CIRCULAR guide INDUSTRY made some provisions of the Ordinance on judges and the appeals courts _ _ _ _ _ _ _ _ _ _ _ _ _ _ To comply with the provisions of the Ordinance on judges and the appeals courts are National Assembly Committee passed on May 14, 1993;
After the Exchange with the Office of the President, the Ministry of defence, the Supreme People's Court and the Ministry of Justice to guide a number of points such as the following: i. on the JUDGE STANDARD 1-according to the provisions of article 33 of the Ordinance on the judges and jurors, the people's Court: "this Ordinance with effect from August 15, 1993"; Thus, since January 15, 1993, the population of Vietnam to be able to be recruited and appointed a judge of the Court does not have the full range of standards that the Ordinance prescribed for judges of that Court. However, according to resolution No. 37/UBTVQH 10 on May 14, 1993 of the Commission of the National Assembly "a number of provisions regarding the enforcement of the Ordinance on judges and the appeals courts" need to distinguish the following cases: a) for those who at present is not the judge , to be recruited and appointed a judge of the Court, it must have enough Ordinance standards prescribed for judges of that Court.
b) for the incumbent judges have not enough time to do the work of the law, no college degree or University Court of law, but there are enough other criteria which the Ordinance prescribed for judges Court them is đượng, the judge could still be recruited and appointed again as a judge of that Court. In term of appointment, the judge does not yet have enough college degree or University Court of law to study to attain the level of College of law; If not then not be recruited and appointed again as a judge in the next term. Chief Justice courts have newly appointed judges, but also the lack of standards for college degree or University law courts are responsible for coordinating with relevant authorities arranged time, enabling the judge to school to improve their College of law.
2. criteria for "health guarantee for completed tasks" defined in article 4 of the Ordinance should be understood to also be necessary, also include elements of appearance that's not the shape, deformities that directly influence the posture or the implementation of duties of the judge.
3. The following persons are considered unqualified "good moral quality,":-who was convicted of the crime of intentionally, not depending on whether the projects have been deleted are deleted;
-The person has been convicted of an offence, but not yet deleted;
-Who have disciplinary violations, ethics violation bad influence or lose credibility in the masses, people;
-People who have relatives like blood, like father, mother, wife, husband, children living in families that they have these jobs seriously violates the law, have the system.
II. THE ESTABLISHMENT OF THE BOARD OF SELECTION OF JUDGES OF THE DISTRICT COURTS, COUNTY, TOWN, AND CITY IN THE PROVINCE.
According to the provisions of article 23 of the Ordinance: "the selection board's courts judges at district level, district, town, city in the province include the Director of the Justice Department, representing the President of the people's Council, the people's courts, the Fatherland Front Committee, the Executive Committee of the Family Law Society the central cities, is a fellow.
List of members of the Board of selection of judges of the district courts, County, town, city in the province by the Minister of Justice decided as proposed by the Director of the Department of Justice after reaching the comments with the Chief Justice of the province, the people's Court of the central cities ".
The Ordinance does not specifically prescribe who may represent, but according to the spirit, the representative must be one of the leaders of the organs, the organization said. Therefore, the Director of the Department of justice must have dispatch send the organs, the organization said on the election request one of the following leader who joined the Board of selection of judges:-representatives of the people's Council is a member of the people's Council or Chief or Deputy of the Law Committee of the people's Council.
-A representative of the people's Court is the Chief Justice or the Associate Chief Justice;
-Representatives of the National Committee is a member of the Standing Committee of the Fatherland Front;
-Representation of the Executive Committee of the law society is a member of the Standing Committee of the law society. Where not yet established the family law society temporarily without representative of the Executive Committee of the law society involved the selection board judge. When the Law Society was formed, the Director of the Department of Justice recommended to the Minister of Justice decided to complement the representation of the Executive Committee of the Law Society Council members making a selection of judges.
In the case of head or Deputy Head of the Legal Department of the people's Council or a member of the Standing Committee of the law society ... is the leader of the Justice Department, the provincial people's courts, the central cities, they are not elected to join the Board of selection of judges.
After the decision of the Agency, the organisation said on about election participants selection board judge, Director of the Justice Department should promptly consult with the Chief Justice of the provincial people's Court, the central cities; If the selection board involved the judge incorrectly telling Guide components on or have issues that need to be reviewed (as is also the discipline or have public opinion not good), then the Director of the Department of Justice need to exchange ideas with agency leadership collective has appointed that person and suggest a review of. After you have had the consistency of opinion, the Director of the Department of Justice recommended the list of Commissioners up to Minister of Justice decided. In the case of differing opinions, the Director of the Department of Justice, the Chief Justice's courts the central cities, reported his comments up to the Minister of Justice to review the decision.
III. The RECRUITMENT PROCEDURE And The PRESIDENT APPOINTED JUDGES 1. The profile of the person who recommended a selection and appointed judges include the following documents:-A a curriculum vitae containing the Agency's certificate management profile, the original history of the person.
-An application for selection and appointment of judges according to the model by the Ministry of Justice and the Supreme People's Court regulations;
-Copies of the diplomas, certificates of professional qualification laws, the level of political and other certificates (if any) related to the selection and appointment of judges. The copies are authenticated by the notary or the Agency where the person works.
-For the person who commented would be recruited, appointed judge of the place that the work according to the standards for judges toward the provisions in the Ordinance on judges and assessors people's courts.
2. The preparation of the profile of the person who recommended the selection of appointed judges and courts, districts, towns and cities in the province, including the opinions of the Committee level the same level, because the Justice Department has the responsibility to coordinate closely with the provincial people's courts, the central cities.
The preparation of the profile of the person who recommended a selection and appointed a judge of the courts of the province, central cities, including the opinions of the Committee level the same level, because The French have tight coordination with the Supreme People's Court.

The preparation of the profile of the person who recommended a selection and appointed judge of courts and equivalent military zone, regional military courts, including the opinions of the Party Committee, the regional military corps, the Corps, General or equivalent due to Department of Defense took charge there in coordination with the Ministry of Justice , The Supreme People's Court.
3. The selection of the person for appointment as judges is conducted for each one and following sequence: a member of the Board of selection of judges presents the materials contained in the profile of the person who recommended a selection and appointment as judges; based on the materials contained in the file, the members of the selection board opined judge their opinions about the proposed selection and appointed Assessors assessors phánvà people's Court or not; The Council selected the judge publicly voting by hand; the decision of the selection board judges to be too half the total membership of the Board voted approval.
Members of the Council of State judge selection if do not agree with the opinion of the majority of the Board has the right to reserve his comments and reserves, reserve the reason must be clearly stated in the minutes.
The President appointed judges was conducted as follows: a. list of people selected by the Council of the people's provincial court judge, City Court judge, central military region and the equivalent, military court judge selection area, by the Minister of Justice – President of the Council's selection process to appoint the President. The sheet is attached to the record of the selection board are judges have selected a copy of the minutes of the session of the Council the judge selection.
b. for those of the selection board to judge's courts, districts, towns and cities in the selection, then the Director of the Department of Justice – President of the Board of selection results reporting the range selection of the text submitted to the Minister of Justice to the Minister of Justice with Chief Justice of the Supreme People's Court the President appointed. The enclosed report results the selection board's judge.
After receiving the report the results of the selection of the Secretary of the Department of Justice consult with the Chief Justice of the Supreme People's Court. If there is trưqờng case that the Minister of Justice, Chief Justice of the Supreme People's Court found necessary selection board request reconsideration or clarification, the selection board had the responsibility to make that request. In case the selection board kept his comments, the reason and the Minister of Justice, Chief Justice of the Supreme People's Court will submit its opinion on the case that with the President.
IV. The RESIGNATION Of JUDGES 1. For judge violate discipline no longer qualifies as a judge, then the suggested profile President from Office consists of the following documents:-A self review of judges;
-The minutes of the Board of discipline where the Agency judges the work.
2. The preparation of the suggested profile from judges for court judges would by the Chief Justice of that Court. Once prepared, the records suggest the judges from courts of the province, central cities, judges of courts of military zone and equivalent military court judges, the area was sent to the Ministry of Justice; records suggest the judges from courts, districts, towns, and cities of the province were sent to the Justice Department.
The preparation of the profile suggested replacing the Chief Justice, Deputy Chief Justice of the Court of the people of the province, the city of centrally by the Ministry of Justice took charge; the preparation of the suggested profile resignation Chief Justice military courts military districts and military courts, equivalent area by the Department of Defense missions and the preparation of the profile suggested replacing the Chief Justice, Deputy Chief Justice courts, districts, towns and cities in the province by the Department of Justice.
3. The review and the President relieved the judge gets to follow procedure and sequence as the selection and the President appointed Judges phánhướng lead in section III of this circular.
This circular is effective from the date of signing.
In the process of implementing this circular if something stuck, then the authorities reported to the Supreme People's Court, the Ministry of Justice's guide the resolution of./.