Circular No. 11/2020/TT-BTP stipulates the model of the card, procedures, and formalities for issuing new and replacement cards for judicial appraisers.

CIRCULAR

activities of calibration, verification, testing ||| template, procedures, and formalities for issuing new,

||| reissuing identification cards for judicial experts

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||| Pursuant to the Law on Judicial Appraisal dated June 20, 2012, ||| the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal dated June 10, 2020 (the Law on Judicial Appraisal);

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of ||| The Director of the Department of Legal Assistance;

||| Article 2. General provisions regarding foreign non-governmental organizations operating in Vietnam (as stipulated from Article 5 to Article 15 of the Decree): Ministry of Justice ||| issues this Circular stipulating ||| templates, procedures, and formalities for issuing new, reissuing identification cards for judicial experts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Circular stipulates templates, procedures, and formalities for issuing new, reissuing identification cards for judicial experts.

Article 2. Applicability

||| This Circular applies to judicial experts; ministries, ministerial-level agencies, provincial People's Committees (hereinafter referred to collectively as provincial-level People's Committees) and relevant agencies, organizations, and individuals involved in the issuance and management of judicial expert identification cards.

Article 3. General Principles

||| Article 1. Identification cards for judicial experts shall be issued to judicial experts for use when performing their rights and obligations as judicial experts.

||| Article 2. Judicial experts are responsible for preserving and maintaining the identification cards issued to them; they must not erase, alter, lend out, or use the cards for purposes not specified in Clause 1 of this Article.

Chapter II

||| IDENTIFICATION CARDS FOR JUDICIAL EXPERTS, PROCEDURES AND FORMALITIES FOR ISSUING NEW AND REISSUING IDENTIFICATION CARDS FOR JUDICIAL EXPERTS

||| Article 4. Identification Cards for Judicial Experts

||| Identification cards for judicial experts include the following contents:

||| 1. Shape and size: The identification card for judicial experts is rectangular, measuring 90 mm in length, 65 mm in width, and 0.76 mm in thickness, laminated with plastic film, consisting of two sides: The front side has an image of a bronze drum and decorative patterns, colored yellow; the back side is red.

||| 2. Content on the front side, adjacent to the left margin, from top to bottom, includes the following information:

||| a) At the top corner is the name of the agency issuing the identification card for judicial experts, presented in all capital letters, font size 6, upright typeface, bold. Below the name of the agency issuing the identification card for judicial experts is a continuous line with a length equal to one-third to one-half of the character string and centered;

||| b) A photograph of the person receiving the identification card for judicial experts (2 cm x 3 cm), centered below the name of the agency issuing the identification card for judicial experts.

||| 3. Content on the front side, adjacent to the right margin, from top to bottom, includes the following information:

||| a) National Emblem: "SOCIALIST REPUBLIC OF VIET NAM": Presented in all capital letters, black color, font size 6, upright typeface, bold, at the very top;

||| b) Motto: "Independence - Freedom - Happiness": Presented in lowercase letters, black color, font size 6, upright typeface, bold, centered below the National Emblem; the first letter of each phrase is capitalized, hyphens separate phrases, and there is space between characters. Below the Motto is a continuous line with a length equal to the character string and centered under the Motto;

||| c) Line of text: "JUDICIAL EXPERT IDENTIFICATION CARD": Presented in all capital letters, red color, font size 8, upright typeface, bold, centered below the Motto;

||| d) Card number: Consists of the code of the ministry, ministerial-level agency, and province code according to Clause 2 of Article 9 of this Circular and four subsequent digits representing the serial number of the card, recorded consecutively starting from number 0001 using Arabic numerals;

||| đ) Card symbol including: Abbreviation of the card name (JUDICIAL EXPERT) and abbreviation of the issuing agency name, presented in all capital letters, font size 8, upright typeface. The card number and card symbol are centered under the line of text "JUDICIAL EXPERT IDENTIFICATION CARD";

||| e) Name of the person receiving the card: Presented in lowercase letters, black color, font size 8, upright typeface, bold;

||| g) Date of birth of the person receiving the card: Recorded using Arabic numerals;

||| h) Field of appraisal: Presented in lowercase letters, black color, font size 8, upright typeface;

||| i) Workplace: Presented in lowercase letters, black color, font size 8, upright typeface (specifying the unit under the ministry, ministerial-level agency, or unit under the provincial-level People's Committee);

||| k) Issuing authority, date of issue: Presented in lowercase letters, font size 8, italic typeface, numbers, dates, and years recorded using Arabic numerals;

||| l) Position of the authorized person issuing the card (Minister/Head of ministerial-level agency, Chairman of provincial-level People's Committee): Presented in all capital letters, font size 6, upright typeface, bold;

||| m) Signature of the person signing: Presented in lowercase letters, black color, font size 6, upright typeface, bold.

||| 4. Content on the back side includes the following information:

||| The back side of the identification card for judicial experts has a raised image of the National Emblem in the center, with a diameter of 2.5 cm. Above the National Emblem is a line of text: "SOCIALIST REPUBLIC OF VIET NAM", printed in all capital letters, yellow color, font size 8, upright typeface, bold. Below the National Emblem is a line of text: "JUDICIAL EXPERT IDENTIFICATION CARD", printed in all capital letters, yellow color, font size 10, upright typeface, bold.

The font used on the card is Times New Roman in Vietnamese, Unicode character set according to Vietnam Standard TCVN 6909:2001.

||| 5. Stamp on the identification card for judicial experts: The stamp on the identification card for judicial experts is a small version of the National Emblem of the competent authority issuing the identification card for judicial experts, ink color red, the photograph of the judicial expert attached to the card is affixed with a raised stamp (at the lower right quarter of the photo).

Article 5. Subjects eligible for issuance of new forensic examiner identification cards

1. Persons appointed as forensic examiners from January 1, 2021, in accordance with the Law Amending and Supplementing Certain Provisions of the Forensic Examination Law.

2. Forensic examiners appointed before January 1, 2021, who are not subject to removal from office as stipulated in Article 10 of the Forensic Examination Law.

Article 6. Issuance of new identification cards for persons appointed as forensic examiners from January 1, 2021

1. The person proposing the appointment of a forensic examiner shall submit one set of application documents in accordance with Article 8 of the Forensic Examination Law, along with two color passport-sized photographs (2cm x 3cm, taken within the last six months) for the purpose of issuing the identification card. The decision on appointment and issuance of the forensic examiner identification card shall be made in accordance with the provisions of Article 9 of the Forensic Examination Law. The decision on appointment and issuance of the forensic examiner identification card, together with the application documents, shall be transferred to the unit under the ministry or agency at ministerial level assigned to manage forensic examination work generally, and to the Department of Justice.

2. Within ten days from the date of receipt of the decision on appointment and issuance of the forensic examiner identification card, along with the application documents as specified in Clause 1 of this Article, the head of the unit under the ministry or agency at ministerial level assigned to manage forensic examination work generally shall assist the Minister or Head of the agency at ministerial level in issuing the forensic examiner identification card; the Director of the Department of Justice shall assist the Chairman of the People's Committee at provincial level in issuing the forensic examiner identification card.

Article 7. Issuance of new identification cards for forensic examiners appointed before January 1, 2021

1. Forensic examiners appointed before January 1, 2021, who are not subject to removal from office as stipulated in Article 10 of the Forensic Examination Law, shall be issued forensic examiner identification cards.

The head of the unit under the ministry or agency at ministerial level assigned to manage forensic examination work generally shall take the lead and coordinate with relevant units under the ministry or agency at ministerial level to review, compile lists, and submit applications for the issuance of forensic examiner identification cards to the Minister or Head of the agency at ministerial level for decision.

The Director of the Department of Justice shall take the lead and coordinate with the heads of specialized agencies under the People's Committee at provincial level to review, compile lists, and submit applications for the issuance of forensic examiner identification cards to the Chairman of the People's Committee at provincial level for decision.

2. The application documents for the issuance of forensic examiner identification cards appointed before January 1, 2021, include:

a) A proposal from the head of the unit under the ministry or agency at ministerial level assigned to manage forensic examination work generally, or a proposal from the Department of Justice regarding the issuance of forensic examiner identification cards;

b) A list of forensic examiners as specified in Clause 1 of this Article;

c) Two color passport-sized photographs (2cm x 3cm, taken within the last six months) of the forensic examiner.

3. Within seven days from the date of receipt of the application documents for the issuance of the identification card, the Minister or Head of the agency at ministerial level, or the Chairman of the People's Committee at provincial level, shall decide on the issuance of the forensic examiner identification card.

4. The review and issuance of forensic examiner identification cards for the cases specified in this Article shall be completed by September 30, 2021.

1. The Judicial Expert Identification Card shall be reissued in cases where the card has been lost, damaged (torn, dirty, faded), and cannot be used, or there is a change in information recorded on the card.

2. The application dossier for reissuing the Judicial Expert Identification Card includes:

a) An application form for reissuing the Judicial Expert Identification Card. In cases where the card is lost or there is a change in the information recorded on the card, the application form for reissuing the Judicial Expert Identification Card must be confirmed by the managing agency or unit.

b) The currently used Judicial Expert Identification Card in cases where there is a change in the information recorded on the card; the old Judicial Expert Identification Card in cases where it is damaged.

c) Two color passport-sized photographs measuring 2cm x 3cm (taken within the last six months) of the person applying for reissuance of the Judicial Expert Identification Card.

3. The head of the unit under the ministry or equivalent agency assigned to manage judicial identification work generally, and the Director of the Department of Justice shall accept the application dossier for reissuing the Judicial Expert Identification Card.

Within ten days from the date of receiving the application dossier for reissuing the Judicial Expert Identification Card, the head of the unit under the ministry or equivalent agency assigned to manage judicial identification work generally shall submit to the Minister or Head of the equivalent agency for a decision to reissue the Judicial Expert Identification Card; the Director of the Department of Justice shall submit to the Chairman of the Provincial People's Committee for a decision to reissue the Judicial Expert Identification Card.

Within ten days from the date of receiving the complete application dossier for reissuing the Judicial Expert Identification Card, the Minister or Head of the equivalent agency, and the Chairman of the Provincial People's Committee shall make a decision to reissue the Judicial Expert Identification Card; if rejected, they must notify in writing and specify the reasons.

The reissued Judicial Expert Identification Card in cases of loss or damage shall retain the original card number issued previously. The reissued Judicial Expert Identification Card in cases of changes in the information recorded on the card shall be assigned a new number according to the provisions of Article 4 of this Circular.

Article 9. Sample Cards, Documents, and Codes for Ministries, Equivalent Agencies, and Provincial People's Committees

1. Attached to this Circular are sample cards and documents used in the appointment and issuance of the Judicial Expert Identification Card, including:

2. The codes for ministries, equivalent agencies, and provincial people's committees in issuing the Judicial Expert Identification Card shall be implemented as follows:

a) Code for provinces and centrally-administered cities

b) Code for ministries and equivalent agencies

Chapter

III IMPLEMENTATION PROVISIONS

Article 10. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 11. Implementation Organization

Ministries, equivalent agencies, provincial people's committees, and related agencies and organizations responsible for issuing and managing the Judicial Expert Identification Card shall implement this Circular based on their respective functions and tasks. During the implementation of this Circular, if any difficulties arise, they are advised to report to the Ministry of Justice for timely guidance.

During the implementation of this Circular, if any difficulties arise, they are advised to report to the Ministry of Justice for timely guidance./.