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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
02/2002/PL-UBTVQH11
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Hanoi,
October 04, 2002
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ORDINANCE
ON JUDGES AND JURORS OF THE PEOPLE’S COURTS
(No. 02/2002/PL-UBTVQH11 of October 4, 2002)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly,
at its 10th session;
Pursuant to the Law on Organization of the People’s Courts;
This Ordinance prescribes Judges and Jurors of the People’s Courts,
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.
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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.
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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.-
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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.
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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.-
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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.
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.
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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.
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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.
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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.
Chapter V
IMPLEMENTATION PROVISIONS
Article 42.- This
Ordinance replaces the May 14, 1993 Ordinance on Judges and Jurors of the People’s Courts.
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Article 43.- The
Government, the Supreme People’s
Court, the Vietnam Fatherland Front Central Committee shall, within the ambit
of their respective functions and tasks, have to guide, coordinate in guiding,
the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL
ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An