The People's Courts of the Socialist Republic of Vietnam
The People's Courts are judicial agencies of the Socialist Republic of Vietnam, exercise judicial power.
The People's Courts comprise the Supreme People's Court and other courts established by the law.
The People's Courts are responsible for the protection of justice, human rights, citizenship rights, the socialist regime, interests of the State, legitimate rights and interests of organizations and individuals.
Through their operation, the courts shall contribute to educating citizens in being loyal to the Fatherland, strictly complying with the law, respecting rules of social conduct and having the sense of preventing and combating crimes and other violations of law.
Except for summary proceedings, trial courts sit with Assessors.
Judges and Assessors are independent in deciding cases and bound only by the law; agencies, organizations and individuals are prohibited from interfering in the adjudication of Judges and Assessors.
Hearings of the People's Courts are open to the public. In special cases which require the protection of State secrets, national fine traditions and customs, minors or private life at the lawfiol request of the parties, the People's Courts may hear cases in¬carnera.
Except trials conducted by summary procedure, people's courts shall conduct trials on a collective basic and make decisions by voting maj ority.
The adversarial principle in trials shall be guaranteed.
First-instance and appellate trials are guaranteed.
The right to defense of the accused and defendants and the right to protection of legitimate rights and interests of involved parties are guaranteed
Organizational chart of the People’s Courts of Vietnam
According to article 2 of law on organization of people's courts 2014 regulations:
1.The people's Court is the judicial organ of the Socialist Republic of Vietnam, made the right to justice.The people's courts have a duty to defend justice, protection of human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of organizations and individuals.By its activity, the Court contributes to the education of the citizens loyal to the motherland, strictly obey the law, respect the rules of social life, the sense of struggle, fight crime, the violation of other laws.
2. The Court in the name of Socialist Republic of Vietnam to trial the criminal, civil, marriage and family, business, commercial, labour, administrative and solving other work prescribed by law; consider the full, impartial, comprehensive documents, evidence was collected in the course of the proceedings; based on the results of litigation judgment, decide the guilty or not guilty, to apply or not to apply penalties, judicial measures, decisions on rights and obligations on the property, the right to identity.The verdict, the decision of the Court the people there of law must be the Agency, organization, respect for the individual; the Agency, organization, individual departments must strictly observance.
3. When performing their duties in the criminal trial, the Court has the right to: a) consideration, conclusions about the legality of the acts, decisions of the investigator, the Procurator, the lawyer in the course of the investigation , prosecution, trial; consider adopting, changing or cancelling preventive measures; suspension, suspension from service of the judgment; b) review, conclusions about the legality of the evidence, the document issued by the investigating authority, investigator, Procurator, Prosecutor collected; do lawyers, being accused and those involved in the other proceedings provided; c) When it deems necessary, pay records require additional investigation Procurator; procuratorate requests supplementary documents, evidence or a court to check, verify, gather additional evidence, according to the provisions of the code of criminal procedure; d) request the investigator, Prosecutor and others presented on issues relevant to the case at the trial; the criminal prosecution if found the abandoned reach crime; e) decision to make the other powers under the provisions of the code of criminal proceedings.
4. The Court to verify, collect documentary evidence to settle the civil case, marriage and family, business, commercial, labour, administrative and perform other powers under the provisions of the law in the proceedings.
5. Handling of administrative violations; considering the recommendation of State regulators and decided to apply the administrative processing measures related to human rights, fundamental rights of citizens under the law.
6. The decision to enforce the criminal verdict, postponement of punishment prison, temporarily suspended the jail penalty, reduce or exempt from penalty, delete projects, free of charge, reducing the obligation to enforce the judgment against the State budget revenues; perform other powers under the provisions of the criminal code, the criminal enforcement Law, civil execution Law.The decision to postpone, the long, steady, a temporary suspension due to administrative processing measures the Court apply and perform other powers under the provisions of law handling administrative violations.
7. During the trial of the case, the Court findings and recommendations to the competent bodies to consider amendment, supplement or remove laws contrary to the Constitution, laws, resolutions of the National Assembly, ordinances the Commission's resolution, the National Assembly to ensure that the rights and legitimate interests of individuals, agencies and organizations; the competent authority has the responsibility to answer the Court results processed legal documents and were propositions according to provisions of the law as the basis for the Court to resolve the case.
8. Ensure the uniform application of law in trial.
9. Implementation of other rights prescribed by law.