Thông tư 01/2016/TT-CA

CIRCULAR

ON ORGANIZATION OF TRIBUNALS IN PEOPLE’S COURTS OF PROVINCES AND CENTRAL-AFFILIATED CITIES, PEOPLE’S COURTS OF DISTRICTS, DISTRICT-LEVEL TOWNS, PROVINCIAL-AFFILIATED CITIES AND EQUIVALENT

Pursuant to the Law on organization of People’s Courts No. 62/2014/QH13;

Pursuant to the Law on promulgation of legislative documents No. 17/2008/QH12;

At the request of Director of the Department of Legal and Science management of the Supreme People’s Court,

The Chief Justice of the Supreme People’s Court promulgates a Circular on organization of tribunals in People’s Courts of provinces and central-affiliated cities (hereinafter referred to as provinces), People’s Courts of districts, district-level towns, provincial-affiliated cities (hereinafter referred to as districts) and equivalent.

Article 1. General provisions

1. Ensure the specialization of settlement and hearing of a prescribed court by each area of hearing for the purpose of enhancing quality of settlement and hearing of cases and matters (hereinafter referred to as cases), and facilitate the assignment, arrangement, training, and strengthening of judges, verifying officers, court clerks; in a case where the court does not satisfy conditions for organization of tribunals, a specialized judge will be appointed.

2. Comply with the Law on organization of People’s Courts in terms of names and organizational structure of tribunals and regulations on functions and tasks of tribunals prescribed in Article 3 hereof.

3. Ensure conditions and procedures for applying for organization of tribunals as prescribed in Articles 2 and 4 hereof.

Article 2. Conditions for organization of tribunals

1. The organization of tribunals in a People’s Court of province or a People’s Court of district or equivalent must satisfy the following conditions:

a) Number of annual cases accepted by the court within the jurisdiction of the tribunals prescribed in Article 3 hereof is at least 50.

b) Number of regular judges, verifying officers, and court clerks complies with conditions for organization of tribunals.

2. If the court fails to satisfy conditions for organization of tribunals prescribed in Clause 1 hereof, no tribunal will be organized but a specialized judge will be appointed instead.

Article 3. Jurisdiction of tribunals

1. A criminal tribunal shall adjudicate criminal cases, other than those within jurisdiction of a family and juvenile tribunal; consider applying administrative-handling measures in a People’s Court in a case where such court does not organize an administrative tribunal, except that the decision on application of administrative-handling measures is subject to the jurisdiction of the family and juvenile tribunal.

2. A civil tribunal shall adjudicate civil cases and matters; adjudicate economic, bankrupt, labor, and administrative cases and matters in a case where the court does not organize an economic tribunal, labor tribunal, or an administrate tribunal.

3. The economic tribunal adjudicates cases pertaining to trade business and bankruptcy.

4. The administrate tribunal adjudicates administrative cases.

5. The labor tribunal adjudicates labor cases.

6. The family and juvenile tribunal adjudicates the following cases:

a) A criminal case in which a defendant is under 18 years of age or a criminal case in which a defendant attains 18 years or older but the related victim is under 18 years of age and seriously damaged or in need of psychological support in living and learning conditions since he/she has not been fostered in a health family environment as others aged under 18;

b) Consider adopting administrative-handling measures at the People’s Court against juveniles;

c) Marriage and family cases as prescribed in the Civil Procedure Code.

7. The administrative tribunal shall consider applying administrative-handling measures at the People’s Court, other than those within jurisdiction of the family and juvenile tribunal.

Article 4. Procedures

1. Each Chief Judge of People’s Court of province shall, according to conditions for organization of tribunals, review and evaluate the need of organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction; review the number of regular judges, verifying officers, and court clerks; and prepare an application for organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction.

2. An application for organization of tribunals include:

a) A project for organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent, which specifies the necessity, bases, number of tribunals to be organized, names, organizational structure, functions, tasks, personnel organizational plan, and proposal for regulatory staff of judges, verifying officers, and court clerks of each tribunal.

The project must be considered by Communist party committee of People’s Court of province for ratification;

b) An application form for organization of tribunals in People’s Court of province, People’s Courts of districts and equivalent.

3. The application for organization of tribunals shall be sent to the Supreme People’s Court (via Department of Organization and Personnel).

4. Within 30 working days from the date on which the application for organization of tribunals, the Department of Organization and Personnel affiliated to the Supreme People’s Court shall verify the application and submit a Statement, if the application satisfies all conditions, to the Chief Justice of the Supreme People’s Court for consideration. If the Chief Justice of the Supreme People’s Court decides not to organize tribunals in People’s Court of province, People’s Courts of districts and equivalent, the Department of Organization and Personnel shall notify the People’s Court of province from which the application is submitted of refusal.

Article 5. Implementation of decision on organization of tribunals

1. The Chief Judge of People’s Court of province shall appoint positions of Chief Judges and Deputy Chief Judges of the People’s Court of province and the People’s Court of districts and equivalent within its scope of territorial jurisdiction; assign judges, verifying officers, and court clerks to work at tribunals affiliated to the People’s Court of province.

2. The Chief Judge of People’s Court of district and equivalent shall assign judges, verifying officers, court clerks, and verifying officers in charge of judgment enforcement to work at tribunals affiliated to the People’s Court of district.

3. Chief Judge of People’s Court of province shall submit a report on implementation of the decision on organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction to the Supreme People’s Court (via the Department of Organization and Personnel) for management.

Article 6. Dissolution of tribunals

1. If any tribunal fails to satisfy any of conditions prescribed in Article 2 hereof, the Chief Justice of the Supreme People’s Court shall consider its dissolution.

2. Chief Judge of People’s Court of province shall submit a request for dissolution of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction to the Supreme People’s Court for consideration.

3. Department of Organization and Personnel shall, in the case prescribed in Clause 1 hereof, inspect the report and forward it to the Chief Justice of the Supreme People’s Court for consideration.

4. Chief Judge and Deputy Chief Judge in a tribunal which is dissolved shall be discharged from such positions but be likely to be appointed another equivalent position or entitled to reserve benefits as prescribed by law.

Article 7. Entry into force

This Circular comes into force March 11, 2016.

Article 8. Implementation

1. Tribunals in People’s Courts of provinces established in accordance with the Law on organization of People’s Court 2002 shall keep operating until a decision on organization of new tribunals in accordance with the Law on organization of People’s Court 2014 is issued.

2. The regulations on jurisdiction of family and juvenile tribunals and other tribunals, if specified in laws on procedures, shall apply.

3. Department of Organization and Personnel, People’s Courts of provinces People’s Courts of districts, and equivalent shall implement this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Supreme People’s Court for prompt explanation or guidelines.