Requests for judicial expertise in civil cases or matters, administrative cases or criminal cases in Vietnam

Requests for judicial expertise in civil cases or matters, administrative cases or criminal cases in Vietnam (Internet image) 

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

1. Requests for judicial expertise in civil cases or matters, administrative cases or criminal cases in Vietnam

Requests for judicial expertise in civil cases or matters, administrative cases or criminal cases in Vietnam according to Article 26 of the Law on Judicial Expertise 2012 are as follows:

- Expertise requesters shall send to individuals or institutions performing expertise written requests for expertise enclosed with objects to be expertised, relevant documents and objects (if any) and copies of papers evidencing that they are involved parties in civil cases or matters or administrative cases, civil plaintiffs or respondents, persons with related rights and obligations in criminal cases or their lawful representatives.

- A written request for judicial expertise must contain the following details:

+ Name of the institution or full name of the requester;

+ Contents requested for expertise;

+ Name and characteristics of the expertised object(s);

+ Title(s) of related document(s) or enclosed sample(s) for comparison (if any);

+ Date of request for expertise and time limit for notification of expertising conclusions;

+ Signature and full name of the expertise requester.

2. Cases ineligible for performing judicial expertise in Vietnam

Cases ineligible for performing judicial expertise in Vietnam according to Article 34 of the Law on Judicial Expertise 2012 are as follows:

- A person who falls into any of the following cases may not perform judicial expertise:

+ Any of the cases prescribed by the procedure law in which he/she must refuse to participate in the procedure or must be changed;

+ He/she is invited to perform re-expertise of the same content in a case or matter for which he/she has performed expertise, unless otherwise provided by law.

- An institution which falls into any of the following cases may not perform judicial expertise:

+ It has rights or obligations related to the case or matter in accordance with the procedure law;

+ There is a clear ground to believe that it may not be objective and impartial in performing expertise.

3. Criteria for appointment of judicial experts in Vietnam

Criteria for appointment of judicial experts according to Article 7 of the Law on Judicial Expertise 2012 are as follows:

- A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:

+ Being physically fit and having good moral qualities;

+ Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained area for at least 5 years;

In case a person, who is proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques, has worked as an expertise assistant in a forensic medicine, psychiatric forensic medicine or criminological technique institution, his/her period of practical professional activities must be at least 3 years in full;

+ Possessing a certificate of judicial expertise training or retraining, for a person proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques.

- The following persons may not be appointed as judicial experts:

+ Those who have lost their civil act capacity or have a limited civil act capacity;

+ Those who are currently examined for penal liability; those who have been convicted for unintentionally committing a crime or intentionally committing a less serious crime and their criminal record has not been remitted; those who have been convicted for intentionally committing a serious crime, very serious crime or particularly serious crime;

+ Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.

- Ministers and heads of ministerial-level agencies shall detail Clause 1 of Article 7 of the Law on Judicial Expertise 2012 regarding judicial experts in the areas under their management after reaching agreement with the Minister of Justice.

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