Having high prestigious law firm in Vietnam in litigation at court, Dragon Law is willing to offer some information about the roles of the Vietnamese People’s Courts of Provinces and Centrally-run Citites.
For more interest, clients can consider at the Article 37-41 of the Law on Organization of People’s Courts 2014 or contact to the authorized representative service hotline of Dragon Law at 1900.599.979 to be supported.
I. Duties and Powers of People’s Courts of Provinces and Centrally-run Cities
1. To conduct first-instance trials of cases prescribed by law.
2. To conduct appellate trials of cases in which first-instance judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities or the equivalent which have not yet taken legal effect are appealed or protested against in accordance with law.
3. To review legally effective judgments and decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, and request chief justices of superior people’s courts or the Chief Justice of the Supreme People’s Court to consider and make protests when detecting violations of law or discovering new circumstances.
4. To settle other matters as prescribed by law.
II. Organizational Structure of People’s Courts of Provinces and Centrally-run Cities
1. The organizational structure of a people’s court of a province or centrally run city consists of:
a. The judicial committee;
b. The criminal, civil, administrative, economic, labor, and family and juvenile tribunals.
In case of necessity, the National Assembly Standing Committee shall decide to establish other specialized tribunals at the proposal of the Chief Justice of the Supreme People’s Court.
c. The assisting apparatus.
2. A people’s court of a province or centrally run city has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges, examiners, court clerks, other civil servants and employees.
III. Judicial Committees of People’s Courts of Provinces and Centrally-run Cities
1. The judicial committee of a people’s court of a province or centrally run city shall be composed of the chief justice, deputy chief justices and a number of judges. The number of members of the judicial committee shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the people’s court of the province or centrally run city.
Meetings of the judicial committee of a people’s court of a province or centrally run city shall be chaired by the chief justice.
2. The judicial committee of a people’s court of a province or centrally run city has the following duties and powers:
a. To discuss on the implementation of work programs and plans of its court;
b. To discuss work reports of the chief justice of its court to the Supreme People’s Court and same-level People’s Council;
c. To summarize adjudication experience;
d. To discuss recommendations of the chief justice of its court for the chief justice of the superior people’s court or the Chief Justice of the Supreme People’s Court to review legally effective judgments and decisions according to cassation or reopening procedure at the request of the chief justice.
IV. Duties and Powers of Specialized Tribunals of People’s Courts of Provinces and Centrally-run Cities
1. To conduct first-instance trials of cases prescribed by law.
2. To conduct appellate trials of cases in which first-instance judgments or decisions of people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.
V. Assisting Apparatus of People’s Courts of Provinces and Centrally-run Cities
1. The assisting apparatus of a people’s court of a province or centrally run city consists of the office, sections and equivalent units.
2. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the office, sections and equivalent units of the assisting apparatus of people’s courts of provinces and centrally run cities.
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