What are regulations on annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers in culture sector in Vietnam?

What are regulations on annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers in culture sector in Vietnam?

Pursuant to Clause 2 Article 8 of the Circular 04/2021/TT-BVHTTDL stipulating annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers in culture sector in Vietnam as follows:

2. Annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers

a) On an annual basis, Ministry-affiliated entities shall review lists of subject-matter judicial experts under their management. If finding any subject-matter judicial expert who no longer meets the conditions in Clauses 1 and 2 Article 18 of the Law on Judicial Expertise, they shall send a written request for annulment of recognition of this person as a judicial expert to the Department of Legal Affairs;

b) Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in consolidating list of subject-matter judicial experts no longer eligible and enumerating subject-matter expertise service providers no longer meeting the conditions in Clause 1 Article 19 of the Law on Judicial Expertise and proposing them to Ministry’s leaders for annulment decision.

What are regulations on seconding judicial experts in culture sector in Vietnam?

Pursuant to Article 9 of the Circular 04/2021/TT-BVHTTDL stipulating seconding judicial experts in culture sector in Vietnam as follows:

1. At the Ministry

a) In case the Ministry receives solicitation of judicial expertise containing contents under its state management, Department of Legal Affairs shall take charge and cooperate with relevant regulatory bodies and units in selecting judicial experts and subject-matter judicial experts suitable for the solicitation’s contents and proposing judicial expertise by individual or in group to the Ministry's leaders for decision on seconding judicial experts and method for judicial expertise on requested contents.

In case the contents requiring judicial expertise are outside of state management of the Ministry, Department of Legal Affairs shall take charge and cooperate with relevant regulatory bodies and units in proposing that the solicitation be rejected to the Ministry's leaders and replying to the solicitation seeking authority;

b) When receiving expertise request and solicitation, Ministry-affiliated entities shall cooperate with Department of Legal Affairs in implementing regulations in Point a of this Clause and other relevant law provisions.

2. At Departments

a) In case a Department receives solicitation of judicial expertise containing contents under its state management, its Director shall select judicial experts and subject-matter judicial experts suitable for the solicitation’s contents, decide whether judicial expertise is to be performed by individual or in group; and notify list of seconded judicial experts and judicial expertise method to the solicitation seeking authority;

b) In case the contents requiring judicial expertise are outside of state management of the Department, its Director shall reject the solicitation and inform the solicitation seeking authority in writing.

3. Persons assigned to perform judicial expertise shall receive contents requiring judicial expertise, organize judicial expertise, draw conclusions concerning contents requiring expertise and reply to the solicitation seeking authority as per the law.

If deeming themselves incapable of performing expertise on assigned contents, persons assigned to perform judicial expertise must decline in writing. The declining document shall be sent to the solicitation seeking authority and authority seconding these persons.

What are regulations on establishment of expertise councils in culture sector in Vietnam?

Pursuant to Article 10 of the Circular 04/2021/TT-BVHTTDL stipulating establishment of expertise councils in culture sector in Vietnam as follows:

1. Conditions for establishment of expertise councils

a) Councils for expertise on the culture sector shall be established in the cases mentioned in Article 30 of the Law on Judicial Expertise;

b) The Minister has the power to decide establishment of councils for expertise on the culture sector.

2. Establishment of expertise councils

a) Department of Legal Affairs shall take charge and cooperate with relevant Ministry-affiliated entities in selecting judicial experts and subject-matter judicial experts suitable for the solicitation’s contents and completing and proposing applications for expertise council establishment to the Minister for decision;

b) Composition, number of members and operating mechanism of expertise councils are provided for in Article 30 of the Law on Judicial Expertise.

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