Vietnam: From January 01, 2021, 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.

On the other hand, in comparison with Article 208 of the Criminal Procedure Code 2015 of Vietnam, the maximum time limit for expertise in criminal proceedings shall not exceed 3 months. Thus, from January 01, 2021, the time limit for judicial expertise shall not exceed 04 months.

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

Thu Ba

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