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The Supreme People's Court of Vietnam: Benchbook Online

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2.1.1. General criteria for Judges


Related legal documents
  • Ordinance on Judges and Assessors of People’s Courts 2002(Article 5)
  • Inter-Circular No. 01/2003/TTLT-TANDTC-BQP-BNV-UBTWMTTQVN dated 01 April 2003 of the Supreme People’s Court, Ministry of National Defence, and Central Committee of Vietnam’s Fatherland Front

  • Main tasks and practical skills:

    • In order to understand well about the general criteria for Judges, it is compulsory to Item 1 of Article 5 of the Ordinance on Judges and Assessors of the People’s Courts.
    • According to Inter-Circular No. 01/2003/TTLT-TANDTC-BQP-BNV-UBTWMTTQVN dated 01 April 2003 of the Supreme People’s Court, Ministry of Defense, Ministry of Home Affairs, Central Committee of the Vietnam Fatherland Front providing guidelines on implementation of a number of articles of the Ordinance on Judges and Assessors of the People’s Courts, specific criteria shall be based on the following:
      - Vietnamese citizens, who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, and have good character and ethics, integrity, honesty, the spirit to protect resolutely the socialist rule of law, shall:
      + Do no harm to the independence, sovereignty and territorial integrity of the Fatherland, national defense, socialism and the government of the Socialist Republic of Vietnam;
      + Strictly obey the Constitution and law, Party’s guidelines and State policies, lead a healthy life and show respect for regulations on public living;
      + Consistently fight against any actions and persons that do harm to the Party, Fatherland and people;
      + Show respect for the people, devotedly serve them, listen to their opinions, maintain close links with them and submit to their supervision; all manifestations of bureaucratization, arrogance, and arbitrariness shall be vigorously opposed;
      + Have the spirit to struggle for and to protect justice, and to make criticisms and self-criticisms;
      + Not subject to provisions of Article 2 of Chapter I of Regulation No. 75/QD-TW dated 25 April 2000 of the Politburo;
      + Do not conduct things as stipulated in Article 15 of the Ordinance;
      + Commit no crimes ever (even in the case of one’s having sentence annulled).
      - “Obtaining a bachelor of law degree” means having a law degree granted by one of the recognized universities in Vietnam ; if the law degree  is conferred by a foreign training institution, it must be recognized in Vietnam by a relevant Vietnamse authority.
      - “Being trained in professional adjudication” means having a certificate of being trained in professional adjudication granted by any body authorized to train judicial titles; if the certificate is issued by a foreign training facility, it must be recognized in Vietnam by a Vietnamese authorized State body as specified by law.
      - “Practical experience in accordance with provisions of laws” means a working period commenced from the date of one’s being put into a rank of civil servants (including court clerks, examiners, legal experts, researchers, investigators, notaries, procurators, security guards in the Military, legal officials, lecturers in law). It shall be accepted if the Judge has worked as an assessor or lawyer.
      - “Capacity to perform adjudicatory work” means capacity to complete the judicial work of adjudicating cases and resolving other issues within jurisdiction of a court, of which the nominated Judge has highly appreciated research and work.
      - “Having good health to accomplish assigned task” means having full civil capability, in both appearance and health, without malformations influencing the posture or the conduct of tasks of a Judge.
      - It is impossible to nominate and appoint a Judge who has been prosecuted for criminal liability or is being considered for disciplinary punishments if he/she has not received the final decision of the authorized individual or agencies yet.