Circular 02/2016/tt-Tandtc: Issued Regulation A Selection Of Judges, Judge Intermediate, Senior Judge

Original Language Title: Thông tư 02/2016/TT-TANDTC: Ban hành Quy chế thi tuyển chọn Thẩm phán sơ cấp, Thẩm phán trung cấp, Thẩm phán cao cấp

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952791/thng-t-02-2016-tt-tandtc%253a-ban-hnh-quy-ch-thi-tuyn-chn-thm-phn-s-cp%252c-thm-phn-trung-cp%252c-thm-phn-cao-cp.html

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The CIRCULAR issued regulation selection of judges, judge intermediate, senior judge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the people's Court held in 2014;
Pursuant to the law enacting legal documents in 2008;
Proposal of the Director of the Organization Department, the Chief Justice of the Supreme People's Court decision: article 1. Attached to this circular selection competition rules judge, judge, judge of the higher secondary level.
Article 2. This circular has effect from 17 March 2016.
Article 3. Office Manager, Director of the personnel organization, heads of agencies, relevant units responsible for the implementation of this circular.


 



The CHIEF JUSTICE (signed) an account of the peace Regulation selection primary judge, judge, Judge senior secondary (attached to circular No. 02/2016/TT-TANDTC on 03/02/2016 of the Chief Justice of the Supreme People's Court) chapter I GENERAL PROVISIONS article 1. Scope this regulation rules on the selection of judges, judge, senior judge level and grade from elementary up judges judge judges from intermediate, intermediate level up the Court's senior judge the people.
Article 2. Test object 1. Who are eligible for the provisions of article 67 and the condition specified in point a, point b paragraph 1 to article 68 law on organization of people's courts may be involved in the recruitment examinations for primary judge.
2. Who is the primary judge had enough conditions specified in point a, point b item 2 Article 68 law on organization of people's courts may be involved grade up judge.
3. Who is the primary judge yet, but there are enough standard, the conditions specified in point a, point b, point c paragraph 3 Article 68 law on organization of people's courts, you can join the contest to select, appointed judge of the intermediate level in case of demand the work of officers of the people's Court.
4. Who are mid-level judges is eligible as defined in point a, point b paragraph 4 to article 68 law on organization of people's courts may be involved grade up the senior judge.
5. The person is not the judge of central level but had enough standard, the conditions specified in point a, point b, point c paragraph 5 Article 68 law on organization of people's courts, you can join the contest to select, appointed a senior judge in the case because of work needs the people's courts.
Article 3. Principles of contest selection, grade judges 1. Test subjects must meet all the conditions for competition respectively with quota for competition.
2. The selection exam, grade judges be made according to the principle of competition, tight process, transparency, publicity, fairness and democracy in order to choose those who are qualified to recommend standard, appointed judge, judge, judge of the higher secondary level.
3. the recruitment exam, grade judges be held separately for each test object as defined in article 2 of this regulation or the General examination for some objects for competition. The Organization of the contest or contest individually by the selection board exam for judges, judge intermediate, judge decides.
4. the recruitment Exam, grade judges are held at least every 2 years, where necessary, the Chairman of the selection contest judge, judge intermediate, senior judges decided to supplement exam.
5. The time, place, the content of the exam, the examination by the Council forms the recruitment competition judge, judge, judge secondary decisions.
6. Selection Board Exam for judges, judge, senior judge level authorized for the Academy exam held court. The Court established the Academy Board exam and the Board to help to organize the contest according to the authority.
7. The organization of the contest selection, grade judges be made according to the provisions of the law on organization of people's courts, the law on civil servants, documents guiding the implementation of and the provisions of this regulation.
Article 4. Inspection, monitoring the competition 1. Chairman of the Board examination to select judges, judge intermediate, senior judges decided to Ban inspectors to monitor the process of preparing and organizing the selection exams, grade judges.
2. Organizational structure of the Board of inspectors a) Ban inspection including leadership Service Organization representative-Chairman, representative of the leader of the Inspection Committee of the Supreme People's Court as Deputy Chief. The Board members include a number of public servants of the organizational Service-officers, Inspection Committee of the Supreme People's Court and representatives of the Interior Ministry.
b) Not appointed Board members inspected the people's people; those who are in the process of inspection, check; These people are in time be considered disciplined or are enforcement of disciplinary decisions;
3. duties and powers of the Board of inspection: a) check on standards, conditions of the examination Board members; standard, the condition of the members of the Committee to help the Board Exam;
b) check out process supervision, examination, the organization considered the contest, pulleys, dots, inset, FCE exams;
c) check, monitoring the implementation of the rules on competition, on the Organization of the regulations and rules of the competition;
d) report the Chief Justice of the Supreme People's Court on the results of inspection supervising the exam. Recommendations the Council selection contest judge, judge, judge secondary evaluation examination results;
DD) the Ombudsman Board member is entitled to the work of the Council, hosted the competition, into the examination room, which hosts the numbered, pulleys, allows the transplant ... as assigned by the head of Department. When detected violations, Inspection Committee members have the right to remind people, members of the Committee to help the Board exam done correctly the statutes and rules of the competition where necessary, have the right to set the minutes about the violations of the competition, the competition Council members, members of the Committee to help the Board exam to report the Chief Justice of the Supreme People's Court;
e) Inspector Board members when on duty must wear a tag and must follow the proper regulations, the rules of the competition; If the violation of the Statute, the rules of the competition or other behavior that affects the results of the exam, the discoverers or the Chairman of the examination report the Chief Justice of the Supreme People's Court to promptly suspend the inspection mission, monitoring exams and processed according to the provisions of the law;
g) duties of Deputy Chairman and member of the Board by the Chief Inspectors assigned.
Article 5. The acts prohibited in the contest selection of judges 1. Use personal influence to effect, interfere or knowingly reports false or dishonest about the information falsified results examination.
2. Violation of the regulations examination or disclosure of relevant documents was stamped confidential, the seal as prescribed by the law on privacy.
3. Layout to ones like yourself that participant Board members help work out the examinations, exam, examination, or was the approval of the examination results.
Article 6. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. "takers" who are eligible under the rules and conditions of the registration examination, judge judge intermediate, senior judges are trusted by business unit, introduces the registration examination and selection board exam judge elementary , Judge of the intermediate, senior judge for approval.
2. "successful People" who have achieved benchmark test results according to the rules and meet the conditions of the competition, was the successful certification.
3. "like relatives" who have the following relationship with the test, by his wife (her husband's side) of the takers: a) is the wife, husband, father, mother, father, foster mother, child, adopted child;
b) Is the grandfather, grandmother, grandfather, grandmother, brother, sister, children intestines;
c) is the uncle of the bowel, uncle, aunt, boy, my aunt intestines;
d) was the son of, sisters, children intestines;
DD) was that the contest is the grandfather, grandmother, grandfather, grandmother.
4. "the Board examination to select judges, judge intermediate, senior judge" was the Council established by paragraph 1 and whose mission, powers under clause 2, article 73 law on organization of people's courts in 2014.
5. "the Council", the Council of the Academy by the Director of the Court decided to hold the exam according to the authorizations of the Board examination to select judges, judge intermediate, senior judge.
Chapter II PREPARATION EXAM HELD article 7. Exam preparation 1. Every year, the demand base is the work of people's courts, the Service Organization-responsible officials scrutinize payroll number judges of the people's courts and people's courts of provinces and cities under central. Construction of additional judge, plan to propose open training classes for beginner judges selection exam; the recruitment exam, grade judges intermediate, senior judges and the Chief Justice of the Supreme People's Court review and approval.
2. After the Chief Justice of the Supreme People's Court approved the plan as a primary judge selection exam; the recruitment exam, grade judges intermediate, senior judge, Service Organization-conduct officer post announcements about the plan on the electronic portal of the Supreme People's Court, the Justice Report, listed simultaneously at the Headquarters work of the Supreme People's Court to the people who are eligible the standard, known and registered. The body governing the contest created and sent the same list of records people according to the model of Service Organization-officer according to the deadlines because the selection board exam for judges, judge, senior judge level.
3. Court Academy is responsible for building the training program content, fostering competition and preliminary judge selection; the recruitment exam, grade level judge, judge selection board exam reports judge, judge, Judge senior level approval and authorization to perform Court Academy.
Article 8. Registered 1. Registrants must be eligible according to the criteria, the object prescribed in article 2 of this regulation;

2. Contestants eligible for appointment of judges according to the regulations and ensure longer time working at least from January term enough to judge since appointment (the time limit for the first term is 5 years);
3. In addition to ensure the provisions of paragraph 1 and paragraph 2 of this article, the person must meet the conditions specified by the Board Exam for each particular exam.
Article 9. Evaluation records include 1. The contest registration form (form);
2. Curriculum vitae (under model 2 c-BNV/2008);
3. the health certificates under the provisions;
4. Copy of diploma in law (Bachelor of laws);
5. Copy of certificate of graduation professional training on trial (for the examination to choose judges); Appointed judge (for grade judge);
6. Writing reviews, evaluation and recommendation of the Agency, the competent management unit registered person;
7. Other documents according to the notice of the competition Council.
Article 10. Appraisal of records registered and authorized the Organization of contest 1. Within 20 days after the expiration of the filing, Service Organization-officer must complete the work of the evaluation profile evaluation, evaluation reports and the Chief Justice of the Supreme People's Court review.
2. The Chief Justice of the Supreme People's Court held a meeting of the Council in the recruitment competition judge, judge intermediate, senior judge to decide;
a) browse the list of those who are eligible and contest conditions;
b) decide the time, competition venue, the content of the exam, the exam form;
c) approving training programmes of the Institute, fostering the Court as specified in paragraph 3 article 7 of this regulation;
d) decided to authorize the Court to open the Academy training, fostering and organizing the recruitment exam, grade judges;
DD) decided the issue.
Chapter III EXAMINATION and the BAN HELPS the article 11. Board Exam Board exam by the Director of the Academy established by the Court decision the authority of selection board exam for judges, judge, senior judge level.
Board Exam held recruitment exams, grade judges from time to time, the site, the content of the exam, the exam Board that forms the recruitment competition judge, judge, judge secondary decisions.
Self examination Council dissolved after the completion of the exam.
Article 12. The duties and powers of Board Exam 1. Organize training, fostering and training certification, refresher for people;
2. notice of the time, the venue for the contest, contest forms, content tests;
3. Organize the recruitment exam, grade judges according to the authority of the selection board exam for judges, judge, senior judge level;
4. Establishment of the Committee include: Board Exam, Board Exam, Board, considered the examination, the Board of appeal to organize exams;
5. General, Chairman of the Board report the selection contest judge, judge intermediate, senior judges about exam results;
6. Complaints, accusations in the process of organizing the competition.
Article 13. The ban helped the Board Exam The exam Board's Committee by the Chairman of the competition Council decided to set up and operate according to the provisions of this regulation.
The ban helped the self dissolved after the completion of the exam.
Not appointed members of the Board of the Council on the examination of the people; those who are in the process of inspection, check; These people are in time be considered disciplined or are enforcement of disciplinary decisions;
The ban helped the Board Exam, including: 1. Examination Secretariat 1.1. Competition Council Secretariat consists of Chief, Deputy Chief and members.
Head of the Secretariat are responsible for assigning tasks to the members help organize the exam Board exam in accordance with the bylaws and competition rules.
Deputy Head of the Chief Executive to help some activities as assigned by the head of Department.
1.2. The duties and powers of the competition Council Secretariat: a) Helps the Organization Board Exam training, fostering for the contest or send the document for review order takers;
b) arrange examination room according to approved list;
c) prepare the necessary documents, text of the competition Council and the record of the meeting of the Council of the contest;
d) receive and check the sealing of the test from the head of the Board regarded the contest, handing the test for head allows the Board to number the and blocks sawn timber; get the test allows the pulley and sawn timber were handed over to head of the Board of examination to examination organization;
DD) get results from examination to General, report the results to the Board Exam;
e) receive complaints, accusations and reports the Chairman of Board exam review complaints, accusations;
g) receiving the application for appeal, reported the President of the Council contest resolved review appeal; transfer the appeal to the Board Exam, get results re-assessed and announcing results for the proposed appeal;
h) organized the contest fee, financial expenditure management serves the exam and payment of fee for competition according to the rules.
2. The examinations Boards 2.1. Exam boards including Chairperson, Vice Chairperson and members.
2.2. The Examinations Board Member: a) the Examinations Board members must have the master degree of law or over or who have more experience for the exam;
b) Who are appointed members of the Board of the examinations is not involved the Board considered the contest.
2.3. duties and powers of the Board examinations: a) Help build the examinations exam Board, the Bank of questions, answers and points of detail;
b) exam Board members are responsible for keeping secret the examinations, the Bank of questions and answers according to the regulations.
3. the Board considered the competition 3.1. The Board considered the contest consists of Chief, Deputy Chief, Superintendent.
The Board considered the contest participants were not taking the Board examination and examination;
3.2. Tasks and powers of the Secretary of the Board the Board considered the contest: a) Helps the Council contest organisation considered by the right regulation and rules of the competition;
b) room layout contest, assigned tasks to Vice and each Member of the Board regarded the contest;
c) receive and preserve the examinations as prescribed;
d) to temporarily suspend the examination of and considered the report of the Chairman of the examination decision, suspend the contest for people if found to have violated the base rules, regulation of the competition;
DD) Organization to collect your test takers and test sealing to delivered to the Secretariat of the Council.
3.3. duties and powers of the Vice-regarded contest: Vice Chief of Executive Committee to help test Considered certain activities considered competition as assigned by the head of Department.
3.4. Supervisory Board Chief assignment Considered competition assigned tasks for the members do the examination room supervisor and Superintendent corridor. Each examination room is assigned from 2 to 3, in which a supervisor was assigned main responsibility in organizing in the examination room (called warden). Supervisor 1 assigned specific duties for supervisors in the examination room.
3.5. duties and powers of the Superintendent the examination room: a) check the examination room, hit the number of takers on the seat in the examination room;
b) call takers to exam rooms, guide people to sit in the correct position, only allowing people to bring into the examination room supplies according to regulations;
c) sign the exam paper and scrap paper as specified, examination paper, scrap paper for takers, common rules and regulations about test;
d) received the exam, check the sealing tests have in the presence of at least 2 people, open examinations, exam copy onto the table or play the examinations for the competition according to the rules;
DD) spotted, remind people violated the regulation, cases of people in serious violation of regulation then set the minutes and report immediately to head the Board considered the contest.
e) Currency, check out and handed the same exam exam mirror leftovers to head the Board Considered the test as prescribed;
3.6. duties and powers of the Superintendent of the corridor: a) perform the duties of Superintendent outside the examination room, is responsible for the discovery, remind, criticism, the same supervisor exam takers record-setting violation of regulation in the area of the corridor;
b) serious violations such as disorderly, safety in the area of the corridor must be reported immediately to the head of Department considers competition review, resolve;
c) Superintendent of the corridor not be into the examination room.
4. Sawn timber Committee 4.1. Allows the Board consists of Chairman and members.
Who was appointed Board member allows the joining examination.
4.2. duties and powers of the Board: a) head allows the Board is responsible for assigning specific tasks to its members allows the Board to make the number the sawn timber sawn timber blocks and the tests according to the regulations of the competition. Allows the sealing and exams have been handed, pulley Secretariat Board Exam;
b) allows the Board members have a responsibility to ensure the secrecy of sawn timber.
5. Examination 5.1. Examination include the head, Deputy head and members.
Membership examination must be master in Law degree or over or who have more experience for the exam;
Membership examination does not include those who have joined the Board Considered and the Board.
5.2. duties and powers of the Secretary of the Board examination: a) Help Board Exam made the prescribed examination;
b) assigned to the members of the examination;
c) to receive and dispense exams for members, examination results examination for the competition Council Secretariat;
d) Set the minutes and report the Chairman of the Board exam review and resolve when the detection exams of people violated the rules and regulations of the competition;
DD) General examination results, delivered to the Secretariat of the Council, a secret examination results;
e) decided to review the test dotted or decide to leave the score of the test cases in the test dotted dots members deflection on 10% compared with the maximum score of the test.
5.3. duties and powers of Deputy Head of the examination Committee: Deputy Head of examination help Chief Executive some examination activities as assigned by the head of Department.
5.4. duties and powers of the membership examination: a) grading the exams in the correct answers and scale;
b) reporting violations in the tests with Major examination and suggestions form processing.
6. The Board of appeal 6.1. The Board of Appeal consists of head and members.

The Board of appeal was the Chairman of the competition Council decided when there's takers suggest remarking for the test.
Appeal Board members must have the master degree of law or over or who have more experience for the exam.
Appeal Board members do not include those who have participated in examination.
6.2. Tasks and powers of the Board of appeal: a) When received appeal from the Secretariat, the members of the Board of appeal help Board Exam re-assessed according to regulations;
b) Exchange and comments of the members of the Board of appeal to have the results re-assessed exactly;
c) synthesize results re-assessed, then handed the post re-assessed for the Secretariat of the Council.
Article 14. Recognition and notice of examination results of 3 days after the completion of the work general exam results, the exam Board Chairman is authorized to report the Chairman selection contest judge, judge intermediate, senior judge on the examination results.
Chairman of the Board examination to select judges, judge intermediate, senior judge considering the recognition of examination results.
Listing Board exam results at the examination venue and posted on the electronic portal of the Supreme People's Court.
Article 15. Define successful people Who graduated in the selection exams, grade judges must have full of following conditions: 1. The contest and have enough tests tests; There are scores of tests from 5/10 score according to scale of each exam.
2. examination results in highest numbers in order from high to low down in the scope targets judges selected grade.
3. The event from 2 persons have equal examination results in final position according to paragraph 2 of this Article which only judges are selected, the grade is not enough for all of the people there, who admitted having written exam score is higher. If the test is written in each other then the extra competition or organization President contest considering the conditions, the criteria to decide the successful people.
Article 16. Complaints, report 1. In the process of organizing the competition if there are complaints, accusations, Chairman of the competition Council must review resolved within 10 working days from the date of receiving the complaint, the accusations.
2. within 15 days from the date of exam notice, people have the right to submit proposed the FCE exam results to the Board Exam. The Secretariat General Board Exam, Board Exam Chair reports to organize re-assessed.
3. within 30 days of receiving the appeal, the Board of Appeal's single re-assessed and report the Chairman of the Board exam results re-assessed. Results re-assessed are combined into examination results and notify the person who requested appeal.
4. Only consider settling petition appeal be sent directly or sent by post to the Board Exam (via Examinations Council Secretariat). Don't make re-assessed for the exam form, thematic protection issues.
Article 17. Archive of documents 1. The documentation for the exam include: text about the Organization of the exam Board Exam, Board Exam Chair; list of competition; the type of text, the minutes used for the examination, examination; competition rules, the original examination, answers, scores of the exam; documentation (if any); the decision recognized the competition results; Appeal thereon; concluded complaints, accusations and other document types of exams ...
2. within 30 days of the end of the exam, the examination Board is responsible for handing the documents specified paragraph 1 this about Service personnel organization to host according to the current mode.
Chapter IV IMPLEMENTATION Article 18. Responsible for implementation 1. Chairman of the Board examination to select judges, judge intermediate, senior judge is responsible for directing the work of examination.
2. the Director of the Organization-officer, Director of the Academy, Chief Court Inspector Committee of the Supreme People's Court and the relevant units responsible for implementation of this regulation./.