Can a judicial expertise office operate as a joint stock company in Vietnam?

Can a judicial expertise office operate as a joint stock company in Vietnam?

Pursuant to Article 14 of the Law on Judicial Expertise in 2012 stipulating judicial expertise offices as follows:

1. Judicial expertise offices are non-public judicial expertise institutions established in the areas of finance, banking, construction, antiques, relics and copyright.

2. A judicial expertise office established by one judicial expert shall be organized and operate as a private enterprise. A judicial expertise office established by two or more judicial experts shall be organized and operate as a partnership.

The legal representatives of judicial expertise offices are their heads, who must be judicial experts.

According to the above regulations, a judicial expertise office established by two or more judicial experts is organized and operates as a partnership company.

Your plan to establish a judicial expertise office with your friend in the form of a joint stock company is not allowed. You can only operate as a partnership company

Can a judicial expertise office operate as a joint stock company in Vietnam? - Source: Internet

Can a person establish a judicial expertise office if he/she has 02 years of experience as a judicial expert in Vietnam?

Pursuant to Article 15 of the Law on Judicial Expertise in 2012 (amended by Clause 9 Article 1 of the Law on Amendments and Supplements to certain Articles of the Law on Judicial Expertise in 2020) stipulating conditions for establishment of judicial expertise offices as follows:

1. A judicial expert may establish a judicial expertise office when fully satisfying the following conditions:

a) Having at least 3 years of experience working as a judicial expert and providing expertise service in the area the same as the one mentioned in the application for establishment of the Expertise Service Office;

b) Having an establishment scheme specified at Point d, Clause 2, Article 16 of this Law.

2. Cadres, civil servants, public employees, army officers, people's public security officers, professional soldiers and defense workers are prohibited from establishing judicial expertise offices.

According to the above regulations, one of the conditions for a judicial expert to be eligible to establish a judicial expertise office is to have at least 03 years of experience in the field. A judicial expert with only 02 years of experience in the field is not yet eligible to establish a judicial expertise office.

How to register the operation of a judicial expertise office in Vietnam?

Pursuant to Article 17 of the Law on Judicial Expertise in 2012 (amended by Clause 28 Article 1 of the Law on Amendments and Supplements to certain Articles of the Law on Judicial Expertise in 2020) stipulating operation registration of judicial expertise offices as follows:

1. Within one year after the chairperson of the provincial-level People's Committee decides to license its establishment, a judicial expertise office shall register its operation with the provincial-level Service of Justice.

The decision licensing the establishment of a judicial expertise office shall be invalidated if such judicial expertise office fails to register its operation within one year after the chairperson of the provincial-level People's Committee issues such decision.

2. A judicial expertise office shall send to the provincial-level Service of Justice a dossier for operation registration which comprises:

a/ An application for operation registration;

b/ Its organization and operation regulation;

c/ Papers evidencing its satisfaction of the operation conditions according to the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law;

d/ A copy of the establishment licensing decision.

3. Within 30 days after receiving a complete and valid dossier, the provincial-level Service of Justice shall assume the prime responsibility for, and coordinate with the specialized agencies controlled by provincial People's Committees in charge of judicial expertise in, inspecting the satisfaction of the conditions stated in the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law, and granting an operation registration certificate. In case of refusal, it shall notify such in writing, clearly stating the reason, and concurrently report such to the chairperson of the provincial-level People's Committee for consideration and decision to revoke the establishment licensing decision. The refused applicant may file a complaint or initiate a lawsuit in accordance with law.

4. A judicial expertise office may commence its operation after receiving an operation registration certificate.

Above are regulations on operation registration of judicial expertise offices.

Best regards!