Chương VII Luật tổ chức Toà án nhân dân 2014: Thẩm phán

Chapter VII

JUDGES

Article 65. Duties and powers of judges

1. Judges are persons who fully meet the conditions and criteria prescribed by this Law and appointed by the President to perform the adjudicating duty.

2. Judges shall perform the duties and exercise the powers prescribed in Article 2 of this Law and relevant laws.

Article 66. Judge ranks

1. Judges of people’s courts include:

a/ Judges of the Supreme People’s Court;

b/ High-level judges;

c/ Intermediate-level judges;

d/ Primary-level judges.

2. The Supreme People’s Court has judges mentioned at Point a, Clause 1 of this Article.

3. The Supreme People’s Court and Central Military Court have judges mentioned at Point b, Clause 1 of this Article.

4. People’s courts of provinces and centrally run cities and military courts of military zones and the equivalent have judges mentioned at Points b, c and d, Clause 1 of this Article.

5. People’s courts of rural districts, urban districts, towns, provincial cities and the equivalent and regional military courts have judges mentioned at Points c and d, Clause 1 of this Article.

6. The numbers of high-level judges, intermediate-level and primary-level judges and proportions of judge ranks at each court level shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

Article 67. Judge criteria

1. Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has good ethical qualities, firm political stance, courage and resolve to safeguard justice, and is incorrupt and honest.

2. Possessing a bachelor or higher degree in law.

3. Having been professionally trained in adjudication.

4. Having been engaged in practical legal work for a certain period of time.

5. Being physically fit to fulfill assigned duties.

Article 68. Conditions for appointment of primary-level judges, intermediate-level judges and high-level judges

1. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a primary-level judge; if being an in-service army officer, he/she may be selected and appointed as a primary-level judge of a military court:

a/ Having been engaged in legal work for at least 5 years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

c/ Having passed a primary-level judge selection examination.

2. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

a/ Having worked as a primary-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

c/ Having passed an examination for judge promotion to intermediate level.

3. In case due to the personnel demand of a people’s court, a person who has not yet attained the primary-level judge rank but fully meets the following criteria and conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

a/ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;

b/ Having been engaged in legal work for at least 13 years;

c/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

d/ Having passed an intermediate-level judge selection examination.

4. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

a/ Having worked as an intermediate-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

c/ Having passed an examination for judge promotion to high-level rank.

5. In case due to the personnel demand of a people’s court, a person who has not yet attained the intermediate-level judge rank but fully meets the following criteria and conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

a/ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;

b/ Having been engaged in legal work for at least 18 years;

c/ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

d/ Having passed a high-level judge selection examination.

6. In special cases, persons who are transferred by competent agencies or organizations to hold leading positions in superior people’s courts or people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent and folly meet the criteria prescribed in Article 67 of this Law and the conditions prescribed at Point b, Clause 1; Point b, Clause 2; Point c, Clause 3; and Point b, Clause 4 of this Article though having not yet been engaged in legal work for the prescribed period of time may be selected and appointed as primary-level, intermediate-level or high-level judges. If these persons are in-service army officers, they may be selected and appointed as primary-level, intermediate- level or high-level judges of military courts.

Article 69. Conditions for appointment as judges of the Supreme People’s Court

1. A person who folly meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a judge of the Supreme People’s Court:

a/ Having worked as a high-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law.

2. Persons who do not work in courts but hold important positions in central agencies or organizations, are deeply knowledgeable about politics, law, economics, culture, society, security, national defense and diplomacy or leading legal experts or scientists, hold important positions in agencies or organizations, have high reputation in society, and are capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law may be selected and appointed as judges of the Supreme People’s Court.

Article 70. The National Council for Judge Selection and Supervision

1. The National Council for Judge Selection and Supervision shall be composed of the Chief Justice of the Supreme People’s Court, one Deputy Chief Justice of the Supreme People’s Court, the Chief Justice of the Central Military Court, judges of superior people’s courts, representatives of the leaderships of the Central Committee of the Vietnam Fatherland Front, the President Office, the Ministry of Justice, the Ministry of National Defense and the Central Committee of the Vietnam Lawyers’ Association, one representative from each agency or organization.

2. The Chief Justice of the Supreme People’s Court shall act the Chairperson of the National Council for Judge Selection and Supervision.

3. The list of members of the National Council for Judge Selection and Supervision shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

4. The operation regulation of the National Council for Judge Selection and Supervision shall be set out by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

Article 71. Duties and powers of the National Council for judge Selection and Supervision

1. To consider and select persons who fully meet the criteria and conditions prescribed by this Law to act as judges before proposing the Chief Justice of the Supreme People’s Court to:

a/ Submit to the National Assembly for approval proposals for appointment of judges of the Supreme People’s Court;

b/ Submit to the President for decision the appointment of judges of other courts.

2. To consider the relief from duty or dismissal of judges under this Law before proposing the Chief Justice of the Supreme People’s Court to:

a/ Submit to the National Assembly for approval proposals for relief from duty or dismissal of judges of the Supreme People’s Court;

b/ Submit to the President for decision the relief from duty or dismissal of judges of other courts.

3. To supervise the performance of duties, exercise of powers and observance of the professional ethics and code of conduct by judges and their lifestyle.

Article 72. Procedures for approval and appointment of judges of the Supreme People’s Court

1. The Chief Justice of the Supreme People’s Court shall submit to the National Assembly for approval his/her proposals for appointment of judges of the Supreme People’s Court.

2. Dossiers to be submitted to the National Assembly for approval of proposals for appointment of judges of the Supreme People’s Court shall be sent to the National Assembly Standing Committee for examination before being presented at the nearest session of the National Assembly.

3. The Judiciary Committee of the National Assembly shall examine submitted dossiers for the National Assembly’s approval of proposals for appointment of judges of the Supreme People’s Court.

4. The National Assembly shall consider and issue resolutions to approve proposals for appointment of judges of the Supreme People’s Court.

5. Pursuant to resolutions of the National Assembly, the President shall issue decisions to appoint judges of the Supreme People’s Court.

Article 73. The Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges

1. The Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges shall be composed of the Chief Justice of the Supreme People’s Court as its chairperson, and one Deputy Chief Justice of the Supreme People’s Court and representatives of the leaderships of the Ministry of National Defense and Ministry of Home Affairs as its members.

The list of members of the Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges shall be decided by the Chief Justice of the Supreme People’s Court.

2. The Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges has the following duties and powers:

a/ To organize examinations for selection of primary-level judges;

b/ To organize examinations for judge rank promotion from primary level to intermediate level or from intermediate level to high level;

c/ To organize examinations for selection of intermediate-level judges or high-level judges in the cases prescribed in Clauses 3 and 5, Article 68 of this Law;

d/ To announce lists of persons who pass examinations.

3. The operation regulation of the Examination Council for Selection of Primary-Level Judges, Intermediate-Level Judges and High-Level Judges and the regulation on examinations for selection of primary-level judges, intermediate-level judges and high-level judges shall be set out by the Chief Justice of the Supreme People’s Court.

Article 74. Term of office of judges

The initial term of office of judges is 5 years. For judges who are reappointed or appointed to another judge rank, the subsequent term of office is 10 years.

Article 75. Entitlements and policies toward judges

1. The State shall adopt preferential policies on salaries and allowances for judges.

2. Judges shall be provided with formal attires and judge identity cards to perform their duties.

3. The honor and prestige of judges shall be respected; and judges shall be protected while performing official duties and in case of necessity.

4. Judges shall be trained and retrained to improve their professional qualifications and court skills.

5. All acts of obstructing, intimidating, infringing upon lives or health, offending the honor or dignity of judges and their relatives are strictly prohibited.

6. Judges shall be honored, commended and rewarded in accordance with the law on emulation and commendation.

7. Salaries, allowances, model attires, allocation and use of attires and judge identity cards shall be stipulated by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

Article 76. Responsibilities of judges

1. To be loyal to the Fatherland and exemplary in abiding by the Constitution and law.

2. To respect, dedicatedly serve, keep close ties with, listen to opinions of, and submit to supervision by, the people.

3. To be independent, impartial and objective, and safeguard justice in adjudication; to observe the code of conduct and professional ethics of judges, and preserve the reputation of courts.

4. To protect state secrets and work secrets in accordance with law.

5. To learn and study to elevate their knowledge, political level and professional qualifications and skills.

6. To be held responsible before law for the performance of their duties, exercise of their powers and for their decisions. If committing illegal acts, to be disciplined or examined for penal liability in accordance with law depending on the nature and seriousness of their violations. If judges cause damage while performing their duties or exercising their powers, their courts shall pay compensations for damage and they shall pay indemnities to their courts in accordance with law.

Article 77. Prohibited acts of judges

1. Acts which cadres and civil servants are prohibited by law from taking.

2. Providing consultancy to the accused, defendants, involved parties or other procedure participants, making the settlement of cases or other matters unlawful.

3. Illegally interfering in the settlement of cases or taking advantage of their influence to influence persons responsible for settling cases.

4. Bringing case files or documents in case files out of the premises of their agencies, unless for performing their assigned duties or approved by competent persons.

5. Receiving outside prescribed places defendants, involved parties or other procedure participants in cases which they are competent to settle.

Article 78. Transfer of judges

1. The transfer of judges shall be conducted to ensure that courts can fulfill their adjudicating duties.

2. The Chief Justice of the Supreme People’s Court shall decide to transfer judges from one people’s court to another that neither has the same territorial jurisdiction nor is based within the same province or centrally run city.

3. Chief justices of people’s courts of provinces or centrally run cities shall decide to transfer judges from one people’s court to another within the same territorial jurisdiction.

4. The Minister of National Defense shall decide to transfer judges from one military court to another after reaching agreement with the Chief Justice of the Supreme People’s Court.

Article 79. Rotation of judges

1. The rotation of judges to hold leading or managerial positions in courts shall be conducted to serve requirements of their duties and personnel plans.

2. The Chief Justice of the Supreme People’s Court shall decide on rotation of judges from one people’s court to another that neither has the same territorial jurisdiction nor is based within the same province or centrally run city.

3. Chief justices of people’s courts of provinces or centrally run cities shall decide on rotation of judges from one people’s court to another within the same territorial jurisdiction.

4. The Minister of National Defense shall decide on rotation of judges from one military court to another after reaching agreement with the Chief Justice of the Supreme People’s Court.

Article 80. Secondment of judges

1. The secondment of judges shall be conducted to ensure that courts can perform their adjudicating functions and duties.

2. The Chief Justice of the Supreme People’s Court shall decide to second judges from one people’s court to another that neither has the same territorial jurisdiction nor is based within the same province or centrally run city to perform duties for a definite term.

3. Chief justices of people’s courts of provinces or centrally run cities shall decide to second judges from one people’s court to another within the same territorial jurisdiction.

4. The Minister of National Defense shall decide to second judges from one military court to another to perform duties for a definite term.

5. The secondment term of judges prescribed in Clauses 2, 3 and 4 must not exceed 3 years.

Article 81. Relief from duty of judges

1. Judges shall be automatically relieved from duty when they retire, resign or shift to other professions.

2. Judges may be relieved from duty due to their poor health, family circumstances or other reasons which are likely to render them unable to fulfill their assigned duties.

Article 82. Dismissal of judges

1. Judges shall be automatically dismissed when they are convicted by a court under legally effective sentences.

2. Depending on the nature and seriousness of their violations, judges may be dismissed when:

a/ Committing a violation in the adjudicating work or when settling matters under the jurisdiction of their court;

b/ Violating the provisions of Article 77 of this Law;

c/ Possessing no ethical qualities;

d/ Violating the professional code of conduct and ethics of judges;

dd/ Committing another illegal act.

Article 83. Procedures for relief from duty or dismissal of judges

1. The National Council for Judge Selection and Supervision shall consider cases of relief from duty or dismissal of judges at the proposal of the Chief Justice of the Supreme People’s Court.

2. The approval, relief from duty and dismissal of judges of the Supreme People’s Court must comply with Article 72 of this Law.

3. At the proposal of the National Council for Judge Selection and Supervision, the Chief Justice of the Supreme People’s Court shall propose the President to decide on relief from duty or dismissal of judges of other courts.