Nguyen Van Nam, LL.D. Deputy Dean of the Faculty of Law People’s Security Academy
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| The judge panel during a court session in Thai Binh province__Photo: VNA |
The title of judge is a judicial title that plays a crucial role in any judicial system worldwide, especially in a law-ruled state where courts exercise judicial power. Vietnam’s Law 34/2024/QH15 on Organization of People’s Courts (the Law), effective as of January 1, 2025, contains new provisions, compared to the 2014 version, on qualifications and conditions for appointment of judges of the Supreme People’s Court and people’s courts. This article gives some analyses about fundamental issues regarding the concept and classification of judges as provided in the Law. It also analyzes the qualifications and conditions for the appointment of judges in Vietnam.
Concept and classification of judges in Vietnam
In the broadest sense, a judge is a judicial officer recognized by the State with the authority to adjudicate disputes in court in accordance with law. As per the Law, “A judge is a person who meets the standards and conditions specified by this Law, appointed by the President to perform adjudication duties and other tasks and powers specified by this Law and other relevant provisions.”[1]
Judges of the Supreme People’s Court are appointed by the President based on the National Assembly’s approval resolution(s) at the request of the Chief Justice of the Supreme People’s Court. Their term of office lasts from the time of appointment until retirement or reassignment to another position.[2]
People’s court judges are appointed by the President at the request of the Chief Justice of the Supreme People’s Court. A people’s court judge appointed for the first time will serve a term of office of five years from the date of appointment. A reappointed people’s court judge may serve until his retirement or transfer to another position.
Judges are those who hold judicial titles under Vietnam’s law[3]. Accordingly, judges are judicial officers classified into two categories: Supreme People’s Court judges and people’s court judges. Previous laws on the organization of courts referred to Supreme People’s Court judges and local people’s court judges. However, a key evolution of the Law is the clear classification of judges within the judicial titles’ system. Currently, in Vietnam, the Supreme People’s Court’s Council of Judges must have between 13 and 17 members, including the Chief Justice, Deputy Chief Justices, and judges of the Supreme People’s Court.[4]
People’s court judges are appointed to carry out judicial functions at courts subordinate to the Supreme People’s Court. Under Article 4.1 of the Law, the organizational structure of the system of people’s courts includes: (i) the Supreme People’s Court; (ii) superior people’s courts; (iii) provincial-level people’s courts; (iv) district-level people’s courts; (v) first-instance tribunals (administrative tribunals, intellectual property tribunals, and bankruptcy tribunals); and (vi) military courts (the Central Military Court, military courts of military zones and the equivalent, and regional military courts). Compared to the 2014 Law, such judicial titles as senior judges, intermediate judges and primary judges, are now restructured into a unified category: people’s court judges under the Law. In summary, as of January 1, 2025, Vietnam has only two titles for judges: Supreme People’s Court judges and people’s court judges.[5]
Qualifications and conditions for appointment of judges
As mentioned earlier, under the Law, the classification of primary judges, intermediate judges and senior judges no longer applies. Judges appointed to adjudicate at courts below the Supreme People’s Court will hold the title of people’s court judge. Only those appointed to adjudicate in the Supreme People’s Court’s Council of Judges will hold the title of Supreme People’s Court judge.
Qualifications and conditions for appointment of people’s court judges
The 2014 Law stipulated that the National Assembly Standing Committee determined specific standards and conditions for each judicial level. Meanwhile the Law codifies these standards and conditions as follows:
Qualifications for people’s court judges[6]
· Being a Vietnamese citizen, loyal to the Fatherland and the Constitution, having good moral qualities, having a strong political stance, having a spirit of courage and determination to protect justice, integrity and honesty;
· Being 28 years of age or older;
· Having a bachelor’s degree in law or higher;
· Having been trained in trial practice;
· Having performed legal work for a specified period of time; and,
· Having good health to ensure the completion of assigned tasks.
Thus, compared to the 2014 Law, the Law adds a new (age) criterion for appointment of people’s court judge (28 years of age or older).
Conditions for appointment of people’s court judges[7]
A person who meets the above qualifications may be appointed as a people’s court judge if he also satisfies the following conditions:
· Having at least five years of experience in legal practice and demonstrating the ability to adjudicate cases within the jurisdiction of people’s courts; and,
· Having passed the national judicial selection examination for appointment of people’s court judges.
In special cases, an individual who meets the criteria specified in Clauses 1, 3, 5 and 6 of Article 94 of the Law may be appointed as a people’s court judge. If he is an active-duty military officer, he may be selected and appointed as a military court judge if:
· Having at least 10 years’ legal work experience and having been assigned by a competent authority to hold a leadership position at a district-level people’s court or a regional military court; or,
· Having at least 15 years’ legal work experience and having been assigned by a competent authority to hold a leadership position at a provincial-level people’s court, a superior people’s court, a first-instance people’s tribunal, a military court of military zone or the equivalent, or the Central Military Court. This is a new provision on the criteria and conditions for appointment of people’s court judges under the Law compared to the 2014 version.
Qualifications and conditions for appointment of Supreme People’s Court judges
Under Vietnam’s law, the standards and conditions for appointing judges of the Supreme People’s Court are higher than those for judges at other levels within the judicial hierarchy. This is because Supreme People’s Court judges have more significant duties and powers compared to people’s court judges of lower level.
Qualifications for Supreme People’s Court judges[8]
A judge of the Supreme People’s Court must:
· Be a Vietnamese citizen, loyal to the Fatherland and the Constitution, have good moral qualities, have a strong political stance, have a brave spirit and determination to protect justice, integrity and honesty;
· Have a bachelor’s degree or higher in law;
· Have performed legal work for a specified period of time;
· Have good health to ensure the completion of assigned tasks; and,
· Be 45 years of age or older.
Conditions for appointment of Supreme People’s Court judges
A person who meets the above criteria may be selected and appointed as a judge of the Supreme People’s Court if he also satisfies the following conditions:
· Having worked for at least 20 years in the court system, including at least 10 years of working as a people’s court judge. In special cases, this condition may be decided by a competent authority but he must have worked for at least five years as a people’s court judge;
· Having the capacity to adjudicate and resolve cases, matters and resolve other matters under the jurisdiction of the Supreme People’s Court as specified by law;
· A person who does not work in the court system but has high prestige in society must meet the following criteria: being a Vietnamese citizen; being loyal to the Vietnamese Fatherland and the Constitution; having good moral qualities; having a strong political stance; having a spirit of courage and determination to protect justice; being honest and upright; having good health to ensure the completion of assigned tasks; being 45 years of age or older; and fully satisfying the following conditions: having the capacity to adjudicate, resolve cases and matters falling under the jurisdiction of the Supreme People’s Court in accordance with law. No more than two persons who fall into one of the following cases may be selected and appointed as Supreme People’s Court judges:
· Holders of important positions in central agencies and organizations with a profound understanding of politics, law, economics, culture, society, security, national defense, and diplomacy;
· Experts, lawyers, university lecturers, scientists with high qualifications in law and holding important positions in agencies, political organizations, socio-political organizations, socio-political-professional organizations, or socio-professional organizations. This new provision is strongly supported by the public and shows that Vietnam has selectively adopted foreign experience in the selection and appointment of supreme court judges of countries with advanced legal systems in the world.[9]
Conclusion
People’s courts perform the tasks of safeguarding justice, protecting human rights, citizen rights, the socialist regime, the interests of the State, and lawful rights and interests of organizations and individuals, thus contributing to educating citizens to be loyal to the Fatherland, strictly abide by law and be aware of the fight against crimes and other violations. With the Law’s more specific provisions on criteria and conditions for appointment of people’s court judges and Supreme People’s Court judges, Vietnam’s court system will effectively exercise the judicial power, contributing to building the socialist law-
[1] Article 88 of the Law.
[2] Article 100 (term of office of judges) of the Law.
[3] According to Article 73.1 of the Law, judicial titles include: a/ chief justice and deputy chief justice of people’s courts and military courts at all levels; b/ judge of the Supreme People’s Court; c/ judge of people’s courts; d/ court examiner; and dd/ court clerk.
[4] Article 48.1 of the Law.
[5] Article 152.3 of the Law stipulates: “Senior judges, intermediate judges and primary judges are converted into people’s court judges in accordance with this Law.”
[6] Article 94.1 of the Law.
[7] Article 95 of the Law.
[8] Article 96 of the Law.
[9] https://tuoitre.vn/mo-rong-nguon-bo-nhiem-tham-phan-toi-cao-the-gioi-da-tung-lam-20230926162721772.htm
