Order of making a list for assigned judges to settle the case in Vietnam

Order of making a list for assigned judges to settle the case in Vietnam
Nguyễn Như Mai

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

According to Vietnam's Circular 01/2022/TT-TANDTC, judges who are assigned to settle cases must form names in the following order:

- Removing judges who are not assigned to settle cases according to the guidance in Clauses 2, 3, 4, 5, Article 5 of Vietnam's Circular 01/2022/TT-TANDTC from the List of Judges;

- Sorting judges in order The judge with the lower number of cases being assigned to settle is first;

- If the Judges have an equal number of cases being assigned to settle, the Judge with the number of cases being suspended will be arranged first.

- If the Judges have an equal number of pending cases; If the number of cases being temporarily suspended for settlement is equal, the Judge with the lesser number of overdue cases shall be ranked first;

- If the Judges have an equal number of pending cases, suspended cases, and overdue cases, the judge whose number of cases is canceled or corrected due to subjective reasons within 01 year from the date of assignment is less than the first will be assigned.

- If the Judges have the same criteria at Points b, c, d and dd Clause 2 Article 7 of Vietnam's  Circular 01/2022/TT-TANDTC, the Judges' names shall be arranged in Vietnamese alphabetical order (A, B) , C...);

- If the Judge falls into the category of having to refuse to conduct the proceedings or be changed for a particular case, it must be noted in the List of Judges.

Vietnam's Circular 01/2022/TT-TANDTC takes effect from February 1, 2023.

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