People’s Court And People’s Procuracy

Article 102

1. The people’s courts are the judicial organ of the Socialist Republic of Vietnam, exercising the judicial power.
2. The people’s courts comprise the Supreme People’s Court and other courts established by law.
3. The people’s courts are responsible for the protection of justice, human rights, citizen’s rights, socialist regime, interests of the State, and legal rights and interests of organizations and individuals.

Article 103

1. Trials before People’s Courts shall be attended by people’s assessors, except the case of trials with reduced procedure
2. The trials of the judges and assessors are independent and shall only obey the law; the interference into the trials of the judges and assessors by bodies, organizations, and individuals is strictly prohibited.
3. The People’s Courts shall hold their hearings in public. In special cases necessary to the protection of state secrecy, fine customs and beautiful habits of the nation, the protection of adolescents, and the protection of private secrecy according to the legitimate requirement of the persons concerned, the people’s courts can hold their hearings in closed door.
4. The People’s Courts shall try their cases collegially and their decisions shall be in conformity with the will of the majority, except the cases of the trials with reduced procedure.
5. The principle of institute legal proceeding against is guaranteed in trials.
6. The regime of hearing in first instance and hearing and appeal is guaranteed.
7. The right of the internee and the defendant to be defended is guaranteed; the right of the persons concerned to defend their legitimate interests is guaranteed.

Article 104

1. The Supreme People’s Court is the highest judicial organ of the Socialist Republic of Vietnam. Supreme court powers
2. The Supreme People’s Court supervises and directs the judicial work of other courts, except the cases provided by the law.
3. The Supreme People’s Court exercises the summarization of the practice of trials, and ensure the uniform application of law in trials.

Article 105

1. The term of the President of the Supreme People’s Court is consistent with the term of the National Assembly. The appointment, release from duties, and removal from office of presidents of other courts are provided by the law.
2. The President of the Supreme People’s Court is responsible and makes his reports to the National Assembly and, when the latter is not in session, to its Standing Committee and to the State President. The regime of report of presidents of other courts is provided by the law.
3. The appointment, approval, release from duties, and removal from office, term of judges, and the election and term of assessors are provided by the law.

Article 106

The sentences and decisions of the People’s Court which have acquired legal effect must be respected by organs, organizations, and individuals; they must be seriously complied with by the organs, organizations, and individuals concerned.

Article 107

The people’s procuracies:

• can prosecute and control judicial activities.
• comprise the Supreme People’s Procuracy and other procuracies provided by the law.
• are responsible for the protection of law, human rights, citizen’s rights, socialist regime, interests of the State, and legal rights and interests of organizations and individuals, thus contributing to ensuring that laws are strictly and uniformly observed.

Article 108

1. The term of the Head of the Supreme People’s Procuracy is consistent with the term of the National Assembly. The appointment, release from duties, and removal from office of heads of other procuracies and procurators are provided by the law.
2. The Head of the Supreme People’s Procuracy is responsible and makes his reports to the National Assembly and, when the latter is not in session, to its Standing Committee and to the State President. The regime of report of heads of other procuracies is provided by the law.

Article 109

1. A People’s Procuracy is directed by its Head. The Heads of inferior Procuracies are subject to the leadership of the Heads of superior Procuracies. The Heads of Procuracies at all levels are subject to the overall leadership of the Head of the Supreme People’s Procuracy.
2. When exercising the power of the power to prosecution and controlling judicial activities, procurators shall obey the law and are subject to the leadership of the Head of the People’s Procuracy.