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.
Tìm kiếm
Pháp lệnh Thẩm phán và Hội thẩm Toà án nhân dân năm 2002 (Bản Word)