Who has the authority to decide the dismissal of judicial experts in Vietnam?

Currently, judicial assessment is the activity in which judicial experts utilize scientific, technical, and professional knowledge, methods, and means to draw professional conclusions on issues related to criminal investigation, prosecution, trial, and enforcement, as well as civil and administrative case resolution, upon the request of procedural authorities, procedural individuals, or upon the request of the party requesting the inspection, in accordance with the Law on Judicial Expertise.

Circular 24/2013/TT-BTTTT stipulates the cases of exemption, and the application files for exemption of judicial expertise shall be made in accordance with Article 10, Clauses 1 and 2 of the Law on Forensic Appraisal.

Specifically, the following entities have the authority to decide on the exemption of judicial expertise:

- The head of the agency or unit under the Ministry shall prepare the application for exemption of judicial experts to be sent to the Personnel Organization Department.

- The head of the Personnel Organization Department, in coordination with the head of the Legal Department, shall review the application and submit it to the Minister of Information and Communications for consideration and decision on the exemption of judicial experts at the Ministry of Information and Communications.

- The Director of the Department of Information and Communications shall coordinate with the Director of the Department of Justice, prepare the application for consideration and decision on the exemption of judicial experts at the provincial level to be submitted to the Chairman of the People's Committee at the provincial level.

For more details, please refer to Circular 24/2013/TT-BTTTT which is effective from February 15, 2014.

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