Decision No. 83/2025/UBTVQH15 Issuing the Regulation on the Operation of the Council for Selecting and Supervising National Judges

RESOLUTION

Issuing the Regulation on Operation
of the National Judge Selection and Supervision Council

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. Issuance of Regulations

The Regulation on Operation of the National Judge Selection and Supervision Council is promulgated together with this Decision.

Article 2. Responsibilities for Implementation

The National Judge Selection and Supervision Council, the President of the Supreme People's Court, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decision and the accompanying Regulation.

Article 3. Effectiveness

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

2. Decision No. 929/2015/NQ-UBTVQH13 dated May 14, 2015 of the Standing Committee of the National Assembly on the Regulation on Operation of the National Judge Selection and Supervision Council shall cease to be effective from the date this Decision takes effect.

This Decision was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Term XV, on June 27, 2025.

REGULATION ON OPERATION

OF THE NATIONAL JUDGE SELECTION AND SUPERVISION COUNCIL

(Issued together with Decision No. 83/2025/UBTVQH15

dated June 27, 2025 of the Standing Committee of the National Assembly)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the operation of the National Judge Selection and Supervision Council (hereinafter referred to as the Council), the procedures and processes for considering and selecting nominations for appointment, reappointment, removal, and dismissal of judges; supervisory activities and protection of judges; ensuring the operation of the Council.

Article 2. Duration of Performance of Duties by Vice Chairperson and Members of the Council

1. The Deputy President of the Supreme People's Court, who is a judge of the Supreme People's Court appointed by the President of the Supreme People's Court to serve as Vice Chairperson of the Council for a term of one year, ceases to hold the position of Vice Chairperson upon completion of the appointed term, retirement, resignation, transfer to another job, or due to health reasons or other reasons that make it impossible to fulfill the assigned tasks.

2. A member of the Council ceases to hold the position of member upon retirement, resignation, transfer to another job, or due to health reasons or other reasons that make it impossible to fulfill the assigned tasks.

The head of a unit under the Supreme People's Court, who is a judge of the Supreme People's Court, the President of the Supreme People's Court's Cassation Division, or the President of a Provincial People's Court, ceases to hold the position of member according to this provision or the President of the Supreme People's Court designates another position to serve as a member of the Council.

In case a member of the Council does not work at the court and has grounds to cease holding the position of member according to this provision, the agency or organization where the member works shall issue a notification to the President of the Supreme People's Court and appoint another leader to participate in the Council so that the President of the Supreme People's Court can submit a request to the Standing Committee of the National Assembly to change the member of the Council.

Article 3. Documents Submitted to the Standing Committee of the National Assembly for Deciding the List of Council Members

1. The report of the President of the Supreme People's Court regarding the proposal to the Standing Committee of the National Assembly to decide the list of Council members in accordance with Clause 2, Article 40 of the Law on Organization of the People's Courts.

2. Draft Resolution of the Standing Committee of the National Assembly.

3. Documents appointing representatives to participate in the Council from agencies and organizations specified in Point d, Clause 1, Article 40 of the Law on Organization of the People's Courts.

4. Curriculum vitae and asset and income declaration of the person appointed under Clause 3 of this Article.

Article 4. Responsibilities of Council Members

1. Act in accordance with this Charter and the provisions of the law; must be independent, impartial, maintain confidentiality, and be responsible to the Council, the Chairman of the Council, and the law regarding the performance of their duties and powers.

2. Fully participate in all Council meetings, discuss and vote on issues within the agenda of the Council meeting. In case they cannot attend the meeting, they must report the reasons to the Chairman of the Council.

Article 5. Council Meetings

1. The Council convenes regularly once every six months. The Council may convene at short notice upon the proposal of the Chairman of the Council or upon the proposal of at least two-thirds of the Council members.

2. Council meetings are convened by the Chairman of the Council. At least two-thirds of the Council members must be present at the Council meeting. Decisions of the Council are adopted at the Council meeting and must be approved by more than half of the total number of Council members voting.

In cases where a Council member does not attend the Council meeting but submits written opinions to the Council before the date of the Council meeting, detailing their views on the issues within the meeting's agenda, such written opinions shall be announced at the Council meeting.

3. The Council meeting for selecting candidates to propose to the President of the Supreme People's Court to submit to the National Assembly for approval of the appointment of Supreme People's Court judges must be held no later than two months prior to the opening day of the National Assembly session.

4. Regular Council meeting documents must be sent to the members at least seven working days before the meeting takes place. Sending documents for extraordinary Council meetings to the members is decided by the Chairman of the Council.

5. In necessary cases, the Chairman of the Council may:

a) Invite representatives of relevant agencies, units, organizations to attend the Council meeting to express their opinions but not to participate in voting;

b) Require individuals under consideration for appointment, reappointment, removal from office, or dismissal to attend the meeting to explain or answer questions posed by Council members.

Article 6. Reporting System on Council Activities

1. Annually, the Chairman of the Council reports to the competent authority on the activities of the Council.

2. Special or extraordinary reports on the activities of the Council according to the requirements of the competent authority.

Chapter II

PROCEDURE AND PROCEDURES FOR REVIEWING SELECTION OF PROPOSALS FOR APPOINTMENT, REAPPOINTMENT, REMOVAL FROM OFFICE, DISMISSAL OF JUDGES

Article 7. Procedure and Procedures for Council Meetings Reviewing Selection of Proposals for Appointment, Reappointment, Removal from Office, Dismissal of Judges

1. The Chairman of the Council opens and chairs the meeting.

2. The Chairman of the Council himself or delegates a Council member to present the report on the dossier proposing the appointment, reappointment, removal from office, or dismissal of judges.

3. Council members express their opinions and engage in discussion.

4. Representatives of agencies, units, organizations, and individuals specified in Clause 5 of Article 5 of this Charter express their opinions or answer questions from Council members as requested by the Chairman of the Council.

5. The Chairman of the Council may decide to temporarily suspend the review of dossiers that contain unclear contents or complaints and accusations, which the majority of Council members consider it necessary to supplement or verify.

6. The Chairman of the Council concludes; Council members present at the meeting conduct secret ballot voting.

Article 8. Documents to be submitted to the National Assembly for approval of the proposal to appoint, dismiss, or remove Judges of the Supreme People's Court

At the proposal of the Council, the President of the Supreme People's Court shall submit to the National Assembly for approval the proposal to appoint, dismiss, or remove Judges of the Supreme People's Court.

The documents to be submitted include the report of the President of the Supreme People's Court; the draft resolution of the National Assembly; the minutes of the Council's meeting; the resolution of the Council; personnel files for the proposal to appoint, dismiss, or remove Judges of the Supreme People's Court as stipulated in Clause 1 of Article 10, Clause 1 and Clause 2 of Article 11 of this Regulation, and other related documents.

Article 9. Documents to be submitted to the President of the State for decision on the appointment, reappointment, dismissal, or removal of Judges of the People's Court

At the proposal of the Council, the President of the Supreme People's Court shall submit to the President of the State for the appointment, reappointment, dismissal, or removal of Judges of the People's Court.

The documents to be submitted include the report of the President of the Supreme People's Court; the minutes of the Council's meeting; the resolution of the Council; personnel files for the proposal to appoint, reappoint, dismiss, or remove Judges of the People's Court as stipulated in Clause 2 of Article 10, Clause 3 of Article 11 of this Regulation, and other related documents.

Article 10. Personnel files to be submitted to the Council for consideration of the proposal to appoint Judges

1. The personnel files to be submitted to the Council for consideration of the proposal to appoint Judges of the Supreme People's Court include:

a) A voluntary application to become a Judge of the Supreme People's Court;

b) The self-assessment report of the person proposed for selection and appointment as a Judge of the Supreme People's Court;

c) The minutes and results of the opinion poll from agencies, units, and organizations regarding the person proposed for selection and appointment as a Judge of the Supreme People's Court;

d) The personnel file for submission to the National Assembly for approval of the proposal to appoint Judges of the Supreme People's Court as prescribed by law.

2. The personnel files to be submitted to the Council for consideration of the proposal to appoint or reappoint Judges of the People's Court include:

a) A voluntary application to become a Judge of the People's Court (for the case of appointing a Judge of the People's Court);

b) Curriculum vitae;

c) Declaration of assets and income;

d) Copies of diplomas and certificates (certified by the competent authority);

đ) The document recognizing the result of passing the examination for selecting Judges of the People's Court (for the case of appointing a Judge of the People's Court as stipulated in Clause 1 of Article 95 of the Law on the Organization of the People's Courts);

e) The self-assessment report of the person proposed for selection, appointment, or reappointment as a Judge of the People's Court;

g) Evaluation and comments of the competent Party Committee where the person works;

h) Comments of the Party Committee where the person resides;

i) Conclusion on political criteria of the competent authority according to the regulations of the Politburo on internal political protection within the Party;

k) Evaluation and comments of the head of the agency, unit, or organization;

1) The minutes and results of the opinion poll from agencies, units, and organizations regarding the person proposed for selection, appointment, or reappointment as a Judge of the People's Court;

m) Health certificate issued by a competent medical facility.

The documents specified in points b, c, g, h, k, and m of this clause must be prepared not more than six months prior to the date of consideration.

Article 11. Personnel files to be submitted to the Council for consideration of proposals to remove or dismiss Judges

1. The personnel file to be submitted to the Council for consideration of proposals to remove Judges of the Supreme People's Court in cases provided for in Clause 2 and Clause 3 of Article 107 of the Law on the Organization of the People's Courts shall include:

a) A request for removal of a Judge of the Supreme People's Court in cases where removal is based on personal wishes, clearly stating the reasons for the proposal to remove the Judge;

b) Documents proving the reasons for the proposal to remove a Judge of the Supreme People's Court (if any);

c) Written opinions of competent agencies or levels.

2. The personnel file to be submitted to the Council for consideration of proposals to dismiss Judges of the Supreme People's Court in cases provided for in Clause 2 of Article 108 of the Law on the Organization of the People's Courts shall include:

a) The self-criticism report of the Judge of the Supreme People's Court;

b) Minutes of meetings to discipline the Judge of the Supreme People's Court for disciplinary violations by the Disciplinary Council;

c) Documents proving the violations committed by the Judge of the Supreme People's Court (if any);

d) Disciplinary decisions made by individuals or agencies or organizations with authority over the Judge of the Supreme People's Court (if any);

d) Written opinions of competent agencies or levels.

In cases where the Judge does not prepare a self-criticism report, the file shall include the documents specified in points b, c, d, and đ of this clause.

3. The personnel file to be submitted to the Council for consideration of proposals to remove or dismiss Judges of the People's Courts shall be prescribed by the President of the Supreme People's Court.

4. For Judges who are automatically removed according to Clause 1 of Article 107 or automatically dismissed according to Clause 1 of Article 108 of the Law on the Organization of the People's Courts, there is no need to establish a proposal file for the Council to consider. The President of the Supreme People's Court has the responsibility to report to the National Assembly, the President of the State, and the Standing Committee of the National Assembly about the cases of Judges being automatically removed or dismissed when requested.

Chapter III

SUPERVISION AND PROTECTION OF JUDGES BY THE COUNCIL

Article 12. Contents of supervision by the Council

1. The performance of duties, powers, responsibilities of Judges, and matters that Judges are not allowed to do as stipulated in the Law on the Organization of the People's Courts and related laws.

2. Compliance with the Code of Ethics and Conduct of Judges and the lifestyle of Judges.

3. Allocation of staffing, budget, and resources for People's Courts.

Article 13. Supervision Program of the Council

1. The Council decides on the annual regular supervision program and ad hoc supervision programs upon the proposal of Council members or at the request of agencies or persons with authority.

Based on the approved supervision program, the Council informs the People's Courts, relevant agencies, and organizations.

The Council assigns Council members to implement the contents of the program and report the results to the Council.

2. The Council's working group assists the Council in developing plans and organizing the implementation of the supervision program.

Article 14. Supervisory Activities of the Council

1. Reviewing reports from Judges, Presidents of People's Courts, heads of relevant units regarding the contents required in the Council's supervision program.

2. Organizing Inspection Teams.

Article 15. Reviewing reports under the supervision program

1. The Council requests Judges to submit written reports on the contents stipulated in Clause 1 and Clause 2 of Article 12 of this Regulation; requests agencies, units, and individuals subject to supervision to submit written reports on the supervision contents stipulated in Article 12 of this Regulation. The Council may request relevant agencies, organizations, units, and individuals to submit reports.

In necessary cases, the Chairman of the Council directs the organization to implement verification to clarify the contents in the report.

2. The Council reviews reports according to the following procedure:

a) The Chairman of the Council himself or delegates a member of the Council to present a consolidated report on the opinions of agencies, units, and individuals related to the supervision content; verification results (if any);

b) Judges, agencies, units, and individuals subject to supervision present their opinions when requested;

c) Representatives of invited agencies, organizations, units, and individuals speak at the meeting;

d) Members of the Council express their opinions and discuss;

đ) The Chairman of the Council concludes; members of the Council present at the meeting conduct secret voting.

Article 16. Reviewing recommendations related to the appointment, removal, dismissal, commendation, and disciplinary action against Judges

1. The Council's working group receives recommendation documents sent to the Council from agencies, organizations, and individuals, and reports to the Chairman of the Council.

2. For recommendations not within the jurisdiction of the Council to resolve, the Chairman of the Council decides to transfer the recommendations to the competent agency or organization for resolution and issues a notification to the recommending agency, organization, or individual. The competent agency or organization resolving the recommendation has the responsibility to notify the Council of the resolution result.

For recommendations within the Council's jurisdiction, the Chairman of the Council directs the implementation of verification and clarification of the recommendation content if necessary and reports to the Council.

3. The Chairman of the Council organizes the review of recommendations according to the following procedure:

a) The Chairman of the Council himself or delegates a member of the Council to present a consolidated report on the recommendation contents, verification results, and related documents (if any);

b) Members of the Council express their opinions and discuss;

c) The Chairman of the Council concludes; members of the Council present at the meeting conduct secret voting.

4. If it is determined that the recommendation regarding the appointment, removal, or dismissal of a Judge has grounds, the Council proposes the Chief Justice of the Supreme People's Court to submit to the President for consideration and decision, while simultaneously notifying the recommending agency, organization, or individual.

If it is determined that the recommendation regarding commendation or disciplinary action against a Judge has grounds, the Council proposes the competent agency or person with authority to consider and resolve, while simultaneously notifying the recommending agency, organization, or individual.

If it is determined that the recommendation lacks grounds, the Council issues a response document to the recommending agency, organization, or individual.

Article 17. Organizing the Supervision Team

1. The Council decides to establish a Supervision Team according to the Council's supervision program or upon the request of a Council member or upon the request of a competent agency or person.

2. The Council's Resolution on establishing the Supervision Team must clearly define the supervision content, plan, team composition, and the agency, unit, or individual subject to supervision.

3. The Supervision Team's supervision content and plan must be notified to the supervised agency, unit, or individual, the Chief Justice of the Court, and the head of the related unit at least 15 days before the Supervision Team begins its supervision activities.

4. The Supervision Team has the following tasks and powers:

a) Implement the supervision content and plan as stipulated in the Resolution on establishing the Supervision Team;

b) Request the supervised agency, unit, or individual, the Court, and related units to submit written reports, provide information, and supply documents related to the supervision content, and explain matters of concern to the Supervision Team;

c) Examine and verify issues deemed necessary by the Supervision Team;

d) When discovering violations of the law, the Supervision Team has the right to propose the relevant agency or organization to examine and handle according to the law. The relevant agency or organization has the responsibility to notify the Council of the resolution result;

đ) Within 15 days from the end of the supervision activity, the Supervision Team must submit a supervision result report to the Council for review and decision.

Article 18. Reviewing the Report of the Supervisory Delegation

The Council shall review the report of the Supervisory Delegation in accordance with the following procedures:

1. The Head of the Supervisory Delegation presents the report;

2. Representatives of invited agencies and organizations make statements at the meeting;

3. Council members express their opinions and engage in discussion.

During the discussion, representatives of the Supervisory Delegation may present additional information on related issues;

4. The Council issues a resolution on the monitored content. This resolution shall be sent to the agency, unit, and individual subject to supervision and relevant agencies and organizations.

Article 19. Authority of the Council in Reviewing the Results of Supervision

Based on the results of supervision, the Council has the following powers:

1. In cases where a Judge shows signs of violating the law or engages in unlawful acts without a conclusion from the competent authority, the Council requests the Chief Justice of the Court and the head of the unit where the Judge works to conduct verification and handle the matter according to the law and report back to the Council;

2. In cases where a Judge engages in unlawful acts and there is a conclusion from the competent authority, depending on the nature and severity of the violation, the Council proposes that the competent authority consider and decide on disciplinary measures, removal, or dismissal of the Judge according to the regulations;

3. Requests the authority responsible for allocating personnel quotas, funds, and resources to People's Courts in accordance with the regulations;

4. In cases where the agency or person with authority does not implement or fully implement the request or proposal stipulated in Clauses 1, 2, and 3 of this Article, the Council recommends that the Chief Justice of the Supreme People's Court or the competent authority examine and resolve the issue.

Article 20. Reviewing Matters Related to Protecting Judges

1. Through supervisory activities, if violations of the law causing damage to the legitimate rights and interests of Judges are discovered, the Head of the Supervisory Delegation reports to the Chairman of the Council for consideration and recommendation to the competent authorities to apply preventive and cessation measures against such violations.

2. Through receiving written requests for protecting Judges from agencies, organizations, and individuals submitted to the Council, the Council's Working Group reports to the Chairman of the Council.

If necessary, the Chairman of the Council directs the organization to verify and clarify the content of the request.

3. The Chairman of the Council organizes the review of matters related to protecting Judges. Based on the opinions of the Council members, the Council issues a resolution and implements legal provisions to protect Judges, recommending the competent authority to implement policies for Judges who suffer harm to their health or life due to official duties as provided by law, while also issuing a written response to the requesting agencies, organizations, and individuals.

4. The Council reviews proposals for establishing a protection system for Judges, policies for Judges, and other matters related to protecting Judges within its jurisdiction in the following manner:

a) The Chairman of the Council himself or delegates a member of the Council to present the report and related documents (if any);

b) Members of the Council express their opinions and discuss;

c) The Chairman of the Council concludes; Council members present at the meeting vote secretly;

d) Based on the Council's resolution, the Council requests the Chief Justice of the Supreme People's Court to submit a resolution to the Standing Committee of the National Assembly regarding the protection system for Judges; recommends the competent authority to establish and implement systems and policies for Judges.

Chapter IV

ENSURING THE ACTIVITIES OF THE COUNCIL

Article 21. Secretariat of the Council

1. The Secretariat of the Council is the permanent liaison body of the Council established by the Chairman of the Council and operates on a part-time basis.

2. The Secretariat of the Council consists of the Director of the Organization and Cadres Department of the Supreme People's Court as the Head, other members being representatives of leadership and some officials from functional units of the Supreme People's Court, and officers from the Central Military Court, all appointed by the Chairman of the Council.

Article 22. Operating Expenses of the Council

1. The operating expenses of the Council are guaranteed by the state budget and allocated within the operating expenses of the Supreme People's Court. The Supreme People's Court is responsible for managing and implementing the operating expenses of the Council.

2. The Chairman of the Council directs the implementation and is responsible for the use of the Council's operating expenses in accordance with the law.

Article 23. Benefits and Policies for Members of the Council

When performing their duties and powers, members of the Council are entitled to benefits and policies as prescribed by law.

Article 24. Responsibilities of Relevant Agencies and Organizations

1. Agencies and organizations with members participating in the Council have the responsibility to create favorable conditions for members to fulfill their tasks.

2. Relevant agencies and organizations have the responsibility to resolve requests and recommendations of the Council and cooperate with the Council in implementing this Regulation.