04 cases of evocation of Certificate of operation registration of the judicial expertise Office in Vietnam

04 cases of evocation of Certificate of operation registration of the judicial expertise Office in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is judicial expertise office?

Judicial expertise offices are non-public judicial expertise institutions established in the areas of finance, banking, construction, antiques, relics and copyright.

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.

(Article 14 of the Law on Judicial Expertise 2012)

2. 04 cases of evocation of Certificate of operation registration of the judicial expertise Office in Vietnam

According to Clause 1, Article 20 of Decree 85/2013/ND-CP, the judicial expertise Office is revoked its Certificate of operation registration in one of the following cases:

(1) There are enough judicial experts as prescribed;

(2) Performing judicial expertise improperly with the registered areas;

(3) Seriously violating the law or being sanctioned with administrative violation for the second time but still doing it again.

(4) Other cases as prescribed by law.

3. Conditions for establishment of judicial expertise offices in Vietnam

According to Article 15 of the Law on Judicial Expertise 2012 (amended 2020), 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.

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.

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

4. Rights and obligations of the judicial expertise Office in Vietnam

Specifically, Article 18 of Decree 85/2013/ND-CP, rights and obligations of the judicial expertise Office are as follows:

- The judicial expertise Office has the right:

+ To hire judicial experts and employees to work for the Office;

+ To collect payment of judicial expertise as prescribed by law.

+ To perform extrajudicial services at the request of individuals and organization;

+ To enjoy preferential policies on tax under the provisions of Article 22 of Decree 85/2013/ND-CP.

- The judicial expertise Office has the obligations:

+ To publicize the charge of judicial expertise;

+ To implement regulations on social insurance and health insurance for employees of the Office as prescribed by law;

+ To comply with regulations of law on labor, tax, finance, statistics, and comply with the requirements of competent state authorities on examination and inspection;

+ To make annual report to Service of Justice and specialized agencies under provincial-level People’s Committee on organization and operation of judicial expertise

+ To make payment of operation fee by the fee rate of enterprise’s business registration and in accordance with relevant laws.

- The rights and obligations as prescribed, of the Law on judicial expertise, procedural law and other regulations of relevant laws.

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