Military Courts

Military Courts

  1. Home
  2. Vietnam

Military Courts are established in the Vietnam People’s Army to hear cases in which defendants are persons in service and other cases as prescribed by the law.

Central Military Court

Its functions and duties are:

  • To hear appeals of Courts of military zones and the equivalent which have not been legally effective and are appealed or protested against in accordance with the Criminal Procedure Code;

  • To review, under cassation and re-opening procedure, legally effective judgments or decisions of Courts of military zones or regions and the equivalent which are protested against in accordance with the Criminal Procedure Code.

Structural organization of the Central Military Court consists of the following:

  1. Judges Committee of the Central Military Court;

  2. Appellate Courts of the Central Military Court;

  3. Assisting apparatus.

It consists of a Chief Judge, Deputy Chief Judges, Military Judges, cassation reviewers, clerks and other officers.

The Chief Justice of the Supreme People’s Court shall decide on the establishment, functions and powers of supporting apparatus of the Central Military Court upon agreement with the Minister of Defence.

Courts of Military Zones and the Equivalent

The organizational structure of Courts of military zones and equivalent consists of the following:

  1. Judge Committee;

  2. Assisting apparatus.

The Courts of military zones and regions shall have a Chief Judge, Deputy Chief Judges, Judges, Legal Reviewer, Court Clerks, other court staff and employees.

The Chief Justice of the Supreme People’s Court shall decide on the establishment, functions and powers of supporting apparatus of Courts of military zones and regions upon agreement with the Ministry of Defence.

Its duties and powers are as follows:

  • To hear first-instance cases in accordance with the Criminal Procedure Code;

  • To hear criminal appeals of Courts of military regions which have not been legally effective and are appealed or protested against in accordance with the law;

  • To deal with other matters as prescribed by law.

Courts of Military Regions

The Courts of Military Regions have the following duties and powers:

  • To hear first-instance cases in accordance with the Criminal Procedure Code;

  • To perform other duties and powers as prescribed by the law.

The Courts of Military Regions comprise of a Chief Judge, Deputy Chief Judges, Judges, Court Clerks, court staff and employees.

The Chief Justice of the Supreme People’s Court shall determine the establishment, duties and powers of assisting apparatus of Courts of Military Regions upon agreement with Minister of Defence.

People’s Court of Urban Districts, Rural Districts, Towns, Cities and Equivalent

People’s Court of Urban Districts, Rural Districts, Towns, Cities and Equivalent

  1. Home
  2. Vietnam

Duties and Powers

– To hear first-instance cases in accordance with the law.

– To deal with other matters as prescribed by the law.

Organizational Structure

The People’s Courts of rural districts, urban districts, towns, cities or the equivalent may have criminal, civil, family and juvenile, and administrative Courts. In cases of necessity, the National Assembly Standing Committee may decide to establish other specialized Courts at the proposal of the Chief Justice of the Supreme People’s Court.

Based on this regulation, adjudication requirements and the practices of each Court in rural districts, urban districts, towns, cities and the equivalent, the Chief Justice of the Supreme People’s Court shall decide on the establishment of the specialized Courts.

These Courts may also have an assisting apparatus.

People’s Court of Provinces, Municipalities

People’s Court of Provinces, Municipalities

  1. Home
  2. Vietnam

Duties and powers

  • To hear first-instance cases in accordance with the law.

  • To hear appeals of the People’s Courts of rural districts, urban districts, towns, cities or the equivalent, which have not been legally effective and are appealed or protested against in accordance with the law.

  • To review legally effective judgments, decisions of the People’s Courts of rural districts, urban districts, towns, cities and the equivalent, and request the Chief Judge of the High People’s Court or Chief Justice of the Supreme People’s Court to consider, protest against such judgments or decisions if there are violations of law or new circumstances.

  • To deal with other matters as prescribed by the law.

Organizational structure of the People’s Court of provinces and municipalities

Judge Committee

The Judge Committee of the People’s Courts of provinces or municipalities consists of a Chief Judge, Deputy Chief Judge and other judges. The number of Judge Committee members shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the Chief Judge of the People’s Courts of provinces or municipalities.

Meetings of the Judge Committee of the People’s Courts of provinces or centrally run city shall be chaired by the Chief Judge.

The Judge Committee of the People’s Court of provinces or municipalities city shall have following duties and powers:

  1. To discuss the implementation of work plans and programs of the People’s Courts of provinces, municipalities;

  2. To study reports of the Chief Judge of the People’s Courts of provinces, municipalities to be submitted to the Supreme People’s Court and People’s Council of the same level;

  3. To summarize adjudication practices;

  4. To discuss recommendations made by the Chief Judge of the People’s Courts of provinces, municipalities to the Chief Judge of the High People’s Court or Chief Justice of the Supreme People’s Court for the review of legally effective judgments and decisions under cassation or reopening procedure at the request of the Chief Judge.

Specialized Courts

In a High People’s Court, specialized Courts, which are the Criminal Court, Civil Court, Administrative Court, Economic Court, Labour Court, and Family and Juvenile Court, are established with the following duties and powers:

  • To hear first-instance cases as prescribed by the law;

  • To conduct appellate trials of cases in which first-instance judgments or decisions of the People’s Courts of rural districts, urban districts, towns, provincial cities and the equivalent which have not yet taken legal effect are appealed or protested against in accordance with the procedural law;

  • To hear appeals of the People’s Courts of rural districts, urban districts, towns, cities or the equivalent, which have not been legally effective and are appealed or protested against in accordance with the procedural law.

Assisting Apparatus

The assisting apparatus of the People’s Courts of provinces and municipalities consists of an Administration Division and other units.

High People’s Courts

High People’s Courts

  1. Home
  2. Vietnam

High People's Court

According to the Resolution No. 957/NQ-UBTVQH13, dated 28 May 2014, of the Standing Committee of the National Assembly, 3 High People’s Courts have been established in the North, Centre and the South of Vietnam as follows:

– The High People’s Court in Ha Noi;

– The High People’s Court in Đà Nang;

– The High People’s Court in Hồ Chí Minh city.

Duties and powers of the High People’s Courts

  • To hear appeals of trial decisions, judgments of the People’s Courts of provinces or municipalities within their territorial jurisdiction which have not yet taken legal effect and are appealed or protested against in accordance with the procedural law.

  • To review under cassation or reopening procedure legally effective judgments or decisions of the People’s Courts of provinces, municipalities, rural districts, urban districts, towns, cities or the equivalent within their territorial jurisdiction which are protested against in accordance with the procedural law.

Organizational structure and operation of the High People’s Courts

Judge Committee of the High People’s Court

The Judge Committee of the High People’s Court shall consist of a Chief Judge, Deputy Chief Judges, who are senior judges, and other senior judges selected by the Chief Justice of the Supreme People’s Court at the proposal of the Chief Judge of the High People’s Court.

Members of the Judge Committee of the Superior People’s Court shall be between eleven and thirteen.

The Judge Committee of the High People’s Court shall have following duties and powers:

  • To review, under cassation or reopening procedure, legally effective judgments or decisions of the People’s Courts of provinces, municipalities, rural districts, urban districts, towns, cities or the equivalent within their territorial jurisdiction which are protested against in accordance with the procedural law;

  • To study and provide opinions on reports of the Chief Judge of the High People’s Court on Court business to be submitted to the Supreme People’s Court.


The meetings of the Judge Committee of the Superior People’s Court shall be attended by at least two-third of its members. Decisions of the Judge Committee shall be adopted by an absolute majority.

The Judge Committee of the High People’s Court hears cases under cassation and re-opening procedure by either a panel of 3 Judges or en banc which is decided in accordance with the procedural law.

Specialized Courts

In a High People’s Court, specialized Courts; which are the Criminal Court, Civil Court, Administrative Court, Economic Court, Labour Court, and Family and Juvenile Court; are established with the duties and powers to hear appeals of the People’s Courts of provinces or municipalities within its territorial jurisdiction which have not been legally effective and are appealed or protested against in accordance with the procedural law.

Assisting Apparatus

The assisting apparatus of the High People’s Court consists of an Administration Division and other units. These units may consist of Chief Officers, Deputy Chief Officers and other equivalent officers.

The Supreme People’s Court

The Supreme People’s Court

  1. Home
  2. Vietnam

The Supreme People's Court

Duties and powers

  • The Supreme People’s Court shall review legally effective judgments and decisions of the Courts, which are protested against, under cassation or re-opening procedure in accordance with the procedural law;

  • It supervises the adjudication of other Courts, except otherwise provided by the law;

  • It sums up practical adjudication practices of all Courts and ensures the consistent application of the law in adjudication;

  • It is responsible for providing training and continuing education for Judges, Assessors and other court officials;

  • It administers other People’s Courts and Military Courts in terms of their organization in accordance with the Law on Organization of People’s Courts and relevant legislation, and ensures judicial independence among the different Courts;

  • It is entitled to present to the National Assembly draft laws and resolutions; and to the Standing Committee of the National Assembly draft ordinances and resolutions in accordance with the law.

Organizational Structure of the Supreme People’s Court of Vietnam

According to Article 21, of the 2014 Law on Organization of People’s Courts, the structure of the Supreme People’s Court of Vietnam contains the following divisions:

– Justice Council of the Supreme People’s Court;

– Assisting Apparatus;

– Judicial Training and Education Unit.

Justice Council of the Supreme People’s Court

The number of Justice Council Members of the Supreme People’s Court must be between thirteen and seventeen, including the Chief Justice, Deputy Chief Justices being Justices of the Supreme People’s Court and other Justices of the Supreme People’s Court.

The Justice Council of the Supreme People’s Court has the following duties and powers:

  • To review legally effective judgments and decisions which are protested against under cassation or re-opening procedure in accordance with the procedural law;

  • To adopt resolutions providing guidance for the consistent application of the law to the lower Courts;

  • To select its cassation decisions, qualified legally effective judgments and decisions of other Courts to be scrutinized, summarized and selectively published as precedents for the reference and application of other Courts in their adjudication;

  • To study and provide comments on reports of the Chief Justice of the Supreme People’s Court on the judiciary business to be submitted to the National Assembly, Standing Committee of the National Assembly and the State President;

  • To provide opinions on draft laws and resolutions to be submitted to the National Assembly, and draft ordinances and resolutions to be submitted to the National Assembly Standing Committee;

  • To study and provide opinions on draft legal normative documents which are under the jurisdiction of the Chief Justice of the Supreme People’s Court and draft legal normative documents to be jointly promulgated by the Supreme People’s Court and relevant agencies in accordance with the Law on Promulgation of Legal Normative Documents.


Meetings of the Justice Council of the Supreme People’s Court must be attended by at least two-thirds of its members. Decisions of the Justice Council of the Supreme People’s Court are adopted by an absolute majority.

Assisting Apparatus

The assisting apparatus of the Supreme People’s Court consists of departments and equivalent units. The Chief Justice of the Supreme People’s Court submits the proposal on the organization, duties and powers of the supporting to the National Assembly for the latter’s approval.

Department of Administration

The Administration Department consists of a General Director, Deputy Directors and other officers. The Director of the Administration Department is also the spokesman of the Supreme People’s Court. The Administration Department of the Supreme People’s Court provides general consultation on work plans, programs; facilitates all activities of leaders of the Supreme People’s Court; performs and controls cases managements and other administrative activities of the Supreme People’s Court; manages facilities, properties and budget; ensures logistics, facilities and other working conditions for operation of the Supreme People’s Court; presides and coordinates with other departments and equivalent units to suggest and develop strategies of the Supreme People’s Court, and drafts annual working plan and programs of the Supreme People’s Court etc.

Bureau of Planning and Finance

This Department consists of a General Director and Deputy Directors and other officers. The Planning and Finance Department provides consultation and assistance for the Chief Justice on: formulating and implementing long-term, short-term and annual programs, plans, schemes, projects on the management and use of finance and properties, development investment, construction; plans for renovation and modernization of facilities of the People’s Courts; drafting estimated annual budget plans of the People’s Courts, budget management and allocation plans for local Courts and financially independent agencies of the Supreme People’s Court in accordance with the law on management and use of State budget; instructing monitoring, examining and evaluating the implementation of State mechanisms and policies concerning the management and use of the budget, properties, investment, construction by the People’s Courts and financially independent agencies of the Supreme People’s Court.

Department for Cassation Review and Examination of Criminal and Administrative Judgments (The Cassation Department I)

This department consists of a General Director, Deputy Directors and cassation reviewers and others officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To examine and review all applications for cassation and re-opening review of criminal and administrative cases under the jurisdiction of the Supreme People’s Court;

  • To organize and assign court clerks to meetings and hearings of the Justice Council of the Supreme People’s Court in the area of criminal and administrative law;

  • To implement duties relating to the execution of death penalty, amnesty, special reprieve in accordance with the law;

  • To coordinate with other agencies in legislation activities, providing guidance for the consistent application of law, summing up adjudication practices and developing precedents.

Department for Cassation Review and Examination of Civil, Business and Commercial Cases Judgments (Cassation Department II)

This department consists of a General Director, Deputy Directors and cassation reviewers and others officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To examine and reviews all applications for cassation and re-opening review of civil, business and commercial cases under the jurisdiction of the Supreme People’s Court;

  • To organize and assign court clerks to meetings and hearings of the Justice Council of the Supreme People’s Court in the area of civil, business and commercial, bankruptcy law;

  • To coordinate with other agencies in legislation activities, providing guidance for the consistent application of law, summing up adjudication practices and developing precedents.

Department for Cassation Review and Examination of Labor, Family and Juvenile Judgments (Cassation Department III)

This department consists of a General Director, Deputy Directors and cassation reviewers and others officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To examine and review all applications for cassation and re-opening review of labour, family and juvenile cases under the jurisdiction of the Supreme People’s Court;

  • To organize and assign court clerks to meetings and hearings of the Justice Council of the Supreme People’s Court in the area of labour, family and juvenile law;

  • To coordinate with other agencies in legislation activities, providing guidance for the consistent application of law, summing up adjudication practices and developing precedents.

Department of Legal Affairs and Research Administration

This department consists of a General Director, Deputy Directors and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To formulate and propose legislative programs of the National Assembly and Standing Committee of the National Assembly.

  • To ensure consistent application of laws in adjudication; synthesize good practices and develop precedents;

  • To draft laws, ordinances and resolutions to be submitted to the National Assembly and Standing Committee of the National Assembly; review draft legal normative documents and other documents to be issued by the Chief Justice of the Supreme People’s Court;

  • To examine, systematize and merge legal normative documents, codify legislation on the organization and operation of the People’s Court in accordance with the law;

  • To recommend to the relevant authority to amend, supplement or abolish legislation which are contrary to the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;

  • To act as the permanent unit of the Science Council of the Supreme People’s Court; administer and conduct research or assign research projects related to the organization and operation of the Courts to individuals and institutions of the People’s Courts.

Inspectorate

The Inspectorate consists of a Head Officers, Deputy Head Officers and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To formulate and implement programs and action plans for inspection, examination, prevention of and fight against corruption in the People’s Courts;

  • To meet citizens, receive complaints and denunciations falling under the Court’s jurisdiction; coordinate with the Organization and Personnel Department and other relevant departments to resolve complaints and denunciations concerning moral ethics, behaviour, lifestyle of public officials, staffs and employees working at the People’s Courts;

  • To inspect the performance of duties and powers by public officials, staff and employees of the People’s Courts; supervise judges in accordance with the Operation Regulations of the National Council for the Selection and Supervision of Judges;

  • To guide, inspect, verify, supervise, collect data, and report on asset and income declarations of public officials, staff and employees working at the People’s Courts in accordance with the law;

  • To investigate and inspect the implementation of laws and regulations of the People’s Courts on budget use; infrastructural construction; procurement, management and use of public properties; implementation of thrift practices and waste combat.

Department of Organization and Personel

This department consists of a General Director, Deputy Directors and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To administer the state management of personnel organization of the People’s Courts ; coordinate with Ministry of Defence in administering personnel organization of Military Courts;

  • To study, develop the organizational structure and number of Judges, public officials, staff, employees; legal normative documents, projects, schemes on personnel organization and remuneration, policies for public officials, staff, employees and labourers; administer the internal political protection at the People’s Courts;

  • To formulate and implement focal key programs and plans for personnel organization;

  • To administer the state management of training and continuing education for Judges, Assessors, public officials, staff, employees; implement the Training and Continuing education Strategy of the People’s Courts; select and appoint Judges in accordance with Regulations of the National Council for selection and supervision of Judges.

Department of General Affairs

This department consists of a General Director, Deputy Directors and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To evaluate and collect data relating to the operation of the Courts; and archive case files in accordance with the law;

  • To act as the contact point for cooperation with other ministries and agencies in the implementation of national target programs, legal assistance, state compensation, judicial records, criminal statistics, judgment execution and other projects;

  • To implement legal education, dissemination and propaganda programs;

  • To utilize and develop information technology to assist the operation of the People’s Courts; and maintain the IT infrastructure of the People’s Court.

Department of International Co-operation

This department consists of a General Director, Deputy Directors and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court with the following:

  • To administer the State management of international cooperation activities and international relations of the People’s Courts;

  • To formulate strategy, scheme, and plans for the development of international relations and judicial cooperation of the People’s Courts;

  • To prepare and conclude agreements, memoranda of understanding on international cooperation falling under the jurisdiction of the People’s Courts; conduct research on international law and international judicial practices; engage in the development of cooperation projects and draft legal normative documents on international judicial cooperation which is under the jurisdiction for state management of the Supreme People’s Court;

  • To review files and documents relating to international cooperation in judicial proceedings and internal treaties to which Vietnam is a member; organize international judicial conferences and seminars;

  • To develop, receive and implement international cooperation projects and programs of which the Supreme People’s Court is in charge.

Department of Emulation and Commendation

This department consists of a General Director, Deputy Directors and other officers. It has duties and powers to assist the Chief Justice of the Supreme People’s Court and Chairperson of the Emulation and Commendation Council of the People’s Courts with the following:

  • To administer the State management of emulation and commendation activities in the People’s Courts; act as the standing unit of the Emulation and Commendation Council of the People’s Courts;

  • To formulate and implement programs and plans on emulation and commendation activities in the People’s Courts;

  • To keep records of good examples and practices by individuals and units including Judges, officials and staff which shall be monitored, disseminated and propagated to promote patriotic movements in the People’s Courts and relevant agencies;

  • To conduct research on history of the judiciary; collect and preserve historical objects, propagate and provide education on the traditions of the People’s Courts;

  • To propose the conferment of emulative and honourable titles in accordance with the law; organize conferment ceremonies; present, withdraw and change the rewards in kind in accordance with the law.

Department of Administration for the Southern

This department consists of a General Director, Deputy Directors and other officers. It has following duties and powers:

  • To act as the contact point, organize and inform relevant agencies of the outcome of meetings between leaders of the Supreme People’s Court with relevant authorities, individuals, and the People’s Courts in the South;

  • To meet citizens, receive and send applications, requests, complaints and denunciations to relevant departments of the Supreme People’s Court;

  • To implement official protocols for out-bound and in-bound delegations; organize conferences, meetings, seminars, training course of the Supreme People’s Court.

Justice Review

– It is an agency of the People’s Court with the functions of informing the public about the organization and operation of the Supreme People’s Court and other Courts; honour Judges, propagate good examples and practices of individuals and units to all of the People’s Courts.

– To propagate and disseminate directions, policies and regulations of the Party and State; be responsive to the social demand of researching and studying laws and operation of the judiciary to contribute to the improvement of efficiency and effectiveness of the state management by law and to promote democracy and socialist rule of law in Vietnam.

The People's Court Journal

It has the function of delivering legal information, activities of the Supreme People’s Court and other Courts; being a jurisprudence forum for the exchange of experience on practices and theories in the resolution and adjudication of cases, organization and operation of the People’s Court; providing comments on precedents; conducting research and compiling best practices in the development of a transparent and capable court system; promoting patriotic movement in the People’s Courts.

Judicial Training and Education Unit

The Judicial Training and Education Unit of the Supreme People’s Court is the Court Academy, which was established on the basis of its predecessor, the Judicial Training School, by Decision No.1191/QD-TTg dated 30 July 2014 by the Prime Minister.

The Academy is a public institution of higher education within the national education system managed by the Supreme People’s Court. It has the status of a legal entity with independent financial accounting and official seal.

The Academy operates in accordance with the Rules of University attached to Decision No. 70/2014/QD-TTg dated 14 December 2014 by the Prime Minister; and Decision No. 64/2013/QD-TTg dated 11 November 2013 by the Prime Minister on conditions and procedures for establishing, permitting the establishment and educational activities of, terminating the educational operation, merging, splitting, separating and dissolving universities and academies.

History of the Head Quarters Building of the Supreme People’s Court

The Headquarters Building of the Supreme People’s Court is located at No. 48 Ly Thuong Kiet Str., Hoan Kiem District, Hanoi City and is a more than 100 year old palace. The Building was designed in 1900 and its construction started from 1906. In 1911, the construction finished and the building was launched for use. The whole area where the Building is located had the original size of 13.916m2 with a width of 113,6m and length of 122,5 . However, its current size is just 9.987m2 due to the north of such area being cut for the headquarters buildings of other government agencies.

The Building’s design and the disposition of the whole area adopted the French architectural style because it used to be a Headquarters of the High Court of France, which the French Government set up in Vietnam during the Colonial period.

The main building consists of a basement, three floors and an attic. During its use, the Supreme People’s Court has repaired some small divisions to satisfy current use requirements. Although several parts of the Building have fallen into disrepair partially, the Supreme People’s Court has tried to preserve its long time use due to the Building’s significant historical value.

(A photograph of the Supreme People’s Court Building)

History of its Development

History of its Development

  1. Home
  2. Vietnam

Historical Development

From 1945 to 1959 – Independence and the First Constitution

Following the victory of the 1945 August Revolution against the Japanese Empire, the Democratic Republic of Vietnam was born and declared its independence from French Colonial rule. The new Government immediately started building up and consolidating the State during which the judiciary was formulated with the establishment of Military Courts, Special Courts and Ordinary Courts. The Ordinary Courts were created under the Decree No. 13 dated 24 January1946 of the Chairman of the Government on Courts Organisation and Judges, which provided adequately for dispute settlements and sanctions of minor violations, as well as the organization of the Ordinary Courts and standards, duties and power of judges. Thus, such Courts were established before the enaction of the First Constitution of Vietnam.

On 9 November 1946, the National Assembly of the Democratic Republic of Vietnam adopted the First Constitution of the State of Vietnam with a separate chapter, Chapter VI, on “the Judiciary”; accordingly, the Judiciary of the Democratic Republic of Vietnam consists of the Supreme Court, Courts of Appeal, Intermediate Courts and Courts of First Instance (Article 63). However, French Colonial Military returned to invade Vietnam again, and the war which broke out led to nationwide resistance; consequently, the judicial system could not be established according to the First Constitution yet. At the same time, the Martial and Military Courts were set up to try promptly crimes in areas where there was fighting. The Martial Courts could be established even in the battlefields. During the war against the French Colonial Military, the court system was organized flexibly, depending on war conditions, under the supervision of the Ministry of Justice.

In 1954, after the French were defeated, the Government of Vietnam regained and controlled half of the country – the North of Vietnam. In April 1958, the National Assembly decided to establish the Supreme People’s Court and the Central People’s Public Prosecution Institute in an effort to split the Court system and Public Prosecution Institute from the Ministry of Justice, which initiated the restructuring of the Court system.

From 1959 to 1980 – Building up the Court Structure

On 31 December 1959, the National Assembly of the Democratic Republic of Vietnam adopted a new Constitution in replacement of the 1946 Constitution. According to Chapter VIII of the new Constitution, judicial bodies of Vietnam comprise the “People’s Court and People’s Procuracy.”

Under the 1959 Constitution, the Court system included the Supreme People’s Court, Local People’s Courts, and Military Courts. Based on the 1959 Constitution, the National Assembly of the Democratic Republic of Vietnam passed the Law on the Courts Organisation on 14 July1960. According to Article 2 of the law, the Court system was designed to include:

– The Supreme People’s Court;

– The People’s Courts of provinces and/or autonomous areas (Local People’s Court);

– Military Courts;

– Special Courts (being set up under special circumstances).

The jurisdiction of each Court level were also clarified by such law. The Permanent Committee of National Assembly enacted an Ordinance on the structure of the Supreme People’s Court and Local People’s Courts with detailed provisions on titles and divisions of these Courts and on their functions, duties and powers. Although the Ordinance did not provide on the supporting bodies of the Supreme People’s Court, the Supreme People’s Court also included an Administration Department, Personnel and Organization Department, General Affairs Department, Legal Research Department.. Remarkably, the 1960 Law on Court Organization Ordinance provided that the Chief Justice was to be selected and removed by the National Assembly with the term of five years, whilst the Deputy Chief Justices, Justices and other titles were to be designated and removed by the Permanent Committee of the National Assembly according to the suggestions of Chairman of the Committee.

From 1980 to 1992 – Consolidation of the Judicial System

In comparison with the 1959 Constitution, the People’s Court system provided by the 1980 Constitution basically had no changes. However, the new Constitution contained more detailed provisions on judiciary activities and set up some important principles.

The Court system still consisted of 3 levels with the Supreme People’s Court at the top and Provincial People’s Courts and District People’s Courts in the lower levels under the 1981 Law on People’s Courts Organization. Military Courts were also regarded as a part of the Court system but the structure of Military Courts was provided by an Ordinance of the State Council. In special or necessary circumstances, the National Assembly and/or the State Council could decide to establish Special Courts.

In 1981, the Ministry of Justice was re-established, and subsequently the power to manage the organization of local Courts was vested in the Ministry. The Ministry of Defence and the Ministry of Justice are responsible to co-manage the organization of the Military Courts. In general, the Supreme People’s Court was to be responsible for managing and guiding the local Courts in adjudication matters.

From 1992 to 2015 – Consolidation of the Judicial System

According to the 1992 Constitution and the 1993 Law on People’s Court Organization, the judicial structure had no change. However, there were some new provisions on operation of the Courts that are remarkable, as follows:

– The Ordinance on People’s Judges and Jurors enacted on 14 May 1993, it is the first legal document that provides in detail the standards, requirements of judges and jurors in each level of Court system, and their specific duties and power. According to the Ordinance, judges were appointed instead of being selected.

– Established an Economic Division in the Supreme People’s Court and each Provincial People’s Courts, which is responsible to deal with economic disputes and bankruptcy claims in order to satisfy requirements of the market economy.

– Salaries and other conditions for judges and Courts staff were also enhanced as a social recognition of the importance of judicial activities.

In 2002, the new Law on People’s Court Organization was enacted. This law did not modify the main structure of the judicial system but created some changes such as recognizing the principle of two instances; removing the Committee of Justices of the Supreme People’s Court, consequently, the Justices Council was vested with more power and duties. The Law also granted the Chief Justice more authority and responsibility, and added many other changes relevant to the internal organization of Provincial Courts and District Courts.

From June 2015 to-date: Judicial Reform

In 2013, the Constitution of Vietnam was amended with many significant changes concerning the judiciary as a result of the judicial reform process initiated from 2005. Subsequently, on 24 November 2014, the National Assembly adopted the new Law on People’s Court Organization, which concretizes relevant provisions of the Constitution.

The new law contained essential amendments on a large scale including the functions, duties and power of the People’s Courts, organization and operation principles of the People Courts; Justices’ and Judges’ election and appointment, election of Jurors, detailed duty of Cassation Reviewers and Clerks and other provisions that ensure the operation of the Courts.

The Law on the People’s Court Organization confirmed the basic principles recognized by the 2013 Constitution, in which, there were significant principles such as guaranteeing adversarial trials, presumption of innocence; in addition, it provided a characteristic principle for Courts’ organization and operation as “The People’s Courts to be organized independently in accordance with their jurisdictions” (Article 5).

– The judiciary structure was changed by the new law, which now consisted of 4 levels: The Supreme People’s Court, People’s High Courts, Provincial People’s Courts, and the District People’s Court; the Military Courts were still maintained as a part of the judicial system (Article 3).

– The new law provided for the standards and requirements for judges as well as a process for the appointment of judges, which contained many innovations such as comparative exams to select or promote judges, judges’ term of offices, etc. Other titles such as jurors and cassation reviewers and Court clerks were also provided in detail under the new law.