Supreme People's Court of Vietnam

The Supreme People's Court of Vietnam (Vietnamese: Tòa án nhân dân tối cao) is the highest court of the Socialist Republic of Vietnam. The Supreme People's Court is one of the two institutions at the apex of the judicial system of Vietnam, with the other body being the Supreme People's Procuracy of Vietnam. Both are accountable to the President of Vietnam, the highest institution of government power in the country. The head of the Supreme People's Court of Vietnam is the Chief Justice. The current Chief Justice of Vietnam is Nguyen Hoa Binh.

Supreme People's Court of Vietnam
Map
Established13 September 1945
LocationHanoi
Composition methodPresidential nomination with National Assembly confirmation
Authorized byConstitution of Vietnam
Judge term lengthFive years
Number of positions13–17, by statute
Websitewww.toaan.gov.vn
Chief Justice of the Supreme People's Court of Vietnam
CurrentlyNguyễn Hòa Bình
Since8 April 2016
Headquarters.

Responsibility and jurisdiction

The Supreme People's Court is responsible for providing leadership to the Vietnamese court system, supervising the judicial process, and recommending bills to the National Assembly as appropriate under law. It is a court of final resort.[1]

The Court is by statute the court of final resort for all matters arising under Vietnamese law. It hears appeals in cases where court decisions have been implemented. The Court's Council of Justices can also pass resolutions directing lower courts on the uniform enforcement of the law across the country.[2]

Prior to June 2015, when parts of the Law on the Organisation of People's Courts (2014) and several resolutions by the Standing Committee of the National Assembly took effect, the Supreme People's Court also had some intermediate appellate jurisdiction via its three appellate benches (toà phúc thẩm). However, the 2014 law transformed those appellate benches into full courts called superior people's courts (toà án nhân dân cấp cao), and removed intermediate appellate jurisdiction from the Supreme People's Court.[3]

Organisation

The Supreme People's Court of Vietnam is organised according to the Law on the Organisation of People's Courts (2014). Under law, the Court's organisation consists of the Council of Justices, its supporting apparatus, as well as training facilities as needed.

The Court's Council of Justices consists of the Chief Justice, the Deputy Chief Justices, and other justices of the Supreme People's Court as appointed by the National Assembly on nomination by the President. It must have at least 13 members, and at most 17 members. Appeals are heard by panels of five justices, or by the entire Council of Justices when appropriate under law.[4]

The Supreme People's Court of Vietnam consists of:[5]

  • Council of Justices (Hội đồng Thẩm phán): 17 judges, including the Chief Justice and Deputy Chief Justices
  • Office of the Supreme People's Court (Văn phòng Tòa án Nhân dân Tối cao)
  • Assisting apparatus
  • High People's Courts (Tòa án Nhân dân Cấp cao): currently there are 3 High People's Courts (High People's Court in Northern region, High People's Court in Central region and High People's Court in Southern region). The High People's Courts consist of:[6]
    • Committee of Judges (Ủy ban Thẩm phán)
    • Criminal Court (Tòa Hình sự)
    • Civil Court (Tòa Dân sự)
    • Administrative Court (Tòa Hành chính)
    • Economic Court (Tòa Kinh tế)
    • Labor Court (Tòa Lao động)
    • Family and Juvenile Court (Tòa Gia đình và Người chưa thành niên)

List of chief justices

NumberNameTermPolitical party
Democratic Republic of Vietnam (1945–1976)
-Trần Công Tường (acting)5/1958–5/1959Worker's Party of Vietnam
1Phạm Văn Bạch5/1959–7/1976Worker's Party of Vietnam
Socialist Republic of Vietnam (1976–present)
1Phạm Văn Bạch7/1976–5/1981Communist Party of Vietnam
2Phạm Hưng1981–1997Communist Party of Vietnam
3Trịnh Hồng Dương1997–2002Communist Party of Vietnam
4Nguyễn Văn Hiện2002–2007Communist Party of Vietnam
5Trương Hòa Bình2007–2016Communist Party of Vietnam
6Nguyễn Hòa Bình2016–incumbentCommunist Party of Vietnam

References

External links

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