Cases of revocation of the titles of Good Judge, Typical Judge and Exemplary Judge in Vietnam

Cases of revocation of the titles of Good Judge, Typical Judge and Exemplary Judge in Vietnam (Internet image)

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

1. Cases of revocation of the titles of Good Judge, Typical Judge and Exemplary Judge in Vietnam

According to Article 15 of the Regulation promulgated together with Decision 10/QD-TANDTC-TDKT in 2020, stipulating the revocation of the titles of Good Judge, Typical Judge and Exemplary Judge as follows:

- The title of "Judge" shall be revoked when the Judge commits one of the following violations:

+ Concealing defects, falsely reporting achievements, or committing fraud in the awarding process;

+ There is evidence to prove that the donation consideration is not accurate and objective.

- When detecting one of the cases specified in Clause 1, Article 15 of the Regulation promulgated together with Decision 10/QD-TANDTC-TDKT in 2020, the Advisory Council and the Emulation - Commendation Council at the same level are responsible for considering and proposing the People's Court's Emulation - Commendation Council (through the Emulation - Commendation Department) appraise and submit to the Chief Justice of the Supreme People's Court for decision.

- Judges whose titles have been revoked may be considered for re-gifting the title "Judge" after 3 years of service since the title was revoked if the criteria and conditions are met as prescribed in the Regulation promulgated together with Decision 10/QD-TANDTC-TDKT 2020.

2. Time to organize the consideration and awarding of the titles of Good Judge, Typical Judge and Exemplary Judge in Vietnam

The time to organize the consideration and award of the title of Good Judge, Typical Judge and Exemplary Judge according to Article 17 of the Regulation promulgated together with Decision 10/QD-TANDTC-TDKT in 2020 is as follows:

- May, June: Judges who are qualified to consider conferring the title of "Judge" under the provisions of this Regulation prepare dossiers in accordance with regulations (reported data is as of April 30 of the year of application for donation);

The Advisory Council reviews and evaluates the dossiers and agrees with the Emulation - Reward Council at the same level to compile the list and publicly announce at the agency or unit the judges requesting the award of the title of "Judge" before reporting to the People's Court Emulation - Commendation Council (via the Department of Emulation - Commendation of the Supreme People's Court).

- July and August: After the Department of Emulation - Commendation of the Supreme People's Court synthesizes the list and presides over and coordinates with the Department of Organization and Personnel, the Inspection Committee of the Supreme People's Court shall appraise the application file for consideration and honoring the Judge, submit it to the Emulation - Commendation Council of the People's Court for consideration, and submit it to the Chief Justice of the Supreme People's Court for decision on awarding the title of "Judge".

After April 30 of the year, before the time when the Chief Justice of the Supreme People's Court issues the decision on awarding the title of "Judge" if the Judge has an overdue judgment or has a sentence (cancellation, correction) due to subjective reasons exceeding 1.5% or has a temporary suspension in contravention of the law, he/she will not be awarded the title "Judge".

3. Regulations on the organization of announcements, awarding, posthumously conferring, and honoring the titles of Good Judges, Typical Judges and Exemplary Judges in Vietnam

Regulations on organization of the announcement, awarding, posthumous awarding, and honoring of the titles of Good Judges, Typical Judges and Exemplary Judges according to Article 14 of the Regulation promulgated together with Decision 10/QD-TANDTC-TDKT in 2020 as follows:

- The title "Judge" is announced, awarded, posthumously conferred, and honored on the occasion of the "Traditional Day of People's Court" (September 13) or at the annual People's Court work implementation conference. In necessary cases, the Chief Justice of the Supreme People's Court shall decide the time to organize the consideration, award, announcement, conferment, posthumous award, and honor the title "Judge".

- The Standing Committee of the Emulation - Commendation Council of the People's Court organizes a conference to announce, award, posthumously confer, and honor the title of "Excellent Judge" for Judges of the Supreme People's Court.
and the titles of "Typical Judge", "Exemplary Judge".

- The Chief Justice of the Central Military Court shall organize a conference to announce, confer, posthumously confer, and honor the title of "good judge" for judges of military courts at all levels.

- Chief Justice of the High People's Court; The Chief Justice of the People's Court of a province or centrally run city shall hold a conference to announce, award, and posthumously confer the title of "good judge" for judges under his or her management.

- Judges who have been considered and recommended by the Advisory Council and the Emulation - Commendation Council at the same level but who have passed away can be considered and posthumously confer the title of "Judge".

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