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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
43-L/CTN
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Hanoi,
October 28, 1995
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LAW
ON
AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE LAW ON THE
ORGANIZATION OF THE PEOPLE'S COURTS
Pursuant to Article 84 of the
1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for amendments and supplements to a number of articles of
the Law on the Organization of the People's Courts passed on October 6, 1992,
and amended, supplemented on December 28, 1993 by the National Assembly of the
Socialist Republic of Vietnam.
Article 1.-
To amend, supplement a number of Articles of the Law on the Organization of the
People's Courts:
1. Article 1 is supplemented
into the following:
"Article 1.-
The Supreme People's Court, the
local People's Courts, the Military Courts and other Courts stipulated by law
are juridical bodies of the Socialist Republic of Vietnam.
The Courts try criminal cases,
civil cases, cases concerning marriage and the family, labor, economic and
administrative affairs, and settle other matters as prescribed by law.
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Through its activities, the
Courts help to educate citizens to be loyal to the Fatherland, to strictly
observe the law, to respect social regulations, and to raise their sense of
fighting and preventing crime and other offences."
2. Article 8 is supplemented
into the following:
"Article 8 .-
The Courts conduct trials on the
principle that all citizens are equal before law, irrespective of sex,
nationality, belief, religion, social class and social standing; individuals,
agencies, organizations, armed force units and production and business
establishments of all economic sectors are equal before law."
3. Item 2 of Article 17 is
supplemented into the following:
"2.The Supreme People's
Court is composed of :
- The Jury of the Supreme
People's Court;
- The Committee of Judges of the
Supreme People's Court;
- The Central Military Court,
the Criminal Court, the Civil Court, the Economic Court, the Labor Court, the
Administrative Court and the Appeal Courts of the Supreme People's Court. In
case of necessity, the Standing Committee of the National Assembly shall decide
to set up other specialized courts at the proposal of the President of the
Supreme People's Court.
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4. Article 23 is supplemented
into the following:
"Article 23.-
1. The Criminal Court, the Civil
Court, the Economic Court, the Labor Court, or the Administrative Court of the
Supreme People's Court has a Chief Judge, Deputy Chief Judges, Judges and
Clerks.
2. The Criminal Court, the Civil
Court and the Administrative Court of the Supreme People's Court have the
following tasks and powers :
- To conduct first and
last-instance trials in accordance with the law on legal proceedings;
- To conduct supervisory trials
or re-trials of cases in which the already effective judgements or rulings are
appealed as prescribed by the law on legal proceedings.
3. The Economic Court, the Labor
Court of the Supreme People's Court conduct supervisory trials and re-trials of
cases in which the already effective judgements, decisions are appealed as
provided for by the law on legal proceedings.
5. Item 2 of Article 24 is
supplemented into the following:
"2. The Appeal Courts of
the Supreme People's Court have the following tasks and powers:
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- To handle complaints against
decisions by the People's Courts of the provinces and cities directly under the
Central Government, concerning the declaration of business bankruptcy, as
stipulated by law;
- To handle complaints against
decisions by the People's Courts of the provinces and cities directly under the
Central Government, concerning the settlement of strikes as prescribed by
law."
6. Item 1 of Article 27 is
supplemented into the following:
"1. The People's Court of a
province or city directly under the Central Government is composed of:
- The Committee of Judges;
- The Criminal Court, the Civil
Court, the Economic Court, the Labor Court, the Administrative Court; if
necessary, the Standing Committee of the National Assembly shall decide to set
up other specialized courts at the proposal of the Minister of Justice after
consulting the President of the Supreme People's Court;
- The assisting apparatus."
7. Article 30 is supplemented
into the following:
"1. The specialized courts
of the People's Courts of the provinces and cities directly under the Central
Government are composed of the Chief Judges, Deputy Chief Judges, Judges and
Clerks.
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- To conduct first-instance
trials as stipulated by the law on legal proceedings;
- To conduct appeal trials of
cases in which the judgements or rulings of the lower courts, that have not
become legally effective, are appealed or protested against, in accordance with
the law on legal proceedings.
3. The Economic Court of the
People's Court of a province or city directly under the Central Government has
the following tasks and powers :
- To conduct first-instance
trials of economic law-suits as stipulated by the law on legal proceedings;
- To conduct appeal trials of
economic law-suits in which the judgements or rulings of the first-instance
trials of the lower court, that have not become legally effective, are appealed
or protested against, as provided for by the law on legal proceedings;
-To handle business bankruptcy
in accordance with law.
4. The Labor Court of the
People's Court of a province or city directly under the Central Government has
the following tasks and powers :
- To conduct first-instance
trials of labor disputes as stipulated by the law on legal proceedings;
- To conduct appeal trials of
labor disputes in which the judgements or rulings of the lower court, that have
not become legally effective, are appealed or protested against, as provided
for by the law on legal proceedings;
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Article 2.-
This Law takes effect from July
1st, 1996.
All the earlier provisions that
are contrary to this Law are now annulled.
Article 3.-
The Government, the Supreme
People's Court shall, within their functions, have to guide the implementation
of this Law.
(This Law was passed by the IXth
National Assembly of the Socialist Republic of Vietnam at its 8th Session on
October 28, 1995.)
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nong Duc Manh
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