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The Supreme People's Court of Vietnam: Benchbook Online

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2.2.2. Resignation and removal of Judges


Related legal documents
  • Ordinance on Judges and Assessors of People’s Courts 2002 (Article 15)
  • Ordinance on Judges and Assessors of People’s Courts 2002 (Article 29)
  • Inter-Circular No. 01/2003/TTLT-TANDTC-BQP-BNV-UBTWMTTQVN dated 01 April 2003 of the Supreme People’s Court, Ministry of National Defence, and Central Committee of Vietnam’s Fatherland Front (Part IV)

  • Main tasks and practical skills:

    • Judges shall automatically resign office upon retirement (Item 1 of Article 29 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Judges may resign office for health, family or other reasons, which render fulfillment of the tasks assigned impossible (Item 2 of Article 29 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Judges shall be automatically removed from office upon conviction by a Court judgment that has come into force (Item 1 of Article 30 of the Ordinance on Judges and Assessors of the People’s Courts).
    • Depending on the characteristics and degree of violation, Judges shall be removed from office in any of the following cases (Ordinance on Judges and Assessors of the People’s Courts):
      - Transgressions in adjudicating the cases assigned.
      - Violating the provisions of Article 15 of the Ordinance on Judges and Assessors of the People’s Courts.
      - If disciplined in the form of removal from a managerial office in accordance with the laws on public servants and officials.
      - Breaching moral standards.
      - Other violations of law.
    • It is necessary to draft dossiers for requesting the resignation or removal of Judges (Part IV of Inter-Circular No. 01/2003/TTLT-TANDTC-BQP-BNV-UBTWMTTQVN dated 01 April 2003 of the Supreme People’s Court, Ministry of Defense, Ministry of Home Affairs, and Central Committee of the Vietnam Fatherland Front providing guidelines on implementation of a number of provisions of the Ordinance on Judges and Assessors of the People’s Courts).