Circular 35: Receiving subjects of judicial expertise and related documents, objects in Vietnam

Circular 35: Receiving subjects of judicial expertise and related documents, objects in Vietnam​ (Illustrative image)

According to the provisions of Article 12, Circular 35/2014/TT-BKHCN on receiving subjects of judicial expertise and related documents, objects in Vietnam:

1. Organizations and individuals assigned to judicial expertise are responsible for receiving the inspection subjects and related documents, objects (if any). In cases where they find themselves incapable of inspecting the assigned contents, the assigned organizations or individuals must refuse in writing. The refusal document shall be sent to the person assigning the task and the requesting agency for judicial expertise.

2. In cases where the request for judicial expertise is accompanied by the inspection subject, related documents, objects, the handover and receipt must be recorded in a handover minute with all contents prescribed in Clause 2, Article 27 of the Law on Forensic Examination and Form No. 01 in the Appendix issued together with this Circular.

3. The handover and receipt of the inspection subject, related documents, objects (if any) are conducted as follows:

- In the case of direct handover and receipt, it must be carried out at the headquarters of the forensic examiner, the ad-hoc forensic examiner, the ad-hoc forensic organization, or the headquarters of the requesting agency for judicial expertise;

- In the case of the sealed inspection subject being sent via postal services, the seal must be carefully examined before opening. When opening the seal, a seal opening minute must be made according to Form No. 02 in the Appendix issued together with this Circular. If the seal is found to be torn or appears to have been tampered with, the requested organization or individual has the right to refuse acceptance and must record this in the seal opening minute.

More details can be found in Circular 35/2014/TT-BKHCN, effective from January 26, 2015.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE