Resolution No. 57/2002/QH10 stipulates the implementation of the Ordinance on Judges and Associate Judges of People's Courts and the Ordinance on Prosecutors of People's Procuratorates. This resolution sets forth the term for reappointment of Judges and Prosecutors, and specifies special cases where they may be selected and appointed.
要点
- Judges appointed before October 15, 2002 shall continue to perform their duties until the end of their five-year term from the date of appointment. In special cases, individuals without a bachelor's degree in law but meeting other criteria may still be selected and reappointed.
- Prosecutors appointed before October 15, 2002 shall continue to perform their duties until the end of 2005. In special cases, individuals without a bachelor's degree in law but meeting other criteria may still be selected and reappointed.
- In both cases of Judges and Prosecutors, during the new term, they must study to obtain a bachelor's degree in law.
🌐 本文件的社会影响
- Positive impact: Helps ensure continuity in judicial and prosecutorial work. Ensures the quality of the Judge and Prosecutor workforce meets legal requirements.
- Negative impact: May cause difficulties for some individuals without a bachelor's degree in law but meeting other criteria to continue working.
❓ 常见问题
Judges appointed before October 15, 2002 must perform their duties until when?
Judges appointed before October 15, 2002 shall continue to perform their duties until the end of their five-year term from the date of appointment.
In special cases, can Judges and Prosecutors who do not have a bachelor's degree in law but meet other criteria be selected and reappointed?
Yes, in special cases, individuals without a bachelor's degree in law but meeting other criteria may still be selected and reappointed as Judges or Prosecutors. During the new term, they must study to obtain a bachelor's degree in law.
Prosecutors appointed before October 15, 2002 must perform their duties until when?
Prosecutors appointed before October 15, 2002 shall continue to perform their duties until the end of 2005.
In special cases, can individuals who do not have sufficient time working in legal affairs but meet other criteria be selected and appointed?
Yes, in special cases, individuals who do not have sufficient time working in legal affairs, have not been trained in adjudication or prosecution but meet other criteria as specified in the Ordinance on Judges and Associate Judges of People's Courts or the Ordinance on Prosecutors of People's Procuratorates may still be selected and appointed.
When does this resolution take effect?
This resolution takes effect from October 15, 2002.
全文
RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
REGULATING CERTAIN POINTS REGARDING THE IMPLEMENTATION OF THE ORDINANCE ON JUDGES AND ASSOCIATE JUDGES OF THE PEOPLE'S COURTS AND THE ORDINANCE ON PROSECUTORS OF THE PEOPLE'S PROSECUTION SERVICES
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;
Based on the Law on the Organization of the National Assembly;
AT THE REQUEST OF THE CHIEF JUSTICE OF THE SUPREME PEOPLE'S COURT AND THE PROSECUTOR GENERAL OF THE SUPREME PEOPLE'S PROSECUTION SERVICE;
RESOLUTION:
Article 1
THE ORDINANCE ON JUDGES AND ASSOCIATE JUDGES OF THE PEOPLE'S COURTS AND THE ORDINANCE ON PROSECUTORS OF THE PEOPLE'S PROSECUTION SERVICES WERE APPROVED BY THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON OCTOBER 4, 2002, AND SHALL TAKE EFFECT FROM OCTOBER 15, 2002.
Article 2
1. JUDGES APPOINTED BEFORE OCTOBER 15, 2002 SHALL CONTINUE TO PERFORM THEIR DUTIES UNTIL THE END OF THE FIVE-YEAR TERM COUNTING FROM THE DATE OF APPOINTMENT.
2. FOR JUDGES APPOINTED BEFORE OCTOBER 15, 2002, WHEN CONSIDERING REAPPOINTMENT, THOSE WHO DO NOT YET HAVE A BACHELOR'S DEGREE IN LAW OR TRAINING CERTIFICATE IN TRIAL PROCEDURES BUT SATISFY OTHER CRITERIA AS PROVIDED FOR IN THE ORDINANCE ON JUDGES AND ASSOCIATE JUDGES OF THE PEOPLE'S COURTS MAY STILL BE SELECTED AND APPOINTED AS JUDGES, BUT THEY MUST STUDY TO OBTAIN A BACHELOR'S DEGREE IN LAW DURING THE NEW TERM.
3. IN SPECIAL CASES, PERSONS TRANSFERRED TO WORK IN THE PEOPLE'S COURTS BY AUTHORITIES WITH COMPETENT AUTHORITY, WHO DO NOT YET HAVE SUFFICIENT TIME WORKING IN LEGAL AFFAIRS OR TRAINING IN TRIAL PROCEDURES, BUT SATISFY OTHER CRITERIA AS PROVIDED FOR IN THE ORDINANCE ON JUDGES AND ASSOCIATE JUDGES OF THE PEOPLE'S COURTS MAY STILL BE SELECTED AND APPOINTED AS JUDGES.
Article 3
1. PROSECUTORS APPOINTED BEFORE OCTOBER 15, 2002 SHALL CONTINUE TO PERFORM THEIR DUTIES UNTIL OCTOBER 15, 2005.
2. FOR PROSECUTORS APPOINTED BEFORE OCTOBER 15, 2002, WHEN CONSIDERING REAPPOINTMENT, THOSE WHO DO NOT YET HAVE A BACHELOR'S DEGREE IN LAW OR TRAINING CERTIFICATE IN PROSECUTORIAL PROCEDURES BUT SATISFY OTHER CRITERIA AS PROVIDED FOR IN THE ORDINANCE ON PROSECUTORS OF THE PEOPLE'S PROSECUTION SERVICES MAY STILL BE SELECTED AND APPOINTED AS PROSECUTORS, BUT THEY MUST STUDY TO OBTAIN A BACHELOR'S DEGREE IN LAW DURING THE NEW TERM.
3. IN SPECIAL CASES, PERSONS TRANSFERRED TO WORK IN THE PEOPLE'S PROSECUTION SERVICES BY AUTHORITIES WITH COMPETENT AUTHORITY, WHO DO NOT YET HAVE SUFFICIENT TIME WORKING IN LEGAL AFFAIRS OR TRAINING IN PROSECUTORIAL PROCEDURES, BUT SATISFY OTHER CRITERIA AS PROVIDED FOR IN THE ORDINANCE ON PROSECUTORS OF THE PEOPLE'S PROSECUTION SERVICES MAY STILL BE SELECTED AND APPOINTED AS PROSECUTORS.
Article 4
THE SUPREME PEOPLE'S COURT AND THE SUPREME PEOPLE'S PROSECUTION SERVICE SHALL BE RESPONSIBLE FOR IMPLEMENTING AND GUIDING THE IMPLEMENTATION OF THIS RESOLUTION WITHIN THE SCOPE OF THEIR TASKS AND POWERS./.
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