Chapter II
JUDICIAL EXPERTS
Article 7. Criteria for appointment of judicial experts
1. A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:
a/ Being physically fit and having good moral qualities;
b/ 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;
c/ 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.
2. The following persons may not be appointed as judicial experts:
a/ Those who have lost their civil act capacity or have a limited civil act capacity;
b/ 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;
c/ Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.
3. Ministers and heads of ministerial-level agencies shall detail Clause 1 of this Article regarding judicial experts in the areas under their management after reaching agreement with the Minister of Justice.
Article 8. Dossier of proposal for appointment of a judicial expert
1. A written request for appointment of a judicial expert.
2. A copy of a university or higher degree in a major relevant to the professional area in which the candidate is expected to work.
3. The resume and judicial record of the candidate.
4. A written certification of the period of performing practical professional activities, granted by the agency or organization in which the candidate works.
5. A certificate of judicial expertise training or retraining, for a person proposed to be appointed as a judicial expert in forensic medicine, psychiatric forensic medicine or criminological techniques.
6. Other papers evidencing that the candidate satisfies the criteria prescribed by the minister or head of ministerial-level agency competent to manage the field of expertise.
Article 9. Competence, order and procedures for appointment of judicial experts
1. The Minister of Health may appoint forensic medicine and psychiatric forensic medicine experts to work in central agencies.
The Minister of Public Security may appoint criminological technique experts to work in central agencies.
Ministers and heads of ministerial-level agencies may appoint judicial experts in other areas to work in central agencies under their management.
Chairpersons of People's Committees of provinces or centrally run cities (below collectively referred to as provincial-level People's Committees) may appoint local judicial experts.
2. The Ministry of National Defense and the Ministry of Public Security shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law and propose the Minister of Health to appoint them as their own forensic medicine experts.
The Ministry of National Defense shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law and propose the Minister of Public Security to appoint them as its own criminological technique experts.
Heads of units of ministries or ministerial-level agencies assigned to manage judicial expertise activities shall select persons satisfying the criteria specified in Clause 1, Article 7 of this Law and propose ministers or heads of ministerial-level agencies to appoint them as judicial experts in the areas of expertise under their respective management.
Heads of specialized agencies of provincial-level People's Committees in charge of judicial expertise shall assume the prime responsibility for, and coordinate with directors of provincial-level Service of Justices in, selecting persons satisfying the criteria specified in Clause 1, Article 7 of this Law, receiving dossiers of persons proposed to be appointed as judicial experts as specified in Article 8 of this Law, and proposing chairpersons of provincial-level People's Committees to appoint local judicial experts.
Within 20 days after receiving a valid dossier, a minister, head of a ministerial-level agency or chairperson of a provincial-level People's Committee shall decide to appoint a judicial expert. In case of refusal, he/she shall notify such in writing to the applicant, clearly stating the reason.
3. Ministries, ministerial-level agencies and provincial-level agencies shall make lists of judicial experts and post them on their websites, and concurrently send them to the Ministry of Justice for making a general list of judicial experts.
Article 10. Dismissal of judicial experts
1. Cases in which a judicial expert shall be dismissed from his/her duty:
a/ He/she no longer satisfies the criteria specified in Clause 1, Article 7 of this Law;
b/ He/she falls into a case specified in Clause 2, Article 7 of this Law;
c/ He/she is disciplined with caution or a higher penalty or is administratively sanctioned for an intentional violation of the law on judicial expertise;
d/ He/she commits an act specified in Article 6 of this Law;
e/ He/she so requests, in case he/she is a civil servant, public employee, army officer, people's public security officer, professional soldier or defense worker having a decision on job leaving for retirement or resignation.
2. A dossier of request for dismissal a judicial expert from his/her duty comprises:
a/ A written request for dismissal from duty of a judicial expert, made by the agency or organization that has proposed the appointment of such person;
b/ Documents or papers evidencing that the judicial expert falls into a case specified in Clause 1 of this Article.
3. The Minister of Public Security and the Minister of National Defense shall consider and request the Minister of Health to dismiss forensic medicine experts from duty under their management.
The Minister of National Defense shall consider and request the Minister of Public Security to dismiss criminological technique experts from duty under his/her management.
Ministers and heads of ministerial-level agencies may dismiss from duty judicial experts working in central agencies in the aeas under their respective management at the request of heads of units of their ministries or ministerial-level agencies in charge of judicial expertise activities.
Chairpersons of provincial-level People's Committees may dismiss from duty local judicial experts at the request of heads of specialized agencies of their People's Committees after the latter reach agreement with directors of provincial-level Service of Justices.
4. Within 10 days after receiving a valid dossier, a minister, head of a ministerial-level agency or chairperson of a provincial-level People's Committee shall consider and decide to dismiss from duty a judicial expert and modify the list of judicial experts on its website, and concurrently send such dossier to the Ministry of Justice for modification of the general list of judicial experts.
Article 11. Rights and obligations of judicial experts
1. Performng expertise according to the solicitation or request of expertise solicitors or requesters or the assignment by agencies or institutions solicited or requested to perform expertise.
2. Refusing to perform expertise in case the contents to be expertised fall beyond their professional capacity; objects to be expertised and relevant documents are insufficiently supplied or invalid for making expertising conclusions; the time is not enough for performing expertise or there is another plausible reason. In case of refusal to perform expertise, to notify the refusal in writing to the expertise solicitor or requester within 5 working days after receiving a decision to solicit or request expertise.
3. Attending expertise retraining courses for improving their professional skills and legal knowledge.
4. Establishing judicial expertise offices when fully satisfying the conditions specified in Article 15 of this Law.
5. Establishing or joining judicial experts' associations in accordance with the law on associations.
6. Enjoying regimes and policies provided in this Law and other relevant laws.
7. Having other rights and obligations specified in Article 23 and Clause 1, Article 34 of this Law.
Tìm kiếm
Luật giám định tư pháp 2012 (Bản Word)
Luật giám định tư pháp 2012 (Bản Pdf)