Standards for judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance in Vietnam

Standards for judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance in Vietnam (Internet image)

The Minister of Labour, Invalids, and Social Affairs promulgates Circular 23/2022/TT-BLDTBXH dated November 25, 2022, providing for judicial expertise on a case-by-case basis in the field of social insurance and unemployment insurance.

1. Standards for judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance in Vietnam

- An individual may be selected to act as a judicial judge in a case in the field of social insurance or unemployment insurance when fully meeting the criteria specified in Clause 1, Article 18 of the Law on Judicial Expertise 2012:

+ Having good health and moral qualities;

+ Having a university degree or higher and having practiced professional activities in the field of training for at least five years or more.

- Judicial assessment organizations, according to cases in the field of social insurance and unemployment insurance, must fully satisfy the conditions specified in Clause 1, Article 19 of the Law on Judicial Expertise 2012:

+ Having legal personality;

+ Having professional activities suitable to the contents of the solicited or requested expertise;

+ Having conditions for professional staff and material facilities to ensure the performance of judicial expertise.

2. Recognition and cancellation of judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance in Vietnam 

Recognition and cancellation of recognition of judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance are as follows:

- The focal unit of Vietnam Social Security shall organize the selection and make a list of individuals and organizations under its management that are eligible for operation in the field of social insurance and unemployment insurance, according to regulations submitted to the General Director of Vietnam Social Insurance;

Within 07 working days from the date of receipt of valid dossiers, the General Director shall issue decisions on the recognition of ad hoc judicial expertise and ad hoc judicial expertise organizations in the fields of social insurance and unemployment insurance.

- In case an individual or an organization of judicial expertise, on a case-by-case basis, no longer meets the criteria and conditions for judicial expertise activities according to the provisions of Article 6 of Circular 23/2022/TT-BLDTBXH:

The focal unit of Vietnam Social Insurance submits to the General Director of Vietnam Social Insurance shall issue decisions to cancel the recognition of ad hoc judicial expertise, organize ad hoc judicial expertise in the fields of social insurance and unemployment insurance.

3. Posting a list of judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance in Vietnam 

The posting of a list of judicial experts and judicial expertise institutions according to cases in the field of social insurance and unemployment insurance is as follows:

- Within 07 working days since the decision to recognize or cancel the recognition of judicial expertise according to the case, organizing judicial expertise on a case-by-case basis, Vietnam Social Insurance shall post or update the list on the Vietnam Social Security web portal and send it to the Ministry of Justice as prescribed.

- The list of case-by-case judicial expertise and ad-hoc judicial expertise organizations specified in Clause 1, Article 8 of Circular 23/2022/TT-BLDTBXH is the basis for the competent procedure-conducting agency and the procedure-conducting competent person to select and decide on the solicitation of expertise.

4. Time limit for judicial expertise according to the case in the field of social insurance and unemployment insurance in Vietnam 

The time limit for judicial expertise by case in the field of social insurance and unemployment insurance is as follows:

- The time limit for judicial expertise on a case-by-case basis is counted from the date on which the ad-hoc judicial expertise agency or organization receives the decision to solicit expertise and completes the dossiers, objects of expertise, information, documents, and objects mentioned in the decision to solicit expertise.

- The time limit for judicial expertise according to the social insurance and unemployment insurance case shall comply with the time limit specified in the solicitation decision of the expert solicitor.

- The maximum time limit for judicial expertise for cases not specified in Clause 2, Article 17 of Circular 23/2022/TT-BLDTBXH for each type of expertise is as follows:

+ Assessing the contents related to the collection of social insurance and unemployment insurance premiums, the maximum period of assessment is 01 month;

+ Assessing contents related to settlement of social insurance benefits, the maximum duration of assessment is 02 months;

+ Assessing the contents related to payment of social insurance and unemployment insurance regimes, the maximum period of assessment is 01 month;

+ Assessing other matters related to the field of social insurance and unemployment insurance under the jurisdiction of Vietnam Social Security, the maximum period of assessment is 03 months;

+ For case-by-case assessment with 02 or more different assessment contents in the field of social insurance and unemployment insurance specified in Article 3 of Circular 23/2022/TT-BLDTBXH or of a complex nature involving many organizations and individuals, the maximum assessment period is 04 months.

- In cases of necessity, the individual ad hoc judicial expert or the ad hoc judicial expertise organization shall send a written request to the expertise soliciting agency for an extension according to its competence.

Circular 23/2022/TT-BLDTBXH takes effect from January 10, 2023.

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