Topic Comments On The Training Of Judges Invietnam.pdf

lOMoARcPSD|38368692 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY FACULTY OF LEGAL FOREIGN LANGUAGES GROUP WORK ASSIGNMENT COURSE: Introduction to the Vietnamese legal system Topic: Comments on the training of judges in Vietnam GROUP : 03 CLASS : A.BTTC24 (N02) Hanoi, 2023 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 MINUTES OF THE RESULT AND LEVEL OF PARTICIPATION IN GROUP WORK ASSIGNMENT Date: 05/05/2023 Address: Hanoi Law University Group: 03 Class: N02 Total number of members: 10 + Present: + Absent: Name of the assignment: Group Assignment Subject: Introduction to the Vietnamese legal system Topic: Comments on the training of judges in Vietnam Determine the level and result of the participation of each student in group work assignment Here is the result: Student Student’s Teacher’s assessment No ID self- Full name Member’s Student’s Grade Grade number part assessment signature in in Trần Thanh Phương 453129 (leader) ABC number word Teacher’s 2, 453121 signature 453122 Bùi Thị Hải Yến x 453123 Ngô Thị Diệu Linh x 453124 Nguyễn Thị Hồng x 453125 x 453126 Hạnh x 453127 Nguyễn Sỹ Bảo Sơn x 453128 Nguyễn Đình Phúc x 10 453130 Nguyễn Mạnh Hải x x Anh x Đoàn Hà Trinh Vũ Ngọc Ánh Nguyễn Thị Cẩm Nhung The result of the writing:………………………… Hanoi, 05th May 2023 - 1st teacher’s assessment:………………………… - 2nd teacher’s assessment:………………………… The result of the presentation:…………………… The final grade:…………………………………… The final assessment of the teacher:……………… Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 Contents I) INTRODUCTION _1 II) CONTENT 1 Judicial system in Vietnam _1 Criteria, general duties and powers of judges _2 2.1 Criteria of judges 2.2 General duties and powers of judges _2 Limitations and suggestions in the training of judges in Vietnam _3 3.1 Limitations in the training of judges in Vietnam 3.2 Suggestions to improve the training of judges in Vietnam _5 III) CONCLUSION REFERENCES _11 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 I) Introduction In recent years, Vietnam has tried its best to become a rule-of-law nation In order to that, the Vietnamese government has to build a strong and stable legal framework for the courts to apply and interpret With the aim to apply and interpret the law clearly and precisely, the training of judges plays an important role since only skillful and experienced judges are able to apply and interpret the law to solve cases Therefore, in this assignment, we will analyze the training of judges in Vietnam and give some suggestions to improve it II) Content Judicial system in Vietnam The judicial system of Vietnam comprises the people's courts, military tribunals, and people's procuracy The highest court in the country is the Supreme People's Court Underneath the Supreme People's Court are three levels of courts: the superior people's courts, of which there are three; the provincial-level people's courts, of which there are 63; and district- level people's courts, which is the lowest level The superior courts are appellate courts based in Hanoi, Danang, and Ho Chi Minh City, each responsible for the northern, central, and southern regions of the country, respectively Provincial and municipal courts are both trial courts and appellate courts, while district courts are trial courts There are military tribunals established at various levels in the Vietnam People's Army, the highest one being the Central Military Tribunal, which is subordinate to the Supreme People's Court The Supreme People's Court is headed by the Chief Justice of the Supreme People's Court, who is appointed by the National Assembly of Vietnam The People’s procuracy (also known as the People’s Office of Inspection and Supervision) serves as the prosecutorial authority in Vietnam They also have the responsibility to supervise and inspect judicial compliance by government agencies and officials There is a people's procuracy for every people's court, and the military has its military procuracies The highest procuracy is the Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 Supreme People's Procuracy, headed by the Chief Procurator of the Supreme People's Procuracy, who is appointed by the National Assembly Criteria, general duties and powers of judges 2.1 Criteria of judges According to Law on the Organization of People's Courts 2014; Article 67: Criteria for Judges1 Being a Vietnamese citizen, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having good moral qualities, having a firm political will, a courageous spirit, and resolute protection upholding justice, integrity, and honesty Possess a bachelor's degree in law or higher Has been trained in adjudication Having time to legal practice Having good health to complete assigned tasks 2.2 General duties and powers of judges Legal documents: Ordinance on Judges and Assessors of People's Courts 2002 (articles 9, 10, 11, 12, 15, 16) Main tasks and performance skills:2  Judges are in charge of adjudicating cases and settling other matters under the jurisdiction of the Courts as assigned by the Chief Justices of the Courts where they work or the Courts where they are seconded to perform their duties for a limited time (Article 11 Ordinance on Judges and Assessors of People's Courts)  Judges have the right to request agencies, organizations, and individuals to execute decisions related to the settlement of cases or other matters as prescribed by law (Article 12 of the Ordinance on Judges and Assessors of People's Courts) Law on the organization of People's Courts 2014 Ordinance on Judges and Assessors of People's Courts 2002 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692  Judges receive professional training in adjudication (Article of the Ordinance on Judges and Assessors of the People's Courts)  Judges may not the following: - Things that are not allowed by law; - Advising the accused, defendants, litigants, or other procedure participants to make the settlement of the case or other matters not by the provisions of law; - Illegally intervening in the settlement of the case or taking advantage of their influence to influence the person responsible for the settlement of the case; - Take the case file or documents in the case file out of the agency, if not for the assigned task or without the consent of the competent person; - Receive the accused, defendants, involved parties, or other procedure participants in cases that they have the competence to settle outside of prescribed places (Article 15 of the Ordinance on Judges and Assessors of the People's Courts)  Judges must refuse to participate in the trial or be changed in cases prescribed by procedural law (Article 16 of the Ordinance on Judges and Assessors of the People's Courts)  When performing their duties and powers, judges and jurors have the right to contact state agencies, the Vietnam Fatherland Front Committee, its member organizations, and other social organizations, economic organizations, people's armed units, and citizens Within the scope of their functions and tasks, agencies, organizations, and citizens have the responsibility to create conditions for judges and jurors to perform their tasks  All acts of obstructing judges and jurors from performing their duties are strictly prohibited (Clause 2, Article 10 of the Ordinance on Judges and Assessors of the People's Courts) Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 Limitations and suggestions in the training of judges in Vietnam 3.1 Limitations in the training of judges in Vietnam In the past few years, there have been important improvements in Vietnam's legal training activities Nearly 30 legal training institutions now exist, including three law universities, 22 faculties, institutes, and academies, as well as five intermediate-level training centers These institutions offer formal training, second- degree training, in-service training, distance learning, and training at various levels, from intermediate to postgraduate Training scale has been enlarged and training scale, materials, and methodologies have all been continuously enhanced However, legal training activities show the following limitations and weaknesses: a) The quality of training, especially informal training, remains low compared to practical requirements Undergraduates have a limited amount of practical knowledge, as well as working methods The objectives of developing leading experts for the nation are not being met by postgraduate education because most of the knowledge is rehashed from university education There is currently no way to control the training quality at training centers b) The scale of training, especially formal training, remains modest The annual number of graduates is great but most of them are from in-service or distance training courses c) Foreign language skills still receive little attention in training programs because their material is still too wide, impractical, and overlapping There are currently no specific training programs available to supply human resources for courts, procuracies, civil judgment enforcement bodies, or law practices d) There are not enough lecturers, particularly professors, associate professors, and prominent legal experts, to meet the demand for expanding the training scale in the near Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 future The lectures of many professors are overly theoretical since they lack real-world experience e) Equipment and training facilities are poor Most training facilities lack gyms, recreation areas, and practice rooms with modern technology The size of most dormitories is insufficient to accommodate all students f) Cultural and ideological barriers There are cultural and ideological barriers that limit the ability of judges in Vietnam to be fully independent and impartial For example, they may face pressure from local government officials or Communist Party leaders to rule in a certain way g) The training quality remains poor and uneven as compared to the requirements of various employers h) Professional training is mainly training in theory on skills but not training based on practical work at courts, procuracies, law firms, or notary offices Training courses are conducted without an internship or with ineffective internships i) There is no common professional training for judges, procurators, and lawyers for implementing the policy on promoting the adversarial process at court hearings, supplementing source personnel for appointment of judges and procurators, and transfer between judicial titles => The above problems are attributable to the following causes:  Legal professional training is completely new in Vietnam so it is an experience-learning process  Lecturers are insufficient; their pedagogic methods and professional skills are unequal, failing to meet requirements There is not yet a formal strategy for training them  Training contents have not yet focused on professional skills, lacking hands-on instructions  The training duration is relatively short (12 months for judges and procurators and months for lawyers, executors, and Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 notaries) so more time is needed for training in specialized professional and international integration knowledge and skills  The quality of recruited trainees is low For some titles such as judge, procurator, and executor, only officers on the state payroll can attend legal professional training courses.3 3.2 Suggestions to improve the training of judges in Vietnam Pay more attention in law-education To develop the contingent of lecturers, mechanisms should be adopted to attract highly qualified experts to work as lecturers for professional legal training institutions Importance should be attached to training lecturers at master and doctoral levels and overseas training in developed countries Mechanisms should be designed to enable lecturers to participate in practical activities such as legal counseling, law practice, jury, judicial assistance, lawmaking, and policy advising Lecturers should receive better treatment regimes and work in a democratic, open, fair and competitive environment so that they can tap their qualifications and strengths to the utmost Current legal training programs should be reviewed and modified to be more practical and responsive to socio-economic development and international integration requirements, ensuring uniformity and transferability of disciplines, specializations, and training forms while taking into account individual learners’ needs Training programs of advanced legal training institutions in the world can be a good source of reference for improving domestic programs Training programs should be designed according to orders of courts, procuracies, and civil judgment enforcement bodies 3Phan Chi Hieu; 06/02/2013; Legal training to serve national development https://vietnamlawmagazine.vn/legal-training-to-serve-national-development-3260.html Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 Credit-based training should be reviewed, evaluated, and adjusted to meet legal training requirements and practical conditions Learner-centered training methods should be promoted to increase participation and practical skills The process to examine and assess training quality should be renovated for all forms of training To equip more practical knowledge for learners, practical knowledge and basic skills should be incorporated into each subject Incorporate practical training Rather than just theoretical lectures, judges should receive practical training that allows them to apply what they have learned in real-life scenarios This can include mock trials, case studies, and simulations In addition, training for judges on emerging issues such as judgment drafting skills and the application of the Code of Ethics and Conduct for Judges implementing the 2015 Civil Procedure Code and Civil Code, as well as the 2015 Criminal Procedure Code and Criminal Code, should be organized by the Supreme People’s Court to enhance the integrity and transparency in the court system in Viet Nam Provide specialized training Depending on the area of law, judges should receive specialized training to enhance their proficiency in that area For example, judges specializing in criminal law can receive training in forensic science, whereas judges in family law can receive training in mediation and counseling Especially, due to the popular application of precedents, judges should have a clear understanding of how precedents are selected and their role both in contributing to this process and in applying precedents Enhance language skills As Vietnam is a multilingual country, judges should be trained in multiple languages to effectively communicate with Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 people from diverse backgrounds This can include training in English, French, Mandarin, and other languages relevant to the region To enhance language skills in professional law fields, there can be followed the following tips:  Read extensively: Reading extensively in legal literature and academic journals can improve knowledge of legal terms and concepts This can improve language skills in professional law fields Some recommended resources for legal literature include Law Journals on HeinOnline and LexisNexis, and JSTOR for academic journals  Attend seminars and webinars: Attending legal seminars and webinars can expose individuals to legal language and concepts used in various areas of law These events are also an opportunity to interact with legal professionals, which can improve one's understanding and use of legal language  Watch legal content: Watching legal content such as courtroom dramas and legal documentaries can expose individuals to legal language in practice This can help improve language skills in professional law fields  Practice writing: Writing practice is key to improving language skills in professional law fields Practicing writing legal documents, such as briefs, memos, and contracts, can improve language skills, grammar, and legal writing style  Use legal dictionaries and guides: Legal dictionaries and guides are essential tools for improving language skills in professional law fields Some recommended resources include Black's Law Dictionary, Oxford Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 Law Dictionary, and Legal Writing in Plain English by Bryan A Garner Having a good command of legal language is crucial for professionals in the legal field Implementing the strategies outlined above, and utilizing recommended resources can help improve an individual's language skills in professional law fields Emphasize ethics and integrity Judges should receive training on the importance of ethics and integrity in judicial decision-making This can include topics such as impartiality, conflict of interest, and transparency The ethics and integrity of judges are crucial because they ensure that the judicial system operates fairly, impartially, and with integrity Judges are responsible for upholding the law and administering justice, and their decisions can have a significant impact on people's lives and their rights If a judge lacks ethics or integrity, it can result in biased or unfair rulings, which can undermine public faith in the legal system and erode the rule of law Judges who are corrupt or unethical can also be vulnerable to external pressures, such as bribery or political influence, which can compromise their impartiality Therefore, judges must maintain high ethical standards and operate with integrity to ensure that the judicial system remains impartial, transparent, and trustworthy This helps to promote justice, protect the rights of individuals, and maintain social order Encourage collaboration Judges should be encouraged to collaborate with other legal professionals, academics, and international experts to enhance their knowledge and skills This can be done through conferences, workshops, and exchange programs Encouraging collaboration is also an effective way to share knowledge When judges collaborate, they can share their knowledge and experiences This can help them learn from each other's experiences and gain a better understanding of the law and legal procedures Thereby improving the decision-making Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 process: Cooperation can help judges make better decisions When judges work together, they can discuss different perspectives and approaches to a case, which can lead to more informed and fair decisions Collaboration can also provide judges with more training opportunities For example, judges can attend training sessions together, share materials and resources, and provide feedback to each other This can help them stay up-to-date with changes in the law and legal procedures Encouraging collaboration among judges can help improve their training and ultimately lead to better outcomes for the legal system and the people it serves In practice, on numerous occasions, Vietnam has collaborated with well-known legal research organizations from various countries to study and improve the training of legal skills for officials, civil servants, and related roles An example of such collaboration is the "Judicial Training for Vietnamese Judges and Judicial Officers" seminar organized by the International Judicial Cooperation Center;4 Evaluate training and qualifying examination Evaluating the training of judges in Vietnam can provide valuable feedback on the effectiveness of the training programs being offered It can help identify areas that need improvement and areas where the training is effective By evaluating the training, adjustments can be made to the content and delivery of the training programs to make them more effective Additionally, evaluating the training can also help in assessing the performance of the judges who have undergone the training This can help identify any gaps in knowledge and skills, which can be addressed through additional training or mentoring Ultimately, evaluating the training of judges in Vietnam is an important solution for improving their performance and ensuring that they can effectively uphold the law and deliver justice in the country Concerning this matter, the book entitled "Judicial Training in ASEAN: A Comparative Overview of Systems and Programs" Judicial Training for Vietnamese Judges and Judicial Officers https://www.scourt.go.kr/jrti/eng/info/info_02.html 10 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 identified a pressing issue at that time, namely that the legal training system for court officials and litigation personnel was not truly effective due to the absence of a formal training program Accordingly, the necessity of establishing the Judicial Academy as a formalized training environment with a clear system for legal training in Vietnam was assessed as imperative.5 III) Conclusion Currently, to serve practically and effectively the judicial reform in Vietnam, the professional training and adjudication skills for a contingent of court staff are qualified in terms of professional capacity, political qualities, and professional responsibility It is necessary to study the process of training judges in general and administrative judges in particular, to clearly see the needs of the court industry and society for training officers to appoint judges with professional qualifications and political qualities, to effectively and efficiently serve the cause of judicial reform and international integration in Vietnam April 2014; Judicial Training in ASEAN: A Comparative Overview of Systems and Programs http://hrrca.org/wp-content/uploads/2015/05/Judicial-Training-in-ASEAN.pdf 11 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com) lOMoARcPSD|38368692 REFERENCES Law on the organization of People's Courts 2014 Ordinance on Judges and Assessors of People's Courts 2002 Phan Chi Hieu; 06/02/2013; Legal training to serve national development https://vietnamlawmagazine.vn/legal-training-to-serve-national-development- 3260.html Judicial Training for Vietnamese Judges and Judicial Officers https://www.scourt.go.kr/jrti/eng/info/info_02.html April 2014; Judicial Training in ASEAN: A Comparative Overview of Systems and Programs http://hrrca.org/wp-content/uploads/2015/05/Judicial-Training-in-ASEAN.pdf Đào tạo sử dụng thẩm phán hành việt nam (TT) - Tài liệu text (123docz.net) 12 Downloaded by Vinh Nguyen (nguyenvinh1326@gmail.com)