Guidelines on receiving requests for solicitation, judicial expertise in the field of education and training in Vietnam

Guidelines on receiving requests for solicitation, judicial expertise in the field of education and training in Vietnam

The process of receiving requests for solicitation, judicial expertise in the field of education and training in Vietnam is as follows:

- For solicitation requests sent to the Ministry of Education and Training:

+ The procedure for receiving solicitation requests for judicial expertise is conducted in the same manner as receiving documents sent to the Ministry of Education and Training by various agencies, organizations, and individuals, in accordance with the regulations on clerical work and archiving of the Ministry of Education and Training;

+ The Department of Legal Affairs is responsible for selecting and proposing to the Minister the assignment of tasks to the relevant specialized units in accordance with the content of the solicitation request for assessment; in cases where the request content involves multiple specialized units, they must clearly propose the leading unit and coordinating unit to receive and handle the solicitation request;

+ The designated specialized unit is responsible for leading and cooperating with related units to specifically study and advise on the receipt of the solicitation request for assessment; in case of accepting the solicitation request, a draft document appointing the person to perform the assessment must be attached.

- For solicitation requests sent directly to specialized units under the Ministry of Education and Training or organizations designated for judicial expertise by case:

Based on the content of the solicitation request for assessment, the head of the specialized unit under the Ministry of Education and Training, and the head of the organization designated for judicial expertise by case have the responsibility to assign judicial assessors, persons conducting judicial expertise by case, who fit the nature of the solicitation request for assessment.

- In cases where judicial expertise is explicitly requested, the judicial assessor, or person conducting judicial expertise by the case, is to take the request and report to the head of the managing authority or organization to facilitate the assessment.

- The direct delivery and receipt of files or subjects of solicitation requests for assessment must be documented as per the provisions of Clause 2, Article 27 of the Law on judicial expertise 2012.

- Agencies, units, organizations, or individuals specified in Clauses 1, 2, and 3, Article 10 of Circular 16/2024/TT-BGDDT have the right to refuse to receive or conduct judicial expertise in cases stipulated in Clause 2, Article 11, Point b, Clause 1, Article 24, and Article 34 of the Law on judicial expertise 2012 (amended 2020) or where the nature of the solicitation request does not fall within the scope of judicial expertise activities in the educational and training field as prescribed in Article 3 of Circular 16/2024/TT-BGDDT. Any refusal to accept or assess must be documented in writing with a clear rationale for the refusal.

Circular 16/2024/TT-BGDDT shall come into force on January 6, 2025.

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