Resolution No. 67/2025/UBTVQH15 on the levels, conditions for each level, promotion of levels, quantity, and structure ratio of People's Court Judges.

RESOLUTION

Regarding levels, conditions for each level, and promotion to higher levels

and the number, structure, and ratio of levels of People's Court Judges

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 as amended and supplemented by Law No. 65/2020/QH14;

Pursuant to the Law on Organization of People's Courts No. 34/2024/QH15,

RESOLUTION:

Article 1. Levels of Judges of People's Courts

The levels of Judges of People's Courts include:

1. Judge of People's Court Level 1;

2. Judge of People's Court Level 2;

3. Judge of People's Court Level 3.

A People's Court Judge at Level 1 must meet one of the following conditions:

1. A person appointed as a Judge of People's Court in accordance with Clause 1 of Article 95 of the Law on Organization of People's Courts; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of People's Courts at district, city district, town, provincial-level city, or military region courts (hereinafter referred to as People's Courts at district level);

2. A Judge of People's Court working at the Supreme People's Court meeting the conditions stipulated in Clause 1 of this Article; having the capacity to perform tasks and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on Organization of People's Courts;

3. A person appointed as a Judge of People's Court in accordance with Point a of Clause 2 of Article 95 of the Law on Organization of People's Courts, who is transferred by an authorized agency or organization to assume the position of Deputy President of People's Court at district level or Deputy President of Military Region Court.

A People's Court Judge at Level 2 must meet one of the following conditions:

1. Having served as a Judge of People's Court Level 1 for at least five years; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of People's Courts at provincial level, specialized first-instance People's Courts, or Military Region Courts;

2. A person with at least ten years of legal work experience, first appointed as a Judge of People's Court; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of People's Courts at provincial level, specialized first-instance People's Courts, or Military Region Courts;

3. A Judge of People's Court working at the Supreme People's Court meeting the conditions stipulated in Clause 1 or Clause 2 of this Article; having the capacity to perform tasks and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on Organization of People's Courts;

4. A Judge of People's Court Level 1 appointed to the position of President of People's Court at district level or President of Military Region Court; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of People's Courts at provincial level, specialized first-instance People's Courts, or Military Region Courts;

5. A person appointed as a Judge of People's Court in accordance with Point a or Point b of Clause 2 of Article 95 of the Law on Organization of People's Courts, who is transferred by an authorized agency or organization to assume one of the following positions: President of People's Court at district level, President of Military Region Court, Deputy President of People's Court at provincial level, Deputy President of specialized first-instance People's Court, or Deputy President of Military Region Court.

A People's Court Judge at Level 3 must meet one of the following conditions:

1. Having served as a Judge of People's Court Level 2 for at least five years; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of High People's Courts or Central Military Courts;

2. A person with at least fifteen years of legal work experience, first appointed as a Judge of People's Court; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of High People's Courts or Central Military Courts;

3. A Judge of People's Court working at the Supreme People's Court meeting the conditions stipulated in Clause 1 or Clause 2 of this Article; having the capacity to perform tasks and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on Organization of People's Courts;

4. A Judge of People's Court Level 2 appointed to the position of President of People's Court at provincial level, President of specialized first-instance People's Court, or President of Military Region Court; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of High People's Courts or Central Military Courts;

5. A person appointed as a Judge of People's Court in accordance with Point b of Clause 2 of Article 95 of the Law on Organization of People's Courts, who is transferred by an authorized agency or organization to assume one of the following positions: President of People's Court at provincial level, President of specialized first-instance People's Court, President or Deputy President of High People's Court, President of Military Region Court, or Deputy President of Central Military Court;

6. A person appointed as a Judge of People's Court and currently holding the position of Director of a Department or equivalent position at the Supreme People's Court; having the capacity to adjudicate and resolve cases and matters within the jurisdiction of High People's Courts and the capacity to perform tasks and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on Organization of People's Courts.

Article 5. Promotion from Judge of the People's Court at Level 1 to Judge of the People's Court at Level 2

2. A Judge of the People's Court at Level 1 shall be considered for promotion to Judge of the People's Court at Level 2 if, during the five consecutive years immediately preceding the year of promotion, they ensure the quality of adjudication and resolution of cases and matters in compliance with the regulations of the President of the Supreme People's Court and are rated and classified at a level of satisfactorily completing tasks or higher, including at least one year being rated and classified at a level of excellently completing tasks.

3. In the case stipulated in Clause 2 of this Article where the number of persons meeting the conditions for promotion exceeds the allocated number and structure ratio of Judges of the People's Court at each level, the promotion process shall be carried out in the following order:

b) Persons with higher commendations for their public service activities; in the event of equality, consideration shall be given to those with more commendations during the period at Level 1;

c) Persons with higher achievements in public service activities; in the event of equality, consideration shall be given to those with more achievements during the period at Level 1;

d) Female Judges;

đ) Minority ethnic Judges;

e) Older Judges (based on date, month, and year of birth);

g) Judges with longer tenure.

In the event that it is still not possible to determine the person eligible for promotion, the President of the Supreme People's Court shall examine and decide.

1. A person appointed to the position of President of the People's Court at provincial level, President of the Specialized First Instance People's Court, President of the Military Region People's Court and equivalent positions as stipulated in Clause 4 of Article 4, and Director and equivalent positions of the Supreme People's Court as stipulated in Clause 6 of Article 4 of this Resolution shall be considered for promotion to Judge of the People's Court at Level 3.

2. A Judge of the People's Court at Level 2 shall be considered for promotion to Judge of the People's Court at Level 3 if, during the five consecutive years immediately preceding the year of promotion, they ensure the quality of adjudication and resolution of cases and matters in compliance with the regulations of the President of the Supreme People's Court and are rated and classified at a level of satisfactorily completing tasks or higher, including at least one year being rated and classified at a level of excellently completing tasks.

3. In the case stipulated in Clause 2 of this Article where the number of persons meeting the conditions for promotion exceeds the allocated number and structure ratio of Judges of the People's Court at each level, the promotion process shall be carried out in the following order:

a) Persons holding leadership and management positions: Deputy President of the People's Court at provincial level, Deputy President of the Specialized First Instance People's Court, Deputy President of the Military Region People's Court and equivalent positions;

b) Individuals with higher commendations in public service activities; in cases of equality, those with more commendations during their time at the second level will be considered;

c) Individuals with higher achievements in public service activities; in cases of equality, those with more achievements during their time at the second level will be considered;

d) Female Judges;

đ) Minority ethnic Judges;

e) Older Judges (based on date, month, and year of birth);

g) Judges with longer tenure.

In the event that it is still not possible to determine the person eligible for promotion, the President of the Supreme People's Court shall examine and decide.

Article 7. Principles of Promotion of Judges of the People's Court and Authority to Decide on Promotion and Classification of Judges of the People's Court

1. Principles of Promotion of Judges of the People's Court:

a) The promotion of Judges of the People's Court is implemented through the examination for promotion; ensuring the conditions of each level of Judge of the People's Court; based on job positions, quantity, structure ratio of Judges of the People's Court at each level assigned and other provisions of this Resolution;

b) Ensuring transparency, fairness, objectivity, and compliance with the law;

c) Only conducting examinations for promotion of Judges of the People's Court to the next higher level;

d) Not conducting examinations for promotion of Judges of the People's Court for those who are within the disciplinary handling period or under investigation, prosecution, trial, or implementing related disciplinary regulations according to the Party and State laws.

2. Authority to Decide on Promotion and Classification of Judges of the People's Court:

a) Based on the number of each level of Judge of the People's Court assigned; conditions of each level, promotion of Judges of the People's Court and other provisions of this Resolution, the head of the agency or unit with authority according to the分级管理权限，提出晋升和定级人民法官的建议；

b) The President of the Supreme People's Court decides on the promotion and classification of Judges of the People's Court.

Article 8. The number and structure of levels of People's Court Judges

a) The Supreme People's Court has first-level Judges, second-level Judges, and third-level Judges.

The number of People's Court Judges working at the Supreme People's Court is 50, of which the ratio of Level 3 People's Court Judges does not exceed 40%, Level 2 People's Court Judges does not exceed 30%, and the remainder are Level 1 People's Court Judges;

b) The Supreme People's Court has Level 3 People's Court Judges, with a number of 170.

c) Provincial People's Courts and specialized first-instance People's Courts have Level 2 People's Court Judges and Level 3 People's Court Judges.

The number of People's Court Judges at the Provincial People's Courts is 1,235, of which the ratio of Level 3 People's Court Judges does not exceed 30%, and the remainder are Level 2 People's Court Judges;

d) District People's Courts have Level 1 People's Court Judges and Level 2 People's Court Judges.

The number of People's Court Judges at the District People's Courts is 5,549, of which the ratio of Level 2 People's Court Judges does not exceed 30%, and the remainder are Level 1 People's Court Judges.

2. The total number of People's Court Judges at military courts is 129. The number and structure of levels of People's Court Judges at military courts are as follows:

a) The Central Military Court has Level 3 People's Court Judges, with a number of 15.

b) Military Region Courts and equivalent courts have Level 2 People's Court Judges and Level 3 People's Court Judges.

The number of People's Court Judges at Military Region Courts and equivalent courts is 54, of which the ratio of Level 3 People's Court Judges does not exceed 30%, and the remainder are Level 2 People's Court Judges;

c) Regional Military Courts have Level 1 People's Court Judges and Level 2 People's Court Judges.

The number of People's Court Judges at Regional Military Courts is 60, of which the ratio of Level 2 People's Court Judges does not exceed 30%, and the remainder are Level 1 People's Court Judges.

Article 9. Transitional Provisions

1. Senior Judges, Intermediate Judges, and Primary Judges as stipulated in the Law on Organization of the People's Courts No. 62/2014/QH13 shall be converted into People's Court Judges according to Article 152 of the Law on Organization of the People's Courts No. 34/2024/QH15 and shall be ranked by the President of the Supreme People's Court as follows:

a) Senior Judges shall be ranked as Level 3 People's Court Judges. The time spent at the Level 3 People's Court Judge rank shall be calculated from the date of initial appointment as a Senior Judge;

b) Intermediate Judges shall be ranked as Level 2 People's Court Judges. The time spent at the Level 2 People's Court Judge rank shall be calculated from the date of initial appointment as an Intermediate Judge;

c) Primary Judges shall be ranked as Level 1 People's Court Judges. The time spent at the Level 1 People's Court Judge rank shall be calculated from the date of initial appointment as a Primary Judge.

2. The conversion and ranking of People's Court Judges as provided for in Clause 1 of this Article shall not be carried out simultaneously with the promotion of People's Court Judge ranks.

Article 10. Provisions on implementation

1. This Resolution shall take effect from the date of its adoption.

2. The provisions regarding the number of People's Court Judges at all levels of the People's Courts and military courts as set forth in Resolution No. 473a/NQ-UBTVQH13 dated March 28, 2012; Resolution No. 1278/NQ-UBTVQH13 dated July 1, 2016; Resolution No. 571/NQ-UBTVQH14 dated September 10, 2018; and Resolution No. 572/NQ-UBTVQH14 dated September 10, 2018 of the Standing Committee of the National Assembly shall cease to be effective from the date this Resolution takes effect.

4. The President of the Supreme People's Court, the Minister of National Defense, and related agencies shall be responsible for implementing this Resolution./.

---

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 42, on February 6, 2025.