This Ordinance amends Article 15 on the organization of local People's Courts by clearly stipulating that the election and removal of judges and members of the Judicial Council shall be carried out by the same-level People's Council. It also specifies the exact number of positions for these roles in different administrative units.
适用范围
Supreme People's Court; local People's Courts; People's Council
要点
- The same-level People's Council elects and removes the Chief Judge, Deputy Chief Judge, and judges of local People's Courts (Article 15).
- The number of judges at provincial and centrally-administered city People's Courts ranges from four to eleven people; the number of members of the Judicial Council ranges from three to seven people (Article 15).
- In lower-level administrative units, the number of judges does not exceed five people (Article 15).
- The Chief Judge of the Supreme People's Court provides specific guidance on the number of judges and members of the Judicial Council to be elected within the prescribed limits (Article 15).
- Judges and members of the Judicial Council may or may not be representatives of the People's Council (Article 15).
🌐 本文件的社会影响
- Enhance the role of the People's Council in electing and removing judges and members of the Judicial Council.
- Ensure that the number of judges is appropriate for the workload at each local court.
- Guarantee the professionalism and independence of the judicial system in adjudication.
❓ 常见问题
How does the same-level People's Council elect and remove judges and members of the Judicial Council?
The same-level People's Council elects and removes the Chief Judge, Deputy Chief Judge, and judges of local People's Courts (Article 15).
What is the maximum number of judges at a centrally-administered city People's Court?
Up to eleven people, including the Chief Judge and Deputy Chief Judge (Article 15).
What is the maximum number of members of the Judicial Council at a centrally-administered city People's Court?
Up to seven people (Article 15).
Can judges and members of the Judicial Council be representatives of the People's Council?
They may or may not be representatives of the People's Council (Article 15).
What authority does the Chief Judge of the Supreme People's Court have to provide specific guidance on the number of judges and members of the Judicial Council?
Provide specific guidance based on the workload requirements of each local court within the prescribed limits (Article 15).
全文
ORDINANCE
AMENDING ARTICLE 15 OF THE ORDINANCE SPECIFYING THE ORGANIZATION OF THE SUPREME PEOPLE'S COURT AND LOCAL PEOPLE'S COURTS DATED MARCH 23, 1961
regarding the organization of the Supreme People's Court and the organization of the
local people's courts on March 23, 1961
NATIONAL ASSEMBLY STANDING COMMITTEE
SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 5 of the Law on the Organization of People's Courts dated July 14, 1960;
Considering it necessary to adjust the number of judges and members of the Judicial Council in some local people's courts to ensure that these courts meet work requirements;
At the proposal of the Chief Justice of the Supreme People's Court,
RESOLUTION
Now, Article 15 of the Ordinance specifying the organization of the Supreme People's Court and local people's courts dated March 23, 1961 is amended as follows:
NEW ARTICLE 15. - The Chief Justice, Deputy Chief Justices, and judges of local people's courts at all levels shall be elected and dismissed by the People's Councils at the same level.
Members of the Judicial Council of provincial-level city people's courts or equivalent administrative units directly under the central government shall be elected and dismissed by the People's Councils at the same level.
The Chief Justice, Deputy Chief Justices, judges, and members of the Judicial Council may or may not be representatives of the People's Council.
The number of judges in provincial-level city people's courts or equivalent administrative units, including the Chief Justice and Deputy Chief Justices, shall range from four to eleven. The number of members of the Judicial Council in these courts shall range from three to seven.
The number of judges in municipal-level city people's courts, district-level city people's courts, town-level city people's courts, or equivalent administrative units, including the Chief Justice and Deputy Chief Justices, shall not exceed five.
The Chief Justice of the Supreme People's Court shall guide specifically on the number of judges and members of the Judicial Council to be elected within the above-mentioned limits based on the work requirements of each local people's court.
This Ordinance was adopted by the National Assembly Standing Committee in Hanoi on January 15, 1970./.
TRUONG CHINH
(Signed)
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