Summary of Doctoral dissertation: Quality of judges of people’s court in Laos people’s democratic republic

MINISTRY OF EDUCATION
AND TRAINING
--------/--------

MINISTRY OF HOME
AFFAIRS
-----/-----

NATIONAL ACADEMY OF PUPLIC ADMINISTRATION

Khamphanh SOPHABMIXAY

QUALITY OF JUDGES OF PEOPLE’S COURT IN LAOS
PEOPLE’S DEMOCRATIC REPUBLIC

Major: Public Management
Code: 9.34.04.03

SUMMARY OF DOCTORAL DISSERTATION
OF PUBLIC MANAGEMENT

HA NOI - 2018


The work has been completed at:
NATIONAL ACADEMY OF PUPLIC ADMINISTRATION

Supervisors:
1. Deputy Prof. PhD. Luong Thanh Cuong
2. Deputy Prof. PhD. Nguyen Thi Thu Ha

LIST OF PUNLISHED SCIENTIFIC WORKS RELATED TO
THE THESIS
1. Khamphanh SOPHABMIXAY, Renovating training, retraining of
judges of the people’s courts in Lao People’s Democratic Republic,
State management No. 234, issued in July, 2015, page 96-99
2. Khamphanh SOPHABMIXA, Experience in improving the quality
of judges in some countries in the world, Theoretical Education No.
231, issued in 2015, page 181-183
3. Khamphanh SOPHABMIXAY, Completing criteria on assessing
the quality of judges of the people’s courts in Lao People’s
Democratic Republic, State management No. 242, issued in March,
2016, page 114-116

Reviewer 1: ………………………………………….

Reviewer 2: ………………………………………….

Reviewer 3: ………………………………………….

The dissertation is presented at the Academic-level Dissertation
Assessment Council
Location: Meeting Hall ... floor ... National Academy of Public
Administration No.77, Nguyen Chi Thanh, Dong Da, Hanoi
Time: ... date ... month ... 2018
The dissertation can be found at the library of National

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and selective manner in terms of feasibility and appropriateness to
practice in Laos, specifically the reality of organization and operation
of the state apparatus in general and the people's court apparatus from
central to local in particular.
Improving the quality of people's court judges is one of the
key, urgent tasks that need to be addressed. In particular, the
continuous improvement of the institution, the policy of construction
and management from the planning, creating sources, arranging the
use, training, fostering, to the treatment regime... are significant to
create a favorable legal and environmental corridor to attract and
improve the quality of people's court judges, thereby, constantly
improving the effectiveness and efficiency of the state management
of the people's court system of the Lao People's Democratic
Republic.

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INTRODUCTION
1. The necessity of the thesis
During the human society history, whatever its type or
organization, every state has three branches of power: the legislature,
the executive and the judiciary which are also three functional groups
given to certain subjects of power. In any state organization, with any
state power in the hands of any subject, the judicial power whose
nucleus is the jurisdiction is always enforced to protect the justice or
at least to protect the rights and status of the ruling class.
In types of modern states, a court (also known as a court) is
an institution which plays a central role in the judicial system, which
is also central to the judicial executing agency system of the state

apparatus. Depending on the nature of the state and the political
system, the agency system is organized independently from the
legislature and the executive at various levels. Despite varying in
degree, the ultimate goal of the court is to protect the justice and the
rule of law against violations both from citizens and from the state.
As such, the court is also an extremely important institution in
ensuring legislation.
If the people's court is the center of judicial power, the judge
is the soul of the system of people's courts. Thus, judges are those
who play a role in building the strongest support system for judicial
power. Therefore, it can be seen that the quality of judges of the
People's Courts has a great impact on the effectiveness, efficiency of
judicial activities and the protection of law in practice. The quality of
people's courts judges at a high level is not sufficient to ensure the
effectiveness and efficiency of trial activities due to a variety of
factors. People’s Courts of low level are likely to bring about low
effectiveness, inefficiency of jurisdiction and legal protection. This
logical thinking leads to a firm conclusion that enhancing the quality
of judges is a prerequisite for enhancing the effectiveness and
efficiency of trial of the people's courts.
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Judges are those who directly perform the functions and
duties of the people's court in practice. Therefore, they are also the
ones who directly contribute to the protection of justice, the
protection of the law, the guarantee of a strong rule of law.
In order to ensure the organization and operation of the
judicial system, many divisions and groups of cadres, civil servants
and officials are recruited, appointed to perform various tasks. Judges

are the ones who directly assume the basic and ultimate function of
the court as trial. It means that without judges, there will be no
people who carry out the main activity of the people's court, and the
existence of the people's court is not meaningful in terms of both
theory and practice.
In the rule of law, the People's Court is at the heart of the
exercise of judicial power in order to maintain discipline and rules; to
protect the constitutional and legal solemnity. If a people's court is
considered as a machine, each judge is considered as an important
part of the machine, without judges the machine will not be able to
operate smoothly. It can be said that the judge is an important,
indispensable factor of the people's court system; It also means that
the efficiency of the judicial process at the high or low levels depends
mainly on the quality of the judges.
In the Lao People's Democratic Republic, in the past years,
the training and retraining of judges has been paid due attention by
the Lao government, the quality of judges has gradually improved.
However, in practice in the Lao People's Democratic Republic, the
quality of judges has some limitations that need to be overcome:
In the Lao People's Democratic Republic, in the past years,
although the training and retraining of judges has been paid due
attention by the Lao government, the quality of judges has gradually
improved. .
However, in practice in the Lao People's Democratic Republic, the
quality of judges has some limitations that need to be overcome:

Establishing and perfecting the preferential treatment regime
for for judges of the People's Courts is a major part of the civil
servant reform and judicial reform program undertaken in the current
period in Lao People’s Democratic Republic.

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CONCLUSION
With regard to the people's court system in Laos, the quality of
cadres and civil servants in general, the quality of judges in particular
has become more urgent. This is due to the socio-economic
development characteristics of Laos in the present period, when the
legal system is not synchronous and complete, the apparatus of
exercising the judicial right of the nation has not been perfect yet.
While the pace of integration has increased rapidly, socio-economic
subjects have been constantly exploiting the legal loopholes to profit
unlawfully. With the quality of the people's court judges, the state
management of the judiciary is ineffective and inefficient, causing
considerable damage to the interests of the State and the people. .
That is the basic, key problem when studying, researching the causes
of the state management which is still inadequate as today.
Contributing to basic research with the aim of promoting staffing, as
well as training and retraining policies, improving the quality of
cadres and civil servants in the people's court system in general and
judges of People's Court of Laos in particular, the thesis pointed out
the fundamental shortcomings in quality of the people's court judges
and the underlying causes of that situation. The contents presented by
the thesis are the research, comparison between theoretical issues and
socio-economic realities in Lao PDR in the period of
industrialization, modernization and renovation in many areas of life.
Groups of solutions to improve the quality of cadres and civil
servants of the people's court system are presented in a systematic

 Contents of accomplishing the managerial institution of
cadres and civil servants of the people’s court
4.3.2. Regularly training and educating politics for the
judges of the People's Courts
Training and fostering, political education, ideology, ethical qualities,
professional for the judges and judicial officials should focus on the
practical contents for each judicial titles; The methods of training and
fostering must be studied in an up-to-date way with an aim of
directing performance of tasks systematically.
4.3.3. Rejuvenating judges on a standard basis, ensuring
continuity of development and inheritance
Rejuvenating people's court judges is one of the basic contents
defined in Resolution No. 24/NQ-TW of the 7th Central Committee
of the Lao People's Revolutionary Party, Session VIII on the judicial
reform program for the period 2010-2020 with an aim to constantly
supplement the contingent of staff in the people's court.
4.3.4. Renovating the training and fostering for the
judges of the People's Courts
Training and retraining of judges is to provide professional
training and fostering, to train the contingent of potential officials to
appoint judges, and to perform judicial duties.
4.3.5. Renovating the examination and evaluation of
judges of the People's Courts
To ensure the operation of the people's courts at all levels
and the judges to work more effectively, timely detect weaknesses,
acts of law violation of judges, cadres and civil servants of the
people's courts, the leaders of the judiciary must constantly renovate
the examination and evaluation of judges.

4.3.6 Completing the preferential treatment regime for
judges of the People's Courts

- The contingent of judges are not really stable, professional;
The capacity and competency of the contingent of judges has been
raised to a certain level but not in line with the requirements of the
tasks and there are many inadequacies and limitations in some
aspects such as social knowledge, market economy, foreign language,
and international legal knowledge for international integration, public
administration, public service skills, as well as the ability to apply
modern scientific technology in public service activities.
- The legal document system on organization and
management of cadres and civil servants in general and judges in
particular has been gradually improved, but so far there are still many
inadequacies.
- The professional titles of civil servant ranks has been
standardized, however, it is still not uniform, in fact it is still formal;
The review, classification and evaluation of staff in general and
judges in particular are limited; The planning and rotation of officials
and judges in the sector is slow.
The regimes of management, employment, preferential
treatment and policies, especially salary and allowances for cadres
and civil servants, especially judges, are still unreasonable and
incompatible with their profession and their legal responsibility, they
are not really attractive and fail to create motivation for the
contingent of cadres and civil servants in general and the judges in
particular to raise their responsibilities and to enhance their morality
and work capacity and fail to attract talented people to serve the
court. Furthermore, in comparison with the quality of judges in other
countries in the world and in the region, it is still low; Compared to

the requirements of the Judicial Reform Program for the period 20102020, in the light of Resolution No. 24 of the Lao People's
Revolutionary Party Central Committee on September 4, 2009, the
quality of Lao judges has revealed certain limitations and
inadequacies, not meeting the increasing requirements of the practice
of trial in the current period.

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For the reasons above, I select the topic of "Quality of judges
of the People's Court of the Lao People's Democratic Republic" as
the subject of doctoral dissertation, in which I study and systematize
the theoretical and practical issues in Laos to provide concrete and
practical recommendations and solutions, contributing to the
improvement of the quality of officials and employees of the Lao
People's Court, the judges of the Lao People's Court in particular.
2. Research aims and tasks
2.1. Research aims
On the basis of clarifying the theoretical and practical issues of
quality of judges of the Lao People's Court, the dissertation proposes
measures to improve the quality of judges of the People's Courts in
the People's Democratic Republic Laos in the current period.
2.2. Research tasks
- Systematizing, analyzing and evaluating the overall
situation of research related to the topic, highlighting the already
well-researched, inheritance issues and the issues which should be
further studied.
- Studying the theoretical basis on the quality of judges of the

People's Courts in general and in Laos in particular.
- Analyzing and evaluating the quality of judges of the
People's Courts of Lao People's Democratic Republic, thereby
pointing out the limitations, weaknesses and causes.
- Proposing and recommending measures to improve the
quality of judges of the People's Court of the People's Democratic
Republic of Laos at present.
3. Subjects and scope of research
3.1. Research subjects
The research subject is the theoretical and practical issues of quality
of judges of the People's Courts.
3.2. Research scope
- Regarding time: The thesis studies the quality of judges of the
People's Courts from 2006 to 2016.

4.1.4. Improving the quality of judges of the Lao People's
Courts in order to meet the requirements of regional and
international integration
Given the current requirements of the integration of Laos,
judges and officials, civil servants of the courts are required to
understand the political, economic and social situation in and outside
the country; to fully understand the provisions of international law so
that they can handle and settle disputes related to international
integration and decisions of foreign arbitrators and courts.
4.2. VIEWPOINTS ON IMPROVING THE QUALITY OF
JUDGES OF PEOPLE'S COURTS
Improving the quality of judges of the people's courts must
be in the direction of promoting rights and responsibilities so that
they can actively carry out their tasks; It must be associated with the
renewal of contents and methods of training law bachelors in the

direction of updating new political, legal, economic and social
knowledge; It is aimed at training sufficient number of judicial staff;
It must be associated with the mechanism of attracting and recruiting
high-level people with deep professional knowledge, good working
ability and good morality to work in the system of people's courts at
all levels; It must be associated with the planning and rotation of cadres
and civil servants of the people's court in accordance with the law.

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4.3. SOLUTIONS TO IMPROVE THE QUALITY OF THE
PEOPLE'S COURTS IN THE LAO PEOPLE'S DEMOCRATIC
REPUBLIC
4.3.1. Accomplishing the managerial institution of cadres and
civil servants of the court
 Principle of accomplishing the managerial institution of
cadres and civil servants of the people’s court


Chapter 4
VIEWPOINTS, SOLUTIONS ON IMPROVING THE
QUALITY OF THE PEOPLE'S COURT JUDGES IN THE LAO
PEOPLE'S DEMOCRATIC REPUBLIC
4.1. NECESSITY OF IMPROVING THE QUALITY OF THE
PEOPLE'S COURT JUDGES
4.1.1. Improving the quality of judges of the Lao People's
Courts in order to meet the requirements of building a rule-oflaw state in the Lao People's Democratic Republic
Judges of the People's Courts are the ones who directly

exercise the judicial power in the state power organization system,
which is a special kind of power. Therefore, there are always strict
legal regulations to select, appoint and manage a contingent of judges
to meet the requirements and orientations for building a socialist ruleof-law state in Lao PDR.
4.1.2. Improving the quality of judges of the Lao People's
Courts in order to meet the requirements of the Judicial Reform
Program for the period 2010-2020 and subsequent periods.
The tasks of judges of the People's Courts include the performance of
assigned tasks in accordance with the law, directly assigned by the
Chief Judge and, at the same time, not doing prohibited activities for
judges of the people‘s court.
4.1.3. Improving the quality of judges of the Lao People's
Courts to meet the increasing demands of adjudication
The general requirement of society for all individuals is
linked to the exercise of their position, role in society. In every stage
of development, every single society has different systems of
positions and roles due to the impact of the division of labor, social
and economic, historical and cultural characteristics of each country,
each community.

- Regarding space: The thesis studies the quality of judges of the
People's Courts in the territory of the Lao People's Democratic
Republic.
- Regarding contents: The research focuses on the theoretical and
practical issues related to the quality of judges of the People's Courts
as a scientific basis for the evaluation of reality and solutions of the
quality of judges of the People's Courts People in the People's
Democratic Republic Laos in the current period.
4. Methodology and research method
4.1. Methodology of the thesis

The dissertation is based on the methodology of dialectical
materialism and historical materialism of Marxism-Leninism, the
views of the Lao People's Revolutionary Party and the Lao People's
Democratic Republic on civil servants of people's court in general,
contingent of judges in particular.

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4.2. Research Method of the thesis
The dissertation uses modern public management science and
management theories to build the scientific basis for the quality of
judges of the People's Court of the Lao People's Democratic Republic
and specific research methods are as follows:
Methods of secondary materials research, methods of
analysis, synthesis;
Method of assessment, summation of reality, method of
sociological investigation;
Comparative and forecasting methods;
4. 3. Study theory
The thesis is based on the following theoretical bases:
First, the theory of the organization of state power, the state
apparatus of Marxism-Leninism, in the view of the Lao People's
Revolutionary Party on the socialist rule-of-law state.
Second, theories of personnel management, personnel
assessment; human resource management theory of the psychosocial


schools of McGregory, Entol Mayor and Maslow; The modern

school of Peter Drucker, Chandler, Lewrence.
Third, the theories of design, analysis, and evaluation of
work as the scientific labor organization (FW Taylor, H. Fayol,
Gantt), Adam Smith's theory of specialization, Hackman and
Oldham's psychological theory in Work Design, Theory of working
time standard ...
4.4. Research Hypothesis
In the course of the study, the author of the thesis will
collect, analyze, process and evaluate information to verify and
conclude the correctness of the following research hypotheses:
Hypothesis 1: The quality of people's court judges in the
People's Democratic Republic of Laos is still relatively low and fails
to meet the demands of the country's socio-economic development in
general and of the Lao state apparatus in particular.
Hypothesis 2: Improving the quality of people's court judges
in the Lao People's Democratic Republic is a necessary and urgent
requirement. In order to improve the quality of judges of the People's
Courts in Lao PDR, it is necessary to carry out synchronous solutions
from accomplishing institution, building a contingent of judges,
training, retraining and examination, evaluation and preferential
treatment for judges.
4.5 Research questions
The study of the topic stems from trying to explain the research
questions related to the quality of judges of the People's Courts:
- What is the role of judges in the public administration in
general and in the people's courts?
- What is the quality of judges of the People's Courts and
how it affects the effectiveness and efficiency of civil service?
- How is the quality of judges of the People's Democratic
Republic of Laos (2006 - 2016) expressed in a qualitative and

quantitative way and what are the underlying causes of the quality of
the situation?

Thirdly, the technical equipment and resources in service of
the People's Courts are insufficient and outdated, unable to support
the performance of tasks and official duties of the people’s court
judges.
Fourthly, the perception of a section of judges on the
position, role and importance of the people's courts in judicial reform
is not really correct.
Fifthly, the system of legal documents on the organization
and operation of the People's Courts and the building of the people's
court judges has many shortcomings.
Sixthly, the coordination between judicial agencies and other
concerned agencies and organizations is not tight and synchronous.
Seventhly, sense of responsibility, sense of discipline of a
section of cadres, judges are weak; working style is outdated, not
self-practice and self-criticism.
Eighthly, mechanisms of recruitment, training, fostering,
appointment, reward and discipline of cadres and civil servants of the
people's court are still inadequate.
Ninthly, investment in facilities, working facilities and
ensuring funding for the regular activities of the people's court
system is insufficient, not commensurate with functions and duties.
Tenthly, the agencies in charge of personnel organization in
the sector are slow to innovate; scientific research on organization
and staff is not paid much attention.

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improved and upgraded physically, linked to the development and
improvement of the nation's race according to the national program
of health of cadres and civil servants and public health.
3.3.1.2. Causes
Firstly, training and retraining judges has positive results.
Secondly, the process of selection and appointment obeys
strictly the standards of appointment of judges.
Thirdly, the process of registration, health check and care of
cadres and civil servants of the People's Courts in general, of judges
in particular is improved in many aspects.
Fourthly, the management of judges and the protection of
internal politics are ensured.
3.3.2. Limitations and causes
3.3.2.1. Limitations
Firstly, the contingent of judges is not really stable,
professional; the qualifications and capacity of the judges have been
raised to a certain level but not meeting the requirements of tasks and
they still have many shortcomings.
Secondly, a section of judges has deviated in terms of
political quality, degeneration of life style, revolutionary morality.
Thirdly, the skills of public duties of judges of the People's
Courts are incomplete.
Fourthly, the system of legal documents on organization and
management of cadres and civil servants in general and judges in
particular has been gradually improved. However it still has some
shortcomings.
3.3.2.2. Causes

Firstly, the perception of the development process and the
predictability are still limited.
Secondly, the adverse effects of the market economy, the
materialistic life, the pursuit of money make a section of the people's
court judges degenerate in morality, lifestyle, directly affecting
thinking and behavior of the judges in each specific task.

- Do the quality of people's court judges in the Lao People's
Democratic Republic meet the requirements?
- What can be done to improve the quality of people's court
judges in the Lao People's Democratic Republic?
- What are the views of the Lao People's Revolutionary Party
on improving the quality of people's court judges in the Lao People's
Democratic Republic and what are appropriate solutions?
5. Contribution of thesis
5.1. Theoretical contributions
This thesis is an in-depth study in public management
science, a relatively comprehensive and systematic study of quality
of judges in the people's court system in Laos in the current public
administration reform phase. The theoretical significance of the thesis
is reflected in the following contents:
- Clarifying basic contents and criteria for the quality of
judges in the system of the Lao People's Courts, strengthening the
theoretical basis for assessing the quality of judges of the people's
courts and issues in improving the quality of judges in the judicial
branch. On the basis of concepts of judges of the people's courts;
quality of judges of the people's courts; basic criteria for assessing
the quality of judges of the people's courts; some experiences in
improving the quality of judges of some countries ..., pointing out
basic relationship between the quality of judges of the people's courts

and the efficiency and effectiveness of state management in
implementation of judicial power in Lao PDR at present.
- Analyzing from the perspectives of the Marxist-Leninist
revolutionary theories, state management theory to confirm the
inevitability of constantly improving the quality of the staff of the
people‘s court in general, the people's court judges in particular.
Thereby, pointing out basic principles and requirements of improving
the quality of judges of the People's Courts as well as the meaning of
improving the quality of people's court judges.

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- Analyzing and evaluating factors which affect the quality of
judges of the People's Courts and improvement of the quality of
judges of the People's Courts.
- Proposing orientations and solutions to improve the quality
of the people's court judges in subsequent periods.
5.2. Practical contributions
As a research of state management, the thesis focuses on
theoretical issues associated with the practice of Lao PDR. Thus, the
implementation of the thesis makes concrete contributions in reality:
- The proposals in thesis are one of the bases for the
competent authorities of Lao PDR to refer to the process of
improving the quality of judges of the Lao People's Court.
- The thesis is a reference in studies, teaching civil service,
civil servants in general and contents related to the operation of the
people's courts, the quality of judges of the people's courts in

particular in Lao PDR.
6. Thesis structure
In addition to the introduction, conclusion, list of works, articles
published by the author and reference list, the thesis is divided into 4
chapters:
Chapter 1: Research Overview
Chapter 2: Scientific basis for the quality of judges of the
People's Courts
Chapter 3: Quality of Judges of People's Courts in the Lao
People's Democratic Republic
Chapter 4: Viewpoints and solutions to improve the quality
of judges of the People's Courts in the Lao People's Democratic
Republic

law or higher, 62.4% of middle-ranking judges have bachelor degrees
in law, 37.6% of middle-ranking judges and 100% of judges have a
degree in law.
3.2.2. Public performance skill
Public performance skill of people's court judges is divided into
many types, specific skills, associated with each activity, each type of
case, specific cases.
3.2.3. Political and ethical qualities
Political and ethical qualities are one of the very basic elements that
make up the quality of judges of the people's courts.
3.2.4. Physical
According to the Law of the People's Courts, the selection
and appointment of judges of the People's Courts in Lao PDR has
been carried out more strictly and more closely, ensuring the order of
procedures, including the physical check of those who are appointed
as judges by two rounds of checks.

3.2.5. Results, performance of public duties
Results, performance of public duties are very difficult to assess,
because it is often qualitative, and evaluation scales are often difficult
to define, in which it is easier to assess the results of public duties
than the performance of public duties. Results of public duties are
reflected through specific data; the effectiveness of public duties is
reflected through how it impacts the legal environment in Lao PDR.
3.3. QUALITY ASSESSMENT OF THE PEOPLE'S
COURT JUDGES IN LAO PEOPLE'S DEMOCRATIC REPUBLIC
3.3.1. Advantages and causes
3.3.1.1. Advantages
Firstly, the qualifications and professional capacity of
people's court judges are increasingly enhanced; Secondly, ethical
and political qualities are strengthened. Thirdly, the skill of
performing public duty is increasingly promoted, which is shown by
good accomplishment of the assigned tasks efficiently and time being
shortened; Fourthly, judges of the People's Courts have also been

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Chapter 3
THE QUALITY OF PEOPLE'S COURT JUDGES IN THE LAO
PEOPLE'S DEMOCRATIC REPUBLIC TODAY
3.1. OVERVIEW OF THE QUALITY OF PEOPLE'S
COURT JUDGES IN THE LAO PEOPLE'S DEMOCRATIC
REPUBLIC TODAY
3.1.1. Organizational structure of the People's Courts

3.1.1.1. The Supreme People's Court
3.1.1.2. District People's Courts
3.1.1.3. Provincial People's Court
3.1.1.4. District People's Courts
3.1.2. Jurisdiction of the People's Courts at all levels
The jurisdiction of the People's Courts at all levels is in accordance
with the Law on the People's Courts of the Lao People's Democratic
Republic in 1989 (as amended and supplemented in 2003 and 2009)
as follows:
Supreme People's Court; Regional people's courts; Provincial
People's Courts; District People's Courts
3.2. SITUATION OF THE QUALITY OF PEOPLE'S
COURT JUDGES IN LAO PEOPLE'S DEMOCRATIC REPUBLIC
3.2.1. Qualifications, professional capacity
As of June 2016, the judicial branch of the People's Court of Lao
PDR had 417 judges out of a total of 1,545 officials and employees
of the People's Courts, including 88 high-ranking judges, accounting
for 21.1%; 275 middle-ranking judges, accounting for 65.95%; and
54 primary judges, accounting for 12.95%. Compared to 2015, the
number of judges decreased by 4, of which 01 high-ranking judge
was appointed to perform political tasks in Government; three judges
including a middle-ranking judge and two primary judges were
suspended and disciplined.
According to a report of the Supreme People's Court, 100%
of the judges of the Supreme People's Court have bachelor degree in

Chapter 1
RESEARCH OVERVIEW
1.1. Foreign research work
- Nguyen Phu Trong, Tran Xuan Sam (editors), "The scientific

argument for improving the quality of cadres in the period of
industrialization and modernization of the country", National
Political Publishing House, Ha Noi, 2001; Luong Trong Yem, "Civil
servants, civil servants", National Political Publishing House, Hanoi,
1997; Le Nhu Thanh, "Theoretical and Practical Basis of
Obligations, Rights and Responsibilities of Vietnamese Civil
Servants", Thesis, Hanoi, 2009; To Tu Ha, "Civil servants and issues
of building up the current cadres and civil servants", National
Political Publishing House, Hanoi, 1998. In this paper, the author
presents and analyzes theories of cadres and civil servants. Thang
Van Phuc, Nguyen Minh Phuong (Editor), "Theoretical foundation
and practice of building cadres and civil servants", National Political
Publishing House, Hanoi, 2005; Luong Thanh Cuong, "Some
Theoretical issues of Public Administration Law, Civil Servants,"
Political-Administrative Publishing House, Hanoi, 2011; Nguyen
Trong Dieu, " Civil Service in Vietnam", National Political
Publishing House, Hanoi, 2007; Nguyen Van Tai, "Promoting social
activism of civil servants", National Political Publishing House,
Hanoi, 2002; Thang Van Phuc, Nguyen Minh Phuong, "Building
cadres and civil servants to meet the demands of the socialist rule-oflaw State of the people, by the people, for the people", 2004.
- Vo Kim Son, "Renovation of thinking on training and
fostering cadres and civil servants", Journal of State Management
(2010); Nguyen Huy Kiem, "Improving the quality of cadres and
civil servants of the Mekong Delta"; Bui Dinh Phong, "Ho Chi Minh
ideology on cadres and cadre work", Labor Publishing House, Hanoi,
2002; Thang Van Phuc, Nguyen Minh Phuong, Nguyen Thu Huyen,
"The civil service system and reform trends of some countries in the
world", Publishing House. National Politics, Hanoi, 2004.

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Hoang Thi Phi Nga, "Improving the quality of Vietnamese judges
today", Thesis, Hanoi, 2011; Bui Thi Kim Chi, "Some Issues in
Judge's Dignity model," Journal of Democracy and Law, 2005, No
03; Dang Thi Thanh Nga, "Basic Qualities of the Judge", Journal of
Law, Hanoi, 2002, Issue 05; Pham Hong Thai, "Some Opinions on
Training and Retraining of Administrative Judges", Journal of Legal
Science, Hanoi, 2004, No. 02; Nguyen Thi Hong Tuoi, "Thinking
about what judges must do, judges are allowed to do, preferential
policies for judges," Journal of Democracy and Law, 2002, No. 05;
Nguyen Phuong Thao, "Regulations on standard and selection of
judges in some countries".
1.2. Domestic Research works
- Phen Xa Van Cong Chan Di: "Improving the quality of the key
leadership in the district level in Vientiane Province, Lao People's
Democratic Republic in the Renovation Period," Thesis, Hanoi,
2000; Nylaxay Tayphakhanh: "Improving management capacity for
district leaders in Cham Pa province in Lao People's Democratic
Republic", Thesis, Ho Chi Minh City, 2010; Xaynha Xonophokham:
"Enhancing the Capacity of Government Officials of Vientiane City,
Lao People's Democratic Republic", Thesis, Hanoi, 2004; Thong
Phut Sim Ma, "Some solutions to improve the quality of officials and
civil servants," Journal of Party Building (NDCM Lao) No. 136,
2013.
- Say Ya Sut Sit Phan La Đet, "Strengthening the Working Style of
Officials and Party Members to Meet the Requirements of Political
Accountability in the New Age," Alunmai Journal, No. 2, 2013;

- Santyphap Thavongxay, "Improving the Quality of Officials
and Civil Servants of the Vientiane People's Procuratorate to meet
new tasks," Journal of National Social Science Research, Vientiane,
2013 No.16;
.
- Det Am Nat Sit Thi Phon "Strengthening politics for party
cadres in the Supreme People's Court is an objective necessity,"
Journal of Party Building No. 141, 2013 (in Lao).

2.2.5. Organizational structure and staff
The organizational structure of the People's Courts is the
method of establishing, arranging, assigning and operating
mechanisms of the system of people's courts and judges to perform
the functions and duties of the people's courts in the exercise of state
judicial power.
2.3. SOME EXPERIENCE IN IMPROVING THE
QUALITY OF JUDGES IN SOME COUNTRIES IN ASEAN
REGIONS AND REFERENCES TO LAO PEOPLE'S
DEMOCRATIC REPUBLIC
2.3.1. Experience in Vietnam
Selecting how to appoint and setting criteria for appointing judges;
Salaries and other remuneration policies for judges.
2.3.2. Experience in Thailand
Court organization model applied in Thailand consists of 3 levels: the
Supreme Court, the Court of Appeal and the Court of First Instance.
2.3.3. Experience in Singapore
In Singapore, the quality of judges is improved through a number of
measures, first of all specifying the criteria for appointment of judges
and rigorous selection of judges.
2.3.4. Experience in Malaysia

Criteria and legal procedures for appointing judges; Judge
Employment and evaluation; Specifying the retirement age for judges
2.3.5. Reference values for the Lao People's Democratic
Republic
2.3.5.1. Determining the criteria for appointing judges
appropriately, scientifically and modernly
2.3.5.2. Increasing the independence of judges of the
People's Courts in trial activities
2.3.5.3. Improving the efficiency of the examination and
evaluation of the quality of judges
2.3.5.4. Ensuring salary and other remuneration policies for
judges

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performing the public duties and duties of people's court judges.
Results of judges' performance may be positive or negative,
depending on the specific performance of the judges in practice.
2.2. FACTORS AFFECTING THE QUALITY OF
PEOPLE'S COURT JUDGES
2.2.1. Planning, selecting and employing judges
The planning, selection and employment of the people's court judges
is very important for the judicial sector to have constantly increasing
qualified judges.
2.2.2. Examination and evaluation of people's court judges
Examination and evaluation of people's court judges is an important
and necessary task, ensuring that they are always the true

representatives, protecting justice, protecting the law, protecting the
order, social safety, legitimate rights and interests of the State,
organizations and citizens.
2.2.3. Training and fostering judges of the people's courts
Training and fostering is creating opportunities for people to learn,
facilitating organizations to achieve their goals by increasing their
capacity, increasing the value of the most important basic resources,
that is staff, cadres and civil servants working in the organization.
Training and fostering affect people in the organization, enabling
them to work better, allowing them to make better use of their
abilities and potential, and to promote their full potential.
2.2.4. Remuneration and preferential policy for judges of
the People's Courts
Remuneration and preferential policy for judges of the People's
Courts in general and salary policies in particular are a socioeconomic issue of the country in the period of industrialization and
modernization and international integration; the basic motivation,
encouraging dedication, loyalty; hard and effective work of judges of
the People's Courts; At the same time, it is the basis for improving
the quality of the civil service, contributing to the rapid and
sustainable development of the country.

1.3. Research review and evaluation
First, regarding the rationale of judges of the People's
Courts;
The topic has been mentioned by scientific works to some extent,
however there has been no in-depth study to clarify the
characteristics and role of judges in the performance of functions and
duties of people's courts in Laos, Vietnam and some other countries
under the the perspective of public management science so far.
Second, regarding the status quo of people's court judges.

Research shows that each study has made assessment on the quality
of the people's courts judges who contribute to the effectiveness and
efficiency of judicial activities. the people's court system; affirming
the objective indispensability in improving the quality of the
contingent of cadres and civil servants of the people's court in general
and enhancing the quality of the people's court judges in particular.
Third, regarding solutions to improve the quality of people's
court judges
The researches have not provided a synchronous and sustainable
solutions to improve the quality of people's court judges in Laos.
In conclusion, it can be said that there has been no comprehensive
and special research of the quality of people's court judges in Laos.
1.4. The issues set forth by the thesis are further studied to
resolve
First, building the theories of quality of the people's court judges
Second, the analysis and assessment of the status quo of the people's
court judges
Third, orienting and proposing solutions to improve the quality of
the people's court judges

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Chapter 2
RATIONALEFOR THE QUALITY OF THE PEOPLE'S
COURT JUDGES
2.1. CONCEPTS OF THE QUALITY OF THE PEOPLE'S COURT
JUDGES

2.1.1. The People's Court Judge
Under the provisions of the 2010 Ordinance on Judges of the People's
Courts of the People's Democratic Republic of Lao, judges of the
People's Courts shall be appointed in accordance with the provisions
of law to adjudicate cases and settling other matters under the
competence of the People's Courts.
2.1.2. Quality of the people's court judges
2.1.2.1. Concept of quality
Quality is a term used to describe the totality of attributes and
qualities associated with the specific characteristics of a thing and to
reflect value of things or the thing.
2.1.2.2. Concept of quality of people's court judges
The quality of the People's Court judges of is the totality of values,
characteristics such as: physical, professional qualifications,
professional capacity, political and ethical qualities which are defined
to reflect the level of satisfaction of the requirements and tasks of
people's courts judge according to the provisions of law.
2.1.2.3. Characteristics of quality of of the people's court
judges
First, the quality of people's court judges is the totality of
many different qualities.
Second, independence and adherence to the Constitution, the
law is a characteristic of the quality of the people's court judges.
Third, the quality of people's court judges is closely linked to
the ability to meet the requirements of public affairs.
Fourth, the quality of people's court judges is difficult to
quantify accurately and objectively.

Fifth, the quality of the people's court judges is constantly
changing.

2.1.3. State management over the quality of the people's court
judges
Issuing documents, regulations, intensifying inspection and
examination, selecting and appointing judges; Training and fostering
judges; Timely honoring and rewarding; Strictly handling violations
2. ASSESSMENT CRITERIA FOR THE QUALITY OF
PEOPLE'S COURT JUDGES
2.1.3. Professional level, qualification, capacity
Levels are understood to be degree, ability to understand thoroughly
or little about specific objects. Levels include: education,
professional qualifications and political theoretical level.
2.1.4. Performance skills
Performance skill is the ability to perform well the tasks assigned
under the provisions of the law regarding contents and competence to
implement the given state objectives.
2.1.5. Political and ethical qualities
Political and ethical qualities are construed as the ability, the
condition of the subject due to training or the inherently natural
qualities to carry out an activity. Political and ethical qualities are
always associated with human beings and human activities; it is the
actual level and ability of the people, the community of people in
activity. The results of individual or community activity in practice
are the basis for assessing the quality of the individual or community.
2.1.6. Physical
Physical is a term used to refer to the quality of the human
body, which is a relatively stable feature in terms of form and
function of the body that is formed and developed by the innate
inheritance and the impact of the living environment.
2.1.7. Results of public performance
The results of public performance of the People's Courts judges are

changes, material or legal values created by the process of

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