Vietnam: Rights and obligations of judicial expertise performers when performing judicial expertise

According to Article 23 of the Law on Judicial Expertise 2012 of Vietnam, judicial expertise performers have the following rights:

- To select necessary and appropriate methods of performing expertise according to contents requested for expertise;

- To use additional experimental or testing results or professional conclusions made by other institutions or individuals for their expertise;

- To be independent in making expertising conclusions.

Besides, judicial expertise performers have the following obligations:

- To comply with the principles of judicial expertise;

- To perform expertise strictly according to contents requested for expertise;

- To make and notify expertising conclusions within the requested time limit; in case of additional time needed for performance of expertise, promptly notify such to expertise solicitors or requesters;

- To prepare expertise dossiers;

- To preserve expertised samples and documents relevant to expertised cases or matters;

- Not to notify expertising results to other parties, unless so agreed in writing by expertise solicitors or requesters;

- To bear personal responsibility for their expertising conclusions. In case of intentionally making untruthful expertising conclusions, thus causing damage to individuals or institutions, to pay compensations for damage or refund expenses in accordance with law.

In addition to the rights and obligations specified above, judicial expertise performers have other rights and obligations provided by the law on procedure.

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