08 new highlights of the Amending Law on Judicial Expertise 2020 of Vietnam

1. The Supreme People’s Procuracy shall conduct the judicial expertise on electronic audiovisual data

Specifically, according to Clause 8 Article 1 of the Amending Law on Judicial Expertise 2020 amending and supplementing Clauses 4 and 5 Article 12 of the Law on Judicial Expertise 2012 of Vietnam:

4. Public providers of criminal technical expertise service, including:

…

d) Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy.

Thus, the Amending Law on Judicial Expertise 2020 supplements the “Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy” to the list of public providers of criminal technical expertise service from January 01, 2021.

Moreover, this Law also regulates that “Bureau of Criminal Justice Technology and Expertise controlled by the Supreme People’s Procuracy shall conduct the judicial expertise on electronic audiovisual data. Based on actual needs and conditions of specific localities, Criminal Justice Technology Divisions controlled by provincial Departments of Public Security shall assign forensic experts to provide forensic expertise service.”

The Chief Procurator of the Supreme People's Procuracy shall lay down regulations on the functions, tasks and organizational structure of the Bureau of Criminal Justice Technology and Expertise of the Supreme People's Procuracy, and submit these regulations to the National Assembly’s Standing Committee to seek their ratification and approval.

3. Amending the dossier of proposal for appointment of a judicial expert

Specifically, according to Clause 4 Article 1 of the Amending Law on Judicial Expertise 2020 amending and supplementing Clauses 1 and 3 Article 8 of the Law on Judicial Expertise 2012 of Vietnam, from January 01, 2021, the dossier of proposal for appointment of a judicial expert shall include:

- The written request for appointment of a judicial expert made by a jurisdictional authority or organization stipulated in clause 2 of Article 9 herein, or the petition for appointment as a judicial expert submitted by an individual who used to be a judicial expert but is dismissed due to his/her retirement or resignation to establish his/her judicial expertise office; (currently, it is regulated a written request for appointment of a judicial expert)

- A copy of a university or higher degree in a major relevant to the professional area in which the candidate is expected to work;

- The resume and judicial record. If the candidate or applicant for being appointed as a judicial expert is a public official or employee, an officer of the army or people's police force, or a professional serviceman or a defense worker, no judicial record will not be required. (currently, it is regulated the resume and judicial record of the candidate)

- A written certification of the period of performing practical professional activities, granted by the agency or organization in which the candidate works;

- A certificate of judicial expertise training or retraining, for a person proposed to be appointed as a judicial expert in forensic medicine, psychiatric forensic medicine or criminological techniques;

- Other papers evidencing that the candidate satisfies the criteria prescribed by the minister or head of ministerial-level agency competent to manage the field of expertise.

3. Grant of the judicial expert’s identity card

Specifically, according to Point c Clause 5 Article 1 of the Amending Law on Judicial Expertise 2020 adding Clause 4 below Clause 3 Article 9 of the Law on Judicial Expertise 2012 of Vietnam, from January 01, 2021, a person appointed as a judicial expert shall be granted the judicial expert’s identity card.

Persons authorized to appoint judicial experts shall be accorded authority to issue or re-issue judicial expert’s identity cards. Card samples, processes and procedures for issuance and re-issuance of judicial expert's identity card shall comply with regulations of the Minister of Justice.

4. The time limit for judicial expertise shall not exceed 04 months

Specifically, according to the Amending Law on Judicial Expertise 2020 of Vietnam, the time limit for judicial expertise shall start from the date on which the individual or organization solicited for judicial expertise receives the decision to solicit expertise service, enclosing all documents and information about the subjects of judicial expertise, other information, documents, objects or specimens needed for judicial expertise.

In the course of implementation of judicial expertise, if it is necessary to provide additional documents and records that serve as a basis for the judicial expertise, the person or organization solicited to provide judicial expertise shall request the person soliciting the judicial expertise in writing to provide additional documents and records. The period from the date on which an individual or organization solicited for judicial expertise makes a written request to the date of receipt of additional documents and records shall not be part of the time limit for judicial expertise.

Besides, according to Clause 16 Article 1 of the Amending Law on Judicial Expertise 2020 adding Article 26a under Article 26 of the Law on Judicial Expertise 2012 of Vietnam:

“Article 26a. Time limit for providing judicial expertise service in case of soliciting for judicial expertise

…

3. The maximum time limit for judicial expertise for the case not prescribed in clause 2 of this Article shall be 3 months. If a matter subject to judicial expertise has complicated property or large workload, the maximum time limit for that judicial expertise shall be 04 months.”

It can be seen that the maximum time limit for judicial expertise for the cases  in which the solicitation of judicial expertise is not required shall be 3 months. If a matter subject to judicial expertise has complicated property or large workload, the maximum time limit for that judicial expertise shall be 04 months.

5. Loosening conditions for opening a judicial expertise office

Specifically, according to the Amending Law on Judicial Expertise 2020 of Vietnam, a judicial expert may establish a judicial expertise office when fully satisfying the following 02 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 clearly stating 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.

Currently, according to Clause 1 Article 15 of the Law on Judicial Expertise 2012 of Vietnam, a judicial expert may establish a judicial expertise office if he/she has worked as a judicial expert for at least 5 full years in the field in which he/she wishes to establish a judicial expertise office.

Thus, from January 01, 2021, when the Amending Law on Judicial Expertise 2020 of Vietnam takes effect, the conditions for establishment of judicial expertise offices will be loosened.

6. Supplementing cases of dismissal of judicial experts

Specifically, in addition to cases of dismissal of judicial experts according to current regulations, the Amending Law on Judicial Expertise 2020 of Vietnam has supplemented cases of dismissal of judicial experts as follows:

- 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; (according to current regulations, in case he/she is a civil servant, public employee, army officer, people's public security officer, professional soldier or defense worker having a decision on job leaving for retirement or resignation)

- 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.

7. The state budget will pay part of the judicial expertise fee

Specifically, according to Clause 20 Article 1 of the Amending Law on Judicial Expertise 2020 of Vietnam, funding for payment of judicial expertise costs and expenses for which competent procedural authorities are liable shall be provided from the state budget according to their annual estimates of budget for the performance of judicial expertise tasks.

8. Supplementing the regime for judicial experts and participants in judicial expertise

Specifically, according to Clause 20 Article 1 of the Amending Law on Judicial Expertise 2020 adding Clause 1a after Clause 1 Article 37 of the Law on Judicial Expertise 2012 of Vietnam, from January 01, 2021, the regime for judicial experts and participants in judicial expertise is prescribed as follows:

- The judicial expertise carried out by civil servants, officers, military officers, people's police officers, professional servicemen and defense workers shall be deemed as an official duty. Directly supervisory authorities and organizations shall be responsible for ensuring the provision of enough time, equipment, facilities and other conditions necessary for conducting the judicial expertise. Persons carrying out the judicial expertise activity shall be entitled to allowances and benefits under laws.

- Judicial experts who are not paid salaries, or wages by the state budget or organizations conducting subject-matter judicial expertise that are not funded by the State shall handle and carry out the judicial expertise under the agreement with the person soliciting or petitioning the judicial expertise.

- Judicial experts, ad hoc judicial expertise performers, assistants of judicial expertise performers who are paid salary by the state budget, persons assigned by competent state agencies to be present or perform duties during the period of expertise in case of post-mortem examina­tion, autopsy or exhumation of dead bodies are entitled to a judicial expertise allowance based on cases or matters subject to expertise.

Le Vy

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