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