Does refusal to request for replacement of Judges in Vietnam have to be made in writing? What are cases of replacing Judges in Vietnam?
Does refusal to request for replacement of Judges in Vietnam have to be made in writing? What are cases of replacing Judges in Vietnam?
I'm authorized and have a request for replacement of Judges in my attorney's civil dispute, but I would like to know if I refuse, will the Court respond to me in writing? Please advise.
Does refusal to request for replacement of Judges in Vietnam have to be made in writing?
Pursuant to Article 55 of the 2015 Civil Procedure Code stipulates Procedures for refusal to conduct the civil proceedings and procedures for request for replacement of Judges, People’s Jurors, Ombudspersons, Court clerks as follows:
1. The refusal to conduct the civil proceedings and the request for the replacement of the Judges, People’s Jurors, Ombudspersons, Court clerks before the opening of Court sessions/meetings must be made in writing, clearly stating the reason(s) and grounds therefor.
2. The refusal to conduct the civil proceedings and the request for the replacement of persons specified in clause 1 of this Article in Court sessions/meetings must be recorded in the minutes of the meetings.
Thus, according to current regulations in Vietnam, the refusal to request for replacement of Judges in Vietnam before the opening of Court sessions must be made in writing. If refused at the court sessions, it must be recorded in the minutes of the meetings.
What are cases of replacing Judges in Vietnam?
According to Clause 1, Article 53 of the 2015 Civil Procedure Code, regulations on replacing Judges or People’s Jurors:
Judges and/or People’s Jurors must refuse to conduct the civil procedures or be replaced in the following cases:
1. In one of the cases prescribed in Article 52 of this Code;
In addition, Article 52 of the 2015 Civil Procedure Code also stipulates cases where proceeding officers must refuse to conduct the procedures or be replaced:
The proceeding officers must refuse to conduct the procedures or be replaced in the following cases:
1. They are concurrently the involved parties, the representatives or relatives of the involved parties;
2. They have participated in the proceedings in the capacity as defense counsels of the legitimate rights and interests of involved parties, witnesses, expert-witnesses or interpreters in the same case;
3. There are clear grounds to believe that they may not be impartial in performing their tasks.
According to this Article, in order to change a judge, the judge must fall into one of the cases specified above in Vietnam.
Best Regards!
