This is part of a draft resolution on the regime for protecting judges, expected to be submitted to the National Assembly Standing Committee for approval, with a proposed effective date of 1/1/2027.

The draft resolution marks the first time a comprehensive protection mechanism specifically for judges has been outlined in a legal document.

The Constitution stipulates that "judges and jurors shall adjudicate independently and only obey the law; any agency, organization, or individual is strictly prohibited from interfering with adjudication."

In drafting this resolution, the Supreme People's Court has built upon the spirit of the Constitution and expanded several provisions. Specifically, the draft states that judges cannot be asked to perform tasks beyond their assigned jurisdiction. Judges also have the right to decline requests for non-specialized assignments or demands that compromise their independence, impartiality, and objectivity during case resolution.

The draft allows judges 'not to explain' and prohibits them from disclosing their judicial opinions on cases or matters currently under review.

During this phase, they are also exempt from investigation regarding their adjudication, unless there is evidence of a criminal law violation.

For acts of spreading false information, authorities have the power to demand correction and removal of such information to protect judges' reputations.

Judges granted reduced liability for following superior orders unknowingly unlawful

In the course of their official duties, the Supreme People's Court proposes that judges be exempted from or granted reduced liability when acting upon a superior's request or decision that they did not know was unlawful.

They may also be considered for exclusion of liability when faced with a decision or conclusion they believe is unlawful, and have submitted a written objection but were still required to proceed. Judges whose judgments are overturned or amended due to subjective errors warranting disciplinary action, but without signs of corruption, may also receive exemption or reduced liability.

Individuals who proactively detect, prevent, remedy consequences, or promptly report their errors are also proposed to benefit from this protection mechanism.

Another new aspect is the mechanism to protect judges when implementing innovative proposals for the common good that have been authorized by competent authorities. In such cases, even if damages occur, they may still be excluded from or exempted from liability.

For violations not serious enough for criminal prosecution, if judges voluntarily resign or retire before the competent authorities detect and address the issues, they may receive reduced disciplinary action.

The draft is currently open for public comment until 23/8.

Hai Thu