Procedure for appointing judicial experts in the field of planning and investment in Vietnam from February 15, 2025

Procedure for appointing judicial experts in the field of planning and investment in Vietnam from February 15, 2025
Le Truong Quoc Dat

The Minister of Planning and Investment of Vietnam promulgates Circular 28/2024/TT-BKHDT dated December 31, 2024, providing guidance on the content of judicial expertise in the field of planning and investment.

Procedure for appointing judicial experts in the field of planning and investment in Vietnam from February 15, 2025

The sequence for the appointment of judicial experts in the field of planning and investment is as follows:

- Sequence and procedures for appointing judicial experts at the Ministry of Planning and Investment:

+ The Legal Affairs Department sends a written request to the affiliated agencies and units under the Ministry of Planning and Investment to select individuals meeting the standards stipulated in Article 3 of Circular 28/2024/TT-BKHDT;

+ The head of the agency or unit under the Ministry of Planning and Investment selects individuals meeting the standards stipulated in Article 3 of Circular 28/2024/TT-BKHDT, prepares one (1) appointment dossier of judicial expert as prescribed in Clause 1, Article 4 of Circular 28/2024/TT-BKHDT and sends it to the Personnel Department;

+ Within 20 days from the date of receiving the valid dossier as stipulated in Clause 1, Article 4 of Circular 28/2024/TT-BKHDT and meeting the standards stipulated in Article 3 of Circular 28/2024/TT-BKHDT, the Personnel Department shall take the lead, cooperate with the Legal Affairs Department to review the dossier and submit it to the Minister of Planning and Investment to decide on the appointment and issuance of the judicial expert card. In case of refusal of appointment, the Personnel Department shall reply in writing and clearly state the reasons to the agency or unit requesting the appointment of judicial experts;

+ Based on the decision to appoint the judicial expert, the Personnel Department compiles a list of judicial experts and sends it to the Information Technology and Digital Transformation Center for posting on the Ministry of Planning and Investment's electronic portal and sends it to the Ministry of Justice for inclusion in the common list as prescribed.

- Sequence and procedures for appointing judicial experts in localities:

The Department of Planning and Investment cooperates with the Department of Justice to review and select individuals meeting the standards stipulated in Article 3 of Circular 28/2024/TT-BKHDT, prepares dossiers as prescribed in Article 8 of the Law on Judicial Expertise 2012 (amended 2020) and submits them to the Chairman of the Provincial People's Committee (hereinafter collectively referred to as provincial level) for consideration and decision on the appointment of judicial experts in the field of planning and investment within the local management authority.

The list of judicial experts is posted on the electronic portal of the provincial People's Committee and the Department of Planning and Investment, simultaneously sent to the Ministry of Planning and Investment and the Ministry of Justice for inclusion in the overall list of judicial experts as prescribed.

More details can be found in Circular 28/2024/TT-BKHDT effective from February 15, 2025, replacing Circular 07/2014/TT-BKHDT and Circular 12/2015/TT-BKHDT.

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