What are regulations on experts in administrative cases in Vietnam?

What are regulations on experts in administrative cases in Vietnam? - image from internet

Pursuant to Article 57 of the Law on Administrative Procedures in 2010 stipulating experts:

1. Experts are persons who possess necessary knowledge and experience, as required by law, about the fields in which exist objects to be expert-examined, who are selected under agreement between involved parties or invited by the court to expert-examine these objects at the request of involved party(ies).

2. Experts have the following rights and obligations:

a/ To read documents included in case files and related to expert-examined objects; to request the court to provide documents necessary for the expert examination;

b/ To question procedure participants about matters related to expert-examined objects;

c/ To be present in response to court summonses and answer questions related to the expert examination;

d/ To notify in writing the court of the impossibility to expert-examine for the reason that contents which need to be expert-examined are beyond their professional capacity or documents provided for the expert examination are insufficient or unusable;

e/ To preserve received documents and return them to the court together with expert conclusions or with a notice of the impossibility to expert-examine;

f/ To refrain from collecting documents by themselves for conducting expert examination or contacting other procedure participants if such contact might affect expert examination results; neither to disclose secret information which they know while conducting expert examination nor notify expert examination results to persons other than those who have decided to solicit expert opinions;

g/ To make independent, honest and grounded expert conclusions;

h/ To have travel expenses paid and enjoy other regimes provided by law;

i/ To undertake before court to exercise their rights and perform their powers.

3. Experts who refuse to make expert conclusions without plausible reasons, make untruthful conclusions or fail to be present in response to court summonses without plausible reasons shall be held responsible before law.

4. Experts shall refuse to conduct expert examination or be changed in the following cases:

a/ They are concurrently involved parties, representatives or relatives of involved parties;

b/ They have participated in procedures in the capacity as defense counsels of the rights and legitimate interests of involved parties, witnesses or interpreters in the same case;

c/ They have examined the same object which needs to be examined in the same case;

d/ They have conducted procedures in the same case in the capacity as judge, people's juror, court clerk or procurator;

e/ There are clear grounds to believe that they might not be impartial while performing their tasks.

Above are regulations on experts in administrative cases in Vietnam. Please refer to the Law on Administrative Procedures in 2010 for more details.

Best regards!