Chương IV Luật giám định tư pháp 2012: Người giám đinh tư pháp theo vụ việc, tổ chức giám định tư pháp theo vụ việc

Chapter IV

AD HOC JUDICIAL EXPERTISE PERFORMERS, AD HOC JUDICIAL EXPERTISE INSTITUTIONS

Article 18. Ad hoc judicial expertise performers

1. A Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following conditions may be selected as an ad hoc judicial expertise performer:

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 field for at least 5 years.

2. A person who possesses no university degree but has deep knowledge about and abundant experience in the field or expertise may be selected as an ad hoc judicial expertise performer.

3. Ad hoc judicial expertise performers shall perform expertise upon receiving an expertise solicitation or request in accordance with this Law. They have the rights and obligations provided in Clauses 1, 2, 3, 6 and 7, Article 1 of this Law.

Article 19. Ad hoc judicial expertise institutions

1. An ad hoc judicial expertise institution must satisfy the following conditions:

a/ Having the legal person status;

b/ Conducting professional activities suitable to the contents to be expertised as solicited or requested;

c/ Having sufficient professional personnel and physical foundations for judicial expertise.

2. Ad hoc judicial expertise institutions shall perform expertise upon receiving an expertise solicitation or request in accordance with this Law. Their heads shall receive and assign judicial expertise performers.

3. Ministries, ministerial-level agencies, government-attached agencies and specialized agencies of provincial-level People's Committees shall only perform judicial expertise upon receiving solicitations of expertise solicitors.

Article 20. Making and announcement of lists of ad hoc judicial expertise performers and ad hoc judicial expertise institutions

1. The Ministry of Construction, the Ministry of Finance, the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Transport, the Ministry of Science and Technology, the Ministry of Agriculture and Rural Development, the State Bank of Vietnam, other ministries and ministerial-level agencies and provincial-level People's Committees shall annually select, make and announce lists of ad hoc judicial expertise performers and ad hoc judicial expertise institutions in the areas under their respective management in order to meet expertise requirements of procedural activities.

These lists enclosed with information on expertise specialties, experience and capacity of ad hoc judicial expertise performers and ad hoc judicial expertise institutions shall be posted on the websites of ministries, ministerial-level agencies and provincial-level People's Committees, and concurrently sent to the Ministry of Justice for making a general list.

2. In special cases, expertise solicitors may solicit professionally qualified persons or institutions outside the announced lists to perform expertise, clearly stating the reason for solicitation.

At the request of procedure conducting agencies or persons, ministries, ministerial-level agencies and specialized agencies of provincial-level People's Committees managing the areas subject to expertise shall recommend individuals or institutions fully qualified for performing expertise outside the announced lists.