Joint Resolution No. 05/2005/NQLT/TANDTC-BNV-UBTWMTTQVN on the issuance of the Regulations on the organization and operation of People's Council Judges

JOINT RESOLUTION

Regarding the issuance of the Regulation on the organization and operation of People's Court Appellate Judges

Supreme People's Court - Ministry of Home Affairs - Standing Committee of the Central Council of the State Palace for Unity Vietnam

Pursuant to the Law on Issuing Legal Normative Documents;

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

Pursuant to the Law on the State Palace for Unity Vietnam;

Pursuant to the Law on the Organization of People's Councils and People's Committees;

Pursuant to the Ordinance on Judges and Appellate Judges of People's Courts,

This Resolution promulgates the Regulation on the organization and operation of Appellate Judges of People's Courts.

 

RESOLUTION:

Article 1. The Chief Judge of the People's Court of provinces and centrally governed cities; the Chief Judge of the People's Court of districts, towns, urban districts, and provincial-level cities; the Appellate Judge Groups, Appellate Judges of the People's Court of provinces and centrally governed cities; the Appellate Judge Groups, Appellate Judges of the People's Court of districts, towns, urban districts, and provincial-level cities and relevant agencies and organizations within their respective duties and powers shall be responsible for implementing this Resolution.

Article 2. This Resolution takes effect fifteen days from the date of publication in the Official Gazette./.

Article 3. SIGNATURE OF THE STANDING

REGULATIONS

(Issued together with Resolution No. 05/2005/NQLT-TANDTC-BNV-UBTWMTTQVN dated December 5, 2005 of the Supreme People's Court - Ministry of Home Affairs - Standing Committee of the Central Council of the State Palace for Unity Vietnam) 
Article 1. This Regulation stipulates the Appellate Judge of People's Courts (hereinafter referred to collectively as Appellate Judge), Appellate Judge Group, activities of Appellate Judge, responsibilities of People's Courts, agencies, and organizations in managing and supporting Appellate Judge and Appellate Judge Group.

Chapter I GENERAL PROVISIONS

Article 2. The Appellate Judge specified in this Regulation is the Appellate Judge of the People's Court of provinces and centrally governed cities, the Appellate Judge of the People's Court of districts, towns, urban districts, and provincial-level cities;

Appellate Judge is organized into an Appellate Judge Group.

Article 3. When adjudicating cases, the Appellate Judge is equal in status with the Judge; independent and only adheres to the law; performs their rights and obligations according to the provisions of procedural laws and related legal documents.

Article 4. The Chief Judge of the People's Court where the Appellate Judge is elected to perform adjudication duties implements management of the Appellate Judge and Appellate Judge Group according to the provisions of this Regulation.

Article 5. The People's Council and the Vietnam Fatherland Front Committee at the same level implement supervisory authority over the activities of the Appellate Judge and Appellate Judge Group; according to their functions and tasks, create necessary conditions for the Appellate Judge and Appellate Judge Group to fulfill their adjudication duties.

Article 2. The Chief Judge of the People's Court of provinces and centrally governed cities; the Chief Judge of the People's Court of districts, towns, urban districts, and provincial-level cities; the Appellate Judge Groups, Appellate Judges of the People's Court of provinces and centrally governed cities; the Appellate Judge Groups, Appellate Judges of the People's Court of districts, towns, urban districts, and provincial-level cities and relevant agencies and organizations within their respective duties and powers shall be responsible for implementing this Resolution.

Article 2. The President of the People's Court of a province or centrally governed city; the President of the People's Court of a district, urban district, town under a province, or city under a province; the Circuit Bench, Judge of the People's Court of a province or centrally governed city; the Circuit Bench, Judge of the People's Court of a district, urban district, town under a province, or city under a province, and relevant agencies and organizations within their respective duties and authorities shall be responsible for implementing this Resolution.

Chapter II JUDGES

Article 6

1. Judges are persons elected in accordance with the provisions of law to perform the task of adjudicating cases within the jurisdiction of the Court;

2. Judges have the duty to protect the socialist legal system; protect the socialist regime and the people's right to mastery; protect the property of the State and collective organizations; protect the lives, property, freedom, honor, and dignity of citizens.

Article 7. The criteria for Judges are stipulated as follows:

1. Being a Vietnamese citizen loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having good moral qualities, being honest and truthful, having a firm spirit to protect the socialist legal system, firmly struggling to protect the interests of the State and the legitimate rights and interests of citizens. Specifically:

a) Not engaging in any act that endangers the independence, sovereignty, territorial integrity of the Fatherland, the people's national defense, the socialist regime, and the Socialist Republic of Vietnam;

b) Strictly abiding by the Constitution and laws, Party policies, and State policies, leading a healthy life, and respecting community living rules;

c) Firmly struggling against acts harmful to the Party, the Fatherland, and the people;

d) Respecting the people, serving the people wholeheartedly, maintaining close ties with the people, listening to their opinions, and accepting their supervision; firmly struggling against corruption, waste, and all manifestations of bureaucracy, arrogance, and abuse of power;

đ) Having a spirit of self-criticism and criticism, protecting justice;

e) Never having been convicted (including cases where the conviction has been expunged);

2. Possessing legal knowledge;

3. Having physical and mental health to fulfill assigned tasks; having full capacity for civil conduct;

4. Persons working at courts, prosecution offices, investigation agencies, enforcement agencies, and lawyers shall not be recommended for election as People's Court judges.

Article 8

1. Judges are provided with uniforms and Judge identification cards to perform adjudication duties;

2. When performing adjudication duties, Judges are entitled to allowances as prescribed by law;

3. Judges are trained in their profession, participate in court work summary conferences;

4. If Judges are civil servants, the time spent as Judges counts towards their working time at their respective agencies or units;

5. Judges who achieve outstanding results are rewarded according to the law on commendation and reward.

Article 9

1. In a year, if a Judge is not assigned by the Chief Justice of the same-level People's Court to perform adjudication duties, they have the right to request the Chief Justice to explain the reasons;

2. Judges have the right to contact state agencies, the Vietnam Fatherland Front Committee, and its member organizations, other social organizations, economic organizations, military units, and citizens to carry out their duties and powers;

3. During the period assigned by the Chief Justice of the same-level People's Court, Judges have the right to request their agencies or organizations not to assign them other work, except in special cases.

Article 10. Judges perform the following tasks:

1. Participate in adjudication as assigned by the Chief Justice of the same-level People's Court without refusal, except for valid reasons or as prescribed by procedural law;

2. Fully participate in training courses organized by the Court; self-study to enhance legal knowledge and adjudication skills;

3. Participate in legal education and dissemination activities and grassroots mediation work;

4. Adhere to the internal regulations and rules of the Court;

5. Wear uniforms as prescribed when performing adjudication duties;

6. Maintain state secrets and work secrets as prescribed by law;

Article 11

1. Judges are responsible under the law for the performance of their duties; if they violate the law, they will be disciplined with dismissal or criminally prosecuted depending on the nature and severity of the violation as prescribed by law;

2. If Judges cause damage while performing their duties and powers, the Court where they perform adjudication duties must bear responsibility for compensation, and the Judge causing the damage must compensate the Court according to the law.

Article 12

1. Judges are responsible for reporting on the performance of their duties to the Chief Justice of the same-level People's Court or the Head of the Judge Panel upon request;

2. When there is a change in residence or workplace, Judges must inform the Head, Deputy Head of the Judge Panel, or the Chief Justice of the same-level Court.

Article 13

1. Judges may be relieved of their duties 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.

Article 14. The People's Council decides on the removal from office or dismissal of the Judge 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.

Chapter III JUDGES' ASSOCIATION

Article 15

1. The Judges' Association is a self-management form of organization for Judges at provincial-level People's Courts, district-level People's Courts, city-level People's Courts under provinces, and is subject to management by the President of the People's Court at the same level according to this Regulation.

2. The Judges' Association has the responsibility to report and make recommendations to the President of the People's Court, the Standing Committee of the People's Council, and the Standing Committee of the Vietnam Fatherland Front Committee at the same level regarding the activities of the Judges and the Judges' Association.

Article 16. The Judges' Association has the following tasks and powers:

1. Participate in providing opinions to the Court on improving the quality of the work of the Judges.

2. Discuss, review, and evaluate the work of the Judges and the Court's adjudication when requested.

3. Discuss and provide opinions on the annual summary report of the Court's adjudication work.

4. Discuss and provide opinions on cases of rewarding or disciplining Judges.

5. Discuss and provide opinions on draft normative legal documents and other documents related to the Judges and the Court's adjudication activities.

6. Assist each other in exchanging experiences in performing adjudication duties, enhancing professional competence, maintaining moral integrity, and supporting and encouraging each other in life when the Judge or the Judge's family encounters difficulties or misfortunes.

Article 17

1. The Judges' Association has a Chairman, Deputy Chairmen, and members.

2. The number of Deputy Chairmen of the Judges' Association is decided by the President of the People's Court after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level.

3. The Chairman and Deputy Chairmen of the Judges' Association are elected among the Judges at a full meeting of the Judges' Association.

Article 18

1. A Judge with experience in adjudication work, reputation, and sufficient time to work can be elected as the Chairman or Deputy Chairman of the Judges' Association.

2. Procedures for electing the Chairman and Deputy Chairmen of the Judges' Association:

a) After the People's Council at the same level elects the Judge, the President of the People's Court chairs, in coordination with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level, a full meeting of the Judges of their own level for the Judges to elect the Chairman and Deputy Chairmen of the Judges' Association.

b) The election of the Chairman and Deputy Chairmen of the Judges' Association is conducted through raising hands or secret ballot as decided by the full meeting of the Judges. The person elected as the Chairman or Deputy Chairman of the Judges' Association must receive more than 50% of the total number of participating Judges' approval.

3. After the full meeting of the Judges elects the Chairman and Deputy Chairmen of the Judges' Association, the President of the People's Court at the same level issues a decision recognizing the election results of the Chairman and Deputy Chairmen of the Judges' Association.

4. The term of office of the Chairman and Deputy Chairmen of the Judges' Association is the same as that of the Judge.

5. The Chairman and Deputy Chairmen of the Judges' Association may be relieved of their positions due to health reasons, family circumstances, or other reasons, or may be dismissed if they fail to fulfill their duties. The President of the People's Court, after reaching consensus with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front Committee at the same level, convenes a full meeting of the Judges to decide on the relief or dismissal of the Chairman or Deputy Chairman and to elect a new Chairman or Deputy Chairman to replace them according to the provisions of Clause 2 of this Article.

Article 19

1. The Chairman of the Judges' Association has the following tasks and powers:

a) To convene and chair meetings of the Judges' Association.

b) To maintain contact and represent the Judges in working relations with the Court, the Standing Committee of the People's Council, and the Standing Committee of the Vietnam Fatherland Front Committee at the same level.

c) To assist the President of the People's Court at the same level in managing the Judges; to review and assess the quality of the work of the Judges.

d) To assist the President of the People's Court at the same level in summarizing the annual work of the Judges and the Judges' Association.

đ) To participate in providing opinions on the annual summary report of the Court's adjudication work.

e) To present the opinions and recommendations of the Judges on matters related to the organization of the Court's adjudication work and the implementation of regulations concerning the duties, powers, and benefits of the Judges.

g) To present the opinions and recommendations of the Judges' Association on rewarding or disciplining the Judges.

h) To organize meetings of the Judges' Association to contribute opinions on draft legal documents related to the Judges and the Judges' Association.

2. The Deputy Chairmen of the Judges' Association assist the Chairman in performing assigned tasks and are responsible to the Chairman for the performance of those tasks.

Article 20. Every six months, the Head of the Judicial Council shall convene a meeting of the Judicial Council to evaluate the performance of the judges, the activities of the Judicial Council, or resolve other related issues, and submit a report to the President of the People's Court, the Standing Committee of the People's Council, and the Standing Board of the Vietnam Fatherland Front at the same level. When necessary, the Head of the Judicial Council may convene an extraordinary meeting of the Judicial Council.

Chapter IV ACTIVITIES OF THE JUDICIAL COUNCIL

Article 21. When assigned to perform adjudication duties, at least seven working days before the commencement of the trial session, the Judge assigned to preside over the session shall be responsible for sending an invitation letter to the Judge to come to the court's office to study the case file and exchange necessary views on the adjudication process of that case.

Article 22. In cases where there is a legitimate reason to refuse participation in the adjudication process, at least seven working days before the commencement of the trial session, the Judge must submit a written document clearly stating the reasons for refusing to adjudicate and send it to the President of the People's Court at the same level for consideration and appointment of another Judge to participate in the adjudication process.

Article 23

1. The Judge has the right to reflect to the President of the People's Court at the same level or the Head of the Judicial Council about issues related to the resolution and adjudication of the case if they discover any violation of the law during the resolution and adjudication process of that case;

2. The Judge has the right to express opinions directly at meetings or in writing to contribute to improving the quality of the activities of the Judge to the President of the People's Court at the same level.

Article 24. The Judge shall not engage in the following actions:

1. Advising the defendant, plaintiff, or other parties involved in the litigation process to handle the case or other matters in a manner inconsistent with the provisions of the law;

2. Illegally interfering with the resolution of the case or taking advantage of their influence to affect those responsible for resolving the case;

3. Removing the case file or documents within the case file from the court agency;

4. Meeting with the defendant, plaintiff, or other parties involved in the case they are assigned to adjudicate outside the designated location.

Chapter V RESPONSIBILITIES OF THE COURT, AUTHORITIES, AND ORGANIZATIONS IN MANAGING, SUPPORTING THE JUDGE AND THE JUDICIAL COUNCIL

Article 25

1. The President of the People's Court shall closely cooperate with the Standing Board of the Vietnam Fatherland Front at the same level in preparing personnel and nominating candidates for Judges according to the guidance of the Supreme People's Court and the Central Committee of the Vietnam Fatherland Front;

2. The President of the People's Court shall be responsible for notifying the authority or organization where the Judge works about the assignment of the Judge; estimating the time for the Judge to perform their duties and requesting these authorities or organizations not to transfer or assign the Judge to other work during this period.

Article 26

1. The President of the People's Court of provinces and centrally-administered cities shall be responsible for organizing professional training for Judges at their own level and subordinate levels;

2. The President of the People's Court shall implement policies and regulations for Judges at the same level; coordinate with the Standing Board of the Vietnam Fatherland Front and the Standing Committee of the People's Council at the same level to carry out commendation, disciplinary action, and supervision of the work of Judges according to the law and the guidance of the Supreme People's Court;

3. Monthly, the President of the People's Court at the same level shall notify the schedule of trials to the Head of the Judicial Council;

4. Decisions or documents proposing commendations, disciplinary actions, and conclusions on supervising the work of Judges shall be sent to the Standing Committee of the People's Council and the Vietnam Fatherland Front at the same level for coordinated management of Judges.

Article 27

1. Annually and upon completion of the term of service of the Judge, the President of the People's Court shall be responsible for coordinating with the Standing Committee of the People's Council and the Standing Board of the Vietnam Fatherland Front at the same level to organize the summary of the Judge's work; When necessary, the President of the People's Court may convene an extraordinary meeting of the Judicial Council;

2. The President of the People's Court at the provincial level shall be responsible for compiling and reporting the summary of the term of service of the Judge in their locality to the Supreme People's Court and the Central Committee of the Vietnam Fatherland Front.

Article 28

1. The President of the People's Court shall be responsible for handling complaints and reports related to the adjudication work of Judges at the same level according to the law;

2. In cases where it is necessary or for complex complaints and reports, the President of the People's Court shall report to the Standing Committee of the People's Council at the same level for resolution of such complaints and reports;

3. Conclusions of verification and decisions of the President of the People's Court regarding the handling of complaints and reports against Judges must be sent to the Standing Committee of the People's Council and the Standing Board of the Vietnam Fatherland Front at the same level for monitoring, supervision, and coordinated management of Judges.

4. For other complaints and reports unrelated to the adjudication work of Judges, the President of the People's Court may refer them to the competent authority or organization for examination and resolution according to the law.

Article 29. Within their respective functions and duties, agencies, organizations, and workers have the responsibility to create favorable conditions for the Jury to fulfill their tasks.

Article 30. Within their respective functions and duties, the Vietnam Fatherland Front Committee at the local level shall carry out supervision while creating favorable conditions for the Jury to fulfill their tasks.

Article 31

1. The People's Councils and People's Committees at the local level shall be responsible for creating favorable conditions and supporting working means and funding for the activities of the Jury and the Jury Group upon the proposal of the President of the People's Court at the same level;

2. Working means and funding support for the activities of the Jury and the Jury Group shall be managed by the President of the People's Court at the same level. The use of working means and funding support for the activities of the Jury and the Jury Group shall be carried out in accordance with the provisions of the law.

Article 32. During the implementation of this Regulation, if there are difficulties requiring explanation or supplementary guidance, they should be reported to the Supreme People's Court, the Ministry of Home Affairs, and the Central Committee of the Vietnam Fatherland Front so that within their respective functions, duties, and authorities, timely explanations or supplementary guidance can be provided..