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