Vietnam: Will female judges on maternity leave be assigned to deal with sentences?
- Are female judges on maternity leave assigned to deal with sentences in Vietnam?
- Will the quota for settling sentences after maternity leave of female judges be reduced in Vietnam?
- How many methods of the assignment are there to solve the case in Vietnam?
- When is the assignment to deal with the designation? When is the assignment to solve a random case in Vietnam?
Are female judges on maternity leave assigned to deal with sentences in Vietnam?
Pursuant to Article 5 of Circular 01/2022/TT-TANDTC stipulating as follows:
Cases in which judges are not assigned to deal with sentences
At the time of assignment, the Judge in one of the following cases will not be assigned to solve the sentence:
1. In case of refusal to conduct proceedings or changes in accordance with the procedural law for such cases.
2. Being in the period of being seconded, working, training, fostering and training for a period of 01 consecutive month or more.
3. Being on leave, maternity leave, sick treatment leave or for other health reasons unable to perform duties.
4. Being in the period of being disciplined, awaiting disciplinary review or in case of suspension of assignment to settle sentences according to the decision of competent authorities.
5. In other cases, the Judge is unable to perform the task of settling and adjudicating the case.
According to the regulations on cases where judges are not assigned to handle sentences, there are provisions on female judges on maternity leave
As such, female judges on maternity leave are not assigned to deal with sentences.
Vietnam: Will female judges on maternity leave be assigned to deal with sentences?
Will the quota for settling sentences after maternity leave of female judges be reduced in Vietnam?
Pursuant to Article 4 of Circular 01/2022/TT-TANDTC, the criteria for assigning judges are as follows:
Criteria for assigning cases
The assignment of judges to settle sentences must be based on the following criteria:
1. The number and complexity of cases assigned to judges to settle for 01 year at each Court are equivalent.
2. In accordance with the expertise and experience of adjudicating and solving such types of cases. For cases where the participants in the proceedings are minors, the judge shall be assigned who has been trained or experienced in solving cases involving minors or has the necessary knowledge of psychology and educational science for minors.
3. Suitable to the working position and position the Judge is holding.
4. Judges in the Specialized Judges' Group; Judges in specialized courts in which areas will be assigned priority to handle cases in that field.
5. Judges holding leadership and management positions at the People's Courts of high, provincial and district levels shall be assigned to settle sentences according to the criteria prescribed by the Supreme People's Court. Female judges for a period of 03 months before maternity leave and 03 months after the expiration of maternity leave are assigned to solve sentences with a maximum target of 50% compared to other judges.
According to the above provisions, female judges for a period of 03 months before maternity leave and 03 months after the expiration of maternity leave are assigned to solve sentences with a maximum target of 50% compared to other judges.
Thus, female judges after maternity leave within 3 months will be reduced the quota for settling sentences.
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.
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 cases of application of assignment to settle designated judgments as follows:
- 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.
Circular 01/2022/TT-TANDTC will come into force from February 01, 2023.
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