What are procedures for judicial expert appointment and issuance of judicial expert cards in culture sector in Vietnam?

What are procedures for judicial expert appointment and issuance of judicial expert cards in culture sector in Vietnam?

Pursuant to Article 6 of the Circular 04/2021/TT-BVHTTDL stipulating procedures for judicial expert appointment and issuance of judicial expert cards in culture sector in Vietnam as follows:

1. Procedures for appointment of judicial experts affiliated to the Ministry of Culture, Sports and Tourism (hereinafter referred to as “Ministry”) and issuance of Ministry-affiliated judicial expert cards

a) Ministry-affiliated entities shall select persons meeting the standards in Article 4 herein, formulate applications for judicial expert appointment according to regulations in Article 5 herein and send these applications together with 02 2 cm x 3 cm color portrait pictures (taken in the past 6 months) to the Ministry (via Department of Legal Affairs);

b) Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in considering, selecting and proposing applications to the Minister for decision on appointment and issuance of judicial expert cards;

c) Specimens of and procedures for issuance and reissuance of Ministry-affiliated judicial expert cards are provided for in Circular No. 11/2020/TT-BTP dated December 31, 2020 by the Minister of Justice.

2. Procedures for local judicial expert appointment and issuance of local judicial expert cards

a) Departments of Culture, Sports and Tourism and Departments of Culture and Sports (hereinafter referred to as “Departments”) shall take charge and cooperate with Departments of Justice in selecting persons meeting the standards in Article 4 herein, receiving applications for judicial expert appointment and proposing applications to Chairpersons of provincial People’s Committees for judicial expert appointment;

b) Specimens of and procedures for issuance and reissuance of provincial judicial expert cards are provided for in Circular No. 11/2020/TT-BTP dated December 31, 2020 by the Minister of Justice.

3. Formulation and posting of judicial expert lists

a) Department of Legal Affairs shall formulate and send list of judicial experts appointed by the Minister to Information Technology Center to have it posted on the Ministry’s web portal and to the Ministry of Justice to have it added to a consolidated list;

b) Information Technology Center shall post judicial expert list on the Ministry’s web portal within 03 days after receiving the list;

c) Departments shall formulate and send judicial expert lists to have them posted on web portals of provincial People's Committees as per regulations.

What are regulations on judicial expert dismissal and revocation of judicial expert cards in culture sector in Vietnam?

Pursuant to Article 7 of the Circular 04/2021/TT-BVHTTDL stipulating judicial expert dismissal and revocation of judicial expert cards in culture sector in Vietnam as follows:

1. Cases subject to dismissal and applications for judicial expert dismissal are provided for in Article 10 of the Law on Judicial Expertise, which is amended in Clause 6 Article 1 of the Law on Amendments to Law on Judicial Expertise.

2. Ministry-affiliated entities shall formulate and send applications for judicial expert dismissal to Department of Legal Affairs.

Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in checking and proposing applications to the Minister for consideration and decision on dismissal of Ministry-affiliated judicial experts and revocation of judicial expert cards thereof.

3. Departments shall reach an agreement with Departments of Justice, and formulate and propose applications for judicial expert dismissal to Chairpersons of provincial People’s Committees for consideration and decision on dismissal of provincial judicial experts and revocation of judicial expert cards thereof.

4. Revision to judicial expert lists

a) Based on judicial expert dismissal decisions of the Minister according to regulations in Clause 2 herein, Department of Legal Affairs shall revise and send judicial expert list to Information Technology Center to have it posted on the Ministry’s web portal and to the Ministry of Justice for revision of the consolidated list;

b) Information Technology Center shall post judicial expert list on the Ministry’s web portal within 03 days after receiving the list;

c) Departments shall revise judicial expert lists for the cases mentioned in Clause 3 herein and have them posted on web portals of provincial People's Committees as per regulations.

What are regulations on recognition and posting of lists of subject-matter judicial experts and subject-matter expertise service providers under the Ministry’s management in Vietnam?

Pursuant to Clause 1 Article 8 of the Circular 04/2021/TT-BVHTTDL stipulating recognition and posting of lists of subject-matter judicial experts and subject-matter expertise service providers under the Ministry’s management in Vietnamas follows:

1. Recognition and posting of lists of subject-matter judicial experts and subject-matter expertise service providers under the Ministry’s management

a) Persons meeting the conditions in Clauses 1 and 2 Article 18 of the Law on Judicial Expertise and providers meeting the conditions in Clause 1 Article 19 of the Law on Judicial Expertise may be added to lists of subject-matter judicial experts and subject-matter expertise service providers;

b) On an annual basis, Ministry-affiliated entities shall select and formulate and send lists of subject-matter judicial experts to Department of Legal Affairs before March 1st.

Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in considering list of subject-matter judicial experts, selecting eligible providers and proposing them to Ministry’s leaders for decision on recognition of subject-matter judicial experts and subject-matter expertise service providers;

c) Department of Legal Affairs shall send lists of subject-matter judicial experts and subject-matter expertise service providers together with information on their fields of expertise, experience and capacity to Information Technology Center to have them posted on the Ministry’s web portal and to the Ministry of Justice to have them added to consolidated lists.

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