From July 20, 2022 will apply the new form of judicial assessment Vietnam conclusion in Circular 01/2022/TT-BVHTTDL?
What is the conclusion of the judicial assessment Vietnam?
Pursuant to the provisions of Article 32 of the Law on Judicial Assessment 2012 (amended by Clause 18, Article 1 of the Amended Law on Judicial Assessment 2020), the following regulations:
“Article 32. Judicial expertise conclusions
1. Judicial expertise conclusions must be in writing, including the following contents:
a) Full name of the judicial expert; organize the implementation of judicial expertise;
b) Name of agency competent to conduct procedures, full name of person competent to conduct procedure soliciting judicial expertise; the number of the request for assessment or the full name of the person requesting the expertise;
c) Information identifying the subject of expertise;
d) Time to receive documents soliciting or requesting judicial expertise;
d) Contents of the request for expertise;
e) Method of carrying out the assessment;
g) Make clear and specific conclusions on the professional contents of the subject to be expertised according to the solicitation or request for judicial expertise;
h) Time and place of conducting and completing the assessment.
2. In case of soliciting or requesting an individual to conduct judicial expertise, the judicial expertise conclusion must be signed and clearly state the full name of the judicial expert. In case the organization is required to appoint an expert, the conclusion of the judicial expertise must be fully signed, clearly stating the full name of the judicial expert and certified by the signature of the organization appointing the expert.
In case of soliciting or requesting an organization to conduct judicial expertise, in addition to the signature, full name of the expert, the head of the organization must also sign and stamp on the conclusion of judicial expertise and the organization. Organizations that are solicited or requested for judicial expertise must bear responsibility for judicial expertise conclusions.
If the expertise council specified in Clause 1, Article 30 of this Law conducts expertise, the person competent to decide on the establishment of the council must sign and stamp the conclusion of judicial expertise and take responsibility for the assessment. legal status of the Inspection Council.
3. In case the expertise is carried out before a decision to prosecute a criminal case is issued, according to the order and procedures prescribed by this Law, the agency competent to conduct procedure may use the results. such assessment as conclusions of judicial expertise.”
In addition, according to the provisions of Article 7 of Circular 08/2019/TT-BVHTTDL stipulating the assessment Vietnam conclusions of judicial expertise as follows:
"Article 7. Assessment conclusions
Based on judicial expertise results, test results or other professional conclusions (if any), relevant provisions of law or common cultural standards, judicial experts shall conclude on inspection statue.
Assessment conclusions are made according to Form No. 04a and 04b issued together with Circular No. 07/2014/TT-BVHTTDL ."
Thus, the conclusion of judicial expertise is prescribed as above.
From July 20, 2022 will apply the new form of judicial assessment Vietnam conclusion in Circular 01/2022/TT-BVHTTDL?
How to replace the judicial assessment Vietnam conclusion form?
Pursuant to the provisions of Article 2 of Circular 01/2022/TT-BVHTTDL stipulates as follows:
"Article 2. Replace the form of assessment conclusion (Form 04b)
Replace the form of assessment conclusion (Form 04b) issued together with Circular No. 07/2014/TT-BVHTTDL with the form of assessment conclusion (Form 04b) issued together with this Circular."
Pursuant to Form No. 04b promulgated together with Circular 01/2022/TT-BVHTTDL as follows:
Instructions for completing form No. 04b of judicial expertise conclusions are as follows:
(1) Name of the agency receiving the referendum.
(2) Number of documents soliciting (or requesting) expertise.
(3) Decision No. on receiving the referendum and appointing people to participate in judicial expertise in the form of collective expertise (or the Expertise Council).
(4) The administrative location where the assessment Vietnam takes place.
(5) The head of the agency receiving the referendum. If the agency receiving the referendum is the Ministry of Culture, Sports and Tourism, the Director of the Legal Department under the Minister's orders to sign for certification and use the seal of the Ministry of Culture, Sports and Tourism
Thus, form 04b of judicial expertise conclusions is specified as above.
Which cases are not allowed to carry out assessment Vietnam judicial expertise?
Pursuant to the provisions of Article 34 of the Law on Judicial Assessment 2012, the following provisions:
"Article 34. Cases in which judicial expertise is not permitted
1. Persons falling into one of the following circumstances may not conduct judicial expertise:
a) Belongs to one of the cases where the procedural law requires refusal to participate in the proceedings or is changed;
b) To be solicited to re-examine the same contents in the case or case in which they have conducted expertise, unless otherwise provided for by law.
2. Organizations falling into one of the following circumstances may not conduct judicial expertise:
a) Having interests and obligations related to the case or case as prescribed by the procedural law;
b) There are other clear grounds to believe that this organization may not be objective and impartial while performing the assessment Vietnam."
Thus, the cases in which judicial expertise is not permitted are specified as above.
Circular 01/2022/TT-BVHTTDL takes effect from July 20, 2022.
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