Vietnam: Cases of change of judges or clerks of sessions

Vietnam: Cases of change of judges or clerks of sessions
Lê Hải

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.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

19 lượt xem



Related Document
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;