Chapter V
JUDGES AND JURORS
Article 37.-
1. Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good qualities and virtue, are incorrupt and honest, determined to protect the socialist legislation, have the law bachelor degree and been trained in adjudicating operations, have engaged in practical work for a period of time prescribed by law, have the adjudicating capability and have good health to ensure the fulfillment of assigned tasks may be selected and appointed to work as judges.
2. Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good qualities and virtue, are incorrupt and honest, have the legal knowledge, have the spirit to resolutely protect the socialist legislation and have good health to ensure the fulfillment of assigned tasks may be elected or appointed to be jurors.
3. The judges and jurors shall take responsibility before law for the performance of their tasks and the exercise of their powers and must keep work secrets according to law provisions; if committing law offenses, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.
4. If judges, jurors, while performing their tasks and exercising their powers, cause damage, the courts where such judges and/or jurors have performed the adjudicating tasks shall have to pay the compensation therefor and the judges and/or jurors who have caused the damage have the responsibility to repay the courts according to the provisions of law.
5. The specific criteria of judges and jurors of the courts of each level, the procedures for selection, appointment, removal from office, dismissal of judges, election or appointment, removal from office and dismissal of jurors, and the rights and obligations of judges and jurors shall be prescribed by the National Assembly Standing Committee.
Article 38.- Judges and jurors must respect people and submit to the people’s supervision.
When performing their tasks and exercising their powers, the judges and jurors may contact State agencies, the Fatherland Front committee and the Front’s member organizations, other social organizations, economic organizations, people’s armed force units and citizens. Within the ambit of their respective functions and tasks, the agencies, organizations and citizens shall have to create conditions for judges and jurors to perform their tasks.
All acts of obstructing judges and/or jurors from performing their tasks are strictly forbidden.
Article 39.- Persons who satisfy all criteria prescribed in Clause 1, Article 37 of this Law for appointment as judges must be selected and recommended by the Judge Selection Council.
The organization and operation of the Judge Selection Council and the relationship between the Judge Selection Council and the chief judge of the Supreme People’s Court shall be prescribed by the National Assembly Standing Committee.
Article 40.-
1. The chief judge of the Supreme People’s Court shall be elected, removed from office or dismissed by the National Assembly at the proposal of the State President.
The term of office of the chief judge of the Supreme People’s Court shall correspond to the term of the National Assembly. Upon the expiry of the National Assembly’s term, the chief judge of the Supreme People’s Court will continue performing his/her tasks till the new National Assembly elect the new chief judge.
2. Deputy-chief judges and judges of the Supreme People’s Court and the chief judge, deputy-chief judges and judges of the central military court shall be appointed, removed from office or dismissed by the State President.
3. Judges of the local People’s Courts, the military courts of military regions or the equivalent and the regional military courts shall be appointed, removed from office and dismissed by the chief judge of the Supreme People’s Court at the proposal of the Judge Selection Council.
4. The chief judges, deputy-chief judges of the local People Courts shall be appointed, removed from office or dismissed by the chief judge of the Supreme People’s Court after reaching agreement with the permanent members of the local People’s Councils; the chief judges and deputy-chief judges of the military courts of the military regions or the equivalent, of the regional military courts shall be appointed, removed from office, or dismissed by the chief judge of the Supreme People’s Court after reaching agreement with the Minister of Defense.
5. The term of office of the deputy-chief judges and judges of the Supreme People’s Court, the chief judges, deputy-chief judges and judges of the local People’s Courts and the military courts shall be five years.
Article 41.-
1. The people’s jurors of the local People’s Courts shall be elected by the People’s Councils of the same level at the recommendation of the Father Front committees of the same levels, and removed from office or dismissed by the People’s Councils of the same levels at the proposal of the chief judges of the People’s Courts of the same levels after reaching agreement with the Fatherland Front committees of the same levels.
2. The army-men’s jurors of the military courts of military regions or the equivalent shall be appointed by the director of the General Political Department of Vietnam People’s Army at the recommendation of the political agencies of the military regions, army corps, army services, general departments or the equivalent levels and removed from office or dismissed by the director of the General Political Department of the Vietnam People’s Army at the proposal of the chief judges of the military courts of military regions or the equivalent after reaching agreement with the political agencies of the military regions, army corps, army services, general departments or the equivalent level.
3. The army-men’s jurors of the regional military courts shall be appointed by the directors of the political departments of military regions, army corps, army services, general departments or the equivalent level at the recommendation of the political agencies of divisions or the equivalent level, and removed from office or dismissed by the directors of the political departments of the military regions, army corps, army services, general departments or the equivalent level at the proposal of the chief judges of the regional military courts after reaching agreement with the political agencies of divisions or the equivalent level.
4. The term of office of the army men’s jurors shall be five years.
5. The term of office of the people’s jurors of the local People’s Courts shall correspond to the term of the People’s Councils of the same levels.
6. The management of the people’s jurors and army man’s jurors shall be stipulated by the National Assembly Standing Committee.
Article 42.-
1. The number of judges of the Supreme People’s Court, the numbers of judges and people’s jurors of the local People’s Courts shall be decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court.
2. The numbers of judges and army men’s jurors of the military courts shall be decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court after reaching agreement with the Minister of Defense.
Article 43.- The State bodies, people’s armed force units, economic organizations and social organizations having persons elected or appointed to be jurors have the responsibility to create conditions for the jurors to perform their adjudicating tasks.
Jurors shall be given professional fostering and provided with uniforms and allowances when performing their adjudicating tasks.
Tìm kiếm
Luật Tổ chức Toà án nhân dân 2002 (Bản Word)