering new circumstances in accordance with law.

5. To make overall review of trial practices and propose court precedents.

6. To perform the duties and exercise the powers specified at Points b, c, d and dd, Clause 2, Article 3 of this Law.

7. To perform other duties and exercise other powers in accordance with law.

Article 51. Organizational structure of superior people’s courts

1. The organizational structure of a superior people’s court consists of:

a/ The judicial committee;

b/ The tribunals, including the criminal tribunal, civil tribunal, administrative tribunal, economic tribunal, labor tribunal, and family and juvenile tribunal.

In case of necessity, the National Assembly Standing Committee shall decide to establish another tribunal at the proposal of the Chief Justice of the Supreme People’s Court;

c/ The Office;

d/ The Departments.

2. A superior people’s court has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, people’s court judge, court examiner, court clerk, other civil servants and workers.

Article 52. Judicial committees of superior people’s courts

1. The judicial committee of a superior people’s court shall be composed of the chief justice, deputy chief justices and a number of judges of people’s courts as decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the superior people’s court.

The number of members of the judicial committee of a superior people’s court must be between 11 and 13.

2. The judicial committee of a superior people’s court has the following duties and powers:

a/ To conduct trial according to cassation or reopening procedures of cases and matters for which legally effective judgments or rulings of provincial-level people’s courts, district-level people’s courts, or first-instance people’s tribunals within their territorial jurisdiction are protested against in accordance with law;

b/ To perform the duties and exercise the powers specified at Points b, c, d and dd, Clause 2, Article 3 of this Law;

c/ To make overall review of trial practices; to propose court precedents;

d/ To discuss proposals of the chief justice of the superior people’s court proposing the Chief Justice of the Supreme People’s Court to review legally effective judgments and rulings of the superior people’s court according to cassation or reopening procedures at the request of the chief justice of the superior people’s court;

dd/ To discuss working programs and plans of the superior people’s court;

e/ To discuss and give opinions on reports of the chief justice of the superior people’s court regarding the court’s work for reporting to the Chief Justice of the Supreme People’s Court.

3. A meeting of the judicial committee of a superior people’s court shall be attended by at least two-thirds of its total members. Decisions of the judicial committee of a superior people’s court shall be voted for by more than half of its total members.

Article 53. Organization of trial by judicial committees of superior people’s courts

1. The judicial committee of a superior people’s court shall conduct trial according to cassation or reopening procedures with a trial panel composed of 3 judges of people’s courts or all members of the committee.

2. A cassation or reopening trial with a trial panel composed of 3 judges of people’s courts or all members of the judicial committee of a superior people’s court shall be conducted in accordance with law.

Article 54. Duties and powers of tribunals of superior people’s courts

1. To conduct appellate trial of cases and matters for which not-yet-legally-effective first-instance judgments or rulings of provincial-level people’s courts, administrative affairs-related first-instance people’s tribunals or intellectual property-related first-instance people’s tribunals within their territorial jurisdiction are appealed or protested against in accordance with law.

2. To settle requests, proposals or protests regarding bankruptcy rulings of bankruptcy-related people’s tribunals within their territorial jurisdiction in accordance with law.

3. To perform the duties and exercise the powers specified at Points b, c, d and dd, Clause 2, Article 3 of this Law.

Section 3

PROVINCIAL-LEVEL PEOPLE’S COURTS

Article 55. Duties and powers of provincial-level people’s courts

1. To conduct first-instance trial of cases and matters in accordance with law.    

2. To conduct appellate trial of cases and matters for which not-yet-legally-effective first-instance judgments or rulings of district-level people’s courts are appealed or protested against in accordance with law.

3. To review legally effective judgments and rulings of district-level people’s courts.

4. To request chief justices of superior people’s courts or the Chief Justice of the Supreme People’s Court to consider and make protests against legally effective judgments and rulings of district-level people’s courts when detecting violations of law or discovering new circumstances in accordance with law.

5. To make overall review of trial practices and propose court precedents.

6. To perform the duties and exercise the powers specified at Points b, c, d, dd and g, Clause 2, Article 3 of this Law.

7. To perform other duties and exercise the powers in accordance with law.

Article 56. Organizational structure of provincial-level people’s courts

1. The organizational structure of a provincial-level people’s court consists of:

a/ The judicial committee;

b/ The tribunals, including the criminal tribunal, civil tribunal, administrative tribunal, economic tribunal, labor tribunal, and family and juvenile tribunal;

In case of necessity, the National Assembly Standing Committee shall decide to establish another tribunal at the proposal of the Chief Justice of the Supreme People’s Court.

Based on the provision of this Point and requirements of trial practices of each of provincial-level people’s courts, the Chief Justice of the Supreme People’s Court shall decide on the organization of tribunals;

c/ The office;

d/ The divisions and equivalent units.

2. A provincial-level people’s court has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges of people’s courts, court examiner, court clerk, other civil servants and workers.

Article 57. Judicial committees of provincial-level people’s courts

1. The judicial committee of a provincial-level people’s court shall be composed of the chief justice, deputy chief justices and a number of judges of the people’s courtas decided by the Chief Justice of the Supreme People’s Court. The number of members of the judicial committee shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the provincial-level people’s court.

Meetings of the judicial committee of a provincial-level people’s court shall be chaired by the chief justice.

2. The judicial committee of a provincial-level people’s court has the following duties and powers:

a/ To discuss working programs and plans of the court;

b/ To discuss and give its opinions on work reports of the chief justice of the court for reporting to the Chief Justice of the Supreme People’s Court and the same-level People’s Council;

c/ To make overall review of trial practices and propose court precedents;

d/ To discuss recommendations of the chief justice of the court proposing the chief justice of the superior people’s court or the Chief Justice of the Supreme People’s Court to review the courts’ legally effective judgments and rulings according to cassation or reopening procedures at the request of the chief justice of the court.

Article 58. Duties and powers of tribunals of provincial-level people’s courts

1. To conduct first-instance trial of cases and matters in accordance with law.    

2. To conduct appellate trial of cases and matters for which not-yet-legally-effective first-instance judgments or rulings of district-level people’s courts are appealed or protested against in accordance with law.

3. To perform other duties and exercise other powers specified at 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. To conduct first-instance trial of cases and matters in accordance with law.

2. To perform the duties and exercise the powers specified at Points b, c, d, dd and g, Clause 2, Article 3 of this Law.

3. To make overall review of trial practices and propose court precedents.

4. To perform other duties and exercise other powers in accordance with law.

Article 60. Organizational structure of district-level people’s courts

1. A district-level people’s court may have the criminal tribunal, civil tribunal, family and juvenile tribunal, and administrative tribunal. In case of necessity, the National Assembly Standing Committee may decide to establish other tribunals at the proposal of the Chief Justice of the Supreme People’s Court.

Based on the provision of this Clause and requirements of trial practices of each of district-level courts, the Supreme People’s Court shall decide on the organization of tribunals.

2. District-level courts have their assisting apparatuses.

The Chief Justice of the Supreme People’s Court shall decide to establish and define the duties and powers of assisting apparatuses of district-level courts.

3. A district-level people’s court has its chief justice, deputy chief justice, presidents and vice presidents of tribunals, judges of the people’s court, and court examiner in charge of judgment execution, court clerk, other civil servants and workers.

Article 61. Duties and powers of tribunals of district-level people’s courts

1. To conduct first-instance trial of cases and matters in accordance with law.

2. To perform the duties and exercise the powers specified at Points b, c, d and dd, Clause 2, Article 3 of this Law.

Section 5

FIRST-INSTANCE PEOPLE’S TRIBUNALS

Article 62. Duties and powers of first-instance people’s tribunals

1. Administrative affairs-related first-instance people’s tribunals have the following duties and powers:

a/ To conduct first-instance trial of administrative cases for lawsuits or complaints about administrative decisions or acts of state administrative agencies or competent persons in state administrative agencies at the provincial or higher level, except the case specified at Point a, Clause 2 of this Article; lawsuits or complaints about decisions on disciplinary form of forcible resignation of heads of agencies and organizations at the provincial or higher level in accordance with the Law on Administrative Procedure;

b/ To issue decisions on enforcement of courts’ legally effective judgments and rulings for administrative cases in accordance with law;

c/ To administratively sanction acts of obstructing procedural activities in accordance with law;

d/ To make overall review of trial practices and propose court precedents;

dd/ To perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law and other duties and powers in accordance with law.

2. Intellectual property-related first-instance people’s tribunals have the following duties and powers:

a/ To conduct first-instance trial of intellectual property cases and matters in accordance with the Civil Procedure Code; to conduct first-instance trial of intellectual property-related administrative cases in accordance with the Law on Administrative Procedure;

b/ To issue decisions on enforcement of courts’ legally effective judgments and rulings for intellectual property-related administrative cases in accordance with law;

c/ To administratively sanction acts of obstructing procedural activities in accordance with law;

d/ To make overall review of trial practices and propose court precedents;

dd/ To perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law and other duties and powers in accordance with law.

3. Bankruptcy-related people’s tribunals have the following duties and powers:

a/ To settle bankruptcy cases and matters falling within jurisdiction of people’s courts in accordance with law;

b/ To administratively sanction acts of obstructing procedural activities in accordance with law;

c/ To make overall review of trial practices and propose court precedents;

d/ To perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law and other duties and powers in accordance with law.

Article 63. Organizational structure of first-instance people’s tribunals

1. A first-instance people’s tribunal has its chief justice, deputy chief justice, people’s court judge, court examiner, court clerk, other civil servants and workers. Judges of people’s courts working at first-instance people’s tribunals must have professional knowledge and working experience in fields falling within the jurisdiction of their first-instance people’s tribunals.

2. First-instance people’s tribunals have their assisting apparatuses.

The Chief Justice of the Supreme People’s Court shall decide to establish and define the duties and powers of assisting apparatuses of first-instance people’s tribunals.

Section 6

MILITARY COURTS

Article 64. Duties and powers of military courts

Military courts shall be organized in the Vietnam People’s Army to try criminal cases involving defendants who are in-service army men and other cases in accordance with law.

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

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

a/ To conduct appellate trial of cases for which not-yet-legally-effective first-instance criminal judgments or rulings of military courts of military zones or the equivalent are appealed or protested against in accordance with law;

b/ To conduct according to cassation or reopening procedures the trial of cases for which legally effective judgments or rulings of military courts of military zones or the equivalent or of regional military courts are protested against in accordance with law;

c/ To administratively sanction acts of obstructing procedural activities in accordance with law; to perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law;

d/ To make overall review of trial practices and propose court precedents;

dd/ To perform other duties and exercise other powers in accordance with law.

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

a/ The Judicial Committee;

b/ The appellate courts;

c/ The assisting apparatus.

3. The Central Military Court has its Chief Justice, Deputy Chief Justices, the president, vice presidents, people’s court judge, court examiner, court clerk, other servicemen and other civil servants.

4. The Chief Justice of the Supreme People’s Court shall decide on the establishment and define the duties and powers of the assisting apparatus of the Central Military Court after reaching agreement with the Minister of National Defense.

Article 66. The Judicial Committee of the Central Military Court

1. The Judicial Committee of the Central Military Court shall be composed of the Chief Justice, Deputy Chief Justices and a number of judges of people’s courts as decided by the Chief Justice of the Supreme People’s Court at the proposal of the Chief Justice of the Central Military Court.

The number of members of the Judicial Committee of the Central Military Court must not exceed 7.

2. The Judicial Committee of the Central Military Court has the following duties and powers:

a/ To conduct according to cassation or reopening procedures the trial of cases for which legally effective judgments or rulings of military courts of military zones or the equivalent or of regional military courts are protested against in accordance with law;

b/ To make overall review of trial practices and propose court precedents;

c/ To discuss recommendations of the Chief Justice of the Central Military Court proposing the Chief Justice of the Supreme People’s Court to review legally effective court judgments and rulings of the Central Military Court according to cassation or reopening procedures at the request of the Chief Justice of the Central Military Court;

d/ To discuss and give its opinions on reports of the Chief Justice of the Central Military Court on work of military courts for reporting to the Chief Justice of the Supreme People’s Court and the Minister of National Defense;

dd/ To discuss working programs and plans of the Central Military Court;

e/ To perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law.

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

Article 67. Organization of trial by the Judicial Committee of the Central Military Court

1. The Judicial Committee of the Central Military Court shall conduct trial according to cassation or reopening procedures with a trial panel composed of 3 judges or all members of the Committee.

2. The trial according to cassation or reopening procedures with a trial panel composed of 3 judges or all members of the Judicial Committee of the Central Military Court shall be conducted in accordance with law.

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

1. To conduct appellate trial of cases for which not-yet-legally-effective first-instance criminal judgments or rulings of military courts of military zones or the equivalent are appealed or protested against in accordance with law.

2. To administratively sanction acts of obstructing procedural activities in accordance with law; to perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law.

3. To perform other duties and exercise other powers in accordance with law.

Article 69. Duties and powers of military courts of military zones or the equivalent

1. To conduct first-instance trial of criminal cases in accordance with law.

2. To conduct appellate trial of cases for which not-yet-legally-effective first-instance criminal judgments or rulings of regional military courts are appealed or protested against in accordance with law.

3. To administratively sanction acts of obstructing procedural activities in accordance with law; to perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law.

4. To make overall review of trial practices and propose court precedents.

5. To perform other duties and exercise other powers in accordance with law.

Article 70. Organizational structure of military courts of military zones or the equivalent

1. The organizational structure of a military court of a military zone or the equivalent consists of:

a/ The judicial committee;

b/ The assisting apparatus.

2. A military court of a military zone or the equivalent has its chief justice, deputy chief justice, people’s court judge, court examiner, court clerk, other servicemen and other civil servants.

3. The Chief Justice of the Supreme People’s Court shall decide on the establishment and define the duties and powers of the assisting apparatus of military courts of military zones or the equivalent after reaching agreement with the Minister of National Defense.

Article 71. Judicial committees of military courts of military zones or the equivalent

1. The judicial committee of a military court of a military zone or the equivalent shall be composed of the chief justice, deputy chief justice and a number of judges of people’s courts as decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the military court.

The number of members of the judicial committee of a military court of a military zone or the equivalent must not exceed 5.

Meetings of the judicial committee of a military court of a military zone or the equivalent shall be chaired by the chief justice.

2. The judicial committee of a military court of a military zone or the equivalent has the following duties and powers:

a/ To discuss working programs and plans of the military court;

b/ To discuss work reports of the chief justice of the military court;

c/ To make overall review of trial practices and propose court precedents;

d/ To discuss recommendations of the chief justice of the military court proposing the Chief Justice of the Central Military Court to review the court’s legally effective judgments and rulings according to cassation or reopening procedures at the proposal of the chief justice;

dd/ To perform the duties and exercise the powers specified at Points d and dd, Clause 2, Article 3 of this Law.

Article 72. Duties, powers and organizational structures of regional military courts

1. A regional military court has the following duties and powers:

a/ To conduct first-instance trial of criminal cases in accordance with law;

b/ To administratively sanction acts of obstructing procedural activities in accordance with law; to perform the duties and exercise the powers specified at Points d, dd and g, Clause 2, Article 3 of this Law.

c/ To perform other duties and exercise other powers in accordance with law.

2. A regional military court has its chief justice, deputy chief justice, people’s court judge, court examiner in charge of judgment execution, court clerk, other servicemen, and other civil servants.

3. The Chief Justice of the Supreme People’s Court shall decide on the establishment and define the duties and powers of the assisting apparatus of regional military courts after reaching agreement with the Minister of National Defense.

Chapter V

CADRES, CIVIL SERVANTS, PUBLIC EMPLOYEES AND WORKERS OF PEOPLE’S COURTS

Section 1

GENERAL PROVISIONS

Article 73. Cadres, civil servants, public employees and workers of courts

1. Judicial title holders in courts include:

a/ Chief justices and deputy chief justices of people’s courts and military courts at all levels;        

b/ Judges of the Supreme People’s Court;

c/ Judges of people’s courts;

d/ Court examiners;

dd/ Court clerks.

2. Other civil servants, other servicemen, public employees and workers.

Article 74. Responsibilities of cadres, civil servants, public employees and workers of courts

1. To comply with the Constitution, law and regulations of courts.

2. To perform their duties, exercise their powers and be held responsible before law for the performance of their duties and exercise of their powers in accordance with law.

3. To protect state secrets and work secrets.

4. To learn and study to improve their professional qualifications and skills.

5. To respect, and submit to supervision by, the People.

6. To pay compensations for damage caused during their duty performance and power exercise and refund them to the state budget in accordance with law.

7. To perform other responsibilities as provided by law.

Article 75.  Management of civil servants, public employees and workers of courts

1. The Chief Justice of the Supreme People’s Court shall manage civil servants, public employees and workers of people’s courts at all levels in accordance with law.

2. The Chief Justice of the Supreme People’s Court shall coordinate with the Minister of National Defense in managing servicemen, and civil servants of military courts at all level in accordance with law.

3. Chief justices of courts at all level shall, within the ambit of their tasks and powers, manage civil servants, servicemen and workers of courts in accordance with this Law and as decentralized by the Chief Justice of the Supreme People’s Court.

Section 2

CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF PEOPLE’S COURTS

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

1. The Chief Justice of the Supreme People’s Court shall be elected, relieved from duty or removed from office by the National Assembly at the proposal of the President.

The term of office of the Chief Justice of the Supreme People’s Court must follow the tenure of the National Assembly.

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

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

1. To organize the adjudicating work of the Supreme People’s Court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law.

2. To chair meetings of the Judicial Council of the Supreme People’s Court.

3. To protest according to cassation or reopening procedures against legally effective judgments and rulings of courts in accordance with law.

4. To submit to the President his/her proposals on cases in which the convicts apply for commutation of capital punishment.

5. To direct the review of trial practices and the drafting of resolutions of the Judicial Council of the Supreme People’s Court to ensure the uniform application of law in trial and development of court precedents; to publicize court precedents.

6. To direct the drafting of laws, ordinances and resolutions to be submitted by the Supreme People’s Court to the National Assembly and the National Assembly Standing Committee; to promulgate or jointly promulgate legal documents according to his/her competence.

7. To submit to the National Assembly for approval the proposals for appointment, relief from duty and dismissal of judges of the Supreme People’s Court; to propose the President to appoint, relieve from duty or dismiss Deputy Chief Justices of the Supreme People’s Court and judges of people’s courts.

8. To appoint, relieve from duty or dismiss holders of the positions specified in Clause 1, Article 79; Clause 1, Article 80; Clause 1, Article 81; Clause 1, Article 82; Clause 1, Article 83; Clause 1, Article 85; Clause 1, Article 86; and Clause 1, Article 87, of this Law and holders of other positions in the Supreme People’s Court, except those falling within the competence of the President to appoint, relieve from duty or dismiss.

9. To specify the conditions for each rank and rank promotion for court examiners and court clerks; to specify the structure of proportions of ranks of court examiners and court clerks at courts; to appoint civil servants to ranks of court examiners and court clerks.

10. To decide on the rotation, transfer or secondment of judges of people’s courts.

11. To submit to the National Assembly Standing Committee for decision the establishment or dissolution of superior people’s courts, provincial-level people’s courts, district-level people’s courts and first-instance people’s tribunals; to specify the territorial jurisdiction of superior people’s courts and first-instance people’s tribunals; and the establishment of other tribunals of people’s courts when deeming it necessary.

To submit to the National Assembly Standing Committee for decision the establishment or dissolution, and specify the territorial jurisdiction, of military courts of military zones and the equivalent and regional military courts after reaching agreement with the Minister of National Defense.

12. To decide on the organization of the tribunals specified in Clause 1, Article 56 and Clause 1, Article 60 of this Law.

13. To submit to the National Assembly Standing Committee for approval the establishment, reorganization or dissolution of the agencies and units specified at Points c and dd, Clause 1, Article 47 of this Law.

To specify the organizational structure, tasks and powers of the agencies and units specified at Points b, c, d and dd, Clause 1, Article 47 of this Law.

14. To decide on the establishment, reorganization and dissolution, and define the tasks and powers, of offices and departments of superior people’s courts; offices and divisions of provincial-level people’s courts; assisting apparatuses of district-level people’s courts, and first-instance people’s tribunals.

15. To decide on the establishment, reorganization and dissolution, and define the tasks and powers, of assisting apparatuses of the Central Military Court, military courts of military zones and the equivalent, and regional military courts after reaching agreement with the Minister of National Defense.

16. To decide on the allocation of payrolls, number of judges of people’ courts and budget funds for the operation of people’s courts; to set payrolls of military courts after reaching agreement with the Minister of National Defense.

17. To inspect the implementation of payrolls, management of staffs, management and use of budget funds and physical facilities of courts.

18. To organize the training and further training of judges, assessors, court examiners, court clerks, mediators and other subjects in accordance with law.

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

20. To organize international cooperation activities of courts.

21. To perform other tasks and exercise other powers in accordance with this Law and other 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, relieved from duty or dismissed by the President.

2. Deputy Chief Justices of the Supreme People’s Court shall be selected among judges of the Supreme People’s Court or judges of people’s courts who fully meet the criteria and conditions specified in Clause 1, Article 96 of this Law.

In case Deputy Chief Justices of the Supreme People’s Court are selected among judges of people’s courts, the Chief Justice of the Supreme People’s Court shall propose the National Assembly to ratify the titles of, and the President to appoint, judges of the Supreme People’s Court in accordance with law.

3. The term of office of Deputy Chief Justices of the Supreme People’s Court is 5 years from the date of appointment.

4.  Deputy Chief Justices of the Supreme People’s Court shall assist the Chief Justice in performing his/her duties and exercising his/her powers as assigned by the latter. When the Chief Justice is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the work of the Court. Deputy Chief Justices shall be held responsible before law and answerable to the Chief Justice for the performance of assigned duties and exercise of assigned powers.

5. To perform other duties and exercise other powers in accordance with this Law and other relevant laws.

Article 79. Chief justices of superior people’s courts 

1. Chief justices of superior people’s courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of chief justices of superior people’s courts is 5 years from the date of appointment.

2. The chief justice of a superior people’s court has the following duties and powers:

a/ To organize the adjudicating work of the superior people’s court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To chair meetings of the judicial committee of the superior people’s court;

c/ To protest according to cassation or reopening procedures against legally effective judgments or rulings of provincial-level people’s courts district-level people’s courts and first-instance people’s tribunals falling within their territorial jurisdiction in accordance with law;

d/ To perform duties and exercise powers regarding organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;

dd/ To be answerable to, and report on the work of the superior people’s court to, the Chief Justice of the Supreme People’s Court;

e/ To perform other duties and exercise other powers in accordance with law.

Article 80. Chief justices of provincial-level people’s courts

1. Chief justices of provincial-level people’s courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of chief justices of provincial-level people’s courts is 5 years from the date of appointment.

2. The chief justice of a provincial-level people’s court has the following duties and powers:

a/ To organize the adjudicating work of the provincial-level people’s court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and obey only the law;

b/ To chair meetings of the judicial committee of the provincial-level people’s court;

c/ To perform duties and exercise powers regarding organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;

d/ To be answerable to, and report on the work of the provincial-level people’s court and district-level people’s courts to, the provincial-level People’s Council and the Chief Justice of the Supreme People’s Court;

dd / To recommend the chief justice of the superior people’s court or the Chief Justice of the Supreme People’s Court to consider and make protests against legally effective judgments or rulings according to cassation or reopening procedures in accordance with the procedural law;

e/ To perform other duties and exercise other powers provided by law.

Article 81. Chief justices of district-level people’s courts

1. Chief justices of district-level people’s courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of chief justices of district-level people’s courts is 5 years from the date of appointment.

2. The chief justice of a district-level people’s court has the following duties and powers:

a/ To organize the adjudicating work of the district-level people’s court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To perform duties and exercise powers regarding organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;

c/ To be answerable to, and report on the work of the district-level people’s court to, the competent People’s Council and the chief justice of the provincial-level people’s court;

d/ To perform the duties and exercise the powers provided by law.

Article 82. Chief justices of first-instance people’s tribunals

1. Chief justices of first-instance people’s tribunals shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of chief justices of first-instance people’s tribunals is 5 years from the date of appointment.

2. The chief justice of a first-instance people’s tribunal has the following duties and powers:

a/ To organize the adjudicating work of the first-instance people’s tribunal; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To perform duties and exercise powers regarding organization and personnel work as decentralized by the Chief Justice of the Supreme People’s Court;

c/ To be answerable to, and report on the work of the first-instance people’s tribunal to, the Chief Justice of the Supreme People’s Court;

d/ To perform the duties and exercise the powers provided by law.

Article 83. Deputy chief justices of superior people’s courts, provincial-level people’s courts, district-level people’s courts and first-instance people’s tribunals

1. Deputy chief justices of superior people’s courts, provincial-level people’s courts, district-level people’s courts and first-instance people’s tribunals shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of deputy chief justices of superior people’s courts, provincial-level people’s courts, district-level people’s courts and first-instance people’s tribunals is 5 years from the date of appointment.

2. Deputy chief justices of superior people’s courts, provincial-level people’s courts, district-level people’s courts and first-instance people’s tribunals shall assist the chief justices in performing duties and exercising powers as assigned by the latter. When the chief justice of a court is absent, a deputy chief justice authorized by the chief justice shall lead the work of the court. Deputy chief justices shall be held responsible before law and answerable to the chief justices for the performance of assigned duties and exercise of assigned powers.

3. To perform the duties and exercise the powers as provided by the procedural law; and other duties and powers as provided by law.

Article 84. The Chief Justice of the Central Military Court

1. The Chief Justice of the Central Military Court is a Deputy Chief Justice of the Supreme People’s Court who shall be appointed, relieved from duty or dismissed by the President.

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

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

a/ To organize the adjudicating work of the Central Military Court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To chair meetings of the Judicial Committee of the Central Military Court;

c/ To make protests according to cassation procedures against legally effective judgments or rulings of military courts of military zones and the equivalent and of regional military courts in accordance with law;

d/ To organize inspection of the work of military courts of military zones and the equivalent and of regional military courts;

dd/ To organize professional training courses for judges of people’s courts, servicemen’s assessors, court examiners and court clerks of military courts;

e/ To be answerable to, and report on the work of military courts to, the Chief Justice of the Supreme People’s Court and the Minister of National Defense;

g/ To appoint, relieve from duty or dismiss position holders in military courts, except judges of people’s courts, chief justices and deputy chief justices;

h/ To perform the duties and exercise the powers provided by the procedural law; to settle other matters in accordance with law.

Article 85. Chief justices of military courts of military zones and the equivalent

1. Chief justices of military courts of military zones and the equivalent shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of chief justices of military courts of military zones and the equivalent is 5 years from the date of appointment.

2. The chief justice of a military court of a military zone or the equivalent has the following duties and powers:

a/ To organize the adjudicating work of the military court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To chair meetings of the judicial committee of the military court;

b/ To be answerable to, and report on the work of the military court of the military zone or the equivalent and the regional military court to, the Chief Justice of the Central Military Court and the Commander of the military zone or the equivalent;

c/ To perform the duties and exercise the powers provided by the procedural law; to settle other matters prescribed by law.

Article 86. Chief justices of regional military courts

1. Chief justices of regional military courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of chief justices of regional military courts is 5 years from the date of appointment.

2. The chief justice of a regional military court has the following duties and powers:

a/ To organize the adjudicating work of the regional military court; to organize the implementation of the principle that judges and assessors conduct trials in an independent manner and abide only by law;

b/ To be answerable to, and report on the work of the regional military court to, the chief justice of the military court of the military zone or the equivalent;

c/ To perform the duties and exercise the powers provided by the procedural law; to settle other matters prescribed by law.

Article 87. Deputy chief justices of the Central Military Court, military courts of military zones and the equivalent, and regional military courts

1. Deputy chief justices of the Central Military Court, military courts of military zones and the equivalent, and regional military courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of deputy chief justices of the Central Military Court, military courts of military zones and the equivalent, and regional military courts is 5 years from the date of appointment.

2. Deputy chief justices of the Central Military Court, military courts of military zones and the equivalent, and regional military courts shall assist the chief justice(s) in performing duties and exercise powers as assigned by the latter. When the chief justice of a court is absent, a deputy chief justice authorized by the chief justice shall lead the work of the court. Deputy chief justices shall be held responsible before law and answerable to the chief justice(s) for the assigned tasks and powers.

3. To perform other duties and exercise other powers provided by law.

Section 3

JUDGES

Article 88. Judges

Judges are persons who fully meet the criteria and conditions specified by this Law and appointed by the President to perform the adjudicating duty and other duties and exercise other powers in accordance with this Law and other relevant laws.

Article 89. Oaths of judges

1. Appointed judges shall take the oath of full allegiance to the Fatherland, the People and the Constitution of the Socialist Republic of Vietnam; and vow to perform the assigned duties and exercise vested powers in an honest and dedicated manner; practice justice only in abidance by law and in an objective and fair manner; and observe the code of professional ethics and conduct of judges.

2. The Chief Justice of the Supreme People’s Court shall provide the method of taking oaths of judges. 

Article 90. Judge ranks and grades

1. Ranks of judges include:

a/ Judges of the Supreme People’s Court;

b/ Judges of people’s courts.

2. The National Assembly Standing Committee shall provide grades of judges of people’s courts, conditions for each grade, and the grade promotion for judges of people’s courts at the proposal 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 based on approval resolutions of the National Assembly at the proposal of the Chief Justice of the Supreme People’s Court.

2. Judges of people’s courts shall be appointed by the President at the proposal of the Chief Justice of the Supreme People’s Court.

3. The first-time appointment of judges of people’s courts shall be made through examinations for selection of judges of people’s courts, except the case specified in Clause 2, Article 95 of this Law.

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

1. To perform the duties and exercise the powers of members of the Judicial Council of the Supreme People’s Court.

2. To participate in training, further training, teaching/lecturing and scientific research activities.

3. To perform other duties and exercise other powers in accordance with law and as assigned by the Chief Justice of the Supreme People’s Court.

Article 92. Duties and powers of judges of people’s courts

1. To perform the duties and exercise the powers specified at Points a, b, c, d and dd, Clause 2, Article 3 of this Law.

2. Judges of people’s courts who work at the Supreme People’s Court have the following duties and powers:

a/ To consider and decide to accept requests for trial according to cassation or reopening procedures as assigned by the Chief Justice of the Supreme People’s Court;

b/ To propose the Chief Justice and judges of the Supreme People’s Court to settle requests, proposals or recommendations for trial according to cassation or reopening procedures;

c/ To examine and verify documents and evidences in accordance with law;

d/ To prepare reports or draft conclusions on the verification of files, documents and evidences of cases and matters for which court judgments and rulings have taken legal effect and submit them to judges, the Chief Justice or the Judicial Council of the Supreme People’s Court;

dd/ To propose the Chief Justice of the Supreme People’s Court to settle complaints in procedural activities in accordance with the procedural law.

e/ To propose the Chief Justice of the Supreme People’s Court to perform the duties and exercise the powers in the execution of death sentences and the grant of special amnesty in accordance with law;

g/ To propose the Chief Justice and the Judicial Council of the Supreme People’s Court to develop court precedents for courts’ legally effective judgments and rulings;

h/ To propose contents on which experience should be drawn and contents for assurance of the uniform application of law in practical trial or settlement of cases and matters;

i/ To perform the duty of trying or settling cases and matters at other courts in accordance with regulations of the Chief Justice of the Supreme People’s Court.

3. To perform other duties and exercise other powers as assigned and vested by chief justices and prescribed by law.

Article 94. Criteria for a judge of a people’s court

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

2. Being aged full 28 years or older.

3. Possessing a bachelor or higher degree in law.

4. Having been professionally trained in adjudication.

5. Having been engaged in legal work 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 satisfies the criteria specified in Article 94 of this Law and the following conditions may be selected and appointed as a judge of a people’s court; if being an in-service army officer, he/she may be selected and appointed as a judge of a court judge of a military court:

a/ Having been engaged in legal work for full 5 years or more; being capable of trying or settling cases and matters falling within the jurisdiction of his/her court in accordance with law;

b/ Having passed an examination for people’s court judge selection.

2. In a special case, a person who fully meets the criteria specified in Clauses 1, 3, 5 and 6, Article 94 of this Law may be appointed as a judge of a people’s court; if being an in-service army officer, he/she may be selected and appointed as a judge of a people’s court of a military court in the following cases:

a/ He/she has been engaged in legal work for full 10 years or more; being transferred by a competent agency/organization to hold a leading post of a district-level people’s court, or of a regional military court;  

b/ He/she has been engaged in legal work for full 15 years or more; being transferred by a competent agency/organization to hold a leading post of a provincial-level people’s court, a superior people’s court, a first-instance people’s tribunal, a military court of a military zone or the equivalent, or the Central Military Court.

Article 96. Criteria and conditions for appointment of judges of the Supreme People’s Court

1. A person who fully satisfies the criteria specified 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 aged full 45 years or older;

b/ Having worked in courts for full 20 years or more, including at least full 10 years of working as a judge of a people’s court. In a special case, his/her appointment may be decided by a competent authority but he/she must have worked as a judge of a people’s court for full 5 years or more;

c/ Being capable of trying or settling cases and matters and settling other matters falling within the jurisdiction of the Supreme People’s Court in accordance with law.

2. Persons who do not work in courts but have high reputation in society and fully satisfy the criteria specified in Clauses 1 and 6, Article 94 of this Law and fully satisfy the conditions specified at Points a and c, Clause 1 of this Article and have undergone required procedures may be selected and appointed as judges of the Supreme People’s Court when falling into one of the following cases:

a/ Being holders of important posts in central agencies or organizations and deeply knowledgeable about politics, law, economics, culture, social affairs, security, national defense, and foreign affairs;

b/ Being experts, lawyers, university lecturers or scientists with high expertise in law and holding important posts in agencies, political organizations, socio-political organizations, socio-political-professional organizations, or socio-professional organizations.

3. The number of judges of the Supreme People’s Court to be selected and appointment under Clause 2 of this Article must not exceed 2.

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 to the National Assembly for approval his/her proposals for appointment of judges of the Supreme People’s Court.

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 examination before being included in the agenda of the nearest session of the National Assembly.

3. The Justice Committee of the National Assembly shall examine requests submitted to the National Assembly for approval of proposals for appointment of judges of the Supreme People’s Court.

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

5. Pursuant to resolutions of the National Assembly, the President shall decide to appoint judges of the Supreme People’s Court.

6. Judges of the Supreme People’s Court shall take oaths of office under Article 89 of this Law.

Article 98. Procedures for proposing appointment or reappointment of judges of people’s courts

The Chief Justice of the Supreme People’s Court shall specify procedures for proposing appointment or reappointment of judges of people’s courts.

Article 99. The National Council for Examination for Selection of Judges of People’s Courts

1. The National Council for Examination for Selection of Judges of People’s Courts shall be composed of the Chief Justice of the Supreme People’s Court as its Chairperson, and 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 as its members.

The list of members of the National Council for Examination for Selection of Judges of People’s Courts shall be decided by the Chief Justice of the Supreme People’s Court.

2. The National Council for Examination for Selection of Judges of People’s Courts has the following duties and powers:

a/ To organize examinations for selection of judges of people’s courts;

b/ To announce the list of persons who have passed examinations for selection of judges of people’s courts.

3. The Operation Regulation of the National Council for Examination for Selection of Judges of People’s Courts and the Regulation on examinations for selection of judges of people’s courts shall be provided by the Chief Justice of the Supreme People’s Court.

Article 100. Term of office of judges

1. The term of office of judges of the Supreme People’s Court shall be counted from the time of appointment to the time of retirement or transfer to other working positions.

2. The term of office of judges of people’s courts who are appointed for the first time is 5 years from the date of appointment. The term of office of judges of people’s courts who are reappointed lasts until they retire or are transferred to other working positions.

3. For judges of people’s courts who are transferred to perform other duties in the court system, when being assigned again to work as judges of people’s courts, they are not required to take examinations for selection of judges of people’s courts and will be appointed to corresponding ranks. In this case, the term of office of judges of people’s courts lasts until they retire or are transferred to other working positions.

4. Judges who fail to fully satisfy the conditions for reappointment will be transferred to other appropriate working positions. When they fully satisfy the conditions for appointment of judges of people’s courts and wish to act as judges, they shall take examinations for selection of judges of people’s courts; in this case, their term of office shall be regarded as the first term of office.

Article 101. Entitlements and policies for judges   

Judges are entitled to:

1. Salaries and allowances as specified in Article 142 of this Law;

2. Being considered for enjoyment of entitlements and policies like invalids or for recognition as martyrs, and other law-specified entitlements and policies when they suffer life or health harms caused during their performance of official duties;

3. Training and further training for improvement of their professional qualifications;

4. Formal attires and judge’s identity cards for duty performance;

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

6. Other law-specified entitlements and policies.

Article 102. Protection of judges

1. Judges have their honor and prestige respected and are protected while performing official duties and in cases of necessity.

2. The following acts are prohibited:

a/ Threatening to harm or harming the life or health, or offending honor, dignity, prestige, or lawful rights and interests of judges and their relatives while judges are on official duty or for official-duty reasons;

b/ Obstructing judges from performing official duties;

c/ Affecting the independent trial and abidance only by law, impartiality and objective attitude of judges while performing official duties.

3. In case the honor or dignity of judges is offended while they are performing duties, judges and chief justices of courts employing the offended judges shall request the offending agencies, organizations and individuals to stop their offending acts and make public apologies. Such agencies, organizations and individuals shall immediately stop their violations.

4. In case the safety of judges or their relatives is threatened in relation to the duty performance by such judges, chief justices of courts employing the judges shall request competent public security agencies to take necessary measures to protect the safety of such judges or their relatives. The requested public security agencies shall consider the nature and severity of threatening acts in order to take appropriate protection measures.

5. Judges who have issued judgments and rulings that are later cancelled or modified shall take responsibility for such judgments and rulings only when they are personally at fault in accordance with law. The Chief Justice of the Supreme People’s Court shall detail this Clause.

6. Agencies, organizations and individuals that commit the acts specified in Clause 2 of this Article shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

7. The National Assembly Standing Committee shall provide the judge protection regime at the proposal of the Chief Justice of the Supreme People’s Court.

Article 103. Responsibilities of judges  

1. To be loyal to the Fatherland, abide by the Constitution and law, and resolve to safeguard justice.

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

3. To be independent in trial and abide only by law; to be impartial and objective in trial; to observe the code of conduct and professional ethics of judges, and preserve the reputation of courts.

4. To protect interests of the State, public interests, and lawful rights and interests of organizations and individuals.

5. To protect lawful rights and interests of the accused, defendants, victims, involved parties and other proceeding participants in accordance with law.

6. To keep state secrets and work secrets in accordance with law.

7. To learn, study and train themselves, accumulate experience for improvement of their legal knowledge, professional qualifications, adjudicating skills, ethical qualities, political and professional stance, and professionalism.

8. To participate in refresher courses for improvement of professional qualifications, adjudicating skills, relevant social knowledge, ethics, responsibilities and conduct under regulations of the Chief Justice of the Supreme People’s Court.

9. To be held responsible before law for the performance of their duties and exercise of their powers.

Article 104. Prohibited acts for judges

1. Acts that are prohibited by law for cadres and civil servants.

2. Violating the code of conduct and professional ethics of judges.

3. Providing consultancy to the accused, defendants, involved parties or other proceeding participants on cases and matters falling within their competence or participating in the settlement of such cases and matters.

4. Illegally interfering in the trial or settlement of cases and matters or taking advantage of their influence to influence persons responsible for trying or settling cases and matters.

5. Bringing case files or documents in case files out of the premises of their agencies, unless such is for the purpose of performing their assigned duties or approved by competent persons.

6. Receiving outside the designated places the accused, defendants, involved parties or other proceeding participants in cases and matters falling within their competence to try or settle.

7. Abusing or taking advantage of their powers; harassing, delaying, or causing difficulties or troubles to people, the accused, defendants, involved parties, other proceeding participants and proceeding-conducting persons.

8. Forcing or allusively asking the accused, defendants, involved parties, other proceeding participants and proceeding-conducting persons to provide documents, make statements or present facts in an unobjective or untruthful manner.

9. Violating regulations on control of powers and prevention and combat of corruption and negative practices.

10. Acting as lawyers, public notaries, bailiffs, arbitrators, mediators, legal aid providers, auctioneers or asset management officers; providing legal consultancy to commercial legal persons; or contributing capital to law firms, lawyers’ offices, public notary offices, bailiff offices or arbitration centers.

 Article 105. Information on violating judges

1. In case a judge of the Supreme People’s Court is held in custody for a crime caught in the act, the agency that has issued the custody decision shall immediately report such to the President and notify such to the Chief Justice of the Supreme People’s Court.

In case of arrest, detention or holding in custody of, initiation of a criminal case against, or search of the place of residence or workplace of, a judge of the Supreme People’s Court, the investigating body shall immediately report such to the President and notify such to the Chief Justice of the Supreme People’s Court.

2. In case a judge of a people’s court is held in custody for a crime caught in the act, the agency that has issued the custody decision shall immediately notify such to the Chief Justice of the Supreme People’s Court.

In case of arrest, detention or holding in custody of, initiation of a criminal case against, or search of the place of residence or workplace of, a judge of a people’s court, the investigating body shall immediately notify such to the Chief Justice of the Supreme People’s Court.

Article 106. Transfer, rotation and secondment of judges of people’s courts

1. The transfer of judges of people’s courts aims to enable courts to perform their adjudicating duty and other duties in accordance with law.

2. The rotation of judges of people’s courts who hold leading or managerial posts of courts aims to meet requirements of duties and personnel arrangement plans.

3. The secondment of judges of people’s courts aims to enable courts to perform their adjudicating duty and other duties in accordance with law. The term of office of a seconded judge of a people’s court must not exceed 3 years.

4. The transfer, rotation and secondment of judges of people’s courts must comply with the power delegation by the Chief Justice of the Supreme People’s Court.

The Chief Justice of the Supreme People’s Court shall provide the delegation of powers for the transfer, rotation and secondment of judges of people’s courts.

5. The transfer and rotation of judges of people’s courts at military courts shall be decided by the Minister of National Defense after reaching agreement with the Chief Justice of the Supreme People’s Court. The secondment of judges of people’s courts from one military court to another for definite-term duty performance shall be decided by the Minister of National Defense.

Article 107. Relief from duty of judges    

1. Judges shall be automatically relieved from duty when they retire, resign or shift to other working positions.

2. Judges may be relieved from duty due to their poor health, poor duty performance or other reasons.

3. Judges may be relieved from duty at their own will.

Article 108. Dismissal of judges        

1. Judges shall be automatically dismissed when they are convicted with legally effective judgments of courts or forced to resign.

2. Depending on the nature and severity of their violations, judges may be dismissed when:

a/ Committing violations in the trial or settlement of cases and matters falling within the jurisdiction of their courts;

b/ Violating Article 104 of this Law;

c/ Committing violations related to ethical qualities; or,

d/ Committing another illegal act.

Article 109. Procedures for relief from duty or dismissal of judges             

1.  The National Judge Selection and Supervision Council shall consider cases of relief from duty or dismissal of judges at the proposal of the Chief Justice of the Supreme People’s Court.

2. The relief from duty and dismissal of judges of the Supreme People’s Court shall be carried out according to the procedures specified in Clauses 1, 2, 3, 4 and 5, Article 97 of this Law.

3. Based on the proposal of the National Judge Selection and Supervision Council, the Chief Justice of the Supreme People’s Court shall propose the President to decide on relief from duty or dismissal of judges of people’s courts.

4. Procedures for proposing the relief from duty or dismissal of judges of people’s courts shall be specified by the Chief Justice of the Supreme People’s Court.

Article 110. Settlement of recommendations or complaints about the appointment, relief from duty, dismissal, commendation, disciplining, transfer, rotation or secondment of judges

1. The National Judge Selection and Supervision Council shall consider recommendations about the appointment, relief from duty, dismissal, commendation or disciplining of judges. For grounded recommendations about the appointment, relief from duty or dismissal of judges, the Council shall propose the Chief Justice of the Supreme People’s Court to submit them to the President for consideration and decision.

The Council shall propose competent agencies or persons to consider and settle grounded recommendations about commendation or disciplining of judges.

2. The Chief Justice of the Supreme People’s Court shall settle complaints about the transfer, rotation or secondment of judges of people’s courts in accordance with law.

Section 4

COURT EXAMINERS, COURT CLERKS

Article 111. Court examiners  

Court examiners are those who fully satisfy the criteria and conditions specified in this Law and are appointed by the Chief Justice of the Supreme People’s Court to perform the duty of examining files of cases and matters and other duties in accordance with this Law.

Article 112. Criteria for a 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 a bachelor or higher degree in law.

3. Being a civil servant of a court.

4. Having been professionally trained to act as court examiners or trained in adjudication.

5. Having been engaged in legal work 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 satisfies the criteria specified in Article 112 of this Law and falls into one of the following cases may be considered for appointment as a court examiner:

1. Having worked as a court clerk for full 3 years or more;

2. Having been engaged in legal work for full 3 years or more.

Article 114. Ranks of court examiners

1. Ranks of court examiners include:

a/ Examiner;

b/ Principal examiner;

c/ Senior examiner.

2. The Chief Justice of the Supreme People’s Court shall specify conditions for each rank of court examiners and rank promotion for court examiners.

3. The Chief Justice of the Supreme People’s Court shall specify the structure of proportion of court examiner ranks at courts.

Article 115. Duties and powers of court examiners

1. Court examiners have the following duties and powers:

a/ To study and propose the acceptance of written requests for trial according to cassation or reopening procedures;

b/ To study written requests, proposals or recommendations on trial according to cassation or reopening procedures; to examine files, documents and evidences of cases and matters for which court judgments and rulings have taken legal effect, and propose solutions;

c/ To check and appraise documents and evidences in accordance with law;

d/ To provide advices and perform duties in the execution of judgments falling within the jurisdiction of their courts;

dd/ To study legally effective judgments and rulings in order to propose the selection and development of court precedents;

e/ To advise on the overall review of trial practices and assurance of the uniform application of law in trial;

g/ To perform other duties and exercise other powers in accordance with law.

2. Court examiners shall perform the duties and exercise the powers specified in Clause 1 of this Article and other duties and powers as assigned by chief justices of their courts.

3. Court examiners shall be held responsible before law and answerable to chief justices of their courts for the performance of their duties and the exercise of their powers.

Article 116. Court clerks

Court clerks are those who fully satisfy the criteria and conditions specified in this Law and are appointed by the Chief Justice of the Supreme People’s Court to carry out procedures and perform administrative and judicial duties and other duties in accordance with this Law.

Article 117. Criteria and conditions for appointment of court clerks

A Vietnamese citizen who fully satisfies the following criteria and conditions may be considered for appointment as a court clerk:

1. Possessing a bachelor or higher degree in law.

2. Being recruited to work as a civil servant of a court.

3. Having been professionally trained to work as a court clerk.

Article 118. Ranks of court clerks

Ranks of court clerks include:

a/ Clerk;

b/ Principal clerk;

c/ Senior clerk.

2. The Chief Justice of the Supreme People’s Court shall specify conditions for each rank of court clerks and rank promotion for court clerks.

3. The Chief Justice of the Supreme People’s Court shall specify the structure of proportion of ranks of court clerks at courts.

Article 119. Duties and powers of court clerks

1. Court clerks have the following duties and powers:

a/ To act as clerks for court hearings and conduct proceedings in accordance with law;

b/ To perform administrative and judicial duties and perform other duties and exercise other powers as assigned by chief justices of their courts;

c/ To perform other duties and exercise other powers in accordance with law.

2. Court clerks shall be held responsible before law and answerable to chief justices of their courts for the performance of their duties and exercise of their powers.

Article 120. Entitlements and policies for court examiners and court clerks

Court examiners and court clerks are entitled to:

1. Salaries and allowances specified in Article 142 of this Law;

2. Official attires and judicial title holder certificates for duty performance;

3. Training and further training for improvement of their professional qualifications;

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

Chapter VI

ASSESSORS

Article 121. Assessors

1. Assessors are the People’s representatives participating in adjudication at courts.

2. Assessors include:

a/ People’s assessors;

b/ Servicemen’s assessors.

Article 122. Criteria for assessors

1. A person to be elected or nominated to act as assessor must fully satisfy the following criteria:

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

b/ Being aged between full 28 years and 70 years;

c/ Having legal knowledge;

d/ Having social knowledge;

dd/ Being physically fit to fulfill assigned duties;

e/ Not currently serving decisions on disciplinary actions in the form of reprimand, warning, salary reduction or demotion; not being subject to disciplinary actions in the form of removal from office, dismissal or forced resignation;

g/ Neither being criminally handled nor having been convicted by a court with a legally effective judgment;

 h/ Not having been removed from office as an assessor.

2. A person to be elected to act as assessor in a first-instance people’s tribunal must fully satisfy the following criteria:

a/ The criteria specified in Clause 1 of this Article;

b/ Having professional knowledge and working experience in the fields falling under the jurisdiction of the first-instance people’s tribunal.

Article 123. Persons who may not act as assessors

1. Persons who are currently holding judicial titles, civil servants, public employees and workers in courts, procuracies, public security agencies, judgment enforcement agencies and agencies assigned to conduct a number of investigating activities as specified by law.

2. Lawyers.

3. Notaries.

4. Bailiffs.

5. Legal aid providers.

Article 124. Election or nomination of assessors

1. The election of people’s assessors is applicable to assessors in provincial-level people’s courts, district-level people’s courts, and first-instance people’s tribunals.

2. The nomination of servicemen’s assessors is applicable to assessors in military courts of military zones and the equivalent, and regional military courts.

Article 125. Duties and powers of assessors

1. People’s assessors shall perform the duty of adjudicating cases falling under the jurisdiction of people’s courts as assigned by chief justices of courts where they are elected; or as assigned by chief justices of first-instance people’s tribunals, for assessors in first-instance people’s tribunals.

2. Servicemen’s assessors shall perform the duty of adjudicating cases falling under the jurisdiction of military courts as assigned by chief justices of courts where they are nominated.

3. Assessors shall perform duties assigned by chief justices. If failing to do so, they shall clearly state reasons.

4. Assessors who have not been assigned by chief justices to perform the adjudicating duty for 6 working months may request the latter to notify reasons.

5. In trial, assessors shall perform their duties and exercise their powers in accordance with law.

Article 126. Responsibilities of assessors

1. To be loyal to the Fatherland and exemplary in abiding by the Constitution and law.

2. To participate in trial as assigned by chief justices, unless they have plausible reasons for refusal to do so or otherwise specified by the procedural law.

3. To conduct trial in an independent manner and abide only by law; to be impartial and objective in trial, contributing to safeguarding justice, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful and legitimate rights and interests of organizations and individuals.

4. To respect, and submit to supervision by, the People.

5. To protect state secrets and work secrets in accordance with law.

6. To actively learn to improve their legal knowledge and adjudicating skills; to participate in court hearings for drawing experience and conferences for reviewing the adjudicating work of their courts.

7. To observe internal rules and regulations of their courts.

8. To be held responsible before law for the performance of their duties and exercise of their powers.

If assessors cause damage while performing their duties or exercising their powers, the courts where they perform the adjudicating duty shall pay compensation for damage and the assessors shall pay indemnities to their courts in accordance with law.

Article 127. Procedures for election, nomination, relief from duty or removal from office of assessors

1. A provincial-level or district-level people’s court shall propose its needs in terms of number and composition of assessors to the same-level Vietnam Fatherland Front Committee, requesting the latter to select and recommend persons who fully satisfy the criteria specified in Clause 1, Article 122 of this Law for being elected as people’s assessors by the competent People’s Council in accordance with law.

The composition of people’s assessors must ensure a reasonable structure, meeting the requirements of adjudicating cases falling under the jurisdiction of their courts, and practical conditions and characteristics of each locality. The number of persons proposed to be elected as people’s assessors must be larger than the required number.

Chief justices of people’s courts at all levels shall, after reaching agreement with same-level Vietnam Fatherland Front Committees, propose competent People’s Councils to relieve from duty or remove from office people’s assessors in accordance with law.

2. A first-instance people’s tribunal shall propose its needs for assessors and a list of assessors; request the provincial-level Vietnam Father Front Committee to select and recommend, within its territorial jurisdiction, persons who fully satisfy the criteria specified in Clause 2, Article 122 of this Law for being elected as assessors participating in trial at the first-instance people’s tribunal by the provincial-level People’s Council of this locality. The number of persons proposed to be elected as people’s assessors must be larger than the required number.

The chief justice of the first-instance people’s tribunal shall, after reaching agreement with the provincial-level Vietnam Fatherland Front Committee within its territorial jurisdiction, request the People’s Council to relieve from duty or remove from office assessors at the first-instance people’s tribunal.

3. Servicemen’s assessors of a military court of a military zone or the equivalent shall be nominated by the Director of the General Department of Politics of the Vietnam People’s Army after being recommended by the political office of the military zone, army corps, general department or the equivalent.

After reaching agreement with the political office of the military zone, army corp, general department or the equivalent, the chief justice of the military court of the military zone or the equivalent shall propose the Director of the General Department of Politics of the Vietnam People’s Army to relieve from duty or remove from office servicemen’s assessors of the military courts of the military zone or the equivalent.

4. Servicemen’s assessors of a regional military court shall be nominated by the political commissar of the military zone, army corps, general department or the equivalent after being 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 corps, general department or the equivalent to relieve from duty or remove from office servicemen’s assessors of the regional military court.

Article 128. Term of office of assessors

1. The term of office of people’s assessors of people’s courts, provincial-level or district-level people’s courts, and first-instance people’s tribunals is the same as that of the People’s Council that has elected the assessors.

Upon the expiration of the term of office of the People’s Council, incumbent people’s assessors shall continue to perform their duties until the People’s Council of the new term of office elects new people’s assessors.

2. The term of office of servicemen’s assessors is 5 years from the date of nomination.

Article 129. Relief from duty or removal from office of assessors

1. Assessors may be relieved from duty due to poor health, of their own free will or for other plausible reasons.

2. Assessors shall be removed from office for their violations of regulations on ethical qualities or other violations that make them no longer ethically qualified for acting as assessors.

Article 130. Entitlements and policies for assessors      

1. Assessors are entitled to professional training and further training courses, and may participate in conferences for reviewing the adjudicating work of their courts.

The Supreme People’s Court shall formulate programs, plans and documents on professional training and further training for assessors nationwide; and organize thematic training and further training courses on a regular basis for assessors in accordance with law and practical demands.

2. For assessors that are cadres, civil servants, public employees, in-service servicemen or national defense workers, the period of working as assessors shall be counted as their working time at their agencies or units. When participating in operation of courts, assessors may have their related expenses paid in accordance with law.

3. Assessors shall be honored and commended in accordance with the law on emulation and commendation and regulations of the Supreme People’s Court.

4. Allowances for assessors participating in trial are specified by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

5. Assessors shall be provided with official attires to perform the adjudicating duty. Model formal attires of assessors shall be specified by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court. The provision and use of model formal attires of assessors shall be specified by the Chief Justice of the Supreme People’s Court.

Article 131. Juries

1. Assessors shall be organized into juries.

2. The Central Committee of the Vietnam Fatherland Front shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, Ministry of National Defense and Supreme People’s Court in, submitting to the National Assembly Standing Committee for promulgation regulations on organization and operation of juries.

Article 132. Responsibilities of agencies, organizations and military units toward assessors

1. Agencies, organizations and military units that have persons elected or nominated as assessors shall create conditions for these assessors to perform their duties.

2. When assessors perform their duties as assigned by chief justices, agencies, organizations and military units managing such assessors may neither transfer nor assign them to perform other jobs, except special cases in which such transfer or assignment shall be notified to chief justices of their courts.

Article 133. Assurance of operating conditions for assessors and juries

1. Courts shall ensure equipment and working offices for assessors to perform their adjudicating duty.

2. Funds as support for juries’ operation, allowances for heads and deputy heads of juries; funds for professional training and further training of assessors shall be covered by the state budget and included in operating funds of courts.

Based on practical conditions of each locality, the same-level People’s Council shall consider and decide on provision of support in operating funds for juries and funds for professional training and further training for assessors.

3. Assessors shall be granted assessor identity cards to perform their adjudicating duty. Model assessor identity cards and the use, grant, renewal and revocation thereof shall be specified by the Chief Justice of the Supreme People’s Court.

4. Assessors shall be protected while performing their adjudicating duty. Acts of obstructing, intimidating, infringing upon the life or health, offending the honor, dignity or prestige of assessors and their relatives are prohibited. Persons committing such acts shall be handled in accordance with law.

Article 134. Commendation, and handling of violations for assessors

1. Assessors that record achievements in adjudicating work shall be commended in accordance with the law on emulation and commendation and regulation of the Supreme People’s Court.

2. Assessors that commit illegal acts shall, depending on the nature and severity of their violations, be removed from office or examined for penal liability in accordance with law.

Chapter VII

ORGANIZATION OF TRIALS

Article 135. Random selection of judges and assessors participating in trial

Chief justices of courts where judges and assessors perform their duties shall decide to assign judges and assessors to try or settle cases and matters, adhering to the principles of impartiality, objectiveness and randomness in accordance with law and regulations of the Supreme People’s Court.

Article 136. Methods of organization of trials at courts

1. Trials at court may be organized offline or online.

2. An offline trial is a trial held in a courtroom in which proceeding-conducting persons, defendants, victims, involved parties and other proceeding participants are present in the courtroom to participate in the trial.

3. An online trial is a trial held in a courtroom with the use of electronic devices connected to each other in the cyber environment, allowing defendants, victims, involved parties and other proceeding participants to participate in the trial from locations outside the courtrooms as decided by the court while still ensuring the direct monitoring of images, sounds, and the participation in the procedures of the trial by speech and continuous and public procedural acts at the same time.

The organization of online trials must comply with law, ensuring cyberinformation security, physical and technical conditions, and the solemnity of the trials.

4. Conditions for organizing online trials are specified by law; the order and procedures for proceedings at online trials are specified by law.

Article 137. Courtrooms

1. Courtroom is a space for organizing trial of criminal cases and administrative cases; for trial or settlement of civil cases and matters, bankruptcy cases and matters, and for consideration of and decision on the application of administrative handling measures by courts.

2. Courtrooms include courtrooms for cassation and reopening trials; and courtrooms for first-instance trials and appellate trials.

3. Courtrooms for first-instance trials and appellate trials include:

a/ Courtrooms for trial of criminal cases;

b/ Courtrooms for trial of administrative and civil cases, settlement of civil matters, bankruptcy cases and matters and consideration of and decision on the application of administrative handling measures;

c/ Courtrooms for trial or settlement of cases and matters falling within the jurisdiction of the family and juvenile tribunals.

4. Courtrooms must be solemnly arranged, satisfying requirements for trial or settlement of different types of cases and matters, ensuring security and order of court hearings.

Courtrooms for trial of cases or settlement of cases and matters falling within the jurisdiction of the family and juvenile tribunals must be arranged in a friendly manner, ensuring the best interests of minors.

5. Courtrooms must have the National Emblem of the Socialist Republic of Vietnam; arrange positions for the trial panel, the judge chairing court hearings or meetings, other proceeding-conducting persons, and proceeding participants, and equipment serving the trial or settlement of cases and matters.

6. Technical regulations of equipment and methods of arrangement of courtrooms of courts shall be specified by the Chief Justice of the Supreme People’s Court.

Article 138. Mediation and dialogue rooms

1. Mediation and dialogue rooms is a space for organizing mediation and dialogues at court as specified by the Law on Mediation and Dialogues at Court, the Civil Procedure Code, and the Administrative Procedure Law.

2. Mediation and dialogue rooms must be equipped with devices and equipment to serve mediation and dialogue activities at courts.

3. Technical regulations of equipment and methods of arrangement of mediation and dialogue rooms at courts are specified by the Chief Justice of the Supreme People’s Court.

Article 139. Internal rules of court hearings and meetings

1. Internal rules of court hearings and meetings (below referred to as internal rules of court hearings) are general codes of conduct that are mandatory for those present at court hearings and meetings, issued by the Chief Justice of the Supreme People’s Court in accordance with law and shall be implemented to maintain security, order and solemnity of courts.

2. Judges chairing court hearings and meetings shall maintain order in courtrooms and mediation and dialogue rooms in accordance with internal rules of court hearings.

3. Judges chairing court hearings and meetings have the right to prohibit persons from entering in or force persons to leave courtrooms and mediation and dialogue rooms, for persons who violate internal rules of court hearings which are likely to affect the solemnity, security and order of courtrooms and mediation and dialogue rooms; issue decisions on sanctioning of administrative violations or administrative custody, or request or recommend competent agencies to institute criminal cases in accordance with law.

4. Depending on the nature and severity of their violations, persons who violate internal rules of court hearings may be prohibited from entering in or forced to leave courtrooms or mediation and dialogue rooms, be subject to administrative sanctions or administrative custody or be examined for penal liability in accordance with law.

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

Article 140. Court protection

1. Eligible for protection at court are:

a/ Courthouses;

b/ Court hearings and meetings for trial or settlement of cases and matters;

c/ Files, documents and evidences of cases and matters;

d/ Trial panels, judges and other judicial title holders.

2. The protection of the above subjects must ensure safety, security, order, civilization and solemnity of courts.

3. People’s courthouses shall be guarded by security forces in accordance with law. Funds and conditions for operation of security forces of courts shall be covered by the state budget.

4. Court hearings for criminal cases shall be protected by people’s police and people’s army forces. Court hearings and meetings for trial or settlement of other cases and matters that affect security and order shall be protected by the people’s police force at the request of courts.

5. Trial panels, judges and other judicial title holders shall be protected by the people’s police force during the trial or settlement of cases and matters at the request of courts.

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

Article 141. Participation in and information activities at court hearings and meetings

1. Persons aged full 16 years or older may attend public court hearings in accordance with law. Persons aged under 16 years may not enter courtrooms, unless they are summoned by courts to attend court hearings.

2. Persons attending court hearings and meetings shall comply with law and internal rules of court hearings.

3. Recording of speeches and images at court hearings and meetings, except the cases specified in Clause 4 of this Article, shall be carried out as follows:

a/ Recording of speeches shall be carried out during court hearings and meetings;

b/ Recording of images at court hearings and meetings may only be carried out during the time of opening of court hearings and meetings and pronouncement of judgments and announcement of rulings;

c/ Recording of speeches and images of trial panels and judges under Points a and b of this Clause must obtain the consent of judges chairing court hearings and meetings. In case of recording speeches and images of other proceeding-conducting persons and court hearing and meeting participants, it is mandatory to obtain the consent of such persons and judges chairing court hearings and meetings.

4. Courts shall record speeches and images of developments of court hearings and meetings when necessary to serve the performance of professional duties. The use and provision of recorded speeches and images of developments of court hearings and meetings shall be carried out in accordance with law.

The Chief Justice of the Supreme People’s Court shall detail this Clause.

5. Court hearing and meeting participants may not broadcast live or livestream such court hearings and meetings, provide false information or any information affecting the independence, abidance only by law, impartiality and objectiveness in the trial or settlement of cases and matters; may not infringe upon human rights of defendants, victims, involved parties and other proceeding participants in cases and matters; and may not violate confidentiality regulations.

Chapter VIII

ASSURANCE OF OPERATION OF PEOPLE’S COURTS

Article 142. Salaries and allowances

1. The State shall adopt preferential policies on salaries and allowances for judges, court examiners and court clerks.

2. Salaries and allowances for judges, court examiners and court clerks shall be specified by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

3. Salaries and allowances for other civil servants, public employees and workers of courts must comply with law.

4. Civil servants and public employees of courts that are transferred, rotated or seconded at/from courts enjoy entitlements and policies in accordance with law.

Article 143. Formal attires, judge identity cards and judicial title holder certificates

1. Model formal attires of judges shall be specified by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

Model formal attires of court examiners and court clerks shall be specified by the Chief Justice of the Supreme People’s Court.

The allocation and use of formal attires shall be specified by the Chief Justice of the Supreme People’s Court.

2. Model judge identity cards, and the use, grant, renewal and revocation of judge identity cards shall be specified by the Chief Justice of the Supreme People’s Court.

3. Model judicial title holder certificates, and the use, grant, renewal and revocation of judicial title holder certificates for court examiners and court clerks shall be specified by the Chief Justice of the Supreme People’s Court.

4. Professional attires of judges of people’s courts, servicemen’s assessors, court examiners and court clerks of military courts shall be specified by the Minister of National Defense after reaching agreement with the Chief Justice of the Supreme People’s Court.

Article 144. Training and further training

1. Judges, court examiners, court clerks, other civil servants, public employees and workers of courts, assessors, mediators and other title holders related to court operation may receiving training and further training under regulations.

2. The Chief Justice of the Supreme People’s Court shall specify training and further training regimes in people’s courts.

3. The State shall ensure funds for training and further training of courts in accordance with law.

Article 145. Entitlements and policies for other civil servants, public employees and workers of courts

Other civil servants, public employees and workers of courts shall be provided with formal attires and enjoy entitlements and policies in accordance with law.

Article 146. Number of judges and state payrolls of courts

1. The number of judges of the Supreme People’s Court must comply with Clause 1, Article 48 of this Law.

2. The total state payrolls of people’s courts and military courts shall be decided by competent authorities at the proposal of the Chief Justice of the Supreme People’s Court.

3. The number of judges of people’s courts and structure of judge ranks of people’s courts at each level of people’s courts shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court after consulting the Government.

4. The number of judges of people’s courts and structure of judge ranks of people’s courts at each level of military courts shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

5. Based on the total state payrolls, number of judges and structure of judge ranks of people’s courts at each level of courts, the Chief Justice of the Supreme People’s Court shall:

a/ Allocate state payrolls and numbers of judges of people’s courts in people’s courts;

b/ Allocate state payrolls and numbers of judges of people’s courts in military courts after reaching agreement with the Minister of National Defense.

6. The allocation of state payrolls and number of judges of people’s courts must be based on working positions, functions and duties of courts; population size, natural area, socio-economic development, and the situation of disputes, violations and crimes in localities under the jurisdiction of courts.

Article 147. Operating funds and physical foundations of courts  

1. Operating funds of courts at all levels shall be covered by the state budget.

2. Operating funds of courts at Points a, b, c, d and dd, Clause 1, Article 4 of this Law shall be specified by the Government after reaching agreement with the Supreme People’s Court for submission to the National Assembly for decision. In case the Government and Supreme People’s Court cannot reach agreement on estimates of operating funds of courts, the Chief Justice of the Supreme People’s Court shall propose them to the National Assembly for consideration and decision.

3. For operating funds of military courts, the Ministry of National Defense shall coordinate with the Supreme People’s Court in making fund estimates and proposing them to the Government for submission to the National Assembly for decision.

4. The management, allocation, provision and use of operating funds of courts must comply with law.

5. The State shall prioritize the investment in physical foundations and the development of information technology for people’s courts.

Article 148. Development of e-courts

Courts shall develop and operate e-courts so as to improve the operation effectiveness and efficiency; and increase publicity and transparency in their operation.

Article 149. Commendation, and handling of violations

1. Judges, court examiners, court clerks, other civil servants, public employees, and workers of people’s courts who record achievements in their work may be commended in accordance with the law on emulation and commendation and regulations of the Supreme People’s Court.

Judges, court examiners, court clerks, other civil servants and servicemen of military courts who record achievements in their work may be commended in accordance with the law on emulation and commendation and regulations of the Supreme People’s Court and the Ministry of National Defense.

2. Judges, court examiners, court clerks, other civil servants, public employees, and workers of people’s courts who commits violations of law or internal rules shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Judges, court examiners, court clerks, other civil servants and other servicemen of military courts who commits violations of law or internal rules shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 150. To amend, supplement or annul a number of articles of relevant laws

1. To amend and supplement a number of articles of Criminal Procedure Code No. 101/2015/QH13, which had a number of articles amended and supplemented under Law No. 02/2021/QH15, as follows:

a/ To amend Clause 4, Article 153 as follows:

“4. A trial panel may request a procuracy to initiate a criminal case if it detects, through the trial at a court hearing, any offense left unpunished.”;

b/ To amend and supplement Clause 2, Article 154 as follows:

“2. Within 24 hours after issuing a decision to initiate a criminal case, a procuracy shall send it to a competent investigating body for investigation.

Within 24 hours after issuing a decision to initiate a criminal case, an investigating body or a body assigned to carry out a number of investigating activities shall send it together with relevant documents to a competent procuracy for supervision of the criminal case initiation.”;

c/ To annul Point c, Clause 1, Article 161;

d/ To annul Clause 7, Article 326;

dd/ To amend and supplement Clause 3, Article 467 as follows:

“3. If the act of a violator of internal rules of a court hearing shows signs of a crime, the court shall request or propose the initiation of a criminal case in accordance with this Code.”.

2. To amend and supplement a number of articles of Civil Procedure Code No. 92/2015/QH13, which had a number of articles amended and supplemented under Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15 and Law No. 19/ 2023/QH15, as follows:

a/ To annul Clause 4, Article 234;

b/ To amend and supplement Clause 3, Article 491 as follows:

“3. In case a violator of internal rules of a court hearing shows signs of a crime, the court shall request or propose the initiation of a criminal case in accordance with the Criminal Procedure Code.”;

c/ To annul Article 497.

3. To amend and supplement a number of articles of Law No. 93/2015/QH13 on Administrative Procedures, which had a number of articles amended and supplemented under Law No. 55/2019/QH14, as follows:

a/ To annul Clause 4, Article 153;

b/ To amend and supplement Clause 3, Article 316 as follows:

“3. In case a violator of internal rules of a court hearing shows signs of a crime, the court shall request or propose the initiation of a criminal case in accordance with the Criminal Procedure Code.”;

c/ To annul Article 321.

4. To amend and supplement Point a, Clause 2, Article 19 of Law No. 77/2015/QH13 on Organization of Local Administration, which had a number of articles amended and supplemented under Law No. 21/2017/QH14, Law No. 47/2019/QH14, Resolution No. 96/2023/QH15 and Law No. 31/2024/QH15, as follows:

“a/ To elect, relieve from duty or remove from office chairpersons and vice chairpersons of provincial-level People’s Councils, heads and deputy heads of Boards of provincial-level People’s Councils; to elect, relieve from duty or remove from office chairpersons, vice chairpersons and members of provincial-level People’s Committees; to elect, relieve from duty or remove from office assessors of provincial-level people’s courts and first-instance people’s tribunals;”.

Article 151. Effect

1. This Law takes effect on January 1, 2025.

2. Law No. 62/2014/QH13 on Organization of People’s Courts ceases to be effective on the effective date of this Law, except the cases specified in Clauses 1 and 2, Article 152 of this Law.

Article 152. Transitional provisions

1. In case dossiers of application for taking examinations for appointment to court clerk rank, court clerk or court examiner rank promotion, or dossiers of application for transfer to court examiners are received before the effective date of this Law, the consideration, appointment, promotion and transfer of such ranks may continue to be carried out under Law No. 62/2014/QH13 on Organization of People’s Courts.

2. From the effective date of this Law, in case the number of members of the judicial committee of a military court of a military zone or the equivalent exceeds 5, the members of the judicial committee may continue to perform their duties until they resign from work so as to ensure the number of members of the judicial committee in accordance with this Law.

3. Senior judges, intermediate-level judges and primary-level judges may become judges of people’s courts in accordance with this Law.

The Chief Justice of the Supreme People’s Court shall decide on the grading of judges of people’s courts under the National Assembly Standing Committee’s regulations on judge grades.

4. From the effective date of this Law, the term of office of judges appointed under Law No. 62/2014/QH13 on Organization of People’s Courts is as follows:

a/ The term of office of judges of the Supreme People’s Courts appointed under Law No. 62/2014/QH13 on Organization of People’s Courts must comply with this Law;

b/ Senior judges, intermediate-level judges and primary-level judges appointed for the first time under Law No. 62/2014/QH13 on Organization of People’s Courts may continue to perform their duties until the end of their term of office; their reappointment and term of office after reappointment must comply with this Law;

c/ The term of office of senior judges, intermediate-level judges and primary-level judges reappointed under Law No. 62/2014/QH13 on Organization of People’s Courts shall be counted until they retire or are transferred to other working positions.

5. Courts may continue to exercise the jurisdiction to conduct first-instance trial of administrative cases, first-instance trial or settlement of intellectual property cases and matters, and settlement of bankruptcy cases and matters in accordance with the procedural law and bankruptcy law until first-instance people’s tribunals are established and operate in accordance with law.

This Law was passed on June 24, 2024 by the 15^th National Assembly of the Socialist Republic of Vietnam at its 7^th session.-

Chairman of the National Assembly
TRAN THANH MAN