What standard applications must the Chief Justice of the Supreme People's Court in Vietnam and the Chief Procurator of the People's Procuracy have to answer?
What are the standards of titles in the current judicial body?
Pursuant to subsection 2.16, Section 2, Part I, Regulation 214-QD/TW in 2020 stipulates as follows:
"2. Specific title criteria
...
2.16. Title of the judicial body
a) Supreme People's Court
a.1) Chief Justice of the Supreme People's Court
To fully ensure the common standards of a member of the Politburo, the Secretariat or a member of the Central Committee, and at the same time, it is necessary to have the following qualities and capabilities: Having high qualifications and deep understanding of the system Vietnamese legal system, international laws and practices; qualified for the title of Judge of the Supreme People's Court. Having the capacity to concretize and organize the effective implementation of the Party's guidelines, guidelines and policies and the State's laws in the assigned fields; legal capacity. Experienced in leading and directing activities of judicial agencies; impartiality and objectivity in directing the adjudication work. Having experienced and successfully completed tasks in leadership positions, key managers at provincial level or leaders of central departments, ministries and branches. Being an official member of the Central Executive Committee for a full term or more.
a.2) Deputy Chief Justice of the Supreme People's Court
Having a high level of expertise and deep understanding of the Vietnamese legal system; understanding of international laws and practices. Having the capacity to concretize and organize the effective implementation of the Party's guidelines, guidelines and policies and the State's laws in the assigned fields; legal capacity. Experienced in leading and directing activities of judicial agencies; firm political bravery, fairness and objectivity in directing the adjudication work. Being a Judge of the Supreme People's Court and having experienced and successfully completed tasks in the position of leader or manager at the director level or equivalent or higher.
b) Supreme People's Procuracy
b.1) Chief Procurator of the Supreme People's Procuracy
To fully ensure the common standards of a member of the Central Executive Committee, at the same time, it is necessary to have the following qualities and capabilities: Having high qualifications and deep understanding of the Vietnamese legal system, the law and information international rules; qualified for the title of procurator of the Supreme People's Procuracy. Having the capacity to concretize and organize the effective implementation of the Party's guidelines, guidelines and policies and the State's laws in the assigned fields. Has extensive experience in leading and directing activities of judicial and prosecutorial agencies. Fairness and objectivity in directing investigations and prosecutions. Having experienced and successfully completed tasks in leadership positions, key managers at provincial level or leaders of central departments, ministries and branches.
b.2) Vice President of the Supreme People's Procuracy
Having a high level of expertise and deep understanding of the Vietnamese legal system; understanding international laws and practices; qualified for the title of procurator of the Supreme People's Procuracy. Having the capacity to concretize and organize the effective implementation of the Party's guidelines, guidelines and policies and the State's laws in the assigned fields. Experienced in leading and directing activities of the people's procuracies and judicial agencies. Strong political leadership, fairness and objectivity in directing and exercising the right to prosecute and supervise judicial activities. Having experienced and successfully completed tasks in the position of leader, manager of the department or equivalent or higher.
Accordingly, based on working titles such as Chief Justice of the Supreme People's Court in Vietnam or Supreme People's Procuracy to determine the criteria as prescribed above.
What criteria must the Chief Justice of the Supreme People's Court in Vietnam and the Chief Procurator of the Supreme People's Procuracy meet?
How many years will the Chief Justice of the Supreme People's Court in Vietnam serve?
Pursuant to Article 105 of the 2013 Constitution stipulates as follows:
“Article 105.
1. The term of office of the Chief Justice of the Supreme People's Court follows that of the National Assembly. The appointment, relief from duty, dismissal and term of office of the Chief Justice of other Courts shall be prescribed by law.
2. The Chief Justice of the Supreme People's Court is responsible for and reports on his work to the National Assembly; while the National Assembly is not in session, take responsibility for and report to the Standing Committee of the National Assembly and the State President. The regime of reporting on the work of the chief justices of other courts is prescribed by law.
3. The appointment, approval, relief from duty, dismissal, term of office of judges and the election and term of office of jurors shall be prescribed by law.”
Accordingly, the term of office of the Chief Justice of the Supreme People's Court in Vietnam will be 5 years according to the National Assembly.
How long is the term of office of the Chief Procurator of the Supreme People's Procuracy?
Pursuant to Article 108 of the 2013 Constitution stipulates as follows:
“Article 108.
1. The term of office of the Chief Procurator of the Supreme People's Procuracy follows that of the National Assembly. The appointment, relief from duty, dismissal and term of office of the Heads of other procuracies and of the procurators shall be prescribed by law.
2. The Chief Procurator of the Supreme People's Procuracy is responsible for and reports on his work to the National Assembly; while the National Assembly is not in session, take responsibility for and report to the Standing Committee of the National Assembly and the State President. The regime of reporting on the work of the chief procurators of other procuracies is prescribed by law.”
Accordingly, the Chief Procurator of the Supreme People's Procuracy will follow the National Assembly's term of 5 years.
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