Cases of assigning a judge to handle the appointed judgment in Vietnam

The Supreme People's Court of Vietnam promulgated Circular 01/2022/TT-TANDTC dated December 15, 2022 providing for the assignment of jurisdiction to settle and adjudicate cases and cases within the Court's jurisdiction.

Thus, the provisions on the assignment of judges to handle the cases are as follows:

1. 02 methods of assignment of judgments in Vietnam

Article 6 of Circular 01/2022/TT-TANDTC stipulates the method of assignment of judgments, including: assignment of assigned judgments and random assignment of judgments.

- The method of assignment of appointment to settle judgments shall be applied to cases guided in Article 8 of Circular 01/2022/TT-TANDTC.

- The method of random assignment of judgments is applied to cases guided in Article 9 of Circular 01/2022/TT-TANDTC.

- 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 provisions of the procedural law, but the Chief Justice of the Court shall inspect, supervise, and take responsibility before the law for the assignment of judgment settlement at his Court.

Cases of assigning a judge to handle the appointed judgment in Vietnam (Internet image)

2. Cases of assigning a judge to handle the appointed judgment in Vietnam

According to Article 8 of Circular 01/2022/TT-TANDTC, the assignment of judgment settlement is applicable in the following cases:

- Assign judges to handle judgments according to first-instance or appellate procedures in one of the following cases:

+ Complicated criminal cases related to anti-corruption and anti-corruption requirements;

+ Cases related to the protection of public interests and the interests of the State; Politics, foreign affairs, security, religion, ethnic groups, people, and intellectuals have received special attention from public opinion.

- Appoint judges to first-instance and appellate trial panels.

- Assign judges to handle cassation or reopening procedures applications when the time limit for protesting under cassation or reopening procedures is less than one month as prescribed by law, or in other special cases as decided by the Chief Justice of the Court.

- Assign judgment settlement in the event of a change of judge, as governed by Article 11 of Circular 01/2022/TT-TANDTC.

3. Criteria for assignment of judgments in Vietnam

The assignment of judges to settle cases must be based on the criteria specified in Article 4 of Circular 01/2022/TT-TANDTC, including:

- The number and complexity of cases assigned to judges to settle within 01 year at each Court are similar.

- Be suitable with expertise and experience in adjudicating and dealing with that type of case. In the case of a juvenile procedure participant, the judge who has been trained or experienced in dealing with juvenile cases or has the necessary knowledge in psychology and educational science for juveniles shall be assigned.

- Suitable for the position and position the Judge is currently in charge of.

- Judges in the group of full-time judges; 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 superior, provincial, and district people's courts are assigned to settle cases according to the quotas set by the Supreme People's Court.

Female judges within 3 months before taking maternity leave and 03 months after the end of the maternity leave period are assigned to settle cases with a maximum quota equal to 50% of other judges.

More details can be found in Circular 01/2022/TT-TANDTC effective from February 1, 2023.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE