Chương VIII Luật tổ chức Toà án nhân dân 2014: Hội thẩm

Chapter VIII 

ASSESSORS

Article 84. Duties and powers of assessors

1. Assessors of people’s courts include:

a/ People’s assessors;

b/ Army men’s assessors.

2. People’s assessors shall perform the duty of adjudicating cases under the jurisdiction of people’s courts as assigned by judges of courts of localities where they are elected.

3. Army men’s assessors shall perform the duty of adjudicating cases under the jurisdiction of military courts as assigned by judges of courts of localities where they are nominated.

4. Assessors shall perform duties assigned by chief justices of courts. If failing to do so, they shall clearly state the reason for failure.

5. An assessor who has not been assigned by the chief justice of his/her court to perform the adjudicating duty for one working year may request the latter to notify the reason.

Article 85. Assessor 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, reputation in the population community, courage and resolve to safeguard justice, and is incorrupt and honest.

2. Having legal knowledge.

3. Being socially knowledgeable.

4. Being physically fit to fulfill assigned duties.

Article 86. Procedures for election, nomination, relief from duty or dismissal of assessors

1. The people’s court of a province or centrally run city, rural district, urban district, town, provincial city or the equivalent shall notify its demand for assessors in terms of number and structure of social strata to the same-level Vietnam Fatherland Front Committee, requesting the latter to select and recommend persons who fully meet the criteria prescribed in Article 85 of this Law for being elected as people’s assessors by the competent People’s Council prescribed by a law;

After reaching agreement with the same-level Vietnam Fatherland Front Committee, the chief justice of the people’s courts shall propose the People’s Council to relieve from duty or dismiss people’s assessors.

2. Army men’s assessors of a military court of a military zone or the equivalent shall be nominated by the Director of the General Department of Politics of the Vietnam People’s Army after being recommended by the political office of the military zone, army corp, arm, general department or the equivalent.

After reaching agreement with the political office of the military zone, army corp, arm, general department or the equivalent, the chief justice of the military court of the military zone or the equivalent shall propose the Director of the General Department of Politics of the Vietnam People’s Army to relieve from duty or dismiss army men’s assessors of the military cours of the military zone or the equivalent.

3. Army men’s assessors of a regional military court shall be nominated by the political commissar of the military zone, army corp, arm, general department or the equivalent after being recommended by the political office of the division or the equivalent.

After reaching agreement with the political office of the division or the equivalent, the chief justice of the regional military court shall request the political commissar of the military zone, army corp, arm, general department or the equivalent to relieve from duty or dismiss army men’s assessors of the regional military court.

Article 87. Term of office of assessors

1. The term of office of people’s assessors must follow the term of the People’s Council that has elected them.

Upon the expiration of the term of the People’s Council, incumbent people’s assessors shall continue to perform their duties until the People’s Council of the new term elects new people’s assessors.

2. The term of office of army men’s assessors is 5 years from the date of nomination.

Article 88. Entitlements and policies toward assessors

1. Assessors shall be professionally trained and retrained and are entitled to participate in conferences reviewing the adjudicating work of their court.

Funds for professional training and retraining of assessors shall be incorporated in operation funds of courts, with support from local budgets in accordance with law.

2. Periods of working as assessors of cadres, civil servants, public employees, in-service army men or national defense workers shall be counted as their working time at their agencies or units.

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

4. Assessors are entitled to adjudication allowance and shall be provided with official attires and assessor identity cards to perform the adjudicating duty.

The adjudication allowance, model official attires, allocation and use of official attires and assessor 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 89. Responsibilities of assessors

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

2. To participate in adjudication as assigned by the chief justice of their court, unless they have plausible reasons for refusal to do so or otherwise prescribed by the procedural law.

3. To be independent, impartial and objective in adjudication, and contribute to safeguarding justice, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of organizations and individuals.

4. To respect, and submit to supervision by, the people.

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

6. To actively learn to elevate their legal knowledge and adjudication skills.

7. To observe internal rules and regulations of their court.

8. To be held responsible before law for the performance of their duties and exercise of their powers. If committing illegal acts, to be disciplined, dismissed or examined for penal liability in accordance with law depending on the nature and seriousness of their violations.

If assessors cause damage while performing their duties or exercising their powers, their court shall pay compensations for damage and they shall pay indemnities to their court in accordance with law.

Article 90. Conditions for relief from duty or dismissal of assessors

1. Assessors may be relieved from duty due to poor health or for another plausible reason.

2. Assessors shall be dismissed when having no ethical qualities or committing illegal acts and being no longer capable to act as assessors.

Article 91. Juries; responsibilities of agencies, organizations and people’s armed forces units toward assessors

1. Assessors shall be organized into juries.

The Central Committee of the Vietnam Fatherland Front shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and Supreme People’s Court in, submitting to the National Assembly Standing Committee for promulgation regulations on organization and operation of juries.

2. Chief justices of courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent, military courts of military zones and the equivalent and regional military courts shall assign assessors to participate in adjudication, ensuring that they meet trial requirements.

3. Agencies, organizations and people’s armed forces units that have persons who are elected or nominated as assessors shall create conditions for these assessors to perform their duties.

4. When assessors perform their duties as assigned by chief justices of courts, agencies, organizations and people’s armed forces units managing such assessors may neither transfer nor assign them to do other jobs, except in special cases when such transfer or assignment shall be notified to chief justices of courts.