From January 1, 2025, People's Court judges will have lifetime terms.

At the 7th session of the 15th tenure, the National Assembly passed the Law on Organization of People's Courts 2024. This law takes effect from January 1, 2025, replacing the Law on Organization of People's Courts 2014. Compared to current regulations, the new law has many changes related to the title of judge.

According to new regulations in the Law on Organization of People's Courts in 2024, the second term of a People's Court judge will last until retirement or job transfer (illustrative photo)

Term lasts until retirement

According to the regulations currently in effect in the 2014 Law on Organization of People's Courts, there are 4 ranks of People's Court judges, including: Supreme People's Court judges, senior judges, intermediate judges and primary judges.

The initial term of office of judges is 5 years. In case of re-appointment or appointment to another judgeship, the next term is 10 years.

From January 1, 2025, according to the new regulations in the Law on Organization of the Supreme People's Court, there will be only two ranks of judges, including Supreme People's Court judges and People's Court judges. The Standing Committee of the National Assembly regulates the ranks of judges, the conditions of each rank, and the promotion of ranks upon the proposal of the Chief Justice of the Supreme People's Court.

At the same time, the term of office of judges has also changed. In particular, if appointed for the first time, the term of office of a People's Court judge is still 5 years, but if reappointed, the next term will last until retirement or transfer to another job.

With a "lifetime term" for the second appointment, this provision is expected to enhance the judicial independence of judges. Because, with a term lasting until retirement, judges can work with peace of mind, making judgments "only following the law" without worrying about future reappointment.

Another notable new content in the Law on Organization of People's Courts 2024 is that when appointed, judges must swear absolute loyalty to the Fatherland, the people, and the Constitution; perform assigned duties and powers honestly and wholeheartedly; practice justice, objectivity and fairness, only obey the law; and comply with the code of ethics and conduct.

Lawyers, university lecturers, and scientists, if qualified, can be appointed as judges of the Supreme People's Court (illustrative photo)

Lawyers and lecturers can become Supreme Court judges

Compared to the Law on Organization of People's Courts in effect in 2014, the Law on Organization of People's Courts in 2024 has many new regulations on standards and conditions for appointing judges. In particular, the new law limits judges to be at least 28 years old (current law does not stipulate - PV).

As for the position of Supreme People's Court judge, in addition to the standards of a People's Court judge, the new law stipulates that the candidate must be at least 45 years old and have at least 20 years of working experience in court, including at least 10 years as a People's Court judge.

Special cases are decided by competent authorities but must have at least 5 years of experience as a People's Court judge.

Notably, the Law on Organization of the People's Courts 2024 stipulates that the source of appointment of judges of the Supreme People's Court can come from people who do not work in the People's Court sector, but have high prestige in society, and meet the standards and conditions for appointment to the position of judge of the Supreme People's Court.

Firstly, people holding important positions in central agencies and organizations have a deep understanding of politics, law, economics, culture, society, security, national defense, and diplomacy.

Second are experts, lawyers, university lecturers, scientists with high qualifications in law, holding important positions in agencies, political organizations, socio-political organizations, socio-political-professional organizations, and socio-professional organizations.

The law also clearly stipulates that the maximum number of Supreme People's Court judges selected and appointed from "outside the industry" is 2 people.

The verdict was overturned, the judge was only responsible for subjective errors.

The 2024 Law on Organization of People's Courts also has a separate article to regulate the protection of judges.

Accordingly, three groups of prohibited acts include: threatening, violating the life, health, insulting the honor and dignity of judges; obstructing judges from performing their duties; affecting the independence and objectivity of judges.

In particular, the law stipulates that a judge who has issued a judgment or decision that is annulled or amended shall only be held responsible for subjective errors as prescribed by law. The Chief Justice of the Supreme People's Court is assigned the task of detailing this matter.

Source: https://thanhnien.vn/tu-112025-tham-phan-tand-se-co-nhiem-ky-suot-doi-185240702004512323.htm