The Minister of Information and Communications of Vietnam issues Circular 25/2024/TT-BTTTT dated December 31, 2024, providing regulations on judicial expertise in the field of information and communications.
In Article 7 of Circular 25/2024/TT-BTTTT regarding the Application for appointment of judicial expertise, issuance of Judicial Expertise Card:
Article 7. Application for appointment of judicial expertise, issuance of Judicial Expertise Card
1. Dossier for appointment proposal of judicial experts
a. Official Dispatch proposing the appointment of a judicial expert from the head of the unit or the application of the person proposing to be appointed as a judicial expert.
b. A copy of the university degree or higher as prescribed in point a, clause 1, Article 4 of this Circular.
c. Curriculum vitae and Legal Record. In case the person proposed to be appointed as a judicial expert is an official or public employee, a Legal Record is not required.
d. A confirmation of the actual time of professional activities from the agency or organization where the proposed person works or the person who has applied for appointment to work.
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Thus, the dossier for appointment proposal and issuance of judicial expert cards includes:
- Official Dispatch proposing the appointment of a judicial expert from the head of the unit or the application of the person proposing to be appointed as a judicial expert.
- A copy of the university degree or higher.
- Curriculum vitae and Legal Record. In the case where the person proposed to be appointed as a judicial expert is an official or public employee, a Legal Record is not required.
- A confirmation of the actual time of professional activities from the agency or organization where the proposed person works or the person who has applied for appointment to work.
According to the provisions in clause 1, Article 7 of Law on Judicial Expertise 2012 on standards for the appointment of judicial experts:
Article 7. Standards for Appointment of Judicial Experts
1. Vietnamese citizens residing in Vietnam with the following standards can be considered for appointment as judicial experts:
a) Good health and moral qualities;
b) University degree or higher and have had actual professional activity in their trained field for 5 years or more.
In cases where the person proposed to be appointed as a forensic medicine, mental forensic medicine, or criminal technical expert has directly assisted in expertise activities in forensic medicine, mental forensic medicine, or criminal technical organizations, the actual professional activity time is 3 years or more;
c) For those proposed for appointment as judicial experts in forensic medicine, mental forensic medicine, and criminal technical fields, a certificate of training or professional retraining in expertise is required.
Therefore, the standards for appointment as judicial experts include being a Vietnamese citizen residing in Vietnam, having good health, good moral qualities, a university degree or higher, and having at least 5 years of professional experience in the trained field (or 3 years in the fields of forensic medicine, mental forensic medicine, criminal technical) to be appointed.
Additionally, for those proposed for appointment in the above fields, a certificate of training or professional expertise retraining is required according to regulations.
According to the provisions in Article 6 of Circular 25/2024/TT-BTTTT on authority, procedure, and process for the appointment of judicial experts:
(1) Procedure for appointing judicial experts at the Ministry of Information and Communications:
- Heads of agencies or units under the Ministry select persons who meet the standards as prescribed in clause 1, Article 4 of Circular 25/2024/TT-BTTTT, prepare a dossier for the proposal of appointing judicial experts as prescribed in Article 7 Circular 25/2024/TT-BTTTT, and send it to the Personnel Organization Department;
- The Head of the Personnel Organization Department, in cooperation with the Head of the Legal Department, reviews the dossier, selects and submits to the Minister of Information and Communications for the decision on the appointment of judicial experts.
(2) Procedure for appointing judicial experts at local levels:
The Director of the Department of Information and Communications presides, in cooperation with the Director of the Department of Justice, in selecting individuals meeting the standards prescribed in clause 1, Article 4 of Circular 25/2024/TT-BTTTT, and processes the dossier for individuals proposed for appointment as judicial experts as prescribed in Article 7 Circular 25/2024/TT-BTTTT, and proposes to the Chairman of the Provincial People's Committee for the appointment of judicial experts.
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