Law on Judicial Expertise 2012 of Vietnam: Dismissal of judicial expert

According to Article 10 of the Law on Judicial Expertise 2012 of Vietnam, cases in which a judicial expert shall be dismissed from his/her duty:

- He/she no longer satisfies the criteria specified in Clause 1, Article 7 of this Law;

- He/she falls into a case specified in Clause 2, Article 7 of this Law;

- He/she is disciplined with caution or a higher penalty or is administratively sanctioned for an intentional violation of the law on judicial expertise;

- He/she commits an act specified in Article 6 of this Law;

- He/she requests, in case he/she is a civil servant, public employee, army officer, people's public security officer, professional soldier or defense worker having a decision on job leaving for retirement or resignation.

A dossier of request for dismissal a judicial expert from his/her duty comprises:

- A written request for dismissal from duty of a judicial expert, made by the agency or organization that has proposed the appointment of such person;

- Documents or papers evidencing that the judicial expert falls into one of the cases specified above.

The dossier of request for dismissal of a criminological techniques expert shall be made in two sets and comply with the provisions of Clause 2 Article 10 of the Law on Judicial Expertise 2012 of Vietnam.

Competence to dismiss judicial experts from duty is as follows:

- The Minister of Public Security and the Minister of National Defense shall consider and request the Minister of Health to dismiss forensic medicine experts from duty under their management.

- The Minister of National Defense shall consider and request the Minister of Public Security to dismiss criminological technique experts from duty under his/her management.

- Ministers and heads of ministerial-level agencies may dismiss from duty judicial experts working in central agencies in the areas under their respective management at the request of heads of units of their ministries or ministerial-level agencies in charge of judicial expertise activities.

- Chairpersons of provincial-level People's Committees may dismiss from duty local judicial experts at the request of heads of specialized agencies of their People's Committees after the latter reach agreement with directors of provincial-level Service of Justices.

Within 10 days after receiving a valid dossier, a minister, head of a ministerial-level agency or chairperson of a provincial-level People's Committee shall consider and decide to dismiss from duty a judicial expert and modify the list of judicial experts on its website, and concurrently send such dossier to the Ministry of Justice for modification of the general list of judicial experts.

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