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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

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THE SUPREME COURT OF THE PEOPLE
Number: 02 /2016/TT-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 3, 2016

IT ' S SMART

Issued Q Select the selection. I Primary, T Neutral, I High-level humidity.

_____________________________

The Civil Court of the People's Court in 2014;

The Basic Law Executive Act of 2008;

Your trial. Okay. Case of the chief The Organization of the Officer,

The Supreme Court of the Supreme Court decided:

What? 1 . The executive with this message Rules the selection of the primary judge, senior judge, senior judge.

What? 2. This announcement came into effect on March 17, 2016.

Third. Chief of the Bureau, the Chief of the Organization-Officer, the Chief of the Agency, the relevant unit responsible for this private execution.

CHIEF JUSTICE

(signed)


Zhang Xiaoping

STATUTE

Selection exam I The primary, I Neutral, I High-level humidity.

(The Board is attached to the Digital Information 02 /2016/TT-TAN D TC Date 03 / 02 /2016 of Chief Justice of the People ' s Court Stain. High

Chapter I

COMMON RULES

What? 1. Ph Yes. Micro-tuning

The statute provides for the selection of the primary judge, the High Judge, the High Judge and the quota from the primary judge to the High Court, from the High Judge to the High Court of the People's Court.

What? 2. The Project Object

1. The person with sufficient standards of regulation at Article 67 and the stipulation condition at the point a, point b paragraph 1 Article 68 The Human Court Foundation can be entered into the selection of the primary judge.

2. The person who is being a primary judge is eligible for regulation at point a, point b paragraph 2 Article 68 The Organization of the People's Court can be entered into the quota to the High Court.

3. People who have not been a primary judge, but have qualified, regulatory conditions at the point a, point b, paragraph 3 Article 68 The People ' s Court should be able to participate in the project to draft selection, appointed as a neutral judge in the event of a need. The staff of the People's Court.

4. The person who is being a neutral judge is eligible for regulation at point a, point b paragraph 4 Article 68 The Human Court Foundation is eligible to enter the quota to the Senior Magistrate.

5. The person who has not been a neutral judge but has the standard enough, the stipulation stipulated at the point a, point b, point c 5 Article 68 The People ' s Court Foundation can participate in the project to draft selection, appointment as senior Judge in the event due to demand. The staff of the People's Court.

What? 3. The Rules of selection, the Judge of Judges

1. The draft object must meet the qualifying conditions corresponding to the project quota.

2. The selection of the jury, the examination of the Judges threshold, is implemented in accordance with the principle of competition, to ensure the strict, transparent, public, fair, and democratic process to choose the eligible, standard persons to offer the appointment as a preliminary judge. level, senior judge, senior judge.

3. The selection exam, the Judge ' s title exam is held separately for each of the competing conditions under the regulation at Article 2 of this Regulation or in general for some of the project subjects. The organization of the general exam or the private competition is selected by the Board of the Supreme Court, the High Court of Justice, the Supreme Court of Justice.

4. The selection contest, which holds the Judges tranche held at least every year 2 times, the required case, the Chairman of the Board of the Entrance Examination Board, the High Judge, the High Judge decides to add the exam.

5. Time, venue, events, exam forms, selected by the Board of the Board of Judges, High Judge, High Judge.

6. The Board of the Board selects the primary judge, the senior judge, the senior judge authoritally to the Court of the Court to hold the exam. The Court of the Court established the Competition Council and the departments helped to organise the competition under authorization.

7. The organization of the selection competition, the decision to raise the Judges threshold, is carried out by the provisions of the People's Court Foundation, the Public Officer's Law, the execs of the execs, and the provisions of the Regulation.

What? 4. Inspector, Test supervisor

1. The Chair of the Board of the Jury of the primary judge, High Court Justice, High judge decides to set up the Board of Inspects to oversee the preparation process and hold the selection exam, exam the Judges ' tranche.

2. The organizational structure of the Secretariat

a) Ban the Ombudman of the Supreme Court, representing the Supreme Court of the Supreme Court as Deputy Chief. The commissioners are composed of a number of officials of the Organisation-Officer, the Supreme Court of the People's Court and the Ministry of the Interior.

b) Not to be a member of the Board of Inspects of the Relatives Of The Execs; those who are in the process of inspection, inspection; those who are in the time of consideration for disciplinary action or law enforcement;

3. The mission, the powers of the Inspector Ban:

a) A test of the standard, the conditions of the members of the Council of the Competition; the criteria, the conditions of the members of the board, the board of the assembly;

b) Check, monitor the process of the exam, the organization considers the exam, the amber, the exam, the puzzle, the exam, the exam;

c) The examination, which oversees the implementation of the examinations of the exam organization, on the implementation of the statute and the contents of the exam;

d) The Chief Justice of the Supreme People ' s Court on the results of the examination detective work. Petition for the Assembly to select the primary judge, the High Judge, the High Judge reappraisal of the exam results;

The member of the Board of Inspects is entitled to the office of the Council of the Competition, where the exam holds, into the halls, where the organization of the beat, the pulse, the pulse, the pomp ... in accordance with the rank of the Chief. When the discovery is wrong, the Board member has the right to remind the foreman, members of the board to help the council to perform the correct rules and rules of the exam, the case required to have the right to compile the predicate of the execs, the city. The Council of the Competition, a member of the board to help the Council to report the Chief Justice of the Supreme People.

e) Member of the Board of Inspects on duty to wear a card and must comply with the correct rules, the rules of the exam; if the breach of the statute, the rules of the exam or other behavior that affect the outcome of the exam, the speaker or the President of the Competition Board the Chief Justice of the Supreme People ' s Court to timely the suspension of the inspection, examination of the exam and handling by the rule of law;

g) The specific task of the Deputy Head and the commissioners of the Board of Inspects led by the Chief of the Department of Assignments.

What? 5. The banned acts in the selection of Judge.

1. Use a personal influence to impact, intervene, or intentionally misreport or do not be honest about the information that miserpoints the results of the exam results.

2. Violation of the law enforcement or disclosure of other relevant documents has been closed for security, the seal of the law on security law.

3. The layout for the relatives to participate in the project where he is a member of the Board for the nomination, examination, punctate, or the approx of the results of the exam.

What? 6. Explain the word

In this Regulation, the words below are understood as follows:

1. " The one who did. " is the person with sufficient standards and conditions under the registration of the primary judge, the senior judge, the senior judge who is currently working on the credit, refereed the entrance exam and was selected by the Board of Appeals, the judge. neutral, High Judge approx.

2. " The winner. " is the recipient of the exam results in the prescribed benchmark and meets the conditions of the exam, which is granted the certification certificate.

3. " Loved ones. " is the latter having the following relationship with the foreman, the wife (side of the husband) of the foreman:

a) The wife, the husband, the father, the birth mother, the foster father, the foster mother, the son of the child;

b) Being the grandfather, grandmother, grandfather, grandmother, brother, sister, sister, brother;

c) As a physician, brother, brother, aunt, aunt;

d) a child of his brother, sister, brother;

I'm your grandfather, grandfather, grandfather, grandmother.

4. " Council of the World i Select the primary judge, the senior judge, the senior judge. " is the Council established by paragraph 1 and has the mandate, the powers under paragraph 2, Article 73 The Human Court of the People's Court in 2014.

5. " Council of the World i " , the Board of the Council appointed by the Director of the Court was established to hold the examination by the authorship of the Board of the Acute Jury, the High Judge, the Senior Magistrate.

Chapter II

PREPARE TO BE HELD

What? 7. Test preparation

1. annually, the public needs base of the People's Court, the Organization-The Officer responsible for sweeping the number of Judges of the Judges of the High School of People's Courts and the People's Court of the provinces, the Central City of Central. Construction of the Additional Planning Judge, the proposal to open the training class for the selection of the primary judge; the selection exam, the High Court of Judges, the High Judge, and the Chief Justice of the Supreme People's Court reviewed, approved.

2. After being approved by the Supreme Court of the People ' s Court Plan to select the primary judge; exam exam, exam of the High Court of Judges, Senior Magistrate, The Organization-The Executive Officer posted notification of the plan on the Portal. The electronic court of the Supreme People's Court, the Justice Newspaper, is publicly listed at the office of the Supreme People's Court for those who are eligible, the standard known and registered for the project. The agencies, the organization that managed the body to establish and submit a list of the same profile as a template for the Organization-Officer on a deadline set by the Board of the Supreme Court, the High Judge, the Supreme Court of Justice.

3. The Court Academy is responsible for the construction of the training program, fostering the selection of the primary judge; the selection exam, the senior Magistrate of Judges, the High Judge reported the Board of the Acute Jury, the Central Judge. level, High Judge approved and authorized the Academy of Courts.

What? 8. Subscription

1. The registration regioner must be eligible, the standard according to the correct object stipulated at Article 2 of this Regulation;

2. The foreman eligible for the appointment of the Judge by statute and ensuring the duration of the work at least 1 term of Judge since the date of appointment (the term for the first term is 05 years);

3. In addition to ensuring regulation at paragraph 1 and paragraph 2 This, the applicant must meet the other conditions prescribed by the Council for each specific examination.

What? 9. The project registration records include

1. The program registration application (in template);

2. Preliminary weakness (according to model 2C -BNV/2008);

3. Health certification by regulation;

4. A copy of the degree of law (from the sending of the law onwards);

5. A copy of the Certificate of Occupational Education (for the Jury Selection Exam); the decision to appoint the Judge (for the Judge of Judges);

6. Text of comment, assessment and recommendation of the agency, the unit with the authority to manage the registration of the project;

7. Other documents according to the Council ' s announcement.

What? 10. Verify that the exam registration records and the organizing committee

1. In the 20-day period after the expiration of the filing, the Organisation-The Officer must complete the work appraisal of the project registration records, the appraisal report and the Supreme People ' s Chief Justice review review.

2. Chief Justice of the Supreme People ' s Court to hold the Board of the Jury Examination of the primary judge, High Judge, High Judge to decide;

a) Browse the list of persons with sufficient standards and conditions;

b) the time decision, the venue of the competition, the contents of the exam, the exam format;

c) Appropriing the training program, fostering of the Court Academy pursuits at paragraph 3 Article 7 This Regulation;

d) Decided the authorization for the Academy to open the training class, fostering and organization of the selection exam, the examination of the Judge;

The other matters.

Chapter III

THE BOARD AND THE STAFF

What? 11.

The board was decided by the Director of the District Court to form under the authorization of the Board of the Acute Justices, the High Judge, the Senior Magistrate.

The council holds the selection exam, which holds the Judges trunking over time, venue, events, the exam form, the Assembly's selection of the primary judge, the High Judge, the High Judge of the decision.

The council itself dissolved after the completion of the exam.

What? 12. The mission, the jurisdiction of the Board

1. Organization for training, fostering and acute certificate of training, fostering for the predicate;

2. Time Notice, venue of the exam, the exam format, the contents of the competition;

3. The selection of the selection exam, the examination of the Judges tranche under the authorization of the Board of the Preliminary Appeals, Senior Judge, Senior Magistrate;

4. The establishment of the Committee for the Examination, Board of Examinations, Ban Paces, Ban Board, Board of Appeals, Board of Appeals for the Examination Board;

5. General, report the Chair of the Board to select the primary judge, senior judge, senior judge on the outcome of the exam;

6. Resolve the complaint, denouncing during the course of the exam.

What? 13.

The Board of the Council of the Competition is decided by the Chairman of the Council to establish and operate under the provisions of this Regulation.

The departments helped to dissolve themselves after the completion of the exam.

It is not a member of the committee to help the Council to contest the participants ' relatives; those who are in the process of inspection, inspection; those who are in the time of being considered disciplined or enforce disciplinary decisions;

The Committee for the Council of the Competition consists of:

1. Board Secretariat

1.1. The Secretariat of the Council is composed of the Head of the Board, the Deputy Head and the members.

The Secretary of the Secretariat is responsible for the assignment of the members to help the Council to hold the examinations in accordance with the rules and the rules of the exam.

The Deputy Chief of the Board of the Board of Ministers operates some activities in accordance with the Director's division.

1.2. The mandate, the powers of the Secretariat of the Board of the Competition:

a) Help the board to organize training, fostering for the project, or to submit documents to the execs of the exam itself;

b) Set the exam room according to the approved list;

c) Preparing the necessary documents, documents required by the Council of the Competition and to record the meetings of the Council of the Competition;

d) Receive and examination of the exam from the Chief Board of the Board, hand over the exam to the Chief of Ban Phace for the numbering and pulley; the recipient of the exam and the evaluation of the bar to the Head of the Board to hold the exam;

) Receiving Results From The Exam Board to General, report the results to the Competition Board;

e) Continue to receive a complaint, denounce and report the Chair of the Board to review the complaint of the complaint, denounce;

g) Continue to apply for a petition, report the Chair of the Council to review the appellate resolution; transfer the exam to the Court of Appeals, receive the result of the issue of the Gospel and inform the result of the offer of the judges;

) Organisseroing the project fees, management of the financial expenses serving the exam and the payment of the expected reserve fee.

2. Okay. Exam

2.1. The committee consists of the Head of the Board, the Deputy Head and the members.

2.2. Member of the Board:

a) A member of the Board of Proposal must be a Master of the Master of Laws or who has many experience in the competition;

b) The person who was appointed member of the Board was not allowed to participate in the exam.

2.3. Mission, permissions.

a) Help the Assembly to build the proposal, the question bank, the answer and the scale of detail;

b) The Board members are responsible for keeping the subject of the exam, the bank of the question and the regulatory response.

3. Board

3.1. The Board consists of the Head of the Board, the Deputy Head of the Board, the Board of Directors.

The participants of the Board were not allowed to participate in the Competition and Board.

3.2. Mission, the powers of the Chief of the Board.

a) to help the Organization of the Competition to enforce the rules of the exam and the rules of the exam;

b) the layout of the exam, the assignment of duty to the Vice Chief and every member of the Board of Examination;

c) Receivable and predefined by the correct procedure;

d) suspend the examination of the Director and report the President of the Decision Exam Committee, suspended for the intended person if there is an internal breach of the exam, the statute of the exam;

The organization of the exam's exam and sealing the exam for the Secretariat of the Competition Secretariat.

3.3. Mission, the powers of the vice president.

The Deputy Head of the Board of the Board of the Board of the Board of the Board of Management of the Board of Operations will be held by the Chief of the Board.

3.4. Chief Manager

Head of the Board of the Board of Directors to serve as a duty assignment to the members as the Chief of the Exam Room and the Chief of the Corridor.

Each of the labs is assigned two to three supervises, of which a Director is assigned a primary responsibility in organising the exam at the exam room (called Supervisor 1). Oversee a specific assignment for the Supervisor at the exam room.

3.5. Mission, jurisdiction:

a) Check out the exam room, numbering the winner's name on the reservation at the exam room;

b) Call the executor in the exam room, the driver ' s guide to the right location, only allowing the intended person to carry into the room of the prescribed items;

c) Sign paper as a test paper and a draft paper, a paper paper, a draft paper for the intended person, the disseminenal dissemine, and the rules of the exam;

d) The exam, examination of the examination for the examination of at least 02 people, open the exam, copy the exam to the table or the exam for the intended recipient;

Discovery, reminding the execs to violate the rules, the case of a serious breach of the law enforcement is set to compile and report to the Chief of the Board.

e) Thu, check and hand the exam with the remainder of the exam and the rest of the sentence for the Chief of the Board to enforce the procedure.

3.6. Mission, jurisdiction of the Chief of the Corridor:

a) Perform the mission of the Superintendent outside the exam room, which is responsible for finding, reminding, critiquing, and the Director of the Enforcement of the Enforcement of the execs of the breach of the execs in the corridors of the corridors;

b) The case of serious violations such as disorderly conduct, safety in the area of the corridors must report to the Chief of the jury to review, resolve;

c) The corridor is not allowed to enter the exam room.

4. Ban.

4.1. The band consists of the elders and members.

The man who was sent as a member of the Board was not allowed to participate in the Committee.

4.2. The mission and the power of the order:

a) The Chief Ban Phace is responsible for the assignment of specific duties to the members of the Paces to perform the pulse and pulley of the exams by the rules of the exam. The mucosa and the exam were handed over, handed over to the Secretariat of the Council.

b) The members of Ban Phace are responsible for ensuring the secret number of amber according to regulation.

5. The End Board

5.1. The Board consists of the Head of the Board, the Deputy Head of the Board and the members.

A member of the Board must be a master of the master's degree or who has many experience in the competition;

The Board member did not include those who attended the Board and Ban Phace.

5.2. Mission, the powers of the Head of the Estates.

a) Help the Council to implement the procedure by statute;

b) Subcommittee members in the Board of Time;

c) To accept and divide the exam to the Board members, the table results desk for the Secretariat of the Competition Board;

d) Set the editorial and report the Chair of the examination and resolve upon the discovery of the exam of the execs of the intranet, the statute of the exam;

Combining the results of the exam, handed over to the Secretariat of the Board, keeping the results of the results.

e) The decision to terminate the exam or redecision the exam score in the case of the rating members is dislocations 10% from the maximum score of the exam.

5.3. Mission, the powers of the Deputy Head of the Estates.

The Deputy Head of the Termination Board helps the Head of the Board to run a number of punctated activities according to the Chief's division.

5.4. Mission, the permissions of the Board member:

a) The end of the exams in accordance with the answer and the scale;

b) The sign of the breach in the exams with the Head of the Estates and recommended the form of processing.

6. The Gospel Board

6.1. The House of Appeals consists of the Head of the Department and its members.

The Board of Appeals was decided by the Chairman of the Council to establish a request for the exam.

A member of the Court of Appeals must be a Master of Laws or a degree of experience.

The member of the Court of Appeals did not include those who had joined the Board.

6.2. The mission, the authority of the Court of Appeal:

a) When receiving a petition from the Secretariat, the members of the House of Appeals helped the Council to give the examination to the Gospel according to the rules;

b) The exchange and unification of opinions of the members of the Committee of the Gospel to have the exact conclusion of the Gospel;

c) The combined result of the event, then handed over the speech to the Secretariat of the Competition.

What? 14. Duke recognition and announcement

Following the completion of 3 days after the completion of the results of the combined results, the Chairman of the Board was authorized to report the Chair of the Board to select the primary judge, the senior judge, the senior judge on the outcome of the exam.

The Chairman of the Board of the Board of the Preliminary Judge, the High Judge, the High Judge considers the recognition of the exam results.

The Board of the Competition is listed at the venue and posted on the Electronic Information Portal of the Supreme People's Court.

What? 15. Identilocate the winner

The winner of the selection exam, the Judge ' s quota must have full of the following conditions:

1. Preseason and have all competitions in the competition; there are scores of each test from 5/10 points to the scale of each of the competitions.

2. Have the highest number of results in the highest number in the order from high to low in the range of selected Judges, the tranche.

3. The case with a 2-person entrance has the result of equal examination in the final position under Article 2 of which only the judge is selected, the quota is not enough for the number of those who are won by the player who has a higher writing score. If the exam score is equal, the sub-exam organization or the Chair of the Board considers the conditions, the other standard to decide the winner.

What? 16. Resolve complaint, denounce

1. In the process of holding the exam if a complaint is filed, denouncing, the Chair of the Competition Board must review the settlement over the 10-day period of work, since the date received the complaint, denouncing.

2. In the 15-day period, since the date of the exam announcement, the substitute has the right to submit a petition for the appeal of the exam results to the Competition Board. The Secretariat of the Council of the General Assembly, reports the President of the Competition to hold the question of the blessing.

3. In the 30-day period since the day of the application of the Gospel, the Court of Appeals gave the Gospel of the Day and the Chairman of the Council for the Examination Results. The result of the event was synthesized and informed the person with the request for the appeal.

4. Only consider the application of the request for the request to be sent directly or sent via the postal route to the Board of the Competition (via the Secretariat of the Council of the Competition). There is no reference to the answer format, the title protection.

What? 17. Document Archive

1. Documents on the examinations include: texts on the examinations organization of the Competition Council, Chair of the Competition Council; the list of projects; the types of text, the service of the competition, the exam; the exam, the original proposal, the answer, the scale of the exam; document guidelines (if any); the decision to recognize the outcome of the exam; the editorial document; the conclusion of the complaint, denouncing, and other types of examinations of the exam ...

2. In the 30-day period since the end of the exam date, the Competition Board is responsible for handing over the provisions of Article 1 Article to the Organization-Officer for storage under the current regime.

Chapter IV

THE ORGANIZATION.

What? 18. Don't I do.

1. The Chair of the Board of the Board of the Primary Judge, Senior Judge, Senior Judge is responsible for directing the execs.

2. The head of the Organization of the Organization-Officer, Director of the Court of the Court, Head of the Supreme People ' s Court of the Supreme Court and related units responsible for carrying out this process ./.