Chương 3 Nghị định 85/2013/NĐ-CP: Văn phòng giám định tư pháp

Chapter 3.

JUDICIAL EXPERTISE OFFICE

Article 12. Judicial expertise office

1. The judicial expertise Office is organized and operating under the provisions of the Law on Judicial Expertise, Enterprise Law, this Decree and other regulations of relevant laws.

2. For the judicial expertise Office operating under the type of partnership, then its members must be judicial experts. The judicial expertise Office may have capital contributors.

3. The name of judicial expertise Office includes the phrase “Judicial expertise Office” followed by a proper name. The naming and attachment of signboard of Office comply with regulations of law.

4. The judicial expertise Office has its separate head office, seal and account as prescribed by law.

Article 13. Application for establishment, draft Regulation on organization and operation of the judicial expertise Office

1. Application for establishment of the judicial expertise Office specified at Point a, Clause 2, Article 16 of the Law on judicial expertise must have the main contents as follows:

a) Full name, date of birth, place of permanent residence registration, identity card number of the person asking for the establishment of the Office;

b) Full name of partners and capital contributors;

c) Name and expected address of the Office;

d) Area of judicial expertise;

dd) Commitment to compliance with law in the course of operation.

2. Draft Regulation on organization and operation of the judicial expertise Office specified at Point the certification Organization, Clause 2, Article 16 of the Law on judicial expertise operating in the form of private enterprise must have the following main contents:

a) Name and expected of the Office;

b) Area of judicial expertise;

c) Full name, date of birth, place of permanent residence registration, identity card number of the legal representative of the Office;

d) List of judicial experts working under the contract (if any);

dd) Regulations on the employment of judicial experts;

e) Rights and obligations of the Office;

g) Regulations on information and report;

h) Effect.

3. In addition to the contents specified in Clause 2 of this Article, the draft Regulation on organization and operation of the judicial expertise Office operating in the form of partnership also has the following main contents:

a) Full name of partners and capital contributor (if any);

b) Contributed capital of partners and capital contributor (if any);

c) Rights and obligations of partners and capital contributor (if any);

d) Management structure;

dd) Procedures for passing Office’s decision;

e) Grounds and methods of determining compensation, salary and bonus for partners, capital contributors and employees;

g) Principles to settle internal disputes and profit division;

h) Cases of termination of operation and procedures for asset disposal;

i) Procedures for amending and supplementing the Regulation;

k) Full name and signatures of partners;

l) Other contents agreed by the partners not in contradiction with regulations of law.

Article 14. Application for operation registration, Operation registration Certificate of judicial expertise Office

1. Application for operation registration of judicial expertise Office specified at Point a, Clause 2, Article 17 of the Law on judicial expertise must have the following main contents:

a) Decision number on Office’s establishment;

b) Full name of Office and abbreviated name (if any);

c) Address of Office’s head office;

d) Full name, date of birth, place of permanent residence registration, identity card number of the legal representative of the Office;

dd) Area of judicial expertise;

e) List of Office’s partners (if any).

2. Operation registration Certificate of judicial expertise Office

a) Certificate of registration number, date, month and year of issuance of Operation registration Certificate;

b) Office’s name, decision number on Office’s establishment;

c) Address of Office’s headquarters;

d) Area of judicial expertise;

dd) Full name of Office’s legal representative;

e) Full name, place of registration of permanent residence of the partners (if any).

Article 15. Modification of operation registration, re-issuance of Operation registration Certificate of judicial expertise Office

1. When modifying name, address of head office and legal representative of Office, list of partners, the judicial expertise Office is re-issued the Operation registration Certificate.

Within 05 working days, after the modification of name, address of head office and legal representative of Office, list of partners, the judicial expertise Office has to submit application for re-issuance of Operation registration Certificate together with the old Operation registration Certificate to Service of Justice where the operation registration has been done.

Within 05 working days, after receiving valid dossier, the Service of Justice shall review and re-issue Operation registration Certificate to the judicial expertise Office. In case of failing to re-issue Operation registration Certificate, the Service of Justice shall notify in writing specifying the reasons. The judicial expertise Office which is rejected with the issuance of Operation registration Certificate may lodge complaint and initiate lawsuit as prescribed by law.

2. If the Operation registration Certificate is damaged or lost, the judicial expertise Office shall be re-issued with Operation registration Certificate;

The judicial expertise Office has to submit application for the re-issuance of Operation registration Certificate to Service of Justice where its operation has been registered to prove that the Operation registration Certificate has been damaged or lost.

Within 05 working days, after receiving valid dossier, the Service of Justice shall review and re-issue Operation registration Certificate to the judicial expertise Office. In case of failing to re-issue Operation registration Certificate, the Service of Justice shall notify in writing specifying the reasons. The judicial expertise Office which is rejected with the issuance of Operation registration Certificate may lodge complaint and initiate lawsuit as prescribed by law.

3. Application for re-issuance of Operation registration Certificate must have the contents specified in Clause 1, Article 14 of this Decree.

Article 16. Notification and publication on the contents of operation registration

1. Within 15 days after the issuance or re-issuance of Operation registration Certificate, the Service of Justice shall notify in writing the contents of operation registration of the judicial expertise Office to the tax agency, statistics agency, provincial-level Public Security agency, district-level People’s Committee and communal-level People’s Committee where the judicial expertise Office is located.

2. Within 30 days after being issued with the Operation registration Certificate, the judicial expertise Office has to publish on the Central or local newspapers where the operation has been registered in three consecutive issues of the following contents:

a) Name, address of Office’s headquarters;

b) Full name of Office’s legal representative;;

c) Number, date, month and year of issuance of Operation registration Certificate, place of operation registration;

3. If being issued with Certificate of operation registration, the judicial expertise Office has to publish on newspapers the changes of content in the Certificate of operation registration.

Article 17. Modification and supplementation of area of expertise of judicial expertise Office

1. The judicial expertise Office modifying and supplementing area of expertise has to submit application to the Service of Justice where the judicial expertise Office has registered its operation together with the plan for modification and supplementation of area of expertise specified at Point b, Clause 3 of this Article.

2. Within 30 days after receiving valid dossier, the Director of Service of Justice shall review, appraise and agree with the head of the specialized agency of the provincial-level People's Committee managing the field of judicial expertise for submission to Chairman of provincial-level People's Committee for consideration and decision.

Within 15 days after the Service of Justice has submitted dossiers, Chairman of provincial-level People's Committee shall review and make a decision on permitting the modification and supplementation of area of expertise. If the modification and supplementation are not permitted, there must be a written notice specifying the reasons. The judicial expertise Office which is rejected with modification and supplementation of area of expertise may lodge complaint or initiate lawsuit as prescribed by law.

3. Dossier to request the modification and supplementation of area of expertise of the judicial expertise Office includes:

a) Application for modification and supplementation of area of expertise;

b) The plan for modification and supplementation of area of expertise stating the conditions on personnel, facilities, equipment and means of expertise as prescribed by the Ministry, the ministerial agencies professionally managing the area of expertise and plan for implementation in accordance with the modification and supplementation of areas of expertise;

c) The copy of decision on judicial expert appointment in accordance with the modification and supplementation of areas of expertise;

d) The issued Decision on permitting the establishment of the judicial expertise Office;

4. Within 01 year after being permitted for modification and supplementation of area of expertise by Chairman of provincial-level People’s Committee, the judicial expertise Office shall carry out the registration of contents modified and supplemented at the Service of Justice. Beyond the above time limit, if the judicial expertise Office does not register its modification and supplementation of area of expertise, the Decision on permitting the modification and supplementation of area of expertise shall be invalid.

5. Dossier, order and procedures for registration of modification and supplementation of area of expertise comply with the provisions in Article 17 of the Law on judicial expertise and relevant provisions of this Decree.

Article 18. Rights and obligations of the judicial expertise Office

1. The judicial expertise Office has the right:

a) To hire judicial experts and employees to work for the Office;

b) To collect payment of judicial expertise as prescribed by law.

c) To perform extrajudicial services at the request of individuals and organization;

d) To enjoy preferential policies on tax under the provisions of Article 22 of this Decree.

2. The judicial expertise Office has the obligations:

a) To publicize the charge of judicial expertise;

b) To implement regulations on social insurance and health insurance for employees of the Office as prescribed by law;

c) To comply with regulations of law on labor, tax, finance, statistics, and comply with the requirements of competent state authorities on examination and inspection;

d) To make annual report to Service of Justice and specialized agencies under provincial-level People’s Committee on organization and operation of judicial expertise

dd) To make payment of operation fee by the fee rate of enterprise’s business registration and in accordance with relevant laws.

3. The rights and obligations as prescribed, of the Law on judicial expertise, procedural law and other regulations of relevant laws.

Article 19. Conversion of type of judicial expertise Office

1. The judicial expertise Office having a demand for conversion of type of operation from private enterprise to partnership and vice versa must submit dossier to request the conversion to the Service of Justice where the operation registration has been done.

2. Dossier to request the conversion of type of operation of the judicial expertise Office includes:

a) Application for conversion;

b) Plan for conversion of type of operation specifying the reason for conversion, organization and operation of the judicial expertise Office by the time of request for conversion, expected organization, name, location of head office, personnel, facilities, equipment, and means of expertise;

c) Copy of decision on judicial expert appointment

d) Decision on Office establishment;

dd) New draft Regulation on Office’s organization and operation;

3. Within 07 working days after fully receiving dossiers as specified in Clause 2 of this Article, the Service of Justice shall submit them to Chairman of provincial-level People’s Committee for reviewing and deciding on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

4. Within 10 days after receiving valid dossier, Chairman of provincial-level People’s Committee shall review and decide on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

5. Within 15 days after receiving the decision on permitting the conversion, the judicial expertise Office has to register its operation at Service of Justice. When making registration, the Office must have application for operation registration, a copy of decision on permitting the Office’s conversion and papers evidencing the eligibility to ensure the operation of the judicial expertise Office under the Plan specified at Point b, Clause 2 of this Article.

Within 07 working days after receiving valid dossier, the Service of Justice shall issue Certificate of operation registration to the judicial expertise Office converted. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office rejected with issuance of Certificate of operation registration may lodge complaint or initiate lawsuit as prescribed by law.

6. The judicial expertise Office which has been converted with its type may operate on the date of issuance of Certificate of operation registration, inherit all the rights, obligations and responsibilities and archive all dossiers and documents of the previous Office.

Article 20. Revocation of Certificate of operation registration of the judicial expertise Office

1. The judicial expertise Office is revoked its Certificate of operation registration in one of the following cases:

a) There are enough judicial experts as prescribed;

b) Performing judicial expertise improperly with the registered areas;

c) Seriously violating the law or being sanctioned with administrative violation for the second time but still doing it again.

d) Other cases as prescribed by law.

2. The Service of Justice shall issue a decision on revoking Certificate of operation registration of the judicial expertise Office within 07 working days after detecting one of cases specified in Clause 1 of this Article.

The Service of Justice shall notify in writing to agencies and organizations specified in Clause 1, Article 16 of the revocation of Certificate of operation registration of the judicial expertise Office.

Article 21. Terminating operation of the judicial expertise Office

1. The judicial expertise Office shall be terminated its operation in the following cases

a) Being terminated by itself;

b) Being revoked its Certificate of operation registration as specified in Article 20 of this Decree.

2. In case of termination of operation as prescribed at Point a, Clause 1 of this Article, within 30 days before the expected time of termination of operation, the judicial expertise Office has to submit a written report to Service of Justice where its operation has been registered.

The judicial expertise Office has to complete its expertise for solicitation and request for judicial expertise received, make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation.

Service of Justice shall notify in writing the termination of operation of the judicial expertise Office to the agencies and organizations specified in Clause 1, Article 16 of this Decree.

3. If the judicial expertise Office is terminated its operation as prescribed at Point b, Clause 1 of this Article, within 07 working days after revoking the Certificate of operation registration, the Service of Justice shall notify to the agencies and organizations as specified in Clause 1, Article 16 of this Article.

The judicial expertise Office has its obligation to make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation and transfer all dossiers archived for judicial expertise to Service of Justice where its operation has been registered.

For expertise requests received but not yet performed, the judicial expertise Office shall return their dossiers, expertise subjects and expertise charges collected from the expertise solicitor or requester.

4. The Service of Justice shall request the provincial-level People’s Committee to withdraw the decision on permitting the establishment of judicial expertise Office in cases of termination of operation specified in Clause 1 of this Article.

Article 22. Policies for the judicial expertise Office

The judicial expertise Office shall enjoy tax preference as prescribed by regulations of law on tax.