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

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

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

The procedures for the election, nomination, relief from duty or dismissal of Court Assessors according to Article 86 of the Law on the Organization of People's Courts 2014 are as follows:

• Provinical or municipal People's Courts under central government authority, district-level People's Courts of districts, boroughs, townships, provincial cities, and equivalent propose the need for the quantity and composition of assessors and recommend the Vietnam Fatherland Front committee at the same level to select and introduce qualified persons as stipulated in Article 85 of the Law on the Organization of People's Courts 2014 for the competent People's Council as prescribed by law to elect people's assessors;

The Chief Justice of the People's Court, after agreement with the Vietnam Fatherland Front committee at the same level, will propose to the People's Council the relief from duty or dismissal of people assessors.

• Military area and equivalent-level military court assessors are appointed by the Head of the General Political Department of the Vietnam People's Army based on the recommendation of the political agency at the military area, military corps, military service, general department, or equivalent level.

The Chief Justice of the military area and equivalent-level courts, after agreement with the political agency of the military area, military corps, military service, general department, or equivalent level, will propose to the Head of the General Political Department of the Vietnam People's Army the relief from duty or dismissal of military court assessors.

• Area-level military court assessors are appointed by the Political Commissar of the military area, military corps, military service, general department, or equivalent level based on the recommendation of the political agency at the division or equivalent level.

The Chief Justice of the area-level military court, after agreement with the political agency of the division or equivalent level, will propose to the Political Commissar of the military area, military corps, military service, general department, or equivalent level, the relief from duty or dismissal of area-level military court assessors.

2. Responsibilities of Court Assessors in Vietnam

The responsibilities of Court Assessors according to Article 89 of the Law on the Organization of People's Courts 2014 are as follows:

• Be loyal to the Nation, exemplarily comply with the Constitution and laws.

• Participate in adjudication according to the assignment of the Chief Justice of the Court and cannot refuse, except in cases of legitimate reasons or as prescribed by procedural laws.

• Be independent, impartial, objective in adjudication, contributing to the protection of justice, human rights, civil rights, the socialist regime, the interests of the State, and the legitimate rights and interests of organizations and individuals.

• Respect the people and be subject to public supervision.

• Keep state and official secrets as prescribed by law.

• Actively study to improve legal knowledge and adjudication skills.

• Comply with the rules and regulations of the Court.

• Be responsible before the law for the performance of their duties and powers; if there is any violation of laws, the assessor will be subject to disciplinary action, dismissal, or criminal prosecution according to law.

If an assessor causes damage while performing their duties, the Court where the assessor performs adjudication duties must compensate for the damage, and the assessor who caused the damage has to compensate the Court as prescribed by law.

3. Regime and policies for Court Assessors in Vietnam

The regime and policies for Court Assessors according to Article 88 of the Law on the Organization of People's Courts 2014 are as follows:

• Assessors are provided training and professional development, and participate in the review conference of the Court's adjudication work.

The expense for training and professional development of assessors is included in the Court’s operational funds with support from the local budget as prescribed by law.

• Assessors who are officials, public employees, active-duty military personnel, or national defense workers will have their time serving as assessors counted as their working time in their respective agencies or units.

• Assessors are honored and rewarded in accordance with the law on emulation and commendation.

• Assessors receive adjudication allowances, are provided uniforms, and issued identification cards for adjudication duties.

The regime of adjudication allowances, uniform models, issuance and use of uniforms, and identification cards for assessors are regulated by the National Assembly's Standing Committee at the proposal of the Chief Justice of the Supreme People's Court.

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