What are the organization, responsibilities and rights of Military Jury in Vietnam? – Gia An (Ninh Binh)
Responsibilities of Military Jury in Vietnam (Internet image)
The content is stipulated in Resolution 1213/2016/UBTVQH13 on the organization and operation of the panel of assessors promulgated by the National Assembly Standing Committee.
The military jurors include military jurors appointed to perform adjudication duties at the military zone-level military courts or at the regional military courts.
The number of members of a military jury is determined based on the number of judges at each military court. There are 02 jurors for every 01 judge, but the total number of jurors at a military court must not be less than 10 people and not more than 30 people.
The military jurors' team has its head, 01 deputy head and military jurors as members.
- Organize for jurors to exchange trial experience, contributing to improving professional qualifications and preserving the moral qualities of military assessors.
- Make recommendations to competent agencies, organizations, and individuals to protect the lawful rights and interests of jurors.
- Consult with the Military Court of the same level on the activities of the jurors upon request.
- Discuss and give opinions on cases of commendation and the discipline of jurors.
- Cooperate with military courts of the same level in providing professional training and retraining for assessors.
- Give opinions on draft legal documents upon request.
- Propose the unit where the juror works or works to create conditions for the juror to perform the adjudicating task.
- Propose a budget estimate to support the operation of the jurors and send it to the military court of the same level for summarization, making an estimate, and submitting it to a competent authority for approval.
- Be provided with documents related to the organization and operation of the jurors and the jury upon request.
- Organize preliminary and final reviews every 6 months, 1 year, or when necessary, and send reports to the political director of the military zone, military service, general department, or equivalent level where the military court or chief judge of the military court is located.
Appointment of team leader and deputy head of military jury
- Military assessors with prestige and experience in adjudication may be appointed to be the head or deputy head of the military assessor's delegation.
- The political director of the military zone, military service, general department, or equivalent level where the military court is located shall appoint the head and deputy head of the military assessor team from among the military assessors at the proposal of the Chief Justice of the Military Court of the same level.
- Team leaders and deputy heads of military assessors are automatically relieved of duty or removed from office upon being relieved of duty or removed from duty by military assessors.
The team leader and deputy head of the military jury may be relieved of duty for health reasons, family circumstances, or other justifiable reasons; they may be dismissed for failure to perform duties, violations of moral standards, or violations of the law.
The chief justice of the military court shall request the political director of the military zone, military service, general department, or equivalent level where the military court is located to issue a decision on dismissal or dismissal of the head and deputy head of the military assessor team.
**The head of the military jury has the following responsibilities and rights:
- Convene and preside over meetings, conferences, seminars, and talks of the military jury;
- Maintain contact with and represent the military jury in relation to the political director of the military zone, military service, general department, or equivalent level, the head of the unit where he/she works, military courts of the same level, and related agencies and organizations;
- Exchange opinions with the Chief Justice of the Military Court of the same level on the assignment of military assessors to participate in adjudication activities, ensuring compliance with the request for trial of the case at the request of the Chief Justice of the Military Court;
- Organize the preliminary and final review of the work of the military jury;
- Summarize opinions and recommendations of military assessors on issues related to the jurors' activities and propose competent agencies to settle them.
**The Deputy Head of the Military Appraisal Delegation assists the Team Leader in performing tasks as assigned by the Team Leader. When the Team Leader is absent, he/she shall authorize a Deputy Head of the delegation to perform the tasks of the Team Leader.
- Carry out the activities of the panel as assigned by the head of the panel. Notify the results of the implementation to the Team Leader. Maintain regular contact with the Military Jury through the Head of the Delegation.
- Promptly notify the Chief Justice of the Military Court of the same level and the head of the military assessor's team if they detect illegal acts by agencies, organizations, or individuals in the course of performing their duties.
- When there is a change of position, place of work, or residence, it must promptly notify the head of the military assessor's team and the chief judge of the military court of the same level. If, for objective and legitimate reasons, it is impossible to perform the adjudicating tasks of the jurors, they must immediately notify the head of the delegation and the chief justice of the military court of the same level.
Duong Chau Thanh
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