Who is the judge? Conditions for appointment of judges in Vietnam

Who is the judge? Conditions for appointment of judges in Vietnam (Internet image)

1. Who are judges?

According to Clause 1, Article 65 of the Law on Organization of People s Courts 2014, judges are persons who fully meet the conditions and criteria prescribed by this Law and appointed by the President to perform the adjudicating duty.

2. Judge criteria in Vietnam

The Judge criteria include:

- Being a Vietnamese citizen who is loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has good ethical qualities, firm political stance, courage and resolve to safeguard justice, and is incorrupt and honest.

- Possessing a bachelor or higher degree in law.

- Having been professionally trained in adjudication.

- Having been engaged in practical legal work for a certain period of time.

- Being physically fit to fulfill assigned duties.

(Article 67 of the Law on Organization of People s Courts 2014)

3. Conditions for appointment of judges in Vietnam

3.1. Conditions for appointment of primary-level judges in Vietnam

A person who fully meets the criteria prescribed in Section 2 and the following conditions may be selected and appointed as a primary-level judge; if being an in-service army officer, he/she may be selected and appointed as a primary-level judge of a military court:

- Having been engaged in legal work for at least 5 years;

- Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

- Having passed a primary-level judge selection examination.

(Clause 1, Article 68 of the Law on Organization of People s Courts 2014)

3.2. Conditions for appointment of intermediate-level judges in Vietnam

- A person who fully meets the criteria prescribed in Section 2 and the following conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

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

+ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

+ Having passed an examination for judge promotion to intermediate level.

- In case due to the personnel demand of a people’s court, a person who has not yet attained the primary-level judge rank but fully meets the following criteria and conditions may be selected and appointed as an intermediate-level judge; if being an in-service army officer, he/she may be selected and appointed as an intermediate-level judge of a military court:

+ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of the Law on Organization of People s Courts 2014;

+ Having been engaged in legal work for at least 13 years;

+ Being capable of adjudicating cases and settling other matters under the jurisdiction of his/her court prescribed by the procedural law;

+ Having passed an intermediate-level judge selection examination.

(Clause 2 and 3, Article 68 of the Law on Organization of People s Courts 2014)

3.3. Conditions for appointment of high-level judges in Vietnam

- A person who fully meets the criteria prescribed in Section 2 and the following conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

+ Having worked as an intermediate-level judge for at least 5 full years;

+ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

+ Having passed an examination for judge promotion to high-level rank.

- In case due to the personnel demand of a people’s court, a person who has not yet attained the intermediate-level judge rank but fully meets the following criteria and conditions may be selected and appointed as a high-level judge; if being an in-service army officer, he/she may be selected and appointed as a high-level judge of a military court:

+ Meeting the criteria prescribed in Clauses 1, 2, 3 and 5, Article 67 of the Law on Organization of People s Courts 2014;

+ Having been engaged in legal work for at least 18 years;

+ Being capable of adjudicating cases and settling other matters under the jurisdiction of superior courts or the Central Military Court prescribed by the procedural law;

+ Having passed a high-level judge selection examination.

(Clause 4 and 5, Article 68 of the Law on Organization of People s Courts 2014)

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

- A person who folly meets the criteria prescribed in Section 2 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)

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