What are the conditions for a Level 1 People's Court Judge of Vietnam? How to promote a Level 1 People's Court Judge of Vietnam to level 2?
What are the conditions for a Level 1 People's Court Judge of Vietnam?
Based on Article 2 of Resolution 67/2025/UBTVQH15 Download, the conditions for a Level 1 People's Court Judge of Vietnam are stipulated as follows:
(1) The appointee to the position of People's Court Judge of Vietnam as stipulated in Clause 1, Article 95 of the Law on Organization of People's Courts 2024 must have the capability to adjudicate, resolve cases, and matters under the jurisdiction of a people's court at the district, urban district, district-level town, provincial city, city of a central-affiliated city (hereinafter referred to as a district-level people's court) or a regional military court;
(2) A People's Court Judge of Vietnam working at the Supreme People's Court must meet the conditions outlined in (1) above; and have the competence to perform duties and exercise powers as stipulated in Clauses 2 and 3, Article 93 of the Law on Organization of People's Courts 2024. To specify:
- Judges at the Supreme People's Court have the following duties and powers:
+ Review and decide on acceptance of petitions for cassation review, retrial as assigned by the Chief Justice of the Supreme People's Court;
+ Propose to the Chief Justice of the Supreme People's Court, Judges of the Supreme People's Court regarding handling documents requesting, recommending, petitioning for cassation review, retrial;
+ Examine and assess documents and evidence as stipulated by law;
+ Develop reports and draft conclusions for examining case files, documents, and evidence of cases where the judgments and decisions of the court have come into legal effect, and present to the Judges of the Supreme People's Court, Chief Justice of the Supreme People's Court, and the Council of Judges of the Supreme People's Court;
+ Propose that the Chief Justice of the Supreme People's Court resolve complaints in legal proceedings as regulated by procedural law;
+ Propose that the Chief Justice of the Supreme People's Court perform duties and powers in death penalty enforcement and amnesty work as prescribed by law;
+ Suggest that the Chief Justice of the Supreme People's Court and the Council of Judges of the Supreme People's Court develop case law for judgments and decisions of the court that have come into legal effect;
+ Propose content to draw experience, ensure uniform application of the law in the practice of adjudicating, handling cases, and matters;
+ Carry out adjudicating and case management duties at another court as determined by the Chief Justice of the Supreme People's Court.
- Perform other duties and powers as assigned by the Chief Justice and as stipulated by law.
(3) The appointee to the position of People's Court Judge of Vietnam as prescribed in Point a, Clause 2, Article 95 of the Law on Organization of People's Courts 2024, must be seconded by a competent agency or organization to assume the role of Deputy Chief Justice of a district-level people's court or Deputy Chief Justice of a regional military court.
What are the conditions for a Level 1 People's Court Judge of Vietnam? How to upgrade a Level 1 People's Court Judge of Vietnam to level 2? (Image from the Internet)
How to upgrade a Level 1 People's Court Judge of Vietnam to level 2?
Based on Article 5 of Resolution 67/2025/UBTVQH15 Download, the criteria for upgrading a Level 1 People's Court Judge of Vietnam to Level 2 are as follows:
(1) A person appointed as Chief Justice of a district-level people's court or Chief Justice of a regional military court may be considered for promotion to a Level 2 People's Court Judge of Vietnam as stipulated in Clause 4, Article 3 of Resolution 67/2025/UBTVQH15 Download. Specifically:
A Level 1 People's Court Judge of Vietnam appointed as Chief Justice of a district-level people's court or Chief Justice of a regional military court must have the competence to adjudicate, resolve cases within the jurisdiction of the provincial-level people's court, special first-instance people's court, or regional military court of army regions and equivalents;
(2) A Level 1 People's Court Judge of Vietnam may be considered for promotion to Level 2 if, during the 5 consecutive years immediately before the year of consideration for promotion, they ensure the quality of adjudicating, resolving cases in compliance with the Chief Justice of the Supreme People's Court's regulations, and are assessed and classified at a level of good task performance or higher, including at least 1 year evaluated and classified at the level of excellent task performance.
(3) In the case outlined in section 2, if the number of individuals qualified for promotion exceeds the allocated number and structural ratio of People's Court Judge of Vietnam levels, the promotion consideration is undertaken in the following order:
- Those holding leadership, management positions: Deputy Chief Justice of a district-level people's court, Deputy Chief Justice of a regional military court;
- Those with higher commendation achievements in public service activities; if equal, consider those with more commendation achievements while holding level 1;
- Those with higher emulation achievements in public service activities; if equal, consider those with more emulation achievements while holding level 1;
- Female People's Court Judge of Vietnams;
- People's Court Judge of Vietnams from ethnic minorities;
- Older People's Court Judge of Vietnams (calculated by day, month, year of birth);
- People's Court Judge of Vietnams with more working experience.
If it is still not possible to determine the individual eligible for promotion, the Chief Justice of the Supreme People's Court will review and decide.
Does a judge have the power to review petitions for exemption from court fee prepayments in Vietnam?
Based on Clause 1, Article 16 of Resolution 326/2016/UBTVQH14, it is regulated as follows:
Authority for exemption, reduction of court fee prepayments, and court fees
- Before accepting a civil case, the judge assigned by the Chief Justice of the Court has the authority to review the petition for exemption, reduction of court fee prepayments.
- The judge assigned by the Chief Justice of the court of first instance has the authority to review the petition for exemption, reduction of appellate fee prepayments.
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According to the above regulations, before accepting a civil case, the judge assigned by the Chief Justice of the Court has the authority to review the petition for exemption or reduction of court fee prepayments.
