07:47 | 23/07/2024

Individuals Subject to Disciplinary Warning: Ineligible for or Not Yet Considered for the "For the Cause of the Court" Commemorative Medal?

If an individual is disciplined with a warning, are they eligible or ineligible to be considered for the Commemorative Medal for the Judiciary? This is a question from Mr. An in Hue.

When is the process of awarding the Commemorative Medal usually conducted?

According to Article 11 of the Regulations issued with Decision 19/2018/QD-TANDTC-TDKT, the time for awarding the Commemorative Medal is as follows:

Time for awarding the Commemorative Medal

1. In June every year, the Heads of units under the Supreme People's Court, the Director of the Judicial Academy, the Chief Justice of the High Courts, the Chief Justice of the Central Military Court, and the Chief Justice of Provincial People's Courts shall implement the filing of requests for the awarding of the Commemorative Medal for eligible cases.

2. Dossiers requesting the awarding of the Commemorative Medal must be sent to the Standing Committee of the Supreme People's Court's Emulation and Commendation Council (via the Emulation and Commendation Department) before July 31 every year for consolidation and submission to the Council, which will then present the Chief Justice of the Supreme People’s Court for a decision.

3. Other individuals awarded the Commemorative Medal under the decision of the Chief Justice of the Supreme People’s Court are not subject to this Article.

Thus, in June every year, the Heads of units under the Supreme People's Court, the Director of the Judicial Academy, the Chief Justice of the High Courts, the Chief Justice of the Central Military Court, and the Chief Justice of Provincial People's Courts shall implement the filing of requests for the awarding of the Commemorative Medal for eligible cases.

The dossiers requesting the awarding of the Commemorative Medal are to be sent to the Standing Committee of the Supreme People's Court’s Emulation and Commendation Council before July 31 each year.

Simultaneously, as stipulated in Article 4 of the Regulations issued with Decision 19/2018/QD-TANDTC-TDKT in 2018:

The Supreme People's Court awards the Commemorative Medal on the occasion of the anniversary of the "Traditional Day of the People's Court" (September 13) annually and awards it unexpectedly under the Decision of the Chief Justice of the Supreme People's Court.

Individuals disciplined with a warning are subject to being ineligible or not considered for the awarding of the Commemorative Medal 'For the Career of the Court'.

Individuals disciplined with a warning are subject to being ineligible or not considered for the awarding of the Commemorative Medal 'For the Career of the Court'

Who is eligible for the awarding of the Commemorative Medal?

According to Article 5 of the Regulations issued with Decision 19/2018/QD-TANDTC-TDKT, the subjects eligible for the awarding of the Commemorative Medal are as follows:

Subjects eligible for the awarding of the Commemorative Medal

1. Individuals who have worked in the People's Courts or performed duties as People's Jurors and Military Jurors, including:

a) Individuals working in units under the Supreme People's Court; Judicial Academy; Military Courts; High Courts; Provincial People's Courts; District-level People’s Courts; and equivalent courts.

b) Individuals working as People's Jurors in the People's Courts and Military Jurors in the Military Courts.

2. Other subjects:

a) Individuals working in the organs of Communist Party, State, ministries, departments, provincial, district-level authorities, mass organizations, armed forces, political-social organizations;

b) Vietnamese individuals abroad and foreign individuals.

Thus, the following subjects are considered for the awarding of the Commemorative Medal:

Individuals who have worked in the People's Courts or performed duties as People's Jurors and Military Jurors, including:

- Individuals working in units under the Supreme People's Court; Judicial Academy; Military Courts; High Courts; Provincial People’s Courts; District-level People’s Courts, and equivalent courts.

- Individuals working as People's Jurors in the People's Courts and Military Jurors in the Military Courts

Additionally, other subjects include:

- Individuals working in the organs of Communist Party, State, ministries, departments, provincial, district-level authorities, mass organizations, armed forces, political-social organizations.

- Vietnamese individuals abroad and foreign individuals.

Are individuals disciplined with a warning subject to being ineligible or not considered for the awarding of the Commemorative Medal "For the Career of the Court"?

According to Articles 6 and 7 of the Regulations issued with Decision 19/2018/QD-TANDTC-TDKT, the regulations are as follows:

Subjects not yet considered for awarding the Commemorative Medal

1. Individuals with disciplinary violations or legal violations awaiting consideration and handling are not considered for the awarding of the Commemorative Medal.

2. Individuals disciplined by the Communist Party or government from the form of a warning upwards are only eligible for consideration and proposal for the awarding of the Commemorative Medal after the discipline has been cleared or the disciplinary period by the Communist Party has expired. The disciplinary period is not counted towards the time for awarding the Commemorative Medal.

Subjects not eligible for awarding the Commemorative Medal

No consideration for awarding the Commemorative Medal is given to individuals disciplined with dismissal; or criminal prosecution.

Thus, individuals disciplined by the Communist Party or government from the form of a warning upwards are only eligible for consideration and proposal for the awarding of the Commemorative Medal after the discipline has been cleared or the disciplinary period by the Communist Party has expired.

The disciplinary period is not counted towards the time for awarding the Commemorative Medal.

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