The Ordinance of the National Assembly Standing Committee of Vietnam on order of, and procedures for, considering and deciding on the application of administrative-handling measures at People's Courts (Ordinance No. 09/2014/UBTVQH13) was issued on January 20, 2014.
According to Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam, cases of refusal or change of judges or clerks of sessions include:
- They are relatives of the subject persons.
- They have already considered and decided on the application of administrative- handling measures in the same case.
- They have already settled complaints, petitions or protests against the decision on application of administrative-handling measures in that same case.
- There are clear grounds to believe that they may not be impartial in the performance of their tasks.
Besides, Article 9 of Ordinance No. 09/2014/UBTVQH13 also stipulates the nomination of judges to consider and decide on the application of administrative-handling measures as follows:
- Within the time limit prescribed in Clause 2, Article 8 of this Ordinance, the chief justice of the court shall assign a judge to consider and decide on the application of administrative-handling measures. For the consideration of, and decision on, application of measure of sending the subject person to a reformatory, the assigned judge must have necessary knowledge about psychology and educational science and activities of preventing minors’ violations of law.
- The assigned judge is obliged to refuse the consideration and decision if he/she has clear grounds to believe that he/she may not be impartial in the performance of tasks.
- If the assigned judge cannot continue performing his/her tasks or refuses the consideration and decision, the chief justice of the court shall assign another judge to consider and decide on the application of administrative-handling measures.
View more details at Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam.
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