Joint Circular No. 01/2011/TTLT-TANDTC-BQP-BNV on guiding the implementation of certain provisions of the Ordinance on Judges and Associate Judges of the People's Courts; and the Ordinance amending and supplementing some articles of the Ordinance on Judges and Associate Judges of the People's Courts.

JOINT CIRCULAR

Regarding guidance on the implementation of certain provisions of the Ordinance on Judges and Associate Judges of People's Courts; The Ordinance amending and supplementing certain articles of the Ordinance on Judges and Associate Judges of People's Courts

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BASED ON THE LAW ON ENACTMENT OF LEGAL DOCUMENTS;

Pursuant to the Law on the Organization of People's Courts;

Pursuant to the Ordinance on Judges and Associate Judges of People's Courts; the Ordinance amending and supplementing certain articles of the Ordinance on Judges and Associate Judges of People's Courts;

Pursuant to the Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

The Supreme People's Court, the Ministry of National Defense, and the Ministry of Home Affairs provide guidance on the implementation of certain provisions of the Ordinance on Judges and Associate Judges of People's Courts; the Ordinance amending and supplementing certain articles of the Ordinance on Judges and Associate Judges of People's Courts as follows:

PART I
JUDGE STANDARDS

Article 1. General Standards for Judges

The general standards for judges as prescribed in Clause 1, Article 5 of the Ordinance on Judges and Associate Judges of People's Courts include:

1. Vietnamese citizens loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having good moral character, integrity, and honesty, and being resolute in protecting the socialist legal system must be:

a) Strictly abiding by the Constitution, Party policies, State laws; not engaging in any actions that harm the independence, sovereignty, and territorial integrity of the Fatherland, the socialist regime, and the Socialist Republic of Vietnam.

b) Continuously studying, training, enhancing knowledge levels, work capabilities, political qualities, revolutionary ethics; fulfilling assigned tasks well; absolutely obeying the allocation and mobilization of agencies and organizations.

c) Respecting the people, serving the people with dedication, maintaining close ties with the people, listening to their opinions, and accepting their supervision; resolutely combating corruption, waste, and all manifestations of bureaucracy, arrogance, and arbitrary power.

d) Resolutely fighting against individuals and actions that harm the Party, the Fatherland, and the people, defending justice; having a spirit of self-criticism and criticism.

đ) Not falling under the cases specified in Article 2, Chapter I of Decision No. 57-QĐ/TW dated May 3, 2007 of the Politburo on "Certain Issues Concerning Internal Political Security of the Party".

e) Not engaging in activities prohibited by Article 15 of the Ordinance on Judges and Associate Judges of People's Courts.

f) Never having been convicted (including cases where the conviction has been expunged).

2. "Having a bachelor's degree in law" means holding a bachelor's degree in law from domestic universities authorized to train law majors according to the law; if the bachelor's degree in law is issued by a foreign educational institution, it must be recognized by the competent authority of Vietnam.

3. "Having been trained in adjudication procedures" means holding a certificate in adjudication procedure training from domestic institutions authorized to conduct such training according to the law; if the certificate is issued by a foreign educational institution, it must be recognized by the competent authority of Vietnam.

4. "Time working in legal affairs" refers to continuous working time since being classified into a civil servant rank as prescribed by law, including: Court Secretaries, Judicial Reviewers in the Court System; Inspectors, Investigators, Prosecutors in the Prosecution System; Police Officers at the intermediate level or above in the People's Police Force, Security Officers at the intermediate level or above in the People's Security Force, and Investigators in the People's Public Security Force; investigators and security personnel in the Military; Legal Specialists, Enforcement Officers, Notaries, Inspectors, Legal Advisors, and Lecturers specializing in law; time served as an Associate Judge upon election or appointment, and time spent as a lawyer also count as "time working in legal affairs."

5. "Having the capacity to perform adjudication work" means grasping and applying legal provisions in adjudicating cases and resolving other matters within the jurisdiction of the People's Courts; completing assigned tasks with quality and efficiency and ensuring the stipulated timeframe as evaluated and commented by the competent authority managing civil servants, or having published or applied research works on law with significant value.

6. "Having health sufficient to fulfill assigned tasks" means having full capacity for civil acts, in addition to necessary physical fitness, also includes appearance factors that do not have deformities or defects directly affecting posture, demeanor, or the performance of a Judge's duties.

7. For individuals currently under criminal investigation or disciplinary review but without a final decision from the competent person or organization, they do not meet the conditions to be proposed for selection and appointment as a Judge.

Article 2. Standards for Judges in Special Cases

According to Article 23 of the Judge and People's Court Appraiser Ordinance (amended and supplemented according to the Ordinance amending and supplementing certain provisions of the Judge and People's Court Appraiser Ordinance), for individuals who have not yet accumulated sufficient time working in legal affairs, have not been trained in adjudication business, but meet all other standards prescribed by the Ordinance, they can only be selected and appointed as Judges in special cases and be assigned by competent authorities to work at the People's Courts. A special case refers to a situation where if such individual is appointed as a Judge, they will also be appointed as President or Vice-President of the corresponding People's Court.

Chapter II
JUDICIAL SELECTION COUNCIL

Article 3. Operation Mechanism of the Judicial Selection Council

The Judicial Selection Council operates in accordance with the Working Regulations of the Judicial Selection Council issued by the Supreme People's Court after reaching consensus with the Ministry of National Defense, the Ministry of Public Security, and the Vietnam Fatherland Front Central Committee.

Article 4. Changes in Members of the Judicial Selection Council

1. Changes in members of the Supreme People's Court Judicial Selection Council and Military Court Judicial Selection Council:

When there is a need to change representatives from the leadership of the Ministry of National Defense, the Ministry of Public Security, the Vietnam Fatherland Front Central Committee, and the Vietnam Bar Association Central Committee to serve as members of the Supreme People's Court Judicial Selection Council and the Military Court Judicial Selection Council, the relevant agency or organization must submit a written document to the President of the Supreme People's Court along with the brief resume of the newly nominated candidate; the President of the Supreme People's Court prepares a report (including the document from the agency or organization whose representative needs to be changed and the brief resume of the newly nominated candidate) requesting the Standing Committee of the National Assembly to consider and decide on appointing members of the Supreme People's Court Judicial Selection Council and the Military Court Judicial Selection Council.

2. Changes in members of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts:

a) For ex officio members:

According to Clause 1 of Article 27 of the Judge and People's Court Appraiser Ordinance (amended and supplemented according to the Ordinance amending and supplementing certain provisions of the Judge and People's Court Appraiser Ordinance), the Chairman or Deputy Chairman of the Provincial People's Council serves as the Chairman of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts, therefore, when there is a change or reassignment between the Chairman and Deputy Chairman of the Provincial People's Council regarding the duty of serving as the Chairman of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts, the Standing Body of the Provincial People's Council shall notify the President of the Supreme People's Court in writing about such change or reassignment.

According to Clause 1 of Article 27 of the Judge and People's Court Appraiser Ordinance (amended and supplemented according to the Ordinance amending and supplementing certain provisions of the Judge and People's Court Appraiser Ordinance), the President of the Provincial People's Court is an ex officio member of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts, therefore, anyone appointed to the position of President of the Provincial People's Court or granted the authority of the President of the Provincial People's Court by the decision of the President of the Supreme People's Court shall automatically become a member of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts without needing a decision from the President of the Supreme People's Court to appoint them as a member of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts.

b) When there is a change in the representative from the leadership of the Provincial Department of Home Affairs, the Vietnam Fatherland Front Provincial Committee, and the Provincial Bar Association Committee serving as members of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts, the relevant agency or organization must submit a written document to the Chairman of the Provincial People's Council along with the brief resume of the newly nominated candidate; the Chairman of the Provincial People's Council shall submit a written document (including the document from the agency or organization whose representative needs to be changed and the brief resume of the newly nominated candidate) requesting the President of the Supreme People's Court to consider and decide on appointing members of the Intermediate and Primary Level Judicial Selection Councils under the People's Courts.

3. Changes in members of the Intermediate and Primary Level Judicial Selection Councils under the Military Courts:

When there is a need to change representatives from the leadership of the Ministry of National Defense, the Ministry of Public Security, the Vietnam Fatherland Front Central Committee, and the Vietnam Bar Association Central Committee to serve as members of the Intermediate and Primary Level Judicial Selection Councils under the Military Courts, the relevant agency or organization must submit a written document to the President of the Central Military Court along with the brief resume of the newly nominated candidate; the President of the Central Military Court shall submit a written document (including the document from the agency or organization whose representative needs to be changed and the brief resume of the newly nominated candidate) requesting the President of the Supreme People's Court to consider and decide on appointing members of the Intermediate and Primary Level Judicial Selection Councils under the Military Courts.

Article 5. Funding for the operation of the Judicial Selection Council

1. The funding for the operation of the Judicial Selection Council for Supreme People's Court judges and Central Military Court judges shall be included in the operational budget of the Supreme People's Court.

2. The funding for the operation of the Judicial Selection Council for mid-level judges and lower-level judges under the People's Courts shall be included in the operational budget of the provincial People's Court. Depending on local conditions, the Provincial People's Council may decide to provide partial funding from the local budget for the operation of the Judicial Selection Council for mid-level judges and lower-level judges under the People's Courts.

3. The funding for the operation of the Judicial Selection Council for mid-level judges and lower-level judges under the Military Courts shall be included in the operational budget of the Central Military Court. In necessary cases, the Minister of National Defense may decide to provide partial funding from the Ministry of National Defense's budget for the operation of the Judicial Selection Council for mid-level judges and lower-level judges under the Military Courts.

Chapter III
RESPONSIBILITIES FOR PERSONNEL PREPARATION, FILE PREPARATION AND
SETTLEMENT OF COMPLAINTS AND ACCUSATIONS IN THE SELECTION
AND APPOINTMENT, REMOVAL, AND DISMISSAL OF JUDGES

Article 6. Responsibilities for personnel preparation, file preparation, and settlement of complaints and accusations in the selection and appointment, removal, and dismissal of Supreme People's Court judges and Central Military Court judges

1. The responsibility for personnel preparation and file preparation for individuals proposed for selection and appointment; cases proposing removal or dismissal of Supreme People's Court judges and Central Military Court judges, as well as assisting the Judicial Selection Council for Supreme People's Court judges and Central Military Court judges in their selection work and proposing the President of the State to appoint, remove, or dismiss Supreme People's Court judges and Central Military Court judges shall be undertaken by the Organization and Cadre Department of the Supreme People's Court.

2. Settlement of complaints and accusations in the selection and appointment, removal, and dismissal of Supreme People's Court judges:

a) Before submitting to the President of the State: Complaints and accusations during this stage shall be investigated and clarified by the Organization and Cadre Department of the Supreme People's Court in coordination with relevant agencies and units according to the laws on complaint and accusation resolution; all supplementary materials shall be added to the file for the selection and appointment, removal, or dismissal of Supreme People's Court judges and Central Military Court judges.

b) After submission to the President of the State: Complaints and accusations during this stage shall be handled, explained, and reported to the President of the State by the Chairman of the Judicial Selection Council for Supreme People's Court judges and Central Military Court judges. In necessary cases or when requested by the President of the State, the Supreme People's Court and the Office of the President shall cooperate in handling complaints and accusations against individuals proposed for appointment, removal, or dismissal as Supreme People's Court judges and Central Military Court judges.

Article 7. Responsibilities for preparing personnel, preparing files, and handling complaints and denunciations in the selection and appointment, removal from office, and dismissal of intermediate-level judges and primary-level judges of the People's Court

1. The responsibility for preparing personnel and preparing files for individuals proposed for selection and appointment; cases proposing removal from office or dismissal of intermediate-level judges and primary-level judges of the People's Court shall be undertaken by the President of the Provincial People's Court. The Personnel - Cadres Department of the Provincial People's Court shall assist the President of the Provincial People's Court in preparing personnel and files for individuals proposed for selection and appointment; cases proposing removal from office or dismissal of judges, as well as assisting the Intermediate-Level Judge Selection Council and Primary-Level Judge Selection Council of the People's Court in their work of selection and proposing to the President of the Supreme People's Court for the appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the People's Court.

2. Handling complaints and denunciations in the work of selection and appointment, removal from office, and dismissal of intermediate-level judges and primary-level judges of the People's Court

a) Before submitting to the President of the Supreme People's Court: Complaints and denunciations at this stage shall be verified, clarified, and concluded by the President of the Provincial People's Court in coordination with relevant agencies and units according to the provisions of the law on handling complaints and denunciations; these materials shall be fully supplemented into the file proposing the selection and appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the People's Court.

b) After submission to the President of the Supreme People's Court: Complaints and denunciations at this stage shall be handled, explained, and reported to the President of the Supreme People's Court by the Chairman of the Intermediate-Level Judge Selection Council and Primary-Level Judge Selection Council of the People's Court. In necessary cases or when requested by the President of the Supreme People's Court, the Organization - Cadres Department of the Supreme People's Court and the President of the Provincial People's Court shall cooperate in handling complaint and denunciation letters against individuals proposed for appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the People's Court.

Article 8. Responsibilities for preparing personnel, preparing files, and handling complaints and denunciations in the selection and appointment, removal from office, and dismissal of intermediate-level judges and primary-level judges of the Military Court

1. The responsibility for preparing personnel and files for individuals proposed for selection and appointment; cases proposing removal from office or dismissal of intermediate-level judges and primary-level judges of the Military Court, as well as assisting the Intermediate-Level Judge Selection Council and Primary-Level Judge Selection Council of the Military Court in their work of selection and proposing to the President of the Supreme People's Court for the appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the Military Court shall be undertaken by the Personnel - Cadres Department of the Central Military Court.

2. Handling complaints and denunciations in the work of selection and appointment, removal from office, and dismissal of intermediate-level judges and primary-level judges of the Military Court

a) Before submitting to the President of the Supreme People's Court: Complaints and denunciations at this stage shall be directed by the President of the Military Court of the Military Region and equivalent units in coordination with relevant agencies and units to verify, clarify, and conclude according to the provisions of the law on handling complaints and denunciations; these materials shall be fully supplemented into the file proposing the selection and appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the Military Court. In necessary cases or when requested by the President of the Central Military Court, the Personnel - Cadres Department of the Central Military Court and the Military Court of the Military Region and equivalent units shall cooperate in handling complaint and denunciation letters against individuals proposed for appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the Military Court.

b) After submission to the President of the Supreme People's Court: Complaints and denunciations at this stage shall be directed by the Chairman of the Intermediate-Level Judge Selection Council and Primary-Level Judge Selection Council of the Military Court to handle, explain, and report to the President of the Supreme People's Court. In necessary cases or when requested by the President of the Supreme People's Court, the Organization - Cadres Department of the Supreme People's Court and the Central Military Court shall cooperate in handling complaint and denunciation letters against individuals proposed for appointment, removal from office, or dismissal of intermediate-level judges and primary-level judges of the Military Court.

Chapter IV
PREPARATION OF PERSONNEL AND SELECTION FILES
AND APPOINTMENT OF JUDGES

Article 9. Preparation of Personnel

The preparation of personnel for the Nomination Council to consider and select shall be carried out in the following steps:

1. For personnel within the People's Court system

Step 1: Based on work requirements, based on the proposals of units under the provincial People's Court and district-level People's Courts, the Organization and Cadre Department of the provincial People's Court prepares a report to the Party Committee of the provincial People's Court regarding the policy, number, and proposed allocation plans for the work assignments of individuals proposed for nomination and appointment as intermediate-level judges and primary-level judges.

The Party Committee and the Chief Justice of the provincial People's Court unify the list of individuals proposed for selection and appointment as intermediate-level judges and primary-level judges.

Step 2: The Chief Justice of the provincial People's Court organizes opinions from cadres and civil servants in the agency or unit where the individual works. The method of collecting opinions is as follows:

- Regarding the participants in the opinion collection: It includes all cadres and civil servants of the court where the individual proposed for selection and appointment as a judge works, if the court has less than 70 cadres and civil servants; if the court has 70 or more cadres and civil servants, then the participants in the opinion collection include judges and those with positions at or above Deputy Director level and equivalent.

- Regarding the form of opinion collection: The opinion collection is conducted at a meeting (or representative meeting) of cadres and civil servants of the agency or unit where the individual proposed for selection and appointment as a judge works, through secret ballot.

- Regarding the procedure for collecting opinions:

+ The Chief Justice of the provincial People's Court opens the meeting, states the purpose, composition of the meeting, and outlines the need for appointing judges;

+ Directly or through authorization, the Head of the Organization and Cadre Department of the provincial People's Court announces the list of individuals proposed for selection and appointment as intermediate-level judges and primary-level judges, unified by the leadership collective and the Party Committee of the provincial People's Court; disseminates the standards, duties, and powers of judges; summarizes the curriculum vitae, educational and work history; reads the assessment of strengths, weaknesses, prospects for development by the head of the agency or unit where the individual proposed for selection and appointment as a judge works; proposes work assignments after appointment.

+ Guides the recording of ballots and distributes ballots.

+ Participants in the opinion collection record and cast their ballots.

+ Checks the total number of ballots issued and collected, and seals the ballots at the meeting according to regulations.

Step 3: The leadership collective and the Head of the Organization and Cadre Department of the provincial People's Court conduct the ballot counting and prepare a record of the ballot counting; based on the results of the opinion collection, the leadership collective of the provincial People's Court discusses, assesses, and votes on personnel (by secret ballot). In principle, the proposed appointees must be approved by the majority of members of the leadership collective of the provincial People's Court.

Step 4: The Chief Justice of the provincial People's Court directs the preparation of files for individuals proposed for selection and appointment as judges.

2. For personnel outside the People's Court system

Step 1: Individuals currently working in agencies and organizations outside the People's Court system are introduced by the leadership of the provincial People's Court, the President of the Court, or the Head of the Organization and Cadre Department of the provincial People's Court, or the Chief Justice of the district-level People's Court, or the competent authority for nomination and appointment as intermediate-level judges and primary-level judges.

The leadership collective and the Party Committee of the provincial People's Court discuss and unify the policy and direct the implementation of the following tasks:

- Meeting with individuals proposed for nomination and appointment as intermediate-level judges and primary-level judges to exchange views on job requirements;

- Exchanging views with the leadership collective and the Standing Committee of the Party Committee of the agency where the individual proposed for nomination and appointment as an intermediate-level judge and primary-level judge works on the policy of transferring personnel;

- Collecting written assessments from the leadership collective and the Standing Committee of the Party Committee of the agency where the individual proposed for nomination and appointment as an intermediate-level judge and primary-level judge works;

- Verifying the curriculum vitae of individuals proposed for nomination and appointment as intermediate-level judges and primary-level judges.

Step 2: The leadership collective and the Party Committee of the provincial People's Court discuss, assess, and vote on proposed personnel for nomination and appointment as intermediate-level judges and primary-level judges (by secret ballot).

If a higher-level agency has a plan to transfer and appoint judges from external sources (outside the People's Court system or from a higher-level People's Court), opinions should be exchanged with the leadership collective of the People's Court receiving the cadre about the plan for transferring and appointing judges (if the People's Court receiving the cadre does not proactively propose).

Step 3: The Chief Justice of the provincial People's Court directs the preparation of files for individuals proposed for selection and appointment as judges.

3. The preparation of personnel, procedures, and files for individuals proposed for nomination and appointment as intermediate-level judges and primary-level judges belonging to the Military Court shall be carried out according to the personnel preparation process outlined above, while also being implemented according to the cadre work procedures in the Military.

Article 10. Personal file for application to select and appoint Judges

The personal file for application to select and appoint Judges shall include the following documents:

1. Voluntary application form to become a Judge (in accordance with Model No. 1 in the Appendix of this Joint Circular);

2. Curriculum vitae (with attached photograph measuring 4x6 cm), certified by the personnel management authority (in accordance with Model 2C-BNV/2008 issued pursuant to Decision No. 02/2008/QĐ-BNV dated October 6, 2008 of the Minister of Home Affairs);

3. Declaration of assets and income (in accordance with Model 1 issued pursuant to Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on asset and income transparency);

4. Certified copies of university graduation certificates in law, training certificates in adjudication practice, certificates and diplomas in political theory, state administration, and other relevant certificates and diplomas related to the selection and appointment of Judges (if any);

5. Self-criticism report of the person proposed for selection and appointment as a Judge (in accordance with Model No. 2 in the Appendix of this Joint Circular);

6. Evaluation report by the head of the agency, unit, or organization regarding the work performance, professional competence, political integrity, and conduct of the person proposed for selection and appointment as a Judge;

7. Minutes and results of opinions solicited from agencies, units, and organizations concerning the person proposed for selection and appointment as a Judge.

Article 11. Personal file for application to reselect and reappoint Judges

The personal file for application to reselect and reappoint Judges shall include the following documents:

1. Voluntary application form to become a Judge (Model No. 1A for Supreme People's Court Judges and Central Military Court Judges, and Model No. 1B for mid-level Judges and lower-level Judges in the Appendix of this Joint Circular);

2. Self-criticism report on work performance during the term as a Judge (in accordance with Model No. 3 in the Appendix of this Joint Circular);

3. Evaluation report by the head of the agency or unit regarding work performance, professional competence, political integrity, and conduct of the person proposed for reselection and reappointment as a Judge;

4. Updated curriculum vitae (with attached photograph measuring 4x6 cm) during the term as a Judge, certified by the personnel management authority (in accordance with Model 4a-BNV/2007 issued pursuant to Decision No. 06/2007/QĐ-BNV dated June 18, 2007 of the Minister of Home Affairs);

5. Declaration of assets and income during the term as a Judge (in accordance with Model No. 01A issued pursuant to Circular No. 01/2007/TT-TTCP dated January 22, 2010 of the Government Inspectorate on the model of Declaration of Assets and Income Supplement).

Article 12. File submitted to the Selection Council for Judges

The file submitted to the Selection Council for Judges shall include the following documents:

1. Proposal for selection and appointment of Judges by the authorized person.

2. Personal file in accordance with Article 10 or Article 11 of this Joint Circular. The personal file for application to select and appoint, or reappoint Judges shall be prepared in two original copies. Accompanying the file are two photographs (3x4 cm) for issuance of the Judge's Identification Card (if appointed).

3. List of candidates proposed for selection and appointment, or reappointment as Judges.

4. Other relevant documents pertaining to the selection and appointment, or reappointment of Judges (if any).

Article 13. Transfer of Nomination Proposal Files for Appointment and Reappointment of Judges to Members of the Judge Selection Council

After completing the file in accordance with Article 12 of this Joint Circular, the Director of the Organization-Cadre Department of the Supreme People's Court, the President of the Provincial People's Court, or the Head of the Organization-Cadre Department of the Central Military Court shall report to the Chairman of the Judge Selection Council to decide on convening a meeting of the Judge Selection Council. Based on the opinion of the Chairman of the Judge Selection Council, the Director of the Organization-Cadre Department of the Supreme People's Court, the President of the Provincial People's Court, or the Head of the Organization-Cadre Department of the Central Military Court shall make copies of the file specified in Article 12 of this Joint Circular and send them to the members of the Judge Selection Council.

Article 14. Files Submitted to the Authority with Competence to Decide on the Appointment and Reappointment of Judges

The files submitted to the authority with competence to decide on the appointment and reappointment of judges include the following documents:

1. The proposal of the Chairman of the Judge Selection Council regarding the nomination for appointment or reappointment of judges;

2. The minutes of the meeting of the Judge Selection Council;

3. The file specified in Article 12 of this Joint Circular.

Chapter V
PROCEDURES AND FILES FOR REMOVAL FROM OFFICE AND DISMISSAL OF JUDGES

Article 15. Situations Where Judges Are Automatically Relieved of Their Position

1. When judges retire or resign;

2. When judges transfer to other agencies, organizations, or units outside the judiciary upon the dispatch of competent authorities.

In these cases, the President of the Provincial People's Court or the President of the Central Military Court shall report in writing to the President of the Supreme People's Court, attaching a copy of the decision on retirement, resignation, or job transfer of that judge, to remove their name from the list of judges.

Article 16. Situations Where Judges Automatically Lose Their Position

For the situation where judges automatically lose their position as stipulated in Clause 1, Article 30 of the Ordinance on Judges and Lay Judges of the People's Courts, the President of the Provincial People's Court or the President of the Central Military Court shall report in writing to the President of the Supreme People's Court, attaching a copy of the judgment of the court that has taken legal effect against that judge, to delete their name from the list of judges.

Article 17. Files for Considering the Removal of Judges from Office

Judges may be relieved of their position according to Clause 2, Article 29 of the Ordinance on Judges and Lay Judges of the People's Courts. The files for considering the removal of judges from office include the following documents:

1. A request for relief from the position of judge, clearly stating the reasons for requesting such relief;

2. Documents proving the reasons for requesting relief from the position of judge, such as health certificates issued by authorized health agencies regarding the health condition or illness; family circumstances certificates... (if applicable);

3. The written opinion of the head of the unit directly employing the judge regarding the health condition, illness, or family circumstances or other reasons of the judge which, upon consideration, cannot ensure the completion of assigned tasks.

Article 18. Documents for Requesting Consideration of Dismissal from the Position of Judge

A Judge may be dismissed from the position of Judge when they fall under one of the circumstances stipulated in Clause 2, Article 30 of the Ordinance on Judges and Lay Judges of People's Courts. The documents for requesting consideration of dismissal from the position of Judge include the following:

1. The self-criticism report of the Judge who has committed one of the acts specified in Clause 2, Article 30 of the Ordinance on Judges and Lay Judges of People's Courts. In case the Judge refuses to write a self-criticism report, there must be a written report by the President of the Court where the Judge works;

2. Minutes of the disciplinary review meeting concerning the Judge who has violated the disciplinary rules, prepared by the Disciplinary Council;

3. Documents proving the violation committed by the Judge (if any);

4. Disciplinary decision issued by the person or agency or organization with authority over the Judge (if any).

Article 19. Documents Submitted to the Selection Council for Considering Resignation or Dismissal from the Position of Judge

The documents submitted to the Selection Council for considering resignation or dismissal from the position of Judge include the following:

1. The request for considering resignation or dismissal from the position of Judge made by the authorized person.

2. The documents as prescribed in Article 17 or Article 18 of this Joint Circular. The documents for requesting consideration of resignation or dismissal from the position of Judge shall be established in two original copies.

3. Other relevant documents related to resignation or dismissal from the position of Judge (if any).

Article 20. Transfer of Documents for Requesting Consideration of Resignation or Dismissal from the Position of Judge to Members of the Selection Council

After completing the documents as prescribed in Article 19 of this Joint Circular, the Director of the Organization and Cadres Department of the Supreme People's Court, the President of the Provincial People's Court, or the Head of the Organization and Cadres Department of the Central Military Court shall report to the Chairman of the Selection Council to decide on convening a session of the Selection Council. Based on the opinion of the Chairman of the Selection Council, the Director of the Organization and Cadres Department of the Supreme People's Court, the President of the Provincial People's Court, or the Head of the Organization and Cadres Department of the Central Military Court shall make copies of the documents as prescribed in Article 19 of this Joint Circular and send them to the members of the Selection Council.

Article 21. Documents Submitted to the Authority for Deciding Resignation or Dismissal from the Position of Judge

The documents submitted to the authority for deciding resignation or dismissal from the position of Judge include the following:

1. The proposal of the Chairman of the Selection Council regarding the request for resignation or dismissal from the position of Judge;

2. The minutes of the meeting of the Judge Selection Council;

3. The documents as prescribed in Article 19 of this Joint Circular.

Chapter VI
IMPLEMENTATION

Article 22. Effectiveness

1. This Joint Circular takes effect 45 days from the date of issuance.

2. This Joint Circular replaces Joint Circular No. 01/2003/TTLT/TANDTC-BQP-BNV-UBTWMTTQVN dated April 1, 2003 of the Supreme People's Court, the Ministry of National Defense, the Ministry of Public Security, and the Vietnam Fatherland Front Central Committee on guiding the implementation of certain provisions of the Ordinance on Judges and Lay Judges of People's Courts.

3. During the implementation process, if there are any difficulties requiring explanation or supplementary guidance, please reflect in writing to the Supreme People's Court, the Ministry of National Defense, and the Ministry of Public Security so that within their functions, tasks, and powers, timely explanations or supplementary guidance can be provided.