Chapter II
THE SUPREME PEOPLE�S COURT
Article 18.-
1. The Supreme People’s Court is the highest adjudicating body of the Socialist Republic of Vietnam.
2. The organizational structure of the Supreme People’s Court is composed of:
a) The Council of Judges of the Supreme People’s Court;
b) The central military court, the criminal court, civil court, economic court, labor court, administrative court and appellate courts of the Supreme People Court; in case of necessity, the National Assembly Standing Committee shall decide to set up other specialized courts at the proposal of the chief judge of the Supreme People’s Court;
c) The assisting apparatus.
3. The Supreme People’s Court shall have the chief judge, deputy-chief judges, judges and court clerk.
Article 19.- The Supreme People’s Court shall have the following tasks and powers:
1. To guide courts to uniformly apply laws, sum up experiences in trials by courts;
2. To supervise the trials by tribunals at different levels; to supervise the trials by special tribunals and other courts, except otherwise provided for upon the establishment of such courts;
3. To submit bills to the National Assembly and draft ordinances to the National Assembly Standing Committee as provided for by law.
Article 20.- The Supreme People’s Court shall have the competence to conduct:
1. Supervisory, review trials of cases with judgements and/or decisions which have already taken legal effect but been protested against according to the provisions of the procedural law;
2. The appellate trials of cases with the first-instance judgements and/or decisions of immediate lower courts, which have not yet taken legal effect but have been appealed and/or protested against appealed according to the provisions of the procedural law.
Article 21.-
1. The Council of Judges of the Supreme People’s Court is the highest body for trials according to supervisory and review procedures and the agency guiding courts to uniformly apply laws.
2. The Council of Judges of the Supreme People’s Court is composed of:
a) The chief judge and deputy-chief judges of the Supreme People’s Court;
b) A number of judges of the Supreme People’s Court, decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court.
3. The total number of members of the Council of Judges of the Supreme People’s Court shall not exceed seventeen.
Article 22.-
1. The Council of Judges of the Supreme People’s Court shall have the following tasks and powers:
a) To supervise and review cases with already effective judgements and/or decisions being protested against under the provisions of the procedural law;
b) To guide courts to uniformly apply laws;
c) To sum up the adjudicating experiences;
d) To adopt the reports of the chief judge of the Supreme People’s Court on the courts activities for submission to the National Assembly, the National Assembly Standing Committee and the State President;
e) To prepare bills for submission to the National Assembly and draft ordinances for submission to the National Assembly Standing Committee.
2. A meeting of the Council of Judges of the Supreme People’s Court must be attended by at least two-thirds of its total members. Decisions of the Council of Judges of the Supreme People’s Court must be voted for by more than half of the total number of its members.
The chairman of the Supreme People’s Procuracy and the Minister of Justice shall have the responsibility to attend meetings of the Council of Judges of the Supreme People’s Court when the guidance for application of laws is discussed.
Article 23.-
1. The Criminal Court, the Civil Court, the Economic Court, the Labor Court and the Administrative Court of the Supreme People’s Court have their respective chief judge, deputy-chief judges, judges and court clerks.
2. The Criminal Court, the Civil Court, the Economic Court, the Labor Court and the Administrative Court of the Supreme People’s Court shall supervise and review cases with already effective judgements and/or decisions being protested against under the provisions of the procedural legislation.
Article 24.-
1. The Appellate Courts of the Supreme People’s Court shall have their own chief judge, deputy-chief judges, judges, court clerks.
2. The Appellate Courts of the Supreme People’s Courts shall have the following tasks and powers:
a) To conduct appellate trials of cases where the first-instance judgements and/or decisions of immediate lower courts, have not yet taken legal effect but have been appealed and/or protested against according to the provisions of the procedural law;
b) To settle complaints about decisions of the People’s Courts of provinces or centrally-run cities on declaration of bankruptcy according to law provisions.
c) To settle complaints about decisions of the People’s Courts of provinces or centrally-run cities on settlement of labor strikes according to the provisions of law.
Article 25.- The chief judge of the Supreme People’s Court shall have the following tasks and powers:
1. To organize the adjudicating work of the Supreme People’s Court;
2. To preside over meetings of the Council of Judges of the Supreme People’s Court;
3. To protest according to supervisory and review procedures against already effective judgements and/or decisions of courts at different levels according to the provisions of the procedural law;
4. To submit to the State President his/her own opinions on cases where convicts apply for commutation of capital punishment;
5. To appoint, remove from office, dismiss chief judges, deputy-chief judges of specialized courts, department directors and deputy-directors as well as other posts in the Supreme People’s Court, except for its deputy-chief judges and judges;
6. To appoint, remove from office, dismiss judges of local People’s Courts, military courts of the Military Regions and the equivalent, the regional military courts at the proposal of the Judge Selection Council;
7. To appoint, remove from office, dismiss chief judges, deputy-chief judges of local People’s Courts after reaching agreement with the Standing Members of the local People’s Councils; to appoint, remove from office, dismiss chief judges, deputy-chief judges of the military courts of the Military Regions and the equivalent, the regional military courts after reaching agreement with the Minister of Defense;
8. To organize professional fostering for judges, jurors and officials of courts;
9. To report on activities of courts before the National Assembly, the National Assembly Standing Committee and the State President;
10. To direct the drafting of bills, ordinances, which shall be submitted by the Supreme People’s Court to the National Assembly and the National Assembly Standing Committee;
11. To define the assisting apparatuses of the Supreme People’s Court, the local People�s Courts and submit them to the National Assembly Standing Committee for approval; to define the assisting apparatuses of the military courts after reaching agreement with the Minister of Defense and submit them to the National Assembly Standing Committee for approval;
12. To organize the examination of the management and use of fundings within the ambit of responsibility of the court sector in order to ensure their compliance with the legislation on budget; perform other jobs prescribed by law.
Article 26.- The deputy-chief judges of the Supreme People’s Court shall assist the chief judge in performing his/her tasks under the chief judge’s assignment. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to represent him/her in directing the court’s activities. Such deputy-chief judge shall be answerable to the chief judge for the assigned tasks
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Luật Tổ chức Toà án nhân dân 2002 (Bản Word)