ALIN Legislative News
From Institute of State and Law, Vietnam Academy of Social Sciences
NOTABLE NEW POINTS IN LAW ON ORGANIZATION OF PEOPLE’S COURTS NO. 34/2024/QH15
The Law on Organization of People’s Courts of 2024 was passed by the 15th National Assembly of the Socialist Republic of Vietnam on June 24th 2024, with 09 new points including: 1. Supplementing regulations on the content of the Court exercising judicial power; 2. Amending and supplementing the tasks and powers of the Court; 3. Overhaul the organization of the People’s Court; 4. Regulation on the Court only supports in evidence collection activities; 5. Regulations on the organizational structure of the High People’s Court; 6. Establishing a specialized court of first instance; 7. Regulations on Judges; 8. Regulations on Court examiners, Court secretaries, other civil servants, public employees and employees of the Court; 9. Regulations on Jurors (Chapter VI).
However, among the 9 new points of the Law on Organization of People’s Courts of 2024, we believe that the following outstanding new points further complement the innovative achievements of judicial activities in Vietnam:
1. On supplementing regulations on the content of the Court exercising judicial power
This is the first time the Law on the Organization of People’s Courts of Vietnam has institutionalized the authority to exercise judicial power for the People’s Courts. On this basis, the Vietnamese Court system has legal basis when making judgments on human rights, rights and obligations of citizens.
2. Regulation on the Court only supports in evidence collection activities
It can be seen that the new regulation once again affirms that the evidence collection activities in a case is not the obligation of the Court. Rather, the parties in the case must proactively collect evidence to prove their claims. This regulation further affirms the central role of the Court in a fair trial, overcoming the perception that the investigation agencies, prosecution agencies and courts are together to accuse the offender, or stand on one side in a case.
3. Establishment of a specialized court of first instance
Articles 62 and 63 of the Law on Organization of People’s Courts of 2024 have added provisions for the establishment of specialized courts of first instance such as: Specialized Administrative Court of First Instance, Specialized Intellectual Property Court of First Instance, Specialized Bankruptcy Court of First Instance. These new provisions demonstrate the international integration capability of Vietnamese Courts to handle cases that often encounter in international commercial activities.
4. Regulations on Jurors
The Law has added provisions on the position and role of the Juror, clearly acknowledges that “the Juror is the representative of the People participating in the trial at the Court”. This provision once again affirms the democratic role of the People in all scopes of state power, including the right to participate in the trial activities of the Court.
Author: Cao Viet Thang
Topic: Introduction of new regulations on The Law on Organization of People’s Courts of 2024
Jurisdiction: Viet Nam
Date: August 27, 2024