Resolution 929/2015/ubtvqh13 To: Enact Operational Rules Of The Selection Board, Monitoring National Judges

Original Language Title: Nghị quyết 929/2015/UBTVQH13: Ban hành Quy chế hoạt động của Hội đồng tuyển chọn, giám sát thẩm phán quốc gia

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NORMAL COMMITTEE OF CONGRESS
Number: 929 /2015/UBTVQH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 14, 2015

THE RESOLUTION.

Issued Q I don't know. Oh. It ' s a co-selection, surveillance

National judge a

_________________

NORMAL COMMITTEE OF CONGRESS
THE SOCIALIST REPUBLIC OF VIETNAM.

The Constitution of the Socialist Republic of Vietnam.

The Law Base is held by the People's Court. 62 /2014/QH13;

Base of Resolution. 81 /2014/QH13 about the execution of the Law of the People ' s Court;

At the judgment of the Chief Justice of the Supreme People's Court,

DECISION:

Number one. The Board of Operations of the Council of the Draft, oversees the National Magistrate.

Second. This resolution is in effect since the date of the issue.

TM. NORMAL COMMITTEE OF CONGRESS
CHAIRMAN

(signed)


Nguyen Gung Xiong

STATUTE

COUNCIL OF SELECTION, NATIONAL JUDGE OF STATE JUDGE

(Issued by number Resolution) 929 /2015/UBTVQH13 May 14, 2015, of the National Assembly Standing Committee)

Chapter I

COMMON RULES

What? 1. The adjustment range

This statute rules the activities of the Council of the Draft, which oversees the National Magistrate (later called the Council); the sequence, the review procedure, the selection to recommend the appointment; the order, the review procedure to recommend dismissal, the way of Judge; the order, the capital. Judge; the authority to resolve the complaint, the report concerning the selection process, to recommend the appointment, to consider for dismissal, dismissal, and the oversight of the judge.

What? 2. The Rules of Operations of the Council

1. The Council operates in accordance with the collective principle and decides to follow the majority.

2. Council of Public Affairs 1 Commissioners to help Chairman of the Council resolve the work between the sessions of the Council.

3. When carrying out the mission, the Council uses the seal of the Supreme People ' s Court.

What? 3. Time to perform the duties of the Council Commissioner

1. The Commissioner of the Council terminated the Commissioner when he retired, quit the job, moved the other work or due to health, for another reason that it was impossible to guarantee the completion of the assignment or the dismissal.

2. The Council Commissioner may be dismissed when violating the ethics of ethics; violation of the law, regulations on the responsibility of the Commissioner of the Council at this Regulation.

The Council's recommended base, the Chief Justice of the Supreme People's Court, recommended that the National Assembly be appointed by the National Assembly to dismiss the Council.

What? 4. Board Chairman

1. Run the work of the Council.

2. The director resolve the work between the sessions of the Council.

3. convene and preside the session of the Council under this Regulation.

4. Keep a regular connection with the Commissioners of the Council.

5. The decision on the content, time to conduct the session of the Council.

6. Complete the grant-level profile with the authority to review the appointment, dismissal, the Judge.

7. Notice of the results of ratification, appointment, dismissal, the way of the Judge with the Council Commissioners at the next session of the Council.

8. Report activities of the Council with the National Assembly, the President of the country, the Standing Committee of the National Assembly.

What? 5. Board Member

1. Operate in accordance with the provisions of this Regulation and the provisions of the law; must be independent, objectively, to keep the secret of work and be personally accountable to the Council.

2. Join the full session of the Council, discuss and vote on the issues that are subject to the session ' s session of the Council. If you can't attend the session, you have to report a reason to the Chairman of the Council.

What? 6. Board Session

1. The assembly meets every quarter once. The Council may hold a nominable or unusual session at the recommendation of the President of the Council or at the suggestion of at least two-thirds of the Council's Council.

2. Session of the Council chaired by the President of the Council of Assembly. The session of the Council must have at least two-thirds of the Council being present. Every decision of the Council was passed at the Council's session, and it must be over half the total number of members of the Assembly to approve the approval, unless the case does not proceed under the prescribed session at paragraph 6.

3. The selection session to recommend the Chief Justice of the Supreme Court of the National Assembly approved the appointment of the appointment of the Supreme People's Court to be conducted at least 2 months before the opening day of the session of the National Assembly.

4. The regular session document of the Council must be submitted to the slog members of the 7 working days before the session of the session.

5. The case is needed, the President of the Council can:

a) Invitation of the agency, the unit, the visible organization attending the session of the Council and the comments, but not the voting.

b) Ask the person to be considered, selected to recommend the appointment; consider for a request for dismissal, the manner of the Judge to the session to the session or to answer the questions of the members of the Council.

6. The council may not conduct a session on the case of the body being held, the organization has the authority to proceed to assume the leadership of the High People 's Court, the Provincial People' s Court, the central city of the district, the District Court of People. County, town, provincial city, and the equivalent of a special case in accordance with the provisions at 6 Article 68 of the Law of the People's Court. In this case, the Chairman of the Council sent the text accompanying the profile to the members of the Council for a written opinion. The chairman of the Council directed the meeting of the members of the Council, the completion of the case, recommended the Chief Justice of the Supreme People's Supreme Court to appoint a Senior Magistrate, Senior Magistrate, the primary judge.

What? 7. Council action reporting mode

1. Every year, the Council is responsible for reporting activities with the National Assembly, the President of the country, the Standing Committee of the National Assembly.

2. The seminal or groundbreaking report at the request of the President of the Water, the Standing Committee of the National Assembly on the operation of selection, oversight of the Judge.

What? 8. Authority to resolve the complaint, the Council ' s denounce

1. The Council has the authority to review, address the complaint, denouncing the activities of the Council.

The Council of the Council of the Secretariat of the Secretariat of the Council stipulated in Article 27 of this Regulation (later known as the Secretariat) in coordination with the functional units of the Supreme People's Court and the agencies, the relevant organization, clarified and reported the Council.

2. Congrated, denouncing the non-jurisdiction of the Council's jurisdiction in accordance with Article 1 of this, the Council of Organs of the Council, the organization has jurisdiction over the provisions of the law. Agency, the organization has the authority to address the responsibility to announce the outcome of the settlement to the Council.

Chapter II

THE PROCEDURE, THE PROCEDURE REVIEW THE SELECTION TO RECOMMEND THE APPOINTMENT; THE SEQUENCE, THE REVIEW PROCEDURE TO RECOMMEND DISMISSAL, THE MANNER OF JUDGE.

Item 1

THE PROCEDURE, THE PROCEDURE REVIEW SELECTION TO RECOMMEND THE APPOINTMENT OF THE JUDGE

What? 9. The sequence, the session procedure review the selection to recommend the appointment of Supreme People ' s Court Judge

The order, the procedure of the review session, was selected to recommend the appointment of the Supreme Court of the People's Court to be conducted as follows:

1. The President of the Opening Council and presiding over the session.

2. Chairman of the Council on its own or authorship to the Council Commissioner to present the report of the reviewed person, the selection.

The review of the selection to recommend the appointment of the Supreme People ' s Court Judge is made to each person in order A, B, C. ..

3. The standard base, which appoints the appointment of the Supreme People 's Court on the provisions of the Law organising the People' s Court and the profile of the person being reviewed, the selection, members of the Council of Opinion, discuss.

4. Chairman of the session may invite the representative of the agency, unit, organization, individual stipulated at paragraph 5 Article 6 This Regulation states the opinion or answers to the questions of the Council membership.

4. Chairperson of the session concludes; members of the Council present at the session to conduct a closed ballot for each one by the list.

The case of a person 's profile was reviewed, the selection to recommend the appointment of the Supreme People' s High Court Judge, which has an unclear issue or has a complaint, denouncing that the majority of the Council members consider the need to proceed with additional progress. or verify that the Chairman of the Council decides to suspend consideration for the person to conduct additional records or verification.

What? 10. The approval of the National Assembly approved the appointment of the Supreme People ' s Court Judge

At the suggestion of the Council, the Chief Justice of the Supreme Court of the Supreme Court approved the nomination of the Supreme Court of the People's Court.

The file includes the Committee of the Chief Justice of the Supreme People 's Court, which compiled the session of the Council, the Assembly Session Resolution, the consideration of the individual' s personal profile, the selection to recommend the appointment of the Supreme People ' s Court Judge and other documents. It's something else.

What? 11. The sequence, procedure session review, selection to recommend the appointment of Senior Magistrate, High Court Judge, Preliminary Judge.

1. The President of the Opening Council and presiding over the session.

2. Chairman of the Council on its own or authorship to the Council Commissioner to present the report of the reviewed person, the selection.

The review of the selection to recommend the appointment of the Supreme People ' s Court Judge is made to each person in order A, B, C. ..

3. The standard base, the appointment of the appointment of the High Judge, the High Magistrate, the primary judge pursuant to the provisions of the Human Court of the People's Court and the profile of the person being reviewed, the selection, the members of the Council of Opinion, discuss.

The presiding officer may invite the representative of the agency, the unit, the organization, the individual stipulated at the 5 Article 6 of this Regulation, which states the opinion or answers to the questions of the members of the Council.

4. Chairperson of the session concludes; members of the Council present at the session to conduct a closed ballot for each one by the list.

The case of a person ' s profile was reviewed, which was selected to recommend the appointment of a Senior Magistrate, High Court Judge, the incomplete primary judge, whose issue was not yet clear or had a complaint, denouncing that the majority of the Council members consider needed. must proceed with the addition or verification of it, and the Chairman of the Council decides to suspend the review to the person to conduct additional records or verification.

What? 12. The country 's President' s program decides to appoint a senior Judge, High Court Judge, primary judge.

On the recommendation of the Council, the Chief Justice of the Supreme People's Court of the Supreme Court of the Supreme Court of the Supreme Court, the High Court of Justice, the primary judge.

The file includes the Committee of the Chief Justice of the Supreme People 's Court, which compiled the session of the Council, the Assembly Session Resolution, the consideration of the individual' s personal profile, the selection to recommend the appointment of the senior Judge, the High Judge, Judge. primary and other relevant documents.

What? 13. Personal profile of the Council review to recommend the appointment, reappointment the Judge.

1. Personal records of the Council submit the review to recommend the appointment of the Judge:

A vow to be a judge;

b) Primary (with a 4x6) file with the confirmation of the officer cadre management body according to the authority of the prescribed authority;

c) Property manifest, sample income provided by the competent authority;

d) The copies (which have legal evidence) by graduate degrees in law majors, certificate of career training, certificate of matrices selection to the corresponding judge threshold; texts, certificates of political reasoning, management, and political reasoning. the state and the texts, the other evidence associated with the selection, appointing the Judge (if any);

The self-examination of the person is recommended for selection and appointment as a judge by the Chief Justice of the Supreme People's Court;

e) The review, the assessment of the chief of the agency, the unit, the organization of the process of work, professional capacity, political and moral qualities, the lifestyle of the chosen person, appointed as Judge;

g) The receipt and results of the vote take the opinion of the agency, the unit, the organization for the recommended selection, appointed Judge.

2. For the selected person to recommend the appointment as a Supreme People 's Court by regulation at paragraph 2 Article 69 The Court of the People' s Court case includes regulatory documents at points a, b, c, e and g paragraph 1 This and the documents, It ' s just about the level of expertise in the field of work.

3. Personal records of the Council consider to recommend the appointment of the Judge which includes the specified documents at points c, e, e, and g paragraph 1 This and the background schema (additional).

Item 2

SEQUENCE, PROCEDURE REVIEW TO OFFER DISMISSAL, THE MANNER OF JUDGE

What? 14. Presentation, the session procedure review for the offer of dismissal, the Supreme Court of the People ' s Court.

The sequence, the procedure of the review session for the offer of dismissal, the way the Supreme Court of the People ' s Court is conducted as follows:

1. The President of the Opening Council and presiding over the session.

2. Chairman of the Council on its own or authorship to the Committee of the Council of the Chief Justice of the Supreme People 's Court recommended a review of dismissal, the Supreme Court of the People' s Court.

3. The regulatory base of the Law organizes the People ' s Court on the dismissal of the Judge and the case of the person being considered for the offer of dismissal, the manner, the members of the Council of the Opinion Statement, discuss.

The presiding officer may invite the representative of the agency, the unit, the organization, the individual stipulated at the 5 Article 6 of this Regulation speech or the interpretation of the question of the members of the Council.

4. The Speaker of the Council concludes; members of the Council present at the session to conduct a closed ballot.

The case of detection of the defendant 's record of dismissal, the Supreme Court of the Supreme People' s Court, has not yet clear or has a complaint, denouncing that the majority of the Council members consider the need to proceed with the addition or verification. It is clear that the Chairman of the Council decides to suspend consideration for the person to conduct additional records or verification.

What? 15. The congressional plan approx the offer of dismissal, the way the Supreme Court of the People ' s Court is

At the suggestion of the Council, the Chief Justice of the Supreme Court of the Supreme Court approved the motion of dismissal, the Supreme Court of the People's Court.

The file includes the Committee of the Chief Justice of the Supreme People 's Court, which compiled the session of the Council, Resolution Session of the Council, the personal profile of the person being reviewed for dismissal, the way the Supreme Court of the People' s Court was supreme and relevant documents. Different.

What? 16. The sequence, procedure session review for the offer of dismissal, the way of senior Justice, Senior Magistrate, primary judge.

1. The President of the Opening Council and presiding over the session.

2. The Chairman of the Council on its own or authorship to the Board of the Council presented the Board of the Chief Justice of the Supreme People 's Court of the Supreme People' s Court offering a review of the dismissal, the manner of senior Justice, the High Court Judge, the primary judge.

3. The regulatory base of the Law organizes the People ' s Court on the dismissal of the Judge and the case of the person being considered for the offer of dismissal, the manner, the members of the Council of the Opinion Statement, discuss.

The presiding officer may invite the representative of the agency, the unit, the organization, the individual stipulated at the 5 Article 6 of this Regulation speech or the interpretation of the question of the members of the Council.

4. The Speaker of the Council concludes; members of the Council present at the session to conduct a closed ballot.

The case of detection of the defendant ' s record of dismissal, the manner of senior Magistrate, the High Court Judge, the incomplete primary judge, has an unclear issue or has a complaint, denouncing that the majority of the Council members consider the need to proceed. The Chairman of the Council decided to suspend consideration for the person to conduct additional records or verification.

What? 17. The country 's President' s program decides to be dismissed, dismissed as senior Judge, High Judge, primary judge.

At the suggestion of the Council, the Chief Justice of the Supreme People's Court of the Supreme Court of the President of the Supreme Court, the High Judge, the High Judge, the primary judge.

The file includes the Committee of the Supreme People 's Court, which borders the session of the Council, the Council' s session resolution, the person ' s personal profile of the defendant to consider the dismissal, the senior Judge, the High Court Judge, the preliminary judge. level and other relevant documents.

What? 18. The personal profile of the Council presents the offer for dismissal, the Judge of Justice

1. Personal records of the Assembly offer a request for the dismissal of the Judge:

a) Application for the Judge, which states the reason for the dismissal of the Judge;

b) The certificate of health status, illness due to the medical authority with a jurisdiction; the certificate of family circumstances or other documents to prove the reason for the dismissal of the Judge (if any);

c) The written opinion of the Chief Justice of the Court where Judge works on health, illness, family circumstances or for other reasons the judge cannot guarantee complete the task of being delivered.

2. The council's personal profile recommends considering how the Judge is composed of:

a) The self-examination of the judge on the conduct of regulation at Article 82 Laws hold the Court of the People. When the judge does not make a test, the file must have a written report of the Chief Justice of the Court where the judge works;

b) The disciplinary review of the judge has a violation of the discipline of the disciplinary council;

c) The documents demonstrate the violation of the Judge (if any);

d) Decision the discipline of the person or agency, the organization has jurisdiction over the Judge (if any).

3. For the incumbent judge to be exempt under the stipulation at paragraph 1 Article 81 or of course being prescribed by the stipulation at 1 Article 82 The Law of the People's Court is not required to file a review of the Council. The Supreme Court of the Supreme Court is responsible for reporting the National Assembly, the President of the State, the Standing Committee of the National Assembly on the case of the dismissal of the incumbent, dismissed.

Chapter III

JUDGE MONITORING.

What? 19.

The Council performs oversight on the Supreme People ' s Court Judge, Senior Magistrate, Senior Magistrate, the primary judge.

What? 20. Judge Judge.

1. The implementation of the mandate, the powers of the judge under the provisions of the Law of the Organization of the People ' s Court and the relevant laws.

2. Career ethics, code of conduct, the lifestyle of the judge.

3. The implementation of the responsibility of the judge pursues Article 76 of the Law of the People's Court; the implementation of the Articles of Judges is not made as stipulated at Article 77 of the Law of the People's Court.

4. The implementation of the provisions of the law on transparency of property, income; in defense, against corruption, waste.

What? 21. Council monitoring program

1. The Council decides the program to monitor the quarterly, annual, oversight of the raid on the recommendation of the Council member or at the request of the agency, who has the authority.

The surveillance program was passed, the Council informed the Court, the agency, the relevant organization.

The Board of Public Assemblies performed the contents of the program and reported the results to the Council.

2. The Secretariat helps the Council to build a plan, which organizes the monitoring program.

What? 22. Council monitoring activities

1. Consider the Judge ' s report on relevant content at the request of the Supervisor Corps.

2. Consider the report by the Chief Justice of the People ' s Court where the Judge works.

3. Ask for the authority to resolve the complaint, denouncing the judge to provide documents on the settlement of the complaint, denouncing.

4. Board of Supervisor.

What? 23. Consider the reports

1. The Council asks the Judge to report on the following rules at Article 20 of this Regulation.

In the case of necessity, the Council can successfully distribute the members of the Board to clarify the contents of the Judge's report; ask the Chief Justice of the Court where the Chief Justice reports.

2. The Council review the Judge ' s report in the following sequence:

a) The Secretariat presents the report, opinion or conclusions of the agency with the authority over the settlement of the complaint, denouncing the Judge (if any);

In the case of necessity, the Council may ask the judge, invite the Chief Justice of the Provincial People's Court where the Judge of Work, the Chief Justice of the Supreme People's Court, or the representative of the Supreme Court of the People's Court came to the presentation.

b) The council member was assigned to verify the report presentation;

c) The agency representative, the organization invited to attend the consultation session;

d) Members of the Council of Petitions, discuss.

The Chairman of the Council concluded; members of the Council were present at the session to conduct a closed ballot.

What? 24.

1. Base on the monitoring program or at the request of the Council member or at the request of the agency, who has the authority, the Council decides to form the Supervisor Board.

2. The Council ' s resolution on the formation of the Board of Supervisor must clearly determine the content, the oversight plan, the Supervisor Corps component and the Judges under the supervision.

3. Content, surveillance plans by the Supervisor Board to be notified to the judge under the supervision, the Court is concerned with a delay of 15 days, before the Day of the Supervisor Day begins to conduct surveillance.

4. Mission Corps with a mandate, the following powers:

a) The implementation of the right content, the monitoring plan in the resolution of the formation of the Supervisor;

b) Ask for the Judge to be subject to the supervision, the Tribunal has a written report, which provides information, documents related to monitoring content, solving problems with which the delegation is concerned;

c) Consider, verify the problems that the jury sees in need;

d) When it was discovered that the judge had a violation of the law, the Board had the right to recommend the agency, the right to be considered, processed under the rule of law. The body, the tangible organization responsible for announcing the results of the settlement to the Council.

At the end of fifteen days, since the end of the monitoring operation, the monitoring group has to report the results of the monitoring to the Council for review, the decision.

What? 25. Check out the surveillance report.

The Council considers the report of the Supervisor in the following sequence:

1. Chief of the Board of Supervisor reports;

2. The agency representative, the organization invited to attend the consultation session;

3. Board of deliberation.

During the discussion process, the Supervisor delegation may present the addition of relevant issues;

4. The resolution of the resolution on the content is monitored. This resolution was sent to the judge under the supervision, the Chief Justice of the Court of Justice and the Agency, the relevant organization.

What? 26. The Council ' s jurisdiction in reviewing the results of surveillance

The base of the oversight, the Council has the following rights:

1. The case of Judge has a violation of the law but has not yet concluded the treatment of the competent authority the Council asks the Chief Justice where the Chief Justice to conduct a test of the conduct of the conduct, the degree of violation of the Judge, processed under the rules of the judge. the law and the report of the Council;

For the judge to conduct a violation of the law and have the conclusions of the competent authorities, the extent of the violation, the degree of violation, the Council offers the authority to review, decide the forms of discipline as prescribed.

2. When the discovery of a violation of the law is damaging to the right, the benefit of the Judge, the Council of the Organ Petition, the organization has the authority to apply measures to protect the Judge;

3. The petition with the authority has the authority to honor, commend the Judge under the rule of law.

Chapter IV

SECURE THE OPERATION OF THE COUNCIL.

What? 27. Board of the Council.

1. The Secretariat of the Council is the help department of the Council appointed by the Chairman of the Council for the establishment and regulation of the mandate, the work regime.

2. The Secretariat consists of the Chief of the Organization-The Supreme People 's Court Officer and members are a number of cadres, officials of the Organisation-Officer, Board of Inspects of the Supreme People' s Court, the central military court several other units of the Supreme Court. the supreme people.

What? 28. Council operating costs

1. The operating budget of the Council due to a guarantee by the State Budget, is an item in the operational budget bill of the People ' s Court. The Supreme People ' s Court is responsible for the management and implementation of the operational funding of the Council.

2. The Chairman of the Board of the Council performs and is responsible for the use of the operating budget of the Council as prescribed by the law.

What? 29. The regime, the policy of Council members, Secretariat and

When carrying out the mandate, the powers, the members of the Council, the Secretariat enjoyed the regimes, the policy under the rule of law.

What? 30. The responsibility of the agencies, the organization is relevant

1. The agencies, organizations that have members to participate in the Council are responsible for facilitally facilitable members to complete the task.

2. The agencies, organized organizations are responsible for coordinating with the Board of the Regulation.