PRESIDENT, PEOPLE’S COURT AND PEOPLE’S PROSECUTION IN VIETNAM

The President, the People’s Court and People’s Prosecution are essential organs of Vietnamese State.

  • President:
    • The President is the Head of State representing internally and externally and is elected by the National Assembly from among its members. Furthermore, the President also has rights in the legislative (obligation and power to promulgate the constitution, laws, and degrees), executive (proposing the National Assembly to elect, release from duty and remove from office the Prime Minister; and so on) and judicial fields (proposing the National Assembly to elect, relieve from duty or remove from office the Chief Justice of the Supreme People’s Court or Procurator General of the Supreme People’s Procuracy, and so on).
    • The President has power to grant pardons.
    • In order to assume rights and obligations, he is entitled to attend sessions of Standing Committee of the National Assembly, and whenever he considers necessary, he also attend meetings of the Government.
Art 86, Art 88, Art 90, Art 105, and Art 108 of Constitution of Vietnam 2013
  • People’s Court and People’s Prosecution:
    • Courts are a part of the State machinery. According to the Constitution 2013 and the Law on Organization of People’s Courts 2014, the Supreme People’s Court, Local People’s Court, Military Courts and the others regulated by the law are the judicial bodies of Vietnam. These courts are uniquely vested with the judging function in criminal, civil, administrative cases, and others cases stipulated by the law.
    • The People’s Courts have the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and interests of organizations and individuals. In the process of addressing cases, several bodies participate, such as an investigation body, the procuracy, and the courts (only courts are entitled to decide cases).
    • The people’s Procuracies supervise the implementation of the law in the State organ, organizations and citizens. Furthermore, they also execute the right of public prosecution to ensure the law shall be applied strictly and consistently.

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