Vietnam: Procedure for canceling the recognition of ad hoc judicial expertise performers

Procedure for canceling the recognition of ad hoc judicial expertise performers (Illustration)

Article 9 of Circular 14/2020/TT-NHNN provides the procedure for canceling the recognition of ad hoc judicial expertise performers as follows:

When an ad hoc judicial expertise performer no longer meets the criteria specified in Clause 2, Article 5 of this Circular:

• The head of a unit within the State Bank of Vietnam (excluding the Director of the State Bank of Vietnam branch in province or central-affiliated city) shall submit a written proposal to the Personnel and Organization Department to present to the Governor of the State Bank of Vietnam for a decision to cancel the recognition of the ad hoc judicial expertise performer. The proposal must at least include the following details: full name of the ad hoc judicial expertise performer; the recognition decision number; the reason for the cancellation proposal, specifying the unmet criteria.
• The Director of the State Bank of Vietnam branch in province or central-affiliated city shall decide to cancel the recognition of the ad hoc judicial expertise performer who has been recognized by their branch and must send this decision to the Personnel and Organization Department.
• Within a maximum of 07 days from the date of the Governor's decision, or upon receiving the decision of the State Bank of Vietnam branch in a province or central-affiliated on the cancellation of the recognition of the ad hoc judicial expertise performer, the Personnel and Organization Department shall compile, adjust the list of recognized ad hoc judicial expertise performers, submit it to the Governor of the State Bank of Vietnam for signing and sending to the Ministry of Justice. Simultaneously, the list should be sent to the Communication Department for publication on the State Bank of Vietnam's electronic portal and to the Banking Inspection and Supervision Agency for monitoring.

Details can be found in Circular 14/2020/TT-NHNN, effective from January 1, 2021.

Le Vy

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