Conditions for acceptance of solicitation and request for judicial expertise in Vietnam

Conditions for acceptance of solicitation and request for judicial expertise in Vietnam​ (Illustrative photo)

Article 12 Circular 49/2014/TT-BNNPTNT stipulates the reception of judicial expertise requests as follows:

1. When the person commissioning the expertise or requesting the judicial expertise sends the decision to commission or the written request for judicial expertise, the organization or individual commissioned or requested to conduct the expertise is responsible for receiving and organizing the expertise according to the content commissioned or requested, except in cases where they have the right to refuse as stipulated in Clause 2, Article 11, Point b, Clause 1, Article 24 of the Law on judicial expertise and cases where judicial expertises are not allowed as stipulated in Clause 2, Article 34 of the Law on judicial expertise.

The agreement on conducting the expertise between the party requesting the expertise and the organization or individual conducting the expertise is expressed through a contract or other forms of written documents in accordance with the law.

2. In cases where the individual or organization commissioned or requested to conduct the expertise refuses to perform the expertise, they must provide a written justification in accordance with Clause 2, Article 11, or Point d, Clause 2, Article 24 of the Law on judicial expertise.

More details can be found in Circular 49/2014/TT-BNNPTNT which took effect on February 9, 2015.

Thuy Tram

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