Chapter I
GENERAL PROVISIONS
Article 1.- The Supreme People’s Court, the local People’s Courts, the military courts and other law-prescribed courts are adjudicating bodies of the Socialist Republic of Vietnam.
The courts adjudicate criminal, civil, marriage and family, labor, economic and administrative cases and settle other matters as prescribed by law.
Within the scope of their functions, the courts have the task to protect the socialist legislation; to protect the socialist regime and the people’s mastery; to protect the property of the State and collectives; to protect the lives, property, freedom, honor and dignity of citizens.
Through their activities, the courts shall contribute to educating citizens in the loyalty to the Fatherland, the strict observance of law, the respect for social conducts and the sense of struggle to prevent and combat crimes and other law offenses.
Article 2.- There are in the Socialist Republic of Vietnam the following courts:
1. The Supreme People’s Court;
2. The People’s Courts of the provinces and centrally-run cities;
3. The People’s Courts of the rural districts, urban districts, provincial capitals and provincial cities;
4. The military courts;
5. Other courts prescribed by law.
In special circumstances, the National Assembly may decide to set up the special tribunals.
Article 3.- The regime of appointing judges shall apply to courts of all levels.
The regime of electing people’s jurors shall apply to local People’s Courts. The regime of appointing army men’s jurors shall apply to the military courts of military regions and the equivalent, the regional military courts.
Article 4.- The trials by the People’s Courts shall be participated by the people’s jurors and the trials by the military courts shall be participated by the army men’s jurors as provided for by the procedural law. In adjudication, the jurors are equal in right to the judges.
Article 5.- In trials, judges and jurors are independent from each other and only abide by laws.
Article 6.- The courts adjudicate collectively and make decisions by majority.
The composition of the Trial Council of each adjudicating level shall be provided by the procedural law.
Article 7.- The courts shall conduct public trials, except for case of necessity to conduct secret trials in order to keep the State secrets, preserve the nation’s fine traditions and customs or to keep secrets of the involved parties at their legitimate requests.
Article 8.- The courts conduct trials according to the principle that all citizens are equal before law, regardless of their sex, nationality, belief, religion, social class, social position; individuals, agencies, organizations, people’s armed force units and production as well as business establishments of all economic sectors are all equal before law.
Article 9.- The courts shall ensure the right to defense of the defendants as well as the legitimate rights and interests of the involved parties.
Article 10.- The courts shall ensure that the persons involved in legal proceedings have the right to use their own nationalities speech and scripts before courts.
Article 11.-
1. The courts shall implement the two-level trial regime.
First-instance judgements and/or rulings of courts may be appealed and/or protested against according to the provisions of procedural law.
The first-instance judgements and/or decisions, which are not appealed and/or protested against within the law-prescribed time limits shall take legal effect. For first-instance judgements and/or decisions, which are appealed and/or protested against, the cases must be brought to appellate trials. The appellate judgements and/or decisions shall take legal effect.
2. For already effective judgements and/or rulings of courts, where law violations or new circumstances are discovered, they shall be re-considered in the supervisory or review order prescribed by the procedural law.
Article 12.- The already effective judgements and decisions of courts must be respected by all State bodies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people�s armed force units and people.
Individuals, agencies and organizations, that are obliged to execute judgements and decisions of courts, must strictly execute them.
Within the scope of their respective functions, the People’s Courts and agencies as well as organizations which are assigned the task to enforce the courts judgements and decisions must strictly enforce them and take responsibility before law for the performance of such task.
Article 13.- In case of necessity, in addition to their judgements and decisions, the courts shall make proposals requesting the concerned agencies and/or organizations to apply measures to do away with the causes and conditions for the commission of crimes or law offenses in such agencies and/or organizations. The agencies and/or organizations which receive the proposals shall have to study the implementation thereof and shall, within 30 days as from the date of receiving the proposals, have to notify the courts thereof.
Article 14.- The courts shall coordinate with the State bodies, Fatherland Front committees and the Front’s member organizations, other social organizations, economic organizations and people’s armed force units in bringing into play the educational effect of court sessions and in creating favorable conditions for the enforcement of the courts’ judgements and rulings.
Article 15.- The courts shall join the Procuracies, police offices, inspectorates, judicial bodies, other concerned agencies, Fatherland Front committees and the Front’s member organizations as well as people’s armed force units in studying and implementing policies and measures to prevent and combat crimes and other law offenses.
Article 16.- The chief judge of the Supreme People’s Court shall be responsible for and report on its activities before the National Assembly; while the National Assembly is in recess, he/she shall be responsible for and report on its activities before the National Assembly Standing Committee and the State President; and reply questions of National Assembly deputies.
The chief judges of the local People’s Courts are responsible for and report on their activities before the People’s Councils of the same level; and reply questions of People’s Council deputies.
Article 17.-
1. The Supreme People’s Court shall organizationally manage the local People’s Courts in close coordination with the local People’s Councils.
2. The Supreme People’s Court shall organizationally manage the military courts in close coordination with the Ministry of Defense.
3. The Regulation on coordination between the Supreme People’s Court and the local People’s Councils, between the Supreme People’s Court and the Ministry of Defense in organizationally managing the local People’s Courts as well as the military courts shall be prescribed by the National Assembly Standing Committee.
Tìm kiếm
Luật Tổ chức Toà án nhân dân 2002 (Bản Word)