Do I have to obtain a bachelor degree in law to be a judge in Vietnam?

Do I have to obtain a bachelor degree in law to be a judge in Vietnam?

Pursuant to Article 67 of the Law on Organization of People's Courts 2014, the criteria for judges are as follows:

1. Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has good ethical qualities, firm political stance, courage and resolve to safeguard justice, and is incorrupt and honest.

2. Possessing a bachelor or higher degree in law.

3. Having been professionally trained in adjudication.

4. Having been engaged in practical legal work for a certain period of time.

5. Being physically fit to fulfill assigned duties.

Thus, in order to be a judge, one must have a bachelor degree in law and must meet other conditions specified above. Therefore, studying other fields of law is not eligible to be a judge in Vietnam.

How many years of legal work experience do I need to have to be appointed as a primary-level judge in Vietnam?

According to Article 68 of the Law on Organization of People's Courts 2014, conditions for appointment of primary-level judges, intermediate-level judges and high-level judges are as follows:

1. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a primary-level judge; if being an in-service army officer, he/she may be selected and appointed as a primary-level judge of a military court:

a/ Having been engaged in legal work for at least 5 years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

c/ Having passed a primary-level judge selection examination.

2. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

a/ Having worked as a primary-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

c/ Having passed an examination for judge promotion to intermediate level.

3. In case due to the personnel demand of a people’s court, a person who has not yet attained the primary-level judge rank but fully meets the following criteria and conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

a/ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;

b/ Having been engaged in legal work for at least 13 years;

c/ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

d/ Having passed an intermediate-level judge selection examination.

4. A person who fully meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

a/ Having worked as an intermediate-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

c/ Having passed an examination for judge promotion to high-level rank.

5. In case due to the personnel demand of a people’s court, a person who has not yet attained the intermediate-level judge rank but fully meets the following criteria and conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

a/ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;

b/ Having been engaged in legal work for at least 18 years;

c/ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

d/ Having passed a high-level judge selection examination.

6. In special cases, persons who are transferred by competent agencies or organizations to hold leading positions in superior people’s courts or people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities or the equivalent and folly meet the criteria prescribed in Article 67 of this Law and the conditions prescribed at Point b, Clause 1; Point b, Clause 2; Point c, Clause 3; and Point b, Clause 4 of this Article though having not yet been engaged in legal work for the prescribed period of time may be selected and appointed as primary-level, intermediate-level or high-level judges. If these persons are in-service army officers, they may be selected and appointed as primary-level, intermediate- level or high-level judges of military courts.

According to this Article, in order to be appointed as a primary-level judge, it is necessary to have been engaged in legal work for at least 5 years and meet other requirements specified above in Vietnam.

What are conditions for appointment as judges of the Supreme People’s Court in Vietnam?

Article 69 of the Law on Organization of the People's Court 2014 stipulates conditions for appointment as judges of the Supreme People’s Court as follows:

1. A person who folly meets the criteria prescribed in Article 67 of this Law and the following conditions may be selected and appointed as a judge of the Supreme People’s Court:

a/ Having worked as a high-level judge for at least 5 full years;

b/ Being capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law.

2. Persons who do not work in courts but hold important positions in central agencies or organizations, are deeply knowledgeable about politics, law, economics, culture, society, security, national defense and diplomacy or leading legal experts or scientists, hold important positions in agencies or organizations, have high reputation in society, and are capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law may be selected and appointed as judges of the Supreme People’s Court.

Thus, in order to be selected and appointed as judges of the Supreme People’s Court in Vietnam, it is necessary to meet the following requirements: 

- Having worked as a high-level judge for at least 5 full years; 

- Being capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court.

Best Regards!