| THE NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 56/2002/QH10 | Hanoi, April 02, 2002 |
RESOLUTION
ON THE IMPLEMENTATION OF THE LAW ON ORGANIZATION OF THE PEOPLE’S COURTS AND THE LAW ON ORGANIZATION OF THE PEOPLE�S PROCURACIES
(No. 56/2002/QH10 of April 2, 2002)
(No. 56/2002/QH10 of April 2, 2002)
THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly at its 10th session,
RESOLVES:
1. The Law on Organization of the People’s Courts and the Law on Organization of the People’s Procuracies, passed on April 2, 2002 by the Xth National Assembly of the Socialist Republic of Vietnam at its 11th session, shall take effect as from October 1, 2002.
2. From the date the Law on Organization of the People’s Courts was promulgated to the date it takes effect:
a/ The organizational management of the local people’s courts and military courts as well as the appointment, dismissal or demotion of deputy-chief judges and judges of the Supreme People’s Court; or chief judges, deputy-chief judges and judges of local people’s courts and military courts at all levels shall still comply with the current law provisions.
b/ The Ministry of Justice shall coordinate with the Supreme People’s Court and the Ministry of Defense in preparing for the transfer to the Supreme People’s Court the work of organizational management of local people’s courts, military zones courts martial and the equivalents as well as regional military courts.
The 2002 funding for local people’s courts shall still be implemented and settled by the Ministry of Justice according to law provisions on the State budget.
3. As from the date the Law on Organization of the People’s Courts and the Law on Organization of the People’s Procuracies take effect:
a/ To annul the procedural legislation’s provisions on the competence to conduct first-instance -cum- final-instance trials of the Supreme People’s Court; the competence to conduct supervisory and review trials of the Judges Committee of the Supreme People’s Court; the competence to protest according to the supervisory procedures of the deputy-chief judges of the Supreme People’s Court and the deputy directors of the Supreme People’s Procuracy;
b/ For judgments and/or decisions, which are protested against by the deputy-chief judges of the Supreme People’s Court or the deputy-directors of the Supreme People’s Procuracy before October 1, 2002 but in volved the cases have not yet been adjudicated, the specialized courts of the Supreme People’s Court shall still conduct supervisory trials according to the current procedural legislation’s provisions;
c/ To dissolve the inspecting agencies of The People’s Procuracies of The Provinces and centrally-run cities, military zones military procuracies and the equivalents; cases, which have been processed by such inspecting agencies but the inspection has not yet been finished, shall be transferred to the inspecting agencies of the Supreme People’s Procuracy;
Click Download to see full text
