Judges – Relevant Legal Provisions
Who is a Judge?
A Judge is a person who meets the criteria and conditions prescribed by this Law and is appointed by the President to perform the task of adjudication and other duties and powers as prescribed by this Law and other relevant legal provisions.
How is the Oath of a Judge Taken?
A Judge upon appointment must take an oath to remain absolutely loyal to the Fatherland, to the People, and to the Constitution of the Socialist Republic of Viet Nam; to perform the assigned duties and powers with honesty and dedication; to practice justice in compliance only with the law, with impartiality and fairness; and to abide by the code of ethics and conduct of Judges.
The Chief Justice of the Supreme People’s Court shall provide regulations on the manner in which Judges take the oath.
Ranks and Grades of Judges
1. Judges shall consist of the following ranks:
a) Justices of the Supreme People’s Court;
b) Judges of the People’s Courts.
2. The Standing Committee of the National Assembly shall regulate the grades of Judges of the People’s Courts, the conditions for each grade, and the promotion of Judges of the People’s Courts upon the proposal of the Chief Justice of the Supreme People’s Court.
Appointment of Judges
1. Judges of the Supreme People’s Court shall be appointed by the President based on the resolution of approval by the National Assembly at the request of the Chief Justice of the Supreme People’s Court.
2. Judges of People’s Courts shall be appointed by the President at the request of the Chief Justice of the Supreme People’s Court.
3. The first-time appointment of a Judge of the People’s Court must go through the judicial selection examination, except for cases stipulated in Clause 2, Article 95 of the 2024 Law on the Organization of People’s Courts.
Duties and Powers of Judges of the Supreme People’s Court
1. Perform the duties and powers of a member of the Judicial Council of the Supreme People’s Court.
2. Participate in training, professional development, teaching, and scientific research.
3. Perform other duties and powers in accordance with the law and as assigned by the Chief Justice of the Supreme People’s Court.
Judicial Ranks of the People’s Court
The judicial ranks of the People’s Court include:
1. First-rank Judge of the People’s Court;
2. Second-rank Judge of the People’s Court;
3. Third-rank Judge of the People’s Court.
Duties and Powers of Judges of the People’s Court
1. Perform the duties and powers specified at Points a, b, c, d, and đ of Clause 2, Article 3 of the 2024 Law on the Organization of People’s Courts.
2. Judges of the People’s Court working at the Supreme People’s Court shall have the following duties and powers:
a) Conduct trials and adjudicate cases at the Appellate Court of the Supreme People’s Court; adjudicate and settle cases at other courts as assigned by the Chief Justice of the Supreme People’s Court;
b) Review and decide on the acceptance of petitions, requests, and recommendations for cassation or reopening proceedings as assigned by the Chief Justice of the Supreme People’s Court;
c) Propose to the Chief Justice of the Supreme People’s Court and Judges of the Supreme People’s Court on handling petitions, requests, and recommendations for cassation or reopening proceedings;
d) Examine and assess documents and evidence in accordance with the law;
đ) Prepare reports and draft conclusions on the review of case files, documents, and evidence where court judgments or decisions have taken legal effect, and submit them to the Judges of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, or the Judicial Council of the Supreme People’s Court;
e) Respond to petitions, requests, and recommendations for cassation or reopening proceedings as stipulated by the Chief Justice of the Supreme People’s Court;
g) Propose to the Chief Justice of the Supreme People’s Court to resolve complaints in procedural activities in accordance with the procedural law;
h) Propose to the Chief Justice of the Supreme People’s Court on tasks and powers relating to the execution of death penalty judgments and the amnesty process in accordance with the law;
i) Propose to the Chief Justice of the Supreme People’s Court and the Judicial Council of the Supreme People’s Court the development of case law from legally effective court judgments and decisions;
k) Propose lessons learned and measures to ensure uniform application of the law in adjudication and case resolution.
3. Perform other duties and powers as assigned by the Chief Justice and in accordance with the law.
Criteria for Judges of the People’s Court
1. Must be a Vietnamese citizen, loyal to the Fatherland and the Constitution, with good moral character, strong political will, courage and determination to protect justice, honesty, and integrity.
2. Must be at least 28 years old.
3. Must hold a bachelor’s degree in law or higher.
4. Must have undergone judicial professional training.
5. Must have practical experience in legal work.
6. Must be physically fit to fulfill assigned duties.
Conditions for Appointment of Judges of the People’s Court
1. A person who meets the criteria under Article 94 of the 2024 Law on the Organization of People’s Courts and the following conditions may be selected and appointed as a Judge of the People’s Court; if being an active-duty military officer, he/she may be selected and appointed as a Judge of Military Courts:
a) Having at least 05 years of experience in legal work; capable of adjudicating and resolving cases within the jurisdiction of the court as provided by law;
b) Having passed the judicial selection examination.
2. In special cases, a person who meets the criteria specified in Clauses 1, 3, 5, and 6 of Article 94 of the 2024 Law on the Organization of People’s Courts may be appointed as a Judge of the People’s Court; if being an active-duty military officer, he/she may be selected and appointed as a Judge of Military Courts when falling into one of the following categories:
a) Having at least 10 years of experience in legal work and being assigned by a competent authority to hold the position of head of a district-level People’s Court or a regional Military Court;
b) Having at least 15 years of experience in legal work and being assigned by a competent authority to hold the position of head of the Appellate Court of the Supreme People’s Court, a provincial-level People’s Court, a Military Court of a military zone or equivalent, or the Central Military Court.
Criteria and Conditions for Appointment of Judges of the Supreme People’s Court
1. A person who meets the criteria specified in Clauses 1, 3, 5, and 6 of Article 94 of the 2024 Law on the Organization of People’s Courts and the following conditions may be selected and appointed as a Judge of the Supreme People’s Court:
a) Must be at least 45 years old;
b) Must have at least 20 years of service in the court system, including at least 10 years as a Judge of the People’s Court. In special cases, must have at least 05 years as a Judge of the People’s Court or currently be a Judge of the People’s Court with at least 05 years as a Director of a professional department of the Supreme People’s Court. The number of appointments under this provision shall not exceed 10% of the total number of Judges of the Supreme People’s Court and must be approved by competent authorities;
c) Must be capable of adjudicating and resolving cases and other matters under the jurisdiction of the Supreme People’s Court in accordance with the law.
2. Persons not working at courts but having high social prestige, meeting the criteria specified in Clauses 1 and 6 of Article 94 of the 2024 Law on the Organization of People’s Courts, and satisfying the conditions specified at Points a and c, Clause 1 of Article 96 of the 2024 Law on the Organization of People’s Courts, and following the prescribed procedures, may be selected and appointed as Judges of the Supreme People’s Court if they fall into one of the following categories:
a) Persons holding important positions in central agencies or organizations with profound knowledge of politics, law, economics, culture, society, national security, defense, and diplomacy;
b) Experts, lawyers, university lecturers, or legal scholars with advanced qualifications in law, holding important positions in political organizations, socio-political organizations, socio-political–professional organizations, or socio-professional organizations.
3. The number of Judges of the Supreme People’s Court appointed under Clause 2 of this Article shall not exceed three persons.
Procedures for Approval and Appointment of Judges of the Supreme People’s Court
1. The Chief Justice of the Supreme People’s Court shall submit to the National Assembly a proposal for the approval of the appointment of Judges of the Supreme People’s Court.
2. The dossier for approval by the National Assembly shall be sent to the Standing Committee of the National Assembly for review and for inclusion in the agenda of the nearest session of the National Assembly.
3. The Judicial Committee of the National Assembly shall be responsible for examining the submission for approval of the appointment of Judges of the Supreme People’s Court.
4. The National Assembly shall consider and pass a resolution approving the appointment of Judges of the Supreme People’s Court.
5. Based on the approval resolution of the National Assembly, the President shall decide on the appointment of Judges of the Supreme People’s Court.
6. Judges of the Supreme People’s Court shall take an oath in accordance with Article 89 of the 2024 Law on the Organization of the Supreme People’s Court.
Procedures for Nomination and Reappointment of Judges of the People’s Court
The Chief Justice of the Supreme People’s Court shall prescribe the procedures for nomination and reappointment of Judges of the People’s Court.
Judicial Selection Examination Council of the People’s Court
1. The Judicial Selection Examination Council of the People’s Court shall include the Chief Justice of the Supreme People’s Court as Chairperson; one Deputy Chief Justice of the Supreme People’s Court, and representatives of the Ministry of National Defense and the Ministry of Home Affairs as members. The list of Council members shall be decided by the Chief Justice of the Supreme People’s Court.
2. The Judicial Selection Examination Council of the People’s Court shall have the following duties and powers:
a) Organize the judicial selection examination;
b) Announce the list of successful candidates.
3. The regulations on the operation of the Judicial Selection Examination Council and the regulations on the judicial selection examination shall be prescribed by the Chief Justice of the Supreme People’s Court.
Term of Office of Judges
1. The term of office of a Judge of the Supreme People’s Court shall last from the date of appointment until retirement or reassignment to another position.
2. A Judge of the People’s Court who is appointed for the first time shall serve a term of five (05) years from the date of appointment. A reappointed Judge of the People’s Court shall serve until retirement or reassignment to another position.
3. A Judge of the People’s Court who is transferred to another position within the court system, when reassigned as a Judge of the People’s Court, shall not be required to retake the judicial selection examination and shall be placed in the corresponding rank. In this case, the term of office shall last until retirement or reassignment to another position.
4. A Judge who does not meet the conditions for reappointment shall be assigned to another suitable position. When such a person later meets the conditions for appointment as a Judge of the People’s Court and expresses a desire to serve, he/she must retake the judicial selection examination; in this case, the term of office shall be considered the first term.
Regimes and Policies for Judges
Judges shall be entitled to the following regimes and policies:
1. Salary and allowances in accordance with Article 142 of the 2024 Law on the Organization of People’s Courts;
2. Consideration of entitlements and policies applicable to wounded soldiers or recognition as martyrs, and other entitlements under the law if their life or health is harmed due to official duty;
3. Training and professional development to improve knowledge and skills;
4. Provision of uniforms and Judge identification cards for official duties;
5. Honors and commendations under the laws on emulation and commendation;
6. Other regimes and policies as prescribed by law.
Protection of Judges
1. Judges shall have their honor and reputation respected and shall be protected while performing official duties and, when necessary, outside official duties.
2. The following acts are strictly prohibited:
a) Threatening, infringing upon the life or health, or insulting the honor, dignity, reputation, rights, and lawful interests of Judges or their relatives when Judges are performing official duties or due to official duties;
b) Obstructing Judges in the performance of their official duties;
c) Influencing the independence of adjudication, adherence to the law, impartiality, and objectivity of Judges while performing official duties.
3. If the honor or dignity of a Judge is insulted in the course of official duty, the Judge or the Chief Justice of the Court where the Judge works may request the relevant agency, organization, or individual to cease the insulting conduct and make a public apology. Such agency, organization, or individual must immediately cease the violation.
4. If the personal safety of a Judge or the Judge’s relatives is threatened due to the Judge’s performance of duties, the Chief Justice of the Court where the Judge works shall request the competent police authority to take necessary measures to ensure their safety. The police authority receiving the request shall assess the nature and severity of the threat and take appropriate protective measures.
5. A Judge who has issued a judgment or decision that is later annulled or amended shall only bear responsibility if there was subjective fault, as provided by law. The Chief Justice of the Supreme People’s Court shall provide detailed regulations for this Clause.
6. Agencies, organizations, or individuals committing acts specified in Clause 2 of this Article shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution in accordance with the law.
7. The Standing Committee of the National Assembly shall regulate the regime of protection for Judges at the request of the Chief Justice of the Supreme People’s Court.
Responsibilities of Judges
1. Be loyal to the Fatherland, comply with the Constitution and laws, and firmly protect justice.
2. Respect the People, devote themselves to serving the People, maintain close relations with the People, and be subject to the supervision of the People.
3. Adjudicate independently and only in accordance with the law; be impartial and objective in adjudication; comply with codes of conduct and judicial ethics, and uphold the reputation of the Court.
4. Protect the interests of the State, public interests, and the lawful rights and interests of organizations and individuals.
5. Protect the lawful rights and interests of defendants, accused persons, victims, litigants, and other participants in proceedings in accordance with the law.
6. Maintain State secrets and work-related secrets as prescribed by law.
7. Engage in study, research, training, and experience accumulation to improve legal knowledge, professional qualifications, adjudication skills, ethics, political integrity, and professionalism.
8. Participate in training on professional knowledge, adjudication skills, relevant social knowledge, ethics, responsibility, and judicial conduct as required by the Chief Justice of the Supreme People’s Court.
9. Bear legal responsibility for the performance of their duties and powers.
Prohibited Acts for Judges
1. Acts prohibited by law for public officials and civil servants.
2. Violations of codes of conduct and judicial ethics.
3. Advising defendants, accused persons, litigants, or other participants in proceedings regarding cases under their jurisdiction, or participating in the resolution of such cases.
4. Illegally interfering in adjudication or resolution of cases, or abusing their influence to affect those responsible for adjudication or resolution.
5. Taking case files or documents outside the agency, except where necessary for official duties or with authorization from a competent person.
6. Receiving defendants, accused persons, litigants, or other participants in proceedings in cases under their jurisdiction outside designated venues.
7. Abusing or misusing power; harassing, delaying, or causing difficulties or trouble for the People, defendants, accused persons, litigants, other participants in proceedings, or procedural officials.
8. Coercing or suggesting to defendants, accused persons, litigants, other participants in proceedings, or procedural officials to provide documents, statements, or accounts that are not objective or truthful.
9. Violating laws on power control, anti-corruption, and prevention of negative practices.
10. Acting as lawyers, notaries, bailiffs, arbitrators, mediators, legal aid providers, auctioneers, or bankruptcy trustees; providing legal consultancy to commercial legal entities; or contributing capital to law firms, notary offices, bailiff offices, or arbitration centers.
Information on Judges Violating the Law
1. If a Judge of the Supreme People’s Court is temporarily detained for being caught in the act of committing a crime, the detaining authority must immediately report to the President and notify the Chief Justice of the Supreme People’s Court. In cases of arrest, detention, prosecution, or search of the residence or workplace of a Judge of the Supreme People’s Court, the investigating authority must immediately report to the President and notify the Chief Justice of the Supreme People’s Court.
2. If a Judge of the People’s Court is temporarily detained for being caught in the act of committing a crime, the detaining authority must immediately notify the Chief Justice of the Supreme People’s Court. In cases of arrest, detention, prosecution, or search of the residence or workplace of a Judge of the People’s Court, the investigating authority must immediately notify the Chief Justice of the Supreme People’s Court.
Reassignment, Rotation, and Secondment of People’s Court Judges
1. The reassignment of People’s Court Judges is carried out to ensure that courts can perform their adjudicatory and other tasks in accordance with the law.
2. The rotation of People’s Court Judges holding leadership or managerial positions in the courts is conducted to meet work requirements and personnel planning needs.
3. The secondment of People’s Court Judges is implemented to ensure that courts can carry out adjudicatory and other duties in accordance with the law. The duration of secondment shall not exceed three (03) years.
4. The reassignment, rotation, and secondment of People’s Court Judges shall be carried out under the authority delegated by the Chief Justice of the Supreme People’s Court.
The Chief Justice of the Supreme People’s Court shall stipulate the delegation of authority for the reassignment, rotation, and secondment of People’s Court Judges.
5. The reassignment and rotation of judges of military courts shall be decided by the Minister of National Defense after consultation with the Chief Justice of the Supreme People’s Court. The secondment of judges from one military court to perform temporary duties at another military court shall be decided by the Minister of National Defense.
Dismissal of Judges
1. Judges shall automatically be dismissed upon retirement, resignation, or transfer to another position.
2. Judges may be dismissed due to health reasons, failure to fulfill their duties, or for other reasons.
3. Judges may be dismissed upon their own request.
Removal of Judges from Office
1. Judges shall automatically be removed from office when convicted by a legally effective court judgment or when subject to compulsory dismissal.
2. Depending on the nature and seriousness of the violation, judges may be removed from office in any of the following cases:
a) Violations in adjudication or in handling cases within the jurisdiction of the court;
b) Engaging in conduct as stipulated in Article 104 of the 2024 Law on the Organization of the People’s Courts;
c) Violations of ethical standards;
d) Other violations of law.
Procedures for Dismissal and Removal of Judges from Office
1. The National Judicial Selection and Oversight Council shall review cases of dismissal and removal of judges upon the proposal of the Chief Justice of the Supreme People’s Court.
2. The dismissal and removal of Supreme People’s Court Judges shall follow the procedures set out in Clauses 1, 2, 3, 4, and 5 of Article 97 of the 2024 Law on the Organization of the People’s Courts.
3. Based on the recommendations of the National Judicial Selection and Oversight Council, the Chief Justice of the Supreme People’s Court shall submit to the President for decision the dismissal or removal of People’s Court Judges.
4. The procedure for proposing dismissal and removal of People’s Court Judges shall be provided by the Chief Justice of the Supreme People’s Court.
Resolution of Petitions and Complaints Regarding the Appointment, Dismissal, Removal, Commendation, Discipline, Reassignment, Rotation, and Secondment of Judges
1. The National Judicial Selection and Oversight Council shall review petitions related to the appointment, dismissal, removal, commendation, or discipline of judges. For petitions concerning appointment, dismissal, or removal of judges that are well-founded, the Council shall recommend that the Chief Justice of the Supreme People’s Court submit the matter to the President for consideration and decision.
For well-founded petitions concerning commendation or discipline, the Council shall recommend that the competent authority or individual review and resolve the matter.
2. The Chief Justice of the Supreme People’s Court shall resolve complaints concerning the reassignment, rotation, or secondment of People’s Court Judges in accordance with the law.
Legal grounds:
– Articles 88 to 110 of the 2024 Law on the Organization of the People’s Courts;
– Clauses 15, 16, and 17 of Article 1 of the 2025 Law amending the Law on the Organization of the People’s Courts;
– Articles 1 to 7 of Resolution No. 67/2025/UBTVQH15 on ranks, conditions for each rank, rank promotion, and the number and structural ratio of ranks of People’s Court Judges;
– Resolution No. 82/2025/UBTVQH15 amending and supplementing certain provisions of resolutions of the Standing Committee of the National Assembly concerning ranks, conditions for each rank, rank promotion, and the number and structural ratio of ranks of People’s Court Judges.
