Vietnam: From 2021, the Supreme People’s Procuracy shall conduct the judicial expertise on electronic audiovisual data

Specifically, according to Clause 8 Article 1 of the Amending Law on Judicial Expertise 2020 amending and supplementing Clauses 4 and 5 Article 12 of the Law on Judicial Expertise 2012 of Vietnam:

4. Public providers of criminal technical expertise service, including:

a) National Institute of Forensic Science controlled by the Ministry of Public Security;

b) Criminal Justice Technology Divisions controlled by provincial Departments of Public Security;

c) Bureau of Criminal Justice Technology and Expertise controlled by the Ministry of National Defense;

d) Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy.

Thus, the Amending Law on Judicial Expertise 2020 supplements the “Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy” to the list of public providers of criminal technical expertise service from January 01, 2021.

Moreover, this Law also regulates that “Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy shall conduct the judicial expertise on electronic audiovisual data. Based on actual needs and conditions of specific localities, Criminal Justice Technology Divisions controlled by provincial Departments of Public Security shall assign forensic experts to provide forensic expertise service.”

The Chief Procurator of the Supreme People's Procuracy shall lay down regulations on the functions, tasks and organizational structure of the Bureau of Criminal Justice Technology and Expertise of the Supreme People's Procuracy, and submit these regulations to the National Assembly’s Standing Committee to seek their ratification and approval.

Moreover, the Amending Law on Judicial Expertise 2020 also supplements the responsibility of the Supreme People's Procuracy, specifically as follows:

- Preside over and cooperate with the Ministry of Justice in establishing, consolidating and improving the organization of the Bureau of Criminal Justice Technology and Expertise under the control of the Supreme People's Procuracy;

- Post and update the list of judicial experts on the web portal of the Supreme People's Procuracy, and at the same time send such list to the Ministry of Justice;

- Examine, inspect and settle complaints and denunciations concerning the organization and implementation of judicial expert activities of the Bureau of Criminal Justice Technology and Expertise under their management;

- Annually, evaluate the quality of judicial expertise activities under its management;

- Promptly honor and reward judicial experts and judicial expertise service providers who have made outstanding achievements in their judicial assessment activities under their respective management;

- Before December 31 each year, conduct the review of  the organization and implementation of judicial expertise activities under their management and send reports to the Ministry of Justice for the final report submitted to the Government.

View several new provisions at the Amending Law on Judicial Expertise 2020 of Vietnam, effective from January 01, 2021.

Thu Ba

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