File on the Dismissal and Revocation of the Construction Judicial Examiner Card at Central Agencies under the Management of the Ministry of Construction Includes What?
What does the dossier for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction include?
Based on the regulations at Sub-section 1, Section 1, Part A of the Administrative Procedures issued together with Decision 694/QD-BXD in 2023, the dossier for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction includes:
- A document requesting the dismissal of the judicial expert from the managing agency or organization, or an application for dismissal from the judicial expert.
- Documents proving that the judicial expert belongs to one of the cases specified in Clause 1, Article 10 of the Law on Judicial Expertise 2012, as amended and supplemented in Clause 6, Article 1 of the Law on Amending and Supplementing a Number of Articles of the Law on Judicial Expertise 2020. Specifically:
+ No longer meeting the criteria specified in Clause 1, Article 7 of the Law on Judicial Expertise 2012;
+ Falling into one of the cases specified in Clause 2, Article 7 of the Law on Judicial Expertise 2012;
+ Being disciplined from the warning level or higher or being administratively sanctioned for intentionally violating the provisions of the law on judicial expertise;
+ Performing one of the acts specified in Article 6 of the Law on Judicial Expertise 2012;
+ Having a retirement or resignation decision, except in cases where there is a document expressing the desire to continue participating in judicial expertise activities and the directly managing agency or organization needs to use them according to the provisions of the law;
+ Transferring work positions or transferring to other agencies or organizations without suitable conditions to continue performing judicial expertise;
+ At the request of the judicial expert. In case the judicial expert is an official or public employee, military officer, people's police officer, professional military personnel, or national defense worker, it must be approved by the directly managing agency or organization;
+ The judicial expert is appointed to establish a Judicial Expertise Office but after one year from the date of appointment, the Office has not been established, or one year from the date of the decision permitting the establishment, the Office has not registered for operation.
What does the dossier for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction include?
How are the procedures for dismissal and revocation of the construction judicial expert card at central agencies under the management implemented?
Based on the regulations at Sub-section 1, Section 1, Part A of the Administrative Procedures issued together with Decision 694/QD-BXD in 2023, the procedures for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction are as follows:
Procedural steps:
- The managing agency or organization of the judicial expert prepares the dossier for dismissal and revocation of the construction judicial expert card and submits it to the reception and result-returning department of the Ministry of Construction;
- The State Quality Control Department for Construction Projects receives, checks the dossier requesting the dismissal and revocation of the judicial expert card, and submits it to the Minister of Construction for consideration and decision;
- Within 10 days from the date of receipt of a valid dossier, the Minister of Construction issues a decision on the dismissal and revocation of the construction judicial expert card;
Method of implementation: Direct submission or via postal services.
Time limit for resolution: Within 10 days from the date of receipt of a valid dossier.
What are the requirements and conditions for implementing the procedures for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction?
Based on the regulations at Sub-section 1, Section 1, Part A of the Administrative Procedures issued together with Decision 694/QD-BXD in 2023, the requirements and conditions for implementing the procedures for dismissal and revocation of the construction judicial expert card at central agencies under the management of the Ministry of Construction are as follows:
- No longer meeting the criteria specified in Clause 1, Article 7 of the Law on Judicial Expertise 2022;
- Falling into one of the cases specified in Clause 2, Article 7 of the Law on Judicial Expertise 2022;
- Being disciplined from the warning level or higher or being administratively sanctioned for intentionally violating the provisions of the law on judicial expertise;
- Performing one of the acts specified in Article 6 of the Law on Judicial Expertise 2022;
+ Having a retirement or resignation decision, except in cases where there is a document expressing the desire to continue participating in judicial expertise activities and the directly managing agency or organization needs to use them according to the provisions of the law;
- Transferring work positions or transferring to other agencies or organizations without suitable conditions to continue performing judicial expertise;
- At the request of the judicial expert. In case the judicial expert is an official or public employee, military officer, people's police officer, professional military personnel, or national defense worker, it must be approved by the directly managing agency or organization;
- The judicial expert is appointed to establish a Judicial Expertise Office but after one year from the date of appointment, the Office has not been established, or one year from the date of the decision permitting the establishment, the Office has not registered for operation.
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