Decision No. 46-NQ/UBTVQH9 Issuing the Regulation on Coordination between the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense in Managing Local People's Courts, Military Region Military Courts and Equivalent Courts, and Military Regional Courts in Terms of Organization

RESOLUTION

ON THE ISSUANCE OF REGULATIONS ON COOPERATION BETWEEN THE MINISTER OF JUSTICE, THE PRESIDENT OF THE SUPREME PEOPLE'S COURT, AND THE MINISTER OF NATIONAL DEFENSE IN THE MANAGEMENT OF LOCAL PEOPLE'S COURTS, MILITARY REGIONAL COURTS AND EQUIVALENT COURTS, AND MILITARY ZONE COURTS IN TERMS OF ORGANIZATION

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to Article 16 of the Law on the Organization of People's Courts and Article 16 of the Ordinance on the Organization of Military Courts;

At the proposal of the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense,

RESOLUTION:

1. Issuing regulations on cooperation between the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense in managing local people's courts, military regional courts and equivalent courts, and military zone courts in terms of organization.

2. The Minister of Justice, 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 powers.

3. These regulations shall take effect from the date of promulgation. All previous provisions that conflict with these regulations shall be abolished.

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam on September 29, 1993.

REGULATIONS

COOPERATION BETWEEN THE MINISTER OF JUSTICE, THE PRESIDENT OF THE SUPREME PEOPLE'S COURT, AND THE MINISTER OF NATIONAL DEFENSE IN THE MANAGEMENT OF LOCAL PEOPLE'S COURTS, MILITARY REGIONAL COURTS AND EQUIVALENT COURTS, AND MILITARY ZONE COURTS IN TERMS OF ORGANIZATION
(Issued together with Resolution No. 46 NQ/UBTVQH9 dated September 29, 1993)

Article 1

Management of local people's courts in terms of organization is carried out by the Minister of Justice in close cooperation with the President of the Supreme People's Court.

Management of military regional courts and equivalent courts, and military zone courts in terms of organization is carried out by the Minister of Justice in close cooperation with the Minister of National Defense and the President of the Supreme People's Court.

Article 2

Cooperation between the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense in managing local people's courts, military regional courts and equivalent courts, and military zone courts in terms of organization shall be implemented through the following forms:

1. Issuing joint documents signed by the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense;

2. Notifying by written document;

3. Exchanging opinions by written document or directly;

4. Cooperating to organize inspections of the work of local people's courts, military regional courts and equivalent courts, and military zone courts.

Article 3

The Minister of Justice shall unify opinions with the President of the Supreme People's Court before:

1. Submitting to the Standing Committee of the National Assembly for decision on the number of judges and lay judges of local people's courts;

2. Submitting to the Standing Committee of the National Assembly for regulation on the model of uniforms, distribution and usage of uniforms, and identification cards of judges;

3. Submitting to the State President for appointment, dismissal, or removal of the Chief Judge and Deputy Chief Judge of provincial, municipal, district, city, and provincial-level people's courts;

4. Submitting to the State President for dismissal of judges of provincial, municipal, district, city, and provincial-level people's courts;

5. Submitting to the State President for appointment, dismissal, or removal of judges of district, city, and provincial-level people's courts;

6. Submitting to the Government for decision on the total staffing, total budget, salary, and other allowances of local people's courts.

In case of differing opinions on matters stipulated in this Article, the Minister of Justice and the President of the Supreme People's Court shall submit their opinions for consideration and decision by the Standing Committee of the National Assembly, the State President, or the Government.

Article 4

The Minister of Justice shall exchange opinions with the President of the Supreme People's Court before:

1. Guiding the implementation or deciding on the organizational structure of the staff of local people's courts;

2. Determining the staffing, number of judges, and lay judges for each local people's court;

3. Guiding the election of lay judges of local people's courts;

4. Deciding the list of members of the selection council for judges of district, city, and provincial-level people's courts;

5. Deciding the planning and training programs to improve the qualifications of judges of local people's courts;

6. Approving the design of the headquarters of local people's courts for basic construction investment plans.

In case of differing opinions on matters stipulated in this Article, the Minister of Justice shall decide according to his authority; the President of the Supreme People's Court has the right to request the Prime Minister to reconsider the decision of the Minister of Justice.

Article 5

The Minister of Justice shall unify opinions with the President of the Supreme People's Court before deciding on rewards or recommending state authorities with appropriate authority to award collectives and individuals of local people's courts.

Article 6

The Minister of Justice shall unify opinions with the President of the Supreme People's Court before deciding on the transfer of judges from one local people's court to another at the same level.

, Clause 1, Clause 2 Article 7a of this Regulation.

The Minister of Justice shall unify opinions with the President of the Supreme People's Court and the Minister of National Defense before:

1. Submitting to the Standing Committee of the National Assembly for decision on the list of members of the selection council for judges of provincial, municipal, district, city, and provincial-level people's courts, military regional courts and equivalent courts, and military zone courts;

2. Submitting to the Standing Committee of the National Assembly for decision on the number of judges and military lay judges of military regional courts and equivalent courts, and military zone courts;

3. Submitting to the State President for appointment, dismissal, or removal of the Chief Judge and Deputy Chief Judge of military regional courts and equivalent courts, and military zone courts;

4. Submitting to the State President for dismissal of judges of military regional courts and equivalent courts, and military zone courts;

5. Submitting to the Government for decision on the total staffing of military regional courts and equivalent courts, and military zone courts.

In case there are differing opinions on the provisions of this Article, then the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense shall present their opinions for consideration and decision by the Standing Committee of the National Assembly, the State President, or the Government.

Article 8

The Minister of Justice shall exchange opinions with the Minister of National Defense and the President of the Supreme People's Court before:

1. Establishing the staffing levels and number of military judges and lay assessors for each Military Division Court and equivalent, and Military Region Court;

2. Deciding on the training and capacity-building plans for military judges of Military Division Courts and equivalent, and Military Region Courts;

In case there are differing opinions on the issues stipulated in this Article, then the Minister of Justice shall decide within his authority; the Minister of National Defense and the President of the Supreme People's Court have the right to request the Prime Minister to reconsider the decision of the Minister of Justice.

Article 9

The Minister of Justice shall reach consensus with the Minister of National Defense and the President of the Supreme People's Court before deciding to establish or dissolve Military Division Courts and equivalent, and Military Region Courts.

In case there are differing opinions, then the Minister of Justice, the Minister of National Defense, and the President of the Supreme People's Court shall present their opinions for consideration and decision by the Standing Committee of the National Assembly.

Article 10

The Minister of National Defense shall exchange opinions with the Minister of Justice and the President of the Supreme People's Court before:

1. Preparing the budget for the operation of Military Division Courts and equivalent, and Military Region Courts and proposing it to the Government for submission to the National Assembly for decision;

2. Guiding the assignment of military assessors to Military Division Courts and equivalent, and Military Region Courts;

3. Deciding on the planning of personnel at Military Division Courts and equivalent, and Military Region Courts.

In case there are differing opinions on the issues stipulated in this Article, then the Minister of National Defense shall decide within his authority; the Minister of Justice and the President of the Supreme People's Court have the right to request the Prime Minister to reconsider the decision of the Minister of National Defense.

Article 11

The Minister of National Defense shall reach consensus with the Minister of Justice and the President of the Supreme People's Court before deciding on rewards or recommending state authorities to award collectives and individuals of Military Division Courts and equivalent, and Military Region Courts.

Article 12

The Minister of National Defense shall reach consensus with the Minister of Justice before establishing the number of professional staff at Military Division Courts and equivalent, and Military Region Courts.

In case there are differing opinions, then the Minister of National Defense and the Minister of Justice shall present their opinions for the Prime Minister to consider and decide.

Article 13

The Minister of National Defense shall reach consensus with the Minister of Justice before transferring judges from one Military Division Court to another at the same level.

Article 14

Reports of the Minister of Justice on the management of local People's Courts, Military Division Courts and equivalent, and Military Region Courts in terms of organization submitted to the National Assembly, the Standing Committee of the National Assembly, the State President, and the Government shall be sent to the President of the Supreme People's Court, the Minister of National Defense.

Reports of the President of the Supreme People's Court on the adjudication work of local People's Courts, Military Division Courts and equivalent, and Military Region Courts submitted to the National Assembly, the Standing Committee of the National Assembly, and the State President shall be sent to the Minister of Justice and the Minister of National Defense.

Article 15

When the President of the Supreme People's Court, the Minister of National Defense, or the Minister of Justice identifies issues that need timely consideration and guidance in the organizational or adjudicatory work of local People's Courts, Military Division Courts and equivalent, and Military Region Courts, they shall immediately notify each other or exchange opinions to resolve according to their authority.

Article 16

The Minister of Justice and the President of the Supreme People's Court shall reach consensus on the regulations governing the coordination between the Director of the Department of Justice and the President of the People's Court of the province, centrally-administered city in managing local People's Courts in all aspects of organization.