Decision No. 23/2004/QĐ-TTg On the establishment of the Judicial Academy

DECISION

Regarding the establishment of the Judicial Academy

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 43/2000/NĐ-CP dated August 30, 2000 detailing and guiding the implementation of the Education Law;
At the proposal of the Minister of Justice,

Pursuant to …;

Article 1. The Judicial Academy shall be established based on the School for Training Judicial Positions under the Ministry of Justice.

Article 2.

1. The Judicial Academy is an educational institution directly under the Ministry of Justice, operating according to the University Charter.

2. The Judicial Academy is a self-financing public service entity with legal personality, its own seal bearing the national emblem, separate bank accounts, and headquarters in Hanoi and a branch in Ho Chi Minh City.

Article 3. The Judicial Academy has the following tasks and powers:

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

2. Enhancing the professional and vocational skills of enforcement officers, notaries, lawyers, and other judicial position staff under the management authority of the Ministry of Justice;

3. Conducting scientific research to support training and development of judicial position staff;

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

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

Article 4. The organizational structure of the Judicial Academy includes:

1. Director and Deputy Directors:

a) The Director and Deputy Directors of the Judicial Academy are appointed by the Minister of Justice;

b) The Director of the Judicial Academy is responsible to the Minister of Justice for managing and directing the activities of the Judicial Academy.

2. Departments and functional offices include:

a) Departments include: Department of Judge Training, Department of Prosecutor Training, Department of Lawyer Training, Department of Enforcement Officer Training, and other judicial position training departments;

b) Functional offices include: Organizational and Administrative Office, Training Office, Financial and Accounting Office, Management Office, International Cooperation Office, Information Technology Office, Research Center, and Branch in Ho Chi Minh City. The Director of the Judicial Academy defines the functions and responsibilities of the departments and functional offices within the Academy.

Article 5. Responsibilities of the Ministries, People's Committee of Hanoi City, and People's Committee of Ho Chi Minh City:

1. The Ministry of Justice leads and coordinates with relevant agencies to establish the organizational structure, review current personnel and material resources to supplement and strengthen the Judicial Academy; determine annual training and development needs for judicial positions;

2. The Ministry of Justice requests the Supreme People's Court and the Supreme People's Procuracy to assist the Judicial Academy in building a pool of adjunct lecturers and meeting annual training needs for judges and prosecutors.

The Ministry of Justice leads and coordinates with the Ministry of National Defense to determine annual training needs for military judges, military prosecutors, and military enforcement officers;

3. 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 operational budget, training, and development funding for the Judicial Academy;

4. The Ministry of Justice leads and coordinates with the Ministry of Education and Training to determine the training code for the Judicial Academy;

5. The Ministry of Home Affairs leads and coordinates with the Ministry of Justice to establish staffing for the Judicial Academy;

6. The Ministry of Justice leads and coordinates with the Ministry of Finance, the Ministry of Planning and Investment, the People's Committee of Hanoi City, and the People's Committee of Ho Chi Minh City in constructing the headquarters of the Judicial Academy in Hanoi and the branch in Ho Chi Minh City.

Article 6.

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. Abolish Decision No. 34/1998/QĐ-TTg dated February 11, 1998 of the Government Chairman regarding the establishment of the School for Training Judicial Positions.

3. The Minister of Justice, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.