Resolution No. 333/2017/UBTVQH14 promulgates the Regulation on cooperation between the Supreme People's Court and the Ministry of National Defense in managing military courts regarding organizational structure.

RESOLUTION

ENACTS REGULATIONS ON COOPERATION BETWEEN THE SUPREME PEOPLE'S COURT AND THE MINISTRY OF NATIONAL DEFENSE IN THE MANAGEMENT OF MILITARY COURTS REGARDING ORGANIZATION

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 the Organization of the People's Courts No.No. 62/2014/QH13;

Considering the proposal of the President of the Supreme People's Court at the Report No.No.622a/TTr-TANDTC dated October 14, 2016,No. This Resolution shall take effect from March 1, 2017.

RESOLUTION:

Article 1

The Regulation on Coordination between the Supreme People's Court and the Ministry of National Defense in managing military courts regarding organization is hereby issued together with this Resolution.

Article 2

The President of the Supreme People's Court and the Minister of National Defense shall be responsible for implementing this Resolution within their respective duties and authorities.

Article 3

This Resolution replaces Resolution No. 134/2002/NQ-UBTVQH11 dated November 4, 2002 of the Standing Committee of the National Assembly on the issuance of Regulations on Cooperation between the Supreme People's Court and the Ministry of National Defense in the management of military courts regarding organization.

REGULATIONS ON COOPERATION

BETWEEN THE SUPREME PEOPLE'S COURT AND THE MINISTRY OF NATIONAL DEFENSE IN THE MANAGEMENT OF MILITARY COURTS REGARDING ORGANIZATION

(Enacted together with Resolution No. 333/2017/
BTVQH14)The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.These regulations stipulate the principles, contents, and methods of cooperation between the Supreme People's Court and the Ministry of National Defense in the management of military courts regarding organization.

PART I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

These regulations apply to the Supreme People's Court, the Ministry of National Defense, and individuals and organizations within these agencies that have responsibilities and authorities related to the management of military courts regarding organization.

Article 2. Applicability

1. Ensuring consistency with the functions, tasks, and powers of each agency as prescribed by the Law on the Organization of the People's Courts.

Article 3. Principles of Cooperation

2. Being proactive, regular, tight, and creating conditions to support each other in performing their tasks well.

Article 4. Forms of Cooperation

1. Issuing joint documents between the President of the Supreme People's Court and the Minister of National Defense.

2. Providing information and documents.

3. Exchanging opinions, organizing meetings, or conducting direct work sessions.

4. Notifying in writing.

5. Inspecting organizational and personnel work of military courts at all levels.

CONTENTS AND METHODS OF COOPERATION

Chapter II

Article 5. Contents of Cooperation

1. Cooperating in organizational structure, staffing, and personnel matters of military courts.

2. Cooperating in the transfer, rotation of judges of military courts; appointing, dismissing, and removing military assessors and budget estimates for the activities of military courts.

3. When necessary, the Supreme People's Court and the Ministry of National Defense exchange and cooperate on other matters in the management of military courts regarding organization.

Article 6. Cooperation in Organizational Structure, Staffing, and Personnel Matters of Military Courts

1. The President of the Supreme People's Court exchanges and cooperates with the Minister of National Defense before:

a) Submitting to the National Assembly for approval the proposal to appoint, dismiss, or remove judges of the Supreme People's Court who hold the position of Chief Judge of the Central Military Court as Deputy Chief Judge of the Supreme People's Court;

b) Submitting to the Standing Committee of the National Assembly for the appointment of representatives of the Ministry of National Defense as members of the Council for the selection and supervision of national judges;

c) Submitting to the State President for the appointment, dismissal, or removal of the Chief Judge of the Central Military Court and judges of military courts;

d) Deciding on representatives of the Ministry of National Defense as members of the Council for the selection of primary, intermediate, and senior judges.

2. The President of the Supreme People's Court agrees with the Minister of National Defense before:

a) Submitting to the Standing Committee of the National Assembly for the decision to establish, dissolve military regional courts and equivalent courts, military area courts, and provisions on territorial jurisdiction of each military court;

b) Submitting to the Standing Committee of the National Assembly for the decision on the number of judges, the ratio of judge ranks at each level of military courts, and the total staffing of military courts;

c) Deciding on the establishment and defining the tasks and authorities of the assisting bodies in military courts;

d) Deciding on the appointment, dismissal, or removal of Deputy Chief Judges of the Central Military Court; Chief Judges, Deputy Chief Judges of military regional courts and equivalent courts; Chief Judges, Deputy Chief Judges of military area courts;

đ) Determining staffing and deciding on the allocation of staffing and the number of judges of military courts.

đ) Prescribe the establishment strength and decide on the allocation of the number of judges for military courts.

Article 7. Coordination in the work of transferring and rotating Military Court Judges; appointing, dismissing, and removing Military Lay Judges, and budgeting for the operation of Military Courts.period1. The Minister of National Defense shall coordinate with the President of the Supreme People's Court before:

a) Transferring and rotating Military Court Judges from one Military Court to another;

b) Guiding the appointment, dismissal, and removal of Military Lay Judges at Military Regional Courts and equivalent courts, and Military Courts in regions.

2. The Ministry of National Defense shall coordinate with the Supreme People's Court to prepare the budget for the operation of Military Courts and propose it to the Government for submission to the National Assembly for decision.

Article 8. Methods of exchange and agreement in cooperative activities

1. During the process of implementing the contents stipulated in Articles 6 and 7 of this Regulation, agencies may provide information, materials, exchange opinions, hold meetings, or conduct direct work.

When providing information and materials is required, the agency requesting such information and materials must issue a written request to the agency being requested, or respond directly. Within seven working days from the date of receipt of the written request, the agency being requested has the responsibility to provide information and materials to the requesting agency; in cases where the request involves complex content that is not readily available, the deadline may be extended but not exceed fifteen days; if the deadline has passed without completion, a written explanation of the reasons must be provided.

The notification document must be signed by the leader of the Supreme People's Court or the leader of the Ministry of National Defense.

2. The results of exchanges, coordination, or agreement between the President of the Supreme People's Court and the Minister of National Defense in the cases stipulated in Articles 6 and 7 of this Regulation shall be notified in writing. The requesting agency has the responsibility to send the document to the requested agency along with related materials. Within seven working days from the date of receipt of the document from the requesting agency or according to the deadline stated in the document, the requested agency has the responsibility to reply in writing to the requesting agency; if the deadline has passed without a response, a written explanation of the reasons must be provided.

The notification document must be signed by the head of the Supreme People's Court or the head of the Ministry of National Defense.

Article 9. Methods of cooperation in inspecting organizational and personnel work of Military Courts at all levels

1. Based on work requirements, the Supreme People's Court shall take the lead in drafting inspection plans for the organizational and personnel work of Military Courts at all levels and send them to the Ministry of National Defense for agreement. The Ministry of National Defense has the responsibility to reply in writing within seven working days from the date of receipt of the draft plan.

2. On the basis of the written opinion of the Ministry of National Defense, the Supreme People's Court shall finalize the plan for both leaders to sign and direct its implementation.

Chapter III

IMPLEMENTATION

Article 10. Responsibility for Implementation

1. The President of the Supreme People's Court and the Minister of National Defense within their respective duties and authorities shall be responsible for implementing this Regulation.

2. Annually, the Supreme People's Court shall take the lead and coordinate with the Ministry of National Defense to organize evaluations and draw lessons from the implementation of this Regulation.

Article 11. Amendment and supplementation of the Regulation

During the implementation of this Regulation, if difficulties or obstacles are discovered, the parties shall actively exchange and reach consensus to promptly propose to the Standing Committee of the National Assembly for consideration and decision on amending and supplementing.