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Ordinance 14/2011/ubtvqh12: Modifying, Supplementing Some Articles Of The Ordinance On Judges And Assessors Of The People's Courts

Original Language Title: Pháp lệnh 14/2011/UBTVQH12: Sửa đổi, bổ sung một số điều của Pháp lệnh Thẩm phán và Hội thẩm của Tòa án nhân dân

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Pursuant to the law of the people's courts organization 33/2002/QH10;

Pursuant resolution No. 27/2008/QH12 on November 15, 2008 by the National Assembly on the program building laws and ordinances in 2009 and added the program build laws and ordinances of Congress XII term (2007-2011);

The Standing Committee of the National Assembly enacted the Ordinance amending and supplementing some articles of the Ordinance on judges and assessors of the people's Court 11/2002/PL-UBTVQH11.

Article 1.

Amendments and supplements to some articles of the Ordinance on judges and assessors of the people's Court: 1. Article 2 is modified and supplemented as follows: "article 2 1. The people's Court judge in the Socialist Republic of Vietnam including: a) judge of the Supreme People's Court;

b) mid-level judges;

c) primary judge;

d) military court judges including judge Central Military Court as judges of the Supreme People's Court, the judge, judge intermediate beginner.

2. the Supreme People's Court, the Central Military Court are judges of the Supreme People's Court. The people's Court, the central cities (collectively, the provincial people's Court), the people's Court of the district, County, city, town in the province (referred to as-level people's Court), the Court of military zone and equivalents, a military court judge area intermediate and primary judge.

The number of judges of the Supreme People's Court, the judge, judge intermediate beginner level by the Commission of the National Assembly decided to follow the recommendation of the Chief Justice of the Supreme People's Court.

3. the people's Court in the Socialist Republic of Vietnam including: a) the people's assessors provincial people's Court, the provincial people's Court people's districts (known as people's assessors);

b) assessors military courts of military zone and equivalent military assessors, for the area (referred to as jurors military personnel). "

2. Article 19 is amended and supplemented as follows: "article 19 1. To guarantee the people's courts implement the functions, duties, Chief Justice of the Supreme People's Court decided: a) to judge intermediate, beginner judges from people's courts to do the task in other people's Court isn't the same province, central cities;

b) mid-level judges, judges from the primary people's courts to do the Mission has a time limit in other people's Court isn't the same province, central cities.

2. To ensure the local people's Court made the functions, duties, Chief Justice of the provincial people's Court decided: a) to judge intermediate, beginner judges from this people's Court to the charge in court the other people in the same province, central cities;

b) mid-level judges, judges from the primary people's courts to do the Mission has a time limit in other people's Court in the same province, central cities.

3. To ensure the military court perform the functions, duties, the Minister of Defense decided: a) to judge intermediate, beginner judges from this court martial came on duty at the military court after the reunification with the Chief Justice of the Supreme People's Court;

b) mid-level judges, judge beginning from this military court to do the Mission has a time limit in other military court. "

3. Article 20 is amended and supplemented as follows: "article 20 Who have qualified the provisions in clause 1 5 of this Ordinance, have the time to do the work of the law from four years older, has the capacity for hearing the case and resolve other things under the jurisdiction of the Court under the provisions of the law in the proceedings , can be recruited and appointed judge in the primary people's courts; If that person is active, the army officer could be recruited and appointed judge of the military court in the primary. "

4. Article 21 is amended and supplemented as follows: "article 21 1. Who are eligible for the provisions of paragraph 1 of article 5 of this Ordinance and was primary judge for at least five years, have the capacity for hearing the case and resolve other things under the jurisdiction of the Court under the provisions of the law, the proceedings can be recruited and appointed judges in intermediate people's courts; If that person is active, the army officer could be recruited and appointed judge of the military court in the middle.

2. where do the needs of the judiciary officials, who are eligible for the provisions of paragraph 1 of article 5 of this Ordinance and the time has come to do the legal work from ten years or more, has the capacity for hearing the case and resolve other things under the jurisdiction of the Court under the provisions of the law in the proceedings , can be recruited and appointed judges in intermediate people's courts; If that person is active, the army officer could be recruited and appointed judge of the military court in the middle. "

5. Article 22 is modified and supplemented as follows: "article 22 1. Who are eligible for the provisions of paragraph 1 of article 5 of this Ordinance and was judge of the intermediate level for at least five years, have the capacity for hearing the case and resolve other things under the authority of the Supreme People's Court, the Central Military Court, then can be recruited and appointed a judge of the Supreme People's Court; If that person is active, the army officer could be recruited and appointed judge of the Central Court.

2. where do the needs of the judiciary officials, who are eligible for the provisions of paragraph 1 of article 5 of this Ordinance and the time has come to do the work of the law from fifteen years or more, has the capacity for hearing the case and resolve other things under the authority of the Supreme People's Court , The Central Military Court, then can be recruited and appointed a judge of the Supreme People's Court; If that person is active, the army officer could be recruited and appointed judge of the Central Military Court. "

6. Article 23 was amended and supplemented as follows: "article 23 in the case of need, the people working in the industry or the people's Court by the Agency, the competent organization to maneuver to the work at the people's Court of industry but has not had enough time to do a primary judge or judge of the intermediate level or have not had enough time to do the work of the law but there are enough other standards specified in articles 20, 21 or 22 of the Ordinance, may be recruited and appointed judge or judge a primary intermediate in the people's Court or judge of the Supreme People's Court; If that person is active, the army officer could be recruited and appointed judge or judge a primary intermediate in the military court or military court judges. "

7. Article 25 be amended and supplemented as follows: "article 25 1. The selection board people's Court judges include: a) Selection Board of judges of the Supreme People's Court, the judge of the Central Court;

b) The selection board intermediate judge, judge in the primary people's courts;

c) selection board judge intermediate, primary judge in military courts.

2. the selection board judges working under collective mode. The decision of the selection board judges to be too half total membership voting approval. "

8. Article 27 is amended and supplemented as follows: "article 27 1. The selection board judge intermediate, primary judge in the Court of the people including the Chairman or Deputy Chairman of the provincial people's Council Chairman, Chief Justice of the provincial people's Court, the Interior Department leadership representative, Vietnam Fatherland Front Committee, the Executive Committee of the law society is member of the family.

List of selection board member judge intermediate, beginner judges in the people's Court by the Chief Justice of the Supreme People's Court decision as suggested by the Chairman of the provincial people's Council.

2. the selection board judge intermediate, beginner judges in the people's Court has the following powers, duties: a) the selection of the person qualifies as a judge, judge of the intermediate people's Court in the beginning as proposed by the Chief Justice of the provincial people's Court and suggested that Chief Justice of the Supreme People's court appointed;

b) reviewed the case judge intermediate, beginner judges in the people's Court can be dismissed judges specified in paragraph 2 to article 29 of this Ordinance as proposed by the Chief Justice of the provincial people's Court and suggested that Chief Justice of the Supreme People's Court dismissed;

c) reviewed the case judge intermediate, beginner judges in the people's courts can dismissed judges specified in clause 2 of article 30 of this Ordinance as proposed by the Chief Justice of the provincial people's Court and suggested that Chief Justice of the Supreme People's Court. "

9. Article 28 is amended and supplemented as follows: "article 28 1. The selection board judge intermediate, beginner judges in military courts include: the Central Military Court Chief Justice as Chairman, the representatives of Ministry of Defense, Ministry of Interior, the Central Committee of the Vietnam Fatherland Front, the Central Committee of the law society family of Vietnam is authorized.

List of selection board member judge intermediate, primary judge in military court by the Chief Justice of the Supreme People's Court decision as proposed by the Chief Justice of the Central Military Court.

2. the selection board judge intermediate, beginner judges in military courts have the task, the following powers: a) the selection of the person qualifies as a judge, judge intermediate elementary Department in the military court as proposed by the Chief Justice of the Central Military Court and suggested the Chief Justice of the Supreme People's court appointed;

b) reviewed the case judge intermediate, primary judge in military court can be dismissed judges specified in paragraph 2 to article 29 of this Ordinance as proposed by the Chief Justice of the Central Military Court and suggested the Chief Justice of the Supreme People's Court dismissed;


c) reviewed the case judge intermediate, primary judge in military court can be dismissed judges specified in paragraph 2 of article 30 of this Ordinance as proposed by the Chief Justice of the Central Military Court and suggested the Chief Justice of the Supreme People's Court. "

Article 2.

1. this Ordinance has effect as from July 1, 2011.

2. The Government, the Supreme People's Court within the scope of the task, their powers are responsible for guiding the implementation of this Ordinance.