Conditions for establishment of judicial expertise offices in Vietnam

Conditions for establishment of judicial expertise offices in Vietnam (Internet image)

1. What are judicial expertise offices?

According to Clause 1, Article 14 of the Law on Judicial Expertise 2012, the judicial expertise offices are non-public judicial expertise institutions established in the areas of finance, banking, construction, antiques, relics and copyright.

In addition, according to Clause 2, Article 14 of the Law on Judicial Expertise 2012, a judicial expertise office established by one judicial expert shall be organized and operate as a private enterprise. A judicial expertise office established by two or more judicial experts shall be organized and operate as a partnership.

The legal representatives of judicial expertise offices are their heads, who must be judicial experts.

2. Conditions for establishment of judicial expertise offices in Vietnam

Conditions for establishment of judicial expertise offices under Article 15 of the Law on Judicial Expertise 2012 (amended 2020) are as follows:

-  A judicial expert may establish a judicial expertise office when fully satisfying the following conditions:

+  Having at least 3 years of experience working as a judicial expert and providing expertise service in the area the same as the one mentioned in the application for establishment of the  Expertise Service Office;

+ Having an establishment scheme specified at Point d, Clause 2, Article 16 of the Law on Judicial Expertise 2012.

- Cadres, civil servants, public employees, army officers, people's public security officers, professional soldiers and defense workers are prohibited from establishing judicial expertise offices.

3. Licensing of establishment of judicial expertise offices in Vietnam

The licensing of establishment of judicial expertise offices under Article 16 of the Law on Judicial Expertise 2012 (amended 2020) is as follows:

- Chairpersons of provincial-level People's Committees of localities in which judicial expertise offices are expected to be located shall consider and decide to license the establishment of such judicial expertise offices at the request of directors of provincial-level Service of Justices.

-. A judicial expert who applies for a license to establish a judicial expertise office shall send a dossier of application to the provincial-level Service of Justice. Such a dossier comprises:

+ An application for a license;

+ A copy of the decision on appointment of the judicial expert;

+ The draft regulation on organization and operation of the judicial expertise office;

+ The judicial expertise office establishment scheme, which must clearly state the establishment purpose(s); projected name, personnel and location of the office; conditions of physical foundations and expertise equipment, facilities and means as specified by the ministry or ministerial-level agency in charge of the relevant expertise field and implementation plan.

- Within 30 days after receiving a complete and valid dossier of application for a license to establish a judicial expertise office, the director of the provincial-level Service of Justice shall examine such dossier and reach agreement with the head of the specialized agencies controlled by provincial People's Committees in charge of judicial expertise, then submit it to the chairperson of the provincial-level People's Committee for consideration and decision.

Within 15 days after receiving a dossier from the provincial-level Service of Justice, the chairperson of the provincial-level People's Committee shall consider and decide to license the establishment of the judicial expertise office. In case of refusal to license, he/she shall notify such in writing, clearly stating the reason. The refused applicant may file a complaint or institute a lawsuit in accordance with law.

4. Operation registration of judicial expertise offices in Vietnam

Operation registration of judicial expertise offices according to Article 17 of the Law on Judicial Expertise 2012 (amended 2020) is as follows:

- Within one year after the chairperson of the provincial-level People's Committee decides to license its establishment, a judicial expertise office shall register its operation with the provincial-level Service of Justice.

The decision licensing the establishment of a judicial expertise office shall be invalidated if such judicial expertise office fails to register its operation within one year after the chairperson of the provincial-level People's Committee issues such decision.

- A judicial expertise office shall send to the provincial-level Service of Justice a dossier for operation registration which comprises:

+ An application for operation registration;

+ Its organization and operation regulation;

+ Papers evidencing its satisfaction of the operation conditions according to the establishment scheme mentioned at Point d, Clause 2, Article 16 of the Law on Judicial Expertise 2012;

+ A copy of the establishment licensing decision.

- Within 30 days after receiving a complete and valid dossier, the provincial-level Service of Justice shall assume the prime responsibility for, and coordinate with the specialized agencies controlled by provincial People's Committees in charge of judicial expertise in, inspecting the satisfaction of the conditions stated in the establishment scheme mentioned at Point d, Clause 2, Article 16 of the Law on Judicial Expertise 2012, and granting an operation registration certificate.

In case of refusal, it shall notify such in writing, clearly stating the reason, and concurrently report such to the chairperson of the provincial-level People's Committee for consideration and decision to revoke the establishment licensing decision. The refused applicant may file a complaint or initiate a lawsuit in accordance with law.

-. A judicial expertise office may commence its operation after receiving an operation registration certificate.

Quoc Dat

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