New criteria for appointment of judicial experts in the areas of science and technology

Circular 03/2022/TT-BKHCN to prescribe criteria for appointment of judicial experts in scientific and technological activities.

Criteria for appointment of judicial experts

Pursuant to Article 7 of the 2012 Law on judicial expertise, under which judicial experts are appointed must meet the following criteria:

"Article 7. Criteria for appointment of judicial experts

1. A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:

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.

If the person appointed as a forensic medicine, forensic psychiatry or criminological technique expert has directly assisted in the expertise at a forensic medicine, forensic psychiatry and criminal technique expertise organization, the time of performing actual expertise is from 03 years or more;

c/ For a person to be appointed as a judicial expert in forensic medicine, psychiatric forensic medicine or criminological technique, a certificate of training or retraining in assessment skills is required.

2. The following persons may not be appointed as judicial experts:

a/ They have lost their civil act capacity or have their civil act capacity restricted;

b/ Being examined for penal liability; having been sentenced for unintentional or intentional commission of a crime which has not yet been remitted; having been convicted for intentional commission of a serious crime, very serious crime or particularly serious crime;

c/ Being subject to the application of administrative handling measure of education in communes, wards or townships, consignment to compulsory detoxification establishments or compulsory education establishments.

3. Ministers and heads of ministerial-level agencies shall detail Clause 1 of this Article regarding judicial experts in the areas under their management after reaching agreement with the Minister of Justice."

New criteria for appointment of judicial experts in the areas of science and technology in Vietnam

Criteria for appointing judicial experts in scientific and technological activities under the new regulation

Pursuant to Article 4 of the Circular No.03/2022/TT-BKHCN which stipulates criteria for appointment of judicial experts in science and technology in Vietnam activities as follows:

- Vietnamese citizens permanently residing in Vietnam who fully meet the following criteria may be considered and appointed as judicial experts in scientific and technological activities:

+ Having good health and moral qualities;

+ Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained field for full 5 (five) years or more;

- Those who fall in one of following cases are not appointed judicial experts in activities of science and technology in Vietnam:

+ Losing civil act capacity or having limited civil act capacity;

+ Being liable to criminal prosecution; having been convicted but not yet entitled to criminal record remission for an unintentional or intentional crime; having been convicted for a serious crime, a very serious crime or a particularly serious crime intentionally;

+ Being subject to the administrative sanction of education at commune, ward or township, being sent to compulsory detoxification establishments or compulsory educational establishments;

- Apart from the regulations in Clause 1 and Clause 2 of this Article, a legal assessor in terms of technology, equipment, machinery, atomic energy, industrial property (applicable to inventors, layout designs of semiconductor integrated circuits) must have a university degree or higher in the following disciplines:

+ Technical and technological sector for judicial expertise in technology, equipment and machinery;

+ One of the sectors of nuclear physics, nuclear technology, radiation chemistry for judicial expertise in the field of atomic energy;

+ One of the sectors of science and technology in Vietnam, science and physics, chemistry or biology, for judicial assessment of industrial property objects being inventions, layout designs of semiconductor integrated circuits;

03/2022/TT-BKHCN dated June 15, 2022.

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