What is criteria for assigning judges to settle cases in Vietnam? What is example of assigning Judges to deal with random cases in Vietnam?

What is criteria for assigning judges to settle cases in Vietnam?

Pursuant to Article 4 of Circular 01/2022/TT-TANDTC regulating the quota for assigning female judges before and after maternity leave as follows:

Criteria for assignment of judgments

The assignment of judges to settle cases must be based on the following criteria:

1. The number and complicated nature of cases assigned to judges to settle within 01 year at each Court are similar.

2. Suitable for expertise and experience in adjudicating and resolving that type of case. For cases involving minors, judges shall be assigned to judges who have been trained or experienced in dealing with minors or have necessary knowledge of the psychology of minors. Physics and educational science for minors.

3. Suitable for the position and position the Judge is holding.

4. Judges in the specialized Judges' Team; Judges in specialized courts in any field will be assigned priority to settle cases in that field.

5. Judges holding leadership and management positions at the High People's Court, provincial and district levels are assigned to resolve cases according to targets prescribed by the Supreme People's Court. Female judges during the period of 03 months before maternity leave and 03 months after the end of maternity leave are assigned to resolve cases with a maximum quota equal to 50% compared to other judges.

Thus, the criteria for assigning judges to resolve cases in Vietnam are as follows:

- The number and complexity of cases assigned to Judges to resolve within 1 year at each Court are equivalent.

- Suitable for expertise and experience in adjudicating and resolving that type of case.

Suitable for the position and position the Judge is holding.

- Judge in the specialized Judge Team; Judges in specialized courts in any field will be assigned priority to settle cases in that field.

- Judges holding leadership and management positions at the High People's Court, provincial and district levels are assigned to resolve cases according to quotas prescribed by the Supreme People's Court.

Female judges during the period of 03 months before maternity leave and 03 months after the end of maternity leave are assigned to resolve cases with a maximum quota equal to 50% compared to other judges.

What are methods of assigning a judge to settle the case in Vietnam?

According to Article 6 of Circular 01/2022/TT-TANDTC, it stipulates the method of assigning judges to resolve cases as follows:

Method of assignment to resolve cases

1. The method of assignment to resolve cases includes assignment to resolve assigned cases and assignment to resolve random cases.

2. The method of assigning assigned verdicts is applied to cases guided in Article 8 of this Circular.

3. The method of random assignment to resolve cases is applied to cases guided in Article 9 of this Circular.

4. The Chief Justice of the Court may authorize the assignment of judgment settlement to the Deputy Chief Justice of the Court to comply with the procedural law, but the Chief Justice of the Court is responsible for inspecting, supervising and taking responsibility before Law on assignment of judgment resolution at your Court.

According to this Article, the method of assignment of judgments includes assignment of assigned judgments and random assignment of settlements in Vietnam.

What is example of assigning Judges to deal with random cases in Vietnam?

In Clause 3, Article 9 of Circular 01/2022/TT-TANDTC, an example of randomly assigning a judge to settle a case is as follows:

Example: The Y District Court has 05 Judges in the List of Judges. Judge A is resolving 10 cases, of which, 03 cases are temporarily suspended, 02 cases are overdue by law; 02 cases were canceled. Judge B is resolving 12 cases, of which, 03 cases are temporarily suspended, no cases are past the legal deadline, and no cases have been canceled or corrected. Judge C is resolving 12 cases, of which, 01 case is temporarily suspended, no cases are past the legal deadline; No cases were cancelled. Judge D is resolving 12 cases, of which, 01 case is temporarily suspended, 01 case is overdue by law, and no case has been canceled or corrected. Judge D is resolving 12 cases, of which, no case is temporarily suspended, 01 case is overdue by law, and 01 case has been canceled.

On December 1, 2022, the Court accepted 09 cases numbered from 01 to 09. The list of Judges is arranged according to the instructions in Clause 2, Article 7 of this Circular as Judges A, B, C, D , DD. The Chief Justice of the Court decides to assign cases to resolve cases randomly in the following order:

- First time: Judge A, case No. 01; Judge B, Case No. 02; Judge C, Case No. 03; Judge D, Case No. 04; Judge DD, Case No. 05.

- Second time: Judge A, case No. 06; Judge B, Case No. 07; Judge C, Case No. 08; Judge D, case number 09.

On December 3, 2022, the Court accepted 11 cases numbered from 10 to 20. The list of Judges is arranged according to the instructions in Clause 2, Article 7 of this Circular as Judges A, DD, B, D , C (because Judge D has one more suspended case). The Chief Justice of the Court shall decide to assign random cases to resolve in the following order:

- 1st time: Judge A, case number 10; Judge DD case number 11; Judge B case number 12; Judge D case number 13; Judge C case number 14.

- Second time: Judge A, case number 15; Judge DD case number 16; Judge B case number 17; Judge D case number 18; Judge C case number 19.

- Third time: Judge A, case number 20.

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