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Circular 01/2016/ca: Regulating The Organization Of The Court Who Are Dedicated To The People's Courts At Provincial, City, Municipal District People's Court, County, Town, City And Province In Th. ..

Original Language Title: Thông tư 01/2016/TT-CA: Quy định việc tổ chức các Tòa chuyên trách tại Tòa án nhân dân tỉnh, thành phố trực thuộc trung ương, Tòa án nhân dân huyện, quận, thị xã, thành phố thuộc tỉnh và tương đư...

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THE SUPREME COURT OF THE PEOPLE
Number: 01 /2016/TT-CA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 21, 2016

IT ' S SMART

Organize the organization of the I I'm in charge. I The people of the province, the city's central city, I The people of the district, the district, It ' s the town and the city and the city.

____________________________

The base of the rules. Let's Population murder. 62 /2014/QH13;

The law enacted laws that violate the laws of the law. Stain. 17 /2008/QH12;

At the suggestion of the Dean of the Law and Management of the Supreme People's Court,

The Chief Justice of the Supreme People of the Supreme People of the United States of the United States of the Supreme People of the United States of Justice Let's It is in charge of the Provincial People's Court, the central city, the District People's Court, the county, the town, the province, the province, and the equivalent.

What? 1. General regulation of the organization T Let's in charge

1. Make sure to specialize in resolving the resolution, trial by the Court in accordance with the field of trial to raise the quality of settlement, trial of cases, facilitate assignment, layout, arrangement, training, fostering, jury, jury, jury, The Court clerk; the case in the Court is not eligible to hold the Court of charge, then the Judge is in charge of the judge.

2. The correct implementation of the Law organizes the People ' s Court on the name, the structure of the Court of charge and the regulation of the function, the duty of the Court of charge at this Article 3.

3. Make sure the conditions, sequence, procedures recommend the organization of the Court by regulation at Article 2 and Article 4 of this Privacy.

What? 2. Criminal Court conditions

1. The organization of the Courts in the Provincial People's Court, the central city of the district, the District of the People's District, the district, the town, the city, the province, and the equivalent must meet the following conditions:

a) The number of cases in which the Court of Appeals, the jurisdiction of the jurisdiction of the Court of charge, is prescribed in Article 3 of this message from 50 per year or upward.

b) There is the jurisdiction of Judges, Judges, Responsive Court Clerk is required to hold the Court of charge.

2. The case in the Court does not meet the eligisum organization stipulated in paragraph 1 This does not hold the Court of charge but has to reposition the Judges in charge of the settlement.

What? 3. The jurisdiction of the Courts

1. The court of criminalization of criminal cases, except for criminal cases under the jurisdiction of the Court of Family and Juvenile; review, the decision to apply administrative treatment measures at the People ' s Court in the case at that Court is not organized. The Court of Administrative Executions, except for the case of consideration, decided to apply administrative handling measures under the jurisdiction of the Court of the Family and the juvenile.

2. Civil Court addressing civil affairs; settlement of trade, bankruptcy, labor, administrative, administrative, and administrative cases in the Court are not held by the Court, the Court of Labor, the Administrative Building.

3. The economy is addressing commercial business, bankruptcy.

4. Administrative Court solving administrative cases.

5. The labor court addressed the labor cases.

6. The Family Building and the teenager settled the cases as follows:

a) The criminal case that the defendant is under the age of 18 or criminal cases that the defendant is 18 years old or older but who is injured is that under the age of 18 years of mental damage or need for life conditions support, the study is therefore not available. healthy home environment like those under 18 other years of age;

b) Review, the decision to apply administrative processing measures at the People ' s Court for minors;

c) The case of family marriage by the regulation of the Civil Procedal Code.

7. The Administrative Trial is reviewed, deciding to apply administrative handling measures at the People's Court, except for the jurisdiction of the Court of the Family and the juvenile.

What? 4. Presentation procedure

1. Chief Justice of the Provincial People's Court, the central city of the Central Committee on the conditions that hold the Court of charge, review, assessment of the need to hold the Supreme Court in the Provincial People's Court, the central city, and the People's Courts. District, county, town, province, city, and the equivalent of the jurisdiction under the territory; in a review of the jurisdiction of the Judge, the Judge, the existing Court Secretary; construction of the filing proposal was held at the Provincial People's Court, the city of the city. It is central to the central and provincial districts of the district, the county, the town, the province, the province, and the equivalent of the jurisdiction over the territory.

2. The filing recommended that the Court of charge include:

a) The project is to hold the Court of charge at the Provincial People's Court, the central city of the central city and the District Court of the District, the district, the town, the province, and the equivalent, which specifies the need for the organization of the Court, the basis of the proposal, the number. It is required to organize, the names of the Courts, the organizational structure, the functions, the functions, the task organization, and the proposal of the Judge, the Judge, the Court Secretary of the Court.

The project must be approved by the People ' s Court of the Court, the central city of the central city, the vote passed;

b) The text offers to hold the Court of charge at the Provincial People's Court, the central city of the district, the District People's Court, the district, the town, the province, and the equivalent.

3. The file recommended that the Court be sent to the Supreme People's Court (through the Organisation-Officer).

4. In a 30-day period of work since the date of receiving the Filing Recommended Trial, the Organization of the Supreme Court of the People's Court must consider the Case recommended to be held. The Supreme Court of the Supreme Court review, decides the organization of the Supreme Court. The Supreme Court of the People's Court decided not to hold the Supreme Court in the Provincial People's Court, the central city, the District People's Court, the county, the town, the city, the city, and the equivalent of the Organization. In writing for the Provincial People's Court, the central city of the central city has submitted a proposal to hold the Office of Responsable.

What? 5. The organization makes a decision t socket It's a trial.

1. Chief Justice of the Provincial People 's Court, the central city centre decided to appoint the offices of the Chief of Staff, Deputy Chief at the Provincial People' s Court, central city and district of the district, county, town, provincial city and district. It is equivalent to a territorial jurisdiction; the judge, the Judge, the Secretary of the Court of Public Works in the Courts of the Provincial People's Court, the city's central city.

2. Chief Justice of the District of the District, District, Town, Provincial City and the equivalent of Judge Judge, Judge, Clerk of the Court, Judge on the Court of Public Works in the Courts of the District People ' s Court, District, Town, City, and City. The province and the equivalent.

3. Chief Justice of the Provincial People 's Court, the central city of the Central Committee to report on the implementation of the decision to hold the Court of charge at the Provincial People' s Court, the central city of the district, the District People ' s Court, the district, town, city. The province and the equivalent of the jurisdiction within the territory sent to the Supreme People's Court (through the Organization-Officer) to monitor, administer.

What? 6. The Court Award

1. The courts in charge do not meet the provisions of regulation at Article 2 of this Information, the Chief Justice of the Supreme People's Court review, the dissolution decision.

2. Chief Justice of the Provincial People 's Court, the central city of the central city is responsible for reporting and offering the Chief Justice of the Supreme People' s Court to review the dissolution of the Courts in the Provincial People ' s Court, the central city, the Courts in charge. The district court, the district, the town, the town, is in the province and is equivalent to a territorial jurisdiction.

3. The Organization of the Supreme People's Court is responsible for examining, reporting to the Chief Justice of the Supreme People's Court considering the dissolution of the Court in charge of the stipulation at 1 Article.

4. The judge, the Deputy Chief of the Court, is dissolved by the dismissal of the Chief Justice, Deputy Chief of the Court, but may be appointed as the equivalent of the equivalent or preserved in accordance with the provisions of the law.

What? 7. Hi Don't I Well, c

It has been in effect since 11 March 2016.

What? 8. The organization performs

1. The courts in charge at the Provincial People's Court, the central municipal city established under the Law of the People's Court of 2002 continue to operate until a decision on the organization of the new Court under the Law of Human Courts. In 2014.

2. The case of laws of litigation with the jurisdiction of the jurisdiction of the Court of the Family and the Juvenile Court, and other Disciplinary Courts, exercise the jurisdiction under the rule of law.

3. The Organization of the Supreme People's Court, the Provincial People's Courts, the central city, the District People's Court, the district, the town, the city, the province, and the equivalent of its responsibilities.

In the course of execution if there is an appropriate problem with an explanation or an additional instruction, the offer reflects to the Supreme People's Court for an explanation or an additional direction in time.

Chief Justice.

(signed)

Zhang Xiaoping