Decision No. 1269/QD-TTg on approving the Project to establish the Judicial Academy to implement Resolution No. 08/NQ-TW dated January 2, 2002 of the Politburo of the Communist Party of Vietnam on some key tasks for judicial work in the coming period.

 

Pursuant to …;

Regarding the approval of the Project on Establishing the Judicial Academy to implement Pursuant to Resolution No.

08-NQ/TW January 2, 2002 of the Politburo

The Executive Board of the Communist Party of Vietnam

concerning some key tasks for judicial workin the near future

_______________________ 

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Minister of Justice,

DECISION:

Article 1. Approves the Project on Establishing the Judicial Academy with the following main contents:

1. Objectives of Establishing the Judicial Academy

a) To centralize training resources for judicial officers based on unified training content and programs; to maximize human resources and physical facilities for training purposes;

b) To provide regular training for judicial positions; to equip them with specialized knowledge and skills, ensuring that "judicial officers must have a university degree in law and be trained in professional skills according to their positions," in line with new requirements and tasks of judicial work;

c) To increase the quantity and quality of training for judicial positions, creating a level playing field for judicial officers, facilitating the connection in the process of legal education and planning and utilizing cadres;

d) To enhance coordination between judicial agencies and professional organizations (Ministry of Justice, Supreme People's Court, Supreme People's Procuracy, Bar Associations...) in training judicial positions;

e) To combine training strategies with plans for utilizing human resources for judicial reform nationwide;

f) To promote scientific research towards enhancing theoretical depth and practical application, contributing to legislative work and uniform guidance on the application of laws, meeting the demands of judicial reform;

g) To strengthen international cooperation and effectively utilize international cooperation programs for training judicial officers and conducting scientific research to support educational activities.

2. Organizational Structure of the Judicial Academy

a) Legal Status of the Judicial Academy:

- The Judicial Academy is a training and research institution under the Ministry of Justice, operating according to the University Charter;

- The Judicial Academy is a self-financing public service unit with legal personality, its own bank account and seal, headquartered in Hanoi and having a branch in Ho Chi Minh City.

b) Functions and Tasks of the Judicial Academy:

- Training judges, prosecutors, lawyers, enforcement officers, notaries, and other judicial positions;

- Enhancing and upgrading the professional expertise of enforcement officers, notaries, lawyers, and other judicial officers under the management of the Ministry of Justice;

- Conducting research to support training and cadre development for judicial positions;

- Cooperating in training, development, and research with domestic and foreign organizations and individuals.

Depending on actual needs, the Judicial Academy may be assigned additional tasks by competent authorities.

c) Organizational Structure of the Judicial Academy:

The organizational structure of the Judicial Academy includes: Board of Directors, departments, faculties, subject groups, Information and Research Center, and a branch in Ho Chi Minh City. In necessary cases, based on the University Charter, the Director of the Judicial Academy decides to establish new units.

d) Teaching Staff:

The teaching staff of the Judicial Academy consists of: full-time faculty members of the Judicial Academy and part-time faculty members invited from courts, procuracies, bar associations, and other judicial agencies; faculty members from other legal training institutions; legal experts working at central and local agencies.

3. Training and Development Recipients of the Judicial Academy

a) Training Recipients:

- Stage 1 (from 2004 to 2006):

+ Training judges, prosecutors, enforcement officers, and notaries for current officials and civil servants who already hold bachelor's degrees in law and have experience in the profession;

+ Training lawyers for those who already hold bachelor's degrees in law.

- Stage 2 (from 2007 onwards):

+ Continuing the training activities as in Stage 1;

+ Training those who already hold bachelor's degrees in law but are not necessarily officials or civil servants to create sources for judicial positions;

+ Studying the implementation of training for arbitrators, forensic experts, and other judicial positions.

b) Development Recipients:

- Providing professional development for lawyers, enforcement officers, notaries, and other judicial officers under the jurisdiction of the Ministry of Justice;

- Updating new legal regulations for judicial officers.

4. Duration of Training and Development

a) Duration of Training:

- Stage 1 (from 2004 to 2006):

+ Training for 12 months and issuing a graduation certificate for judges and prosecutors for current officials and civil servants who already hold bachelor's degrees in law and have experience in the profession;

+ Training for 9 months and issuing a graduation certificate for enforcement officers and notaries for current officials and civil servants who already hold bachelor's degrees in law and have experience in the profession;

+ Training for 6 months and issuing a graduation certificate for lawyers for those who already hold bachelor's degrees in law.

- Stage 2 (from 2007 onwards):

+ Training for 12 months (initial training) and issuing a graduation certificate, according to a unified program for those who already hold bachelor's degrees in law and have experience in the judiciary or prosecution to create sources for judges, prosecutors, and lawyers; for bachelor's degree holders without experience, in addition to the 12-month concentrated training period, they must also complete a 6-month internship program;

+ Training for 6 months concentrated and 3 months internship (initial training) and issuing a graduation certificate for those who already hold bachelor's degrees in law and have experience in notary or enforcement work to create sources for notaries and enforcement officers; for bachelor's degree holders without experience, in addition to the 6-month concentrated training period mentioned above, they must also complete a 6-month internship program.

||| Study and implement training programs for positions such as arbitrators, appraisers, and other judicial positions.

||| b) Duration of training:

||| The Academy of Judicial Studies implements short-term training periods ranging from 03 to 15 days depending on the target audience, program content, and requirements of each course.

||| 5. Training and Refresher Programs

||| a) Training Program:

||| The training program for judicial positions is divided into three parts with the number of credit units at each stage meeting the requirements of each position, including:

||| - Part 1: Specialized training program, consisting of topics related to each position, accounting for 20% of the total credit units;

||| - Part 2: Skills training program, including courses related to skills and duties of each position, accounting for 50% of the total credit units;

||| - Part 3: Internship and graduation examination program, accounting for 30% of the total credit units.

||| b) Refresher Program:

||| The content of the refresher program of the Academy of Judicial Studies is developed based on the requirements of each course, including:

||| - Legal knowledge, knowledge and skills, professional expertise;

||| - Policies, contents of new regulatory legal documents and application skills;

||| - Knowledge of information technology, foreign languages, and other supplementary knowledge.

||| c) Textbooks and Teaching Materials:

||| - Textbooks and teaching materials are organized and compiled by the Academy of Judicial Studies in accordance with the training objectives and requirements;

||| - The Scientific Council of the Academy of Judicial Studies organizes reviews and approves textbooks and teaching materials for use in teaching.

||| 6. Scale of Training and Refresher Programs of the Academy of Judicial Studies

||| a) Training Scale:

- Stage 1 (from 2004 to 2006):

||| + Training judges: 500 people/year;

||| + Training prosecutors: 200 people/year (increasing to 300 people/year starting from 2005);

||| - Training lawyers: 2,000 people/year;

||| - Training enforcement officers: 300 people/year;

||| - Training notaries: 100 people/year.

- Stage 2 (from 2007 onwards):

||| + For the common program for judges, prosecutors, and lawyers: training 2,500 people/year;

||| + For other judicial positions: training 1,000 people/year and may study and implement training for arbitrators and appraisers.

||| b) Refresher Scale:

||| The scale of refresher programs is implemented based on the annual refresher plan for cadres of the Ministry of Justice.

||| 7. Forms of Training, Admission, Graduation Certificates, and Other Types of Certificates

||| a) Forms of Training: The Academy of Judicial Studies mainly conducts training through centralized forms. In necessary cases, non-centralized training forms can be added.

||| b) Admission Forms: The Academy of Judicial Studies admits students through entrance examinations.

||| c) Graduation Certificates and Other Types of Certificates: Issued by the Director of the Academy of Judicial Studies according to current laws.

||| 8. Scientific Research Activities of the Academy of Judicial Studies

||| a) Research and innovation in teaching methods to improve training quality.

||| b) Research and development of training and refresher programs for judicial positions and effective implementation methods.

||| c) Research and development of typical case systems and files for training and refresher programs for judicial positions.

||| d) Research and survey the training and refresher needs of cadres in local judicial agencies and evaluate the quality of training and refresher programs of the Academy of Judicial Studies.

||| đ) Implement exchange training and scientific research with organizations and individuals both domestically and internationally.

||| e) Conduct state-level, ministry-level, and grassroots research projects assigned by competent authorities.

||| 9. Implementation Plan of the Project

||| Implementing the project to establish the Academy of Judicial Studies will basically not change the functions, tasks, and organization of basic legal education institutions, court training institutions, prosecution training institutions, and existing legal research institutes.

||| a) Assurance Conditions:

||| - Infrastructure:

||| Ensure that the infrastructure and equipment of the Academy of Judicial Studies serve well the training work with a capacity of 3,500 students present at the Academy. With this training scale, the Academy needs land areas in Hanoi and Ho Chi Minh City to build headquarters, administrative zones, lecture halls, dormitories, and cultural-sports zones. Along with infrastructure investment, modern and synchronized operational equipment also needs to be invested.

||| In the immediate term, it is necessary to utilize the existing facilities of the School of Judicial Positions and continue implementing projects currently being carried out by the School of Judicial Positions.

||| - Operating Budget:

||| The operating budget of the Academy of Judicial Studies includes the following sources:

||| + State budget;

||| + Donations from domestic and foreign organizations and individuals (if any);

||| + Contributions from students in the form of tuition fees as prescribed by law.

||| b) Direct Organizational Implementation:

||| State agencies with assigned functions and tasks are responsible for coordinating the implementation of the project to establish the Academy of Judicial Studies, specifically:

||| - The Ministry of Justice leads and coordinates with relevant agencies to organize the implementation of the project; review the current cadre and infrastructure resources to supplement and strengthen the Academy of Judicial Studies; determine the annual training and refresher needs for judicial positions in the industry;

||| - The Ministry of Justice leads and coordinates with the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Home Affairs to determine the operating budget, training, and refresher budgets for the Academy of Judicial Studies;

||| - The Ministry of Justice leads and coordinates with the Ministry of Finance, the Ministry of Planning and Investment, the People's Committee of Hanoi, and the People's Committee of Ho Chi Minh City in building the headquarters of the Academy of Judicial Studies in Hanoi and the branch of the Academy of Judicial Studies in Ho Chi Minh City;

||| - The Ministry of Justice leads and coordinates with the Ministry of Education and Training to determine the training code for the Academy of Judicial Studies, and to determine the graduation certificates and other types of certificates issued by the Academy of Judicial Studies to graduates of various courses;

||| - The Ministry of Home Affairs leads and coordinates with the Ministry of Justice to develop staffing plans for the Academy of Judicial Studies;

||| - The Ministry of National Defense provides annual training needs for military judges, military prosecutors, and military enforcement officers.

- The Ministry of Justice requests the Supreme People's Court and the Supreme People's Procuracy to cooperate in assisting the Judicial Academy in building part-time lecturers and meeting the annual training needs for judges and prosecutors.

Article 2. The Minister of Justice shall take the lead and coordinate with central and local agencies to organize and implement the Project.

Within thirty days from the date this Decision takes effect, the Minister of Justice shall submit to the Prime Minister for signing and promulgating the decision on establishing the Judicial Academy.

Article 3. This Decision takes effect from the date of signature.

Article 4. The Minister of Justice, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal people's committees directly under the Central Government are responsible for implementing this Decision.