Chương VIII Hiến pháp 2013: Tòa án nhân dân, viện kiểm sát nhân dân

Chapter VIII

THE PEOPLE’S COURTS AND THE PEOPLE’S PROCURACIES

Article 102

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

2. The People’s Courts include the Supreme People’s Court and other Courts prescribed by a law.

3. The People’s Courts have the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals.

Article 103

1. Except in the case of trial by summary procedure, Assessors shall participate in first-instance trials by the People's Courts.

2. During a trial, the Judges and Assessors are independent and shall obey only the law. Agencies, organizations or individuals are prohibited from interfering in a trial by Judges and Assessors.

3. The People’s Courts shall hold their hearings in public. In a special case which requires protection of state secrets, conformity with the fine customs and traditions of the nation, protection of minors or protection of private life and at the legitimate request of an involved party, the People’s Court may hold a closed hearing.

4. Except in the case of a trial by summary procedure, the People’s Courts shall try cases on a collegial basis and make decisions by a vote of the majority.

5. The adversarial principle shall be guaranteed in trials.

6. The first-instance and appellate hearing system shall be guaranteed.

7. The right of the accused or defendants to a defense, and the right of involved parties to protect their lawful interests, shall be guaranteed.

Article 104

1. The Supreme People’s Court is the highest judicial body of the Socialist Republic of Vietnam.

2. The Supreme People’s Court shall supervise the judicial work of other Courts, unless otherwise prescribed by a law.

3. The Supreme People’s Court shall make overall assessment of adjudicating practices, ensuring the uniform application of law in trial.

Article 105

1. The term of office of the Chief Justice of the Supreme People’s Court follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Justices of other Courts shall be prescribed by a law.

2. The Chief Justice of the Supreme People’s Court is responsible, and shall report on his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President.

The reporting regime applicable to the Chief Justices of other Courts shall be prescribed by a law.

3. The appointment, approval, relief from duty, dismissal, and term of office of Judges, and the election and term of office of Assessors, shall be prescribed by a law.

Article 106

The judgments and decisions of the People’s Courts which have taken legal effect must be respected by agencies, organizations and individuals and must be strictly observed by the concerned agencies, organizations or individuals.

Article 107

1. The People’s Procuracies shall exercise the power to prosecute and supervise judicial activities.

2. The People’s Procuracies include the Supreme People’s Procuracy and other Procuracies as prescribed by a law.

3. The People’s Procuracies have the duty to safeguard the law, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals, thus contributing to ensuring the strict and unified observance of the law.

Article 108

1. The term of office of the Procurator General of the Supreme People’s Procuracy follows the term of the National Assembly. The appointment, relief from duty, dismissal, and term of office of the Chief Procurators of other Procuracies and of Procurators shall be prescribed by a law.

2. The Procurator General of the Supreme People’s Procuracy is responsible, and shall report on his or her work, to the National Assembly.

When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly and the President. The reporting regime applicable to the Chief Procurators of other Procuracies shall be prescribed by a law.

Article 109

1. The People’s Procuracies shall be led by their Chief Procurators. The Chief Procurator of a People’s Procuracy is subject to the leadership of the Chief Procurator of the People’s Procuracy at a higher level. The Chief Procurators of Procuracies at lower levels are subject to the unified leadership of the Procurator General of the Supreme People’s Procuracy.

2. When exercising the power to prosecute or to supervise judicial activities, a Procurator shall abide by the law and is subject to the direction by the Chief Procurator of the People’s Procuracy.