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The Supreme People's Court of Vietnam: Benchbook Online

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2.3.1. General duties and powers of Judges


Related legal documents
  • Ordinance on Judges and Assessors of People’s Courts 2002 (Articles 9, 10, 11, 12, 15 and 16)

  • Main tasks and practical skills:

    • Judges shall carry out the tasks of adjudicating cases and dealing with other matters within the jurisdiction of the Court as assigned by the Chief Judge of the Court where they work or where they are seconded for a limited period (Article 11 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Judges are entitled to request agencies, institutions or individuals to execute decisions relating to the resolution of cases or other matters in accordance with provisions of law (Article 12 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Judges shall be fostered in developing their adjudicatory capacity (Article 9 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Judges are not allowed to engage in the following activities:
      - Activities not permitted by law for State officials and employees;
      - Providing advice to the accused, interested parties or others involved in the proceedings that causes erroneous resolution of the case or other matter;
      - Illegally interfering in the settlement of cases or abusing his/her position to influence those who are responsible for dealing with cases;
      - Taking case dossiers or documents in case dossiers out of their offices except where it is necessary or has been permitted by an authorized person;
      - Meeting the accused, parties or others involved in the proceedings outside the permitted areas (Article 15 of the Ordinance on Judges and Assessors of the People’s Courts).
    • A Judge shall decline to take part in proceedings or shall be replaced in circumstances provided by law (Article 16 of the Ordinance on Judges and Assessor of the People’s Courts).
    • In performing their duties and exercising their powers, a Judge and an Assessor have the right to contact State agencies, the Committees of the Vietnam Fatherland Front, member units of the Fatherland Front, other social organizations, economic units, people’s armed forces units and citizens. Within their functions and power, agencies, organizations and citizens are responsible to facilitate the work of Judges and Assessors.
    • All acts obstructing Judges and Assessors from carrying out their duty shall be strictly prohibited (Item 2 of Article 10 of the Ordinance on Judges and Assessors of the People’s Courts).