Nghị quyết 81/2014/QH13

RESOLUTION

ON IMPLEMENTATION OF THE LAW ON ORGANIZATION OF PEOPLE’S COURTS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

RESOLVES:

Article 1.

From February 1, 2015, to the effective date of the Law on Organization of People’s Courts:

1. The Chief Justice of the Supreme People’s Court shall review and prepare the organizational structure, personnel, physical foundations and other necessary conditions to ensure operation of people’s courts at all levels in accordance with the Law on Organization of People’s Courts.

2. Judges of the Supreme People’s Court whose terms of office expire on and after January 1, 2014, shall continue performing their duties through June 1, 2015.

3. Intermediate-level judges and primary-level judges whose terms of office have expired shall continue performing their duties until they are considered and appointed in accordance with the Law on Organization of People’s Courts prior to September 30, 2015.

4. Pursuant to Clause 1, Article 4; Articles 24, 70, 71 and 72; Clause 2, Article 95 of the Law on Organization of People’s Courts, and at the proposal of the Chief Justice of the Supreme People’s Court, the National Assembly Standing Committee shall issue resolutions to:

a/ Approve the organizational structure, duties and powers of units in the assisting apparatus of the Supreme People’s Court;

b/ Establish superior people’s courts and stipulate the number of superior people’s courts and the territory-based jurisdiction of each superior people’s court;

c/ Decide on payrolls and number of judges of superior people’s courts;

d/ Promulgate the operation regulation of the National Council for Judge Selection and Supervision;

dd/ Decide on the list of members of the National Council for Judge Selection and Supervision;

5. Pursuant to Article 34; Point b, Clause 1, Article 38; Article 41; Clause 1, Article 45; Article 46; Clause 4, Article 51; Clause 3, Article 55; Clause 3, Article 58; and Article 73 of the Law on Organization of People’s Courts, the Chief Justice of the Supreme People’s Court shall:

a/ Promulgate the operation regulation of the Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges; the regulation on organization of examinations for selection of primary-level judges, intermediate-level judges and high-level judges;

b/ Decide to establish tribunals in people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent;

c/ Decide on establishment and stipulate duties and powers of the assisting apparatus in superior people’s courts, and people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent;

Decide on establishment and stipulate duties and powers of the assisting apparatus in military courts after reaching agreement with the Minister of National Defense.

6. Pursuant to Article 67; Clause 4, Article 68 (except Points a and c); Clause 1, Article 69 (except Point a) and other relevant provisions of the Law on Organization of People’s Courts, the Chief Justice of the Supreme People’s Court shall:

a/ Prepare a personnel plan to be submitted to the National Assembly for consideration and approval of proposals for appointment of judges of the Supreme People’s Court;

b/ Propose the President to consider and decide on the promotion to the rank of high- level judge, for judges of the Supreme People’s Court who have been appointed before June 1, 2015, but are ineligible for appointment as judges of the Supreme People’s Court in accordance with the Law on Organization of People’s Courts.

Judges of the Supreme People’s Court who are appointed before the effective date of the Law on Organization of People’s Courts, have worked as judges of the Supreme People’s Court for less than 5 years and are now promoted to the rank of high-level judge shall be regarded as having attained the rank of high-level judge for full 5 years.

Article 2.

From the effective date of the Law on Organization of People’s Court:

1. The Judicial Council of the Supreme People’s Court shall transfer its duties and powers to the new one established in accordance with the Law on Organization of People’s Courts.

The Judicial Council of the Supreme People’s Court shall conduct trial according to cassation or reopening procedures with a trial panel composed of all judges of the Supreme People’s Court; a judicial committee of a superior people’s court or the Judicial Committee of the Central Military Court shall conduct trial with a trial panel composed of all of its members in accordance with the current procedure laws.

A trial conducted according to cassation or reopening procedures by the Judicial Council of the Supreme People’s Court with a trial panel composed of 5 judges or by a judicial committee of a superior people’s court or the Judicial Committee of the Central Military Court with a trial panel composed of 3 judges must comply with the provisions of the new procedure laws;

2. Appellate courts of the Supreme People’s Court shall transfer their jurisdiction of appellate trial; the criminal, civil, economic, labor and administrative tribunals of the Supreme

People’s Court, people’s courts of provinces and centrally run cities, and judicial committees of people’s courts of provinces and centrally run cities shall transfer the jurisdiction to conduct trial according to cassation or reopening procedures to superior people’s courts and judicial committees of superior people’s committees.

3. Military courts of military zones and the equivalent, judicial committees of military courts of military zones and the equivalent shall transfer the jurisdiction to conduct trial according to cassation or reopening procedures in accordance with the current Criminal Procedure Code to the Central Military Court and the Judicial Committee of the Central Military Court.

Military courts shall continue exercising their jurisdiction to adjudicate criminal cases in accordance with the Criminal Procedure Code and Articles 3, 4 and 5; Clause 1, Article 26 and Clause 2, Article 29 of the Ordinance on Organization of Military Courts until the provisions of the new Criminal Procedure Code replace these current provisions in consistency with those of the Law on Organization of People’s Courts.

4. The Chief Justice of the Supreme People’s Court may protest according to cassation or reopening procedures against legally effective judgments and decisions of courts, including superior people’s courts.

Chief justices of superior people’s courts may protest according to cassation or reopening procedures against legally effective judgments and decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent within their territory-based jurisdiction.

The chief justice of the Central Military Court may protest according to cassation procedures against legally effective judgments and decisions of regional military courts.

5. The jurisdiction of the family and juvenile court must comply with the new procedure laws.

6. For cases in which judgments or decisions of people’s courts of rural districts, urban districts, towns or provincial cities or of regional military courts have been protested against for cases falling under the cassation or reopening jurisdiction of judicial committees of people’s courts of provinces or centrally run cities or of military courts of military zones or the equivalent, but which remain untried according to cassation or reopening procedures before June 1, 2015, they shall be assigned to judicial committees of superior people’s courts with the territory-based jurisdiction or to the Judicial Committee of the Central Military Court for trial according to cassation or reopening procedures.

7. For cases in which judgments or decisions of people’s courts of provinces or centrally run cities have been protested against and which fall under the cassation or reopening jurisdiction of the criminal, civil, administrative, economic or labor tribunals of the Supreme People’s Court, but remain untried according to cassation or reopening procedures before June 1, 2015, they shall be assigned to judicial committees of superior people’s courts with the territory-based jurisdiction for trial according to cassation or reopening procedures.

8. For cases in which judgments or decisions of the appellate court of the Supreme People’s Court, or decisions of the criminal, civil, administrative, economic or labor tribunals of the Supreme People’s Court or Central Military Court have been protested against and which remain untried according to cassation or reopening procedures before June 1, 2015, the Judicial Council of the Supreme People’s Court shall try such cases according to cassation or reopening procedures.

9. For cases in which first-instance judgments or decisions of people’s courts of provinces or centrally run cities which have not yet taken legal effect are protested against before June 1, 2015, and these courts have not yet transferred their files or have transferred their files to the appellate court of the Supreme People’s Court but these cases remain unsettled, they shall be assigned to superior people’s courts with the territory-based jurisdiction for settlement according to appellate procedures.

10. Complaints or requests for review of legally effective judgments or decisions of people’s courts of rural districts, urban districts, towns or provincial cities, or of regional military courts according to cassation or reopening procedures for cases falling under the jurisdiction of people’s courts of provinces or centrally run cities or of military courts of military zones or the equivalent which remain unsettled before June 1, 2015, shall be assigned to superior people’s courts with the territory-based jurisdiction or to the Central Military Court for settlement.

11. Complaints or requests for review of legally effective judgments or decisions of people’s courts of provinces or centrally run cities according to cassation or reopening procedures for cases falling under the jurisdiction of the Supreme People’s Court which remain unsettled before June 1, 2015, shall be assigned to superior people’s courts with the territory- based jurisdiction for settlement.

12. Complaints or requests for review of legally effective judgments or decisions of the appellate court or criminal, civil, economic, labor or administrative tribunals of the Supreme People’s Court or of the Central Military Court according to cassation or reopening procedures for cases falling under the jurisdiction of the Supreme People’s Court which remain unsettled before June 1, 2015, shall be settled by the Supreme People’s Court.

13. Judges of the Supreme People’s Court and high-level judges are entitled to the salary and allowance regime applicable to judges of the Supreme People’s Court under current law until the introduction of a new salary and allowance regime.

Article 3.

1. The Supreme People’s Court shall, within the ambit of its functions, duties and powers, revise or coordinate with related agencies in reviewing legal documents relevant to the Law on Organization of People’s Court before annulling, amending or supplementing them or promulgating .new ones according to its competence; propose the National Assembly, National Assembly Standing Committee, Government and related agencies to annul, amend and supplement relevant legal documents or promulgate new ones in accordance with the Law on Organization of People’s Court.

2. The National Assembly Standing Committee, President, Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their respective functions, duties and powers, implement this Resolution.

This Resolution was adopted on November 24, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-