How many ranks of examiner at the district-level People's Courts? Who has the right to appoint examiners at the district-level People's Courts in Vietnam?
Vietnam: How many ranks of examiner at the district-level People's Courts?
The ranks of examiner at district-level People's Courts as prescribed in Clauses 1 and 2, Article 93 of the Law on Organization of People's Courts 2014 are as follows:
Examiners
1. Examiners must be professional civil servants of courts who have worked as court clerks for at least 5 years and been professionally trained and appointed to work as examiners.
Examiner ranks include:
a/ Examiners;
b/ Principal examiners;
c/ Senior examiners.
The criteria, conditions and examinations for examiner rank promotion shall be stipulated by the Chief Justice of the Supreme People’s Court.
2. The Supreme People’s Court, superior people’s courts and the Central Military Court may have the examiner ranks specified in Clause 1 of this Article.
People’s courts of provinces and centrally run cities, military courts of military zones and the equivalent, people’s courts of rural districts, urban districts, towns, provincial cities and the equivalent, and regional military courts may have the examiner ranks specified at Points a and b, Clause 1 of this Article.
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According to the above regulations, the district-level People's Court has 02 ranks of examiner including:
- Examiners;
- Principal examiners;
How many ranks of examiner at the district-level People's Courts? Who has the right to appoint examiners at the district-level People's Courts in Vietnam?
Who has the right to appoint examiners at the district-level People's Courts in Vietnam?
Pursuant to the provisions of Clause 3, Article 93 of the Law on Organization of People's Courts 2014 as follows:
Examiners
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3. The Chief Justice of the Supreme People’s Court shall appoint examiners of the Supreme People’s Court and senior examiners of superior people’s courts and the Central Military Court.
Chief justices of superior people’s courts and the Chief Justice of the Central Military Court shall appoint examiners and principal examiners of superior people’s courts and the Central Military Court.
Chief justices of people’s courts of provinces and centrally run cities shall appoint examiners and principal examiners of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent.
Chief justices of military courts of military zones and the equivalent shall appoint examiners and principal examiners of military courts of military zones and the equivalent and of regional military courts.
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Thus, according to the above regulations, chief justices of people’s courts of provinces and centrally run cities shall appoint examiners and principal examiners of people’s courts of district.
What are the duties and powers of examiners at district-level People's Courts in Vietnam?
Pursuant to Clause 4, Article 93 of the Law on Organization of People's Courts 2014 as follows:
Examiners
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4. An examiner has the following duties and powers:
a/ To examine files of cases for which court judgments or decision have taken legal effect as assigned by the chief justice of his/her court;
b/ To conclude on the examination and report examination results to the chief justice of his/her court;
c/ The examiner in charge of judgment enforcement shall assist the chief justice in performing his/her judgment enforcement duties under the jurisdiction of his/her court;
d/ To perform other duties as assigned by the chief justice of his/her court.
5. Examiners shall be held responsible before law and answerable to their chief justice for the performance of their duties and exercise of their powers. If committing illegal acts, they shall be disciplined, dismissed or examined for penal liability in accordance with law depending on the nature and seriousness of their violations.
Accordingly, examiners at district-level People's Courts perform the following duties and powers:
- To examine files of cases for which court judgments or decision have taken legal effect as assigned by the chief justice of his/her court;
- To conclude on the examination and report examination results to the chief justice of his/her court;
- The examiner in charge of judgment enforcement shall assist the chief justice in performing his/her judgment enforcement duties under the jurisdiction of his/her court;
- To perform other duties as assigned by the chief justice of his/her court.
Note: Examiners at district-level People's Courts shall be held responsible before law and answerable to their chief justice for the performance of their duties and exercise of their powers. If committing illegal acts, they shall be disciplined, dismissed or examined for penal liability in accordance with law depending on the nature and seriousness of their violations
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