Resolution No. 929/2015/UBTVQH13 Issuing the Regulation on the Operation of the National Judge Selection and Supervision Council

RESOLUTION

ISSUING REGULATIONS ON THE OPERATIONS OF THE NATIONAL JUDGES SELECTION AND SUPERVISION BOARD  NATIONAL JUDGES SELECTION AND SUPERVISION BOARD

  _________________

 

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

Pursuant to Resolution No. 81/2014/QH13 on the implementation of the Law on the Organization of People's Courts;

Considering the proposal of the President of the Supreme People's Court,

 

RESOLUTION:

Article 1. Issuing Regulations on the operations of the National Judges Selection and Supervision Board.

Article 2. This Resolution takes effect from the date of issuance./.

 

REGULATIONS

OPERATIONS OF THE NATIONAL JUDGES SELECTION AND SUPERVISION BOARD

(Issued together with Resolution No. 929/2015/UBTVQH13 dated May 14, 2015 of the Standing Committee of the National Assembly)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the operations of the National Judges Selection and Supervision Board (hereinafter referred to as the Board); procedures and formalities for considering and selecting to propose appointment; procedures and formalities for considering to propose removal or dismissal of judges; procedures and formalities for supervising judges; jurisdiction to resolve complaints and denunciations related to the work of selection to propose appointment, consideration to propose removal or dismissal, and supervision of judges.

Article 2. Principles of Operation of the Council

1. The Board operates under the principle of collective responsibility and decides by majority vote.

2. The Board assigns one member to assist the Chairman of the Board in handling matters between Board meetings.

3. When performing its tasks, the Board uses the seal of the Supreme People's Court.

Article 3. Duration of Membership in the Board

1. A Board member ceases to be a member when retiring, resigning, transferring to another job, or due to health reasons or other reasons that make it impossible to ensure the completion of assigned tasks, or being removed.

2. A Board member may be removed if they violate moral standards; violate laws or regulations regarding the responsibilities of Board members as stipulated in these Regulations.

Based on the Board's recommendation, the President of the Supreme People's Court proposes to the Standing Committee of the National Assembly to remove a Board member.

Article 4. Responsibilities of the Chairman of the Board

1. Directing the work of the Board.

2. Directing the resolution of matters between Board meetings.

3. Summoning and chairing Board meetings according to these Regulations.

4. Maintaining regular contact with Board members.

5. Deciding on the content and time of Board meetings.

6. Completing files for submission to competent authorities for consideration of appointment, removal, or dismissal of judges.

7. Notifying Board members of the results of approval, appointment, removal, or dismissal of judges at the next Board meeting.

8. Reporting the activities of the Board to the National Assembly, the President of the State, and the Standing Committee of the National Assembly.

Article 5. Responsibilities of Board Members

1. Operating in accordance with the provisions of these Regulations and laws; must act independently, impartially, keep work confidential, and bear individual responsibility before the Board.

2. Participating fully in Board meetings, discussing and voting on issues within the agenda of Board meetings. In case of inability to attend a meeting, they must report the reason to the Chairman of the Board.

Article 6. Board Meetings

1. The Board convenes regularly once every quarter. The Board may organize special or extraordinary meetings upon the Chairman's proposal or upon the proposal of at least two-thirds of Board members.

2. Board meetings are convened by the Chairman of the Board. Board meetings must have at least two-thirds of Board members present. All decisions of the Board are made during Board meetings and must be approved by more than half of the total number of Board members, except in cases where no meeting is held as provided for in Clause 6 of this Article.

3. The meeting for selecting to propose the Supreme People's Court President to submit to the National Assembly for approval of the proposal to appoint Supreme People's Court judges must be conducted at least two months before the opening day of the National Assembly session.

4. Regular meeting materials of the Board must be sent to members at least seven working days before the meeting.

5. In necessary cases, the Chairman of the Council may:

a) Inviting representatives of relevant agencies, units, and organizations to attend Board meetings to express opinions but not participate in voting.

b) Requesting individuals under consideration for appointment; those under consideration for removal or dismissal of judges to attend the meeting to explain or answer questions posed by Board members.

6. The Board may not hold a meeting in cases where individuals are transferred by authorized agencies or organizations to assume leadership positions at higher-level courts, provincial courts, centrally-administered city courts, district courts, urban district courts, provincial city courts, and equivalent courts in special circumstances as stipulated in Clause 6 of Article 68 of the Law on the Organization of People's Courts. In such cases, the Chairman of the Board sends a document along with the file to Board members for written comments. The Chairman directs the compilation of Board members' opinions, completes the file, and proposes the Supreme People's Court President to submit to the President of the State for decision on the appointment of senior judges, intermediate judges, and primary judges.

Article 7. Reporting System on the Activities of the Council

1. Annually, the Council shall be responsible for reporting its activities to the National Assembly, the President of the State, and the Standing Committee of the National Assembly.

2. The Council shall prepare specialized or urgent reports at the request of the President of the State or the Standing Committee of the National Assembly regarding the selection and supervision of Judges.

Article 8. Authority to Resolve Complaints and Petitions of the Council

1. The Council has the authority to examine and resolve complaints and petitions related to the Council's activities.

The Chairman of the Council shall instruct the Secretariat of the Council as stipulated in Article 27 of this Regulation (hereinafter referred to as the Secretariat) to coordinate with relevant units under the Supreme People's Court and other related agencies and organizations to verify, clarify, and report to the Council.

2. If a complaint or petition does not fall within the Council's jurisdiction as provided in Clause 1 of this Article, the Council shall transfer it to the competent agency or organization for resolution according to the law. The competent agency or organization shall have the responsibility to notify the Council of the resolution results.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR SELECTION AND NOMINATION TO APPOINT; PROCEDURE AND PROCEDURAL REQUIREMENTS FOR SELECTION TO NOMINATE REMOVAL FROM OFFICE OR DISMISSAL OF JUDGES

Section 1

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR SELECTION AND NOMINATION TO APPOINT JUDGES

Article 9. Procedure and Procedural Requirements for the Meeting to Examine Selection and Nomination to Appoint Judges of the Supreme People's Court

The procedure and procedural requirements for the meeting to examine and select for nomination to appoint Judges of the Supreme People's Court shall be conducted as follows:

1. The Chairman of the Council opens and chairs the meeting.

2. The Chairman of the Council or a member of the Council authorized by the Chairman shall present the dossier of the person being examined and selected.

The examination and selection for nomination to appoint Judges of the Supreme People's Court shall be carried out individually for each person in the order of A, B, C...

3. Based on the criteria and conditions for appointment of Judges of the Supreme People's Court as prescribed in the Law on the Organization of the People's Courts and the dossier of the person being examined and selected, members of the Council shall express their opinions and discuss.

4. The chairperson of the meeting may invite representatives of agencies, units, organizations, or individuals specified in Clause 5 of Article 6 of this Regulation to express their opinions or answer questions from Council members.

4. The chairperson of the meeting shall conclude; members of the Council present at the meeting shall vote secretly for each individual in the list.

In cases where the dossier of the person being examined and selected for nomination to appoint Judges of the Supreme People's Court is found to be incomplete, unclear, or subject to complaints or petitions that the majority of Council members consider necessary to supplement or verify, the Chairman of the Council shall decide to temporarily suspend the examination of that person to supplement the dossier or verify the facts.

Article 10. Dossier Submitted to the National Assembly for Approval of the Nomination to Appoint Judges of the Supreme People's Court

At the Council's proposal, the Chief Justice of the Supreme People's Court shall submit to the National Assembly for approval of the nomination to appoint Judges of the Supreme People's Court.

The dossier includes the Proposal of the Chief Justice of the Supreme People's Court, the Minutes of the Council's meeting, the Resolution of the Council's meeting, the personal dossier of the person being examined and selected for nomination to appoint Judges of the Supreme People's Court, and other related documents.

Article 11. Procedure and formalities for meetings to examine and select candidates for the nomination of Senior Judges, Intermediate Judges, and Primary Judges

1. The Chairman of the Council opens and chairs the meeting.

2. The Chairman of the Council or a member of the Council authorized by the Chairman shall present the dossier of the person being examined and selected.

The examination and selection process for nominating Judges of the Supreme People's Court shall be conducted individually in the order of A, B, C...

3. Based on the criteria and conditions for appointing Senior Judges, Intermediate Judges, and Primary Judges as stipulated in the Law on the Organization of the People's Courts and the dossier of the person being examined and selected, members of the Council express their opinions and discuss.

The chairperson of the meeting may invite representatives from agencies, units, organizations, or individuals specified in Clause 5, Article 6 of this Regulation to present their opinions or answer questions posed by Council members.

4. The chairperson of the meeting shall conclude; members of the Council present at the meeting shall vote secretly for each individual in the list.

In cases where it is discovered that the dossier of the person being examined and selected for the nomination of Senior Judges, Intermediate Judges, and Primary Judges is incomplete, unclear, or subject to complaints or accusations, and if the majority of Council members consider it necessary to supplement or verify the dossier, the Chairman of the Council decides to temporarily suspend the examination of that person to complete the dossier or verify the facts.

Article 12. Dossier submitted to the President of the State for the decision to appoint Senior Judges, Intermediate Judges, and Primary Judges

Upon the recommendation of the Council, the Chief Justice of the Supreme People's Court submits to the President of the State for the appointment of Senior Judges, Intermediate Judges, and Primary Judges.

The dossier includes the report of the Chief Justice of the Supreme People's Court, the minutes of the Council meeting, the resolution of the Council meeting, the personal dossier of the person being examined and selected for the nomination of Senior Judges, Intermediate Judges, and Primary Judges, and other related documents.

Article 13. Personal dossier submitted to the Council for examination to recommend reappointment of Judges

1. The personal dossier submitted to the Council for recommending the examination to nominate Judges includes:

a) Voluntary application to become a Judge;

b) Curriculum vitae (with a 4x6 photo attached), confirmed by the personnel management agency according to the prescribed form by the competent authority;

c) Declaration of assets and income according to the prescribed form by the competent authority;

d) Certified copies (legally authenticated) of university graduation certificates in law, training certificates in adjudication, certificates of passing the selection examination for the Judge rank; diplomas and certificates regarding political theory, state administration levels, and other relevant diplomas and certificates related to the selection and appointment of Judges (if any);

đ) Self-criticism report of the person nominated for selection and appointment as a Judge according to the form prescribed by the Chief Justice of the Supreme People's Court;

e) Evaluation report by the head of the agency, unit, or organization regarding the work performance, professional skills, political qualities, and lifestyle of the person nominated for selection and appointment as a Judge;

g) Minutes and results of opinion solicitation from agencies, units, and organizations regarding the person recommended for selection and appointment as a Judge.

2. For persons selected for nomination as Judges of the Supreme People's Court as provided for in Clause 2, Article 69 of the Law on the Organization of the People's Courts, the dossier includes the documents specified in points a, b, c, e, and g of Clause 1 of this Article and diplomas and certificates regarding professional qualifications in the field of current employment.

3. The personal dossier submitted to the Council for examination to recommend reappointment of Judges includes the documents specified in points c, đ, e, and g of Clause 1 of this Article and an updated curriculum vitae.

Section 2

PROCEDURE AND FORMALITIES FOR EXAMINATION TO RECOMMEND REMOVAL FROM OFFICE OR DISMISSAL OF JUDGES

Article 14. Procedure and formalities for the meeting to consider the proposal to remove or dismiss a Supreme People's Court Judge

The procedure and formalities for the meeting to consider the proposal to remove or dismiss a Supreme People's Court Judge shall be conducted as follows:

1. The Chairman of the Council opens and chairs the meeting.

2. The Chairman of the Council himself or authorizes a Council member to present the document of the President of the Supreme People's Court proposing to consider the removal or dismissal of a Supreme People's Court Judge.

3. Based on the provisions of the Law on the Organization of the People's Courts regarding the removal or dismissal of Judges and the file of the person being considered for removal or dismissal, members of the Council express their opinions and discuss.

The chairperson of the meeting may invite representatives of agencies, units, organizations, or individuals specified in Clause 5, Article 6 of this Regulation to express their opinions or explain questions raised by Council members.

4. The Chairman of the Council concludes; members of the Council present at the meeting proceed with secret ballot voting.

In case the file of the person being considered for removal or dismissal of a Supreme People's Court Judge is found to be incomplete, unclear issues exist, or there are complaints or accusations that the majority of Council members deem it necessary to supplement or verify, the Chairman of the Council decides to temporarily suspend the consideration of that person to supplement the file or verify the facts.

Article 15. Documents submitted to the National Assembly for approval of the proposal to remove or dismiss a Supreme People's Court Judge

At the request of the Council, the President of the Supreme People's Court submits to the National Assembly for approval the proposal to remove or dismiss a Supreme People's Court Judge.

The documents submitted include the Proposal of the President of the Supreme People's Court, the minutes of the Council meeting, the Resolution of the Council meeting, the personal file of the person being considered for removal or dismissal of a Supreme People's Court Judge, and other related documents.

Article 16. Procedure and formalities for the meeting to consider the proposal to remove or dismiss a Senior Judge, Intermediate Judge, or Primary Judge

1. The Chairman of the Council opens and chairs the meeting.

2. The Chairman of the Council himself or authorizes a Council member to present the Proposal of the President of the Supreme People's Court proposing to consider the removal or dismissal of a Senior Judge, Intermediate Judge, or Primary Judge.

3. Based on the provisions of the Law on the Organization of the People's Courts regarding the removal or dismissal of Judges and the file of the person being considered for removal or dismissal, members of the Council express their opinions and discuss.

The chairperson of the meeting may invite representatives of agencies, units, organizations, or individuals specified in Clause 5, Article 6 of this Regulation to express their opinions or explain questions raised by Council members.

4. The Chairman of the Council concludes; members of the Council present at the meeting proceed with secret ballot voting.

In case the file of the person being considered for removal or dismissal of a Senior Judge, Intermediate Judge, or Primary Judge is found to be incomplete, unclear issues exist, or there are complaints or accusations that the majority of Council members deem it necessary to supplement or verify, the Chairman of the Council decides to temporarily suspend the consideration of that person to supplement the file or verify the facts.

Article 17. Documents submitted to the President of the State for the decision to remove or dismiss a Senior Judge, Intermediate Judge, or Primary Judge

At the request of the Council, the President of the Supreme People's Court submits to the President of the State for the decision to remove or dismiss a Senior Judge, Intermediate Judge, or Primary Judge.

The documents submitted include the Proposal of the President of the Supreme People's Court, the minutes of the Council meeting, the Resolution of the Council meeting, the personal file of the person being proposed for consideration of removal or dismissal of a Senior Judge, Intermediate Judge, or Primary Judge, and other related documents.

Article 18. Personal files submitted to the Council for consideration of removal from office or dismissal of Judges

1. The personal file submitted to the Council for consideration of removal from office of Judges includes:

a) A resignation letter requesting removal from office, clearly stating the reasons for requesting removal from office;

b) A health status confirmation certificate issued by a competent health authority; a family circumstances confirmation certificate or other documents proving the reasons for requesting removal from office (if applicable);

c) The written opinion of the Chief Judge of the Court where the Judge works regarding the Judge's health status, family circumstances, or other reasons that make it impossible to fulfill assigned tasks.

2. The personal file submitted to the Council for consideration of dismissal of Judges includes:

a) The self-criticism record of the Judge concerning the conduct specified in Article 82 of the Law on Organization of People's Courts. In cases where the Judge does not prepare a self-criticism record, the file must include a written report by the Chief Judge of the Court where the Judge works;

b) The meeting minutes of the disciplinary committee regarding the Judge's disciplinary violations;

c) Documents proving the Judge's violations (if applicable);

d) The disciplinary decision made by the person or organization with the authority to impose discipline on the Judge (if applicable).

3. For Judges who are automatically removed from office according to Clause 1, Article 81 or automatically dismissed according to Clause 1, Article 82 of the Law on Organization of People's Courts, there is no need to submit a request to the Council for consideration. The Chief Judge of the Supreme People's Court has the responsibility to report to the National Assembly, the President of the State, and the Standing Committee of the National Assembly about the automatic removal from office or dismissal of Judges.

Chapter III

SUPERVISION OF JUDGES

Article 19. Subjects of Supervision

The Council supervises Supreme People's Court Judges, Senior Judges, Associate Judges, and Assistant Judges.

Article 20. Content of Judge Supervision

1. The performance of duties and powers of Judges as stipulated in the Law on Organization of People's Courts and related laws.

2. Professional ethics, conduct rules, and lifestyle of Judges.

3. The fulfillment of responsibilities of Judges as prescribed in Article 76 of the Law on Organization of People's Courts; the compliance with prohibitions imposed on Judges as stipulated in Article 77 of the Law on Organization of People's Courts.

4. Compliance with legal provisions on asset and income transparency; anti-corruption and thrift measures.

Article 21. The Council's Supervision Program

1. The Council decides on the quarterly, annual supervision programs, and ad hoc supervision programs upon proposal by Council members or at the request of authorized agencies or persons.

Based on the approved supervision program, the Council informs the People's Courts, relevant agencies, and organizations.

The Council assigns Council members to implement the contents of the program and report the results to the Council.

2. The Secretariat assists the Council in developing plans and organizing the implementation of the supervision program.

Article 22. Supervisory Activities of the Council

1. Reviewing reports from Judges on relevant matters as required by the Supervision Team.

2. Reviewing reports from the Chief Judge of the People's Court where the Judge works.

3. Requesting authorized authorities to provide documents on the resolution of complaints and accusations against Judges.

4. Organizing the Supervision Team.

Article 23. Review Reports

1. The Council requests the Judge to report on the contents as prescribed in Article 20 of this Regulation.

Where necessary, the Council may assign a member of the Council to verify and clarify the contents in the Judge's report; request the President of the Court where the Judge works to report.

2. The Council reviews the Judge's report in the following sequence:

a) The Secretariat presents the reports, opinions, or conclusions of the competent authority regarding the handling of complaints and denunciations against the Judge (if any).

Where necessary, the Council may request the Judge, invite the President of the People's Court of the province where the Judge works, the President of the High People's Court, or a representative of the Supreme People's Court leadership to present their opinions.

b) The Council member assigned to verify presents the report.

c) Representatives of invited organizations and individuals participating in the session shall express their opinions;

d) Members of the Council express their opinions and discuss.

đ) The Chairman of the Council concludes; members of the Council present at the meeting conduct secret voting.

Article 24. Organization of the Supervisory Team

1. Based on the supervision program or at the request of a Council member or at the request of an agency or person with authority, the Council decides to establish a Supervisory Team.

2. The Resolution of the Council on the establishment of the Supervisory Team must clearly define the content, plan for supervision, composition of the Supervisory Team, and the Judge subject to supervision.

3. The content and plan for supervision of the Supervisory Team shall be notified to the Judge subject to supervision and the relevant Court at least fifteen days before the Supervisory Team begins its supervision activities.

4. The Supervision Team has the following tasks and powers:

a) Implement the supervision content and plan as stipulated in the Resolution on establishing the Supervision Team;

b) Require the Judge subject to supervision and the relevant Court to submit a written report, provide information and documents related to the supervision content, explain issues of concern to the Supervisory Team.

c) Examine and verify issues deemed necessary by the Supervision Team;

d) When discovering that the Judge has committed a violation of the law, the Supervisory Team has the right to propose the relevant agency or organization to examine and handle according to the law. The relevant agency or organization is responsible for informing the Council of the results of the resolution.

đ) Within no more than fifteen days from the end of the supervision activity, the Supervisory Team must submit a report on the supervision results to the Council for review and decision.

Article 25. Review of the Supervisory Team's Report

The Council shall review the report of the Supervisory Delegation in accordance with the following procedures:

1. The Head of the Supervisory Team presents the report.

2. Representatives of invited agencies and organizations make statements at the meeting;

3. The Council discusses.

During the discussion, representatives of the Supervisory Delegation may present additional information on related issues;

4. The Council issues a Resolution on the supervised content. This Resolution is sent to the Judge subject to supervision, the President of the Court where the Judge works, and the relevant agencies and organizations.

Article 26. Authority of the Council in Reviewing Supervision Results

Based on the results of supervision, the Council has the following powers:

1. In cases where the Judge commits a violation of the law but there is no conclusion on handling by the competent authority, the Council requests the President of the Court where the Judge works to conduct an inspection to clarify the violation, the degree of violation of the Judge, handle according to the law, and report to the Council.

For Judges who have committed violations of the law and have been concluded by the competent authority, depending on the nature and degree of violation, the Council proposes the competent authority to consider and decide on disciplinary measures according to regulations.

2. When discovering acts of violating the law causing damage to the rights and interests of the Judge, the Council recommends the competent agency or organization to apply measures to protect the Judge.

3. Propose to the competent authority to honor and reward the Judge in accordance with the provisions of the law.

Chapter IV

ENSURING THE ACTIVITIES OF THE COUNCIL

Article 27. Secretariat of the Council

1. The Secretariat of the Council is a working body of the Council established and regulated by the Chairman of the Council regarding tasks and working regulations.

2. The Secretariat consists of the Director of the Organization and Cadres Department of the Supreme People's Court as the Head and members being some officials and civil servants from the Organization and Cadres Department, the Supreme People's Court Inspection Board, the Central Military Court, and other units of the Supreme People's Court.

Article 28. Operating Expenses of the Council

1. The operating expenses of the Council are guaranteed by the State budget, constituting a budget item for the operational budget of the People's Courts. The Supreme People's Court is responsible for managing and implementing the operating expenses of the Council.

2. The Chairman of the Council directs the implementation and is responsible for the use of the Council's operating expenses in accordance with the law.

Article 29. Regulations and Policies for Members of the Council and the Secretariat

When performing their duties and powers, members of the Council and the Secretariat shall enjoy the regulations and policies stipulated by law.

Article 30. Responsibilities of Relevant Agencies and Organizations

1. Agencies and organizations with members participating in the Council have the responsibility to create favorable conditions for members to fulfill their tasks.

2. Relevant agencies and organizations have the responsibility to coordinate with the Council in implementing this Regulation.