Pháp lệnh sửa đổi Pháp lệnh Thẩm phán và Hội thẩm Tòa án nhân dân do Ủy ban Thường vụ Quốc hội ban hành

ORDINANCE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON JUDGES AND JURORS OF THE PEOPLE'S COURTS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
Pursuant to Law No. 33/2002/QH10 on Organization of the People's Courts;
Pursuant to the National Assembly's Resolution No. 27/2008/QH12 of November 15, 2008, on the 2009 law- and ordinance-making program and additions to the law- and ordinance-making program of the XII^th National Assembly (2007-2011);
The National Assembly Standing Committee promulgates the Ordinance Amending and Supplementing a Number of Articles of Ordinance No. 02/2002/PL-UBTVQH11 on Judges and jurors of the People's Courts.

Article 1. To amend and supplement a number of articles of the Ordinance on Judges and Jurors of the People's Courts

1. To amend and supplement Article 2 as follows:

"Article 2.

1. Judges of the People's Courts in the Socialist Republic of Vietnam include:

a/ Supreme People's Court judges;

b/ Intermediate-level judges;

c/ Primary-level judges;

d/ Judges of the Military Courts, including judges of the Central Military Court, who are concurrently the Supreme People's Court judges; intermediate-level judges and primary-level judges.

2. The Supreme People's Court and the Central Military Court are staffed with Supreme People's Court judges. The People's Courts of provinces or centrally run cities (collectively referred to as provincial-level People's Courts), the People's Courts of rural districts, urban districts, towns or provincial cities (collectively referred to as district-level People's Courts), military-zone or equivalent-level Military Courts, and regional Military Courts are staffed with intermediate-level judges and primary-level judges.

The numbers of Supreme People's Court judges, intermediate-level judges and primary-level judges will be decided by the National Assembly Standing Committee at the proposal of the President of the Supreme People's Court.

3. Jurors of the People's Courts in the Socialist Republic of Vietnam include:

a/ People's jurors of provincial-level People's Courts and people's jurors of district-level People's Courts (collectively referred to as people's jurors);

b/ Armymen jurors of military-zone or equivalent-level Military Courts and armymen jurors of regional Military Courts (collectively referred to as armymen jurors)."

2. To amend and supplement Article 19 as follows:

"Article 19.

1. To ensure the performance of the functions and tasks by the People's Courts, the President of the Supreme People's Court shall decide:

a/ To transfer intermediate-level or primary-el judges from one People's Court to another people's Court not in the same province or centrally run city;

b/ To second intermediate-level or primary-level judges from one People's Court for a definite term to another People's Court not in the same province or centrally run city.

2. To ensure the performance of the functions and tasks by local People's Courts, Presidents of provincial-level People's Courts shall decide:

a/ To transfer intermediate-level or primary-level judges from one People's Court to at another People's Court in the same province or centrally run city;

b/ To second intermediate-level or primary-level judges from one People's Court for a definite term to another People's Court in the same province or centrally run city.

3. To ensure the performance of the functions and tasks by the Military Courts, the Minister of National Defense shall decide:

a/ To transfer intermediate-level or primary-level judges from one Military Court to another Military Court after reaching agreement with the President of the Supreme People's Court;

b/ To second intermediate-level or primary-level judges from one Military Court for a definite term to another Military Court."

3. To amend and supplement Article 20 as follows:

"Article 20.

Persons who are fully qualified under Clause 1, Article 5 of this Ordinance, have performed legal work for four years or more, and have capability to adjudicate cases and handle other matters which fall under the court's jurisdiction under the procedural law may be recruited and appointed to be primary-level judges of the People's Courts; if they arc army officers on active service, they may be recruited and appointed to be primary-level judges of the Military Courts."

4. To amend and supplement Article 21 as follows:

"Article 21.

1. Persons who are fully qualified under Clause 1. Article 5 of this Ordinance and have worked as primary-level judges for at least five years, have capability to adjudicate cases and handle other matters which fall under the court's jurisdiction under the procedural law, may be recruited and appointed to be intermediate-level judges of the People's Courts; if they are army officers on active service, they may be recruited and appointed to be intermediate-level judges of the Military Courts.

2. If due to personnel demands of the People's Courts, persons who are fully qualified under Clause I, Article 5 of this Ordinance and have performed legal work for ten years or more, and have capability to adjudicate cases and handle other matters which fall under the court's jurisdiction under the procedural law may be recruited and appointed to be intermediate-level judges of the People's Courts; if they are army officers on active service, they may be recruited and appointed to be intermediate-level judges of the Military Courts."

5. To amend and supplement Article 22 as follows:

"Article 22.

1. Persons who are fully qualified under Clause 1, Article 5 of this Ordinance and have worked as intermediate-level judges for at least five years, have capability to adjudicate cases and handle other matters which fall under the jurisdiction of the Supreme People's Court or the Central Military Court, may be recruited and appointed to be Supreme People's Court judges; if they are army officers on active service, they may be recruited and appointed to be Central Military Court judges.

2. If due to personnel demands of the People's Courts, persons who are fully qualified under Clause 1, Article 5 of this Ordinance and have performed legal work for fifteen years or more, and have capability to adjudicate cases and handle other matters which fall under the jurisdiction of the Supreme People's Court or the Central Military Court may be recruited and appointed to be Supreme People's Court judges; if they are army officers on active service, they may be recruited and appointed to be Central Military Court judges."

6. To amend and supplement Article 23 as follows:

"Article 23.

When necessary, persons who work in the People's Court sector or are transferred by competent agencies or organizations to work in the People's Court sector as primary-level or intermediate-level judges or have performed legal work for an insufficient duration, but satisfy other criteria defined in Article 20,21 or 22 of this Ordinance, may be recruited and appointed to be primary-level or intermediate-level judges of the People's Courts or to be Supreme People's Court judges; if they are army officers on active service, they may be recruited and appointed to be primary-level or intermediate-level judges of the Military Courts or to be Central Military Court judges."

7. To amend and supplement Article 25 as follows:

"Article 25.

1. The People's Court Judge-Recruiting Councils include:

a/ The Supreme People's Court Judge- or Central Military Court Judge-Recruiting Council;

b/ The People's Court Intermediate- and Primary-Level Judge-Recruiting Councils;

c/ The Military Court Intermediate- and Primary-Level Judge-Recruiting Council.

2. The Judge-Recruiting Councils shall work under the collective regime. Decisions of Judge-Recruiting Councils must be voted for by more than half of the number of voting members."

8. To amend and supplement Article 27 as follows:

"Article 27.

1. A People's Court Intermediate- and Primary-Level Judge-Recruiting Council is composed of its President being the Chairman or Vice-Chairman of the provincial-level People's Council, and its members being the President of the provincial-level People's Court, and representatives of the leaderships of the provincial-level Home Affairs Department, Vietnam Fatherland Front Committee and the Executive Committee of the provincial-level Bar Association.

The lists of members of the People's Court Intermediate- and Primary-Level Judge-Recruiting Councils shall be decided by the President of the Supreme People's Court at the proposal of the Chairpersons of the provincial-level People's Councils.

2. The People's Court Intermediate- and Primary-Level Judge-Recruiting Councils have the following tasks and powers;

a/ To recruit fully qualified persons to be intermediate- or primary-level judges of the People's Courts at the proposal of the Presidents of provincial-level People's Courts and propose the President of the Supreme People's Court to appoint them;

b/ To consider cases in which intermediate-or primary-level judges of People's Courts can be relieved from duty under Clause 2, Article 29 of this Ordinance at the proposal of the Presidents of provincial-level People's Courts and propose the President of the Supreme People's Court to relieve them.

c/ To consider cases in which intermediate-or primary-level judges of People's Courts can be dismissed under Clause 2, Article 30 of this Ordinance at the proposal of the Presidents of provincial-level People's Courts and propose the President of the Supreme People's Court to dismiss them."

9. To amend and supplement Article 28 as follows:

"Article 28.

1. A Military Court Intermediate- and Primary-Level Judge-Recruiting Council shall be composed of its President being the President of the Central Military Court and its members being representatives of the leaderships of the Ministry of National Defense, the Ministry of Home Affairs, the Vietnam Fatherland Front Central Committee and Vietnam Lawyers' Association Central Committee.

The lists of members of the Military Court Intermediate- and Primary-Level Judge-Recruiting Councils shall be decided by the President of the Supreme People's Court at the proposal of the President of the Central Military Court.

2. The Military Court Intermediate- and Primary-Level Judge-Recruiting Councils have the following tasks and powers:

a/ To recruit fully qualified persons to be intermediate-level or primary-level judges of the Military Courts at the proposal of the President of the Central Military Court and propose the President of the Supreme People's Court to appoint them;

b/ To consider cases in which intermediate-level or primary-level judges Military Courts may be relieved from duty under Clause 2, Article 29 of this Ordinance at the proposal of the President of the Central Military Court and propose the President of the Supreme People's Court to relieve them;

c/ To consider cases in which intermediate-level or primary-level judges of the Military Courts may be dismissed under Clause 2, Article 30 of this Ordinance at the proposal of the President of the Central Military Court and propose the President of the Supreme People's Court to dismiss them."

Article 2.

1. This Ordinance takes effect on July 1, 2011.

2. The Government and the Supreme People's Court shall, within the ambit of their respective tasks and powers, guide the implementation of this Ordinance.-