Standards for appointing Court clerks in Vietnam from January 1, 2025

Standards for appointing Court clerks in Vietnam from January 1, 2025 (Image from the internet)

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

Regulations on Court clerks in Vietnam

A Court Clerk is a person who meets the standards and conditions as stipulated by the Law on Organization of People's Courts 2024 and is appointed by the Chief Justice of the Supreme People’s Court to conduct procedural tasks, administrative, judicial tasks, and other duties as specified in the Law on Organization of People's Courts 2024.

(Article 116 Law on Organization of People's Courts 2024)

Standards for appointing Court clerks in Vietnam from January 1, 2025

According to Article 117 Law on Organization of People's Courts 2024, Vietnamese citizens who meet the following standards and conditions are considered for the appointment as Court clerks:

- Possess a Bachelor’s degree in law or higher;

- Recruited as a court official;

- Trained in the professional duties of a Court Clerk.

Court clerks must meet the aforementioned standards.

Ranks of court clerks from January 1, 2025

- Court clerks have the following grades:

+ Clerk;

+ Principal Clerk;

+ Senior Clerk.

- The Chief Justice of the Supreme People’s Court specifies the detailed conditions for each grade and the promotion criteria for Court clerks.

- The Chief Justice of the Supreme People’s Court stipulates the structural ratio of the various grades of Court clerks at the Courts.

(Article 118 Law on Organization of People's Courts 2024)

Duties and powers of Court clerks in Vietnam

- Court clerks have the following duties and powers:

+ Act as Clerk in court sessions and carry out procedural activities as specified by law;

+ Carry out administrative, judicial tasks and other duties and powers as assigned by the Chief Justice;

+ Perform other duties and powers as stipulated by law.

- Court clerks are accountable to the law and to the Chief Justice for performing their duties and powers.

(Article 119 Law on Organization of People's Courts 2024)

Policies and benefits for Court clerks in Vietnam

Court clerks are entitled to the following policies and regimes:

- Receive salary and allowance as specified in Article 142 Law on Organization of People's Courts 2024;

- Provided with uniforms and a certificate of judicial title to perform duties;

- Receive training and professional development to enhance professional skills;

- Rewarded as per the provisions of the law on emulation and commendation.

(Article 120 Law on Organization of People's Courts 2024)

Commendation and disciplinary measures in the operations of People's Courts in Vietnam

- Judges, Court Examiners, Court clerks, other officials, public employees, and workers of the People’s Courts who have outstanding achievements in their work shall be commended according to the law on emulation and commendation, and the regulations of the Supreme People's Court.

Judges, Court Examiners, Court clerks, other officials, and military personnel of the Military Court who have outstanding achievements in their work shall be commended according to the law on emulation and commendation, the regulations of the Supreme People’s Court, and the Ministry of National Defense.

- Judges, Court Examiners, Court clerks, other officials, public employees, and workers of the People’s Courts who violate the law or discipline will be subject to disciplinary actions, administrative penalties, or criminal prosecution depending on the nature and extent of the violation as prescribed by law.

Judges, Court Examiners, Court clerks, other officials, and military personnel of the Military Court who violate the law or discipline will be subject to disciplinary actions, administrative penalties, or criminal prosecution depending on the nature and extent of the violation as prescribed by law.

(Article 149 Law on Organization of People's Courts 2024)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE