Topic Comments On The Training Of Judges Invietnam.pdf

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 j

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

Hanoi, 2023.

MINUTES OF THE RESULT AND LEVEL OF PARTICIPATION IN GROUP

WORK ASSIGNMENT

Date: 05/05/2023 Address: Hanoi Law University

Total number of members: 10

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:

No.

Student

ID

number

part

Student’s self-assessment Student’s

signature

Teacher’s assessment

Grade in number

Grade in word

Teacher’s signature

1 453129 Trần Thanh Phương(leader) 2 x

3 453122 Ngô Thị Diệu Linh 3 x

4 453123 Nguyễn Thị Hồng

5 453124 Nguyễn Sỹ Bảo Sơn 3 x

6 453125 Nguyễn Đình Phúc 3 x

7 453126 Nguyễn Mạnh HảiAnh 3 x

10 453130 Nguyễn Thị Cẩm

The result of the writing:……… Hanoi, 05 th May 2023

- 1 st teacher’s assessment:……….

- 2 nd teacher’s assessment:………

The result of the presentation:………

The final grade:……….

The final assessment of the teacher:……….

I) INTRODUCTION _1

II) CONTENT 1

1 Judicial system in Vietnam _1

2 Criteria, general duties and powers of judges _2

2.1 Criteria of judges 2 2.2 General duties and powers of judges _2

3 Limitations and suggestions in the training of judges in Vietnam _3

3.1 Limitations in the training of judges in Vietnam 3 3.2 Suggestions to improve the training of judges in Vietnam _5

III) CONCLUSION 9

REFERENCES _11

I) Introduction

In recent years, Vietnam has tried its best to become a rule-of-law nation In order to do 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

1 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 district-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

Supreme People's Procuracy, headed by the Chief Procurator of the Supreme People's Procuracy, who is appointed by the National Assembly

2 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

1 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

2 Possess a bachelor's degree in law or higher

3 Has been trained in adjudication

4 Having time to do legal practice

5 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)

1 Law on the organization of People's Courts 2014.

2 Ordinance on Judges and Assessors of People's Courts 2002.

 Judges receive professional training in adjudication (Article 9

of the Ordinance on Judges and Assessors of the People's Courts)

 Judges may not do 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)

3 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

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 6 months for lawyers, executors, and

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

1 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

https://vietnamlawmagazine.vn/legal-training-to-serve-national-development-3260.html

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

2 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

3 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

4 Enhance language skills

As Vietnam is a multilingual country, judges should be trained in multiple languages to effectively communicate with