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