Vietnam: May judges conduct administrative procedures if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made?

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• Vietnam: May judges conduct administrative procedures if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made?
• What are the procedures for refusing to conduct procedures or requesting the change of judges in administrative cases in Vietnam?
• Who has the power to change the chief justice of the court in Vietnam?

Vietnam: May judges conduct administrative procedures if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made?

Pursuant to the provisions of Clause 3, Article 46 of the Law on Administrative Procedures 2015 on cases in which judges or people’s assessors shall refuse to conduct procedures or be changed:

Cases in which judges or people’s assessors shall refuse to conduct procedures or be changed

Judges or people’s assessors shall refuse to conduct procedures or be changed in any of the following cases:

1. They fall into one of the cases specified in Article 45 of this Law;

2. They are members of the same trial panel and relatives; in this case, only one of them may conduct procedures;

3. They have participated in the settlement of an administrative case according to first- instance, appellate, cassation or reopening procedures on which a first-instance judgment, an appellate judgment or ruling, a cassation or reopening ruling and a decision to terminate the settlement of the case or a decision to recognize successful dialogue results have been made, unless they are members of the Judicial Council of the Supreme People’s Court or the judicial committee of a superior people’s court who are allowed to participate in trying such case according to cassation or reopening procedures;

4. They have conducted procedures in the same case in the capacity as verifiers, court clerks, procurators or examiners.

Judges shall refuse to conduct procedures or be changed if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made.

Therefore, Judges shall not conduct administrative procedures if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made.

Vietnam: May judges conduct administrative procedures if they have participated in the settlement of the administrative case according to first- instance on which a first-instance judgment have been made? (Image from the Internet)

What are the procedures for refusing to conduct procedures or requesting the change of judges in administrative cases in Vietnam?

Pursuant to the provisions of Article 48 of the Law on Administrative Procedures 2015 on procedures for refusing to conduct procedures or requesting the change of judges, people’s assessors, verifiers or court clerks:

Procedures for refusing to conduct procedures or requesting the change of judges, people’s assessors, verifiers or court clerks

1. The refusal to conduct procedures or request for change of a judge, people’s assessor, verifier or court clerk before the opening of a court hearing must be made in writing, clearly stating the reason and ground for the refusal or request.

2. The refusal to conduct procedures or request for change of a person specified in Clause I of this Article at a court hearing shall be recorded in the hearing minutes.

Thus, the procedures for refusing to conduct procedures or requesting the change of judges in administrative cases are as follows:

- The refusal to conduct procedures or request for change of a judge before the opening of a court hearing must be made in writing, clearly stating the reason and ground for the refusal or request.

- The refusal to conduct procedures or request for change of a person specified in Clause I of this Article at a court hearing shall be recorded in the hearing minutes.

Who has the power to change the chief justice of the court in Vietnam?

Pursuant to the provisions of Clauses 1 Article 49 of the Law on Administrative Procedures 2015 on decisions on change of judges, people’s assessors, verifiers or court clerks:

Decisions on change of judges, people’s assessors, verifiers or court clerks

1. Before the opening of a court hearing, the change of a judge, people’s assessor, verifier or court clerk shall be decided by the chief justice of the court.

In case a judge requested to be changed is the chief justice of the court:

a/ The change of a judge being the chief justice of a district-level court shall be decided by the chief justice of a provincial-level court;

b/ The change of a judge being the chief justice of a provincial-level court shall be decided by the chief justice of a superior court having the territorial jurisdiction over such provincial- level court;

c/ The change of a judge being the chief justice of a superior court shall be decided by the Chief Justice of the Supreme People's Court.

2. During a court hearing, the change of a judge, people’s assessor or court clerk shall be decided by the trial panel after hearing opinions of the person requested to be changed. The trial panel shall discuss the change in the deliberation room and make a decision by majority. In case a judge, people’s assessor or court clerk must be changed without any alternative one for immediate replacement, the trial panel shall issue a decision to postpone the court hearing. The chief justice of the court shall decide to appoint a new judge, people’s assessor or court clerk. If the changed person is the chief justice of the court, the competence to decide on appointment must comply with Clause 1 of this Article.

3. Within 5 working days after the court hearing is postponed, the chief justice of the court shall appoint a person in replacement of the changed one.

In case a judge requested to be changed is the chief justice of the court:

- The change of a judge being the chief justice of a district-level court shall be decided by the chief justice of a provincial-level court;

- The change of a judge being the chief justice of a provincial-level court shall be decided by the chief justice of a superior court having the territorial jurisdiction over such provincial- level court;

- The change of a judge being the chief justice of a superior court shall be decided by the Chief Justice of the Supreme People's Court.