What is the administrative penalty for erasing or correcting, falsifying the contents of operation registration certificates of judicial expertise offices in Vietnam?
- Regulations on operation registration of judicial expertise offices in Vietnam?
- What is the administrative penalty for erasing or correcting, falsifying the contents of operation registration certificates of judicial expertise offices in Vietnam?
- What are the regulations on licensing of establishment of judicial expertise offices in Vietnam?
Regulations on operation registration of judicial expertise offices in Vietnam?
According to Article 17 of the 2012 Law on Judicial Expertise of Vietnam on the operation registration of judicial expertise offices as follows:
Operation registration of judicial expertise offices in Vietnam
1. Within one year after the chairperson of the provincial-level People's Committee decides to license its establishment, a judicial expertise office shall register its operation with the provincial-level Service of Justice.
The decision licensing the establishment of a judicial expertise office shall be invalidated if such judicial expertise office fails to register its operation within one year after the chairperson of the provincial-level People's Committee issues such decision.
2. A judicial expertise office shall send to the provincial-level Service of Justice a dossier for operation registration which comprises:
a/ An application for operation registration;
b/ Its organization and operation regulation;
c/ Papers evidencing its satisfaction of the operation conditions according to the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law;
d/ A copy of the establishment licensing decision.
3. Within 30 days after receiving a complete and valid dossier, the provincial-level Service of Justice shall assume the prime responsibility for, and coordinate with the specialized agency of the provincial-level People's Committee in charge of judicial expertise in, inspecting the satisfaction of the conditions stated in the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law, and granting an operation registration certificate. In case of refusal, it shall notify such in writing, clearly stating the reason, and concurrently report such to the chairperson of the provincial-level People's Committee for consideration and decision to revoke the establishment licensing decision. The refused applicant may file a complaint or initiate a lawsuit in accordance with law.
4. A judicial expertise office may commence its operation after receiving an operation registration certificate.
Thus, the operation registration of judicial expertise offices is regulated as above.
What is the administrative penalty for erasing or correcting, falsifying the contents of operation registration certificates of judicial expertise offices in Vietnam? (Image from the Internet)
What is the administrative penalty for erasing or correcting, falsifying the contents of operation registration certificates of judicial expertise offices in Vietnam?
Pursuant to the provisions of Article 18 of Decree No. 82/2020/ND-CP on violations against regulations on establishment and operation registration of judicial expertise offices as follows:
Violations against regulations on establishment and operation registration of judicial expertise offices
1. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed for erasing or correcting, falsifying contents of the decision on appointment of judicial expert in the application file for establishment permit; the decision to allow the establishment of a judicial expertise office operation registration dossier.
2. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for erasing, correcting and falsifying contents of operation registration papers of judicial expertise offices.
3. Additional penalties:
Confiscation of material evidences means a decision on appointment of a judicial expert, a decision on approval of the establishment, or an operation registration certificate of a judicial expertise office which has been erased, corrected or falsified for violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
a) Propose competent agencies, organizations or persons to consider and handle the issued decision on establishment permit and operation registration certificate of judicial expertise office due to violations of regulations; in Clause 1 of this Article; the decision on appointment of a judicial expert who has been erased or corrected, falsifying the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clauses 1 and 2 of this Article.
Thus, violations of regulations on the establishment and registration of operation of judicial expertise offices can be administratively sanctioned up to VND 10,000,000. In addition, confiscation of material evidences is a decision to allow the establishment, operation registration papers of judicial expertise offices are erased, corrected, falsified contents and forced to pay back the illegal profits obtained from committing the violations specified in Clause 2 of this Article.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
What are the regulations on licensing of establishment of judicial expertise offices in Vietnam?
According to Article 16 of the 2012 Law on Judicial Expertise of Vietnam, the licensing of of establishment of judicial expertise offices is as follows:
- Chairpersons of provincial-level People's Committees of localities in which judicial expertise offices are expected to be located shall consider and decide to license the establishment of such judicial expertise offices at the request of directors of provincial-level Service of Justices.
- A judicial expert who applies for a license to establish a judicial expertise office shall send a dossier of application to the provincial-level Service of Justice. Such a dossier comprises:
+ An application for a license;
+ A copy of the decision on appointment of the judicial expert;
+ The draft regulation on organization and operation of the judicial expertise office;
+ The judicial expertise office establishment scheme, which must clearly state the establishment purpose(s); projected name, personnel and location of the office; conditions of physical foundations and expertise equipment, facilities and means as specified by the ministry or ministerial-level agency in charge of the relevant expertise field and implementation plan.
- Within 30 days after receiving a complete and valid dossier of application for a license to establish a judicial expertise office, the director of the provincial-level Service of Justice shall examine such dossier and reach agreement with the head of the specialized agency of the provincial-level People's Committee in charge of judicial expertise, then submit it to the chairperson of the provincial-level People's Committee for consideration and decision.
Within 15 days after receiving a dossier from the provincial-level Service of Justice, the chairperson of the provincial-level People's Committee shall consider and decide to license the establishment of the judicial expertise office. In case of refusal to license, he/she shall notify such in writing, clearly stating the reason. The refused applicant may file a complaint or institute a lawsuit in accordance with law.
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