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...

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952804/thng-t-01-2016-tt-ca%253a-quy-nh-vic-t-chc-cc-ta-chuyn-trch-ti-ta-n-nhn-dn-tnh%252c-thnh-ph-trc-thuc-trung-ng%252c-ta-n-nhn-dn-huyn%252c-qun%252c-th-x%252c-thnh-p.html

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The CIRCULAR regulates the Organization of dedicated courts at provincial people's Court, the central cities, the district people's Court, County, town, city in the province and equal _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of organization of people's Court 62/2014/QH13;
Pursuant to the law enacting the legal text no. 17/2008/QH12;
Proposal of the Director General, Legal Affairs and scientific management of the Supreme People's Court, the Chief Justice of the Supreme People's Court issued a circular regulating the Organization of dedicated Building at people's Court, the central cities, the district people's Court, County, town of , a city in the province and equivalent.
Article 1. General provisions on the Organization of dedicated Courts 1. Ensuring specialized solving, hearing of the Court of trial fields in order to improve the quality of tackling, judging the types of incidents, facilitates assignment, layout, arrangement, training, fostering conditions of the entire team of judges, Inquisitor, court clerk; in the court case not qualified organizations dedicated to Building the layout dedicated judge.
2. Perform correct provisions of the law on organization of people's Court about the name, structure of dedicated Courts and regulates the functions and tasks of the Court specialising in article 3 of this circular.
3. Guarantee conditions, sequence, procedure suggest the Organization of dedicated Courts according to the provisions of article 2 and article 4 of this circular.
Article 2. The organization dedicated the Court conditions 1. The Organization of the Court who are dedicated to the people's courts at provincial, city, municipal district people's Court, County, town, city in the province and equivalent must meet the following conditions: a) the number of cases that the Court accepting the settlement, of specialised jurisdiction as defined in article 3 of this circular are from 50 cases per year.
b) payroll Have judges, Inquisitor, meets courts clerk asked the court organization dedicated to.
2. in case the Court does not meet all the conditions of the court organization dedicated to the provisions in clause 1 of this article shall not organize dedicated Court but judges who are dedicated to solving.
Article 3. The jurisdiction of the specialised Court 1. The criminal court hearing the criminal case, except the Criminal Court's jurisdiction in the family and minors; consideration, decided to apply the measures of administrative processing at the people's Court in the case in court that no administration handling of Court Organization, unless the consideration, decided to apply the administrative handling measures in the jurisdiction of the Family Courts and the juvenile.
2. Civil Courts to resolve civil cases; resolving the trade business, bankruptcy, labor, administrative court in cases in which the Court held no economics, Labor Court, the Administrative Court.
3. Economic Court resolve the service trade, business bankruptcy.
4. the Administrative Court to resolve the case.
5. the Labour Court to resolve the labor incident.
6. the Family Courts and the juvenile solve cases such as the following: a) The criminal case in which the accused are people under the age of 18 or the criminal case in which the accused are people who have enough 18 years of age but the victim who is under age 18 suffer from serious psychological damage or need the support of living conditions the study, by not having a healthy family environment as those under 18 years of age;
b) consideration, decided to apply the measures of administrative processing at the people's Court for juveniles;
c) the marriage under the provisions of the code of civil procedure.
7. the administrative processing of court review, decided to apply the measures of administrative processing at the people's Court, with the exception of the Court's jurisdiction in the family and minors.
Article 4. The order, the court organization dedicated procedure 1. The people's Court Chief Justice the province, central cities basing on the professional organization of the Court conditions, scrutinize, organizational needs assessment the Court dedicated to the people's Court in the central city, and the district people's Court, County, town, city in the province and equal in scope under the jurisdiction of the territory; review about staffing the judge, Inquisitor, existing court clerk; build records suggest the Court's organization dedicated to the people's Court in the central city, and the district people's Court, County, town, city in the province and equal in scope under the jurisdiction of the territory.
2. The records suggest the organization dedicated to Building include: a) organization dedicated to Building projects at the provincial people's Court, city in Central and district people's Court, County, town, city in the province and equivalent, which stated the need for dedicated Building organization, the basis of the proposed , the number of specialised Courts need organization, dedicated the name, structure, functions, tasks, personnel and organization projects proposed on the payroll for judges, Inquisitor, court clerk of each Court are dedicated.
The scheme must be Ban the party, the people's court officials of the province, the city of centrally reviewed, voted through;
b) text recommended dedicated Court held at the people's Court, the central cities, the district people's Court, County, town, city in the province and equivalent.
3. The records suggest the organization dedicated the Court submitted to the Supreme People's Court (through Service-Organization officers).
4. within 30 working days from the date of the records suggest the court organization dedicated, Service organizations-officers of the Supreme People's Court must review the records suggest the organization dedicated the Court; If the profile meets the established eligibility Documents the process of Chief Justice of the Supreme People's Court review, decided the Organization of dedicated Building. The case of the Chief Justice of the Supreme People's Court decided not to organize dedicated Building in the people's Court, the central cities, the district people's Court, County, town, city in the province and equal then Service-Organization officers notified in writing to the provincial people's Court , central cities have the records suggest the court organization dedicated to know.
Article 5. The Organization made the decision to organize dedicated Court 1. The people's Court Chief Justice of the province, the city of centrally appointed Chief Justice Court titles, Deputy Chief of the people's Court in the central city, and the district people's Court, County, town, city in the province and equal in scope under the jurisdiction of the territory; assigned judge, Inquisitor, court clerk working in the towers are dedicated to the people's Court in the province, the central cities.
2. district people's Court Chief Justice, County, town, city in the province and the equivalent of assigning judges, Inquisitor, court clerk, Inquisitor about execution work in the towers are dedicated to people's courts in the district, the County, a town, a city in the province and equivalent.
3. the people's Court Chief Justice the province, central cities set up reports on the implementation of decision of court organization dedicated to people's courts at provincial, city, municipal district people's Court, County, town, city in the province and equal in scope to the territorial jurisdiction of the Supreme People's Court (through Service organizations-officers) to track, manage.
Article 6. Dissolve the Court dedicated to 1. Dedicated courts do not meet all the conditions specified in article 2 of this circular, the Chief Justice of the Supreme People's Court review, decided to dissolve.
2. the people's Court Chief Justice the province, central cities have the responsibility to report and propose the Chief Justice of the Supreme People's Court to consider dissolving the Court specialising in people's Court, the central cities, the specialised Courts in district people's Court, district , a town, a city in the province and equal in scope under the jurisdiction of the territory.
3. Service organizations-officers of the Supreme People's Court is responsible for examining, reporting to the Chief Justice of the Supreme People's Court to consider dissolving the Court specialising in the case prescribed in clause 1 of this article.
4. the Court's Chief Justice, Deputy Chief Justice of the Court at the Court dedicated to dissolved was dismissed Chief Justice Court Office, Deputy Chief of the Court but can be appointed another equivalent or saved the regime prescribed by law.
Article 7. Effective enforcement of this circular in force since 11 March 2016.
Article 8. Implementation 1. The towers are dedicated to the people's Court in the central cities, established under the law on organization of people's courts in 2002 continued to operate until there is a decision on the Organization of the Court Organization Act new specialised court people in 2014.
2. where the law has provisions on litigation jurisdiction of the Family Courts and the juvenile and the other dedicated to the implementation of the authority as prescribed by law in the proceedings.
3. Service organizations-officers of the Supreme People's Court, the provincial people's Court, the central cities, the district people's Court, County, town, city in the province and equal responsibility to enforce this circular.
In the process if there are obstacles need to explain or supplement the instructions suggest reflects for the Supreme People's Court to have the explanation or additional instructions promptly.