Conditions for appointment of court examiners in Vietnam from January 01, 2025

Conditions for appointment of court examiners in Vietnam from January 01, 2025 (Image from the Internet)

Law on the Organization of People's Courts 2024 was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 7th session on June 24, 2024.

Who is a court examiner under the law in Vietnam?

A court examiner is an individual who meets the standards and conditions as stipulated in the Law on the Organization of People's Courts 2024 and is appointed by the Chief Justice of the Supreme People's Court to perform the task of examining case files and other duties as regulated by the Law on the Organization of People's Courts 2024.

The grades of court examiners include:

- Examiner;- Principal Examiner;- Senior Examiner.

(Article 111 and Clause 1 Article 114 of the Law on the Organization of People's Courts 2024)

Conditions for appointment of court examiners in Vietnam from January 01, 2025

To be considered for appointment as a court examiner in Vietnam, an individual must meet the standards set forth in Article 112 of the Law on the Organization of People's Courts 2024, including:

- Being a Vietnamese citizen, loyal to the Fatherland and the Constitution, with good ethical qualities, strong political courage, integrity, and honesty.- Holding a bachelor's degree in law or higher.- Being an official of the court.- Having undergone training in court examining or adjudication.- Having a period of legal work experience.- Having the health condition to fulfill the assigned tasks.

Additionally, the individual must meet one of the following conditions:

- Having served as a Court Clerk for at least 3 years;- Having at least 3 years of legal work experience.

(Article 113 of the Law on the Organization of People's Courts 2024)

Duties and powers of court examiners from January 01, 2025

Article 115 of the Law on the Organization of People's Courts 2024 stipulates the duties and powers of court examiners from January 01, 2025 as follows:

- Court examiners have the following duties and powers:

+ Studying and proposing the acceptance of petitions for cassation, retrial;

+ Studying requests, proposals, recommendations for cassation, retrial; examining the files, documents, and evidence of cases for which the court judgments or decisions have taken legal effect, and proposing solutions;+ Inspecting and appraising documents and evidence according to law provisions;

+ Advising, performing tasks in judgment enforcement under the court's authority;

+ Studying legally effective judgments to propose the selection and development of precedents;

+ Advising on summarizing trial practices to ensure uniform application of the law in adjudication;

+ Performing other duties and powers as prescribed by law.

- Court examiners perform the duties and powers specified in Clause 1, Article 115 of the Law on the Organization of People's Courts 2024 and other duties assigned by the Chief Justice.

- Court examiners are responsible before the law and the Chief Justice for their performance of duties and powers.

Policies and benefits for court examiners in Vietnam from January 01, 2025

Court examiners in Vietnam are entitled to the following policies and benefits:

- Receiving salary and allowances as stipulated in Article 142 of the Law on the Organization of People's Courts 2024;

- Being provided uniforms and a Certificate of Judicial Title for performing duties;

- Being trained and further educated to enhance professional expertise;

- Being rewarded according to the law on emulation and commendation.

More details can be found in the Law on the Organization of People's Courts 2024, which comes into force in Vietnam from January 01, 2025.

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