Vietnam: In what order does the judge assign a judge to solve the sentence by random means?
How many methods of the assignment are there to solve the case in Vietnam?
Pursuant to Article 6 of Circular 01/2022/TT-TANDTC stipulating as follows:
Method of assignment to solve the case
1. The method of assigning to solve a sentence includes the assignment of solving the appointed sentence and the assignment of solving the case randomly.
2. The method of assigning the settlement of the appointed sentence shall be applied to the cases guided in Article 8 of this Circular.
3. The method of assigning random case settlement shall be applied to cases guided in Article 9 of this Circular.
4. The Chief Justice of the Court may authorize the assignment of the court to the Deputy Chief Justice of the Court in accordance with the procedural law, but the Chief Justice of the Court shall have to inspect, supervise and take responsibility before law for the assignment of court settlement at his/her Court.
Accordingly, there are 2 methods of assigning to solve the case:
- Assignment of designated court
- Assign random case solving.
Vietnam: In what order does the judge assign a judge to solve the sentence by random means?
When is the assignment to deal with the designation? When is the assignment to solve a random case in Vietnam?
Pursuant to article 8 of Circular 01/2022/TT-TANDTC stipulating the following cases of application of assignment to settle designated judgments:
- Assign judges to handle sentences according to first-instance and appellate procedures when in one of the following cases:
+ Complex criminal cases related to the requirements of fighting against corruption and negativity;
+ Cases related to the protection of public interests and interests of the State; Politics, foreign affairs, security, religion, ethnicity, personnel and intellectuals are of particular interest to public opinion.
- Assign judges to be members of the First Instance and Appellate Tribunals.
- Assign a judge to handle an application for a director of trial and retrial for a case where the time limit for appeal according to the procedure of the director of trial and retrial is less than 01 month as prescribed by law or other special cases as decided by the Chief Judge of the Court.
- Assignment to settle the case in case the assigned Judge refuses to proceed with the proceedings or is changed; cannot continue to settle and adjudicate in accordance with the time limit prescribed by law for objective reasons
Pursuant to Clause 1, Article 9 of Circular 01/2022/TT-TANDTC stipulates as follows:
Assignment of random case solving
1. Cases that do not fall into the case of assignment to settle a designated sentence must be assigned to settle a random case according to the instructions in Clauses 2 and 3 of this Article.
Accordingly, in case the case does not fall into the case of assignment to solve the appointed sentence, it must be assigned to solve the case randomly.
In what order must the judge solve the sentence by random method in Vietnam?
Pursuant to Article 9 of Circular 01/2022/TT-TANDTC, the order of assignment of judges to settle sentences by random means is as follows:
- Based on the List of Judges and the List of cases as instructed in Article 7 of Circular 01/2022/TT-TANDTC, at each assignment, the Chief Justice of the Court decides to assign the Judge to solve the case by random method in the following order until the list of cases expires:
+ Judges with a smaller number of pending cases will be assigned first;
+ In case judges have an equal number of cases being resolved, assign judges with more cases that are temporarily suspended than before;
+ In case the Judges have an equal number of cases being resolved; the number of cases being suspended is equal, the number of cases being suspended shall be assigned to the Judge with a smaller number of cases overdue than before;
+ In case the judges have an equal number of cases being settled, the case is temporarily suspended, the case is overdue by law, the judge shall be assigned to the judge whose number of cases are canceled or corrected due to subjective reasons within 01 year from the date of assignment less than before;
+ In case the judges have equal criteria in the above-mentioned regulations, they shall assign the judges whose names are first in the Vietnamese alphabet;
+ In case the judge assigned to handle the case refuses to conduct proceedings or changes in accordance with the procedural law for that case, the next case must be assigned in the case list.
- The next assignment of sentences, based on the list of judges who have been updated to the time of assignment to continue assigning sentences by random method according to the instructions in Clause 2 Article 9 of Circular 01/2022/TT-TANDTC
Circular 01/2022/TT-TANDTC will come into force from February 01, 2023.
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