Criteria for appointment of judicial experts in Vietnam

Criteria for appointment of judicial experts in Vietnam (Source: Internet)

1. Who is a judicial expert?

According to Clause 6, Article 2 of the Law on Judicial Expertise 2012 (amended in 2020), judicial experts are those who satisfy the criteria specified in Section 2 and are appointed by competent state agencies to perform judicial expertise.

2. Criteria for appointment of judicial experts in Vietnam

Specifically, in Clause 1, Article 7 of the Law on Judicial Expertise 2012 (amended in 2020), 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.

3. Cases ineligible for appointment of judicial experts in Vietnam

Pursuant to Clause 2, Article 7 of the Law on Judicial Expertise 2012 (amended in 2020), 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.

4. Cases of dismissal of judicial experts in Vietnam

According to Clause 1, Article 10 of the Law on Judicial Expertise 2012 (amended in 2020), cases of dismissal of judicial experts:

- Failing to meet the criteria stipulated in Section 2;

- Falling into one of the cases prescribed in Section 3;

- Subject to disciplinary action at least in the form of caution, or administrative penalty for intentional violation of legislation on judicial expertise;

- Committing one of the acts prescribed in Article 6 herein;

+ Refusing to make judicial expertising conclusions without any plausible reason.

+ Intentionally making untruthful judicial expertising conclusions.

+ Intentionally prolonging the performance of judicial expertise or exploiting judicial expertise solicitation or request to complicate and obstruct procedural activities.

+ Taking advantage of judicial expertise to seek personal benefits.

+ Disclosing secret information acquired during the performance of judicial expertise.

+ Enticing or forcing judicial expertise performers to make untruthful judicial expertising conclusions.

+ Intervening in or obstructing expertise activities of judicial expertise performers.

- Obtaining a decision to retire or resign, except the case where the judicial expert submits a written document showing his/her desire to continue to take part in judicial expertise activities, and directly supervisory body or organization needs him/her in accordance with legislative regulations;

- Changing his/her job position or transferring to another agency or organization to the extent that suitable conditions for continuation of his/her judicial expertise no longer exist;

- Accepting his/her own request.

If the judicial expert who is a public official or employee, an officer of the army or people's police force, or a professional serviceman or a defense worker wish to leave his/her job position, he/she must seek consent from his/her directly supervisory body or organization;

- Such dismissal will occur if a judicial expert is appointed as a prerequisite for setting up a his/her expertise office but, after 01 year from the date of appointment, failing to do so or, after 01 year of receipt of the decision to allow establishment of expertise office, failing to register the operation of his/her office.

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE