What are the documents of judicial expertise in technology activities in Vietnam? How long does it take for judicial expertise?
What is the list of judicial expertise in science and technology activities in Vietnam?
Pursuant to the provisions of Article 5 of Circular 03/2022/TT-BKHCN on appointment, dismissal and posting of reduced list of judicial officers in scientific and technological activities as follows:
First: Based on the practical needs of legal proceedings, the Minister of Science and Technology of Vietnam, the Presidents of the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the People's Committees of provinces for short) to consider and appoint judicial experts in scientific and technological activities
Second: The order and procedures for appointment and dismissal of judicial experts in science and technology activities shall comply with the provisions of Clause 2, Article 9 and Clauses 3 and 4, Article 10 of the Law on Judicial Expertise 2012 (amended and supplemented in Clauses 5 and 6, Article 1 of the Law on Amendments and Supplements to certain Articles of the Law on Judicial in 2020):
Pursuant to Clause 2, Article 9 of the Law on Judicial Expertise 2012 (amended by points a and b, clause 5, Article 1 of the Law on Judicial Assessment, as amended in 2020) as follows:
- The Ministry of National Defense and the Ministry of Public Security shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law, recommending them to the Minister of Health as forensic experts under their control.
-The Ministry of National Defense and the Supreme People’s Procuracy shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law, and recommending them to the Minister of Public Security as criminal experts under their control.
-Heads of ministry-controlled units or ministerial-level bodies assigned to manage judicial expertise activities shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law, and recommending them to ministers or heads of ministerial-level bodies as judicial experts having expertise in their area of expertise under their authority.
-Heads of specialized affiliates of provincial People's Committees in charge of the area of judicial expertise shall preside over, and cooperate with Directors of the Departments of Justice in, selecting persons satisfying criteria specified in Clause 1 of Article 7 herein, and receiving petition documentation from petitioners for appointment of judicial experts specified in Article 8 herein, and recommending them to Presidents of People's Committees of provinces as local experts.
-Within 20 days after receipt of the submitted petition documentation, Ministers, Heads of ministerial-level bodies or Presidents of provincial-level People's Committees shall issue their decision to appoint judicial experts. In case of rejection, the written notice of refusal clearly stating reasons must be sent to the petitioner.
Pursuant to Clause 3 and 4, Article 10 of the Law on Judicial Expertise 2012 as follows:
- The Minister of Public Security and the Minister of National Defense shall consider and request the Minister of Health to dismiss forensic medicine experts from duty under their management.
- The Minister of National Defense shall consider and request the Minister of Public Security to dismiss criminological technique experts from duty under his/her management.
- Ministers and heads of ministerial-level agencies may dismiss from duty judicial experts working in central agencies in the areas under their respective management at the request of heads of units of their ministries or ministerial-level agencies in charge of judicial expertise activities.
- Chairpersons of provincial-level People's Committees may dismiss from duty local judicial experts at the request of heads of specialized agencies of their People's Committees after the latter reach agreement with directors of provincial-level Service of Justices.
- Within 10 days after receiving a valid dossier, a minister, head of a ministerial-level agency or chairperson of a People's Committee of provinces shall consider and decide to dismiss from duty a judicial experts and modify the list of judicial experts on its website, and concurrently send such dossier to the Ministry of Justice for modification of the general list of judicial experts.
Regarding the posting of the list of judicial experts according to Circular 03/2022/TT-BKHCN as follows:
- The Legal Department of Vietnam is responsible for making a list of judicial experts in science and technology activities appointed by the Minister of Science and Technology.
- The list of judicial experts of the Ministry of Science and Technology of Vietnam shall be posted on the portal of the Ministry of Science and Technology, and sent to the Ministry of Justice to make a general list.
What are the documents of judicial expertise in technology activities in Vietnam? How long does it take for judicial expertise?
How long does it take for judicial expertise in Vietnam?
Pursuant to Article 15 of Circular 03/2022/TT-BKHCN stipulating the time for judicial expertise in scientific and technological activities as follows:
- The maximum time limit for judicial expertise in scientific and technological activities is 3 months
- In case of expertise of new, complicated equipment, machinery, technology or large workload, the maximum time limit for expertise is 64 months.
- This expertise period may be extended according to the decision of the expertise soliciting agency, but shall not exceed one-half of the maximum assessment time limit prescribed in this Clause.
- Judicial expertise in scientific and technological activities for cases requiring judicial expertise solicitation shall be carried out in accordance with the criminal procedure law.
- In case there is a problem or there is a basis to believe that the reduction case cannot be completed within the time limit, the individual test-taking organization must promptly notify in writing, clearly stating the reason to the person in charge. solicitation of expertise and expected time of completion, and making assessment conclusions.
Thus, the maximum time limit for judicial expertise in scientific and technological activities is 03 months, in other cases is 64 months.
What are the dossiers of judicial expertise in scientific and technological activities in Vietnam?
Pursuant to the provisions of Article 17 of Circular 03/2022/TT-BKHCN stipulating judicial expertise dossiers as follows:
- A dossier of judicial expertise includes all the contents specified in Clause 1, Article 33 of the Law on Judicial Assessment.
- Individuals and organizations performing judicial expertise are responsible for the accuracy of the prepared dossiers and must present the judicial expertise dossiers at the request of the procedure-conducting agencies or persons whose competent to settle cases in accordance with the procedural law
- Judicial expertise dossiers of the person performing the expertise shall be handed over to the direct management agency, unit or organization.
Agencies, units and organizations under the Ministry of Science and Technology that receive the handover of judicial expertise dossiers are responsible for preserving and archiving them in accordance with the law on archives and the Ministry's regulations on archival work. Minister of Science and Technology.
Circular 03/2022/TT-BKHCN takes effect from June 15, 2022.
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