Chương IX Luật tổ chức Toà án nhân dân 2014: Thư ký Toà án, thẩm tra viên

Chapter IX

COURT CLERKS, EXAMINERS

Article 92. Court clerks

1. Court clerks must possess a bachelor or higher degree in law, shall be recruited by courts, professionally trained and appointed to work as court clerks.

Court clerk ranks include:

a/ Clerks;

b/ Principal clerks;

c/ Senior clerks.

The criteria, conditions and examinations for court clerk rank promotion shall be decided by the Chief Justice of the Supreme People’s Court.

2. The Supreme People’s Court, superior people’s courts, the Central Military Court, courts of provinces and centrally run cities, military courts of military zones and the equivalent may have the court clerk ranks specified in Clause 1 of this Article.

People’s courts of rural districts, urban districts, towns, provincial cities and the equivalent and regional military courts may have the court clerk ranks specified at Points a and b, Clause 1 of this Article.

3. The Chief Justice of the Supreme People’s Court shall appoint clerks of the Supreme People’s Court and senior clerks of superior people’s courts, the Central Military Court, courts of provinces and centrally run cities, military courts of military zones and the equivalent.

Chief justices of superior people’s courts and the Central Military Court shall appoint clerks and principal clerks of superior people’s courts and the Central Military Court.

Chief justices of people’s courts of provinces and centrally run cities shall appoint clerks and principal clerks of people’s courts of provinces, centrally run cities, rural districts, urban districts, towns, provincial cities and the equivalent.

Chief justices of military courts and the equivalent shall appoint clerks and principal clerks of military courts of military zones and the equivalent and of regional military courts.

4. Court clerks have the following duties and powers:

a/ To act as clerks of court hearings and conduct procedural activities prescribed by the procedural law;

b/ To perform administrative and judicial duties and other duties as assigned by the chief justice of their court.

5. Court clerks shall be held responsible before law and answerable to the chief justice of their court for the performance of their duties and exercise of their powers.

Article 93. 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.

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.

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.

Article 94. Entitlements and policies for court clerks and examiners

1. The State shall adopt preferential policies on salaries and allowances for court clerks and examiners.

Salaries and allowances for court clerks and examiners shall be decided by the National Assembly Standing Committee.

2. Court clerks and examiners shall be provided with official attires and title cards. Model attires and title cards shall be decided by the Chief Justice of the Supreme People’s Court.

3. Court clerks and examiners shall be provided with professional training in adjudication skills and conditions for learning and study for elevation of qualifications.

4. Court clerks and examiners shall be commended and rewarded in accordance with the law on emulation and commendation.