Who will bear the judicial expertise costs and expenses in the Information and Communication Technology Sector in Vietnam?

Who will bear the judicial judicial expertise costs and expenses and expenses in the Information and Communication Technology Sector in Vietnam? (Illustration photo)

According to Article 10 of Circular 24/2013/TT-BTTTT, the application of professional standards in judicial expertise activities; judicial judicial expertise costs and expenses and expenses and judicial expertise allowance are stipulated as follows:

1. Judicial expertise activities in the field of information and communication are implemented based on current professional standards in the field of information and communication (including national standards and national technical regulations in the field of information and communication) and related legal documents pertaining to the content to be inspected.

2. The costs for judicial expertise in the field of information and communication are collected and expended according to the provisions of Ordinance 02/2012/UBTVQH13 dated March 28, 2012, by the Standing Committee of the National Assembly on the costs of inspection, valuation; costs for witnesses, interpreters in proceedings; detailed implementation documents and other relevant legal provisions.

The compensation regime for judicial expertise in the field of information and communication is implemented according to the provisions of Article 25 of Decree 85/2013/ND-CP dated July 29, 2013, by the Government of Vietnam, guiding the implementation of the Law on Judicial Expertise.

In Article 8 of the Ordinance on costs of inspection, valuation, costs for witnesses, interpreters in proceedings, the responsibility for payment of judicial expertise costs and expenses in Vietnam  is stipulated as follows:

- The proceeding-conducting agency is responsible for paying the judicial expertise costs and expenses according to the amount, time, and method notified by the organization or individual who conducted the expertise. If the case is initiated at the request of the victim, and the Court declares the accused not guilty or the case is suspended under the provisions of Clause 2, Article 105 of the Criminal Procedure Code, the proceeding-conducting agency shall not bear the judicial expertise costs and expenses. The victim must reimburse the proceeding-conducting agency the judicial expertise costs and expenses paid.

- The Court is responsible for paying the judicial expertise costs and expenses if the expertise results are not significant for resolving the case. If the expertise results are significant for resolving the case, the losing party must bear the judicial expertise costs and expenses. The advance payment for judicial expertise costs and expenses is refunded to the proceeding-conducting agency that made the payment.

More details can be found in Circular 24/2013/TT-BTTTT, which comes into effect in Vietnam from February 15, 2014.

Thuy Tram

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