Jurisdictions of the Supreme People's Court of Appeal
From July 1, the Supreme People's Court of Appeal will take over its duties and exercise its jurisdiction according to the territory. Specifically, appeals will be made to criminal, administrative and civil cases that have not been resolved by the High People's Court; cases in which the appellate judgments and decisions of the High People's Court have been annulled for re-settlement under the appellate procedure; appeals to criminal cases accepted by the provincial People's Court under the first instance procedure before July 1, 2025, but the judgments and decisions of the provincial People's Court have not yet taken effect and are appealed or protested. Appeals to criminal cases in which the first instance judgments and decisions of the provincial People's Court have been annulled and re-settled under the first instance procedure, but then the first instance judgments and decisions have not yet taken effect and are appealed or protested. Appeals to criminal cases accepted by the provincial People's Court under the first instance procedure from July 1, 2025 according to the provisions of Clause 2, Article 268 of the Criminal Procedure Code; Appeal of administrative cases and civil cases resolved by the provincial People's Court under the first instance procedure where the judgment or decision has not yet taken effect and is appealed or protested.
The Supreme People's Court of Appeal resolves requests for reconsideration and protests against decisions to open or not open bankruptcy proceedings, decisions to declare enterprises and cooperatives bankrupt under the jurisdiction of the High People's Court; resolves requests for reconsideration and protests against decisions to declare enterprises and cooperatives bankrupt by the Provincial People's Court; resolves other cases resolved by the Provincial People's Court that have requests, proposals, recommendations, and protests according to the provisions of law; resolves other cases under the jurisdiction of the High People's Court, including: Resolving petitions or petitions for reconsideration of decisions to recognize successful mediation and dialogue results that have been mediated and dialogued at the Provincial People's Court; resolving according to the appeal procedure against first-instance decisions of the Provincial People's Court that are appealed or protested. For example, decisions to postpone the execution of prison sentences; decisions to reduce the term of execution of prison sentences... according to the provisions of the Law on Enforcement of Criminal Judgments. Resolve complaints, denunciations, proposals, recommendations, and requests related to the chief justice, judges, examiners, and court clerks of the High People's Court or related to judgments, decisions, and documents of the High People's Court according to the appeal procedure. Resolve other cases according to the provisions of law under the jurisdiction of the Supreme People's Court of Appeal and resolve other cases according to the provisions of law.
Duties and powers of the Supreme People's Court
According to the draft Resolution, the Supreme People's Court shall take over the tasks and exercise the authority to review and re-examine judgments and decisions of provincial-level People's Courts that have come into legal effect; review and re-examine judgments and decisions of provincial-level People's Courts that have come into legal effect but have not yet been resolved by the High People's Court; review and re-examine judgments and decisions of the Supreme People's Court of Appeal that have come into legal effect in criminal, administrative, civil and other cases; review and re-examine judgments and decisions of high-level People's Courts that have come into legal effect; resolve petitions and recommendations for decisions declaring enterprises and cooperatives bankrupt under special procedures; resolve complaints, denunciations, requests, recommendations and requests related to the chief justice, judges, examiners and court clerks of the High People's Court or related to judgments, decisions and documents of the High People's Court; Resolve other cases according to the provisions of law under the jurisdiction of the Supreme People's Court; resolve other cases according to the provisions of law under the jurisdiction of the High People's Court, except for the cases specified in Article 3 of this Resolution on the tasks and jurisdiction of the Supreme People's Court of Appeal.
Article 3 of the resolution is based on the provisions of the Law on Organization of People's Courts, the Law on Criminal Procedure, the Law on Civil Procedure, the Law on Administrative Procedure, the Law on Juvenile Justice, the Law on Bankruptcy, the Law on Mediation and Dialogue in Court and relevant laws and resolutions.
Proposal to establish 3 Supreme People's Court of Appeals
The Standing Committee of the National Assembly issued a draft Resolution approving the proposal of the Chief Justice of the Supreme People's Court on the Courts of Appeal, departments, offices and equivalents, and press agencies of the Supreme People's Court; regulating the territorial jurisdiction of the Court of Appeal of the Supreme People's Court. Accordingly, the Standing Committee of the National Assembly approved the proposal of the Chief Justice of the Supreme People's Court on the Courts of Appeal of the Supreme People's Court, including: the Courts of Appeal of the Supreme People's Court in Hanoi , Da Nang and Ho Chi Minh City.
Specifically, the Supreme People's Court of Appeal in Hanoi has territorial jurisdiction over 18 provinces and centrally run cities, including: Hanoi, Hai Phong and the provinces: Tuyen Quang, Lao Cai, Lai Chau, Dien Bien, Lang Son, Cao Bang, Son La, Thai Nguyen, Phu Tho, Quang Ninh, Bac Ninh, Hung Yen, Ninh Binh, Thanh Hoa, Nghe An, Ha Tinh. The Supreme People's Court of Appeal in Ho Chi Minh City has territorial jurisdiction over 9 provinces and centrally run cities, including: Ho Chi Minh City, Can Tho City and the provinces: Dong Nai, Tay Ninh, Lam Dong, Vinh Long, Dong Thap, An Giang, Ca Mau. The Supreme People's Court of Appeal in Da Nang City has territorial jurisdiction over 7 provinces and centrally run cities, including: Da Nang City, Hue City and the provinces: Quang Tri, Quang Ngai, Gia Lai, Khanh Hoa, Dak Lak.
NR (General)
Source: https://baoangiang.com.vn/tham-quyen-toa-phuc-tham-toa-an-nhan-dan-toi-cao-a423292.html
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