Law on Organization of People’s Courts 2014

LAW

ON ORGANIZATION OF PEOPLE’S COURTS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Organization of People s Courts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes functions, duties, powers and organizational structure of people’s courts; judges, assessors and other staffs in people’s courts; and assurance of operation of people’s courts.

Article 2. Functions, duties and powers of people’s courts

1. People’s courts are the judicial bodies of the Socialist Republic of Vietnam and exercise judicial power.

People’s courts have the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals.

Through their activities, courts shall contribute to educating citizens in the loyalty to the Fatherland, strict observance of law, respect for rules of social conduct and the sense of struggle to prevent and combat crimes and other violations.

2. In the name of the Socialist Republic of Vietnam, courts shall adjudicate criminal, civil, marriage and family, business, commercial, labor and administrative cases and settle other matters as prescribed by law; examine documents and evidences collected in the legal process in an adequate, objective and comprehensive manner; and base themselves on results of the adversarial process to make judgments or decisions on guilt or innocence, to apply or not to apply penalties and judicial measures, or decisions regarding property rights and obligations and personal rights.

Judgments and decisions of people’s courts which have taken legal effect shall be respected by agencies, organizations and individuals and strictly observed by concerned agencies, organizations and individuals.

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Article 98. Effect

1. This Law takes effect on June 1, 2015; except Clause 1, Article 4; Articles 24 and 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; Article 67; Clause 4, Article 68; Clause 1, Article 69; Articles 69 thru 73; Clause 2, Article 95, which take effect on February 1, 2015.

2. This Law replaces Law No. 33/2002/QH10 on Organization of People’s Courts.

Ordinance No. 02/2002/PL-UBTVQH11 on Judges and Assessors of People’s Courts, and Ordinance No. 14/2011/PL-UBTVQH12 Amending and Supplementing a Number of Articles of the Ordinance on Judges and Assessors of People’s Courts cease to be effective on the effective date of this Law.

Ordinance No. 04/2002/PL-UBTVQH11 on Organization of Military Courts ceases to be effective on the effective date of this Law, except the provisions in Articles 3, 4 and 5; Clause 1, Article 26; and Clause 2, Article 29, which continue to be effective until annulled.

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