A judge is a person who meets the conditions and standards according to the provisions of the Law on Organization of People’s Courts 2014 of Vietnam and is appointed by the President to perform judicial duties. So what are the specific regulations on conditions for appointment and criteria of judges?
1. Judge ranks
According to Article 66 of the Law on Organization of People’s Courts 2014 of Vietnam, judges of people’s courts include:
- Judges of the Supreme People’s Court;
- High-level judges;
- Intermediate-level judges;
- Primary-level judges.
The numbers of high-level judges, intermediate-level and primary-level judges and proportions of judge ranks at each court level shall be decided by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.
2. Judge criteria
According to Article 67 of the Law on Organization of People’s Courts 2014 of Vietnam, criteria for appointing judges include:
- 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.
- Possessing 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.
- Being physically fit to fulfill assigned duties.
3. Conditions for appointment of primary-level judges, intermediate-level judges and high-level judges
Primary-level judges: 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:
- Having been engaged in legal work for at least 5 years;
- Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;
- Having passed a primary-level judge selection examination.
Intermediate-level judges: 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:
- Having worked as a primary-level judge for at least 5 full years;
- Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;
- Having passed an examination for judge promotion to intermediate level.
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:
- Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;
- Having been engaged in legal work for at least 13 years;
- Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;
- Having passed an intermediate-level judge selection examination.
High-level judges: 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:
- Having worked as an intermediate-level judge for at least 5 full years;
- 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;
- Having passed an examination for judge promotion to high-level rank.
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:
+ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of this Law;
+ Having been engaged in legal work for at least 18 years;
+ 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;
+ Having passed a high-level judge selection examination.
Conditions for appointment as judges of the Supreme People’s Court are specified in Article 69 of the Law on Organization of People’s Courts 2014 of Vietnam.
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