Criteria for assigning Judges to settle cases in Vietnam

Circular​ 01/2022/TT-TANDTC

The Supreme People's Court issued Circular 01/2022/TT-TANDTC dated December 15, 2022 stipulating the assignment of judges to handle and adjudicate cases and cases under the Court's jurisdiction.

Accordingly, the criteria for assigning judges to settle cases are as follows:

1. Principles of assigning judges to settle cases in Vietnam

Article 3 of Circular 01/2022/TT-TANDTC stipulates that the assignment of case settlement must ensure the following principles:

- Impartial, objective, and random.

- Fair, democratic, open, reasonable, and timely.

- Ensuring the trial's quality and efficiency.

2. Criteria for assignment of judgments in Vietnam

In Article 4 of Circular 01/2022/TT-TANDTC, the assignment of judges to settle cases must be based on the following criteria:

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

- Having expertise and experience adjudicating and dealing with cases of that nature.

For cases involving minors in the proceedings:
  A judge is a person who has been trained or has experience handling juvenile cases or who has the necessary knowledge in psychology and educational science for handling juveniles.

- Being 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.

3. Method of assignment of judgments in Vietnam

Article 6 of Circular 01/2022/TT-TANDTC stipulates the method of assignment of case settlement, as follows:

- The method of assignment of judgments includes assignment of assigned judgments and random assignment of settlements.

- 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 judgment assignment is used in cases governed by 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 procedural law but the Chief Justice of the Court shall inspect, supervise and take responsibility before law for the assignment of judgment settlement at his Court.

4. Cases where judges are not assigned to settle judgments in Vietnam

In Article 5 of Circular 01/2022/TT-TANDTC, at the time of assignment of judgments, judges in one of the following cases shall not be assigned to settle cases:

- Being in the position of having to refuse to conduct the procedure or change in accordance with the applicable procedural law.

- Being sent on secondment, work, training, retraining, and training for at least one month in a row.

- Being unable to perform duties while on leave, maternity leave, sick leave, or for other health reasons.

- Being disciplined, awaiting disciplinary consideration, or being suspended from the assignment of judgment settlement due to a decision of a competent authority.

- Other cases where the judge is unable to perform the task of settling and adjudicating the case.

Ngoc Nhi

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