To propose the President to be Chairman of the National Judicial Council in Vietnam

To propose the President to be Chairman of the National Judicial Council in Vietnam (Internet image)

Outline of the draft Law amending a number of articles of the Law on Organization of the People's Courts

1. To propose the President to be Chairman of the National Judicial Council in Vietnam

According to Article 22 of the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Courts (amending Article 70 of the Law on Organization of the People's Courts 2014), the composition of the National Judicial Council includes :

- The President is the Chairman of the Council;

- The Chief Justice of the Supreme People's Court is Vice Chairman of the Council;

- Members including representatives of leaders of a number of Committees of the National Assembly, the Government, the Central Executive Committee of the Vietnam Bar Association, the Supreme People's Court, the Central Committee of the Vietnam Fatherland Front, the Ministry of National Defense, and the Office of the President, hold positions from Deputy Minister and equivalent or higher.

Currently, according to Article 70 of the Law on Organization of the People's Courts 2014, the Chief Justice of the Supreme People's Court is the Chairman of the National Judge Selection and Supervision Council.

2. To propose amendments to the functions and tasks of the National Judicial Council in Vietnam

Article 21 Outline of the draft Law amending and supplementing a number of articles of the Law on Organization of the People's Courts (amending Article 71 of the Law on Organization of the People's Courts 2014) proposes amendments and supplements to regulations on tasks and powers of the National Judicial Council to include:

- Develop a strategy for developing the People's Court;

- Develop regimes and policies for People's Court Judges and other judicial positions in the Court;

- Determine and propose the payroll and annual budget for the Court to report to the National Assembly for decision; Supervise the Supreme People's Court's allocation of staff, funding, and resources to the People's Courts;

- Consider selecting people who meet the qualifications and conditions to be judges according to the provisions of this Law and propose to the Chief Justice of the Supreme People's Court:

+ Submit to the National Assembly for approval the proposal to appoint Judges of the Supreme People's Court;

+ Submit to the President a decision on the appointment of Judges of other Courts.

- Consider dismissing and dismissing judges according to the provisions of this Law and recommend:

+ The National Assembly approves the proposal to dismiss judges of the Supreme People's Court;

+ The President decides to dismiss judges of other courts.

- Supervise the performance of duties, powers, professional ethics, code of conduct, and lifestyle of Judges; reward and discipline judges.

- Perform the task of protecting the Judge.

3. To propose additional regulations on the duties and powers of the Chairman of the National Judicial Council

Article 21 Outline of the draft Law amending a number of articles of the Law on Organization of the People's Courts has added regulations on the duties and powers of the Chairman of the National Judicial Council, including:

- Organize the implementation of tasks of the National Judicial Council; be responsible before the law for the Council's activities.

- Approve the Council's program and activity plan; promulgate other documents of the Council at the request of the Vice Chairman of the Council.

- Chair meetings of the Council.

- Implement reporting regime for the organization and activities of the Council.

4. Propose amendments to regulations on the operating principles of the National Judicial Council in Vietnam

The operating principles of the National Judicial Council are stipulated in Article 23 of the Draft Outline of the Law amending a number of articles of the Law on Organization of the People's Courts as follows:

The National Judicial Council operates on a part-time basis. The operating regulations of the National Judicial Council are prescribed by the National Assembly Standing Committee at the request of the Chairman of the National Judicial Council.

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