The Supreme People's Court of Vietnam provides guidance on summarizing emulation and commendation in 2017

The Supreme People's Court of Vietnam has issued Official Dispatch 187/TANDTC-TDKT providing guidance on summarizing the commendation and emulation work in 2017.

To ensure that the work of emulation and commendation is conducted uniformly and conformably, the Supreme People's Court provides the following guidance on several matters:

Regarding the calculation of temporarily suspended cases:

In Section 1, Part 1 of Guidance 143/TANDTC-TDKT: “… temporarily suspended cases should be included in the ongoing cases but not in the backlog cases”. This means that temporarily suspended cases are included in ongoing cases but not considered as resolved or trialed cases, and they are also not counted in the backlog cases.

Example: In 2017, the People's Court of Province A accepted 100 cases (including criminal, civil, administrative cases, etc.). The unit resolved and trialed 95 cases, achieving a 95% resolution rate. Among the remaining 05 cases, 03 cases were temporarily suspended by a judge's decision (these 03 cases are not considered in the resolved or trialed cases as they have no final verdict from the court and are also not counted in the backlog), and 02 cases were not resolved within the legally stipulated time.

Note: If the unit has many temporarily suspended cases, when calculating the resolution and trial rate/ accepted cases – if the target rate is not met, it will be considered as not completing the task.

Regarding emulation considerations for judicial title holders in the People's Court:

- According to the Regulations on handling responsibilities of judicial title holders in the People's Court (in Decision 120/QD-TAND), the calculation of the number of cases handled by judges who are members of the trial panel is as follows:

  • For the presiding judge, each resolved and trialed case counts as 01 case;
  • For other judges, each resolved and trialed case counts as ½ case (Clause 12, Article 2, Decision 120).

- Judicial title holders who are disciplined before their organization/unit will not be considered for the commendation title "Advanced Labor" (Point a, Clause 2, Article 4, Decision 120);

- The rate of annulled and amended cases: Calculated according to the provisions of Articles 14 and 15, Decision 120.

Regarding the consideration for the Emulation Flag of the People's Court and the Government of Vietnam:

- The consideration for the Emulation Flag is carried out according to the provisions of Articles 17 and 18 of Circular 04/2016/TT-TANDTC; Part II of Guidance 143 and Article 13 of the Regulation attached to Decision 23/QD-TANDTC dated July 4, 2017.

- The report must follow the attached template for the collective achievement report requesting the commendation of the "Emulation Flag of the People's Court" and "Emulation Flag of the Government of Vietnam".

Regarding the applications for commendation:

- For regular applications for commendation, the applicant shall comply with the guidance of Articles 28, 29, and 30 of Circular 04, and send them to the Supreme People’s Court (through the Emulation and Commendation Department) before November 15, 2017, with an electronic file sent to vuthiduakhenthuong@gmail.com. At the same time, the applicant must update commendation data and request commendations in the Emulation and Commendation software system as stipulated. the applicant failing to update data for 2017 is considered as not having requested commendations for 2017.

- Within 05 days from the conclusion of the Emulation Cluster summary conference, the Head (Deputy Head) of the Emulation Cluster must send the emulation evaluation results of the Cluster to the Supreme People’s Court with an electronic file sent to the email address of the Emulation and Commendation Department.

Refer to Official Dispatch 187/TANDTC-TDKT dated September 26, 2017 for guidance on:

- Preparation of the year-end report on the Emulation and Commendation work for 2017;

- Summary conferences at the Emulation Clusters;

- Timing of the Emulation Cluster conferences.

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