Circular 16/2024/TT-BGDDT on the regulation of judicial expertise in the field of education and training in Vietnam
Has the Circular 16/2024/TT-BGDDT on the regulation of judicial expertise in the field of education and training in Vietnam been issued?
On November 20, 2024, the Minister of Education and Training issued Circular 16/2024/TT-BGDDT which sets forth regulations on judicial expertise in the field of education and training, including:
- The scope of judicial expertise in education and training- Professional standards applied to judicial expertise activities
- Time limits for judicial expertise
- Judicial experts, ad-hoc judicial experts, ad-hoc judicial expertise organizations, Judicial Expertise Councils
- Issuance and revocation of judicial expert cards
- Procedures for conducting judicial expertise; documentation and record-keeping for judicial expertise.
Circular 16/2024/TT-BGDDT applies to judicial experts, ad-hoc judicial experts, ad-hoc judicial expertise organizations, and agencies, units, organizations, and individuals related to judicial expertise activities in the field of education and training.
Circular 16/2024/TT-BGDDT takes effect from January 6, 2025.
Circular 16/2024/TT-BGDDT on the regulation of judicial expertise in the field of education and training in Vietnam (Image from Internet)
What is the time limit for judicial expertise in the field of education and training in Vietnam?
According to Article 5 of Circular 16/2024/TT-BGDDT, the time limit for judicial expertise in the field of education and training is specified as follows:
Article 5. Time limit for judicial expertise in the field of education and training
- The time limit for judicial expertise in the field of education and training is implemented according to Article 26a of the Law on Judicial Expertise 2012, as revised and supplemented in 2020 (hereinafter referred to as the Law on Judicial Expertise).
- The maximum period for expertise is 3 months for cases with a single type of expertise request as outlined in Article 3 of this Circular.
- The maximum period for expertise is 4 months for:
a) Cases with a single type of expertise request under Article 3 of this Circular that are complex in nature or related to multiple organizations or individuals;
b) Cases with requests for multiple types of expertise under Article 3 of this Circular.
- The period for judicial expertise may be extended but not more than half of the maximum expertise time for each case as specified in clauses 2 and 3 of this Article, based on a written decision from the commissioning agency upon the proposal of the individual or organization conducting the expertise.
Time limits for judicial expertise in the field of education and training are as follows:
[1] The time limits for judicial expertise in education and training for mandatory expertise cases shall follow the provisions of the criminal procedure law.
[2] The time limits for judicial expertise for other cases are a maximum of 3 months. In cases where the expertise is complex or involves a large workload, the maximum time is 4 months.
[3] The maximum expertise period is 3 months for cases involving:
- Judicial expertise on educational programs and content
- Judicial expertise on textbooks, teaching materials
- Judicial expertise on examinations, testing, admissions, training, and degrees, certificates
- Judicial expertise on teachers and educational management personnel
- Judicial expertise on learner management
- Judicial expertise on ensuring the quality of education
- Judicial expertise on educational quality accreditation and other professional contents in the field of education and training as stipulated by law.
[4] The maximum expertise period is 4 months for:
- Cases with expertise requests of one type at [3] that are complex or related to multiple organizations or individuals
- Cases involving expertise requests for two or more types as listed in [3].
Note: The period for judicial expertise may be extended but must not exceed half of the maximum time limit for each case in [3] [4], determined by the commissioning agency in writing upon the proposal of the conducting individual or organization.
What are the principles for conducting judicial expertise in Vietnam?
Based on Article 3 of the Law on Judicial Expertise 2012 (amended by clause 2, Article 1 of the Law on Amendments to the Law on Judicial Expertise 2020), the principles for conducting judicial expertise are as follows:
- Compliance with law, adherence to professional standards and expertise procedures.
- Honesty, accuracy, objectivity, impartiality, and promptness.
- Conclusions are to be drawn only within the expertise issues requested.
- Responsibility before the law regarding the conclusions of expertise.
