Chapter III
JUDICIAL EXPERTISE INSTITUTIONS
Section 1: PUBLIC JUDICIAL EXPERTISE INSTITUTIONS
Article 12. Public judicial expertise institutions
1. Public judicial expertise institutions may be established by competent state agencies in the areas of forensic medicine, psychiatric forensic medicine and criminological techniques.
In case of necessity, ministers, heads of ministerial-level agencies or chairpersons of provincial-level People's Committees may consider and decide to establish or propose competent agencies to establish public judicial expertise institutions in other areas after reaching agreement with the Minister of Justice.
2. Public judicial expertise institutions in forensic medicine include:
a/ The National Institute of Forensic Medicine under the Ministry of Health;
b/ Provincial-level forensic medicine centers;
c/ The Army Institute of Forensic Medicine under the Ministry of National Defense;
d/ The Forensic Medicine Center of the Criminological Institute, the Ministry of Public Security.
3. Public judicial expertise institutions in psychiatric forensic medicine include:
a/ The Central Institute of Psychiatric forensic medicine under the Ministry of Health;
b/ Regional psychiatric forensic medicine centers under the Ministry of Health.
Based on psychiatrically forensic expertise requirements of legal proceedings and practical conditions of regions and areas nationwide, the Minister of Health shall consider and decide to establish regional psychiatric forensic medicine centers after reaching agreement with the Minister of Justice.
4. Public judicial expertise institutions in criminological techniques include:
a/ The Criminological Science Institute under the Ministry of Public Security;
b/ Criminological technique Division of provincial-level Police Departments;
c/ The Criminological Technique Expertise Division of the Ministry of National Defense.
5. Based on local needs and practical conditions, the criminological technique sections of provincial-level Police Departments may have forensic medicine experts to perform forensic examination of corpses.
6. Public judicial expertise institutions have their own seals and accounts in accordance with law.
7. The Government shall stipulate in detail the functions, tasks, organizational structure and working regulation of public judicial expertise institutions specified in this Article.
Article 13. Ensuring physical foundations for public judicial expertise institutions
1. Public judicial expertise institutions have their physical foundations, operation funds, equipment, facilities, means and other necessary conditions provided by the State to perform judicial expertise.
2. Public judicial expertise institutions have their operation funds allocated from the state budget and other sources in accordance with law.
3. The Ministry of Health shall stipulate physical foundations and expertise equipment, facilities and means for public judicial expertise institutions in the areas of forensic medicine and psychiatric forensic medicine.
The Ministry of Public Security shall stipulate physical foundations and expertise equipment, facilities and means for public judicial expertise institutions in the area of criminological techniques.
Section 2: NON-PUBLIC JUDICIAL EXPERTISE INSTITUTIONS
Article 14. Judicial expertise offices
1. Judicial expertise offices are non-public judicial expertise institutions established in the areas of finance, banking, construction, antiques, relics and copyright.
2. A judicial expertise office established by one judicial expert shall be organized and operate as a private enterprise. A judicial expertise office established by two or more judicial experts shall be organized and operate as a partnership.
The legal representatives of judicial expertise offices are their heads, who must be judicial experts.
Article 15. Conditions for establishment of judicial expertise offices
1. A judicial expert may establish a judicial expertise office when fully satisfying the following conditions:
a/ Having worked as a judicial expert for at least 5 full years in the field in which he/she wishes to establish a judicial expertise office;
b/ Having an establishment scheme specified at Point d, Clause 2, Article 16 of this Law.
2. Cadres, civil servants, public employees, army officers, people's public security officers, professional soldiers and defense workers are prohibited from establishing judicial expertise offices.
Article 16. Licensing of establishment of judicial expertise offices
1. Chairpersons of provincial-level People's Committees of localities in which judicial expertise offices are expected to be located shall consider and decide to license the establishment of such judicial expertise offices at the request of directors of provincial-level Service of Justices.
2. A judicial expert who applies for a license to establish a judicial expertise office shall send a dossier of application to the provincial-level Service of Justice. Such a dossier comprises:
a/ An application for a license;
b/ A copy of the decision on appointment of the judicial expert;
c/ The draft regulation on organization and operation of the judicial expertise office;
d/ The judicial expertise office establishment scheme, which must clearly state the establishment purpose(s); projected name, personnel and location of the office; conditions of physical foundations and expertise equipment, facilities and means as specified by the ministry or ministerial-level agency in charge of the relevant expertise field and implementation plan.
3. Within 30 days after receiving a complete and valid dossier of application for a license to establish a judicial expertise office, the director of the provincial-level Service of Justice shall examine such dossier and reach agreement with the head of the specialized agency of the provincial-level People's Committee in charge of judicial expertise, then submit it to the chairperson of the provincial-level People's Committee for consideration and decision.
Within 15 days after receiving a dossier from the provincial-level Service of Justice, the chairperson of the provincial-level People's Committee shall consider and decide to license the establishment of the judicial expertise office. In case of refusal to license, he/she shall notify such in writing, clearly stating the reason. The refused applicant may file a complaint or institute a lawsuit in accordance with law.
Article 17. Operation registration of judicial expertise offices
1. Within one year after the chairperson of the provincial-level People's Committee decides to license its establishment, a judicial expertise office shall register its operation with the provincial-level Service of Justice.
The decision licensing the establishment of a judicial expertise office shall be invalidated if such judicial expertise office fails to register its operation within one year after the chairperson of the provincial-level People's Committee issues such decision.
2. A judicial expertise office shall send to the provincial-level Service of Justice a dossier for operation registration which comprises:
a/ An application for operation registration;
b/ Its organization and operation regulation;
c/ Papers evidencing its satisfaction of the operation conditions according to the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law;
d/ A copy of the establishment licensing decision.
3. Within 30 days after receiving a complete and valid dossier, the provincial-level Service of Justice shall assume the prime responsibility for, and coordinate with the specialized agency of the provincial-level People's Committee in charge of judicial expertise in, inspecting the satisfaction of the conditions stated in the establishment scheme mentioned at Point d, Clause 2, Article 16 of this Law, and granting an operation registration certificate. In case of refusal, it shall notify such in writing, clearly stating the reason, and concurrently report such to the chairperson of the provincial-level People's Committee for consideration and decision to revoke the establishment licensing decision. The refused applicant may file a complaint or initiate a lawsuit in accordance with law.
4. A judicial expertise office may commence its operation after receiving an operation registration certificate.
Tìm kiếm
Luật giám định tư pháp 2012 (Bản Word)
Luật giám định tư pháp 2012 (Bản Pdf)