Regarding the composition of the trial panel in court, I would like to ask: what is the role of the people's assessor, and how does it differ from that of the judge? Who has more authority when it comes to deciding the verdict?
Although they both sit on the trial panel, how do their roles and the nature of their work differ?
I believe this is a matter of basic legal knowledge that would be beneficial for everyone to understand.
Thank you.
Reader Giang Son
Legal Advisory
The 2024 Law on the Organization of People's Courts (as amended and supplemented) stipulates that people's assessors are representatives of the people who participate in court trials.
The role of people's assessors is to help ensure democracy, objectivity, and social justice during court proceedings; at the same time, they contribute to overseeing the court's adjudicative activities and protecting the legitimate rights and interests of the State, organizations, and citizens.
Regarding the rights of Trial Panel members—comprising judges and people's assessors—the law stipulates that when voting on the resolution of a case, people's assessors hold equal status with judges, and decisions are made based on a majority vote.
Regarding the differences, people's assessors and judges are compared based on the following key criteria:
Professional Status
People's assessors are elected by the provincial-level People's Council based on a list nominated by the provincial-level Vietnam Fatherland Front Committee.
People's assessors are not part of the court's permanent staff and do not receive a salary; instead, they receive an allowance for their participation in trials.
In contrast, judges are civil servants who receive a salary from the state budget, are part of the court's permanent staff, and are appointed by the President.
Professional Qualifications
People's assessors are only required to have an understanding of the law; a bachelor's degree in law is not mandatory. Judges, however, are required to hold at least a bachelor's degree in law and must have passed the selection examination for People's Court judges.
Stages of Procedural Participation
People's assessors participate only in first-instance trials (criminal, civil, or administrative); they do not participate in other procedural activities such as taking testimony, conciliation, or confrontation.
People's assessors do not participate in appellate trials. Meanwhile, judges participate in proceedings at all levels (first-instance, appellate, cassation, and retrial).
Tenure
The term of office for people's assessors corresponds to the term of the People's Council that elected them (typically five years).
In contrast, a People's Court judge appointed for the first time serves a five-year term starting from the date of appointment.
Reappointed People's Court judges serve until retirement or transfer to another position. The term of a Supreme People's Court judge runs from the date of appointment until retirement or transfer to another position.