Procedures for election, nomination, relief from duty or dismissal of assessors in Vietnam

Procedures for election, nomination, relief from duty or dismissal of assessors in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for election, nomination, relief from duty or dismissal of assessors in Vietnam

Procedures for election, nomination, relief from duty or dismissal of assessors in Vietnam according to Article 86 of the Law on Organization of the People's Courts 2014 are as follows:

- The people’s court of a province or centrally run city, rural district, urban district, town, provincial city or the equivalent shall notify its demand for assessors in terms of number and structure of social strata to the same-level Vietnam Fatherland Front Committee, requesting the latter to select and recommend persons who fully meet the criteria prescribed in Article 85 of the Law on Organization of the People's Courts 2014 for being elected as people’s assessors by the competent People’s Council prescribed by a law;

After reaching agreement with the same-level Vietnam Fatherland Front Committee, the chief justice of the people’s courts shall propose the People’s Council to relieve from duty or dismiss people’s assessors.

- Army men’s assessors of a military court of a military zone or the equivalent shall be nominated by the Director of the General Department of Politics of the Vietnam People’s Army after being recommended by the political office of the military zone, army corp, arm, general department or the equivalent.

After reaching agreement with the political office of the military zone, army corp, arm, general department or the equivalent, the chief justice of the military court of the military zone or the equivalent shall propose the Director of the General Department of Politics of the Vietnam People’s Army to relieve from duty or dismiss army men’s assessors of the military cours of the military zone or the equivalent.

- Army men’s assessors of a regional military court shall be nominated by the political commissar of the military zone, army corp, arm, general department or the equivalent after being recommended by the political office of the division or the equivalent.

After reaching agreement with the political office of the division or the equivalent, the chief justice of the regional military court shall request the political commissar of the military zone, army corp, arm, general department or the equivalent to relieve from duty or dismiss army men’s assessors of the regional military court.

2. Entitlements and policies toward assessors in Vietnam

Entitlements and policies toward assessors in Vietnam according to Article 88 of the Law on Organization of the People's Courts 2014 are as follows:

- Assessors shall be professionally trained and retrained and are entitled to participate in conferences reviewing the adjudicating work of their court.

Funds for professional training and retraining of assessors shall be incorporated in operation funds of courts, with support from local budgets in accordance with law.

- Periods of working as assessors of cadres, civil servants, public employees, in-service army men or national defense workers shall be counted as their working time at their agencies or units.

- Assessors shall be honored, commended and rewarded in accordance with the law on emulation and commendation.

- Assessors are entitled to adjudication allowance and shall be provided with official attires and assessor identity cards to perform the adjudicating duty.

The adjudication allowance, model official attires, allocation and use of official attires and assessor identity cards shall be stipulated by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

3. Duties and powers of assessors in Vietnam

Duties and powers of assessors in Vietnam according to Article 84 of the Law on Organization of the People's Courts 2014 are as follows:

- Assessors of people’s courts include:

+ People’s assessors;

+ Army men’s assessors.

- People’s assessors shall perform the duty of adjudicating cases under the jurisdiction of people’s courts as assigned by judges of courts of localities where they are elected.

- Army men’s assessors shall perform the duty of adjudicating cases under the jurisdiction of military courts as assigned by judges of courts of localities where they are nominated.

- Assessors shall perform duties assigned by chief justices of courts. If failing to do so, they shall clearly state the reason for failure.

- An assessor who has not been assigned by the chief justice of his/her court to perform the adjudicating duty for one working year may request the latter to notify the reason.

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