Luật tổ chức Toà án nhân dân sửa đổi số 43-L/CTN

LAW

ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE LAW ON THE ORGANIZATION OF THE PEOPLE'S COURTS

Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for amendments and supplements to a number of articles of the Law on the Organization of the People's Courts passed on October 6, 1992, and amended, supplemented on December 28, 1993 by the National Assembly of the Socialist Republic of Vietnam.

Article 1.- To amend, supplement a number of Articles of the Law on the Organization of the People's Courts:

1. Article 1 is supplemented into the following:

"Article 1.-

The Supreme People's Court, the local People's Courts, the Military Courts and other Courts stipulated by law are juridical bodies of the Socialist Republic of Vietnam.

The Courts try criminal cases, civil cases, cases concerning marriage and the family, labor, economic and administrative affairs, and settle other matters as prescribed by law.

Within their functions, the Courts have the task of protecting the socialist legal system, the socialist regime and the people's right to mastery; the State and collective property, the lives, property, freedom, honor and dignity of the citizens.

Through its activities, the Courts help to educate citizens to be loyal to the Fatherland, to strictly observe the law, to respect social regulations, and to raise their sense of fighting and preventing crime and other offences."

2. Article 8 is supplemented into the following:

"Article 8 .-

The Courts conduct trials on the principle that all citizens are equal before law, irrespective of sex, nationality, belief, religion, social class and social standing; individuals, agencies, organizations, armed force units and production and business establishments of all economic sectors are equal before law."

3. Item 2 of Article 17 is supplemented into the following:

"2.The Supreme People's Court is composed of :

- The Jury of the Supreme People's Court;

- The Committee of Judges of the Supreme People's Court;

- The Central Military Court, the Criminal Court, the Civil Court, the Economic Court, the Labor Court, the Administrative Court and the Appeal Courts of the Supreme People's Court. In case of necessity, the Standing Committee of the National Assembly shall decide to set up other specialized courts at the proposal of the President of the Supreme People's Court.

- The assisting apparatus."

4. Article 23 is supplemented into the following:

"Article 23.-

1. The Criminal Court, the Civil Court, the Economic Court, the Labor Court, or the Administrative Court of the Supreme People's Court has a Chief Judge, Deputy Chief Judges, Judges and Clerks.

2. The Criminal Court, the Civil Court and the Administrative Court of the Supreme People's Court have the following tasks and powers :

- To conduct first and last-instance trials in accordance with the law on legal proceedings;

- To conduct supervisory trials or re-trials of cases in which the already effective judgements or rulings are appealed as prescribed by the law on legal proceedings.

3. The Economic Court, the Labor Court of the Supreme People's Court conduct supervisory trials and re-trials of cases in which the already effective judgements, decisions are appealed as provided for by the law on legal proceedings.

5. Item 2 of Article 24 is supplemented into the following:

"2. The Appeal Courts of the Supreme People's Court have the following tasks and powers:

- To conduct appeal trials of cases in which the judgements or rulings of the first-instance trials of the immediate lower courts, that have not become legally effective, are appealed or protested against as provided for by the law on legal proceedings;

- To handle complaints against decisions by the People's Courts of the provinces and cities directly under the Central Government, concerning the declaration of business bankruptcy, as stipulated by law;

- To handle complaints against decisions by the People's Courts of the provinces and cities directly under the Central Government, concerning the settlement of strikes as prescribed by law."

6. Item 1 of Article 27 is supplemented into the following:

"1. The People's Court of a province or city directly under the Central Government is composed of:

- The Committee of Judges;

- The Criminal Court, the Civil Court, the Economic Court, the Labor Court, the Administrative Court; if necessary, the Standing Committee of the National Assembly shall decide to set up other specialized courts at the proposal of the Minister of Justice after consulting the President of the Supreme People's Court;

- The assisting apparatus."

7. Article 30 is supplemented into the following:

"1. The specialized courts of the People's Courts of the provinces and cities directly under the Central Government are composed of the Chief Judges, Deputy Chief Judges, Judges and Clerks.

2. The Criminal Court, the Civil Court, the Administrative Court of the People's Court of a province or city directly under the Central Government have the following tasks and powers:

- To conduct first-instance trials as stipulated by the law on legal proceedings;

- To conduct appeal trials of cases in which the judgements or rulings of the lower courts, that have not become legally effective, are appealed or protested against, in accordance with the law on legal proceedings.

3. The Economic Court of the People's Court of a province or city directly under the Central Government has the following tasks and powers :

- To conduct first-instance trials of economic law-suits as stipulated by the law on legal proceedings;

- To conduct appeal trials of economic law-suits in which the judgements or rulings of the first-instance trials of the lower court, that have not become legally effective, are appealed or protested against, as provided for by the law on legal proceedings;

-To handle business bankruptcy in accordance with law.

4. The Labor Court of the People's Court of a province or city directly under the Central Government has the following tasks and powers :

- To conduct first-instance trials of labor disputes as stipulated by the law on legal proceedings;

- To conduct appeal trials of labor disputes in which the judgements or rulings of the lower court, that have not become legally effective, are appealed or protested against, as provided for by the law on legal proceedings;

- To settle strikes in accordance with law."

Article 2.-

This Law takes effect from July 1st, 1996.

All the earlier provisions that are contrary to this Law are now annulled.

Article 3.-

The Government, the Supreme People's Court shall, within their functions, have to guide the implementation of this Law.

(This Law was passed by the IXth National Assembly of the Socialist Republic of Vietnam at its 8th Session on October 28, 1995.)