Vietnam: What does judicial expertise in the fields of labor, meritorious people, and society include?

Vietnam: What does judicial expertise in the fields of labor, meritorious people, and society include? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is Judicial expertise?

According to Clause 1 of Article 2 of the Law on Judicial Expertise 2012 (amended in 2020), judicial expertise means an activity in which a judicial expert uses his/her knowledge, means, scientific, technical and professional methods to draw professional conclusions about matters related to the initiation of legal proceedings, investigation, prosecution, adjudication and enforcement and execution of criminal judgments, settlement of civil cases and administrative cases as solicited for by an authority or person having procedural jurisdiction or requested by an expertise petitioner under the provisions of the Law on Judicial Expertise 2012.

2. What does judicial expertise in the fields of labor, meritorious people, and society include?

Judicial expertise in the fields of labor, meritorious people, and society includes the following specific areas:

- Labor, salary.

- Job.

- Vietnamese workers working abroad under contract.

- Vocational education (except pedagogy).

- Occupational safety and hygiene.

- Meritorious person.

- Social Protection.

- Children.

- Prevention of social evils.

- Gender equality.

- Social insurance; except for appraisal cases in the fields of social insurance and unemployment insurance, which are performed by Vietnam Social Insurance and Social Insurance of provinces and centrally run cities according to regulations in Circular 18/2023/TT-BLDTBXH.

(Article 3 of Circular 18/2023/TT-BLDTBXH)

3. Judicial expertise term for each specific type of job in the field of labor, meritorious people, and society in Vietnam

Pursuant to Article 5 of Circular 18/2023/TT-BLDTBXH, the judicial expertise period for each specific type of job in the fields of labor, people with meritorious service, and society is as follows:

- The maximum time limit is 03 months for cases requiring expertise in one of the fields specified above.

- The maximum appraisal period is 04 months for:

+ The case has appraisal content in one of the fields specified above and is complex or involves many organizations or individuals.

+ The case has content requiring appraisal in 02 or more fields, as prescribed above.

4. Criteria for appointment of judicial experts in Vietnam

- A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:

= Being physically fit and having good moral qualities;

= Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained area for at least 5 years;

In case a person, who is proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques, has worked as an expertise assistant in a forensic medicine, psychiatric forensic medicine or criminological technique institution, his/her period of practical professional activities must be at least 3 years in full;

= Possessing a certificate of judicial expertise training or retraining, for a person proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques.

- The following persons may not be appointed as judicial experts:

= Those who have lost their civil act capacity or have a limited civil act capacity;

= Those who are currently examined for penal liability; those who have been convicted for unintentionally committing a crime or intentionally committing a less serious crime and their criminal record has not been remitted; those who have been convicted for intentionally committing a serious crime, very serious crime or particularly serious crime;

= Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.

- Ministers and heads of ministerial-level agencies shall detail Clause 1 of this Article regarding judicial experts in the areas under their management after reaching agreement with the Minister of Justice.

(Article 7 of the Law on Judicial Expertise 2012)

Nguyen Ngoc Que Anh

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