Conditions for appointment as judges of the Supreme People’s Court in Vietnam

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Regarding this issue, LawNet answers as follows:

1. Conditions for appointment as judges of the Supreme People’s Court in Vietnam

A person who folly meets the criteria prescribed in Article 67 of the Law on Organization of People s Courts 2014 and the following conditions may be selected and appointed as a judge of the Supreme People’s Court:

- Having worked as a high-level judge for at least 5 full years;

- Being capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law.

Persons who do not work in courts but hold important positions in central agencies or organizations, are deeply knowledgeable about politics, law, economics, culture, society, security, national defense and diplomacy or leading legal experts or scientists, hold important positions in agencies or organizations, have high reputation in society, and are capable of adjudicating cases and settling other matters under the jurisdiction of the Supreme People’s Court prescribed by the procedural law may be selected and appointed as judges of the Supreme People’s Court.

(Article 69 of the Law on Organization of People s Courts 2014)

2. Procedures for approval and appointment of judges of the Supreme People’s Court in Vietnam

Pursuant to Article 72 of the Law on Organization of People s Courts 2014, the procedures for approval and appointment of judges of the Supreme People’s Court are prescribed as follows:

- The Chief Justice of the Supreme People’s Court shall submit to the National Assembly for approval his/her proposals for appointment of judges of the Supreme People’s Court.

- Dossiers to be submitted to the National Assembly for approval of proposals for appointment of judges of the Supreme People’s Court shall be sent to the National Assembly Standing Committee for examination before being presented at the nearest session of the National Assembly.

- The Judiciary Committee of the National Assembly shall examine submitted dossiers for the National Assembly’s approval of proposals for appointment of judges of the Supreme People’s Court.

- The National Assembly shall consider and issue resolutions to approve proposals for appointment of judges of the Supreme People’s Court.

- Pursuant to resolutions of the National Assembly, the President shall issue decisions to appoint judges of the Supreme People’s Court.

3. Entitlements and policies toward judges of the Supreme People’s Court in Vietnam

According to Article 75 of the Law on Organization of People s Courts 2014, entitlements and policies toward judges of the Supreme People’s Court in Vietnam are prescribed as follows:

- The State shall adopt preferential policies on salaries and allowances for judges.

- Judges shall be provided with formal attires and judge identity cards to perform their duties.

- The honor and prestige of judges shall be respected; and judges shall be protected while performing official duties and in case of necessity.

- Judges shall be trained and retrained to improve their professional qualifications and court skills.

- All acts of obstructing, intimidating, infringing upon lives or health, offending the honor or dignity of judges and their relatives are strictly prohibited.

- Judges shall be honored, commended and rewarded in accordance with the law on emulation and commendation.

- Salaries, allowances, model attires, allocation and use of attires and judge identity cards shall be stipulated by the National Assembly Standing Committee at the proposal of the Chief Justice of the Supreme People’s Court.

4. Responsibilities of judges of the Supreme People's Court in Vietnam

Article 76 of the Law on Organization of People s Courts 2014 stipulates the responsibilities of judges as follows:

- To be loyal to the Fatherland and exemplary in abiding by the Constitution and law.

- To respect, dedicatedly serve, keep close ties with, listen to opinions of, and submit to supervision by, the people.

- To be independent, impartial and objective, and safeguard justice in adjudication; to observe the code of conduct and professional ethics of judges, and preserve the reputation of courts.

- To protect state secrets and work secrets in accordance with law.

- To learn and study to elevate their knowledge, political level and professional qualifications and skills.

- To be held responsible before law for the performance of their duties, exercise of their powers and for their decisions. If committing illegal acts, to be disciplined or examined for penal liability in accordance with law depending on the nature and seriousness of their violations.

If judges cause damage while performing their duties or exercising their powers, their courts shall pay compensations for damage and they shall pay indemnities to their courts in accordance with law.

Ho Quoc Tuan

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