Chương III Luật tổ chức Toà án nhân dân 2014: Toà án nhân dân cấp cao

Chapter III

SUPERIOR PEOPLE’S COURTS

Section 1. DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF SUPERIOR PEOPLE’S COURTS

Article 29. Duties and powers of superior people’s courts

1. To conduct appellate trial of cases in which first-instance judgments or decisions of people’s courts of provinces or centrally run cities within their territorial jurisdiction which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.

2. To conduct trial according to cassation or reopening procedure of cases in which judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent within their territorial jurisdiction which have taken legal effect are protested against in accordance with the procedural law.

Article 30. Organizational structure of superior people’s courts

1. The organizational structure of a superior people’s court consists of:

a/ The judicial committee;

b/ The criminal, civil, administrative, economic, labor, family and juvenile tribunals.

In case of necessity, the National Assembly Standing Committee shall decide to establish another specialized tribunal at the proposal of the Chief Justice of the Supreme People’s Court;

c/ The assisting apparatus.

2. A superior people’s court has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges, examiners, court clerks, other civil servants and employees.

Article 31. Judicial committees of superior people’s courts

1. A judicial committee of a superior people’s court shall be composed of the chief justice, deputy chief justices being high-level judges and a number of high-level judges decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the superior people’s court.

The number of members of the judicial committee of a superior people’s court must be between eleven and thirteen.

2. The judicial committee of a superior people’s court has the following duties and powers:

a/ To conduct trial according to cassation or reopening procedure of cases in which judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent within their territorial jurisdiction which have taken legal effect are protested against in accordance with the procedural law;

b/ To discuss and give opinions on reports of the chief justice of its superior people’s court on the court’s work before they are presented to the Supreme People’s Court.

3. A meeting of the judicial committee of a superior people’s court shall be attended by at least two-thirds of its total members. Decisions of the judicial committee shall be voted for by more than half of its total members.

Article 32. Organization of trial by judicial committees of superior people’s courts

1. The judicial committee of a superior people’s court shall conduct trial according to cassation or reopening procedure with a trial panel composed of 3 judges or all of its members.

2. A cassation or reopening trial with a trial panel composed of 3 judges or all members of the judicial committee of a superior people’s court shall be conducted in accordance with the procedural law.

Article 33. Duties and powers of specialized tribunals of superior people’s courts

Specialized tribunals of superior people’s courts shall conduct appellate trial of cases in which judgments or decisions of people’s courts of provinces or centrally run cities within their territorial jurisdiction which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.

Article 34. Assisting apparatus of a superior people’s court

1. The assisting apparatus of a superior people’s court consists of an office and other units.

2. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the office and other units of the assisting apparatus of the supreme people’s court.

Section 2. CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF SUPERIOR PEOPLE’S COURTS

Article 35. Chief justices of superior people’s courts

1. Chief justices of superior people’s courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of chief justices of superior people’s courts is 5 years from the date of appointment.

2. The chief justice of a superior people’s court has the following duties and powers:

a/ To organize the adjudicating work of his/her court; to organize the implementation of the principle that judges and assessors shall conduct trials in an independent manner and obey only the law;

b/ To chair meetings of the judicial committee of his/her court;

c/ To protest according to cassation and reopening procedure against legally effective judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent under their teưitorial jurisdiction in accordance with the procedural law;

d/ To appoint, relieve from duty or dismiss position holders in his/her court, except judges and deputy chief justices;

dd/ To report on his/her court’s work to the Supreme People’s Court;

e/ To perform the duties and exercise the powers prescribed by the procedural law; and to settle other matters in accordance with law.

Article 36. Deputy chief justices of superior people’s courts

1. Deputy chief justices of a superior people’s court shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court.

The term of office of deputy chief justices of a superior people’s court is 5 years from the date of appointment.

2. Deputy chief justices of a superior people’s court shall assist their chief justice in performing his/her duties as assigned by the latter. When the chief justice is absent, a deputy chief justice authorized by the chief justice shall lead the work of the court. The authorized deputy chief justice shall be answerable to the chief justice for the assigned tasks.

3. To perform the duties and exercise the powers prescribed by the procedural law.