Chương 3 Pháp lệnh 04/2002/PL-UBTVQH11: Thẩm phán và hội thẩm quân nhân

Chapter III

JUDGES AND ARMY MEN’S JURORS

Article 31.-

1. Army officers who are on active service and satisfy the conditions prescribed by the Ordinance on Judges and Jurors of the People’s Courts may be selected and appointed to be judges of regional military courts or judges of military zone- level military courts or judges of the Central Military Court.

2. Army men on active service, defense employees or workers, who satisfy the conditions prescribed by the Ordinance on Judges and Jurors of the People’s Courts may be designated to be army men’s jurors of regional military courts or army men’s jurors of the military-zone or equivalent-level military courts.

Article 32.- The procedures for selection, appointment, removal from office and dismissal of judges; the procedures for designation, removal from office and dismissal of army men’s jurors; the rights and obligations of judges, army men’s jurors; the terms of office of judges and army men’s jurors of the military courts of each level shall comply with the provisions of the Ordinance on Judges and Jurors of the People’s Courts.

Article 33.- Judges and army men’s jurors shall take responsibility before law for the performance of their tasks and the exercise of their powers and must keep their work secrets as provided for by law; 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 34.- If judges and/or army men’s jurors cause damage while performing their tasks or exercising their powers, the courts where they perform the adjudicating tasks shall have to pay the compensations therefor, then the judges and/or army men’ jurors, who have caused the damage, shall have to make the reimbursements to the military courts according to the provisions of law.

Article 35.-

1. The chief judge, the deputy-chief judges of the Central Military Court shall be appointed, removed from office and dismissed by the State President.

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

3. The terms of office of the chief judges and deputy-chief judges of the military courts of all level shall be five years, counting from the dates they are appointed.

Article 36.- The chief judge of the Central Military Court is a deputy- chief judge of the Supreme People’s Court.

The judges of the Central Military Court are judges of the Supreme People’s Court.

Article 37.- The number of judges of the military courts of each level; the numbers of the army men’s jurors of the military-zone or equivalent-level military courts and the regional military courts shall be decided by the National Assembly Standing Committee at the proposal of the chief judge of the Supreme People’s Court after reaching agreement with the Defense Minister.