Vietnam: 03 entities entitled to remuneration regime for judicial expertise

On July 29, 2013, the Government of Vietnam issued Decree No. 85/2013/NĐ-CP stipulating in detail and measures to implement the Law on Judicial Expertise of Vietnam.

đối tượng được hưởng chế độ bồi dưỡng giám định tư pháp, Nghị định 85/2013/NĐ-CP

According to Article 25 of Decree No. 85/2013/NĐ-CP of Vietnam’s Government, the remuneration regime for judicial expertise specified in Article 37 of the Law on judicial expertise of Vietnam is applicable for the following:

1. Ad hoc judicial experts and judicial expertise performers who get paid from the state budget perform judicial expertise;

2. The judicial expertise performers ’ helpers who get paid from the state budget include: assistants, technicians, physicians, criminal technical officials in case of mortem examination, autopsy, exhumation and others assigned by the Head of organization solicited for expertise or appointed by the judicial expertise performers  responsible for coordinating the expertise.

3. Investigators, prosecutors and judges assigned by competent state agencies to be present and perform duties during the time of expertise in case of mortem examination, autopsy, exhumation.

Note: If the organization is solicited or requested for expertise, this organization shall make payment of remuneration for expertise to the subjects specified at Point 1 and 2 from the charge of judicial expertise collected from the expertise solicitor or requestor.

The proceedings-conducting agency shall make payment of expertise remuneration to the subjects specified at Point 3 from the funding for investigation, prosecution and adjudication included in the annual budget estimate of the proceedings-conducting agency.

Concurrently, the Prime Minister shall specify the remuneration for judicial expertise.

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

Ty Na

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