Ordinance No. 02/2002/PL-UBTVQH11 on Judges and Lay Judges of People's Courts

ORDINANCE

Regarding Judges and Lay Assessors of People's Courts

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

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

This Ordinance stipulates on Judges and Lay Assessors of People's Courts.

Chapter 1:

GENERAL PROVISIONS

Article 1

1. A Judge is a person appointed in accordance with the provisions of the law to perform the task of adjudicating cases and resolving other matters within the jurisdiction of the Court.

2. A Lay Assessor is a person elected or appointed in accordance with the provisions of the law to perform the task of adjudicating cases within the jurisdiction of the Court.

Article 2

1. Judges of People's Courts in the Socialist Republic of Vietnam include:

a) Judges of the Supreme People's Court;

b) Judges of provincial-level People's Courts including Judges of provincial and centrally-administered city People's Courts;

c) Judges of district-level People's Courts including Judges of district, urban district, town, and centrally-administered city district People's Courts;

d) Judges of military courts at all levels including Judges of the Central Military Court which is concurrently a Judge of the Supreme People's Court; Judges of military courts at military region level including Judges of military region courts and equivalent courts; Judges of military courts in regions.

2. Lay Assessors of People's Courts in the Socialist Republic of Vietnam include:

a) Lay Assessors of provincial and centrally-administered city People's Courts, Lay Assessors of district, urban district, town, and centrally-administered city district People's Courts (collectively referred to as Lay Assessors of the People);

b) Military Lay Assessors of military region courts and equivalent courts; Military Lay Assessors of regional military courts (collectively referred to as Military Lay Assessors).

Article 3

The adjudication of local People's Courts involves Lay Assessors of the People; the adjudication of military courts at military region level and regional military courts involves Military Lay Assessors according to the provisions of procedural law. When adjudicating, Lay Assessors are equal in authority to Judges.

Article 4

When adjudicating, Judges and Lay Assessors are independent and only adhere to the law.

Article 5

1. Vietnamese citizens who are loyal to the country and the Constitution of the Socialist Republic of Vietnam, have good moral qualities, are honest and truthful, have a spirit of resolutely protecting socialist rule of law, hold a bachelor's degree in law and have been trained in adjudication practice, have practical working experience, possess the ability to perform adjudication work as prescribed by this Ordinance, and have health conditions ensuring the completion of assigned tasks may be selected and appointed as Judges.

2. Vietnamese citizens who are loyal to the country and the Constitution of the Socialist Republic of Vietnam, have good moral qualities, are honest and truthful, have legal knowledge, have a spirit of resolutely protecting socialist rule of law, resolutely struggle to protect the interests of the State, the rights and legitimate interests of citizens, and have health conditions ensuring the completion of assigned tasks may be elected or appointed as Lay Assessors.

Article 6

Judges and Lay Assessors are responsible before the law for the performance of their duties and powers; if they commit acts violating the law, they will be subject to disciplinary action or criminal prosecution according to the provisions of the law depending on the nature and extent of the violation.

, Clause 1, Clause 2 Article 7a of this Regulation.

Judges and Lay Assessors must keep state secrets and work secrets in accordance with the provisions of the law.

Article 8

If Judges and Lay Assessors cause damage while performing their duties and powers, the People's Court where they conduct adjudication shall bear responsibility for compensation, and the Judge or Lay Assessor causing the damage shall be responsible for reimbursing the People's Court according to the provisions of the law.

Article 9

Judges and Lay Assessors are provided with training in adjudication work.

The Chief Justice of People's Courts at various levels within the scope of their duties and powers is responsible for organizing training for Judges and Lay Assessors.

Article 10

1. Judges and Lay Assessors must respect the people and be subject to the supervision of the people.

When discovering acts contrary to the law committed by Judges or Lay Assessors, state agencies, the Vietnam Fatherland Front Committee, member organizations of the Front, other social organizations, economic organizations, and armed forces units have the right to request, propose, or lodge complaints; individuals have the right to lodge complaints or denunciations with competent authorities to examine the responsibility of Judges or Lay Assessors.

2. When performing their duties and powers, Judges and Lay Assessors have the right to contact state agencies, the Vietnam Fatherland Front Committee, member organizations of the Front, other social organizations, economic organizations, armed forces units, and citizens. Within the scope of their functions and tasks, these agencies, organizations, and citizens have the responsibility to create favorable conditions for Judges and Lay Assessors to perform their duties.

It is strictly prohibited to obstruct Judges and Lay Assessors from performing their duties.

Chapter 2:

DUTIES, POWERS OF JUDGES. REGIME FOR JUDGES. ASSIGNMENT AND DETACHMENT OF JUDGES

Article 11

Judges perform the task of adjudicating cases and resolving other matters within the jurisdiction of the Court according to the assignment of the Chief Justice of the Court where they work or the Court where they are temporarily assigned to perform tasks for a limited period.

The specific duties and powers of Judges are prescribed by law.

Article 12

Judges have the right to require agencies, organizations, and individuals to enforce decisions related to case resolution or other matters as prescribed by law.

Article 13

Judges must set an example in complying with the Constitution and laws, lead a healthy lifestyle, and respect public life rules, participate in the dissemination and popularization of laws.

Article 14

Judges have the responsibility to study and research to improve their professional and vocational qualifications in the Court.

Article 15

Judges shall not engage in the following activities:

1. Activities that the law prohibits civil servants from engaging in;

2. Providing advice to suspects, defendants, parties, or other participants in proceedings that would result in the resolution of cases or other matters not in accordance with the law;

3. Illegally interfering with the resolution of cases or using their influence to affect those responsible for resolving cases.

4. Removing case files or documents within the file out of the agency unless it is for assigned tasks or with the consent of authorized personnel;

5. Meeting with the accused, defendant, party involved, or other persons participating in the proceedings outside designated locations when they have jurisdiction over such cases.

Article 16

Judges must refuse to participate in adjudication or be replaced in cases prescribed by procedural law.

Article 17

1. Judges have a separate salary grade, enjoy responsibility allowances and other allowances prescribed by law.

2. When performing tasks, Judges are exempt from tolls, ferry charges, and road fees as prescribed by law.

Article 18

Judges are provided with uniforms and Judge Identification Cards to perform their duties.

The model of attire, the distribution and usage of attire, and the Judge Identification Card shall be prescribed by the President of the Supreme People's Court to the Standing Committee of the National Assembly.

Article 19

1. In order to ensure that local People's Courts perform their functions and duties, the President of the Supreme People's Court decides:

a) To transfer Judges from one local People's Court to another at the same level;

b) To assign Judges from one local People's Court to another at the same level for a limited period.

2. In order to ensure that Military Courts perform their functions and duties, the Minister of National Defense decides:

a) To transfer Judges from one Military Court to another at the same level after coordinating with the President of the Supreme People's Court;

b) To assign Judges from one Military Court to another at the same level for a limited period.

Chapter 3:

STANDARDS FOR JUDGES. PROCEDURES FOR SELECTION, APPOINTMENT, REMOVAL FROM OFFICE, AND DISMISSAL OF JUDGES

Article 20

A person who meets the standards stipulated in Clause 1 of Article 5 of this Ordinance, has worked in legal affairs for at least four years, and possesses the ability to adjudicate cases and resolve matters within the jurisdiction of the People's Court at the district level or the Military Court at the region level may be selected and appointed as a Judge of the People's Court at the district level; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Military Court at the region level.

Article 21

1. A person who meets the standards stipulated in Clause 1 of Article 5 of this Ordinance and has served as a Judge of the People's Court at the district level or the Military Court at the region level for at least five years, and possesses the ability to adjudicate cases and resolve matters within the jurisdiction of the People's Court at the provincial level or the Military Court at the military zone level may be selected and appointed as a Judge of the People's Court at the provincial level; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Military Court at the military zone level.

2. In case of personnel needs of the People's Court system, a person who meets the standards stipulated in Clause 1 of Article 5 of this Ordinance and has worked in legal affairs for at least ten years, and possesses the ability to adjudicate cases and resolve matters within the jurisdiction of the People's Court at the provincial level or the Military Court at the military zone level may be selected and appointed as a Judge of the People's Court at the provincial level; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Military Court at the military zone level.

Article 22

1. A person who meets the standards stipulated in Clause 1 of Article 5 of this Ordinance and has served as a Judge of the People's Court at the provincial level or the Military Court at the military zone level for at least five years, and possesses the ability to adjudicate cases and resolve matters within the jurisdiction of the Supreme People's Court or the Central Military Court may be selected and appointed as a Judge of the Supreme People's Court; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Central Military Court.

2. In case of personnel needs of the People's Court system, a person who meets the standards stipulated in Clause 1 of Article 5 of this Ordinance and has worked in legal affairs for at least fifteen years, and possesses the ability to adjudicate cases and resolve matters within the jurisdiction of the Supreme People's Court or the Central Military Court may be selected and appointed as a Judge of the Supreme People's Court; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Central Military Court.

Article 23

In case of necessity, a person working in the People's Court system or a person assigned by an authorized agency or organization to work in the People's Court system, even though they have not yet met the required time as a Judge of the People's Court at a lower level or have not yet met the required time in legal work, but meet other standards stipulated in Articles 20, 21, or 22 of this Ordinance, may be selected and appointed as a Judge of the People's Court at the district level, a Judge of the People's Court at the provincial level, or a Judge of the Supreme People's Court; if such person is an active-duty military officer, they may be selected and appointed as a Judge of the Military Court at the region level, a Judge of the Military Court at the military zone level, or a Judge of the Central Military Court.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The term of office of a Judge is five years, counted from the date of appointment.

Article 25

1. The Selection Council for Judges of the People's Courts consists of:

a) The Selection Council for Judges of the Supreme People's Court and the Central Military Court;

b) The Selection Councils for Judges of the People's Courts at the provincial level and the district level;

c) The Selection Council for Judges of the Military Courts at the military zone level and the region level.

2. The Selection Council for Judges operates on a collective basis. Decisions of the Selection Council for Judges must be approved by more than half of the total number of members.

Article 26

1. The Selection Council for Judges of the Supreme People's Court and the Central Military Court includes the President of the Supreme People's Court as Chairperson, representatives from the Ministry of National Defense, the Ministry of Public Security, the Vietnam Fatherland Front Central Committee, and the Central Executive Committee of the Vietnam Bar Association as members.

The list of members of the Selection Council for Judges of the Supreme People's Court and the Central Military Court shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

2. The Selection Council for Judges of the Supreme People's Court and the Central Military Court shall have the following tasks and powers:

a) To select persons meeting the standards to serve as Judges of the Supreme People's Court and the Central Military Court based on the proposal of the President of the Supreme People's Court and submit to the President of the State for appointment;

b) To review cases where Judges of the Supreme People's Court and the Central Military Court may be relieved of their judicial positions as provided in Clause 2 of Article 29 of this Ordinance based on the proposal of the President of the Supreme People's Court and submit to the President of the State for relief from duty.

c) Examine cases where Supreme People's Court judges and Central Military Court judges may be dismissed from their judicial positions as provided for in Clause 2 of Article 30 of this Ordinance, based on the proposal of the President of the Supreme People's Court and submit to the State President for dismissal.

Article 27

1. The Selection Council for provincial-level People's Court judges and district-level People's Court judges shall consist of the Chairman or Vice-Chairman of the Provincial People's Council serving as Chairman, the President of the Provincial People's Court, representatives of the Organizational Department of the Government, the Vietnam Fatherland Front Central Committee, and the Provincial Bar Association Executive Board serving as members.

The list of members of the Selection Council for provincial-level People's Court judges and district-level People's Court judges shall be decided by the President of the Supreme People's Court upon the proposal of the Chairman of the Provincial People's Council.

2. The Selection Council for provincial-level People's Court judges and district-level People's Court judges shall have the following tasks and powers:

a) Select persons meeting the criteria to serve as provincial-level People's Court judges and district-level People's Court judges based on the proposal of the President of the Provincial People's Court and propose the appointment by the President of the Supreme People's Court;

b) Examine cases where provincial-level People's Court judges and district-level People's Court judges may be relieved of their judicial positions as provided for in Clause 2 of Article 29 of this Ordinance based on the proposal of the President of the Provincial People's Court and propose relief by the President of the Supreme People's Court;

c) Examine cases where provincial-level People's Court judges and district-level People's Court judges may be dismissed from their judicial positions as provided for in Clause 2 of Article 30 of this Ordinance based on the proposal of the President of the Provincial People's Court and propose dismissal by the President of the Supreme People's Court.

Article 28

1. The Selection Council for military regional-level People's Court judges and military area-level People's Court judges shall consist of the President of the Central Military Court serving as Chairman, representatives of the Ministry of National Defense, the Ministry of Public Security, the Central Committee of the Vietnam Fatherland Front, and the Central Executive Board of the Vietnam Bar Association serving as members.

The list of members of the Selection Council for military regional-level People's Court judges and military area-level People's Court judges shall be decided by the President of the Supreme People's Court upon the proposal of the President of the Central Military Court.

2. The Selection Council for military regional-level People's Court judges and military area-level People's Court judges shall have the following tasks and powers:

a) Select persons meeting the criteria to serve as military regional-level People's Court judges and military area-level People's Court judges based on the proposal of the President of the Central Military Court and propose the appointment by the President of the Supreme People's Court;

b) Examine cases where military regional-level People's Court judges and military area-level People's Court judges may be relieved of their judicial positions as provided for in Clause 2 of Article 29 of this Ordinance based on the proposal of the President of the Central Military Court and propose relief by the President of the Supreme People's Court;

c) Examine cases where military regional-level People's Court judges and military area-level People's Court judges may be dismissed from their judicial positions as provided for in Clause 2 of Article 30 of this Ordinance based on the proposal of the President of the Central Military Court and propose dismissal by the President of the Supreme People's Court.

Article 29

1. A judge automatically loses their judicial position upon retirement.

2. A judge may be relieved of their judicial position due to health reasons, family circumstances, or other reasons that make it impossible to fulfill assigned duties.

Article 30.

1. A judge automatically loses their judicial position when convicted by a court judgment that has taken legal effect.

2. Depending on the nature and severity of the violation, a judge may be dismissed from their judicial position if they fall under any of the following circumstances:

a) Violating in the work of adjudication and handling matters within the jurisdiction of the court;

b) Violating the provisions of Article 15 of this Ordinance;

c) Being disciplined with the dismissal of the managerial position currently holding according to the law on cadres and civil servants;

d) Violating moral and ethical standards.

đ) Committing other violations of the law.

Article 31

1. The Deputy President of the Supreme People's Court, Presidents, and Vice-Presidents of the Central Military Court are appointed, relieved, or dismissed by the State President based on the proposal of the President of the Supreme People's Court.

2. Presidents and Vice-Presidents of local People's Courts are appointed, relieved, or dismissed by the President of the Supreme People's Court after consultation with the Standing Body of the Local People's Council at the same level.

3. Presidents and Vice-Presidents of military regional-level People's Courts and military area-level People's Courts are appointed, relieved, or dismissed by the President of the Supreme People's Court after consultation with the Minister of National Defense.

4. Before proposing to the State President or the President of the Supreme People's Court to dismiss the positions of President and Vice-President as stipulated in Clauses 1, 2, or 3 of this Article, if the person falls under any of the circumstances that may result in dismissal from the judicial position, the opinion of the Selection Council with authority to select such judges must be obtained.

5. The term of office of the Deputy President of the Supreme People's Court, Presidents, and Vice-Presidents of local People's Courts, and military courts is five years, calculated from the date of appointment.

Chapter 4:

TASKS AND POWERS OF THE JURY SYSTEM. REGIME FOR THE JURY SYSTEM. CRITERIA FOR THE JURY SYSTEM. PROCEDURES FOR ELECTION, APPOINTMENT, RELIEF, AND REMOVAL OF JURY MEMBERS.

Article 32

1. Jurors perform their duties according to the assignment of the President of the People's Court where they were elected or appointed as jurors.

2. The President of the local People's Court, military regional-level People's Court, and military area-level People's Court is responsible for managing jurors according to the Regulation on the organization and operation of jurors.

The Government, the Supreme People's Court, and the Central Committee of the Vietnam Fatherland Front shall coordinate in promulgating the Regulation on the organization and operation of jurors.

Article 33

1. Jurors are trained in their profession and participate in court trial work summary meetings.

The budget for training jurors is included in the operating budget of the People's Court, with support from the local budget.

2. If jurors are civil servants, employees, or active-duty military personnel, the time spent performing jury duties counts towards their working hours at their respective agencies or units.

Article 34

1. Jurors are provided with uniforms and juror identification cards to perform trial duties.

The model of attire, the distribution system and usage of attire, and the Certificate of Judge by the President of the Supreme People's Court shall be regulated by the Standing Committee of the National Assembly.

2. When performing adjudication tasks, Judges shall enjoy allowances as prescribed by law.

Article 35

Judges must refuse to participate in adjudication or be replaced in cases stipulated by procedural laws.

Article 36

When assigned by the President of the Court to perform adjudication tasks, Judges have the obligation to participate without refusal, except for valid reasons.

Within one year, if a Judge is not assigned by the President of the Court to perform adjudication tasks, they have the right to request the President of the Court to provide the reason.

Article 37

Those who meet the criteria specified in Clause 2, Article 5 of this Ordinance may be elected as People's Judge of the People's Court at the local level; if they are active military personnel, civil servants, or defense workers serving in the military, they may be appointed as Military Judge of the Military Court at the Military Region or Military Circuit level.

Article 38

1. The People's Judge of the People's Court at the local level shall be elected by the People's Council at the same level upon the recommendation of the Vietnam Fatherland Front Committee at the same level, and shall be relieved or dismissed from office by the People's Council at the same level upon the proposal of the President of the People's Court at the same level, after reaching consensus with the Vietnam Fatherland Front Committee at the same level.

2. The Military Judge of the Military Court at the Military Region level shall be appointed by the Chief of the Political Department of the Vietnam People's Army upon the recommendation of the political organs of the Military Region, Corps, Branch, General Department, or equivalent level, and shall be relieved or dismissed from office by the Chief of the Political Department of the Vietnam People's Army upon the proposal of the President of the Military Court at the Military Region level, after reaching consensus with the political organs of the Military Region, Corps, Branch, General Department, or equivalent level.

3. The Military Judge of the Military Court at the Military Circuit level shall be appointed by the Chief Political Officer of the Military Region, Corps, Branch, General Department, or equivalent level upon the recommendation of the political organs of the Division or equivalent level, and shall be relieved or dismissed from office by the Chief Political Officer of the Military Region, Corps, Branch, General Department, or equivalent level upon the proposal of the President of the Military Court at the Military Circuit level, after reaching consensus with the political organs of the Division or equivalent level.

Article 39

1. The term of office of the People's Judge corresponds to the term of office of the People's Council at the same level.

When the People's Council completes its term of office, the People's Judge continues to perform duties until the new People's Council elects a new People's Judge.

2. The term of office of the Military Judge is five years, starting from the date of appointment.

Article 40

Organizations, units of the people's armed forces that have individuals elected or appointed as Judges have the responsibility to create conditions for Judges to perform their duties.

2. During the time a Judge performs duties according to the assignment of the President of the Court, the organization, unit of the people's armed forces having that Judge shall not assign the Judge to other work, except in special cases.

Article 41

1. Judges may be relieved from office due to health reasons or other reasons.

2. Judges are dismissed if they violate moral standards or engage in illegal acts that make them unworthy to be Judges.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 42 |||

This Ordinance replaces the Ordinance on Judges and People's Judges of the People's Courts dated May 14, 1993.

Previous regulations contrary to this Ordinance are abolished.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

The Government, the Supreme People's Court, and the Central Committee of the Vietnam Fatherland Front within their respective functions and responsibilities shall be responsible for guiding and coordinating the implementation of this Ordinance.