Topic comparison the court system in vietnam and in uk (england and wales)

Meanwhile, in terms of verticality, below The Supreme People's Court are: The People's High Courts 3 High Courts for the North, Centre and South of Vietnam; Provincial People’s Courts 63

MINISTRY OF JUSTICE HANOI LAW UNIVERSITY

ASSIGNMENT

LEGAL ENGLISH

TOPIC

Comparison the court system

in Vietnam and in UK (England and Wales)

Group: 01

Class N01

Ha Noi, 2023

ASSESSMENT TABLE

Group: 01 Class: N01

Working plan:

- 01/10/2023: Choosing a topic

- 05/10/2023: Researching about our topic

- 12/10/2023: Group meetings, assign tasks, start writing

- 30/10/2023: Fixing and completing

1 Work division and group meetings

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m

b

e

r

s

MS

SV

Full name

Part of work

Work progr ess (on time)

Completion level

Group meetings

Classi- ficati-on

Yes No Bad

Medi-um

Go-od parti-Full cipat-ion

Enth- usias-tic

1 472901 Phạm

Châu Việt Hương

Comparison the jurisdic-tion of Vietnamese and UK senior courts

2 472902 Phạm

Thùy Dương

3 472903 Hà

Thúy Ngân

Comparion the jurisdic-tion of district people’s court in Vietnamese and the magistrate court in the UK

Hanoi, 30th Oct, 2023

Leader

2 Comparison the jurisdiction of Vietnamese and UK courts 5 2.1 Compare jurisdiction of District People’s Court in Vietnam and The Magistrate Court, The

2.2 Compare jurisdiction of provincial courts in Viet Nam and crown court, high court of justice

The court is an agency of the state apparatus system with the function of adjudicating, representing the judicial branch Therefore it is not difficult to detect that the court system in the majority of the world speaks for justice and righteousness However, depending on State, politics, law, the courts in

various countries have several differences For example, the Vietnamese court and the UK (England and Wales) court

CONTENT

1 Overview

1.1 Function

In Viet Nam, based on Article 2 of the Law on Court Organization 2014:

“The People's Court is the judicial body of the Socialist Republic of Vietnam, exercising judicial power The People's Court is responsible for protecting

justice, human rights, civil rights, the socialist regime, the interests of the State, and the legitimate rights and interests of organizations and individuals.”

Accordingly, in our country, the main role of the court is protecting justice Besides, the Vietnamese court can also participate or support the legislative and executive field in several special ways

Similarly, within the UK, the judiciary's role is to ensure laws are

properly implemented It does this by interpreting the law and then enforcing it Another important role of the UK judiciary is judicial review (the Queen's Court

is responsible for overseeing all the lower courts and government agencies on   behalf of the King) Judicial review allows the courts to review a decision or action by a public body, such as a government agency or local authorities1 Moreover, the UK courts carry out legislative duty (managed by the Senate) as a central part2 This is the important point that contrasts with the Vietnamese court In Vietnam, although the court is able to participate or support other branches in special ways, legislative duty or judicial review is unclearly noticed

as a central role

Therefore, the differences in the court structures of the two countries are observable

1 h ttps://www.studysmarter.co.uk/explanations/politics/uk-government/uk-judicial-system/

2

https://thuvienphapluat.vn/cong-dong-dan-luat/so-sanh-he-thong-toa-an-anh-va-toa-an-viet-nam-3

1.2 Structure

Viet Nam and UK are both unitary country but the UK or United

Kingdom of Great Britain and Northern Ireland is the consolidation of England and Wales, Northern Ireland, and Scotland Thus, there are three separate

judicial systems England and Wales, Northern Ireland, and Scotland each have their own jurisdictions The UK Supreme Court is the last court of appeal for all three court systems and is the main court that handles constitutional issues

Beforehand, in Viet Nam, The People’s Court consists of 4 levels, divided into 2 branches and headed by the Supreme People's Court Under The Supreme People’s Court, there are 2 branches: The People’s Courts and The Military Court Therein, while The People’s branch try the citizen cases, Military courts are established in the Vietnam People's Army to hear cases in which defendants are persons in service and other cases as prescribed by the laws3

Meanwhile, in terms of verticality, below The Supreme People's Court are: The People's High Courts (3 High Courts for the North, Centre and South of Vietnam); Provincial People’s Courts (63 Provincial Courts); District People’s Courts (710 District Courts); Corresponding to that are 3 levels of Military Courts includes: Central Military Court; Military Courts of military zones and the equivalents; Regional Military Courts

On the other hand, in the UK, the central Westminster government shares its power with Scotland and Northern Ireland

Internally, the judicial system in England and Wales consists of five levels: The Court of Appeal is divided into two divisions: criminal and civil; The High Court contains three divisions: the Queen's Bench, Family, and

Chancery; The Crown Court; Magistrate's Court

However, the UK Supreme Court is the final court of appeal for all three judiciary systems in the UK and is what unit them

In general, differences in traditional and historical factors create the

difference between the Vietnamese and UK court systems In particular, the British court system is a combination of 3 areas, so it is more complicated Nonetheless, both court systems are unified by the Supreme Court

1.3 Litigation Model

The interrogation procedure model is used by the Vietnamese court

system In this model, the judge is both the person who makes the decision to investigate the case and is the person responsible for finding the truth, who directs the entire proceedings Power is more concentrated in the judge than in the UK litigation model

In contrast to the Vietnamese Court system, the litigation model is used

by the UK court system in the adjudication process Conducting Legal

3 https://www.toaan.gov.vn/webcenter/portal/spc/about?dDocName=TOAAN011033

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proceedings is the responsibility of the parties (the parties' attorneys) Litigation does not have an investigation stage All evidence is collected by the parties and can only be argued at the trial Each party has the right to ask questions directly

to the other party as well as witnesses, experts, The judge acts as an

arbitrator responsible for ensuring that the parties comply with the law On the basis of evidence presented by the parties for consideration and examination at the trial, the judge then makes a judgment on the case

2 Comparison the jurisdiction of Vietnamese and UK courts

2.1 Compare jurisdiction of District People’s Court in Vietnam and The Magistrate Court, The County Court in the UK

2.1.1 Jurisdiction of District People’s Court in Vietnam

According to Article 44 in Law on Organization Courts 2014, The District People’s Court have duties and power which are to conduct first-instance trials of cases and to settle other matters prescribed by law Because of that, in Viet Nam, The District People’s Courts have only original jurisdiction over first-instance cases and in some cases, they also can assist appellate courts

  Firstly, in civil cases, according to Article 35 in Civil Procedure Code 2015, the jurisdiction of District People's Courts are to hear first-instance of civil matters, marriage and family, business/trade activities, labor disputes

Secondly, in criminal cases, according to Clause 1, Article 268 in Criminal Procedure Code 2015, The District People ‘s Court also have original jurisdiction

in cases like misdemeanors, felonies and horrific felonies

Besides, for the reason they are responsible for dealing with many matters, The District People’s Courts may also have criminal, civil, family and juvenile, and administrative courts 4with their own jurisdictions which are specified in Article 36 in Civil Procedure Code 2015

2.1.2 Jurisdiction of The Magistrate Court and The County Court in the UK

a Jurisdiction of The Magistrate Court in The UK (in criminal court)

Normally, the majority of criminal court cases are started and dealt with in a Magistrates Court In criminal proceedings, magistrates deal with three kinds of cases consist of: summary offences (with less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury), either-way offences (theft and handling stolen goods) and indictable-only offences (such as murder, manslaughter, rape and robbery)

4 https://kenfoxlaw.com/vietnamese-peoples-court-system-and-how-it-works-in-vietnam

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Besides, magistrates have some limited civil jurisdiction They deal with issues such as family matters except divorce; recovery of unpaid council tax, charges for water, gas and electricity Moreover, civil decisions of the magistrate courts may be appealed to the County court.5

 b Jurisdiction of The County Court in The UK (in civil court)

    The County Court deals with civil (non-criminal) matters and civil court cases arise where an individual or a business believes their rights have been infringed) All County Court centres can deal with contract (where there are no complex legal issues and the value of the claim is under £15,000), tort cases (except for personal injury cases where the value of the claim run up to £50,000) and family jurisdiction (in domestic violence cases, ancillary relief, private and public law of children)

2.2 Compare jurisdiction of provincial courts in Viet Nam and crown court, high court of justice in the UK

2.2.1 Jurisdiction of provincial courts in Viet Nam

According to Article 37 in Law on organization of People’s Court 2014, people’s courts of provinces have duties and powers which are to conduct first-instance trials of cases and to conduct appellate trials of cases from districts court

First of all, in civil cases, the provincial people’s court conduct the first-instance cases which are stated at Article 37 in Civil Procedure Code 2015 include

of civil, marriage and family-related, business, trade or labor disputes. 

Also, the provincial people’s court also conduct appellate trial In Civil cases, appellate jurisdiction belongs to specialized courts of the provincial people's courts such as Civil Court, Family and Juvenile Court, Economic Court, Labor Court which are mentioned at Article 38 in Civil Procedure Code 2015 They need to resolve appellate procedures related cases which have not yet had a legal effect of district people’s court

Secondly, not only in civil cases, the provincial people’s court also hear criminal cases at first-instance in Clause 2 Article 268 in Criminal Procedure Code 2015 such as criminal cases beyond the jurisdiction of a district People’s Court or related to defendants, crime victims or litigants and criminal lawsuit or comprise complex facts or is involved in various sectors and levels of authority or

is brought against a defendant who is a judge, procurator, investigator, primary governmental leaders

Besides, The Provincial Court hear appeal in Criminal cases, according to Clause 1 Article 344 in Criminal Procedures Code 2015: “A provincial People’s

5 https://www.judiciary.uk/wp-content/uploads/2016/05/international-visitors-guide-10a.pdf

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Court shall have appellate jurisdiction over a district People’s Courts judgments and rulings being appealed.”

2.2.2 Jurisdiction of High Court of Justice and Crown Court in the UK

a Jurisdiction of High Court of Justice

The High Court has both original and appellate jurisdiction, mostly in civil matters and only occasionally in criminal cases It has three divisions: Queen’s Bench Division, Chancery Division and Family division

Queen’s bench Division – This is the main court and deals primarily with contract and tort cases This court hears appeals on a point of law by way of case stated from a Magistrates’ Court, Crown Court or tribunal6

Family Division: This court deals with all aspects of family matters, including divorce, related children and financial claims, adoption and care proceedings This court hears appeals from the decisions of Magistrates’ Courts, and County Courts in respect of family-related matters.7

Chancery Division: The modern version of this court deals with partnership disputes, company law, disputes about wills or trusts, bankruptcy, sale of land and the creation of mortgages This court hears appeals on decisions made in bankruptcy and insolvency cases originally decided in the County Court8

b Jurisdiction of Crown Court

The Crown Court deals with the most serious criminal offences This court hear: serious criminal cases (murder, rape, robbery,…), criminal cases passed on from the Magistrates’ Court as they’re more serious offences and appeals against a Magistrates’ Court conviction or sentence

2.3 The High People’s Court of Vietnam and the Court of Appeal of UK

2.3.1 The High People’s Court of VN

The High People’s Court is a superior court in Vietnam The Standing Committee of the National Assembly of the Socialist Republic of Vietnam adopted Resolution No.957/NQ-UBTVQH13 establishing three High People’s Courts in Hanoi, Da Nang, and Ho Chi Minh City, which represents for three regions: North, Central and South on May 28, 2015 The High People’s Court hears appeals of trial decisions, judgments of Provincial People’s Court under

6 Queen’s Bench Division | Civil Procedure, Judicial Review & Appeals | Britannica

7 Family Division of the High Court - GOV.UK (www.gov.uk)

8 Chancery Division - Courts and Tribunals Judiciary

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direct central authority within their territorial jurisdiction which have not yet taken legal effect and are appealed or protested against in accordance with the procedural law

One more jurisdiction of the High People’s Court is to review under cassation or re-opening procedure legally effective judgments or decisions of   People's Courts of provinces, municipalities, rural districts, urban districts, towns, cities or the equivalents within their territorial jurisdiction which are protested against in accordance with the procedural law9

2.3.2 Court of Appeal of the UK

The Court of Appeal is a superior court which is divided into two

Divisions: Criminal and Civil

In the criminal division, the Court of Appeal appeals from trials on indictment in the Crown Court The defense may appeal against the conviction and/or sentence In an appeal against conviction, the court may advocate or quash the conviction or order a new trial Where there is an appeal against the sentence, the court may confirm or reduce the sentence or substitute one form of sentence for another

In civil division, the court hears appeals from the High Court, county courts (except in bankruptcy cases) and various tribunals, such as the Lands Tribunal and the Employment Appeal Tribunal It may advocate or reverse the decision of the lower court, or modify the award of damages or even order a new trial.10

2.3.3 Leapfrog appeals within the hierarchy

There is a unique point making the UK court system different from Vietnamese ones is the “leapfrog” with respect to civil matters. 

A leapfrog appeal is where there is an exclusion clause bypassing the procedure of a case going to the Court of Appeal and enabling it to reach

directly to the Supreme Court Cases as such reach instantly from the High Court, therefore known as the ‘leapfrog appeal”

Particularly, in certain cases, and subject to certain conditions, an appeal lies direct to The Supreme Court from the High Court in England and Wales Under sections 12 to 16 of the Administration of Justice Act 1969, appeals in civil matters may exceptionally be permitted to be made direct to The Supreme

9 https://www.toaan.gov.vn/webcenter/portal/spc/about?dDocName=TOAAN011028

10 Keenan and Riches’ Business Law, Sarah Riches and Vida Allen

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