Process of judicial expertise in the field of transportation in Vietnam

Process of judicial expertise in the field of transportation in Vietnam
Trần Thanh Rin

What are the regulation on the process of judicial expertise in the field of transportation in Vietnam?– Hai Duong (Lam Dong)

Process of judicial expertise in the field of transportation in Vietnam

Process of judicial expertise in the field of transportation in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Time limit for judicial expertise in the field of transportation in Vietnam

Specifically, in Article 13 of Circular 07/2021/TT-BGTVT, the time limit for judicial expertise in the field of transport in Vietnam is as follows:

- The maximum time limit for judicial expertise in the field of transport is 3 months.

In cases where the assessment case is complicated in nature or has a large workload, the maximum time limit for assessment is 04 months.

This assessment period may be extended according to the decision of the expertise soliciting agency, but not exceeding one-half of the maximum assessment time limit as prescribed above.

- In case a problem arises or there is a basis to believe that the assessment cannot be completed on time,
the individual or organization performing the assessment must promptly notify the person soliciting the assessment in writing, clearly stating the reason and the expected time of completion and issuance of assessment conclusions.

2. Process of judicial expertise in the field of transportation in Vietnam

According to Article 10 of Circular 07/2021/TT-BGTVT, the process of judicial expertise in the field of transport in Vietnam is carried out through the following steps:

Step 1: Receipt of solicitation and assessment object

- Individuals and organizations solicited for expertise shall receive the expertise solicitation together with dossiers and objects of solicitation.
to conduct expertise, except for cases where they are entitled to refuse expertise, in cases where they are not allowed to conduct judicial expertise according to the provisions of the Law on Judicial Expertise 2012 (amended 2020);

- The delivery and receipt of dossiers and objects of expertise solicitation must be recorded in writing according to the form in Appendix I issued together with Circular 07/2021/TT-BGTVT and comply with the provisions of Article 27 of the Law on Judicial Expertise 2012.

Only receive valid appraisal solicitation documents, the right subjects to be solicited;

- When receiving the object to be assessed, related documents, or enclosed comparative samples (if any) in sealed condition, the seal must be checked before opening. The process of opening the seal must be performed in the presence of the person performing the assessment; experts, solicitors, and witnesses (if any).

All information and developments related to the sealing process must be recorded in the minutes and signed by the participants and witnesses according to the form in Appendix II issued together with Circular 07/2021/TT-BGTVT.

Step 2: Preparing for inspection

- Organizations that are solicited for expertise shall, based on the application for expertise solicitation, assign and appoint persons with professional qualifications and capabilities suitable to the solicited contents to conduct the expertise;

Assign a person to be responsible for coordinating the implementation of judicial expertise in cases where it is necessary to have 02 or more people carry out the expertise case; promulgate the Decision on conducting judicial expertise according to the form in Appendix III issued together with Circular 07/2021/TT-BGTVT;

- The solicited individual or organization conducts research into the referendum dossier and specific provisions of relevant laws in order to prepare for judicial expertise.

In case it is necessary to further clarify the contents of the solicitation of expertise and the subject of expertise, a written request shall be made to the solicitor to provide more relevant information and documents;

- In cases of necessity, the individual or organization that is solicited for judicial expertise shall organize the collection of test results or other professional conclusions before making the assessment.

Step 3: Carrying out the inspection

- The solicited organization or individual examines the object of expertise and related documents in order to conduct the expertise according to the solicited contents;

Judicial expertise performers shall promptly, fully, and truthfully record the entire assessment process and assessment results in writing and keep them in the expertise files.

The document recording the assessment process is made according to the form in Appendix IV issued together with Circular 07/2021/TT-BGTVT.

Step 4: Conclusion of the assessment

Based on judicial expertise results, test results, or other professional conclusions (if any) and relevant law provisions, the solicited organization or individual shall issue an expert opinion.

Assessment conclusions comply with the provisions of Article 32 of the Law on Judicial Assessment 2012 (amended 2020) and according to the form in Appendix V issued together with Circular 07/2021/TT-BGTVT.

Step 5: Hand over assessment conclusions

The solicited organization or individual shall hand over the assessment conclusion to the person soliciting the expertise.

Minutes of handover of assessment conclusions made according to the form in Appendix VI issued together with Circular 07/2021/TT-BGTVT.

Step 6: Make record, keep the assessment record

- Judicial expertise dossiers made by judicial expertise performers, including:

+ Decision to solicit expertise and attached documents (if any);

+ Minutes of handing over and receiving dossiers and subjects solicited for expertise;

+ A document recording the assessment process;

+ Photocopy of assessment (if any);

+ Conclusions of previous assessments or results of assessments; experiments conducted by other people (if any);

+ Assessment conclusions and other documents related to the entire process of carrying out assessment activities;

- Organizations that are entitled to solicit and conduct judicial expertise shall be responsible for preserving and archiving assessment dossiers conducted by judicial expertise experts of their organizations in accordance with the law on archives.

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