What are the criteria for appointment of judicial experts in Vietnam? What are the cases in which the persons may not be appointed as judicial experts in Vietnam?
- Who are judicial experts in Vietnam?
- What are the criteria for appointment of judicial experts in Vietnam?
- What are the cases in which the persons may not be appointed as judicial experts in Vietnam?
- What is included in the dossier of proposal for appointment of judicial experts in Vietnam?
- Which agency has the authority to appoint judicial experts in Vietnam?
Who are judicial experts in Vietnam?
According to the provisions of Clause 6, Article 2 of the 2012 Law on Judicial Expertise in Vietnam, judicial experts are those who satisfy the specified criteria and are appointed by competent state agencies to perform judicial expertise.
In which, judicial expertise means an activity in which a judicial expert uses his/her knowledge, means, scientific, technical and professional methods to draw professional conclusions about matters related to the initiation of legal proceedings, investigation, prosecution, adjudication and enforcement and execution of criminal judgments, settlement of civil cases and administrative cases as solicited for by an authority or person having procedural jurisdiction or requested by an expertise petitioner under the provisions of the Law on Judicial Expertise in Vietnam.
What are the criteria for appointment of judicial experts in Vietnam? What are the cases in which the persons may not be appointed as judicial experts in Vietnam?
What are the criteria for appointment of judicial experts in Vietnam?
According to the provisions of Clause 1, Article 7 of the 2012 Law on Judicial Expertise in Vietnam, the criteria for appointment of judicial experts include:
A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:
- 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 are the cases in which the persons may not be appointed as judicial experts in Vietnam?
The persons falling into one of the cases specified in Clause 2, Article 7 of the 2012 Law on Judicial Expertise in Vietnam, will not be appointed judicial experts, specifically as follows:
- 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 is included in the dossier of proposal for appointment of judicial experts in Vietnam?
Specifically, in Article 8 of the 2012 Law on Judicial Expertise in Vietnam (amended by Clause 4, Article 1 of the 2020 Law on Amendments to the Law on Judicial Expertise), a dossier of proposal for appointment of a judicial expert includes:
- The written request for appointment of a judicial expert made by a jurisdictional authority or organization stipulated in clause 2 of Article 9 of the 2012 Law on Judicial Expertise in Vietnam (amended by Clause 4, Article 1 of the 2020 Law on Amendments to the Law on Judicial Expertise)
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 of the candidate.
- 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.
Which agency has the authority to appoint judicial experts in Vietnam?
According to the provisions of Article 9 of the 2012 Law on Judicial Expertise in Vietnam (amended and supplemented by Point b, Clause 5, Article 1 of the 2020 Law on Amendments to the Law on Judicial Expertise), the authority to appoint judicial experts is 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 may appoint local judicial experts.
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