What are the criteria for appointment of judicial experts in Vietnam? What is the dossier of proposal for appointment of judicial experts in Vietnam?
- Who is competent to appoint judicial experts in Vietnam?
- What are the criteria for appointment of judicial experts in Vietnam?
- What is the dossier of proposal for appointment of judicial experts in Vietnam?
- What cases are not appointed as judicial experts in Vietnam?
- What are the rights and obligations of judicial experts in Vietnam?
Who is competent to appoint judicial experts in Vietnam?
Pursuant to Clause 1, Article 9 of the 2012 Law on Judicial Expertise in Vietnam, as amended by Point a, Clause 5, Article 1 of the 2020 Law on Amendments and supplements to certain Articles of Law on Judicial Expertise, stipulating the competence to appoint judicial experts as follows:
- The Minister of Health may appoint forensic medicine and psychiatric forensic medicine experts to work in central agencies.
- The Minister of Public Security may appoint criminological technique experts to work in central agencies.
- Ministers and heads of ministerial-level agencies may appoint judicial experts in other areas to work in central agencies under their management.
- Chairpersons of People's Committees of provinces or centrally run cities (below collectively referred to as provincial-level People's Committees) may appoint local judicial experts.
What are the criteria for appointment of judicial experts in Vietnam? What is the dossier of proposal for appointment of judicial experts in Vietnam? (Image from the Internet)
What are the criteria for appointment of judicial experts in Vietnam?
Pursuant to Clause 1, Article 7 of the 2012 Law on Judicial Expertise in Vietnam, the criteria for appointment of judicial experts include:
- Being Vietnamese citizens who permanently resides in Vietnam
- Being physically fit and having good moral qualities;
- Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained area for at least 5 years;
In case a person, who is proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques, has worked as an expertise assistant in a forensic medicine, psychiatric forensic medicine or criminological technique institution, his/her period of practical professional activities must be at least 3 years in full;
- Possessing a certificate of judicial expertise training or retraining, for a person proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques.
What is the dossier of proposal for appointment of judicial experts in Vietnam?
Pursuant to Article 8 of the 2012 Law on Judicial Expertise in Vietnam (clauses 1 and 3 of this Article are amended respectively by points a and b, clause 4, Article 1 of the 2020 Law on Amendments and supplements to certain Articles of Law on Judicial Expertise) stipulating the dossier of proposal for appointment of a judicial expert, including:
- The written request for appointment of a judicial expert made by a jurisdictional authority or organization stipulated in clause 2 of Article 9 herein, or the petition for appointment as a judicial expert submitted by an individual who used to be a judicial expert but is dismissed due to his/her retirement or resignation to establish his/her judicial expertise office.
- A copy of a university or higher degree in a major relevant to the professional area in which the candidate is expected to work.
- The resume and judicial record. If the candidate or applicant for being appointed as a judicial expert is a public official or employee, an officer of the army or people's police force, or a professional serviceman or a defense worker, no judicial record will not be required.
- A written certification of the period of performing practical professional activities, granted by the agency or organization in which the candidate works.
- A certificate of judicial expertise training or retraining, for a person proposed to be appointed as a judicial expert in forensic medicine, psychiatric forensic medicine or criminological techniques.
- Other papers evidencing that the candidate satisfies the criteria prescribed by the minister or head of ministerial-level agency competent to manage the field of expertise.
What cases are not appointed as judicial experts in Vietnam?
Pursuant to the provisions of Clause 2, Article 7 of the 2012 Law on Judicial Expertise in Vietnam, the following persons may not be appointed as judicial experts:
- Those who have lost their civil act capacity or have a limited civil act capacity;
- Those who are currently examined for penal liability; those who have been convicted for unintentionally committing a crime or intentionally committing a less serious crime and their criminal record has not been remitted; those who have been convicted for intentionally committing a serious crime, very serious crime or particularly serious crime;
- Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.
What are the rights and obligations of judicial experts in Vietnam?
Pursuant to Article 11 of the 2012 Law on Judicial Expertise in Vietnam (Clause 2 of this Article is amended by Clause 7, Article 1 of the 2020 Law on Amendments and supplements to certain Articles of Law on Judicial Expertise) stipulating the rights and obligations of judicial experts as follows:
- Performing expertise according to the solicitation or request of expertise solicitors or requesters or the assignment by agencies or institutions solicited or requested to perform expertise.
- Refuse to provide judicial expertise service in cases where the subject matters of the solicited or requested expertise is irrelevant to the judicial expert’s professional scope, or the judicial expert does not fully meet qualification requirements or conditions necessary for the provision of judicial expertise service; information about the subject of judicial expertise and related documents are not provided in full or are invalid to help give judicial expert conclusions or testimonies after the solicitor or petitioner’s failure to make any requested modification thereof; the time length needed to conduct a judicial expertise activity is not adequate; the independence and objectivity of a judicial expertise activity are not assured.
In case of refusal to provide judicial expertise service, within 05 working days of receipt of the decision to solicit or petition for judicial expertise, it is obligatory to notify the solicitor or petitioner for judicial expertise in writing with clear reasons to be stated.
- Attending expertise retraining courses for improving their professional skills and legal knowledge.
- Establishing judicial expertise offices when fully satisfying the conditions specified in Article 15 of the 2012 Law on Judicial Expertise in Vietnam.
- Establishing or joining judicial experts' associations in accordance with the law on associations.
- Enjoying regimes and policies provided in this Law and other relevant laws.
- Having other rights and obligations specified in Article 23 and Clause 1, Article 34 of the 2012 Law on Judicial Expertise in Vietnam.
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