Chương VII Luật giám định tư pháp 2012: Trách nhiệm của cơ quan nhà nước đối với tổ chức, hoạt động giám định tư pháp

Chapter VII

RESPONSIBILITIES OF STATE AGENCIES FOR JUDICIAL EXPERTISE ORGANIZATION AND ACTIVITIES

Article 39. Agencies in charge of state management of judicial expertise

1. The Government shall perform the uniform state management of judicial expertise.

2. The Ministry of Justice shall assist the Government in performing the uniform state management of judicial expertise.

3. The Ministry of Health; the Ministry of Public Security; the Ministry of National Defense; the Ministry of Finance; the Ministry of Construction; the Ministry of Culture, Sports and Tourism; 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, and other ministries and ministerial-level agencies shall perform the state management and take responsibility to the Government for judicial expertise organization and activities in the areas under their respective management; and coordinate with the Ministry of Justice in unifying the state management of judicial expertise.

4. Provincial-level People's Committees shall, within the ambit of their tasks and powers, perform the state management of judicial expertise in their localities.

Article 40. Tasks and powers of the Ministry of Justice

1. To promulgate or propose competent state agencies to promulgate legal documents on judicial expertise, and guide the implementation of these documents.

To assume the prime responsibility for elaborating and submitting to the Prime Minister strategy, master plan and plans on general development of judicial expertise; and coordinate with other ministries and ministerial-level agencies in elaborating the development strategy, master plan and plans for each field of judicial expertise.

2. To give written opinions on the establishment of public judicial expertise institutions falling under the deciding competence of line ministries and ministerial- level agencies or provincial-level People's Committees; in case of necessity, to propose ministries, ministerial-level agencies and provincial-level People's Committees to consider and establish public judicial expertise institutions to meet expertise requirements of procedural activities.

3. To formulate programs on legal knowledge training for judicial experts; to coordinate with other ministries and ministerial- level agencies in organizing professional and legal knowledge training courses for judicial experts.

4. To enumerate and make a general list of individual and institution performing judicial expertise and post it on its e-portal.

5. To urge the performance of the tasks of state management of judicial expertise by ministries, ministerial-level agencies and provincial-level People's Committees; to request ministries, ministerial-level agencies and provincial-level People's Committees to report on judicial expertise organization and activities; to report to the Government on judicial expertise organization and activities nationwide.

6. To assume the prime responsibility for, or request related ministries, ministerial-level agencies or provincial-level People's Committees to organize the examination and inspection of judicial expertise organization and activities.

7. To perform the state management of international cooperation on judicial expertise.

Article 41. Tasks and powers of ministries and ministerial-level agencies performing specialized management of judicial expertise

1. To promulgate or propose competent state agencies to promulgate legal documents on judicial expertise in the expertise areas under their respective management, and guide the implementation of these documents.

2. To promulgate judicial expertise regulations or guide the application of professional regulations to judicial expertise activities according to the requirements and particularities of the expertise areas under their management.

3. To assume the prime responsibility for, and coordinate with the Ministry of Justice in, deciding the establishment, consolidation and strengthening of public judicial expertise institutions under their management in accordance with this Law.

4. To appoint and dismiss judicial experts according to their competence; to make and announce lists of ad hoc judicial expertise performers and ad hoc judicial expertise institutions mentioned in Clause 1, Article 20 of this Law.

5. To ensure expertise funds, equipment, facilities and means and other necessary material conditions for public judicial expertise institutions under their management to satisfy the requirements of assigned tasks.

6. To annually evaluate the quality of operations of judicial expertise institutions, ad hoc judicial expertise institutions, and judicial expertise performers in the areas under their management.

7. To specify conditions of physical foundations and expertise equipment, facilities and means of judicial expertise offices in the areas under their management.

8. To formulate and implement programs and plans on training in judicial expertise and legal knowledge for judicial experts in the areas under their management.

9. To examine, inspect and settle complaints and denunciations about judicial expertise organization and activities in the areas under their management; to coordinate with the Ministry of Justice in examining and inspecting judicial expertise organization and activities in accordance with Clause 6, Article 40 of this Law.

10. To implement international cooperation on judicial expertise in the areas under their management.

11. To annually review judicial expertise organization and activities in the areas under their management and send reports thereon to the Ministry of Justice for summarization and reporting to the Government.

Article 42. Tasks and powers of the Ministry of Health, the Ministry of Public Security and the Ministry of National Defense

In addition to the tasks and powers specified in Article 41 of this Law, the Ministry of Health, the Ministry of Public Security and the Ministry of National Defense have the following tasks and powers:

1. The Ministry of Health:

a/ Performing the state management of the areas of forensic medicine and psychiatric forensic medicine expertise;

b/ Promulgating professional regulations in the areas of forensic medicine and psychiatric forensic medicine expertise;

c/ Specifying criteria of forensic medicine and psychiatric forensic medicine experts;

d/ Providing training and retraining and granting certificates of professional skills in forensic medicine or psychiatric forensic medicine expertise in accordance with Point c, Clause 1, Article 7 of this Law.

2. The Ministry of Public Security:

a/ Performing the state management of criminological technique expertise;

b/ Promulgating professional regulations on criminological technique expertise;

c/ Specifying criteria of criminological technique experts;

d/ Providing training and retraining and granting certificates of professional skills in criminological technique expertise in accordance with Point c, Clause 1, Article 7 of this Law;

e/ Making annual statistics on solicitation of judicial expertise, assessment of judicial expertise performance and use of judicial expertising conclusions in the system of investigation agencies under their management;

f/ Guiding investigation agencies under their management in applying legal provisions on solicitation of judicial expertise and evaluation and use of judicial expertising conclusions;

g/ Ensuring funds and guiding the payment of judicial expertise charges in the system of investigation agencies under their management;

h/ Annually reviewing and sending to the Ministry of Justice reports on solicitation of judicial expertise, assessment of judicial expertise performance and use of judicial expertising conclusions in the system of investigation agencies under their management.

3. The Ministry of National Defense has the rights and powers specified at Points e, f, g and h, Clause 2 of this Article.

Article 43. Tasks and powers of provincial-level People's Committees

1. Provincial-level People's Committees have the following tasks and powers:

a/ Establishing public judicial expertise institutions; deciding on licensing the establishment of judicial expertise offices; making and announce lists of judicial expertise institutions and ad hoc judicial expertise institutions in their localities;

b/ Appointing or dismissing judicial experts according to their competence; making and announcing lists of judicial experts in their localities;

c/ Ensuring operation funds and means, physical foundations and other necessary conditions for public judicial expertise institutions in their localities;

d/ Organizing professional and legal knowledge training for judicial experts in their localities;

e/ Annually evaluating the organization and quality of judicial expertise activities in their localities; ensuring the quantity and quality of judicial experts and ad hoc judicial expertise performers, promptly and qualitatively meeting expertise requirements of procedural activities in their localities;

f/ Examining, inspecting and settling complaints and denunciations about judicial expertise according to their competence; and coordinating with the Ministry of Justice in examining and inspecting the judicial expertise organization and activities in accordance with Clause 6, Article 40 of this Law;

g/ Sending reports on judicial expertise organization and activities in their localities to the Ministry of Justice and concurrently to related ministries and ministerial-level agencies for performing the state management tasks specified in Articles 40, 41 and 42 of this Law.

2. Provincial-level Service of Justices shall assist provincial-level People's Committees in the state management of judicial expertise in their localities; assume the prime responsibility for, and coordinate with specialized agencies in, assisting provincial-level People's Committees in managing operations of judicial expertise offices.

Specialized agencies of provincial-level People's Committees shall assist provincial-level People's Committees in the state management of the specialized areas of judicial expertise and be answerable to the latter for judicial expertise organization and activities in these areas; and coordinate with provincial-level Service of Justices in assisting provincial-level People's Committees in performing the state management of judicial expertise in their localities.

Article 44. Responsibilities of the Supreme People's Court and the Supreme People's Procuracy

1. To guide the application of legal provisions on solicitation of judicial expertise and evaluation and use of judicial expertise results in the systems of People's Court and People's Procuracy.

2. To make statistics on solicitation of judicial expertise, assessment of judicial expertise performance and use of judicial expertising conclusions in the systems of people's courts and People's Procuracy, and report them to the National Assembly in annual work reports.

3. To coordinate with the Ministry of Justice in making statistics and reports on solicitation of judicial expertise, assessment of judicial expertise performance and use of judicial expertising conclusions.

4. To ensure funds for and guide the payment of the judicial expertise charge in the systems of people's courts and People's Procuracy