Conditions for the appointment of judges of the People's Court in Vietnam from January 01, 2025

Conditions for the appointment of judges of the People's Court in Vietnam from January 01, 2025 (Image from the Internet)

On June 24, 2024, the National Assembly promulgated the Law on Organization of the People's Courts 2024.

Standards for judges of the People's Court in Vietnam from January 1, 2025

According to Article 95 of the Law on Organization of the People's Courts 2024, the standards for judges of the People's Court are as follows:

- Vietnamese citizen, loyal to the Fatherland and the Constitution of 2013, of good moral character, with firm political stance, courage, and determination to protect justice, integrity, and honesty.

- Aged from 28 years or older.

- Holds a bachelor's degree in law or higher.

- Has been trained in adjudication.

- Has experience working in the field of law.

- Has the health to fulfill assigned tasks.

Conditions for the appointment of judges of the People's Court in Vietnam from January 01, 2025

According to Article 95 of the Law on Organization of the People's Courts 2024, the conditions for appointment of Judges of the People's Court are as follows:

- A person who meets the standards in Article 94 of the Law on Organization of the People's Courts 2024 and has the following conditions can be selected and appointed as a Judge of the People's Court; for active duty military officers, they can be selected and appointed as Judges of the People's Court in military courts:

+ Has at least 5 years of experience working in the field of law and the ability to adjudicate and resolve cases within the court's jurisdiction as prescribed by law;

+ Passed the judge selection exam of the People's Court.

- In special cases, a person meeting the standards specified in points 1, 3, 5, and 6 of Article 94 of the Law on Organization of the People's Courts 2024 can be appointed as a Judge of the People's Court; for active duty military officers, they can be selected and appointed as Judges of the People's Court in military courts in the following cases:

+ Has at least 10 years of experience working in the field of law, assigned by competent authorities to assume leadership positions in district-level People's Courts, regional military courts;

+ Has at least 15 years of experience working in the field of law, assigned by competent authorities to assume leadership positions in provincial People's Courts, high-level People's Courts, specialized trial courts, military courts at the military region level and equivalent, the Central Military Court.

Conditions for appointment of Judges of the Supreme People's Court in Vietnam from January 1, 2025

According to Article 96 of the Law on Organization of the People's Courts 2024, the conditions for appointment of Judges of the Supreme People's Court in Vietnam are as follows:

- A person who meets the standards specified in points 1, 3, 5, and 6 of Article 94 of the Law on Organization of the People's Courts 2024 and has the following conditions can be selected and appointed as a Judge of the Supreme People's Court:

+ Aged from 45 years or older;

+ At least 20 years working at courts, of which at least 10 years as a Judge of the People's Court. Special cases as decided by competent authorities but must have at least 5 years as a Judge of the People's Court;

+ Has the ability to adjudicate, resolve cases, and handle other matters within the jurisdiction of the Supreme People's Court as prescribed by law.

- A person not working at the courts but with high social prestige, meeting the standards in points 1 and 6 of Article 94 of the Law on Organization of the People's Courts 2024 and the appointment conditions specified in points a and c of clause 1 of Article 96 of the Law on Organization of the People's Courts 2024, ensuring the procedural requirements, can be selected and appointed as a Judge of the Supreme People's Court in the following cases:

+ Holds significant positions in central agencies or organizations with in-depth knowledge of politics, law, economics, culture, society, security, defense, and diplomacy;

+ Experts, lawyers, university lecturers, and scholars with high legal qualifications, holding significant positions in political organizations, socio-political organizations, socio-political-professional organizations, and socio-professional organizations.

- The number of Judges of the Supreme People's Court selected and appointed according to clause 2 of Article 96 of the Law on Organization of the People's Courts 2024 shall not exceed 2 persons.

See more Law on Organization of the People's Courts 2024 effective from January 1, 2025.

The Law on Organization of the People's Courts 2014 shall cease to be effective in Vietnam from the effective date of the Law on Organization of the People's Courts 2024, except as provided in clause 1 and clause 2 of Article 152 of the Law on Organization of the People's Courts 2024.

To Quoc Trinh

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