CHAPTER X
THE PEOPLE'S COURT AND THE
PEOPLE'S OFFICE OF SUPERVISION AND CONTROL
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- 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 the
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
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- 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 organizations shall be set up to
deal with minor offences and disputes among the people according to the
provisions of the law.
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- 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.
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- 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.
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- ARTICLE 130:
During a trial the judges and assessors are independent and shall only
obey the law.
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- ARTICLE 131:
The People's Courts shall hold their hearings in public, expect in cases
determined by law.
The People's Courts shall try their cases collegially and their decisions
shall be in conformity with the will or the majority.
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- 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 organization 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.
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- 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.
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- 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 local 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.
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- 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 and makes his
reports, to the People's Council.
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- 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 organizations, people's armed units and all citizens ; they must be
seriously implemented by the individuals and organs concerned.
THE PEOPLE'S OFFICE
OF SUPER VISION AND CONTROL
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- 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 organizations, 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.
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- 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 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.
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- ARTICLE 139:
The Head of the Supreme People's Office of Supervision and Control
shall be responsible and 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.
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- ARTICLE 140:
The Heads of the local People's Offices of Supervision and Control are
responsible fir reporting to the People's Councils on the situation in law
enforcement in the respective localities, and shall answer the interpellation of
the deputies to the People's Councils.
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