Nghị quyết số 56/2002/QH10 về việc thi hành Luật Tổ chức Toán án nhân dân và Luật Tổ chức Viện kiểm sát nhân dân do Quốc Hội ban hành

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)

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;

d/ For judgments and decisions already protested against, which fall under the competence to conduct supervisory or review trials of the Judges Committee of the Supreme People’s Court but the involved cases have not yet been adjudicated before October 1, 2002, they shall be transferred to the Judges Council of the Supreme People’s Court for trial according to the supervisory or review trial procedures;

e/ For the decisions made by the Judges Committee of the Supreme People’s Court, which have been protested against according to the supervisory or review procedures, the Judges Council of the Supreme People’s Court shall still conduct trials according to the supervisory or review trial procedures;

f/ For the decisions made by the Judges Committee of the Supreme People’s Court where errors or new details were detected, the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy may protest against them according to the supervisory or review trial procedures under the current procedural legislation’s provisions.

4. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within their respective functions, tasks and powers, revise by themselves or coordinate with one another in organizing the revision of legal documents relating to the current Law on Organization of the People’s Courts and the Law on Organization of the People’s Procuracies in order to annul, amend and/or supplement them or promulgate new documents; request the National Assembly or the National Assembly Standing Committee to annul, amend and/or supplement them or promulgate new documents in order to make them compatible with the provisions of these two laws, ensuring the implementation of the Law on Organization of the People’s Courts and the Law on Organization of the People’s Procuracies as from October 1, 2002.

5. Within the ambit of their respective functions, tasks and powers, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall have to implement this Resolution.

This Resolution was passed on April 2, 2002 by the Xth National Assembly of the Socialist Republic of Vietnam at its 11th session.

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