Vietnam: What are the methods to carry out the assignment of judges to solve random sentences? In what order is the list of judges made?
In what order is the list of judges made in Vietnam?
Pursuant to Clause 2, Article 7 of Circular 01/2022/TT-TANDTC on making a list of cases and a list of judges, the order for making a list of judges is as follows:
- Remove Unassigned Judges from the List of Judges;
- Sort Judges in order Judges with fewer cases being resolved than before;
- In case the Judges have an equal number of cases being resolved, the Judge with the number of cases being suspended is higher than the previous one.
- Where the Judges have an equal number of cases being resolved; the number of cases being suspended is equal to that of the Judge with a smaller number of statutory overdue cases;
- In case the judges have an equal number of cases being resolved, the case is suspended, the case is overdue by law, the judges shall be arranged for the number of cases to be canceled or corrected due to important reasons for a period of 01 year from the date of assignment less than before;
- In case the judges have criteria for the number of cases being resolved, the number of cases being suspended, the number of cases canceled or corrected due to important reasons for the same period of 01 year, the judge's name shall be arranged in Vietnamese alphabetical order (A, B, C...);
- In case the Judge refuses to proceed with the proceedings or is changed for a particular case, it must be noted in the List of Judges.
Vietnam: What are the methods to carry out the assignment of judges to solve random sentences? In what order is the list of judges made?
By what methods is the assignment of judges to solve random sentences carried out in Vietnam?
Pursuant to Article 10 of Circular 01/2022/TT-TANDTC stipulating as follows:
The organization assigned to solve random cases
1. The assignment of random case solving is done by manual method or automatic method.
2. At courts that satisfy the conditions on information technology equipment, random assignments shall be carried out by automatic methods under the support of software and electronic devices. In case of assignment to solve sentences automatically via electronic devices, the case list and the list of judges must be handled so that the allocation of judges to solve sentences must be completely automatic and random so that no one can influence the assignment to solve the case.
3. In case the Court does not meet the material conditions for the assignment of random case settlement by automatic method, the assignment of random case settlement by manual method shall be carried out by the judicial administration department, civil servants and court employees according to the decision of the Chief Justice of the Court.
Accordingly, the assignment of random case solving is done by manual method or automatic method.
- Automatic assignment of random sentences at courts that meet the conditions of information technology equipment.
- Manual random case assignment in Court does not qualify the facilities to perform random court assignment by automatic method
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 assigning 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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