Chương 3 Luật Tổ chức Toà án nhân dân 2002: Tòa án nhân dân địa phương

Chapter III

THE LOCAL PEOPLE�S COURTS

Section A. THE PEOPLE�S COURTS OF THE PROVINCES, THE CENTRALLY-RUN CITIES

Article 27.-

1. The organizational structure of the People’s Court of a province or centrally-run city is composed of:

a) The Committee of Judges;

b) The Criminal Court, the Civil Court, the Economic Court, the Labor Court, the Administrative 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.

2. The provincial/municipal People’s Court has a chief judge, deputy-chief judges, judges, people’s jurors and court clerks.

Article 28.- The People’s Courts of the provinces and centrally-run cities shall have the competence:

1. To conduct first-instance trials of cases according to the provisions of the procedural law;

2. To conduct appellate trials of cases where the first-instance judgements and/or rulings of lower courts have not yet taken legal effect but have been appealed and/or protested against according to the provisions of the procedural law;

3. To supervise, review cases where judgements and/or rulings of lower courts have already taken legal effect but been protested against according to the provisions of the procedural law;

4. To settle other matters as provided for by law.

Article 29.-

1. The Committee of Judges of the provincial/municipal People’s Court is composed of:

a) The chief judge and deputy-chief judges of the provincial/municipal People’s Court;

b) A number of judges of the provincial/municipal People�s Court, to be decided by the chief judge of the Supreme People’s Court at the proposal of the chief judge of the provincial/municipal People’s Court.

The total number of members of the Committee of Judge of the provincial/municipal People’s Court shall not exceed nine persons.

2. The Committee of Judges of the provincial/municipal People’s Court shall have the following tasks and powers:

a) To supervise, review cases where the judgements and/or decisions of lower courts, have already taken legal effect but been protested against;

b) To ensure the uniform application of laws at its court and the lower courts;

c) To sum up adjudicating experiences;

d) To adopt reports of the chief judge of the provincial/municipal People’s Court on activities of courts in the locality for reporting them before the People’s Council of the same level and to the Supreme People’s Court.

3. A meeting of the Committee of Judges of the provincial/municipal People’s Court must be attended by at least two-thirds of its total members. The decisions of the Committee of Judges of the provincial/municipal People’s Court must be voted for by more than half of the total number of its members.

Article 30.-

1. The specialized courts of the provincial/municipal People’s Courts shall have a chief judge, deputy-chief judges, judges and court clerks.

2. The Criminal Courts, the Civil Courts and the Administrative Courts of the provincial/municipal People’s Courts shall have the following tasks and powers:

a) To conduct first-instance trials of cases according to the provisions of the procedural law;

b) To conduct appellate trials of cases where the judgements and/or decisions of lower courts have already taken legal effect but been appealed and/or protested against according to the provisions of the procedural law.

3. The Economic Courts of the provincial/municipal People’s Courts shall have the following tasks and powers:

a) To conduct first-instance trials of economic cases according to the provisions of the procedural law;

b) To conduct appellate trials of economic cases where the first-instance judgements and/or rulings of lower courts have not yet taken legal effect but have been appealed and/or protested against according to the provisions of the procedural law;

c) To settle bankruptcy according to law provisions.

4. The Labor Courts of the provincial/municipal People’s Courts shall have the following tasks and powers:

a) To conduct first-instance trials of labor cases according to the provisions of the procedural law;

b) To conduct appellate trials of labor cases where the judgements and/or decisions of lower courts have not yet taken legal effect but have been appealed and/or protested against according to the provisions of procedural law;

c) To settle labor strikes according to law provisions.

Article 31.-

1. The chief judges of the provincial/municipal People�s Courts shall have the following tasks and powers:

a) To organize trials;

b) To preside over the meetings of the Committee of Judges;

c) To protest according to supervisory and review procedures against already effective judgements and/or rulings of lower courts according to the provisions of procedural law;

d) To appoint, remove from office, dismiss chief judges, deputy-chief judges of specialized courts and other posts in their courts, excluding deputy-chief judges and judges;

e) To organize professional fostering for judges, jurors and officials of their courts and the lower courts;

f) To report on activities of the courts in their respective localities before the People’s Councils of the same level and to the Supreme People’s Court;

g) To perform other tasks as provided for by law.

2. Deputy-chief judges of the provincial/municipal People’s Courts shall assist the chief judges in performing their tasks according to the latter’s assignment. When a chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to represent him/her to direct the activities of the local court. Such deputy-chief judge shall be answerable to the chief judge for the assigned tasks.

Section B. THE PEOPLE�S COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, PROVINCIAL CAPITALS, PROVINCIAL CITIES

Article 32.-

1. The People’s Court of a rural district, an urban district, a provincial capital or a provincial city shall have a chief judge, one or two deputy-chief judges, judges, people’s jurors, court clerks.

The People’s Courts of rural districts, urban districts, provincial capitals or provincial cities shall have their own assisting apparatuses.

2. The People’s Courts of rural districts, urban districts, provincial capitals or provincial cities are competent to conduct first-instance trials of cases as provided for by the procedural law.

Article 33.-

1. The chief judges of the People’s Courts of rural districts, urban districts, provincial capitals or provincial cities shall have the following tasks and powers:

a) To organize trials and other works according to law provisions;

b) To report on activities of their courts before the People’s Councils of the same level and to the immediate superior courts.

2. The deputy-chief judges shall assist the chief judges in performing their tasks according to the latter’s assignment and be answerable to the chief judges for the assigned tasks.