Latest regulations on assignment and appointment of judicial expertise performers in 2024 in Vietnam

Latest regulations on assignment and appointment of judicial expertise performers in 2024 in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Latest regulations on assignment and appointment of judicial expertise performers in 2024 in Vietnam

Specifically, Article 9 of Circular 09/2023/TT-BTP stipulates the assignment and appointment of judicial expertise performers in Vietnam as follows:

(1) Assignment and appointment of judicial expertise performers at the Ministry of Justice

- If the Ministry of Justice is solicited

Based on the matter of the expertise petition, the head of the specialized unit assigned by the Leader of the Ministry of Justice shall select and propose appointment of judicial experts, or ad hoc judicial expertise performers, or officials or public employees who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

- In case an ad hoc judicial expertise institution or a unit affiliated to the Ministry of Justice is solicited

Based on the matter of the expertise petition, the head of the ad hoc judicial expertise institution or a unit affiliated to the Ministry of Justice shall select and appoint judicial experts, or ad hoc judicial expertise performers, or officials or public employees who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

(2) Assignment and appointment of judicial expertise performers in local governments

- If the Department of Justice is solicited

Based on the matter of the expertise petition, the specialized unit assigned by the Leader of the Department of Justice shall select and appoint judicial experts, or ad hoc judicial expertise performers, or officials or public employees who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

- If a professional individual or organization, or corporate practitioner in the judicial field, or local civil enforcement agency is solicited

Based on the matter of the expertise petition, the head of the ad hoc judicial expertise institution or a specialized unit affiliated to the Department of Justice, or professional organization or local corporate practitioner in judicial field, or local civil enforcement agency shall select and appoint people who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

(3) The leader of the expertise team specified in Clauses (1) and (2) is responsible for assigning specific tasks to each member of the expertise team, assistants (if any), and administering the preparation and performance of judicial expertise.

Expertise process in the judicial field in 2024 in Vietnam

Expertise according to expertise solicitations or petitions in the judicial field is carried out according to the following process:

- Delivery and receipt of documents, subject of expertise solicitation or petition;

- Prepare for expertise;

- Perform expertise;

- Expertise conclusion;

- Return expertise conclusion;

- Prepare, keep and preserve expertise records;

(Clause 1 of Article 10 of Circular 09/2023/TT-BTP)

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