Vietnam: Dismissal of judicial experts in the field of agriculture and rural development

Vietnam: Dismissal of judicial experts in the field of agriculture and rural development (Internet image)

The dismissal of judicial experts in the field of agriculture and rural development is prescribed in Circular 20/2022/TT-BNNPTNT as follows:

1. Cases of dismissal of judicial experts in Vietnam

Cases of dismissal of judicial experts in Vietnam include:

- Failing to meet the criteria stipulated in Clause 1 of Article 7 of the Law on Judicial Expertise 2012;

- Falling into one of the cases prescribed in Clause 2 of Article 7 of the Law on Judicial Expertise 2012;

- 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 of the Law on Judicial Expertise 2012;

- 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.

(Clause 1, Article 10 of the Law on Judicial Expertise 2012, as amended by Clause 6, Article 1 of the Law on Judicial Expertise amended in 2020)

2. Dossier to request the dismissal of judicial assessors in the field of agriculture and rural development in Vietnam

A dossier to request the dismissal of judicial assessors in the field of agriculture and rural development, including:

- A written request from a competent agency or organization for the dismissal of a judicial expert;

- Documents and papers demonstrating that the judicial expert falls into one of the cases specified in Clause 1 and Article 10 of the Law on Judicial Expertise 2012, as amended and supplemented by the provisions of the Law on Judicial Expertise amended in 2020, or an application for dismissal of a judicial expert approved by the direct management agency or organization.

3. Procedures for dismissal of judicial experts in the field of agriculture and rural development in Vietnam

* Dismissal and withdrawal of judicial expertise cards at the Ministry of Agriculture and Rural Development:

- Heads of agencies and units under the Ministry of Agriculture and Rural Development shall have to compile dossiers of requests for dismissal of judicial assessors under their management and collect judicial assessor cards of persons eligible for dismissal from duty. request for dismissal sent to the Legal Department;

- The Director of the Legal Department is responsible for receiving and examining applications for dismissal of judicial assessors and submitting them to the Minister of Agriculture and Rural Development, in collaboration with the Director of the Organization and Personnel Department.

- The Minister of Agriculture and Rural Development must issue a decision on the dismissal of a judicial expert and the revocation of the judicial expert's card within 10 days of receiving a complete dossier.

- The Legal Department shall revoke the judicial assessor's card, adjust the list of judicial experts on the website of the Ministry of Agriculture and Rural Development, and send it to the Ministry of Justice.

* Dismissal and withdrawal of judicial expertise cards in the field of agriculture and rural development in the locality:

- Heads of agencies and units shall compile dossiers of requests for dismissal of judicial experts under their management, collect judicial assessor cards of persons proposed to be relieved of duty, and send them to the Department of Agriculture and Rural Development;

- The director of the Department of Agriculture and Rural Development shall bear primary responsibility for receiving and examining applications for dismissal of judicial assessors; coordinating with the director of the Department of Justice in submitting for consideration and decision to the president of the People's Committee of the province on the dismissal of a judicial expert and the revocation of a judicial expert's card;

- Within 10 days of receiving the complete and valid dossier, the President of the People's Committee of the province must issue a decision dismissing the judicial expert and revoking the judicial expert's card.

- The Department of Agriculture and Rural Development shall collaborate with the Department of Justice in revoking judicial assessor cards, updating the list of judicial assessors, and posting them on the People's Committee of Vietnam, Ministry of Justice, and Ministry of Agriculture and Rural Development portals.

Circular 20/2022/TT-BNNPTNT takes effect on February 20, 2023, and replaces Circular 49/2014/TT-BNNPTNT.

Diem My

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