5.2. Ensuring principles of judicial independence in Beijing Statement

The Judiciary is an institution of the highest value in every society.
The Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 41(1)) proclaim that everyone should be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. An independent judiciary is indispensable to the implementation of this right.
Independence of the Judiciary requires that:
- The judiciary shall decide matters before it in accordance with its impartial assessment of the facts and its understanding of the law without improper influences, direct or indirect, from any source.
- The judiciary has jurisdiction, directly or by way of review, over all issues of a justiciable nature.
The maintenance of the independence of the judiciary is essential to the attainment of its objectives and the proper performance of its functions in a free society observing the rule of law. It is essential that such independence be guaranteed by the State and enshrined in the Constitution of the law.
It is the duty of the judiciary to respect and observe the proper objectives and functions of the other institutions of government. It is the duty of those institutions to respect and observe the proper objectives and functions of the judiciary.
In the decision-making process, any hierarchical organization of the judiciary and any difference in grade or rank shall in no way interfere with the duty of the judge exercising jurisdiction individually or judges acting collectively to pronounce judgment in accordance with Article 3(a). The judiciary, on its part, individually and collectively, shall exercise its functions in accordance with the Constitution and the law.
Judges shall uphold the integrity and independence of the judiciary by avoiding impropriety and the appearance of impropriety in all their activities.
To the extent consistent with their duties as members of the judiciary, judges, like other citizens, are entitled to freedom of expression, belief, association and assembly.
Judges shall be free, subject to any applicable law, to form and join an association of judges to represent their interests and promote their professional training and to take such other action to protect their independence as may be appropriate.


5.2. Ensuring principles of judicial independence in Beijing Statement
The Judiciary is an institution of the highest value in every society. The Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 41(1)) proclaim that everyone should be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. An independent judiciary is indispensable to the implementation of this right. Independence of the Judiciary requires that: - The judiciary shall decide matters before it in accordance with its impartial assessment of the facts and its understanding of the law without improper influences, direct or indirect, from any source. - The judiciary has jurisdiction, directly or by way of review, over all issues of a justiciable nature. The maintenance of the independence of the judiciary is essential to the attainment of its objectives and the proper performance of its functions in a free society observing the rule of law. It is essential that such independence be guaranteed by the State and enshrined in the Constitution of the law. It is the duty of the judiciary to respect and observe the proper objectives and functions of the other institutions of government. It is the duty of those institutions to respect and observe the proper objectives and functions of the judiciary. In the decision-making process, any hierarchical organization of the judiciary and any difference in grade or rank shall in no way interfere with the duty of the judge exercising jurisdiction individually or judges acting collectively to pronounce judgment in accordance with Article 3(a). The judiciary, on its part, individually and collectively, shall exercise its functions in accordance with the Constitution and the law. Judges shall uphold the integrity and independence of the judiciary by avoiding impropriety and the appearance of impropriety in all their activities. To the extent consistent with their duties as members of the judiciary, judges, like other citizens, are entitled to freedom of expression, belief, association and assembly. Judges shall be free, subject to any applicable law, to form and join an association of judges to represent their interests and promote their professional training and to take such other action to protect their independence as may be appropriate.

The Supreme People's Court of Vietnam: Benchbook Online