The Government's draft submission on the draft Law on Judicial Expertise (amended), proposing important changes and supplements to the current law (Law on Judicial Expertise 2012) has just been sent to the Ministry of Justice for appraisal.
One of the most important new points of this draft is to expand the scope of socialization of judicial appraisal activities.
While the 2012 Law on Judicial Expertise only allows the establishment of judicial expert offices (non-public organizations) in three fields: forensic medicine, forensic psychiatry and property valuation, the draft law proposes to expand the establishment of judicial expert offices to many other specialized fields with great and specific needs such as: DNA, digital and electronic technology, documents, evidence data, cultural and historical relics, etc. to better meet the diverse appraisal needs of society. Judicial expert offices are established in the form of private enterprises or partnerships in accordance with the provisions of the Enterprise Law.
Along with that, the draft adds regulations on professional experience. Forensic appraisers must have at least 5 years of professional experience in the field of training after graduating from university. For case-based forensic appraisers, the experience requirement is at least 3 years.
The rights and obligations of forensic experts on a case-by-case basis are also supplemented; accordingly, provisions on exemption from legal liability for forensic experts and forensic organizations are added in cases where the forensic conclusion is incorrect due to objective errors and not their fault (except in cases of intentional violations).
The new regulations are expected to be a step forward in reforming administrative procedures and simplifying the appraisal process. Accordingly, the procedures for appointing, dismissing, and terminating judicial appraisers; establishing and dissolving judicial appraisal organizations or judicial appraisal offices are simplified.
The time for conducting judicial appraisal is specifically regulated for each type of case (maximum 2 months for simple cases, 3 months for complicated cases or cases in many fields)...
Source: https://www.sggp.org.vn/to-chuc-ngoai-cong-lap-du-kien-duoc-cap-phep-giam-dinh-adn-post807376.html
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