Judiciary of Vietnam
Encyclopedia
At the apex of the judiciary of Vietnam is the Supreme People’s Court of Vietnam (SPC), which is the highest court for appeal and review
. The SPC reports to the National Assembly of Vietnam
, which controls the judiciary’s budget and confirms the president’s nominees to the SPC and Supreme People’s Procuracy of Vietnam. The Supreme People’s Procuracy issues arrest warrants, sometimes retroactively. Below the SPC are district and provincial people’s courts, military tribunals, and administrative, economic, and labor courts. The people’s courts are the courts of first instance. The Ministry of Defense (MOD) has military tribunals, which have the same rules as civil courts. Military judges and assessors are selected by the MOD and SPC, but the SPC has supervisory responsibility. Although the constitution provides for independent judges and lay assessors (who lack administrative training), the U.S. Department of State maintains that Vietnam
lacks an independent judiciary, in part because the Vietnamese Communist Party (VCP) selects judges and vets them for political reliability. Moreover, the party seeks to influence the outcome of cases involving perceived threats to the state or the party’s dominant position. In an effort to increase judicial independence, the government transferred local courts from the Ministry of Justice to the SPC in September 2002. However, the Department of State saw no evidence that the move actually achieved the stated goal. Vietnam’s judiciary also is hampered by a shortage of lawyers and rudimentary trial procedures. The death penalty often is imposed in cases of corruption and drug trafficking.
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The SPC reports to the National Assembly of Vietnam
National Assembly of Vietnam
The Constitution of Vietnam recognizes the National Assembly of the Socialist Republic of Vietnam as "the highest organ of state power." The National Assembly, a 493-member unicameral body elected to a five-year term, meets twice a year...
, which controls the judiciary’s budget and confirms the president’s nominees to the SPC and Supreme People’s Procuracy of Vietnam. The Supreme People’s Procuracy issues arrest warrants, sometimes retroactively. Below the SPC are district and provincial people’s courts, military tribunals, and administrative, economic, and labor courts. The people’s courts are the courts of first instance. The Ministry of Defense (MOD) has military tribunals, which have the same rules as civil courts. Military judges and assessors are selected by the MOD and SPC, but the SPC has supervisory responsibility. Although the constitution provides for independent judges and lay assessors (who lack administrative training), the U.S. Department of State maintains that Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
lacks an independent judiciary, in part because the Vietnamese Communist Party (VCP) selects judges and vets them for political reliability. Moreover, the party seeks to influence the outcome of cases involving perceived threats to the state or the party’s dominant position. In an effort to increase judicial independence, the government transferred local courts from the Ministry of Justice to the SPC in September 2002. However, the Department of State saw no evidence that the move actually achieved the stated goal. Vietnam’s judiciary also is hampered by a shortage of lawyers and rudimentary trial procedures. The death penalty often is imposed in cases of corruption and drug trafficking.