MINISTRY OF EDUCATION AND TRAINING

NATIONAL ECONOMICS UNIVERSITY

REPORT
SUBJECT: FUNDAMENTAL OF LAWS

TOPIC: THE PEOPLE’S COURT

Group 4 – DSEB62: Bùi Hoàng Linh – 11205706

Nguyễn Anh Tú – 11207333
Nghiêm Thị Ngọc Minh – 11202545
Huỳnh Lê Linh Đan – 11204750
Phương Quỳnh Chi – 11204713
Vũ Đức An – 11204235

Ngày 28 tháng 9 năm 2021

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 THE PEOPLE’S COURT OF VIETNAM

Table of Contents
A. OVERVIEW OF THE PEOPLE’S COURT OF THE SOCIALIST REPUBLIC OF VIETNAM1
I. HISTORY................................................................................................................................................................ 1
II. POSITION...........................................................................................................................................................1
III. FUNCTIONS, DUTIES AND POWERS OF PEOPLE’S COURT.................................................................1
1. Functions.............................................................................................................................................................. 1
2. Duties.................................................................................................................................................................... 2
3. Powers.................................................................................................................................................................. 2
B. SYSTEM OF THE PEOPLE’S COURT.........................................................................................3
I. THE SUPREME PEOPLE’S COURT...................................................................................................................3
1. Functions and powers..........................................................................................................................................3
2. Organizational structure.....................................................................................................................................3
II. THE SUPERIOR/HIGH PEOPLE’S COURT (3 High Courts for the North, Centre and South of
Vietnam)........................................................................................................................................................................... 4
1. Functions and powers..........................................................................................................................................4
2. Organizational structure.....................................................................................................................................4
3. Judges Committee of High People’s Courts......................................................................................................4
III. COURTS OF PROVINCES AND CENTRALLY RUN CITIES (63 Provincial Courts)..............................5
1. Functions and powers..........................................................................................................................................5
2. Organizational structure.....................................................................................................................................5
3. Judges Committee of People’s Court of provinces and municipalities............................................................6
IV. COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, TOWNS, PROVINCIAL CITIES AND
EQUIVALENT (710 District Courts)............................................................................................................................6
1. Functions and powers..........................................................................................................................................6
2. Organizational structure.....................................................................................................................................6
2.1. Criminal Court, Civil Court, Family and Juvenile Court, Administrative Court...............................................6
2.2. The assisting apparatus.....................................................................................................................................6
V. MILITARY COURTS (3 types).............................................................................................................................7
1. Functions and powers..........................................................................................................................................7
2. Organizational structure.....................................................................................................................................7
2.1. The Central Military..........................................................................................................................................7
2.2. Military courts of military zones and the equivalent..........................................................................................7
2.3. Regional military courts....................................................................................................................................7
3. Judge Committee of the Central Military Court...............................................................................................8
C. PROFESSIONAL TITLES IN THE COURT.................................................................................8
I. DEFINITION...........................................................................................................................................................8
II. CHARACTERISTICS........................................................................................................................................8
III. ADMINISTRATIVE AND PROFESSIONAL POSITIONS............................................................................8
1. Administrative – professional titles in the Supreme People’s Court...............................................................8
2. Administrative – professional titles in the High People’s Court, Provincial People’s Court and District
People’s Court............................................................................................................................................................. 9
IV. JUDGES AND JURORS.....................................................................................................................................9
1. Judge....................................................................................................................................................................9
2. Juror...................................................................................................................................................................10
A. OVERVIEW OF THE PEOPLE’S COURT OF THE SOCIALIST REPUBLIC OF VIETNAM
I. HISTORY

On 31 December 1959, the National Assembly of the Democratic Republic of Vietnam adopted a new
Constitution in replacement of the 1946 Constitution. According to Chapter VIII of the new
Constitution, judicial bodies of Vietnam comprise the “People’s Court and People’s Procuracy”. The
Court system included the Supreme People’s Court, Local People’s Courts, and Military Courts.

Based on the 1959 Constitution, the National Assembly of the Democratic Republic of Vietnam passed
the Law on the Courts Organization on 14 July 1960. According to Article 2 of the law, the Court
system was designed to include: The Supreme People’s Court; The People’s Courts of provinces and/or
autonomous areas (Local People’s Court); Military Courts; Special Courts (being set up under special
circumstances).

In comparison with the 1959 Constitution, the People’s Court system provided by the 1980 Constitution
basically had no changes. However, the new Constitution contained more detailed provisions on
judiciary activities and set up some important principles.

According to the 1992 Constitution and the 1993 Law on People’s Court Organization, the judicial
structure had no change. However, there were some new provisions on operation of the Courts that are
remarkable.

In 2013, the Constitution of Vietnam was amended with many significant changes concerning the
judiciary as a result of the judicial reform process initiated from 2005.Subsequently, on 24 November
2014, the National Assembly adopted the new Law on People’s Court Organization, which concretizes
relevant provisions of the Constitution.
II. POSITION

The People's Courts are judicial agencies of the Socialist Republic of Vietnam, exercising judicial
power.
In terms of organization, the People’s court system is a separate organ system in the state apparatus of
the Socialist Republic of Vietnam and accompanied by other state agencies.
The People's Court is the professional adjudication agency of the State, the central agency of judicial
activities. The headquarters of the Supreme People’s Court consists of 3 offices located in Hanoi (the
North), Ho Chi Minh (the South), and Da Nang (Central region).
III. FUNCTIONS, DUTIES AND POWERS OF PEOPLE’S COURT
1. Functions
The functions of the personnel court are the principal activities of the personal court. Clause 1,
Article 102 of the 2013 Constitution stipulates: "The People's Court is the management agency of
the Socialist Republic of Vietnam, exercising judicial power". Thus, only the court has the right
to handle and exercise the right to advise.

The court's trial activities and execution of judicial rights have different characteristics from the
resolving complaints, denunciations or illegal acts of other State agencies in the following points:
 Only the Court has the right to judge criminal cases when other State agencies do not.
Only the Court has the power to judge a citizen guilty or not guilty.
 The court's adjudication must follow a very strict order. This order is prescribed in
procedural legal documents such as the Criminal Procedure Code, the Civil Procedure
Code, and the Administrative Procedure Law. If violating the provisions of the above

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 documents, the judgment or decision of the Court may be appealed, protested and the
person who intentionally violates will be prosecuted for legal liability.
 In many cases, after other State agencies have settled but the involved parties are
not satisfied and send their complaints to the Court, the Court will settle and the
Court's decision will replace the previous decisions.
2. Duties
Defending justice: The people’s court needs to ensure justice and fairness in trials. Not only must
justice be done, it must also be seen to be done. The court's adjudication is conducted openly and
in accordance with strict due process. Performing the task of protecting justice is also the basis
for creating people's trust in the court.

Defending human rights, civil rights: The people’s court must defend and bring justice to the
people because the court is the agency that defends justice, adjudicating in a fair and equitable
manner on the basis of the law. Violations of people's rights must be identified and appropriately
sanctioned.

Defending the socialist regime, protecting the interests of the state, the legitimate rights and
interests of organizations and individuals:
 The socialist regime is a regime built on a democratic foundation, the power of the state
belongs to the people and the nature of the state is of the people, by the people and for the
people. The socialist regime takes the people as the origin and the people as the center of
development, so the people's courts carry out the task of protecting justice and carry out
the task of protecting the socialist regime.
 Justice is protected which means that the interests of the State, and the legitimate rights
and interests of organizations and individuals are protected.
3. Powers
When performing the task of adjudicating a criminal case, the Court has the right to:
 Examine and conclude on the legality of procedural acts and decisions of investigators,
prosecutors, lawyers during the investigation process, prosecution and trial; consider the
application, change, or cancellation of the containment measure; suspend, temporarily
suspend the case.
 Examine and conclude on the legitimacy of evidence and documents collected by
investigating bodies, investigators, procuracies, and procurators; provided by Lawyers,
defendants, defendants, and other participants in the proceedings.
 When deeming it necessary, return the dossier to request the Procuracy for additional
investigation; require the Procuracy to supplement documents and evidence or the Court
to examine, verify, collect and supplemental evidence following the Criminal Procedure
Code.
 To request investigators, procurators, and others to present matters related to the case
at the trial; prosecute a criminal case if it is found that there is a crime omission.
 To make decisions to exercise other powers as prescribed by the Criminal
Procedure Code.

Courts shall verify and collect documents and evidence to settle civil, marriage and family,
business, commercial, labor, and administrative cases and matters, and exercise other powers
as prescribed by the procedural law.

Courts shall handle administrative violations; consider requests of state management

agencies and decide whether to apply administrative handling measures related to human
rights and citizens’ fundamental rights following the law.

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 Courts shall issue decisions on the execution of criminal judgments, postponement of
imprisonment, temporary suspension of serving of imprisonment sentences, reduction or
exemption of penalty execution, criminal record remission, exemption or reduction of
judgment execution obligations for state budget revenues; exercise other powers as
prescribed by the Penal Code, the Law on Criminal Judgment Execution, and the Law on
Civil Judgment Execution.

Courts shall issue decisions on the postponement of, exemption from, reduction, or
suspension of execution of, administrative handling measures they apply and exercise other
powers prescribed by the Law on Handling of Administrative Violations.

During the trial of the case, the Court discovers and recommends competent agencies to
consider amending, supplementing, or annulling legal documents contrary to the
Constitution, laws, resolutions of the National Assembly, laws, and regulations. orders and
resolutions of the National Assembly Standing Committee to ensure the legitimate rights and
interests of individuals, agencies, and organizations; Competent agencies shall reply to the
Court on the results of handling of legal documents proposed in accordance with law as a
basis for the Court to settle the case.
B. SYSTEM OF THE PEOPLE’S COURT
I. THE SUPREME PEOPLE’S COURT
1. Functions and powers
The Supreme People's Court is the highest judicial organ of the Socialist Republic of
Vietnam. The Supreme People's Court shall conduct cassation or reopening review of legally
effective judgments and decisions protested against in accordance with the procedural law.

It supervises the adjudication of other Courts, except otherwise provided by the law.

It summarises adjudication practices of all Courts, ensures the consistent application of the
law in adjudication.

It is responsible for providing training and continuing education for Judges, Assessors, and
other court officials.

It administers People's Courts and Military Courts in terms of their organization in

accordance with the Law on Organization of People's Courts and relevant legislations,
ensures judicial independence among different Courts.

It is entitled to present to the National Assembly draft laws and resolutions, and to the
Standing Committee of the National Assembly draft ordinances and resolutions in
accordance with the law.
2. Organizational structure
2.1. The Judicial Council of the Supreme People’s Court
The number of members of the Judicial Council of the Supreme People’s Court must
be between 13 and 17, including the Chief Justice, assisted by the Deputy Chief
Justices and other judges of the Supreme People’s Court.

The Judicial Council of the Supreme People’s Court shall conduct trial according to
the cassation or reopening procedure with a trial panel composed of 5 judges or all
judges of the Supreme People’s Court. A cassation or reopening trial with a trial
panel composed of 5 judges or all judges of the Supreme People’s Court shall be
conducted in accordance with the procedural law.

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 2.2. The assisting apparatus
The assisting apparatus of the Supreme People's Court has a number of administrative
units, such as: The Office, the Department of Organization and Personnel, the
Department of Legal and Scientific Management, etc…These units do not have
judges and do not hold trials.
2.3. Training insititutions
Training institutions of the Supreme People’s Court have the duty to train and retrain
judges, assessors and other staff of people’s courts.
II. THE SUPERIOR/HIGH PEOPLE’S COURT (3 High Courts for the North, Centre and
South of Vietnam)
1. Functions and powers
Appellate trial of cases where the first-instance judgments or decisions of the People's Courts
of provinces or centrally run cities under their territorial jurisdiction have not yet taken legal
effect and are appealed or protested against according to regulations of procedural law.

To review under cassation or re-opening procedure legally effective judgments or decisions

of People's Courts of provinces, municipalities, rural districts, urban districts, towns, cities or
the equivalents within their territorial jurisdiction which are protested against in accordance
with the procedural law.
2. Organizational structure
2.1. The Judicial Committee
The number of members of the judicial committee of a superior people’s court must
be between 11 and 13. A judicial committee of a superior people’s court shall be
composed of the Chief Justice, Deputy Chief Justices being high-level judges and a
number of high-level judges decided by the Chief Justice of the Supreme People’s
Court at the proposal of the chief justice of the superior people’s court.

The judicial committee of a superior people’s court shall conduct trial according to
cassation or reopening procedure with a trial panel composed of 3 judges or all of its
members. A cassation or reopening trial with a trial panel composed of 3 judges or all
members of the judicial committee of a superior people’s court shall be conducted in
accordance with the procedural law.

2.2. Specialized courts

Including: The Criminal Court, the Civil Court, the Administrative Court, the
Economic Court, the Labor Court and the Family and Juvenile Court. These units are
all specialized units, with judges working and directly organizing the trial of cases.

2.3. The assisting apparatus

The assisting apparatus of the Supreme People's Court has a number of administrative
units, such as: The Office, the Department of Organization and Personnel, the
Department of Legal and Scientific Management, etc…These units do not have
judges and do not hold trials.

3. Judges Committee of High People’s Courts

The Judge Committee of the High People's Courts shall consist of Chief Judge, Deputy Chief
Judges, who are senior judges, and other senior judges selected by Chief Justice of the
Supreme People's Court at the proposal of Chief Judge of the High People's Courts.

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 Members of the Judge Committee of the People's Courts shall be between eleven and
thirteen.

Judge Committee of High People's Court shall have the following duties and powers:
 To review, under cassation or re-opening procedure, legally effective judgments or
decisions of People's Courts of provinces, cities directly under the central authority,
People's Courts of rural districts, urban districts, towns, cities or the equivalents within
their territorial jurisdiction which are protested against in accordance with the
procedural laws.
 To study and provide opinions on reports of Chief Judge of the High People's Courts on
court business to be submitted to the Supreme People's Court.

A meeting of the Judicial Committee of a High People's Courts shall be attended by at least
two-thirds of its total members. Decisions of the Judicial Committee shall be voted for by
more than half of its total members.

Hearings of Judge Committee of the High People's Courts

The Judge Committee of the High People's Courts shall hear cases under cassation and re-
opening procedure by either a panel of 3 Judges or all judges of the Judge Committee of the
High People's Court which is decided in accordance with the procedural laws.
III. COURTS OF PROVINCES AND CENTRALLY RUN CITIES (63 Provincial Courts)
1. Functions and powers
To conduct first-instance trials of cases prescribed by law.

To conduct appellate trials of cases in which first-instance judgments or decisions.

To review legally effective judgments and decisions of people’s courts of rural districts,
urban districts, towns, provincial cities and the equivalent, and request chief justices of
superior people’s courts or the Chief Justice of the Supreme People’s Court to consider and
make protests when detecting violations of law or discovering new circumstances.

To settle other matters as prescribed by law.

2. Organizational structure
2.1. The Judicial Committee
The judicial committee of a people’s court of a province or centrally run city shall be
composed of the Chief Justice, Deputy Chief Justices and a number of judges.

The number of members of the judicial committee shall be decided by the Chief
Justice of the Supreme People’s Court according to the suggestion of the Chief
Justice of the people’s court of the province or centrally run city.

Meetings of the judicial committee of a people’s court of a province or centrally run

city shall be chaired by the chief justice.

2.2. Specialized courts

Including: The Criminal Court, the Civil Court, the Administrative Court, the
Economic Court, the Labor Court and the Family and Juvenile Court. These units are
all specialized units, with judges working and directly organizing the trial of cases.

2.3. The assisting apparatus

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 The assisting apparatus of the Supreme People's Court has a number of administrative
units, such as: The Office, the Department of Organization and Personnel, the
Department of Legal and Scientific Management, etc…These units do not have
judges and do not hold trials.
3. Judges Committee of People’s Court of provinces and municipalities
The Judge Committee of People's Courts of provinces or municipalities consists of Chief
Judge, Deputy Chief Judge, and other judges. The number of Judge Committee members is
decided by the Chief Justice of the Supreme People's Court at the proposal of Chief Judges of
People's Courts of provinces or municipalities.
Meetings of the Judge Committee of People's Courts of provinces or municipalities are
chaired by the Chief Judge.

The Judge Committee of People's Courts of provinces or municipalities city shall have the
following duties and powers:
 To discuss the implementation of work plans, programs of People's Courts of provinces,
municipalities;
 To study reports of the Chief Judges of People's Courts of provinces, municipalities to be
submitted to the Supreme People's Court and People's Council of the same level;
 To summarize adjudication practices;
 To discuss recommendations made by Chief Judges of People's Courts of provinces,
municipalities to the Chief Judge of the High People's Court or Chief Justice of the
Supreme People's Court for the review of legally effective judgments and decisions
under cassation or reopening procedure at the request of the Chief Judges.

However, unlike the Superior people's court, at the Provincial People's Court, only the
Specialized Courts can organize the adjudication of cases under the jurisdiction of the
Provincial People's Courts, i.e. adjudicating both the trial and appellate levels.
IV. COURTS OF RURAL DISTRICTS, URBAN DISTRICTS, TOWNS, PROVINCIAL
CITIES AND EQUIVALENT (710 District Courts)
1. Functions and powers
To conduct first-instance trials of cases prescribed by law.

To settle other matters prescribed by law.

2. Organizational structure
2.1. Criminal Court, Civil Court, Family and Juvenile Court, Administrative Court
The People's Courts of rural districts, urban districts, towns, cities and the equivalents
may have criminal, civil, family and juvenile, and administrative courts. In case of
necessity, the National Assembly Standing Committee may decide to establish other
specialized tribunals at the proposal of the Chief Justice of the Supreme People’s
Court. Based on the adjudication requirements and practices of courts of rural
districts, urban districts, towns, provincial cities and the equivalent, the Supreme
People’s Court shall decide on the organization of specialized tribunals.

2.2. The assisting apparatus

The assisting apparatus of the Supreme People's Court has a number of administrative
units, such as: The Office, the Department of Organization and Personnel, the
Department of Legal and Scientific Management, etc…These units do not have
judges and do not hold trials. The Chief Justice of the Supreme People's Court shall
decide to establish and stipulate the tasks and powers of the assisting apparatus of the

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 People's Court of rural districts, urban districts, towns, provincial cities, and the
equivalent.
V. MILITARY COURTS (3 types)
1. Functions and powers
Military courts shall be organized in the Vietnam People’s Army to try cases involving
defendants who are in-service army men and other cases prescribed by law.
2. Organizational structure
2.1. The Central Military
 Duties:
To conduct appellate trials of cases in which first-instance judgments or decisions of
military courts of military zones which have not yet taken legal effect are appealed or
protested against in accordance with the Criminal Procedure Code.

To conduct according to cassation or reopening procedure trials of cases in which

legally effective judgments or decisions of military courts of military zones or the
equivalent or of regional military courts are protested against in accordance with the
Criminal Procedure Code

 Structure:
Organizational structure of the Central Military Court:
· The Judicial Committee
· The Appellate Court
· The assisting apparatus (The Chief Justice of the Supreme People’s Court shall
decide on the establishment and stipulate duties and powers of the assisting
apparatus of the Central Military Court after reaching agreement with the Minister of
National Defense.)
2.2. Military courts of military zones and the equivalent
 Duties:
To conduct first-instance trials of cases prescribed by the Criminal Procedure Code.

To conduct appellate trials of criminal cases in which first-instance judgments or

decisions of regional military courts which have not yet taken effect are appealed or
protested against in accordance with the Criminal Procedure Code.

To perform other duties and exercise other powers prescribed by law.

 Structure:
The organizational structure of a military court of a military zone or the equivalent
consists of:
· The Judicial Committee
· The assisting apparatus.
2.3. Regional military courts
 Duties:
To conduct first-instance trials of cases prescribed by the Criminal Procedure Code.

To perform other duties and exercise other powers prescribed by law.

 Structure:
A regional military court has its chief justice, deputy chief justices, judges, court
clerks, other civil servants and employees. (The Chief Justice of the Supreme
People’s Court shall decide on the establishment and stipulate duties and powers of

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 the assisting apparatus of regional military courts after reaching agreement with the
Minister of National Defense.)
3. Judge Committee of the Central Military Court
The Judge Committee of the Central Military Court is composed of Chief Judge, Deputy
Chief Judges, who are senior judges and other senior judges to be decided by Chief Justice of
the Supreme People's Court at the proposal of Chief Judge of the Central Military Court.
Members of the Judge Committee of the Central Military Court shall not exceed 7 persons.

Judge Committee of the Central Military Court has the following duties and powers:
 To review, under cassation and re-opening procedure, legally effective judgments,
decisions of Courts of military zones, regions and the equivalents which are protested
against following the Criminal Procedural Code;
 To study and provide opinions on reports of the Chief Judge of the Central Military
Court on the business of Military Courts to be submitted to the Chief Justice of the
Supreme People's Court and the Minister of Defense.

Meetings of the Judge Committee of the Central Military Court shall be attended by at least
two-thirds of its members; decisions of the Judicial Committee of the Central Military Court
shall be adopted by an absolute majority.
C. PROFESSIONAL TITLES IN THE COURT
I. DEFINITION
Administrative-professional titles are administrative titles related to the organization of trial
work in the court. Working in the People's Court of Vietnam has many titles such as:
Chief Justice, Deputy Chief Justice, Judge, Jury, Court Clerk, Examiner. The first four titles are
only specialized administrative titles. The remaining titles are called judicial titles, directly or
indirectly related to the performance of the judicial function.
II. CHARACTERISTICS
The holders of these titles are all judges. The title of judge gives them the status to sit on the trial
panel, while with the administrative-professional title, they have a number of administrative
tasks and powers related to the organization of trial work in the unit they depend on. blame.

To distinguish, in Vietnamese courts, there are also common administrative titles, for example,
Director, Chief of Office. These titles carry out normal administrative responsibilities, not the
work of organizing the trial.
III. ADMINISTRATIVE AND PROFESSIONAL POSITIONS
1. Administrative – professional titles in the Supreme People’s Court
In the current Supreme People's Courts, there are two administrative and professional titles:
Chief Justice of the Supreme People's Court and Deputy Chief Justice of the Supreme
People's Court.
1.1. The Chief Justice of the Supreme People’s Court
The Chief Justice of the Supreme People’s Court is the head of the Supreme People's
Court and also heads the entire court system. The Chief Justice of the Supreme
People’s Court shall be elected, relieved from duty or dismissed by the National
Assembly at the proposal of the President.

The term of the Chief Justice of the Supreme People’s Court must follow the term of
the National Assembly. Upon the expiration of the term of the National Assembly,
the incumbent Chief Justice of the Supreme People’s Court shall continue to perform
his/her duties until the National Assembly of the new legislature elects a new Chief
Justice.

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 1.2. The Deputy Chief Justices of the Supreme People’s Court.
Deputy Chief Justices of the Supreme People’s Court shall be appointed by the
President from among judges of the Supreme People’s Court. The president also is
the person who will relieve the duty or dismiss the Deputy Chief Justice of the
Supreme People's Court at the proposal of the Chief Justice. The term of Deputy
Chief Justices of the Supreme People’s Court is 5 years from the date of appointment.

Deputy Chief Justices of the Supreme People’s Court shall assist the Chief Justice in
performing his or her duties as assigned by the latter. When the Chief Justice is
absent, a Deputy Chief Justice authorized by the Chief Justice will lead the work of
the Court. Deputy Chief Justices shall be responsible to the Chief Justice for their
assigned tasks, at the same time to perform the duties and exercise the powers
prescribed by the procedural law.
2. Administrative – professional titles in the High People’s Court, Provincial People’s
Court and District People’s Court
People's Court:
In the the High People's Court, the Provincial People's courts, and the District People's courts
all have two administrative and professional titles, there are:
 At the head of the specialized courts is the Chief Justice
 Assistant to the Chief Justice is the Deputy Chief Justice.

The Chief Justices and Deputy Chief Justices of the courts are appointed, relieved of duty
and dismissed by the Chief Justice of the Supreme People's Court, each with a management
term of 5 years from the date of appointment.
IV. JUDGES AND JURORS
1. Judge
Judges and jurors are responsible for adjudicating cases and fundamentally participate in
trial panels to perform the court's adjudication function. Both of these titles have special
formation procedures that match the professional requirements of their jobs. “The system of
appointing judges and electing, appointing jurors” decides on the requirements for different
qualifications and forms of formation of each title.

1.1. The role of judges in people’s courts

Judge is a professional adjudicator title and is a public servant. In the panel of judges,
judges are considered as highly qualified experts in the law. The judge has the role of
"carrying" the judicial function of the court. It can be said that the judge is the
presence of the state in the performance of the adjudication function. While jurors
appear only on trial panels, judges appear on all panels.

1.2. Judge categories

The court system divides the position of judges into 4 categories following the rank
from top to bottom, specifically: Judges of the People's Court, Senior Judges,
Intermediate Judges and Primary Judges:
 Judges of the People's Court only work at the Supreme People's Court.
 Senior judges can work at the People's Courts and provincial People's Courts.
 Intermediate-level judges can work at provincial-level People's Courts, district-
level People's Courts, military zones-level military courts, and regional military
courts.
 Primary judges can work at the People's Court and military courts of military
zones, district people's courts and military courts.

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 1.3. Criteria of judge appointment
Criteria to become a judge include general standards that apply to all branches of
justice and specific standards that apply to each category of judges.

 General standard:
· Standards of personality – morality: being the Vietnamese people with good
moral qualities, strong political courage, spirit of justice protection, integrity, integrity
and good health.

· Standard of professional qualifications: having a professional qualification in

law or higher, having been trained in adjudication, having time in law practice.

 Separate standards for each category:

· For primary-level judges: Having 5 years of legal experience or more, having
judging capacity, and having passed the examination for selection of primary-level
judges.
· For intermediate-level judges: Having full 5 years of legal experience or more
than 13 years of legal work experience, having judging capacity, and having passed
the examination for selection of intermediate-level judges.
· For senior judges: Having full 5 years of legal experience or more than 18 years
of legal practice, being capable of adjudicating cases under the jurisdiction of the
People's Courts or the Central Military Courts, having passed the examination for
selection of senior-level judges.
· For judges of the Supreme People's Court: Having senior judge experience of
5 years or more and being capable of adjudicating cases under the jurisdiction of the
People's Court.

Although the condition to become a judge focuses a lot on previous professional

qualifications or seniority as a judge. According to current law, this condition is not
absolute. In case of necessity, it is possible to recruit people who do not have
seniority as a judge but have seniority in legal work.
1.4. Procedure of judge appointment
The process of appointing judges is the main content of the “The system of
appointing judges”
 To become a judge of the Supreme People's Court, candidates must be selected
and nominated by the National Judicial Selection
 To become a primary, intermediate or senior judge, candidates must first pass the
corresponding selection exam organized by the Examination Council for each
category.
2. Juror
2.1. Classification of jurors
In Vietnam, there are two types of jurors:
 People's Jurors work in district-level and provincial-level People's Courts.
 Military Jurors work in regional military courts and military zone-level military
courts.

This classification is based solely on the criteria of the courts they serve, rather than
the distinction between high and low ranks as for judges.

2.2. Role of jurors

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 According to the principle of "first-instance trial with participatory jurors", jurors
represent the "attention" of the society in first-instance adjudication activities.
Therefore, jurors are not professional adjudicators and are not public servants.

2.3. Criteria to become a juror

The criteria for becoming a juror are not about professionalism, but about the
community prestige and other ethical qualities. Jurors need legal knowledge and
social understanding but they do not need professional degrees and certifications as
judges.

2.4. Procedures of juror establishment

 People's Jurors are elected by the People's Council corresponding to the first-
instance court level and according to the selection and recommendation of the
Vietnam Fatherland Front Committee.
 Military Jurors of zone-level military courts shall be appointed by the Director of
the General Department of Politics of the Vietnam People's Army and on the
recommendation of a political agency of the military zone, army corps, service,
general military department or equivalent level committee.
 Military Jurors of a regional military court shall be appointed by the Political
Commissar of the military zone, army corps, service, general military department
or equivalent level committee and according to the recommendation of the
political body of the division or equivalent level.

2.5. Term of office

Jurors also serve the same term as judges, but the term for each kind of juror is
different.
 People's Jurors have a term of office according to the term of the People's Council
that has elected them.
 Military Jurors have a fixed term of five years from the date of appointment.

REFERENCES
1. The Supreme People’s court of the Socialist Republic of
Vietnam https://www.toaan.gov.vn
2. Legal document - The constitution of the socialist republic of Viet Nam

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