Circular 24: Regulations on establishing the Judicial Expertise Council in the information and communications sector in Vietnam

Circular 24: Regulations on establishing the Judicial Expertise Council in the information and communications sector in Vietnam (illustrative photo)

Article 9 of Circular No. 24/2013/TT-BTTTT stipulates the establishment of the Judicial Expertise Council in Vietnam as follows:

1. Conditions for establishing the Judicial Expertise Council:

- The Judicial Expertise Council in the information and communications sector is established in the cases stipulated in Article 30 of the Law on Judicial Expertise. To be specific:

+ In case there is a difference between first-time expertising conclusions and re-expertising conclusions on the same content, the second-time re-expertise shall be decided by the expertise solicitor. The second-time re-expertise shall be conducted by an expertise council.

+ In special cases, the Chairman of the Supreme People's Procuracy or the President of the Supreme People's Court shall decide on re-expertise after obtaining conclusions of the expertise council.

- The Minister of Information and Communications of Vietnam shall issue a decision on establishing the Judicial Expertise Council in the information and communications sector.

2. Establishment of the Judicial Expertise Council:

- The Director of the Legal Department shall preside over and cooperate with the Director of the Personnel Department to select judicial assessors and judicial experts for specific cases suitable with the content of the assessment request, and complete the file to submit to the Minister for the decision to establish the council;

- The composition, number of members, and operational mechanisms of the Judicial Expertise Council comply with Article 30 of the Law on Judicial Expertise. To be specific:

The Judicial Expertise Council consists of at least three members with high expertise and reputation in the relevant field of assessment. The council operates according to the collective assessment mechanism as stipulated in Clause 3 of Article 28 of the Law on Judicial Expertise.

More details can be found in Circular No. 24/2013/TT-BTTTT effective from February 15, 2014.

Thuy Tram

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