Procedures for modification and supplementation of area of expertise of judicial expertise Office in Vietnam

Specifically, Article 17 of Decree No. 85/2013/NĐ-CP of Vietnam’s Government guides the procedures for modification and supplementation of area of expertise of judicial expertise Office. Dossier to request the modification and supplementation of area of expertise of the judicial expertise Office includes:

+ Application for modification and supplementation of area of expertise;

+ The plan for modification and supplementation of area of expertise stating the conditions on personnel, facilities, equipment and means of expertise as prescribed by the Ministry, the ministerial agencies professionally managing the area of expertise and plan for implementation in accordance with the modification and supplementation of areas of expertise;

+ The copy of decision on judicial expert appointment in accordance with the modification and supplementation of areas of expertise;

+ The issued Decision on permitting the establishment of the judicial expertise Office;

- The judicial expertise Office modifying and supplementing area of expertise has to submit the application to the Service of Justice where the judicial expertise Office has registered its operation together with the plan for modification and supplementation of area of expertise.

- Within 30 days after receiving a valid dossier, the Director of Service of Justice shall review, appraise and agree with the head of the specialized agency of the provincial-level People's Committee managing the field of judicial expertise for submission to Chairman of provincial-level People's Committee for consideration and decision.

- Within 15 days after the Service of Justice has submitted dossiers, the Chairman of provincial-level People's Committee shall review and make a decision on permitting the modification and supplementation of the area of expertise. If the modification and supplementation are not permitted, there must be a written notice specifying the reasons. The judicial expertise Office which is rejected with modification and supplementation of area of expertise may lodge complaint or initiate lawsuit as prescribed by law.

- Within 01 year after being permitted for modification and supplementation of area of expertise by the Chairman of provincial-level People’s Committee, the judicial expertise Office shall carry out the registration of contents modified and supplemented at the Service of Justice. Beyond the above time limit, if the judicial expertise Office does not register its modification and supplementation of area of expertise, the Decision on permitting the modification and supplementation of area of expertise shall be invalid.

- Dossier, order and procedures for registration of modification and supplementation of area of expertise comply with the provisions in Article 17 of the Law on judicial expertise of Vietnam and relevant provisions of this Decree.

View details at Decree No. 85/2013/NĐ-CP of Vietnam’s Government, effective from September 15, 2013.

Ty Na

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