Ordinance No. 14/2011/UBTVQH12 Amending and Supplementing Certain Articles of the Ordinance on Judges and Associate Judges of People's Courts

ORDINANCE

Amending and supplementing some articles of the Ordinance on Judges and Associate Judges of People's Courts

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to the Law on the Organization of People's Courts No. 33/2002/QH10;

Pursuant to Resolution No. 27/2008/QH12 dated November 15, 2008 of the National Assembly on the Program for Legislative Work in 2009 and Supplementing the Program for Legislative Work of the National Assembly during the XIIth tenure (2007-2011);

The Standing Committee of the National Assembly promulgates the Ordinance amending and supplementing some articles of the Ordinance on Judges and Associate Judges of People's Courts No. 02/2002/PL-UBTVQH11.

Article 1.

Amending and supplementing some articles of the Ordinance on Judges and Associate Judges of People's Courts:

1. Clause 2 shall be amended and supplemented as follows:

"Article 2

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

a) Supreme People's Court judges;

b) Intermediate judges;

c) Primary judges;

d) Military court judges including Central Military Court judges who are also Supreme People's Court judges, intermediate judges, and primary judges.

2. The Supreme People's Court and the Central Military Court have Supreme People's Court judges. Provincial People's Courts, district People's Courts, provincial-level city People's Courts (collectively referred to as provincial-level People's Courts), military region courts and equivalent courts, and regional military courts have intermediate judges and primary judges.

The number of Supreme People's Court judges, intermediate judges, and primary judges shall be decided by the Standing Committee of the National Assembly upon the proposal of the President of the Supreme People's Court.

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

a) Provincial-level People's Court associate judges and district-level People's Court associate judges (collectively referred to as people's associate judges);

b) Military associate judges of military region courts and equivalent courts, and regional military courts (collectively referred to as military associate judges)."

2. Article 19 is amended and supplemented as follows:

"Article 19

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

a) To transfer intermediate judges and primary judges from one People's Court to another not in the same province or centrally governed city;

b) To detail intermediate judges and primary judges from one People's Court to another not in the same province or centrally governed city for a limited period.

2. To ensure that local People's Courts perform their functions and duties, the President of the provincial-level People's Court decides:

a) To transfer intermediate judges and primary judges from one People's Court to another within the same province or centrally governed city;

b) To detail intermediate judges and primary judges from one People's Court to another within the same province or centrally governed city for a limited period.

3. To ensure that military courts perform their functions and duties, the Minister of Defense decides:

a) To transfer intermediate judges and primary judges from one military court to another after coordinating with the President of the Supreme People's Court;

b) To detail intermediate judges and primary judges from one military court to another for a limited period."

3. Article 20 is amended and supplemented as follows:

"Article 20

A person meeting the criteria stipulated in Clause 1 of Article 5 of this Ordinance, having at least four years of experience in legal work, and possessing the ability to adjudicate cases and resolve other matters within the jurisdiction of the court as prescribed by procedural laws, may be selected and appointed as a primary judge of a People's Court; if such person is a serving military officer, they may be selected and appointed as a primary judge of a military court."

4. Article 21 is amended and supplemented as follows:

"Article 21

1. A person meeting the criteria stipulated in Clause 1 of Article 5 of this Ordinance and having served as a primary judge for at least five years, possessing the ability to adjudicate cases and resolve other matters within the jurisdiction of the court as prescribed by procedural laws, may be selected and appointed as an intermediate judge of a People's Court; if such person is a serving military officer, they may be selected and appointed as an intermediate judge of a military court.

2. In case of personnel needs of the People's Court sector, a person meeting the criteria stipulated in Clause 1 of Article 5 of this Ordinance and having at least ten years of experience in legal work, possessing the ability to adjudicate cases and resolve other matters within the jurisdiction of the court as prescribed by procedural laws, may be selected and appointed as an intermediate judge of a People's Court; if such person is a serving military officer, they may be selected and appointed as an intermediate judge of a military court."

5. Article 22 is amended and supplemented as follows:

"Article 22

1. A person meeting the criteria stipulated in Clause 1 of Article 5 of this Ordinance and having served as an intermediate judge for at least five years, possessing the ability to adjudicate cases and resolve other matters within the jurisdiction of the Supreme People's Court and the Central Military Court, may be selected and appointed as a Supreme People's Court judge; if such person is a serving military officer, they may be selected and appointed as a Central Military Court judge.

2. In case of personnel needs of the People's Court sector, a person meeting the criteria stipulated in Clause 1 of Article 5 of this Ordinance and having at least fifteen years of experience in legal work, possessing the ability to adjudicate cases and resolve other matters within the jurisdiction of the Supreme People's Court and the Central Military Court, may be selected and appointed as a Supreme People's Court judge; if such person is a serving military officer, they may be selected and appointed as a Central Military Court judge."

1. Based on the practical needs of litigation proceedings, ministries, ministerial-level agencies, government agencies, provincial people's committees select individuals meeting the criteria specified in Article 18 and organizations meeting the conditions set out in Article 19 of the Law on Forensic Appraisal to issue decisions recognizing forensic appraisers and forensic appraisal organizations on a case-by-case basis within their jurisdiction.

"Article 23

In cases where it is necessary, persons working in the People's Court sector or those assigned to work in the People's Court sector by competent authorities, although they have not yet accumulated sufficient time to become a Primary Level Judge or Intermediate Level Judge, or have not yet accumulated sufficient time to engage in legal work, but meet all other criteria specified in Articles 20, 21, or Article 22 of this Ordinance, may be selected and appointed as a Primary Level Judge or Intermediate Level Judge in the People's Courts or Supreme People's Court Judges; if such person is an active-duty military officer, they may be selected and appointed as a Primary Level Judge or Intermediate Level Judge in Military Courts or Central Military Court Judges.

7. Article 25 is amended and supplemented as follows:

“Article 25

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

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

b) Various Selection Councils for Intermediate Level Judges and Primary Level Judges in the People's Courts;

c) The Selection Council for Intermediate Level Judges and Primary Level Judges in Military Courts.

2. The Selection Council for Judges operates under a collective system. Decisions of the Selection Council for Judges must be approved by more than half of the total number of members voting in favor.

8. Article 27 is amended and supplemented as follows:

“Article 27

1. The Selection Council for Intermediate Level Judges and Primary Level Judges in the People's Courts includes the Chairman or Vice-Chairman of the Provincial People's Council as the Chairman, the President of the Provincial People's Court, representatives from the Department of Home Affairs, the Vietnam Fatherland Front Committee, and the Provincial Bar Association as members.

The list of members of the Selection Council for Intermediate Level Judges and Primary Level Judges in the People's Courts is 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 Intermediate Level Judges and Primary Level Judges in the People's Courts has the following tasks and powers:

a) To select individuals who meet the criteria to become Intermediate Level Judges and Primary Level Judges in the People's Courts based on the recommendation of the President of the Provincial People's Court and recommend the appointment by the President of the Supreme People's Court;

b) To review cases where Intermediate Level Judges and Primary Level Judges in the People's Courts may be relieved of their judicial positions as stipulated in Clause 2 of Article 29 of this Ordinance based on the recommendation of the President of the Provincial People's Court and recommend the relief by the President of the Supreme People's Court;

c) To review cases where Intermediate Level Judges and Primary Level Judges in the People's Courts may be removed from their judicial positions as stipulated in Clause 2 of Article 30 of this Ordinance based on the recommendation of the President of the Provincial People's Court and recommend the removal by the President of the Supreme People's Court.

9. Article 28 is amended and supplemented as follows:

“Article 28

1. The Selection Council for Intermediate Level Judges and Primary Level Judges in Military Courts includes: the President of the Central Military Court as the Chairman, representatives from the Ministry of National Defense, the Ministry of Public Security, the Central Committee of the Vietnam Fatherland Front, and the Central Committee of the Vietnam Bar Association as members.

The list of members of the Selection Council for Intermediate Level Judges and Primary Level Judges in Military Courts is 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 Intermediate Level Judges and Primary Level Judges in Military Courts has the following tasks and powers:

a) To select individuals who meet the criteria to become Intermediate Level Judges and Primary Level Judges in Military Courts based on the recommendation of the President of the Central Military Court and recommend the appointment by the President of the Supreme People's Court;

b) To review cases where Intermediate Level Judges and Primary Level Judges in Military Courts may be relieved of their judicial positions as stipulated in Clause 2 of Article 29 of this Ordinance based on the recommendation of the President of the Central Military Court and recommend the relief by the President of the Supreme People's Court;

c) To review cases where Intermediate Level Judges and Primary Level Judges in Military Courts may be removed from their judicial positions as stipulated in Clause 2 of Article 30 of this Ordinance based on the recommendation of the President of the Central Military Court and recommend the removal by the President of the Supreme People's Court.

Article 2.

1. This Ordinance takes effect from July 1, 2011.

2. The Government and the Supreme People's Court shall, within the scope of their respective duties and powers, be responsible for guiding the implementation of this Ordinance./.