New: Supplementing 03 cases of dismissal of judicial experts in Vietnam

A judicial expert shall be dismissed from his/her duty in cases specified in the Law on Judicial Expertise 2012 of Vietnam. However, according to the Amending Law on Judicial Expertise 2020, there are 03 additional cases of dismissal of judicial experts.

miễn nhiệm giám định viên tư pháp, Luật Giám định tư pháp sửa đổi 2020

Specifically, according to Clause 6 Article 1 of the Amending Law on Judicial Expertise 2020 of Vietnam, 03 additional cases of dismissal of judicial experts are:

- 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;

- 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.

Moreover, still dismissing judicial experts at the request of judicial experts as previously prescribed, however, 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.

Thus, from January 01, 2021, there are 07 cases of dismissal of judicial experts in Vietnam. Judicial experts should pay attention to these cases to ensure the discharge of duty in accordance with current law. 

View more details at the Amending Law on Judicial Expertise 2020 of Vietnam, effective from January 01, 2021.

Thu Ba

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