Is it permissible for people possessing a bachelor degree in law to work as judges in Vietnam?

Is it permissible for people possessing a bachelor degree in law to work as judges in Vietnam?

Pursuant to Article 65 of the Law on Organization of People's Courts in 2014 stipulating duties and powers of judges in Vietnam as follows:

1. Judges are persons who fully meet the conditions and criteria prescribed by this Law and appointed by the President to perform the adjudicating duty.

2. Judges shall perform the duties and exercise the powers prescribed in Article 2 of this Law and relevant laws.

Pursuant to Article 67 of the Law on Organization of People's Courts in 2014 stipulating judge criteria 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.

As regulations above, in order to become a judge in Vietnam, a person shall be a Vietnamese citizen, possess a bachelor or higher degree in law, having been professionally trained in adjudication, having been engaged in practical legal work for a certain period of time and be physically fit to fulfill assigned duties.

What is the salary of the a judge at the district level in Vietnam?

Pursuant to The professional salary table of the court and the procuracy promulgated together with the Resolution 730/2004/NQ-UBTVQH11, the salary coefficient applicable to judges of the district-level People's Court is as follows:

Note:

1. Subjects of application of the professional salary list of the court and procuracies are as follows:

- Class A3 includes: Judges of the Supreme People's Court, Senior examiners: Procurators of the People's Procuracy, senior investigators, senior investigators.

- Class A2 includes: Judge of the People's Court of the province, Principal examiner: Procurator of the People's Procuracy of the province, main examiner, intermediate investigator.

- Class A1 includes: Judges of district-level People's Courts, Verifiers, Court Clerks: Procurators of district-level People's Procuracy, inspectors, and primary investigators.

According to Article 3 of the Circular 79/2019/TT-BQP stipulating how to calculate the base salary for the subjects who are receiving salary as follows:

1. Base salary: 1,490,000 VND/month.

2. Calculation of salaries, military rank allowances, reserve differential coefficients and allowances and allowances of the subjects specified in Article 2 of this Circular is as follows:

a) Salary

...

Above are the provisions of the law on the salary of judges of the district-level People's Court.

Depending on the professional level, the salary of the Judge of the District People's Court can range from 3,486,600 VND (with a salary coefficient of 2.34) to 7,420,200 VND (with a salary coefficient of 4.98).

What are conditions for appointment of primary-level judges, intermediate-level judges and high-level judges in Vietnam?

Pursuant to Article 68 of the Law on Organization of People's Courts in 2014 stipulating conditions for appointment of primary-level judges, intermediate-level judges and high-level judges in Vietnam 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.

Above are conditions for appointment of primary-level judges, intermediate-level judges and high-level judges in Vietnam.

Best regards!