What are standards for case-specific judicial assessors in social insurance and unemployment insurance in Vietnam?

What are standards for case-specific judicial assessors in social insurance and unemployment insurance in Vietnam?

Pursuant to Article 6 of Circular 23/2022/TT-BLDTBXH stipulating standards for case-specific judicial assessors in social insurance and unemployment insurance as follows:

1. Individuals may be selected to be case-specific judicial assessors in social insurance and unemployment insurance if they fully satisfy standards as prescribed in Clause 1 Article 18 of the Law on Judicial Assessment.

2. Case-specific judicial assessment institutions in social insurance and unemployment insurance must fully satisfy requirements as prescribed in Clause 1 Article 19 of the Law on Judicial Assessment.

According to Clause 1, Article 18 of the Law on Judicial Expertise 2012, the criteria for case-specific judicial assessor are as follows:

1. A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following conditions may be selected as an ad hoc judicial expertise performer:

a/ Being physically fit and having good moral qualities;

b/ Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained field for at least 5 years.

Thus, the criteria of case-specific judicial assessors in social insurance and unemployment insurance in Vietnam include:

- Vietnamese citizens permanently residing in Vietnam;

- Having good health and moral qualities;

- Having a university degree or higher and having practiced professionally in the field of training for full 05 years or more.

What is time limit for acknowledgement of case-specific judicial assessors and case-specific judicial assessment institutions in Vietnam?

In Article 7 of Circular 23/2022/TT-BLDTBXH stipulating time limit for acknowledgement of case-specific judicial assessors and case-specific judicial assessment institutions is as follows:

1. A focal point affiliated to Vietnam Social Security shall organize selection of and make a list of individuals and organizations under its management that fully meet requirements for operational capacity in social insurance and unemployment insurance as prescribed and submit it to the General Director of Vietnam Social Security; within 07 working days from the day on which valid applications are received, the General Director shall make a decision on acknowledgement of case-specific judicial assessors and institutions in social insurance and unemployment insurance.

2. In case case-specific judicial assessors and institutions no more satisfy standards and requirements for performing case-specific judicial assessment activities as prescribed in Article 6 of this Circular, the focal point affiliated to Vietnam Social Security shall appeal to the General Director of Vietnam Social Security to issue a decision on cancellation of the acknowledgement of case-specific judicial assessors and institutions in social insurance and unemployment insurance.

According to this Article, time limit for acknowledgement of case-specific judicial assessors and case-specific judicial assessment institutions is 07 working days from the date of receipt of valid dossiers in Vietnam.

What content do case-specific judicial assessors make assessment outlines during preparation of judicial assessment in Vietnam?

According to the provisions of Clause 3, Article 12 of Circular 23/2022/TT-BLDTBXH, stipulating the contents of assessment outlines during preparation of judicial assessment of case-specific judicial assessors as follows:

1. Within 05 working days from the date on which decisions on assessment solicitation are received, specialized units of Vietnam Social Security, ad hoc assessment institutions assigned to carry out assessment shall carry out the following tasks:

a) Select and appoint a judicial assessor named in the list of case-specific judicial assessors acknowledged by Vietnam Social Security for performing judicial assessment. 

If necessary, judicial assessors outside of the acknowledged list may be selected but they must fully satisfy standards as prescribed in Clause 1 Article 6 hereof for assessment.

If 02 or more than 02 case-specific judicial assessors are appointed, which unit assigned to carry out assessment must assign persons in charge of focal points to regulate the performance of judicial assessment.

b) Cooperate with solicitants in receiving applications for assessment solicitation and assessment subjects, information, documents as prescribed in Article 11 hereof in case such solicitants do not submit their relevant applications for assessment solicitation and assessment subjects, information, documents enclosed with decisions on assessment solicitation.

2. Case-specific judicial assessors shall study cases specified in decisions on assessment solicitation, relevant applications for assessment solicitation and assessment subjects and documents to require solicitants to add missing necessary information, documents and objects serving assessment based on requirements of assessment.

3. Case-specific judicial assessors shall make assessment outlines, including at least the following contents:

a) Determining professional regulations applied to judicial assessment in social insurance and unemployment insurance;

b) Determining vehicles and equipment prepared for use and application during assessment (if any) and notifying solicitants;

c) Formulating cost estimates as prescribed by law related to contents and requirements of assessment;

d) Determining methods for assessment; assessment steps; progress and scheduled time for completion of assessment;

dd) Other activities and requirements for assessment.

Pursuant to the above provisions in Vietnam, case-based judicial assessors shall prepare assessment outlines during the preparation of judicial assessment, which must contain at least the following basic contents:

+) Determining professional regulations applied to judicial assessment in social insurance and unemployment insurance;

+) Determining vehicles and equipment prepared for use and application during assessment (if any) and notifying solicitants;

+) Formulating cost estimates as prescribed by law related to contents and requirements of assessment;

+) Determining methods for assessment; assessment steps; progress and scheduled time for completion of assessment;

+) Other activities and requirements for assessment.

Best regards!