Implementation of judicial expertise in scientific and technological activities in Vietnam

Implementation of judicial expertise in scientific and technological activities in Vietnam​​ (Illustrative image)

According to Article 14 of Circular 35/2014/TT-BKHCN, regulations on the implementation of judicial expertise in science and technology activities are as follows:

1. Forensic examiners, ad-hoc forensic experts, and ad-hoc forensic expert organizations shall carry out expertise as follows:

- Develop an outline of expertise with the following basic contents: identify the specialized standards, relevant legal regulations expected to be applied when conducting expertise as prescribed in Article 13 of this Circular; estimated time to complete the expertise; conditions prescribed by law to carry out the expertise.

For ad-hoc forensic expert organizations, in addition to the above contents, the organization's expertise outline must include the list of personnel conducting the expertise, the person assigned to lead the expertise, and information about the competency of individuals conducting the expertise;

- If necessary, individuals or organizations conducting expertise shall request the summoning person or requester of expertise to survey the expertise object to serve the planning and execution of the expertise unless otherwise provided by law;

- Collect information and documents related to the content to be examined;

- Carry out the expertise;

- Develop expertise conclusions as guided in Article 15 of this Circular.

2. In case of changes in individuals or forensic expert organizations, the head of the unit assigning the individual or organization to conduct the expertise is responsible for notifying in writing the summoning person or requester of expertise.

3. During the implementation, the expert must prepare a document recording the process of conducting expertise following Form No. 04 in the Annex issued with this Circular.

4. Forensic examiners, ad-hoc forensic experts, and ad-hoc forensic expert organizations, when conducting forensic expertise, have the right to use experimental results, supplementary tests, or specialized conclusions made by other individuals or organizations with appropriate conditions and competencies as prescribed in this Circular to serve the expertise.

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

Thuy Tram

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