Vietnam: 02 cases in which the judicial expertise Office shall be terminated its operation

This is a notable content of Decree No. 85/2013/NĐ-CP issued on July 29, 2013 by Vietnam’s Government stipulating in detail and measures to implement the Law on Judicial Expertise of Vietnam.

chấm dứt hoạt động Văn phòng giám định tư pháp, Nghị định 85/2013/NĐ-CP

Specifically, according to Decree No. 85/2013/NĐ-CP of Vietnam’s Government, the judicial expertise Office shall be terminated its operation in the following cases:

1. Being terminated by itself;

2. Being revoked its Certificate of operation registration.

In case the judicial expertise Office terminates its operation by itself, within 30 days before the expected time of termination of operation, the judicial expertise Office has to submit a written report to the Service of Justice where its operation has been registered. The judicial expertise Office has to complete its expertise for solicitation and request for judicial expertise received, make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation. The Service of Justice shall notify in writing the termination of operation of the judicial expertise Office to the agencies and organizations as prescribed by law.

In case of operation termination due to the revocation of Certificate of operation registration of the judicial expertise Office, within 07 working days after revoking the Certificate of operation registration, the Service of Justice shall notify the agencies and organizations as specified by law. The judicial expertise Office has its obligation to make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation and transfer all dossiers archived for judicial expertise to Service of Justice where its operation has been registered. For expertise requests received but not yet performed, the judicial expertise Office shall return their dossiers, expertise subjects and expertise charges collected from the expertise solicitor or requester.

Note: The Service of Justice shall request the provincial-level People’s Committee to withdraw the decision on permitting the establishment of judicial expertise Office in cases of termination of operation as regulated.

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

Ty Na

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