Number of pages: 32 pages
Authors: Pip Nicholson, Nguyen Hung Quang
Year Published: 2018
Abstract:
“Independence, Impartiality and Integrity of the Judiciary in Vietnam” is a collaborative research project between Professor Pip Nicholson and Lawyer Nguyen Hung Quang. The study reviews Vietnam’s judicial reforms since 2002, marked by the issuance of Resolution 08 of the Politburo, and the changes during the 2013 – 2014 period aimed at enhancing the independence of the courts from other state agencies. The research finds that judicial independence in Vietnam differs from the concept as understood in Western judicial systems. However, the authors also observe signs that the Vietnamese State is seeking opportunities to improve the integrity, transparency, operational capacity of the judiciary, and the protection of citizens’ rights.
The study systematically examines the historical evolution of the functions and duties of the courts and judges, as guided by the Constitution and the Party’s resolutions on “judicial power.” It also analyzes the mechanisms for the appointment and dismissal of judges, as well as the procedures for handling complaints and denunciations related to judicial activities, and how these mechanisms currently affect the quality of judges and court operations. Based on their findings and assessments, the authors argue that the Vietnamese State should enhance transparency, accountability, and oversight mechanisms within the judiciary, and improve the institutional framework related to the appointment of judges in Vietnam.
Suggested Citation: Nicholson, P., & Quang, N. (2017). Independence, Impartiality and Integrity of the Judiciary in Vietnam. In H. Lee & M. Pittard (Eds.), Asia-Pacific Judiciaries: Independence, Impartiality and Integrity (pp. 372-393). Cambridge: Cambridge University Press. doi:10.1017/9781316480946.019
See further information about the book at: https://www.cambridge.org/core/books/asiapacific-judiciaries/2CCAFD0E1A4EA95417C0A7BDB6CB49FA
