- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
– 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.
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.
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.
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.
