| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 02/2002/PL-UBTVQH11 | Hanoi, October 04, 2002 |
ORDINANCE
ON JUDGES AND JURORS OF THE PEOPLE’S COURTS
(No. 02/2002/PL-UBTVQH11 of October 4, 2002)
(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,
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.
Article 2.-
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.
Article 4.- In adjudication, the judges and the jurors are independent and only abide by law.
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.-
1. Judges and jurors must respect people and submit to the people’s supervision.
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.
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.
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.
