Decision No. 82/2025/UBTVQH15 Amending and supplementing certain provisions of the Resolution of the Standing Committee of the National Assembly on the levels, conditions for each level, promotion to higher levels, quantity, and structure ratio of levels of People's Court Judges.

RESOLUTION

Amending and supplementing certain Articles of the Resolution of the Standing Committee of the National Assembly regarding levels, conditions for each level, promotion to higher levels, and the quantity and structure ratio of levels of People's Court Judges

provisions on levels, conditions for each level, promotion to higher levels

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

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

Pursuant to the Law on the Organization of People's Courts No. 34/2024/QH15 amended and supplemented by certain articles according to Law No. 81/2025/QH15;

RESOLUTION:

Article 1. Amending and supplementing certain Articles of Resolution No. 67/2025/UBTVQH15 dated February 6, 2025 of the Standing Committee of the National Assembly regarding levels, conditions for each level, promotion to higher levels, and the quantity and structure ratio of levels of People's Court Judges

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"Article 2. Conditions for People's Court Judge Level 1

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

1. A person appointed as a People's Court Judge in accordance with Clause 1 of Article 95 of the Law on the Organization of the People's Courts; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the People's Court at the local level or Military Regional Court;

2. A person appointed as a People's Court Judge working at the Supreme People's Court who meets the conditions stipulated in Clause 1 of this Article; possessing the ability to perform duties and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on the Organization of the People's Courts;

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

2. Amending and supplementing Article 3 as follows:

"Article 3. Conditions for People's Court Judge Level 2

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

1. A People's Court Judge at Level 1 with at least five years of service; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Provincial People's Court, Local People's Court, or Military Regional Court and equivalent;

2. A person with at least ten years of legal work experience, first appointed as a People's Court Judge; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Provincial People's Court, Local People's Court, or Military Regional Court and equivalent;

3. A People's Court Judge working at the Supreme People's Court who meets the conditions stipulated in Clause 1 or Clause 2 of this Article; possessing the ability to perform duties and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on the Organization of the People's Courts;

4. A People's Court Judge at Level 1 appointed to the position of President of a Provincial People's Court area or President of a Military Regional Court; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Provincial People's Court or Military Regional Court and equivalent;

5. A person appointed as a People's Court Judge in accordance with Point a or Point b of Clause 2 of Article 95 of the Law on the Organization of the People's Courts, transferred by an authorized agency or organization to assume one of the following positions: President of a Local People's Court, President of a Military Regional Court, Deputy President of a Provincial People's Court, Deputy President of a Local People's Court, Deputy President of a Military Regional Court and equivalent." at the regional level, Deputy Presidents of Military Region People's Courts and equivalent positions.

3. Amend and supplement Article 4 as follows:

"Article 4. Conditions for People's Court Judge Level 3

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

1. A People's Court Judge at Level 2 with at least five years of service; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Supreme People's Court, Central Military Court, or cases resolved through cassation or revision procedures concerning cases within the jurisdiction of the Provincial People's Court, or possessing the ability to adjudicate and resolve difficult and complex cases within the jurisdiction of the Provincial People's Court or Local People's Court;

2. A person with at least fifteen years of legal work experience, first appointed as a People's Court Judge; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Supreme People's Court, Central Military Court, or possessing the ability to adjudicate and resolve difficult and complex cases, or cases resolved through cassation or revision procedures concerning cases within the jurisdiction of the Provincial People's Court;

3. A People's Court Judge working at the Supreme People's Court who meets the conditions stipulated in Clause 1 or Clause 2 of this Article; possessing the ability to perform duties and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on the Organization of the People's Courts;

4. A People's Court Judge at Level 2 appointed to the position of President of a Provincial People's Court or President of a Military Regional Court and equivalent, Chief Judge, Deputy Chief Judge of the Appeals Division of the Supreme People's Court; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Supreme People's Court, Central Military Court, or cases resolved through cassation or revision procedures concerning cases within the jurisdiction of the Provincial People's Court, or possessing the ability to adjudicate and resolve difficult and complex cases within the jurisdiction of the Provincial People's Court or Military Regional Court and equivalent;

5. A person appointed as a People's Court Judge in accordance with Point b of Clause 2 of Article 95 of the Law on the Organization of the People's Courts, transferred by an authorized agency or organization to assume one of the following positions: President of a Provincial People's Court, Chief Judge, Deputy Chief Judge of the Appeals Division of the Supreme People's Court, President of a Military Regional Court and equivalent, Deputy President of the Central Military Court;

6. A person appointed as a People's Court Judge and currently holding the position of Director and equivalent of the Supreme People's Court; possessing the ability to adjudicate and resolve cases and matters within the jurisdiction of the Supreme People's Court or possessing the ability to adjudicate and resolve difficult and complex cases, or cases resolved through cassation or revision procedures concerning cases within the jurisdiction of the Provincial People's Court, and possessing the ability to perform duties and powers prescribed in Clauses 2 and 3 of Article 93 of the Law on the Organization of the People's Courts."

4. Amending and supplementing certain Clauses and Points of Article 5 as follows:

a) Amend and supplement Clause 1 as follows:

"1. A person appointed to the position of President of a Local People's Court or President of a Military Regional Court shall be eligible for promotion to the rank of People's Court Judge Level 2 in accordance with Clause 4 of Article 3 of this Resolution."

b) Amending and supplementing Point a Clause 3 as follows:

"3. In cases where the number of persons meeting the conditions for promotion as specified in Clause 2 of this Article exceeds the allocated number and structure ratio of levels of People's Court Judges, the promotion process shall be carried out in the following priority order:

a) Leaders and managers: Deputy President of the People's Court at the regional level, Deputy President of the Military Court at the regional level;

5. Amend and supplement Article 6 as follows:

“Article 6. Promotion of Judges from the second level to the third level of the People's Court

1. Those appointed to the position of President of the Provincial People's Court, President of the Military Court at the military region level and equivalent, Chief Judge, Deputy Chief Judge of the Supreme People's Court's Cassation Division as stipulated in Clause 4 of Article 4 of this Resolution, Department Heads and equivalents of the Supreme People's Court as stipulated in Clause 6 of Article 4 of this Resolution shall be considered for promotion to the third level Judge.

2. A second-level Judge shall be considered for promotion to the third level Judge if, during the five consecutive years immediately preceding the year of promotion consideration, they ensure the quality of adjudication and case resolution in accordance 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 an exceptionally outstanding level.

3. In cases where the number of individuals meeting the conditions for promotion stipulated in Clause 2 of this Article exceeds the number and structure ratio of Judges at each level allocated, the promotion consideration shall be carried out in the following priority order:

a) Leaders and managers: Deputy President of the Provincial People's Court, President of the Regional People's Court, Deputy President of the Military Court at the military region level and equivalent;

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 cases where it is still not possible to determine the individual for promotion, the President of the Supreme People's Court shall consider and decide.”

6. Amend and supplement Clause 1 of Article 8 as follows:

“1. The total number of Judges of the People's Courts at all levels is 7,004 people. The number and structure ratio of Judges at each level of the People's Courts are as follows:

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

The number of Judges working at the Supreme People's Court is 130 people, of which the ratio of third-level Judges does not exceed 77%, second-level Judges does not exceed 12%, and the remainder are first-level Judges;

b) The Provincial People's Court has second-level Judges and third-level Judges.

The number of Judges of the Provincial People's Court is 875 people, of which the ratio of third-level Judges does not exceed 42.5%, and the remainder are second-level Judges;

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

The number of Judges of the Regional People's Court is 5,999 people, of which the ratio of third-level Judges does not exceed 6.5%, second-level Judges does not exceed 34%, and the remainder are first-level Judges.”

7. Repeal Clause 3 of Article 10.

Article 2. Implementation clause

1. This Resolution takes effect from July 1, 2025.

2. During the implementation period of Resolution No. 225/2025/QH15 dated June 27, 2025 of the National Assembly on the enforcement of the Law amending and supplementing certain articles of the Law on the Organization of the People's Courts, the Law amending and supplementing certain articles of the Law on the Organization of the People's Procuratorates, laws on procedure, and other related laws, the number and structure ratio of Judges at each level of the People's Courts as stipulated in Clause 6 of Article 1 of this Resolution may change according to the transfer by the President of the Supreme People's Court but shall not increase the total quota of Judges of the People's Courts at all levels already assigned and must ensure the number and structure ratio of Judges at each level of the People's Courts as prescribed in this Resolution from July 1, 2028.

This Resolution was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, the fifteenth term, on June 27, 2025.