What standards must the Chief Justice of the Supreme People's Court meet? What are procedures for electing Chief Justice of the Supreme People's Court in Vietnam?
What standards must the Chief Justice of the Supreme People's Court in Vietnam meet?
The standards for the position of Chief Justice of the Supreme People's Court in Vietnam are stipulated in section 2.16, sub-section 2, Section 2 of Regulation 214-QD/TW of 2020, including:
- Ensuring compliance with all general standards of a member of the Politburo, the Secretariat, or a member of the Central Committee,
- Possessing qualities and capabilities such as:
+ High level of expertise and profound understanding of the Vietnamese legal system, international laws, and practices;
+ Meeting the standards for the title of Judge of the Supreme People’s Court;
+ Capability to concretize and effectively implement the Party’s directives, policies, and the State’s laws in the assigned field;
+ Ability to legislate.
+ Experience in leading and directing the operations of judicial agencies;
+ Fairness and objectivity in directing judicial work.
- Having held and completed tasks well in key leadership and management positions at the provincial level or leading positions in central boards, ministries, and central authorities. Must have been an official member of the Central Committee for at least one full term.
What standards must the Chief Justice of the Supreme People's Court meet? What are procedures for electing Chief Justice of the Supreme People's Court in Vietnam?
What are procedures for electing Chief Justice of the Supreme People's Court in Vietnam?
According to clause 1, Article 26 of the Law on Organization of People's Courts 2014, the Chief Justice of the Supreme People's Court is elected, dismissed, and relieved from duty by the National Assembly upon the recommendation of the President.
The election process of the Chief Justice of the Supreme People's Court is detailed in Article 35 of the Rules of National Assembly Sessions issued with Resolution 71/2022/QH15, as follows:
- The President presents a list of nominees for the election of the Chief Justice of the Supreme People's Court.
- In addition to the list proposed by the President, National Assembly deputies have the right to introduce additional candidates or self-nominate for the position of Chief Justice of the Supreme People's Court. Nominees can withdraw from the candidacy list.
- National Assembly deputies discuss within their Delegation groups; the Chairman of the National Assembly may meet with the Heads of Delegations, inviting the President to attend to discuss related issues.
- The President reports to the National Assembly on the explanation and assimilation of the opinions discussed by deputies within their Delegation groups.
- The Standing Committee of the National Assembly presents to the National Assembly a list of additional nominees introduced by deputies or self-nominated (if any).
- The National Assembly discusses and votes to approve the list for the election of the Chief Justice of the Supreme People's Court.
- The National Assembly establishes a Vote Counting Committee.
- The National Assembly elects the Chief Justice of the Supreme People's Court by secret ballot.
- The Vote Counting Committee reports the results of the vote count and the voting results.
- The Standing Committee of the National Assembly presents to the National Assembly a draft resolution for the election of the Chief Justice of the Supreme People's Court.
- The National Assembly discusses.
- The Standing Committee of the National Assembly reports to the National Assembly on the explanation and assimilation of deputies' opinions and amends the draft resolution.
- The National Assembly votes to approve the draft resolution.
- The Chief Justice of the Supreme People's Court takes an oath.
What are the duties and powers of the Chief Justice of the Supreme People's Court in Vietnam?
Based on Article 27 of the Law on Organization of People's Courts 2014, the current duties and powers of the Chief Justice of the Supreme People's Court in Vietnam are as follows:
- Organize the judicial work of the Supreme People's Court; be responsible for the organization and implementation of the principle that Judges and Jurors adjudicate independently and only adhere to the law.
- Chair meetings of the Judicial Council of the Supreme People's Court.
- File protests according to cassation and reopening procedures against legally effective judgments and decisions of the People's Courts as prescribed by procedural law.
- Submit to the President opinions concerning the pardon petitions of condemned persons seeking commutation of the death penalty.
- Direct the summarization of adjudication practices, the preparation, and issuance of Resolutions of the Judicial Council of the Supreme People's Court to ensure the uniform application of law in adjudication; summarize and develop case law, publish case law.
- Direct the drafting of laws, ordinances, and resolutions submitted to the National Assembly, the Standing Committee of the National Assembly by the Supreme People's Court; promulgate or coordinate the promulgation of legal documents within their authority according to the Law on Promulgation of Legal Documents.
- Submit to the National Assembly for approval the proposal to appoint, dismiss, or remove Judges of the Supreme People's Court; submit to the President for appointment, dismissal, or removal the Deputy Chief Justices of the Supreme People's Court and Judges of other People's Courts.
- Appoint, dismiss, or remove titles according to the provisions in clause 1, Article 35, clause 1, Article 36, clause 1, Article 42, clause 1, Article 43, clause 1, Article 47, clause 1, Article 48, clause 1, Article 60, clause 1, Article 61, clause 1, Article 62, clause 1, Article 63, clause 1, Article 64 of this Law and positions within the Supreme People's Court, except for positions under the appointment, dismissal, or removal authority of the President.
- Decide to rotate, assign, or second Judges pursuant to clause 2, Article 78, clause 2, Article 79, and clause 2, Article 80 of this Law, except for Judges of the Supreme People's Court.
- Submit to the Standing Committee of the National Assembly for decision the establishment or dissolution of high-level People’s Courts; People’s Courts of provinces and centrally-affiliated cities; People’s Courts of districts, towns, district-level cities, provincially affiliated cities, and equivalents; military courts of military zones and equivalents; regional military courts; stipulate the territorial jurisdiction of high-level People’s Courts and establish other specialized courts when deemed necessary.
- Submit to the Standing Committee of the National Assembly for approval the organizational structure and operational tasks and powers of the Supreme People's Court's supporting apparatus.
- Decide on the organization of specialized courts according to the stipulations in point b, clause 1, Article 38, and clause 1, Article 45; stipulate the organizational structure and tasks and powers of the units under the supporting apparatus of the People's Courts according to the provisions in Article 24, clause 2, Article 34, clause 2, Article 41, Article 46, clause 4, Article 51, clause 3, Article 55, and clause 3, Article 58 of this Law.
- Execute tasks and powers as prescribed in clause 6, Article 66, clauses 3 and 4, Article 70, clause 7, Article 75, clause 4, Article 88, clause 3, Article 92, and clause 3, Article 93 of this Law.
- Decide on the allocation of staffing, the number of Judges, and the budget for the activities of the People's Courts; stipulate the staffing of military courts after agreement with the Minister of National Defense.
- Organize the inspection of staffing implementation, personnel management, and the management and usage of budget and facilities of People's Courts.
- Organize the training and retraining of Judges, Jurors, and other positions of the People's Courts.
- Be responsible and report work to the National Assembly; during non-sessions of the National Assembly, be responsible and report work to the Standing Committee of the National Assembly and the President; respond to questions and recommendations from National Assembly deputies.
- Perform other tasks and powers as prescribed by procedural law; resolve other matters as prescribed by law.
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