Circular 18/2023/TT-BLDTBXH stipulating the field of judicial expertise in labor, people with meritorious services, and social affairs.
Circular 18/2023/TT-BLDTBXH stipulating the field of judicial expertise in labor, people with meritorious services, and social affairs?
On December 29, 2023, the Minister of Labor - Invalids and Social Affairs issued Circular 18/2023/TT-BLDTBXH stipulating judicial expertise in the fields of labor, people with meritorious services, and social affairs.
Circular 18/2023/TT-BLDTBXH stipulates judicial expertise in the fields of labor, people with meritorious services, and social affairs, including:
- Labor, wages.
- Employment.
- Vietnamese workers working abroad under contracts.
- Vocational education (excluding pedagogy).
- Occupational safety and hygiene.
- People with meritorious services.
- Social protection.
- Children.
- Prevention and combat of social evils.
- Gender equality.
- Social insurance, excluding judicial expertise cases in the field of social insurance and unemployment insurance implemented by Vietnam Social Security and provincial Social Security according to regulations in Circular 23/2022/TT-BLDTBXH dated November 25, 2022, by the Minister of Labor - Invalids and Social Affairs, stipulating judicial expertise by case in the field of social insurance and unemployment insurance.
Circular 18/2023/TT-BLDTBXH stipulating the field of judicial expertise in labor, people with meritorious services, and social affairs?
What is the maximum duration for judicial expertise in the field of labor, people with meritorious services, and social affairs?
Article 5 of Circular 18/2023/TT-BLDTBXH stipulates the duration of judicial expertise in the field of labor, people with meritorious services, and social affairs as follows:
The duration of judicial expertise for each specific type of case in the field of labor, people with meritorious services, and social affairs
1. The maximum duration is 03 months for cases with expertise requests belonging to 01 field specified in Article 3 of this Circular.
2. The maximum expertise duration is 04 months for:
a) Cases with expertise requests belonging to 01 field specified in Article 3 of this Circular with complex nature or involving many organizations and individuals.
b) Cases with expertise requests belonging to 02 or more fields specified in Article 3 of this Circular.
The maximum duration for judicial expertise in the field of labor, people with meritorious services, and social affairs is as follows:
- For cases with expertise requests belonging to 01 field specified in Article 3 of Circular 18/2023/TT-BLDTBXH: the maximum duration is 03 months.
- The maximum expertise duration is 04 months:
+ For cases with expertise requests belonging to 01 field specified in Article 3 of Circular 18/2023/TT-BLDTBXH with complex nature or involving many organizations and individuals.
+ For cases with expertise requests belonging to 02 or more fields specified in Article 3 of Circular 18/2023/TT-BLDTBXH.
Is it mandatory to make a record when directly delivering and receiving judicial expertise request dossiers in the field of labor, people with meritorious services, and social affairs?
Article 13 of Circular 18/2023/TT-BLDTBXH stipulates the reception of judicial expertise requests, expertise subjects, relevant documents, and objects (if any) as follows:
Reception of judicial expertise requests, expertise subjects, relevant documents, and objects (if any)
1. For judicial expertise requests sent to the Ministry of Labor - Invalids and Social Affairs.
The procedures for receiving judicial expertise requests shall comply with regulations on receiving incoming documents of the Ministry of Labor - Invalids and Social Affairs' clerical and archival regulations.
After receiving the assignment and handling of judicial expertise cases from the Ministry of Labor - Invalids and Social Affairs, the Legal Department shall preside over and cooperate with units under the Ministry to advise and propose the Minister of Labor - Invalids and Social Affairs to assign judicial experts, ad-hoc judicial experts, judicial expertise organizations by case, or establish an Expertise Council.
2. For judicial expertise requests sent to units under the Ministry of Labor - Invalids and Social Affairs.
The reception of judicial expertise requests shall comply with the procedures for receiving incoming documents of the unit.
The head of the unit under the Ministry of Labor - Invalids and Social Affairs shall assign judicial experts, ad-hoc judicial experts appropriate to the expertise request content.
3. For judicial expertise requests sent directly to judicial experts, ad-hoc judicial experts, the judicial experts, ad-hoc judicial experts shall receive and handle according to legal provisions.
4. Direct delivery and receipt of dossiers and subjects of expertise requests must be recorded in accordance with Article 27 of the Law on Judicial Expertise.
Direct delivery and receipt of judicial expertise request dossiers in the field of labor, people with meritorious services, and social affairs must be recorded in accordance with Article 27 of the Law on Judicial Expertise 2012.
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