Vietnamese Superior People’s Court

A court is a tribunal, carries out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. It is generally understood that all persons have an ability to bring their claims before a court.

Dragon Law focusing much on the litigation about civil disputes, criminal disputes, commercial disputes in local and international matters in courts provides with some typical information about Superior People’s Court in Vietnam for consideration.

Duties and Powers of Superior People’s Courts

1. To conduct appellate trial of cases in which first-instance judgments or decisions of people’s courts of provinces or centrally run cities within their territorial jurisdiction which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.

2. To conduct trial according to cassation or reopening procedure of cases in which judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent within their territorial jurisdiction which have taken legal effect are protested against in accordance with the procedural law.

Organizational Structure of Superior People’s Courts

1. The organizational structure of a superior people’s court consists of:

a. The judicial committee;

b. The criminal, civil, administrative, economic, labor, family and juvenile tribunals.

In case of necessity, the National Assembly Standing Committee shall decide to establish another specialized tribunal at the proposal of the Chief Justice of the Supreme People’s Court;

c. The assisting apparatus.

2. A superior people’s court has its chief justice, deputy chief justices, presidents and vice presidents of tribunals, judges, examiners, court clerks, other civil servants and employees.

Judicial Committees of Superior People’s Courts

1. A judicial committee of a superior people’s court shall be composed of the chief justice, deputy chief justices being high-level judges and a number of high-level judges decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the superior people’s court.

The number of members of the judicial committee of a superior people’s court must be between eleven and thirteen.

2. The judicial committee of a superior people’s court has the following duties and powers:

a. To conduct trial according to cassation or reopening procedure of cases in which judgments or decisions of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent within their territorial jurisdiction which have taken legal effect are protested against in accordance with the procedural law;

b. To discuss and give opinions on reports of the chief justice of its superior people’s court on the court’s work before they are presented to the Supreme People’s Court.

3. A meeting of the judicial committee of a superior people’s court shall be attended by at least two-thirds of its total members. Decisions of the judicial committee shall be voted for by more than half of its total members.

Trial by Judicial Committees of Superior People’s Courts

1. The judicial committee of a superior people’s court shall conduct trial according to cassation or reopening procedure with a trial panel composed of 3 judges or all of its members.

2. A cassation or reopening trial with a trial panel composed of 3 judges or all members of the judicial committee of a superior people’s court shall be conducted in accordance with the procedural law.

Powers of Specialized Tribunals of Superior People’s Courts

Specialized tribunals of superior people’s courts shall conduct appellate trial of cases in which judgments or decisions of people’s courts of provinces or centrally run cities within their territorial jurisdiction which have not yet taken legal effect are appealed or protested against in accordance with the procedural law.

Assisting Apparatus of Superior People’s Court

1. The assisting apparatus of a superior people’s court consists of an office and other units.

2. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the office and other units of the assisting apparatus of the supreme people’s court.

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