Circular No. 04/2010/TT-BTTTT stipulates standards, conditions, procedures, and processes for appointing and relieving judicial experts, proposing lists of judicial experts for cases; procedures for conducting expert opinions and applying remuneration systems for judicial experts in the field of information and communication.

✦ Tóm lược thông minh

Circular No. 04/2010/TT-BTTTT stipulates standards, conditions, procedures, and processes for appointing and relieving judicial experts in the field of information and communication; proposing lists of judicial experts for cases; applying remuneration systems for judicial experts. This Circular applies to officials, civil servants, and employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications, state agencies, universities, enterprises, and other organizations.

Đối tượng áp dụng

Officials, civil servants, and employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications; units under the Ministry of Information and Communications; Provincial Departments of Information and Communications and units under Provincial Departments of Information and Communications.

Các điểm cốt lõi

Officials, civil servants, and employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications who meet the standards and conditions for appointment as judicial experts (Clause 2, Article 3).
The process of appointing judicial experts is carried out at the Ministry of Information and Communications or at provincial-level cities directly under the central government (Article 4).
The application dossier for appointing a judicial expert includes a request letter, decision on the appointment of civil servants or employees, graduation certificates from bachelor's/master's/doctoral programs, brief resumes, and health status confirmation (Article 5).
The remuneration system for judicial experts is implemented according to Decision No. 74/2009/QĐ-TTg of the Prime Minister (Article 9).
A judicial expert will be relieved of their position when they no longer meet the required standards, have been disciplined, or violate laws related to judicial expertise (Article 10).

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Establishing a legal basis for the appointment and management of judicial experts in the field of information and communication, ensuring the quality of expert activities.
Reducing administrative burdens for individuals and organizations when requesting judicial expertise.
Applying a remuneration system for judicial experts to enhance professional capabilities.

❓ Câu hỏi thường gặp

Who can be appointed as a judicial expert?

Officials, civil servants, and employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications, those working in state agencies, universities, research institutions, enterprises, and other organizations who meet the standards and conditions stipulated in Article 3 of this Circular.

What is the procedure for appointing a judicial expert?

The process is carried out at the Ministry of Information and Communications or at provincial-level cities directly under the central government. Specifically, the applicant must submit the dossier to the Department of Organization and Cadres, after which the Director of the Department of Organization and Cadres collaborates with the Director of the Legal Affairs Department to review and select candidates meeting the standards and conditions, then propose to the Minister or the Chairman of the People's Committee of the province for appointment (Article 4).

What does the application dossier for appointing a judicial expert include?

The dossier includes a request letter, decision on the appointment of civil servants or employees, graduation certificates from bachelor's/master's/doctoral programs, brief resumes, and health status confirmation (Article 5).

How is the remuneration system for judicial experts applied?

The remuneration system is implemented according to Decision No. 74/2009/QĐ-TTg of the Prime Minister (Article 9).

When is a judicial expert relieved of their position?

A judicial expert will be relieved of their position when they no longer meet the required standards, have been disciplined with a warning or higher due to intentional violations in professional activities or breaches of professional ethics (Article 10).

Toàn văn

CIRCULAR

Regulations on standards, conditions, procedures for appointing and dismissing judicial appraisers, proposing lists of judicial appraisers according to cases; procedures for conducting appraisals and applying appraisal allowances in the field of information and communications.

According to the Ordinance on Judicial Appraisal No. 24/2004/PL-UBTVQH11 dated September 29, 2004 of the Standing Committee of the National Assembly;

According to the Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Judicial Appraisal;

According to the Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;According to Decision No. 74/2009/QĐ-TTg dated May 7, 2009 of the Prime Minister,

_______________

MINISTER OF INFORMATION AND COMMUNICATIONS

This Circular stipulates the standards, conditions, procedures for appointing judicial appraisers (hereinafter referred to as appraisers), proposing the Ministry of Justice to include persons in the list of judicial appraisers according to cases, and applying appraisal allowance systems in the field of information and communications.

1. Civil servants, public officials, employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications, those working in state agencies, universities, research institutions, enterprises, and other organizations meeting the criteria and conditions for appointment as appraisers and persons in the list of judicial appraisers according to this Circular.

2. Agencies and units under the Ministry of Information and Communications.

3. Provincial Departments of Information and Communications and agencies and units under Provincial Departments of Information and Communications.

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

STANDARDS, CONDITIONS, PROCEDURES FOR APPOINTING APPRAISERS, PROPOSING LISTS OF PERSONS IN THE LIST OF JUDICIAL APRAISERS ACCORDING TO CASES, APPLYING APPRAISAL ALLOWANCE SYSTEMS

Article 2. Applicability

Article 3. Standards and Conditions for Appointing Appraisers

1. Being a Vietnamese citizen residing in Vietnam;

2. Holding a bachelor's, master's, or doctoral degree issued by an educational institution in Vietnam (in case of degrees from foreign educational institutions, such degrees must be recognized in Vietnam in accordance with the laws on education and international treaties to which the Socialist Republic of Vietnam is a party);

Chapter II

b) Publishing;

g) Law;

h) Economics.

3. Having at least five years of practical experience in the specialized field as specified in Clause 2 of this Article.

a) Journalism;

4. Possessing good moral character.

c) Postal services;

d) Telecommunications;

đ) Information technology;

e) Electronics;

5. Having full capacity for civil conduct.

Article 4. Procedures for Appointing Appraisers

1. Procedures for appointing appraisers at the Ministry of Information and Communications

a) Based on work requirements, the head of the agency or unit under the Ministry selects staff members who meet the criteria and conditions, prepares a dossier, and submits it to the Department of Organization and Cadres;

b) Individuals who are not staff members under the Ministry of Information and Communications but meet the criteria and conditions set out in Article 3 of this Circular may directly submit their dossiers to the Department of Organization and Cadres;

c) The Director of the Department of Organization and Cadres, in collaboration with the Director of the Legal Department, examines the dossiers, selects individuals who meet the criteria and conditions set out in Article 3 of this Circular, and proposes to the Minister for the appointment of appraisers.

2. Procedures for appointing appraisers at provincial-level cities

a) Individuals who are not staff members under the Provincial Department of Information and Communications but meet the criteria and conditions set out in Article 3 of this Circular may directly submit their dossiers to the Provincial Department of Information and Communications;

b) Based on work requirements, the Director of the Provincial Department of Information and Communications selects staff members who meet the criteria and conditions set out in Article 3 of this Circular, prepares a dossier, and submits it to the Director of the Provincial Department of Justice;

c) The Director of the Provincial Department of Information and Communications collaborates with the Director of the Provincial Department of Justice to propose to the Chairman of the People's Committee of the province (hereinafter referred to as the Chairman of the People's Committee of the province) for the appointment of appraisers.

2. Procedures for appointing experts at provincial and centrally governed city levels

a) A person who is not an officer, civil servant, or employee under the Department of Information and Communications, and who meets the criteria and conditions stipulated in Article 3 of this Circular, shall directly submit their application to the Department of Information and Communications;

b) Based on work requirements, the Director of the Department of Information and Communications selects officers, civil servants, employees, or persons meeting the criteria and conditions stipulated in Article 3 of this Circular to prepare and submit an application to the Director of the Department of Justice;

c) The Director of the Department of Information and Communications shall coordinate with the Director of the Department of Justice to submit the appointment of experts to the Chairman of the People's Committee of the province (hereinafter referred to as the Chairman of the Provincial People's Committee) for approval.

Article 5. Documents for Nomination of Appraisers

1. The documents for nomination of appraisers for officers, civil servants, and employees under the Ministry of Information and Communications and Provincial Departments of Information and Communications shall include:

a) A document proposing the nomination of an appraiser from the head of the direct management agency of the person being nominated;

b) A copy of the decision appointing civil servant or employee (for those who are officers, civil servants, or employees);

c) A copy of the bachelor's, master's, or doctoral degree certificate;

d) A brief resume of the person being nominated as an appraiser.

2. The documents for nomination of appraisers for persons who are not officers, civil servants, or employees under the Ministry of Information and Communications and Provincial Departments of Information and Communications shall include:

a) A proposal for the nomination of an appraiser;

b) A copy of the bachelor's, master's, or doctoral degree certificate;

c) A brief resume with confirmation from the local authority or the unit directly managing the person proposing to be nominated as an appraiser;

d) A health status confirmation from a healthcare facility at the district level or higher for the person proposing to be nominated as an appraiser.

Article 6. Retention of Nomination Documents for Appraisers

1. Nomination documents for appraisers under the Ministry of Information and Communications shall be retained at the Department of Organization and Cadres of the Ministry of Information and Communications.

2. Nomination documents for appraisers under the People's Committee of a province shall be retained at the Provincial Department of Information and Communications.

Article 7. Application for an Appraiser Card

1. The Director of the Department of Organization and Cadres of the Ministry of Information and Communications shall take the lead and coordinate with the heads of agencies and units directly managing the appraiser under the Ministry to prepare the documents to submit to the Minister for application to the Ministry of Justice for issuance of an appraiser card.

2. The Director of the Provincial Department of Information and Communications shall coordinate with the Director of the Provincial Department of Justice to prepare the documents to submit to the Chairman of the People's Committee of the province for application to the Ministry of Justice for issuance of an appraiser card.

3. The documents for application for an appraiser card shall be implemented according to the provisions of Clause 2, Article 3 of Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Judicial Appraisal.

Article 8. Proposal to the Ministry of Justice for Inclusion in the List of Appraisers by Case

1. Persons meeting the following criteria may be proposed to the Ministry of Justice for inclusion in the list of appraisers by case:

a) Persons meeting the criteria stipulated in Article 3 of this Circular;

b) Persons without a bachelor's degree but with specialized knowledge and experience in the field of information and communications and meeting the criteria stipulated in Clauses 1, 3, 4, and 5 of Article 3 of this Circular;

c) Not falling within any of the cases specified in Clause 3, Article 8 of the Ordinance on Judicial Appraisal.

2. Periodically or unexpectedly, the Department of Organization and Cadres shall have the responsibility to select persons meeting the criteria stipulated in Clause 1 of this Article, compile a list of appraisers by case, and submit it to the leadership of the Ministry of Information and Communications for proposal to the Ministry of Justice for inclusion in the list and publication of the list of appraisers by case in the field of information and communications.

3. Periodically or unexpectedly, the Director of the Provincial Department of Information and Communications shall select persons meeting the criteria stipulated in Clause 1 of this Article, compile a list, and coordinate with the Director of the Provincial Department of Justice to submit it to the Chairman of the People's Committee of the province for proposal to the Ministry of Justice for inclusion in the list and publication of the list of appraisers by case in the field of information and communications.

4. The retention of documents for persons included in the list of appraisers by case in the field of information and communications shall be carried out similarly to the retention of nomination documents for appraisers as stipulated in Article 6 of this Circular.

Article 9. Application of the Judicial Appraisal Allowance System

The Judicial Appraisal Allowance System shall be implemented in accordance with Decision No. 74/2009/QĐ-TTg dated May 7, 2009 of the Government Prime Minister.

Chapter III

PROCEDURE FOR REMOVAL OF JUDICIAL APPRAISER

Article 10. Removal of judicial appraiser in one of the following cases

1. No longer meeting the criteria specified in Clause 2, Article 8 of the Judicial Appraisal Ordinance.

2. Being disciplined with a warning or higher due to intentional violation in professional activities or violation of professional ethics.

3. Being administratively punished for violating the provisions of the law on judicial appraisal.

4. Violating the provisions of Article 14 of the Judicial Appraisal Ordinance.

5. Unable to continue performing the appraisal work for legitimate reasons.

6. Proposing their own removal as a judicial appraiser in writing with legitimate reasons.

7. Reaching the retirement age as prescribed by law.

Article 11. Procedure for removing a judicial appraiser

1. Procedure for removing a judicial appraiser at the Ministry of Information and Communications

a) In the case where the judicial appraiser falls under one of the circumstances stipulated in Article 10 of this Circular, the head of the agency or unit directly managing the judicial appraiser shall issue a written request to the Personnel Organization Department to propose the removal of the judicial appraiser;

b) The Director of the Personnel Organization Department shall take the lead and coordinate with the Director of the Legal Affairs Department and the head of the agency or unit directly managing the judicial appraiser to prepare a proposal for the Minister to remove the judicial appraiser;

c) Within fifteen (15) working days from the date of receipt of the file, the Minister shall examine and decide on the removal of the judicial appraiser.

2. Removal of a judicial appraiser at the Department of Information and Communications

a) In the case where the judicial appraiser falls under one of the circumstances stipulated in Article 10 of this Circular, the Director of the Department of Information and Communications shall issue a written request to the Director of the Department of Justice to propose the removal of the judicial appraiser;

b) The Director of the Department of Information and Communications shall cooperate with the Director of the Department of Justice to prepare a proposal for the Chairman of the People's Committee of the province to remove the judicial appraiser.

c) Within fifteen (15) working days from the date of receipt of the file, the Chairman of the People's Committee of the province shall examine and decide on the removal of the judicial appraiser.

Article 12. Documents for the removal of a judicial appraiser include

1. A written request for the removal of a judicial appraiser issued by the Director of the Personnel Organization Department of the Ministry of Information and Communications or the Director of the Department of Justice.

2. Documents and papers proving that the judicial appraiser falls under one of the circumstances stipulated in Article 10 of this Circular.

Article 13. Recovery of the Judicial Appraiser Card, Sending the Decision on Removal of the Judicial Appraiser and the Judicial Appraiser Card

1. Recovery of the Judicial Appraiser Card

a) After being removed as a judicial appraiser, the holder of the Judicial Appraiser Card shall be responsible for returning it to the Department of Justice or the Personnel Organization Department of the Ministry of Information and Communications;

b) The head of the agency or unit under the Ministry of Information and Communications directly managing the person removed as a judicial appraiser shall be responsible for recovering the Judicial Appraiser Card of the civil servant, officer, or employee under their management after being removed. The recovered Judicial Appraiser Card shall be sent to the Director of the Personnel Organization Department for consolidation;

b) The Director of the Department of Information and Communications shall be responsible for recovering the Judicial Appraiser Card of the civil servant, officer, or employee under the management of the Department after being removed. The recovered Judicial Appraiser Card shall be sent to the Director of the Department of Justice for consolidation.

2. Sending the decision on removal of the judicial appraiser and the judicial appraiser card

a) The Director of the Personnel Organization Department of the Ministry of Information and Communications shall be responsible for sending the Ministry of Justice the decision on removal of the judicial appraiser along with the Judicial Appraiser Card;

b) The Director of the Department of Information and Communications shall cooperate with the Director of the Department of Justice to send the Ministry of Justice the decision on removal of the judicial appraiser along with the Judicial Appraiser Card.

Chapter IV

PROCEDURE FOR IMPLEMENTING JUDICIAL APPRAISAL

Article 14. Appointment of persons to participate in judicial appraisal

1. At the Ministry of Information and Communications

a) In cases where the Ministry of Information and Communications receives requests for judicial appraisal within the scope of its administrative management, the Director of the Personnel Department shall take the lead and coordinate with the Legal Department to select appraisers and judicial appraisers suitable for the content of the request; prepare a list to be submitted to the leadership of the Ministry to respond to the requesting agency with the list of persons assigned to conduct the appraisal;

b) In cases where the content of the request for judicial appraisal does not fall within the scope of administrative management of the Ministry of Information and Communications, the Personnel Department shall take the lead and coordinate with the Legal Department to refuse the judicial appraisal and respond to the requesting agency.

2. At the Provincial Department of Information and Communications

a) In cases where the Provincial Department of Information and Communications receives requests for judicial appraisal within the scope of its administrative management, the Director of the Provincial Department of Information and Communications shall select appraisers and judicial appraisers suitable for the content of the request; respond to the requesting agency with the list of persons assigned to conduct the appraisal;

b) If the content of the appraisal does not fall within the scope of administrative management of the Provincial Department, the Director of the Provincial Department has the responsibility to refuse the judicial appraisal and respond to the requesting agency.

3. Persons assigned to conduct judicial appraisal have the responsibility to accept the content of the request for appraisal, organize the appraisal, conclude on the contents of the appraisal, and respond to the requesting agency according to the provisions of the law. In case they recognize that they lack the capacity to conduct the assigned appraisal, the person assigned to conduct the judicial appraisal must formally refuse in writing. The refusal document shall be sent to the assigning party and the requesting agency.

Article 15. Establishment of Appraisal Board

1. Conditions for establishing the Appraisal Board

a) An Appraisal Board in the field of information and communication shall be established in cases where there is a contradiction between the initial appraisal conclusion and the re-appraisal conclusion on the same issue requiring appraisal;

b) The Appraisal Board in the field of information and communications shall be established by the Minister of Information and Communications.

2. Preparation for establishing the Appraisal Board

a) The Director of the Personnel Department shall take the lead and coordinate with the Legal Department to select appraisers and judicial appraisers suitable for the content of the request, complete the file to be submitted to the Minister for decision;

b) The Legal Department shall be responsible for coordinating with the Personnel Department to select appraisers and judicial appraisers suitable for the content to be included in the Appraisal Board.

3. Members of the Appraisal Board

a) The Appraisal Board shall consist of at least three members including the Chairman and other members;

b) The Chairman of the Appraisal Board in the field of information and communication shall be assumed by the Director or Deputy Director of the Legal Department under the Ministry of Information and Communications.

4. Dissolution of the Appraisal Board

The Appraisal Board shall dissolve itself upon completion of its tasks.

Chapter V

IMPLEMENTATION

Article 17. Implementation Organization

1. The Directors of the Personnel Department, Legal Department, Heads of agencies and units under the Ministry of Information and Communications, Chairmen of People's Committees of provinces and centrally governed cities, Directors of Provincial Departments of Information and Communications are responsible for implementing this Circular.

2. During the implementation of this Circular, if there are difficulties, please reflect them to the Ministry of Information and Communications for amendment and supplementation to ensure appropriateness.

Article 18. Effective Date

This Circular takes effect from March 20, 2010.

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04/2010/TT-BTTTT

Circular No. 04/2010/TT-BTTTT stipulates standards, conditions, procedures, and processes for appointing and relieving judicial experts, proposing lists of judicial experts for cases; procedures for conducting expert opinions and applying remuneration systems for judicial experts in the field of information and communication.

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74/2009/QĐ-TTg Quyết định số 74/2009/QĐ-TTg Về chế độ bồi dưỡng giám định tư pháp Hết hiệu lực

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