Provincial procedures for reissuing judicial expert's identity cards in Vietnam as of May 15, 2024

16:37, 01/06/2024

The Ministry of Justice has just announced amended administrative procedures related to judicial expertise under the management of the Ministry of Justice of Vietnam.

Provincial procedures for reissuing judicial expert's identity cards in Vietnam as of May 15, 2024 (Internet image)

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

On May 17, 2024, the Ministry of Justice issued Decision 853/QD-BTP on the announcement of amended administrative procedures related to judicial expertise under the management of the Ministry of Justice of Vietnam.

Provincial procedures for reissuing judicial expert's identity cards in Vietnam as of May 15, 2024

Implementation process:

The Director of the Department of Justice receives the application for reissuing judicial expert's identity cards.

Within 10 days from the date of receiving the application for reissuing judicial expert's identity cards, the Director of the Department of Justice submits the decision to reissue the judicial expert's identity cards to the Chairman of the Provincial People's Committee.

Within 10 days from the date of receiving the complete application for reissuing judicial expert's identity cards, the Chairman of the Provincial People's Committee decides to reissue the judicial expert's identity cards; in case of refusal, it must be notified in writing and state the reasons.

Submisssion methods: The application is sent directly, through the postal system, or online (if the administrative procedure is provided online) to the Department of Justice.

Components:

- Application for reissuing judicial expert's identity cards. In case the card is lost or there are changes in the information recorded on the card, the application for reissuing judicial expert's identity cards must be accompanied by confirmation from the managing agency or unit.

- Current judicial expert's identity cards in case of changes in the recorded information; judicial expert's identity cards in case the old card is damaged;

- 02 color portrait photos sized 2cm x 3cm (taken within the last 06 months) of the applicant for reissuing the judicial expert's identity cards.

Quantity: 01 set.

Processing time:

In-charge authority: Provincial People's Committee.

Entities performing the administrative procedure: Individuals.

Fees and charges: None.

Results: judicial expert's identity cards.

Requirements, conditions for performing the administrative procedure: None.

According to Article 7 of the Law on Judicial Expertise 2012, the criteria for appointment of judicial experts are as follows:

- A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:

+ Being physically fit and having good moral qualities;

+ Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained area for at least 5 years;

In case a person, who is proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques, has worked as an expertise assistant in a forensic medicine, psychiatric forensic medicine or criminological technique institution, his/her period of practical professional activities must be at least 3 years in full;

+ Possessing a certificate of judicial expertise training or retraining, for a person proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques.

- The following persons may not be appointed as judicial experts:

+ Those who have lost their civil act capacity or have a limited civil act capacity;

+ Those who are currently examined for penal liability; those who have been convicted for unintentionally committing a crime or intentionally committing a less serious crime and their criminal record has not been remitted; those who have been convicted for intentionally committing a serious crime, very serious crime or particularly serious crime;

+ Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.

- Ministers and heads of ministerial-level agencies shall detail Clause 1 of Article 7 of the Law on Judicial Expertise 2012 regarding judicial experts in the areas under their management after reaching agreement with the Minister of Justice.

Nguyen Ngoc Que Anh

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