What are the regulations on the 07 moral standards of judges in Vietnam? What is the code of conduct of judges when performing the duties?
What are the regulations on the 07 moral standards of judges in Vietnam?
Moral standards of judges are prescribed in Chapter 2 of the Code of Ethics and Conduct of Judges in Vietnam issued together with Decision 87/QD-HDTC in 2018, specifically as follows:
(1) Independence:
- In the course of settling the case, the judge makes his own decisions on the basis of his assessment of the facts of the case and evidences and only obeys the law; preserve professional courage to not be affected by any interference.
- Judges must be independent from members of the Trial Panel; independent from other proceedings; independent of factors affecting from inside and outside the Court.
- Judges must not interfere in the proceedings of members of the Trial Panel and other procedure-conducting persons.
(2) Integrity:
- Judges must be integrity, clean, straightforward and honest.
- Judges must not take advantage of their positions to seek benefits for themselves or for others; not allow family members, court officials and civil servants under their management to ask for or receive money, property, or other benefits from anyone for reasons related to the work that the Judge handle.
- Judges must publicize personal income as prescribed by law.
(3) Impartiality and objectivity:
- Judges must be impartial and objective; perform the duties properly, not for personal gain, without favoring any party in the case.
- Judges must base themselves on documents and evidences that have been publicly examined at the court hearing, the results of the litigation at the court hearing, the provisions of law, custom, similarity of law, and basic principles. of the law, case law, justice to solve all the problems of the case.
- The judge must not make any statements or comments at the court hearing, meeting, in public or in the media that affect the impartial and objective settlement of the case.
(4) Fairness and equality:
Judges have the responsibility to ensure fairness and equality so that procedure participants can fully exercise their rights and perform their obligations during the settlement of cases at the Court.
- In the process of settling the case, the Judge must not and will not allow acts of inequality, discriminating against ethnicity, gender, belief, religion, social class, education level, occupation. , social status, form of ownership and economic composition of individuals and legal entities.
(5) Correctness:
- In all of their activities, judges must behave properly, politely and cautiously; maintain order and dignity during the proceedings; always show patience and kindness towards the accused, litigants and other participants in the proceedings.
- At court hearings, meetings or in procedural documents, judges must not make statements that offend others.
(6) Devotion and without delay:
- Judges must be dedicated to their work and devote themselves to the performance of judicial duties in order to quickly resolve the assigned cases.
- When dealing with cases, judges must absolutely comply with the provisions of the law, do not let the cases exceed the statutory deadline for subjective reasons.
(7) Competence and diligence:
- Judges must regularly study, practice and accumulate experience to improve their legal knowledge, professional qualifications, adjudication skills, professional bravery and professional abilities.
- Judges must always update themselves with information to fully, timely and deeply grasp the development of the law, important issues of domestic and international political, economic and social life, support for the most correct application of the law, in accordance with reason.
- Judges must diligently perform their assigned tasks; Actively working with the spirit of “doing all the work, not just working until the end of working time”.
What are the regulations on the 07 moral standards of judges in Vietnam? What is the code of conduct of judges when performing the duties?
What is the code of conduct of judges when performing the duties?
Pursuant to Article 10 of the Code of Ethics and Conduct of Judges issued together with Decision 87/QD-HDTC in 2018 as follows:
- What Judges must do:
+ To handle the assigned cases in accordance with the provisions of law;
+ Ensuring democracy, rigor and objectivity in handling cases; listen to and respect the opinions of procedure-conducting persons and procedure participants;
+ Explain, guide and create favorable conditions for procedure-conducting persons and procedure participants to properly perform their rights and obligations in accordance with law;
+ Contact with agencies, organizations and individuals related to the case that they are competent to settle in the right place;
+ Refuse to conduct legal proceedings in accordance with the law;
+ Detecting and recommending to competent agencies to consider amending, supplementing or canceling legal documents that are contrary to the Constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the Standing Committee National Assembly to ensure the legitimate rights and interests of agencies, organizations and individuals.
- What Judges can't do:
+ Things that are not allowed to do by law;
+ Counseling the accused, defendants, litigants and other procedure participants to make the settlement of the case not in accordance with the provisions of law;
+ Illegally intervening in the settlement of the case or taking advantage of his or her influence to influence the person responsible for the settlement of the case;
+ Take the case file or the document in the case file out of the agency, if it is not because of the assigned task or without the consent of the competent person;
+ Contacting the accused, defendants, litigants or other procedure participants in cases that they have the authority to settle at the wrong places;
+ Harassing, delaying, causing difficulties and troubles to people, the accused, defendants, involved parties, other procedure participants and procedure-conducting persons;
+ Pursuing and suggesting to the accused, defendants, litigants, other procedure participants and procedure-conducting persons to provide documents, declare and present facts unbiased and truthful;
+ Disclosing state secrets, work secrets of themselves, officials and civil servants of the Court and other relevant agencies;
+ Disclosing professional secrets, business secrets, personal secrets, family secrets of the accused, defendants, involved parties and other procedure participants, unless otherwise provided for by law.
What is the code of conduct for activities outside the adjudicating duties of the Judge?
The code of conduct for activities outside the adjudicating duties of the Judge is prescribed in Article 17 of the Code of Ethics and Conduct of Judges in Vietnam issued together with Decision 87/QD-HDTC in 2018 as follows:
- Judges must prioritize the use of working time to perform adjudicating duties.
- Judges may write newspapers, write books, do scientific research, teach or do other income-generating activities as prescribed by law, except for things that may affect the judge's moral values.
Nguyễn Thị Hồng Nhung
