Vietnam: Cases of relief from duty of judicial experts in the information and communications sector

Vietnam: Cases of relief from duty of judicial experts in the information and communications sector (illustrative photo)

According to Article 6 Circular 24/2013/TT-BTTTT, the relief from duty of judicial experts is stipulated as follows:

1. Cases of relief from duty and the application for the relief from duty of judicial experts shall follow Clause 1 and Clause 2 Article 10 of the Law on Judicial Expertise 2012. Specifically, a judicial expert will be relieved from duty if they fall into one of the following cases:

- He/she no longer satisfies the criteria specified in Clause 1, Article 7 of Law on Judicial Expertise 2012;

- He/she falls into a case specified in Clause 2, Article 7 of Law on Judicial Expertise 2012;

- He/she is disciplined with caution or a higher penalty or is administratively sanctioned for an intentional violation of the law on judicial expertise;

- He/she commits an act specified in Article 6 of Law on Judicial Expertise 2012;

- He/she so requests, in case he/she is a civil servant, public employee, army officer, people's public security officer, professional soldier or defense worker having a decision on job leaving for retirement or resignation.

2. The head of the department or unit under the Ministry prepares the application for the relief from duty of judicial experts and sends it to the Department of Personnel and Organization.

The Director of the Department of Personnel and Organization, in cooperation with the Director of the Legal Department, reviews the application and submits it to the Minister of Information and Communications of Vietnam for consideration and decision on the relief from duty of judicial experts at the Ministry of Information and Communications.

3. The Director of the Department of Information and Communications agrees with the Director of the Department of Justice and prepares the application sent to the Chairman of the Provincial People's Committee to consider and decide on the relief from duty of local judicial experts.

More details can be found in Circular 24/2013/TT-BTTTT effective from February 15, 2014.

Thuy Tram

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