Guidance on the appointment of persons for judicial expertise in the Information and Communications Technology Sector in Vietnam

Guidance on the appointment of persons for judicial expertise in the Information and Communications Technology Sector in Vietnam (Illustrative image)

According to Article 8 of Circular 24/2013/TT-BTTTT, the guidance on appointing persons for judicial expertise is stipulated as follows:

1. At the Ministry of Information and Communications of Vietnam:

- In cases where the Ministry of Information and Communications of Vietnam receives a judicial expertise request within the scope of the Ministry’s state management, the Director of the Legal Department presides and cooperates with the Director of the Human Resources Department and heads of relevant agencies and units to select judicial experts and ad-hoc judicial experts appropriate to the content of the expertise request. They propose the form of expertise, whether individual or collective, according to the regulations in Article 28 of the Law on Judicial Expertise and submit it to the Ministry's leadership for decision to appoint persons for expertise and form of expertise for the requested content.

In cases where the judicial expertise request contains content not within the scope of the Ministry’s state management, the Director of the Legal Department presides and cooperates with the Director of the Human Resources Department to submit to the Ministry's leadership a refusal for judicial expertise and respond to the requesting agency.

- In cases where agencies and units under the Ministry receive requests for judicial expertise within their jurisdiction, the heads of those agencies and units are responsible for accepting and assigning persons to perform judicial expertise according to the law.

2. At the Department of Information and Communications:

- In cases where the Department of Information and Communications receives a judicial expertise request within the scope of the Department’s state management, the Director of the Department selects judicial experts and ad-hoc judicial experts appropriate to the content of the expertise request, decides the form of expertise, whether individual or collective, according to the regulations in Article 28 of the Law on Judicial Expertise. They then inform the requesting agency of the list of persons assigned to perform the expertise and the form of expertise for the requested content.

- In cases where the content for expertise is not within the scope of the Department’s state management, the Director of the Department of Information and Communications is responsible for refusing judicial expertise and responding in writing to the requesting agency.

Note: Organizations and persons assigned to judicial expertise are responsible for accepting the contents of the expertise request, organizing the expertise, concluding on the expertise contents, and responding to the requesting agency according to the law. In cases where they find themselves unable to undertake the assigned expertise, the organizations and persons must refuse in writing. The written refusal must be sent to the assignor and the requesting agency.

More details can be found in Circular 24/2013/TT-BTTTT, which comes into effect in Vietnam from February 15, 2014.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE