Vietnam: Guiding the procedures for conversion of type of judicial expertise Office

Article 19 of Decree No. 85/2013/NĐ-CP of Vietnam’s Government guides the procedures for conversion of type of judicial expertise Office. The judicial expertise Office having a demand for conversion of type of operation from private enterprise to partnership and vice versa must submit dossier to request the conversion to the Service of Justice where the operation registration has been done. Dossier to request the conversion of type of operation of the judicial expertise Office includes:

+ Application for conversion;

+ Plan for conversion of type of operation specifying the reason for conversion, organization and operation of the judicial expertise Office by the time of request for conversion, expected organization, name, location of head office, personnel, facilities, equipment, and means of expertise;

+ Copy of decision on judicial expert appointment

+ Decision on Office establishment;

+ New draft Regulation on Office’s organization and operation;

- Within 07 working days after fully receiving dossiers as specified in Clause 2 of this Article, the Service of Justice shall submit them to the Chairman of provincial-level People’s Committee for reviewing and deciding on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

- Within 10 days after receiving a valid dossier, the Chairman of provincial-level People’s Committee shall review and decide on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

- Within 15 days after receiving the decision on permitting the conversion, the judicial expertise Office has to register its operation at Service of Justice. When making registration, the Office must have application for operation registration, a copy of decision on permitting the Office’s conversion and papers evidencing the eligibility to ensure the operation of the judicial expertise Office under the Plan for conversion of type of operation.

- Within 07 working days after receiving valid dossier, the Service of Justice shall issue Certificate of operation registration to the judicial expertise Office converted. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office rejected with issuance of Certificate of operation registration may lodge complaint or initiate lawsuit as prescribed by law.

- The judicial expertise Office which has been converted with its type may operate on the date of issuance of Certificate of operation registration, inherit all the rights, obligations and responsibilities and archive all dossiers and documents of the previous Office.

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

Ty Na

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