What are new regulations on judicial expertise in the judicial sector from February 15, 2024 in Vietnam?

What are new regulations on judicial expertise in the judicial sector from February 15, 2024 in Vietnam?

On December 29, 2023, the Minister of Justice issued Circular 09/2023/TT-BTP regulating judicial expertise in the field of justice.

According to Article 10 of Circular 09/2023/TT-BTP stipulates that the expertise process in the judicial sector is carried out according to the following steps:

Step 1: Hand over and receive documents, objects solicited or requested for expertise;

Step 2: Prepare for expertise;

Step 3: Perform inspection;

Step 4: Conclude expertise;

Step 5: Return expertise conclusions;

Step 6: Prepare, save and preserve inspection records.

What are new regulations on judicial expertise in the judicial sector from February 15, 2024 in Vietnam? (Image from the Internet)

What is implementation of expertise in the judicial sector in Vietnam?

In Article 13 of Circular 09/2023/TT-BTP, there are regulations on performing judicial expertise as follows:

Performing judicial expertise

1. Performing expertise in the judicial field is carried out as follows:

a) Carefully research and analyze the solicitation dossier, the subject of expertise and the documents and information assigned and provided by the person soliciting or requesting the expertise;

b) Clearly identify the subjects and professional contents that need to be considered and evaluated;

c) Conduct a survey or verify necessary related issues that the person soliciting or requesting the expertise cannot provide documents or information about that issue (if any);

d) Compare and contrast the problem or object that needs to be assessed with professional standards on the problem or object that needs to be assessed;

d) Give comments, expertises, and give specific and clear professional opinions on the issue or object that needs expertise according to the solicitation or request for expertise;

e) Develop and issue expertise conclusions;

g) Prepare expertise documents.

2. During the process of performing the expertise, the judicial expert may use professional opinions or conclusions given by other individuals or organizations to serve the expertise.

3. During the process of performing the expertise, if there are new contents or other problems that arise, the individual or organization performing the expertise must immediately notify in writing the requester, request the appraiser to know and agree. solution solution.

4. The person performing the expertise must make a document recording the entire process of performing the expertise according to the provisions of Article 31 of the Law on Judicial Expertise (amended and supplemented in 2020) and according to the form specified in Article 19 This Circular.

Thus, the implementation of expertise in the judicial field in Vietnam is carried out as follows:

Step 1: Carefully research and analyze the solicitation dossier, the subject of expertise and the documents and information assigned and provided by the person soliciting or requesting the expertise;

Step 2: Clearly identify the subject and professional content that needs to be considered and evaluated;

Step 3: Conduct a survey or verify necessary related issues that the person soliciting or requesting the expertise cannot provide documents and information about that issue (if any);

Step 4: Compare and contrast the problem or object that needs to be assessed with professional standards on the problem or object that needs to be assessed;

Step 5: Provide comments, expertises, and specific and clear professional opinions on the issue or object that needs expertise according to the solicitation or request for expertise;

Step 6: Develop and issue an expertise conclusion;

Step 7: Prepare expertise documents.

What are conditions of facilities, equipment, and means of expertise of judicial expertise organizations according to cases in the judicial field in Vietnam?

In Article 5 of Circular 09/2023/TT-BTP, there are regulations on the conditions of facilities, equipment, and means of expertise of judicial expertise organizations according to cases in the judicial field as follows:

Conditions of facilities, equipment, and means of expertise of judicial expertise organizations according to cases in the judicial field

Conditions of facilities, equipment, and means of expertise of judicial expertise organizations according to cases in the judicial field, including:

1. Satisfy the conditions prescribed in Clause 1, Article 19 of the Law on Judicial Expertise.

2. Have equipment to preserve and store objects, records, expertise documents and other equipment to meet the requirements for performing judicial expertise according to the provisions of the law on judicial expertise and the law other relevant.

Thus, the conditions of facilities, equipment, and means of expertise of judicial expertise organizations according to cases in the judicial field in Vietnam are:

- Have legal status;

- Have professional activities consistent with the content solicited and requested for expertise;

- There are conditions for professional staff and facilities to ensure the performance of judicial expertise.

- Have equipment to preserve and store objects, records, expertise documents and other equipment to meet the requirements for performing judicial expertise according to the provisions of the law on judicial expertise and other laws.

Best regards!