Chapter VI
STATE MANAGEMENT OVER JUDICIAL EXPERTISE
Article 41.- Contents of State management over judicial expertise
1. Promulgating and guiding the implementation of legal documents on judicial expertise.
2. Setting up judicial expertise organizations.
3. Appointing, relieving from duty judicial experts; granting, withdrawing judicial expert’s cards; making and publicizing the lists of judicial experts, casual judicial expertise performers.
4. Formulating professional standards on judicial expertise.
5. Providing professional training, fostering and necessary legal knowledge for judicial experts.
6. Examining, inspecting, settling complaints, denunciations and handling violations related to judicial expertise.
7. Supplying operation funding and means as well as material conditions for judicial expertise activities.
8. Entering into international cooperation on judicial expertise.
Article 42.- Judicial expertise-State management agencies
1. The Government shall perform the uniform State management over judicial expertise.
2. The Justice Ministry shall bear responsibility before the Government for the performance of State management over judicial expertise.
3. The Health Ministry, the Ministry of Public Security, the Defense Ministry, other ministries, ministerial-level agencies shall manage the organization and activities of judicial expertises in the domains under their respective management.
4. Ministries, ministerial-level agencies and Government-attached agencies shall, within the scope of their respective tasks and powers, have to coordinate with the Justice Ministry and concerned ministries or branches in performing the State management over judicial expertise.
5. The provincial-level People's Committees shall perform the State management over judicial expertises in their respective localities according to the provisions of this Ordinance and other relevant law provisions.
Article 43.- Tasks and powers of the Justice Ministry in the State management over judicial expertise
1. To promulgate or draft and submit to the competent State bodies for promulgation legal documents on judicial expertise and guide the implementation thereof.
2. To grant and withdraw judicial expert's cards; to make and publicize lists of judicial experts, casual judicial expertise performers.
3. To promulgate and guide the use of forms of judicial expertise documents.
4. To work out programs on fostering necessary legal knowledge for judicial experts; to coordinate with ministries, ministerial-level agencies, Government-attached agencies and provincial-level People's Committees in organizing the fostering of professional and legal knowledge for judicial experts.
5. To perform the State management over international cooperation on judicial expertise.
6. To sum up and report to the Prime Minister on judicial expertise organization and activities.
Article 44.- Tasks and powers of the Health Ministry, the Public Security Ministry, the Defense Ministry, other ministries, ministerial-level agencies, Government-attached agencies in managing judicial expertise organization and activities in the domains under their respective management
1. To set up judicial expertise organizations according to competence.
2. To appoint, relieve from duty judicial experts according to competence; to make lists of casual judicial expertise performers under their respective ministries' or branches' management.
3. To request the Justice Minister to grant, withdraw judicial expert's cards according to competence.
4. To set professional standards on judicial expertise.
5. To ensure operation funding and means as well as other necessary material conditions for judicial expertise activities.
6. To provide professional training and necessary legal knowledge for judicial experts.
7. To examine, inspect and settle complaints, denunciation against judicial expertise organization and activities according to competence.
8. To sum up and report to the Government on judicial expertise organization and activities.
9. To enter into international cooperation on judicial expertise in the domains under their respective management.
Article 45.- Tasks and powers of the provincial-level People's Committees in State management over judicial expertise
1. To decide on the establishment of judicial expertise organizations according to competence.
2. To appoint, relieve from duty judicial experts according to competence; to make lists of casual judicial expertise performers in localities.
3. To request the Justice Minister to grant, withdraw judicial expert's cards according to competence.
4. To ensure operation funding and means as well as other necessary material conditions for judicial expertise activities in localities.
5. To provide professional training and necessary legal knowledge for judicial experts in localities.
6. To examine, inspect and settle complaints, denunciations related to judicial expertise according to competence.
7. To sum up and report to the Justice Ministry judicial expertise organization and activities in localities.
Article 46.- Complaints, denunciations
1. Organizations and individuals are entitled to complain about administrative decisions, administrative acts of State administrative bodies, of competent persons in State administrative agencies in the field of judicial expertise when there are grounds to believe that such administrative decisions or acts are illegal, infringing upon their legitimate rights and interests.
The settlement of complaints about judicial expertise prescribed in this Clause shall comply with the provisions of the legislation on complaints and denunciations.
2. In cases where procedure-participating persons have grounds to believe that the judicial expertise conclusions are inaccurate, non-objective, infringing upon their legitimate rights and interests, they shall have the right to request the procedure-conducting agencies or persons to solicit re-expertise. Within seven days counting from the date of receiving such requests, the procedure-conducting agencies or persons must issue decisions on, or refuse the request for, re-expertise solicitation; in case of refusal, the reasons therefor must be notified in writing to the requesters.
In cases where the requesters disagree with the refusal to solicit re-expertises by the investigating agencies, they may complain with the procuracies of the same level. Within fifteen days counting from the date of receiving the complaints, the procuracies of the same level must consider and settle them. The complaint-settling decisions of the procuracies of the same level shall be the final ones.
In cases where the requesters disagree with the procuracies' or courts' refusal to solicit re-expertise, they shall be entitled to complain with the immediate superior procuracies or immediate superior courts. Within fifteen days as from the date of receiving the complaints, the procuracies or courts must consider and settle them. The complaint-settling decisions of the superior procuracies or superior courts shall be the final ones.
3. Individuals shall have the right to denounce to competent State bodies acts of violating the provisions of this Ordinance by judicial expertise performers.
The settlement of denunciations shall comply with law provisions on complaints and denunciations.
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