Chương V Luật tổ chức Toà án nhân dân 2014: Toà án nhân dân huyện, quận, thị xã, thành phố thuộc tỉnh và tương đương

Chapter V

PEOPLE’S COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, TOWNS, PROVINCIAL CITIES AND THE EQUIVALENT

Section 1. DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF PEOPLE’S COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, TOWNS, PROVINCIAL CITIES AND THE EQUIVALENT

Article 44. Duties and powers of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent

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

2. To settle other matters prescribed by law.

Article 45. Organizational structure of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent

1. A people’s court of a rural district, urban district, town, provincial city or the equivalent may have criminal, civil, family and juvenile, and administrative handling tribunals. In case of necessity, the National Assembly Standing Committee may 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 Clause and adjudication requirements and practices of each of courts of rural districts, urban districts, towns, provincial cities and the equivalent, the Supreme People’s Court shall decide on the organization of specialized tribunals.

2. The assisting apparatus.

3. A people’s court of a rural district, urban district, town, provincial city or the equivalent has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges, court clerks, examiners in charge of judgment enforcement, other civil servants and employees.

Article 46. Duties and powers of the assisting apparatus of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent

The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the assisting apparatus of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent.

Section 2. CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF PEOPLE’S COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, TOWNS, PROVINCIAL CITIES AND THE EQUIVALENT

Article 47. Chief justices of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent

1. Chief justices of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent 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 rural districts, urban districts, towns, provincial cities and the equivalent is 5 years from the date of appointment.

2. The chief justice of a people’s court of a rural district, urban district, town, provincial city or the equivalent 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 report on work to competent People’s Councils as prescribed by law and the people’s court of the province or centrally run city;

c/ To perform the duties and exercise the powers prescribed by the procedural law; and to settle other matters prescribed by law.

Article 48. Deputy chief justices of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent

1. Deputy chief justices of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent 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 people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent is 5 years from the date of appointment.

2. Deputy chief justices of a people’s court of a rural district, urban district, town, provincial city or the equivalent 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.