Supreme Court of Vietnam

**Established**
2 November 1948

**Location**
Saigon, Vietnam

**Composition method**
Collegiate Council nomination with final selection given to the President and with advice and consent from the Senate

**Authorised by**
Constitution of Vietnam

**Judge term length**
No term limit; mandatory retirement by age 75

**Number of positions**
9 (by statute)

**Chief Justice of the Supreme Court**

**Currently**
Võ Diệu Huy

**Since**
8 May 2010

**Meeting place**

Supreme Court Building

The **Supreme Court of Vietnam**, officially the **Supreme Court of the Republic of Vietnam** *(Tối cao Pháp viện Việt Nam Cộng hòa).*

## Judges

### Qualifications for appointment

* Must hold a law degree from a Vietnamese Bar Association-approved institution
* Must have served at least 10 years in the Provincial or High Court system
* Must be in good standing with the VBA
* Must renounce all political affiliation upon confirmation

### Appointment process

* Nomination by Collegiate Council: A Collegiate Council under the National Judiciary Council is established, consisting of legal scholars, judges, and representatives from the legal profession. This Council is responsible for reviewing and selecting potential candidates for the Supreme Court vacancy.
* Application and Evaluation: Interested candidates submit their applications, including their legal qualifications, professional experience, and a comprehensive portfolio of their legal writings and judgments. The Collegiate Council carefully evaluates each application based on merit, integrity, and legal expertise.
* Public Consultation: The Collegiate Council conducts a series of public hearings where candidates present their legal philosophy, views on important legal issues, and respond to questions from the Council members and the public. These hearings provide an opportunity for transparency and allow citizens to have a direct voice in the selection process.
* Council Deliberation: After the public consultation, the Collegiate Council engages in thorough deliberations to assess the suitability of each candidate. They consider factors such as legal knowledge, impartiality, professional ethics, and commitment to upholding the constitution and the rule of law.
* Final Selection: The Collegiate Council narrows down the candidate pool to a shortlist of the most qualified individuals. They submit their recommendations to the head of state.
* Confirmation by Legislature: The legislative body holds confirmation hearings to assess the qualifications and suitability of the nominee. The nominee is questioned on their legal expertise, judicial philosophy, and potential conflicts of interest. A majority vote is required for confirmation.
* Judicial Training and Orientation: Once confirmed, the nominee undergoes a comprehensive training and orientation program to familiarize themselves with the judicial procedures, rules, and norms of the Supreme Court.
* Oath of Office: The newly appointed Supreme Court justice takes an oath of office, publicly affirming their commitment to uphold the constitution, administer justice impartially, and fulfill their judicial duties with integrity and diligence.

## Term length

There is no term limit for Supreme Court Justices, instead all justices may serve until age 75, which is the required retirement age of all federal and provincial level judges.

## Building

The justices meet in the Supreme Court Building in Saigon; built in 1975 with the Supreme Court chamber occupying the East wing of the main building. Individual justice chambers are on the west-end of the ground floor. The Supreme Court Library occupies the central area of the building.

## Landmark Decisions

* *Trần Hà Nhi v. Vietnam* (1994) — Defines cruel and unusual punishment
* Citizens United v. Democracy Act (2023): A case challenging campaign finance regulations, specifically the restrictions on corporate spending in elections and the constitutionality of limiting political contributions from individuals.
* United States v. Tech Giant Corp. (2024): A case involving a major technology company accused of antitrust violations and monopolistic practices, raising questions about the limits of corporate power and consumer protection.
* Smith v. State (2025): A case examining the constitutionality of a state's strict voter identification law, addressing issues of voter suppression, equal protection, and the right to vote.
* Johnson v. Immigration and Customs Enforcement (2026): A case challenging the detention of immigrants without bond hearings, focusing on due process rights and the scope of executive authority in immigration enforcement.
* Doe v. National Security Agency (2027): A case challenging the constitutionality of mass surveillance programs and the collection of metadata by intelligence agencies, raising concerns about privacy rights and government surveillance powers.
* Brown v. School District (2028): A case involving a school district accused of perpetuating racial segregation in its school assignments, revisiting the legacy of Brown v. Board of Education and examining the ongoing issues of racial equality in education.
* Roe v. State (2029): A case revisiting the right to abortion, examining a state law imposing significant restrictions on access to abortion services and addressing the balance between a woman's reproductive rights and state interests.
* Smith v. Social Media Platform (2030): A case exploring the limits of free speech on social media platforms, specifically addressing content moderation policies, the role of private companies in regulating speech, and the impact on public discourse.
* Hernandez v. State (2031): A case dealing with the constitutionality of the death penalty, examining issues such as racial bias, cruel and unusual punishment, and the evolving standards of decency.
* Doe v. State (2032): A case concerning the constitutionality of a state's firearm restrictions, evaluating the balance between public safety and the Second Amendment rights of individuals.