Chương IV Luật tổ chức Toà án nhân dân 2014: Toà án nhân dân tỉnh, thành phố trực thuộc trung ương

Chapter IV

PEOPLE’S COURTS OF PROVINCES AND CENTRALLY RUN CITIES

Section 1. DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF PEOPLE’S COURTS OF PROVINCES AND CENTRALLY RUN CITIES

Article 37. Duties and powers of people’s courts of provinces and centrally run cities

1. To conduct first-instance trials of cases prescribed by law.

2. To conduct appellate trials of cases in which first-instance judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities or the equivalent which have not yet taken legal effect are appealed or protested against in accordance with law.

3. To review legally effective judgments and decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, and request chief justices of superior people’s courts or the Chief Justice of the Supreme People’s Court to consider and make protests when detecting violations of law or discovering new circumstances.

4. To settle other matters as prescribed by law.

Article 38. Organizational structure of people’s courts of provinces and centrally run cities

1. The organizational structure of a people’s court of a province or centrally run city consists of:

a/ The judicial committee;

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

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

Based on the provision of this Point and requirements of adjudicating practices of each of people’s courts of provinces and centrally run cities, the Chief Justice of the Supreme People’s Court shall decide on the organization of specialized tribunals;

c/ The assisting apparatus.

2. A people’s court of a province or centrally run city has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges, examiners, court clerks, other civil servants and employees.

Article 39. Judicial committees of people’s courts of provinces and centrally run cities

1. The judicial committee of a people’s court of a province or centrally run city shall be composed of the chief justice, deputy chief justices and a number of judges. The number of members of the judicial committee shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the people’s court of the province or centrally run city.

Meetings of the judicial committee of a people’s court of a province or centrally run city shall be chaired by the chief justice.

2. The judicial committee of a people’s court of a province or centrally run city has the following duties and powers:

a/ To discuss on the implementation of work programs and plans of its court;

b/ To discuss work reports of the chief justice of its court to the Supreme People’s Court and same-level People’s Council;

c/ To summarize adjudication experience;

d/ To discuss recommendations of the chief justice of its court for the chief justice of the superior people’s court or the Chief Justice of the Supreme People’s Court to review legally effective judgments and decisions according to cassation or reopening procedure at the request of the chief justice.

Article 40. Duties and powers of specialized tribunals of people’s courts of provinces and centrally run cities

1. To conduct first-instance trials of cases prescribed by law.

2. To conduct appellate trials of cases in which first-instance judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.

Article 41. Assisting apparatus of people’s courts of provinces and centrally run cities

1. The assisting apparatus of a people’s court of a province or centrally run city consists of the office, sections and equivalent units.

2. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the office, sections and equivalent units of the assisting apparatus of people’s courts of provinces and centrally run cities.

Section 2. CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF PEOPLE’S COURTS OF PROVINCES AND CENTRALLY RUN CITIES

Article 42. Chief justices of people’s courts of provinces and centrally run cities

1. Chief justices of people’s courts of provinces and centrally run cities 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 people’s courts of provinces and centrally run cities is 5 years from the date of appointment.

2. The chief justice of a people’s court of a province or centrally run city 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 appoint, relieve from duty or dismiss position holders in his/her court and people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, except judges and deputy chief justices;

c/ To decide on transfer, rotation or secondment of judges under Clause 3, Article 78; Clause 3, Article 79; and Clause 3, Article 80 of this Law;

d/ To organize professional training courses for judges, assessors and other staffs of his/her court and people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent;

dd/ To report on work to the People’s Council of the province or centrally run city and the Supreme People’s Court;

e/ To recommend the chief justice of the superior people’s court or the Chief Justice of the Supreme People’s Court to consider and make protests against legally effective judgments or decisions according to cassation or reopening procedure;

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

Article 43. Deputy chief justices of people’s courts of provinces and centrally run cities

1. Deputy chief justices of a people’s court of a province or centrally run city 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 people’s court of a province or centrally run city is 5 years from the date of appointment.

2. Deputy chief justices of a people’s court of a province or centrally run city shall assist the 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.