Resolution 33/2021/QH15 on organization of remote court hearings

RESOLUTION

On organization of remote court hearings^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Criminal Procedure Code No. 101/2015/QH13;

Pursuant to Civil Procedure Code No. 92/2015/QH13;

Pursuant to Law No. 93/2015/QH13 on Administrative Procedures, which had a number of articles amended and supplemented under Law No. 55/2019/QH14;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which had a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Remote court hearings

1. People’s courts may hold remote court hearings for first-instance or appellate adjudication of criminal, civil or administrative cases with simple circumstances and nature, clear documents and evidence in case files, except:

a/ Criminal, civil or administrative cases relating to state secrets;

b/ Criminal cases involving one of the offences infringing upon the national security specified in Chapter XIII of the Penal Code;

c/ Criminal cases involving one of the offenses undermining peace, against humanity, and war crimes specified in Chapter XXVI of the Penal Code.

2. Remote court hearing means a court hearing held in a courtroom where electronic devices inter-connected via the cyber environment are used, allowing defendants, victims, involved parties and other proceeding participants to participate in the court hearing from places other than the courtroom as ruled by the court, provided that they can fully monitor images and sounds and participate in all procedural activities and proceedings at the court hearing by means of speech or by their procedural acts in an uninterrupted and public manner at the same time.

3. The holding of remote court hearings must comply with relevant regulations; ensure cyberinformation security, physical and technical foundation conditions and the formality of the court hearings.

Article 2. Effect

This Resolution takes effect on January 1, 2022.

Article 3. Organization of implementation

1. The Chief Justice of the Supreme People’s Court shall, within the ambit of his/her competence, promulgate, or assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Minister of National Defense and heads of other related agencies in, promulgating documents detailing and guiding the implementation of this Resolution.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their tasks and powers, organize the implementation of this Resolution. The Supreme People’s Court shall include the content on the implementation of this Resolution in its annual work reports to the National Assembly.

3. The Standing Committee, the Committee on Judicial Affairs, the Ethnic Council, and other Committees of the National Assembly, delegations of National Assembly deputies, National Assembly deputies, People’s Councils at all levels, the Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

This Resolution was adopted on November 12, 2021, by the XV^th National Assembly of the Socialist Republic of Vietnam, at its 2^nd session.-

Chairman of the National Assembly
VUONG DINH HUE