CHAPTER TEN
THE PEOPLE’S COURT AND THE PEOPLE’S OFFICE OF SUPERVISION AND CONTROL
Article 126
It is the duty of the People’s Court and the People’s Office of Supervision and Control to, within the bounds of their functions, safeguard socialist legality, the socialist regime and the people’s mastery, the property of the State and the collectives, the lives, property, freedom, honour and dignity of the citizen.
THE PEOPLE’S COURT
Article 127
The Supreme People’s Court, the local People’s Courts, the Military Tribunals and the other tribunals established by law are the judicial organs of the Socialist Republic of Vietnam.
Under special circumstances, the National Assembly may decide to set up a Special Tribunal.
At the grassroots appropriate popular organisations shall be set up to deal with minor offences and disputes among the people according to the provisions of the law.
Article 128
The tenure of the President of the Supreme People’s Court shall be the same as that of the National Assembly.
The regime of the appointment, release from duty, dismissal, and the tenure of office of the judges; the system of election and the tenure of office of people’s assessors in People’s Courts at every level shall be determined by law.
Article 129
Trials before People’s Courts with the participation of people’s assessors and before Military Tribunals with the participation of military assessors shall be conducted in conformity with the provisions of the law. During a trial the assessors shall be on an equal footing with the judges.
Article 130
During a trial the judges and assessors are independent and shall only obey the law.
Article 131
The People’s Courts shall hold their hearings in public, except in cases determined by law.
The People’s Courts shall try their cases collegially and their decisions shall be in conformity with the will of the majority.
Article 132
The right of the defendant to be defended is guaranteed. The defendant can either conduct his own defence or ask someone else to do it.
An organisation of barristers shall be set up to help the defendant and other parties in a law case to defend their rights and legitimate interests and contribute to the safeguarding of socialist legality.
Article 133
The People’s Courts shall guarantee that citizens of the Socialist Republic of Vietnam who are members of various nationalities can use their own respective languages and systems of writing in court.
Article 134
The Supreme People’s Court is the highest judicial organ of the Socialist Republic of Vietnam.
It supervises and directs the Judicial work of Special People’s Courts and Military Tribunals.
It supervises and directs the judicial work of Special Tribunals and other tribunals, unless otherwise prescribed by the National Assembly at the establishment of such Tribunals.
Article 135
The President of the Supreme People’s Court is responsible and makes his reports to the National Assembly and, when the latter is not in session, to its Standing Committee and to the country’s President.
The President of the local People’s Court is responsible to and makes his reports to the People’s Council.
Article 136
The sentences and decisions of the People’s Court which have acquired legal effect must be respected by State organs, economic bodies, social organisations, people’s armed units and all citizens; they must be seriously implemented by the individuals and organs concerned.
THE PEOPLE’S OFFICE OF SUPERVISION AND CONTROL
Article 137
The Supreme People’s Office of Supervision and Control supervises and controls obedience to the law by Ministries, organs of ministerial rank, other organs under the government, local organs of power, economic bodies, social organisations, people’s armed units and citizens; it exercises the right to initiate public prosecution, ensures a serious and uniform implementation of the law.
The local Offices of Supervision and Control and the Military Offices of Supervision and Control supervise and control obedience to the law and exercise the right to initiate public prosecution within the bounds of their responsibilities as prescribed by law.
Article 138
The People’s Office of Supervision and Control is directed by its Head. The Heads of inferior Offices are subject to the leadership of the Heads of superior Offices. The Heads of local Offices of Supervision and Control and the Heads of Military Offices of Supervision and Control are subject to the overall leadership of the Head of the Supreme People’s Office of Supervision and Control.
The setting up of the Committee of Supervision and Control, the problems to be settled by the Head of the People’s Office of Supervision and Control, the major issues to be discussed and settled by the Committee of Supervision and Control in conformity with the will of the majority, are to be prescribed by law.
The tenure of the Head of the Supreme People’s Office of Supervision and Control is the same as that of the National Assembly.
The Heads, Deputy Heads and members of the local People’s Offices of Supervision and Control and of Military Offices of Supervision and Control in military zones and areas shall be appointed, released from duty, or dismissed by the Head of the Supreme People’s Office of Supervision and Control.
Article 139
The Head of the Supreme People’s Office of Supervision and Control shall be responsible and shall make his reports to the National Assembly and, when the latter is not in session, to its Standing Committee and to the country’s President.
Article 140
The Heads of the local People’s Offices of Supervision and Control are responsible for reporting to the People’s Councils on the situation in law enforcement in the respective localities, and shall answer the interpellations of the deputies to the People’s Councils.
