Politics of Vietnam - Judiciary

Judiciary

The Vietnamese judicial system is based upon Socialist legality. The country's highest judicial organ is the Supreme People's Court (SPC). The composition of the SCP includes the Chief Justice, Deputy Chief Judge, jurors and court secretaries. The structure of the SCP (from the top down) is as follows: Council of Judges, Commission of Judges, Central Military Court, Criminal Court, Civil Court, Appeal Court, and assisting staff. The Chief Judge of the SCP is elected by the National Assembly, while the President of the Socialist Republic has the power to nominate and dismiss the Deputy Chief Judge and judges at the Chief Judge's request. The Central Committee of the Vietnamese Fatherland Front introduces People's Jurors, which are in turn appointed by the Standing Committee of the National Assembly. According to the Government Web Portal, the operating principles of the courts are, during hearings, that the "judges and jurors are independent and only obey the laws." Justice and democracy within the system is supposedly ensured because legal decision-making is an open process. Jurors play an essential role, and defenders have the right of defence and to hire a lawyer.

The Supreme People's Procuracy (SPP), the Western equivalent to an attorney general, observes the implementation process of the Ministries, ministerial-level agencies, government organs, local authorities, social and economic organisations, the armed forces, security forces and the Vietnamese citizens in general. The SPP respects the Constitution and state laws, practices public prosecution as stated by the law and ensures law enforcement. The head of the SPP is elected, dismissed, or removed from office by a proposal of the President of the Socialist Republic to the National Assembly. The Deputy Heads, prosecutors and inspectors appointed by the SPP head can be dismissed by the President of the Socialist Republic on the Head's request.

The SPC is the highest court for appeal and review, and it reports to the National Assembly, which controls the judiciary’s budget and confirms the president’s nominees to the SPC and SPP. The SPP 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 Defence (MOD) has military tribunals, which have the same rules as civil courts. Military judges and assessors are selected by the MOD and the SPC, but the SPC has supervisory responsibility. Although the constitution provides for independent judges and lay assessors (who lack administrative training), the United States Department of State maintains that Vietnam lacks an independent judiciary, in part because the Communist Party 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 is also hampered by a shortage of lawyers and by rudimentary trial procedures. The death penalty often is imposed in cases of corruption and drug trafficking.