Pháp lệnh Thẩm phán và Hội thẩm Toà án nhân dân năm 2002

ORDINANCE

ON JUDGES AND JURORS OF THE PEOPLE’S COURTS
(No. 02/2002/PL-UBTVQH11 of October 4, 2002)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly, at its 10th session;
Pursuant to the Law on Organization of the People’s Courts;
This Ordinance prescribes Judges and Jurors of the People’s Courts,

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Judges are persons appointed under the provisions of law to perform the tasks of adjudicating cases and settling other matters falling under the courts jurisdiction.

2. Jurors are persons elected or appointed under the provisions of law to perform the task of adjudicating cases falling under the courts jurisdiction.

Article 2.-

1. The judges of the people’s courts in the Socialist Republic of Vietnam shall include:

a) The judges of the Supreme People’s Court;

b) The judges of the provincial-level people’s courts, including the judges of the people’s courts of the provinces and centrally-run cities;

c) The judges of the district-level people’s courts, including the judges of the people’s courts of the rural districts, urban districts, provincial capitals or cities;

d) The judges of the military courts of different levels, including the judges of the Central Military Court who are concurrently the judges of the Supreme People’s Court; the judges of the military zone- level military courts, including the judges of the people’s courts of the military zones or equivalent level; the judges of regional military courts.

2. Jurors of the people’s courts in the Socialist Republic of Vietnam shall include:

a) The people’s jurors of the people’s courts of the provinces or centrally-run cities, the people’s jurors of the people’s courts of the rural districts, urban districts, provincial capitals or cities (referred collectively to as the people’s jurors);

b) The army men’s jurors of the military courts of the military zones or equivalent level; the army men’s jurors of the regional military courts (referred collectively to as the army men’s jurors).

Article 3.- The trials by local people’s courts shall be participated by people’s jurors; the trials by military courts of the military zones or the regional military courts shall be participated by army men’s jurors according to the provisions of the procedure legislation. In adjudication, the jurors are equal in rights to the judges.

Article 4.- In adjudication, the judges and the jurors are independent and only abide by law.

Article 5.-

1. Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good moral qualities, are incorrupt and honest, have the spirit to resolutely protect the socialist legal system, have law-bachelor degree and been trained in adjudicating operations, have been engaged in practical work for a given period of time, have the capability to undertake the adjudicating work under the provisions of this Ordinance, and have good health to ensure the fulfillment of their assigned tasks, can be elected or appointed to be judges.

2. Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good moral qualities, are incorrupt and honest, have legal knowledge, have the spirit to resolutely protect the socialist legal system, resolutely protect the interests of the State, the legitimate rights and interests of citizens, have good health to ensure the fulfillment of their assigned tasks, can be elected or appointed to be jurors.

Article 6.- Judges and jurors shall be responsible before law for the performance of their tasks and the exercise of their rights; if committing acts of law violation, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability under the provisions of law.

Article 7.- Judges and jurors must keep the State secrets and work secrets as provided for by law.

Article 8.- If judges and/or 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 compensation therefor and the judges and/or jurors who have caused the damage shall have to refund the courts as provided for by law.

Article 9.- Judges and jurors may be professionally fostered in adjudicating operations.

The chief judges of the courts at all levels shall, within the scope of their tasks and powers, have the responsibility to organize professional training and fostering for judges and jurors.

Article 10.-

1. Judges and jurors must respect people and submit to the people’s supervision.

Upon detecting illegal acts committed by judges and/or jurors, State bodies, Vietnam Fatherland Front Committees, the Front’s member organizations, other social organizations, economic organizations and/or people’s armed force units shall have the right to make requests, petitions or complaints, and individuals shall have the right to make complaints or denunciations with competent bodies for liability examination against such judges and/or jurors.

2. When performing their tasks and exercising their powers, judges and jurors shall have the right to contact State bodies, Vietnam Fatherland Front Committees, the Front’s member organizations, other social organizations, economic organizations, people’s armed force units and/or citizens. Within their respective functions and tasks, agencies, organizations and citizens shall have the responsibility to create conditions for judges and/or jurors to perform their tasks.

All acts of obstructing judges and/or jurors from performing their tasks are strictly forbidden.

Chapter II

TASKS AND POWERS OF JUDGES, REGIMES FOR JUDGES, TRANSFER AND DETACHMENT OF JUDGES

Article 11.- Judges perform the tasks of adjudicating cases and settling other matters falling under the courts jurisdiction according to the assignment by the chief judges of the courts where they work or the courts where they are detached to for the performance of tasks within definite time limits.

The specific tasks and powers of judges are prescribed by law.

Article 12.- Judges are entitled to request agencies, organizations and/or individuals to execute decisions related to the settlement of cases or other matters under the provisions of law.

Article 13.- Judges must be exemplary in the observance of the Constitution and laws, lead a healthy life and respect public activity rules, participate in law propagation and popularization.

Article 14.- Judges have the responsibility to learn and study in order to raise their professional skills related to the courts operation.

Article 15.- Judges must not do the following things:

1. Things the officials and public employees must not do as prescribed by law;

2. Providing consultancy to defendants, the accused, involved parties or other persons involved in legal proceedings, thus making the settlement of cases or other matters contrary to law provisions;

3. Illegally intervening in the settlement of cases or abusing their influence to act on persons with responsibility to settle cases;

4. Bringing case dossiers or documents in case dossiers out of their offices not for the purpose of performing their assigned tasks or without the consents of competent persons;

5. Receiving defendants, the accused or persons involved in legal proceedings outside the prescribed places.

Article 16.- Judges must refuse to adjudicate or be replaced in cases prescribed by procedure legislation.

Article 17.-

1. Judges are paid according to their separate wage- scale, enjoy responsibility allowance and other allowances prescribed by law.

2. Judges, while performing their tasks, shall be exempt from bridge, ferry and road tolls as provided for by law.

Article 18.- Judges are supplied with uniforms and judge’s identity cards to perform their tasks.

The uniform model, the regime on uniform supply and use, the judge’s identity cards shall be submitted to the National Assembly Standing Committee by the chief judge of the Supreme People’s Court for decision.

Article 19.-

1. In order to ensure that local people’s courts perform their functions and tasks, the chief judge of the Supreme People’s Court shall decide:

a) To transfer judges from a local people’s court to another local people’s court of the same level for task performance for a definite period of time;

b) To detach judges from a local people’s court to another local people’s court of the same level for task performance for a definite period of time.

2. In order to ensure that military courts perform their functions and tasks, the Defense Minister shall decide:

a) To transfer judges from one military court to another military court of the same level for task performance for a definite period of time after consulting with the chief judge of the Supreme People’s Court;

b) To second judges from one military court to another military court of the same level for task performance for a definite period of time.

Chapter III

JUDGE’S CRITERIA, PROCEDURES FOR JUDGE SELECTION, APPOINTMENT, REMOVAL FROM OFFICE, DISMISSAL

Article 20.- Persons, who satisfy the criteria prescribed in Clause 1, Article 5 of this Ordinance, have been engaged in the legal work for four years or more, are capable of adjudicating cases and settling other matters under the jurisdiction of the district-level people’s courts, the regional military courts, may be selected and appointed to be judges of the district-level people’s courts; if they are army officers in active service, they can be selected and appointed to be judges of the regional military courts.

Article 21.-

1. Those who fully satisfy the criteria prescribed in Clause 1, Article 5 of this Ordinance and have worked as judges of the district-level people’s courts or judges of the regional military courts for at least five years, have the capability to adjudicate cases and settle other matters falling under the jurisdiction of the provincial-level people’s courts or the military zone-level military courts may be selected and appointed to be judges of the provincial-level people’s courts; if such persons are army officers in active services, they may be selected and appointed to be judges of the military zone-level military courts.

2. Where there appear demands for cadres of the people’s courts, persons who fully meet the criteria prescribed in Clause 1, Article 5 of this Ordinance and have been involved in legal work for ten years or more, have the capability to adjudicate cases and settle other matters falling under the jurisdiction of the provincial-level people’s courts, the military zone-level military courts may be selected and appointed to be judges of the provincial-level people’s courts; if such persons are army officers in active service, they may be selected and appointed to be judges of the military zone- level military courts.

Article 22.-

1. Persons who fully satisfy the criteria prescribed in Clause 1, Article 5 of this Ordinance and have worked as judges of the provincial-level people’s courts, judges of the military zone-level military courts for at least five years, have the capability to adjudicate cases and settle other matters under the jurisdiction of the Supreme People’s Court or the Central Military Court may be selected and appointed to be judges of the Supreme People’s Court; if such persons are army officers in active service, they may be selected and appointed to be judges of the Central Military Court.

2. Where there appear demands for officials of the people’s court sector, the persons who fully satisfy the criteria prescribed in Clause 1, Article 5 of this Ordinance and have been involved in legal work for ten years or more, have the capability to adjudicate cases and settle other matters falling under the jurisdiction of the Supreme People’s Court or the Central Military Court may be selected and appointed to be judges of the Supreme People’s Court; if such persons are army officers in active service, they may be selected and appointed to be judges of the Central Military Court.

Article 23.- In case of necessity, persons working in the people’s court sector or persons being transferred by competent agencies or organizations to work in the people’s court sector, who have not yet met the requirements on duration of working as judges of lower-level people’s courts or the duration of being involved in legal work, but have satisfied other criteria prescribed in Article 20, Article 21 or Article 22 of this Ordinance, may be selected and appointed to be judges of the district-level people’s courts, or judges of the provincial-level people’s courts, or judges of the Supreme People’s Court; if such persons are army officers in active service, they may be selected and appointed to be judges of the regional military courts, or judges of military zone-level military courts or judges of the Central Military Court.

Article 24.- The judge’s term of office shall be five years as from the date of their appointment.

Article 25.-

1. Councils for Selection of People’s Court Judges include:

a) The Council for Selection of Judges of the Supreme People’s Court, Judges of the Central Military Court;

b) The Council for Selection of Judges of the Provincial-Level People’s Courts, Judges of the District-Level People’s Courts;

c) The Council for Selection of Judges of the Military Zone-Level Military Courts, Judges of the Regional Military Courts.

2. The Judges-Selecting Councils shall work collectively. The decisions of the Judges-Selecting Councils must be voted for by more than half of the total number of their members.

Article 26.-

1. The Council for Selection of Judges of the Supreme People’s Court, Judges of the Central Military Court is composed of the chief judge of the Supreme People’s Court as its chairman, the leadership representatives of the Ministry of Defense, the Ministry of the Interior, the Vietnam Fatherland Front Central Committee and the Lawyers Association’s Central Committee as its members.

The list of members of the Council for Selection of Judges of the Supreme People’s Court and Judges of the Central Military Court shall be decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court.

2. The Council for Selection of Judges of the Supreme People’s Court and Judges of the Central Military Court shall have the following tasks and powers:

a) To select fully qualified persons to be judges of the Supreme People’s Court, Judges of the Central Military Court and submit them to the State President for appointment;

b) To consider cases where judges of the Supreme People’s Court or judges of the Central Military Court may be removed from office as provided for in Clause 2, Article 29 of this Ordinance at the proposal of the chief judge of the Supreme People’s Court and submit them to the State President for decision on such removal;

c) To consider cases where judges of the Supreme People’s Court, judges of the Central Military Court can be dismissed as provided for in Clause 2, Article 30 of this Ordinance at the proposal of the chief judge of the Supreme People’s Court and submit them to the State President for decision on such dismissal.

Article 27.-

1. The Council for Selection of Judges of the Provincial-Level People’s Court and Judges of the District-Level People’s Courts is composed of the chairman or a vice-chairman of the provincial-level People’s Council as its chairman, the chief judge of the provincial-level people’s court and the leadership representatives of the Administration’s Organization and Personnel Board, the Vietnam Fatherland Front Committee and the provincial-level Lawyers Association’s Executive Board as its members.

The list of members of the Council for Selection of Judges of the Provincial- Level People’s Court and Judges of the District-Level People’s Court shall be decided by the chief judge of the Supreme People’s Court at the proposal of the chairman of the provincial-level People’s Council.

2. The Council for Selection of Judges of the Provincial-Level People’s Courts and Judges of the District-Level People’s Courts shall have the following tasks and powers:

a) To select fully qualified persons to be judges of the provincial-level people’s courts, judges of the district-level people’s courts at the proposal of the chief judges of the provincial-level people’s courts and propose them to the chief judge of the Supreme People’s Court for appointment;

b) To consider cases where judges of the provincial-level people’s courts or judges of the district-level people’s courts can be removed from office as provided for in Clause 2, Article 29 of this Ordinance at the proposal of the chief judges of the provincial-level people’s courts and propose the chief judge of the Supreme People’s Court to remove them from office;

c) To consider cases where judges of the provincial-level people’s courts or judges of the district-level people’s courts can be dismissed as provided for in Clause 2, Article 30 of this Ordinance at the proposal of the chief judge of the provincial-level people’s courts and propose the chief judge of the Supreme People’s Court to dismiss them.

Article 28.-

1. The Council for Selection of Judges of the Military Zone-Level Military Courts, Judges of the Regional Military Courts is composed of the chief judge of the Central Military Court as its chairman and the leadership representatives of the Ministry of Defense, the Ministry of the Interior, Vietnam Fatherland Front Central Committee and Vietnam Lawyers Association’s Central Committee as its members.

The list of members of the Council for Selection of Judges of the Military Zone- Level Military Courts, Judges of the Regional Military Court shall be decided by the chief judge of the Supreme People’s Court at the proposal of the chief judge of the Central Military Court.

2. The Council for Selection of Judges of the Military Zone-Level Military Court and Judges of the Regional Military Courts shall have the following tasks and powers:

a) To elect fully qualified persons to be judges of the military zone-level military courts or judges of the regional military courts at the proposal of the chief judge of the Central Military Court and propose the chief judge of the Supreme People’s Court to appoint them;

b) To consider cases where judges of the military zone- level military courts or judges of the regional military courts can be relieved from office as provided for in Clause 2, Article 29 of this Ordinance at the proposal of the chief judge of the Central Military Court and propose the chief judge of the Supreme People’s Court to relieve them from office;

c) To consider cases where judges of the military zone-level military courts or judges of the regional military courts can be dismissed as provided for in Clause 2, Article 30 of this Ordinance at the proposal of the Central Military Court and propose the chief judge of the Supreme People’s Court to dismiss them.

Article 29.-

1. Judges shall be automatically relieved from the judge’s position upon their retirement.

2. Judges may be relieved from the judge’s position for health reasons, for family difficulties or for other reasons, who are deemed unable to fulfill their assigned tasks.

Article 30.-

1. Judges shall automatically lose their judge’s title when they are charged by courts with legally effective judgments.

2. Depending on the nature and seriousness of their violations, judges may be dismissed in one of the following cases:

a) Committing violations in adjudication or settlement of matters falling under the courts jurisdiction;

b) Violating the provisions in Article 15 of this Ordinance;

c) Being disciplined in form of dismissal from their current managerial positions under the provisions of legislation on public servants;

d) Violating regulations on moral qualities;

e) Committing other law offenses.

Article 31.-

1. Deputy- chief judges of the Supreme People’s Court, chief judge and deputy-chief judges of the Central Military Court shall be appointed, relieved from office and dismissed by the State President at the proposal of the chief judge of the Supreme People’s Court.

2. The chief judges and deputy-chief judges of local people’s courts shall be appointed, relieved from office and dismissed by the chief judge of the Supreme People’s Court after reaching agreement with the Standing Body of the local People’s Councils of the same level.

3. The chief judges and deputy- chief judges of the military zone-level military courts or the regional military courts shall be appointed, relieved from office and dismissed by the chief judge of the Supreme People’s Court after reaching agreement with the Minister of Defense.

4. Before proposing the State President or the chief judge of the Supreme People’s Court to dismiss persons from the positions of chief judge or deputy-chief judge under the provisions in Clauses 1, 2 or 3 of this Article, if such persons fall into the cases where they may be dismissed from the judge’s position, the opinions of the competent Judges-Selecting Councils which have selected such judges are required.

5. The term of office of the deputy-chief judges of the Supreme People’s Court, the chief judges and deputy-chief judges of local people’s courts or military courts shall be five years as from the dates they are appointed.

Chapter IV

TASKS AND POWERS OF JURORS, REGIMES FOR JURORS, JURORS’ CRITERIA, PROCEDURES FOR ELECTION, APPOINTMENT, RELIEF FROM OFFICE, DISMISSAL OF JURORS

Article 32.-

1. Jurors perform tasks under the assignment of the chief judges of the courts where they are elected or appointed to be jurors.

2. The chief judges of local people’s courts, military zone-level military courts or regional military courts shall have the responsibility to manage jurors according to the Regulation on organization and operation of jurors.

The Government, the Supreme People’s Court and Vietnam Fatherland Front Central Committee shall coordinate with one another in promulgating the Regulation on organization and operation of jurors.

Article 33.-

1. Jurors are entitled to have professional fostering, to participate in conferences on review of the courts adjudicating work.

The funding for professional fostering of jurors is estimated in the operational funding of the people’s courts, with the support from the local budget.

2. Jurors who are officials, public employees, army men in active service, defense workers shall have the duration of working as jurors calculated into their duration of working in their offices, units.

Article 34.-

1. Jurors are supplied with uniforms and the juror’s identity cards to perform the adjudicating tasks.

The uniform model, the regime of uniform supply and use, the juror’s identity cards shall be submitted by the chief judge of the Supreme People’s Court to the National Assembly Standing Committee for prescription.

2. When performing the adjudicating tasks, the jurors are entitled to enjoy allowances under the provisions of law.

Article 35.- Jurors must refuse to participate in trials or be replaced in cases prescribed by the procedure legislation.

Article 36.- When assigned by the chief judges of courts to perform the tasks of adjudication, jurors are obliged to participate without refusal, except where there are plausible reasons.

If within a year, jurors are not assigned by the chief judges to perform the adjudicating tasks, they are entitled to request the chief judges to let them know the reasons therefor.

Article 37.- Persons who fully meet the criteria prescribed in Clause 2, Article 5 of this Ordinance can be elected to be people’s jurors of the local people’s courts; if such persons are army men in active service, defense employees or workers who are serving in the army, they can be appointed to be army men’s jurors of the military zone- level military courts or the regional military courts.

Article 38.-

1. The people’s jurors of local people’s courts shall be elected by the People’s Councils of the same level at the recommendations of the Fatherland Front Committees of the same level, and shall be relieved from position or dismissed by the People’s Councils of the same level at the proposals of the chief judges of the same-level people’s courts after reaching agreement with the Vietnam Fatherland Front Committees of the same level.

2. The army men’s jurors of the military zone-level military courts shall be appointed by the director of the General Political Department of the Vietnam People’s Army at the recommendations of the political agencies of military zones, army corps, army services, general departments or equivalent level, and shall be relieved from position or dismissed by the director of the General Political Department of the Vietnam People’s Army at the proposals of the chief judges of the military zone- military courts after reaching agreement with the political agencies of the military zones, army corps, services, general departments or 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 zones, army corps, army services, general departments or the equivalent level at the recommendations of the political offices of the division or equivalent levels and shall be relieved from position, dismissed by the director of the Political Departments of military zone, army corps, army services, general departments or equivalent level at the proposals of the chief judges of the regional military courts after reaching agreement with the political offices of division or equivalent level.

Article 39.-

1. The term of office of the people’s jurors shall correspond to the term of office of the People’s Councils of the same level.

Upon the expiry of the term of office of the People’s Councils, the people’s jurors shall continue to perform their tasks till the time the new People’s Councils elect new people’s jurors.

2. The term of office of the army men’s jurors shall be five years as from the dates they are appointed.

Article 40.-

1. Agencies, organizations or people’s armed force units, which have their people elected or appointed to be jurors, shall have the responsibility to create conditions for the jurors to perform their tasks.

2. While the jurors perform tasks assigned by the chief judges of courts, the agencies, organizations and people’s armed force units having such jurors must not mobilize or assign the jurors to perform other tasks, except for special cases.

Article 41.-

1. Jurors may be relieved from position for health or other reasons.

2. Jurors shall be dismissed when violating regulations on moral qualities or commiting law offenses, thus no longer deserving to be jurors.

Chapter V

IMPLEMENTATION PROVISIONS

Article 42.- This Ordinance replaces the May 14, 1993 Ordinance on Judges and Jurors of the People’s Courts.

The previous regulations contrary to this Ordinance are all hereby annulled.

Article 43.- The Government, the Supreme People’s Court, the Vietnam Fatherland Front Central Committee shall, within the ambit of their respective functions and tasks, have to guide, coordinate in guiding, the implementation of this Ordinance.

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