What is a Lay Judge? Criteria to Become a Lay Judge According to the Law on the Organization of People's Courts 2024

1. What is a People's Assessor?

According to Article 121 of the Law on Organization of People's Courts 2024, a People's Assessor is a representative of the People who participates in adjudication at the Court.

People's Assessors are individuals who are elected or appointed to participate in adjudicating cases at the People's Court to ensure that adjudication adheres to guidelines, policies, and laws, and to protect the legal rights and interests of the parties involved.

The types of People's Assessors include:

- People's Assessors;- Military Assessors.

2. What are the criteria to become a People's Assessor according to the 2024 Law on Organization of People’s Courts?

Pursuant to Article 122 of the Law on Organization of People's Courts 2024, the criteria to become a People's Assessor are as follows:

(1) The person elected or appointed as a People's Assessor must meet the following standards:

- Be a Vietnamese citizen, loyal to the Nation and the Constitution, with good ethical qualities, robust political stance, reputable in the community, courageous and determined to protect justice, integrity, and honesty;- Be aged between 28 and 70;- Have legal knowledge;- Have social understanding;- Be in good health to complete assigned duties;- Not be under disciplinary decisions such as reprimands, warnings, salary downgrades, demotions; not be subject to disciplinary actions like dismissal, removal from office, or forced resignation;- Not be under criminal prosecution or already convicted by a legally effective court judgment;- Not be previously dismissed from the position of People's Assessor.

(2) The person elected as a People's Assessor in a specialized preliminary People's Court must meet the following standards:

- Standards prescribed in item (1);- Have expertise and work experience in the field within the jurisdiction of the specialized preliminary People's Court.

Additionally, the following individuals are prohibited from serving as People's Assessors (as defined in Article 123 of the Law on Organization of People's Courts 2024):

- Individuals currently holding judicial titles, officials, and public employees, and workers in courts, Prosecutor's offices, police agencies, enforcement agencies, or agencies authorized to conduct certain investigative activities as prescribed by law;- Lawyers;- Notaries;- Bailiffs;- Legal aid assistants.

3. What are the duties and authorities of a People's Assessor?

The duties and authorities of People's Assessors are as follows:

- People's Assessors perform adjudication duties in cases under the jurisdiction of the People's Court as assigned by the Chief Justice of the Court where they are elected as People's Assessors; for People's Assessors in specialized preliminary People's Courts, the assignments come from the Chief Justice of the specialized preliminary People's Court.- Military Assessors perform adjudication duties in cases under the jurisdiction of the Military Court as assigned by the Chief Justice of the Court where they are appointed as Military Assessors.- People's Assessors have the obligation to execute tasks assigned by the Chief Justice and must clearly state reasons if unable to fulfill the duties.- If not assigned adjudication duties by the Chief Justice within six months, People's Assessors have the right to request an explanation from the Chief Justice.- When adjudicating, People's Assessors exercise their duties and authorities as prescribed by law.

(As prescribed in Article 125 of the Law on Organization of People's Courts 2024)

4. Regimes and policies for People's Assessors

According to Article 130 of the Law on Organization of People's Courts 2024, the regimes and policies for People's Assessors are as follows:

- People's Assessors receive training and professional development, and participate in adjudication review conferences organized by the Court.The Supreme People's Court shall develop unified nationwide programs, plans, and training materials for the professional development of People's Assessors; organize regular and thematic training for People's Assessors as prescribed and based on actual demand.- People's Assessors who are officials and public employees, active-duty military personnel, and defense employees will have their time serving as People's Assessors counted as working time at their respective agencies or units. When participating in court activities, they are reimbursed for related expenses according to legal provisions.- People's Assessors are honored and rewarded according to the law on emulation and commendation and the provisions of the Supreme People's Court.- The allowance regime for People's Assessors when participating in adjudication is prescribed by the Standing Committee of the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court.- People's Assessors are provided with uniforms for adjudicating duties. The uniform model for People's Assessors is prescribed by the Standing Committee of the National Assembly upon the proposal of the Chief Justice of the Supreme People's Court. The issuance and usage of People's Assessor uniforms are regulated by the Chief Justice of the Supreme People's Court.

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