Chỉ thị 410-TTg

DIRECTIVE

ON THE TRAINING AND REFRESHER TRAINING OF JUDGES FOR ADMINISTRATIVE COURTS AT ALL LEVELS

The 7th session of the 9th National Assembly on the 20th of April 1995 adopted a Resolution to establish the Administrative Court. The work of establishing Administrative Courts and preparing conditions for their operation has thus become very urgent. In the immediate future, it is necessary to train or provide refresher training for over 1,000 Judges for Administrative Courts, so that the Administrative Courts can become operational as soon as the Ordinance on Procedures to Settle Administrative Lawsuits is approved.

To carry out the above tasks, the Prime Minister instructs the Ministries, the ministerial-level Agencies, the Agencies attached to the Government, and the People's Committees of the provinces and cities directly under the Central Government to carry out well the following requirements and tasks:

1. Quickly to set the Criteria for Judges of Administrative Courts for submission to the Standing Committee of the National Assembly for approval as the basis for the training and refresher training of Judges for Administrative Courts at all levels.

The criteria for the selection of personnel for training and refresher training to become Judges of Administrative Courts shall be defined clearly and concretely, with equal attention paid to both capability and virtue.

The target personnel to be selected for training and refresher training to become Judges of Administrative Courts are those who are working at State Inspection agencies and the administration at all levels and who are experienced in administrative management and have knowledge in law, and also a number of graduates from Law University with excellent or good marks and who are capable and virtuous.

To assign the Government Commission on Organization and Personnel to preside over and, together with the Ministry of Justice and the State Inspectorate, to join the Supreme People's Court in:

- Defining yearly the scope and plan for the training and refresher training of Judges of Administrative Courts, first of all, for the training and refresher training of Judges of Administrative Courts for 1995.

- Setting the criteria for professional standard for the Judges of Administrative Courts at all levels; the criteria for the selection of personnel for training and refresher training to become Judges of Administrative Courts.

- Guiding the Ministries, branches and localities in selecting personnel for training and refresher training for Judges of Administrative Courts, and organizing the selection in accordance with the set criteria.

- Assigning graduates of training or refresher courses for Judges of Administrative Courts.

2. The programs for training and refresher training of Judges of Administrative Courts shall include essential knowledge of law, administrative management and administrative jurisdiction, closely associated with the country's reality and making references to foreign experience.

The compilation of the curricula and lectures must include practical contents suited to each category of students.

The contingent of lecturers, including visiting lecturers, must be selected from personnel of high professional qualifications who had practical experience working at administrative agencies and who have good teaching capability to take part in the training and refresher training of Judges of Administrative Courts.

To assign the National Institute of Administration to preside over and, together with the Ministry of Justice and the State Inspectorate, join the Supreme People's Court in:

- Designing programs for the training and refresher training of Judges of Administrative Courts for submission to the Prime Minister for approval.

- Compiling curricula and lectures, and inviting lecturers and preparing conditions and facilities for the training and refresher training of Judges of Administrative Courts.

- Organizing courses of training and refresher training for Judges of Administrative Courts, and ensuring the realization of the norms in quality and quantity to meet immediate and long-term needs.

- The People's Committees of the provinces and cities directly under the Central Government, under the guidance of the Government Commission on Organization and Personnel and the Supreme People's Court, are responsible for selecting cadres from their localities for training and refresher training to become Judges of Administrative Courts, and for ensuring the implementation of the norms and quality of the personnel assigned to them.

3. The budget for training and refresher training of Judges of Administrative Courts shall be drawn from the budget source for retraining of public managerial and administration personnel.

To assign the State Planning Committee, the Ministry of Finance and the Government Commission on Organization and Personnel, on the basis of the adjustment of the State budget revenues for 1995, to prepare the budgets for 1995 and the ensuing years of this activity.

4. The Minister-Chairman of the Government Commission on Organization and Personnel is responsible for guiding the Ministries and branches at the central and local levels in the implementation of this Directive. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government and the Presidents of the provinces and cities directly under the Central Government, shall have to implement this Directive.