Resolution No. 1213/2016/UBTVQH13 of the Standing Committee of the National Assembly on the issuance of the Regulation on the organization and operation of the Judicial Council

RESOLUTION

ISSUING REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE JURY GROUP

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the People's Courts No. 62/2014/QH13;

Considering the proposal of the Central Committee of the Vietnam Fatherland Front at Report No. 32/TTr-MTTQ-BTT dated November 30, 2015,

RESOLUTION:

Article 1.

These Regulations on the organization and operations of the Jury Group are hereby issued along with this Resolution.

Article 2.

1. The Supreme People's Court, the Ministry of National Defense, the People's Councils, the People's Courts, the Standing Committee of the Vietnam Fatherland Front Provincial Committees and Municipalities directly under the Central Government, counties, districts, towns, provincial cities, municipalities directly under the Central Government; Military Regional Courts and equivalent courts, Military Area Courts; the Association of Lay Judges; relevant agencies, organizations, and individuals shall be responsible for implementing this Resolution.

2. This Resolution shall take effect from July 1, 2016.

REGULATIONS

ORGANIZATION AND OPERATIONS OF THE JURY GROUP
(Adopted together with Resolution No. 1213/2016/UBTVQH13 dated June 13, 2016 of the Standing Committee of the National Assembly, Term XIII)

The Standing Committee of the XIII National Assembly)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the organization and operation of the Association of Lay Judges (including the Association of Lay Judges and the Association of Military Lay Judges); the relationship between the Association of Lay Judges and the lay judges; the relationship between the Association of Lay Judges and agencies, organizations, and individuals; the responsibilities of agencies, organizations, and units of the people's armed forces towards the Association of Lay Judges; conditions ensuring the operation of the Association of Lay Judges.

Article 2. Applicability

These Regulations apply to the People's Jury Group, the Military Jury Group, agencies, organizations, units of the people's armed forces, and individuals related to the organization and operations of the Jury Group.

Article 3. Principles of organization and operation

1. The Association of Lay Judges is a form of self-management of lay judges, operating according to the principles of democracy, transparency, and openness; it is established at the provincial level (hereinafter referred to as the provincial level), district level, town level, city level, and municipal level (hereinafter referred to as the district level), military region level and equivalent (hereinafter referred to as the military region level), and the area where there is a Military Area Court.

2. A lay judge elected or appointed to perform trial duties at which court shall participate in activities at the Association of Lay Judges located at that court.

Chapter II

THE PEOPLE'S JURY GROUP

Article 4. Organization of the People's Jury Group

1. The Association of Lay Judges includes lay judges elected to perform trial duties at each People's Court at the provincial level and district level.

2. The number of members of each Association of Lay Judges is determined based on the number of judges at each court as follows:

At the provincial-level People's Court: for every two judges, there are three lay judges, but the total number of lay judges at a provincial-level People's Court must not be less than twenty and not more than one hundred;

At the district-level People's Court: for every one judge, there are two lay judges, but the total number of lay judges at a district-level People's Court must not be less than fifteen and not more than fifty, except in special cases where it may be less than fifteen.

3. The People's Jury Group has a Chairman, Deputy Chairmen, and People's Jurors as members. The Chairman and Deputy Chairmen of the People's Jury Group are elected among the People's Jurors.

4. The number of Deputy Chairpersons of the Association of Lay Judges is determined as follows:

An Association of Lay Judges with fewer than twenty-five lay judges has one Deputy Chairman; those with twenty-five or more lay judges have no more than two Deputy Chairmen.

Article 5. Responsibilities and rights of the People's Jury Association

1. Organize for jurors to exchange experience in trial proceedings, contributing to enhancing their professional competence and maintaining the moral integrity of people's jurors.

2. Propose to competent authorities, organizations, and individuals to protect the rights and legitimate interests of jurors.

3. Participate in providing opinions to the People's Court at the same level regarding the activities of lay judges when requested.

4. Discuss and participate in opinions on cases of rewarding or disciplining jurors.

5. Coordinate with the People's Court at the same level in training and professional development for lay judges.

6. Participate in opinions on draft normative legal documents when requested.

7. Propose to the authority, organization, or unit where the juror works or conducts business to create conditions for the juror to perform trial duties.

8. Propose the budget for supporting the activities of the Association of Lay Judges to the People's Court at the same level for consolidation and preparation to submit to the competent authority for approval.

9. Be provided with information about the socio-economic situation in the locality; related documents and materials concerning the organization and operation of the jury and the People's Jury Association when requested.

10. Organize periodic mid-year and annual reviews or when necessary, and report to the People's Council, the Standing Committee of the Vietnam Fatherland Front, and the Chief Justice of the People's Court at the same level.

Article 6. Election, removal, dismissal, and term of office of the Head and Deputy Head of the People's Jury

1. A people's juror with prestige, experience in trial work, and sufficient working time may be elected as the Head or Deputy Head of the People's Jury.

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

a) After electing new lay judges for the term, the Standing Committee of the People's Council shall host, in coordination with the Chief Justice of the People's Court and the Standing Committee of the Vietnam Fatherland Front at the same level, a full meeting of lay judges to elect the Chairman and Deputy Chairmen of the Association of Lay Judges;

b) The election of the Chairman and Deputy Chairmen of the Association of Lay Judges shall be decided by the full meeting of lay judges, conducted through raising hands or secret ballot. The person elected as Chairman or Deputy Chairman of the Association of Lay Judges must be the one who receives the most votes or the highest number of votes for each position and must be trusted and supported by more than half of the total number of lay judges;

c) The Standing Committee of the People's Council at the same level shall recognize the results of the election of the Chairman and Deputy Chairmen of the Association of Lay Judges.

3. The Head and Deputy Head of the People's Jury shall be automatically relieved of duty or dismissed when they are relieved of duty or dismissed as jurors.

The Chairman and Deputy Chairmen of the Association of Lay Judges may be relieved of their positions due to health reasons, family circumstances, or other legitimate reasons; they may be removed from office if they fail to fulfill their duties or violate moral standards or commit acts of law violation.

4. The procedure for relieving of duty or dismissing the Head and Deputy Head of the People's Jury shall be carried out as follows:

When the Chairman or Deputy Chairman submits a resignation request or when at least one-third of the total number of members of the Association of Lay Judges or the Standing Committee of the Vietnam Fatherland Front propose the removal of the Chairman or Deputy Chairman of the Association of Lay Judges, the Standing Committee of the People's Council shall coordinate with the Chief Justice of the People's Court and the Standing Committee of the Vietnam Fatherland Front at the same level to convene a full meeting of lay judges to consider the relief or removal.

The relief or removal of the Chairman and Deputy Chairmen of the Association of Lay Judges shall be decided by the full meeting of lay judges, conducted through raising hands or secret ballot. The Chairman and Deputy Chairmen of the Association of Lay Judges shall be relieved or removed when more than half of the total number of lay judges agree.

The Standing Committee of the People's Council at the same level shall recognize the results of the relief or removal of the Chairman and Deputy Chairmen of the Association of Lay Judges.

5. The term of office of the Head and Deputy Head of the People's Jury shall be consistent with the term of office of the jurors.

Article 7. Responsibilities and rights of the Head of the People's Jury Team

1. The Head of the People's Jury Team shall have the following responsibilities and rights:

a) To convene and chair meetings, conferences, seminars, and discussions of the People's Jury Team;

b) Maintain contact and represent the People's Jury Team in relations with the Standing Committee of the People's Council, the Standing Committee of the Vietnam Fatherland Front Committee, the People's Court at the same level, and related agencies and organizations;

c) Exchange opinions with the President of the People's Court at the same level regarding the assignment of People's Jurors to participate in trial activities, ensuring compliance with the requirements for case trials as requested by the President of the People's Court;

d) To organize mid-term and final reviews of the work of the People's Jury Team;

d) Compile opinions and recommendations of the People's Jurors on issues related to their activities and propose solutions to the competent authority.

2. The Deputy Head of the People's Jury Team assists the Head in performing tasks assigned by the Head. When the Head is absent, a Deputy Head shall be delegated to perform the Head's duties.

Article 8. Responsibilities of the People's Jurors

1. Carry out activities of the People's Jury Team according to the division of labor by the Head. Report the results of implementation to the Head. Maintain regular contact with the People's Jury Team through the Head.

2. Promptly notify the President of the People's Court at the same level and the Head of the People's Jury Team if any violation of laws by agencies, organizations, or individuals is discovered during the performance of duties.

3. Timely inform the Head of the People's Jury Team and the President of the People's Court at the same level when there is a change in position, workplace, place of work, or residence. In cases where it is objectively and justifiably impossible to fulfill the duty of judging due to reasons beyond control, immediate notification must be made to the Head and the President of the People's Court at the same level.

Article 9. Relationship between the People's Jury Team and the Standing Committee of the People's Council, the Standing Committee of the Vietnam Fatherland Front Committee, and the President of the People's Court at the same level

1. The People's Jury Team maintains regular contact with the Standing Committee of the People's Council, the Standing Committee of the Vietnam Fatherland Front Committee, and the President of the People's Court where the jurors were elected.

2. Every six months or annually, or upon request, the People's Jury Team has the responsibility to report in writing to the Standing Committee of the People's Council, the Standing Committee of the Vietnam Fatherland Front Committee at the same level about the activities of the People's Jury Team.

Chapter III

PEOPLE'S JURY TEAM OF THE ARMED FORCES

Article 10. Organization of the Armed Forces People's Jury Team

1. The Military People's Jury Team consists of military jurors appointed to perform trial duties at the Military Court of the Military Region and the Military Regional Court.

2. The number of members of the Military People's Jury Team is determined based on the number of judges at each Military Court. For every one judge, there are two jurors, but the total number of jurors at one Military Court must not be less than ten people and not exceed thirty people.

3. The Armed Forces People's Jury Team has a Head, 1 Deputy Head, and other members who are jurors.

Article 11. Responsibilities and rights of the Military Jury Association

1. Organize for jurors to exchange experience in trial proceedings, contributing to improving their professional competence and maintaining the moral qualities of military jurors.

2. Propose to competent authorities, organizations, and individuals to protect the rights and legitimate interests of jurors.

3. Participate in providing opinions to the Military Court at the same level on the activities of the jurors when requested.

4. Discuss and participate in opinions on cases of rewarding or disciplining jurors.

5. Coordinate with the Military Court at the same level in training and professional development for jurors.

6. Participate in opinions on draft normative legal documents when requested.

7. Propose to the unit where the juror works or operates to create conditions for the juror to perform the duty of adjudication.

8. Propose a budget estimate for supporting the activities of the People's Jury Team to be compiled and submitted for approval by the competent authority.

9. Be provided with relevant documents and materials related to the organization and operation of the jury and the Military Jury Association when requested.

10. Organize mid-term and annual reviews or when necessary, and submit reports to the Political Chief of the Military Region, Military Branch, General Department, or equivalent level where the Military Court is located, and the President of the Military Court at the same level.

Article 12. Appointment of the Head and Deputy Head of the Military Jury Board

1. A military juror with prestige and experience in adjudicating work may be appointed as the Head or Deputy Head of the Military Jury Association.

2. The Political Commissar of the Military Region, Military Branch, General Department or equivalent level where there is a Military Court shall appoint the Head and Deputy Head of the Military Jury Board from among the Military Jurors upon the proposal of the President of the same-level Military Court.

3. The Head and Deputy Head of the Military Jury Association are automatically relieved of their positions when they are relieved of their duties as military jurors or are dismissed as military jurors.

The Head and Deputy Head of the Military Jury Board may be relieved of their duties due to health reasons, family circumstances, or other valid reasons; they may be dismissed if they fail to fulfill their tasks or violate moral and ethical standards or engage in acts that contravene the law.

The President of the Military Court shall propose to the Political Commissar of the Military Region, Military Branch, General Department or equivalent level where there is a Military Court to issue a decision on relieving or dismissing the Head and Deputy Head of the Military Jury Board.

Article 13. Responsibilities and Rights of the Head of the Military Jury Board

1. The Head of the Military Jury Association has the following responsibilities and rights:

a) Summoning and chairing meetings, conferences, seminars, and discussions of the Military Jury Association;

b) Maintain contact and represent the Military Jury Board in relations with the Political Commissar of the Military Region, Military Branch, General Department or equivalent level, the head of the unit where the Military Juror works, the same-level Military Court, and relevant agencies and organizations;

c) Exchange opinions with the President of the same-level Military Court regarding the assignment of Military Jurors to participate in trial activities, ensuring compliance with the requirements for adjudicating cases as stipulated by the President of the Military Court;

d) Organizing mid-term and annual reviews of the work of the Military Jury Association;

đ) Summarize the opinions and suggestions of the Military Jurors concerning issues related to the activities of the Military Jury Board and propose solutions to the competent authority;

2. The Deputy Head of the Military Jury Board assists the Head in performing tasks assigned by the Head. In the absence of the Head, the Deputy Head shall be entrusted to perform the Head's duties.

Article 14. Responsibilities of Military Lay Judges

1. Carry out the activities of the Military Jury Board as assigned by the Head. Report the results of the implementation to the Head. Maintain regular contact with the Military Jury Board through the Head.

2. Promptly notify the President of the same-level Military Court and the Head of the Military Jury Board if any violation of the law by an agency, organization, or individual is discovered during the performance of duties.

3. When there is a change in position, workplace, place of work, or residence, promptly inform the Head of the Military Jury Board and the President of the same-level Military Court. In case it is objectively and justifiably impossible to fulfill the trial duties of a Military Juror, immediately report this to the Head and the President of the same-level Military Court.

Article 15. Relationship between the Military Jury Board and the Political Agency of the Military Region, Military Branch, General Department or Equivalent Level

1. The Military Jury Board shall maintain regular contact with the Political Agency of the Military Region, Military Branch, General Department or equivalent level and the same-level Military Court.

2. Every six months, annually, or when required, the Military Jury Board has the responsibility to submit a written report to the Political Agency of the Military Region, Military Branch, General Department or equivalent level on the activities of the Military Jury Board.

Chapter IV

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS TOWARDS THE ACTIVITIES OF THE LAY JUDGE PANEL

Article 16. Responsibilities of the Provincial and District People's Councils

The Provincial and District People's Councils where the headquarters of the same-level People's Court is located have the responsibility to supervise the activities of the People's Jury Board.

The Standing Body of the Provincial and District People's Councils has the responsibility to coordinate with the President of the same-level People's Court and the Standing Committee of the Vietnam Fatherland Front Central Committee at the same level to organize the election, relief, and dismissal of the Head and Deputy Head of the People's Jury Board according to Clause 2 and Clause 4 of Article 6 and Point a of Clause 1 of Article 18 of this Regulation.

Article 17. Responsibilities of the Ministry of National Defense, Political Agencies of Military Zones, Services, General Departments, or Equivalent Levels

1. Annually, the Ministry of National Defense shall cooperate with the Supreme People's Court to prepare a budget estimate for supporting the activities of the Military Jury Boards within the budget estimate for the activities of the Military Courts, and propose to the Government to submit to the National Assembly for approval.

2. Political agencies of military zones, services, general departments, or equivalent levels where there are military courts have the responsibility to inspect activities and provide working tools for the Military Lay Judge Panels.

Article 18. Responsibilities of the People's Court

1. Responsibilities of the President of the Provincial and District People's Courts:

a) Coordinate with the Standing Committee of the People's Council and the Standing Committee of the Vietnam Fatherland Front at the same level to organize the election, removal, and dismissal of the Head and Deputy Head of the People's Censorship Board;

b) Maintain contact with the People's Censorship Board;

c) Examine and resolve proposals from the People's Censorship Board;

d) Annually, coordinate with the People's Censorship Board to prepare the budget for supporting the activities of the People's Censorship Board, report to the Supreme People's Court for consolidation within the budget for the activities of the People's Courts, and submit to the competent authority for decision in accordance with the law;

e) Ensure conditions for operation, arrange office space for the People's Lay Judge Panel; guide and inspect the use of funds supporting the activities of the People's Lay Judge Panel in accordance with the law.

2. Responsibilities of the Military Court at the Military Zone Level and Regional Military Court:

2. Responsibilities of the President of the Military Regional Court and the President of the Military Circuit Court:

a) Propose the Political Commissar of the Military Region, Military Branch, General Department, or equivalent level to appoint, remove, and dismiss the Head and Deputy Head of the Military Censorship Board;

c) The Chief Justice of the Military Court examines and resolves recommendations from the Military Lay Judge Panel; examines and resolves recommendations from the Head of the Military Lay Judge Panel regarding the assignment of military lay judges to participate in trials;

c) Examine and resolve proposals from the Military Censorship Board;

d) Implement management, payment, and settlement of funds supporting the activities of the Military Censorship Board;

đ) Annually, coordinate with the Military Censorship Board to prepare the budget for supporting the activities of the Military Censorship Board, report to the Ministry of National Defense for submission to the competent authority for decision in accordance with the law;

e) Ensure conditions for the operation, allocate office space for the Military Censorship Board, guide and inspect the use of funds supporting the activities of the Military Censorship Board in accordance with the law.

3. Responsibilities of the Supreme People's Court:

Annually, the Supreme People's Court is responsible for consolidating the budget for supporting the activities of the People's Censorship Boards within the total budget for the activities of the People's Courts at all levels, propose to the Government for submission to the National Assembly for decision in accordance with the law, and allocate funds to the People's Censorship Boards.

Article 19. Responsibilities of the Standing Committee of the Vietnam Fatherland Front at the provincial and district levels

1. Coordinate with the Standing Committee of the People's Council and the President of the People's Court at the same level in the election, removal, and dismissal of the Head and Deputy Head of the People's Censorship Board.

2. Coordinate with the People's Council at the same level to supervise the activities of the People's Censorship Board.

Article 20. Responsibilities of agencies, organizations, units, and individuals

Within their functions and tasks, agencies, organizations, units, and individuals have the responsibility to assist and create favorable conditions for the Censorship Board to operate.

Chapter V

CONDITIONS TO ENSURE THE ACTIVITIES OF THE PEOPLE'S CENSORSHIP DELEGATION

Article 21. Funding for the Activities of the People's Censorship Delegation

1. The budget for supporting the activities of the Censorship Board includes the budget for organizing meetings, seminars, and discussions to fulfill the responsibilities and rights of the Censorship Board as stipulated in Articles 5 and 11 of this Regulation and monthly activity allowances for the Head and Deputy Head of the Censorship Board as stipulated in Article 22 of this Regulation.

The budget for supporting the activities of the Censorship Board is guaranteed by the state budget and allocated as a separate item within the budget for the activities of the People's Court and the Military Court at the same level.

2. The management and utilization of the funding for the activities of the People's Censorship Delegation shall be carried out in accordance with the provisions of the law.

Article 22. Activity Allowances for the President and Vice-Presidents of the People's Censorship Delegation

1. The Head of the People's Censorship Board receives a monthly activity allowance equal to 40% of the base salary. The Deputy Head of the People's Censorship Board receives a monthly activity allowance equal to 30% of the base salary.

2. The activity allowance for the Head and Deputy Head of the Military Censorship Board is implemented according to the regulations of the law for military personnel on active duty and defense industry workers serving in the Vietnam People's Army.