Is there a Circular regulating judicial assessment regarding labor and people with meritorious services in Vietnam?

Is there a Circular regulating judicial assessment regarding labor and people with meritorious services in Vietnam?

On December 29, 2023, the Minister of Labor - Invalids and Social Affairs issued Circular 18/2023/TT-BLDTBXH on judicial assessment in the field of labor, people with meritorious services and society.

According to this regulation, there are 11 areas of judicial assessment in the field of labor, people with meritorious services and society:

- Labor, wages.

- Employment.

- Vietnamese guest workers.

- Vocational education (except pedagogy).

- Occupational safety and health.

- people with meritorious services.

- Social protection.

- Children.

- Prevention and control of social evils.

- Gender equality.

- Social insurance; except for judicial assessment in the field of social insurance, unemployment insurance, which is implemented by the Vietnam Social Insurance, Social Insurance of provinces and centrally-run cities according to the regulations in Circular 23/2022/TT-BLDTBXH.

Is there a Circular regulating judicial assessment regarding labor and people with meritorious services in Vietnam? (Image from the Internet)

What are the steps in the judicial assessment process regarding labor and people with meritorious services in Vietnam?

Article 12 of Circular 18/2023/TT-BLDTBXH stipulates the judicial assessment process consisting of 4 steps:

Step 1: Receive the request for judicial assessment, the subject of examination, and related documents and objects (if any);

Step 2: Prepare the implementation of judicial assessment;

Step 3: Conduct judicial assessment;

Step 4: Conclude the judicial assessment.

What is the time limit for judicial assessment in the field of labor, people with meritorious services for 2 or more areas?

Article 5 of Circular 18/2023/TT-BLDTBXH stipulates the time limit for judicial assessment regarding labor, people with meritorious services and society as follows:

The time limit for judicial assessment for specific matters regarding labor, people with meritorious services and society

1. The maximum time limit is 03 months for cases with examination requests falling under 01 area specified in this Decree.

2. The maximum time limit is 04 months for:

a) Cases with examination requests falling under 01 area specified in this Decree and having complex nature or involving multiple organizations and individuals.

b) Cases with examination requests falling under 02 or more areas specified in this Decree.

Therefore, the maximum time limit for judicial assessment for cases with examination requests falling under 02 or more areas is 04 months in Vietnam.

What are the contents of the judicial expert conclusion regarding labor and people with meritorious services in Vietnam?

Article 16 of Circular 18/2023/TT-BLDTBXH stipulates the judicial expert conclusion as follows:

Judicial expert conclusion

1. Based on the results of the judicial assessment, the Council of judicial assessment, judicial experts, judicial assessment organizations shall conclude on each specific examination request.

2. The judicial expert conclusion includes the contents specified in Article 32 of the Law on judicial assessment (amended and supplemented in 2020), according to the forms specified in Appendix I, Appendix II, Appendix III issued together with this Decree.

Article 32 of the Law on Judicial Expertise 2012, amended by Clause 18, Article 1 of the Law on amending Judicial Expertise in 2020, stipulates:

Judicial expert conclusion

1. Judicial expert conclusions must be documented, including the followings: 

a) Full name of the person carrying out judicial expertise; the organization providing judicial expertise service;

b) Name and full name of the jurisdictional procedural authority or the competent procedural person who solicits the judicial expertise; number of the written document on solicitation of the judicial expertise, or full name of the petitioner for the judicial expertise;

c) Information identifying the subject of judicial expertise;

d) Time of receipt of the written solicitation or request for judicial expertise;

dd) Subject matters of the petition for judicial expertise;

e) Judicial expertise approach;

g) Explicit and specific conclusions about the professional contents of the subjects of judicial expertise according to the judicial expertise solicitation or petition;

h) Time and location of rendering and completion of the judicial expertise.

...

Therefore, the judicial expert conclusion regarding labor and people with meritorious services includes the following contents:

- Full name of the person carrying out judicial expertise; the organization providing judicial expertise service;

- Name and full name of the jurisdictional procedural authority or the competent procedural person who solicits the judicial expertise; number of the written document on solicitation of the judicial expertise, or full name of the petitioner for the judicial expertise;

- Information identifying the subject of judicial expertise;

- Time of receipt of the written solicitation or request for judicial expertise;

- Subject matters of the petition for judicial expertise;

- Judicial expertise approach;

- Explicit and specific conclusions about the professional contents of the subjects of judicial expertise according to the judicial expertise solicitation or petition;

- Time and location of rendering and completion of the judicial expertise.

Best regards!