Cases of dismissal of judicial experts in Vietnam

Cases of dismissal of judicial experts in Vietnam

Pursuant to the provisions of Clause 1, Article 10 of the Law on Judicial Expertise 2012 (amended 2020), cases of dismissal of judicial experts 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.

Cases of dismissal of judicial experts in Vietnam (Internet image)

Request documentation for dismissal of a judicial expert in Vietnam

Pursuant to the provisions of Clause 2, Article 10 of the Law on Judicial Expertise 2012 (amended 2020), request documentation for dismissal of a judicial expert, including:

- Written request for dismissal of a judicial expert, made by the judicial expert's supervisory body or organization, or application form for dismissal of a judicial expert;

- Written document or paper proving that the judicial expert falls into one of the cases prescribed in Clause 1 of Article 10 of the Law on Judicial Expertise 2012 (amended 2020).

he Minister of Public Security and the Minister of National Defense shall consider requesting the Minister of Health to issue their decision to dismiss the forensic expert under their management.

The Minister of National Defense and the Chief Procurator of the Supreme People’s Procuracy shall consider requesting the Minister of Public Security to issue their decision to dismiss the criminal expert under their management.

Ministers and Heads of ministerial-level bodies can dismiss judicial experts operating at central authorities in the area of judicial expertise under their management at the request of Heads of units under the control of ministries or ministerial-level bodies assigned to manage judicial expertise activities.

Presidents of provincial People's Committees can dismiss local judicial experts at the request of heads of specialized authorities affiliated to provincial People's Committees in charge of the area of judicial expertise judicial expertise after obtaining unanimous opinions from the Director of the Department of Justice.

Within 10 days after receipt of the submitted request or petition documentation, Ministers, Heads of ministerial-level bodies or Presidents of provincial People's Committees shall consider issuing their decision to dismiss judicial experts, withdrawing or revoking judicial expert’s identity cards and revising the list of judicial experts on the web portals of ministries, ministerial-level bodies or provincial People's Committees as well as sending the revised list to help the Ministry of Justice to adjust the general list of judicial experts.

Mai Thanh Loi

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