05 Criteria for assigning Judges to settle cases in Vietnam

05 Criteria for assigning Judges to settle cases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of assigning judges to settle cases in Vietnam

The assignment of judgment settlement must ensure the principles specified in Article 3 of Circular 01/2022/TT-TANDTC, specifically as follows:

- Impartial, objective, and random.

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

- Ensuring the quality and efficiency of the trial.

2. Criteria for assigning Judges to settle cases in Vietnam

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

(1) The number and complexity of cases assigned to the Judges to settle within 1 year at each Court are similar.

(2) In accordance with the expertise and experience in adjudicating and dealing with that type of case. In the case of a juvenile procedure participant, the assigned 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 juveniles.

(3) In accordance with the position of the judge currently in charge.

(4) Judges in the Team of Full-Time Judges; Judges in specialized courts in any field will be assigned priority to settle cases in that field.

(5) Judges holding leadership and managerial positions at the superior, provincial, and district people's courts are assigned to settle cases according to the criteria set by the Supreme People's Court.

Female judges within 3 months of 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. Methods of assigning judges to settle cases in Vietnam

Specifically, in Article 6 of Circular 01/2022/TT-TANDTC, the methods of assigning judges to settle cases are prescribed as follows:

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

- The method of appointment assignment to settle judgments shall be used in cases governed by 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 the law for the assignment of judgment settlement at his Court.

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

At the time of assignment of judgments, judges who fall into one of the cases specified in Article 5 of Circular 01/2022/TT-TANDTC will not be assigned to settle cases:

- Being forced 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.

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