File, Procedures for Appointment and Issuance of Judicial Expert Cards in Local Construction: How are They Implemented?
What does the dossier for the appointment and issuance of the judicial expert card in construction at the local level include?
Based on the regulations specified in sub-item 1.1 of Section 2, Part B of the administrative procedures issued together with Decision 694/QD-BXD of 2023, the dossier for the appointment and issuance of the judicial expert card in construction at the local level includes:
- A written request for the appointment and issuance of the judicial expert card in construction or an individual request for the appointment of a judicial expert who has been a judicial expert but was dismissed due to retirement or resignation to establish a Judicial Expertise Office;
- A copy of the university degree or higher relevant to the expertise field proposed for appointment;
- A resume and Judicial Record Card. In the case of the proposed judicial expert who is currently an official or public employee, the Judicial Record Card is not required;
- A certification of the actual working time in the specialized field from the agency or organization where the proposed candidate works;
- A copy of the construction practice certificate or a declaration of capacity conditions suitable to the standards of a judicial expert in construction (if any);
- 02 color portrait photos sized 2cm x 3cm (taken within the last 06 months).
What are the dossier and procedures for the appointment and issuance of the judicial expert card in construction at the local level?
What are the procedures for the appointment and issuance of the judicial expert card in construction at the local level?
Based on the regulations specified in sub-item 1.1 of Section 2, Part B of the administrative procedures issued together with Decision 694/QD-BXD of 2023, the procedures for the appointment and issuance of the judicial expert card in construction at the local level are as follows:
Procedural steps:
- The agency or organization managing judicial experts submits the dossier for the appointment and issuance of the judicial expert card in construction to the Reception and Result Return Department of the Provincial People's Committee;
- The Department of Construction, in coordination with the Department of Justice, selects eligible individuals and proposes to the Chairperson of the Provincial People's Committee for appointment and issuance of the judicial expert card according to regulations;
- Within 20 days from the date of receipt of the valid dossier, the Chairperson of the Provincial People's Committee issues a decision to appoint the judicial expert in construction. In case of refusal, a written response stating the reason must be provided to the applicant;
- Within 10 days from the date of receiving the appointment decision and the dossier, the Chairperson of the Provincial People's Committee issues the judicial expert card.
Mode of implementation: Direct submission or via postal service.
Time for resolution: Within 30 days from the date of receipt of the valid dossier (including 20 days for the appointment decision and 10 days for the issuance of the judicial expert card).
What are the requirements and conditions for the procedures of appointment and issuance of the judicial expert card in construction at the local level?
Based on the regulations specified in sub-item 1.1 of Section 2, Part B of the administrative procedures issued together with Decision 694/QD-BXD of 2023 on the requirements and conditions for the procedures of appointment and issuance of the judicial expert card in construction at the local level are as follows:
For judicial expertise on compliance with the legal provisions:
- For expertise on compliance with construction planning laws: must have a construction planning design practice certificate as per construction law or have at least 05 years of state management experience in construction planning, suitable for the subject and content of the expertise;
- For expertise on compliance with the laws on construction investment activities:
Must meet the construction operation capacity conditions according to the construction law to perform one of the tasks of construction surveying, construction design, construction supervision, construction valuation, construction project management, or construction inspection, or have at least 05 years of state management experience in construction activities, suitable for the subject and content of the expertise;
- For expertise on compliance with the laws on housing and real estate business: must have at least 05 years of state management experience in housing and the real estate market, suitable for the subject and content of the expertise.
For judicial expertise on construction quality:
- For expertise on construction surveying or design quality: must have a construction surveying or design practice certificate according to the construction law, suitable for the subject and content of the expertise;
- For expertise on the quality of construction works, parts of construction works; expertise on the cause of construction incidents, the cause of construction damage: must meet the practice conditions for construction inspection as per construction law, suitable for the subject and content of the expertise.
For expertise on construction costs, housing, and real estate value:
Must have a construction valuation practice certificate as per construction law or have at least 05 years of state management experience, suitable for the subject and content of the expertise.
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