Procedures for organizing tribunals in Vietnam

Procedures for organizing tribunals in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for organizing tribunals in Vietnam

Procedures for organizing tribunals in Vietnam according to Article 4 of Circular 01/2016/TT-CA are as follows:

- Each Chief Judge of People’s Court of province shall, according to conditions for organization of tribunals, review and evaluate the need of organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction;

Review the number of regular judges, verifying officers, and court clerks; and prepare an application for organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction.

- An application for organization of tribunals include:

+ A project for organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent, which specifies the necessity, bases, number of tribunals to be organized, names, organizational structure, functions, tasks, personnel organizational plan, and proposal for regulatory staff of judges, verifying officers, and court clerks of each tribunal.

The project must be considered by Communist party committee of People’s Court of province for ratification;

+ An application form for organization of tribunals in People’s Court of province, People’s Courts of districts and equivalent.

- The application for organization of tribunals shall be sent to the Supreme People’s Court (via Department of Organization and Personnel).

- Within 30 working days from the date on which the application for organization of tribunals, the Department of Organization and Personnel affiliated to the Supreme People’s Court shall verify the application and submit a Statement, if the application satisfies all conditions, to the Chief Justice of the Supreme People’s Court for consideration.

If the Chief Justice of the Supreme People’s Court decides not to organize tribunals in People’s Court of province, People’s Courts of districts and equivalent, the Department of Organization and Personnel shall notify the People’s Court of province from which the application is submitted of refusal.

2. Regulations on implementation of decision on organization of tribunals in Vietnam

Regulations on implementation of decision on organization of tribunals in Vietnam under Article 5 of Circular 01/2016/TT-CA are as follows:

- The Chief Judge of People’s Court of province shall appoint positions of Chief Judges and Deputy Chief Judges of the People’s Court of province and the People’s Court of districts and equivalent within its scope of territorial jurisdiction; assign judges, verifying officers, and court clerks to work at tribunals affiliated to the People’s Court of province.

- The Chief Judge of People’s Court of district and equivalent shall assign judges, verifying officers, court clerks, and verifying officers in charge of judgment enforcement to work at tribunals affiliated to the People’s Court of district.

- Chief Judge of People’s Court of province shall submit a report on implementation of the decision on organization of tribunals in the People’s Court of province and People’s Courts of districts and equivalent within its scope of territorial jurisdiction to the Supreme People’s Court (via the Department of Organization and Personnel) for management.

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