2012/13, Qh13 Law: Judicial Inspection

Original Language Title: Luật 13/2012/QH13: Giám định tư pháp

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CONGRESS
Number: 13 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 20, 2012

LAW.

Judicial examiner

Number one.

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Law of Justice.

Chapter I

COMMON RULES

What? 1. The adjustment range

The law rules on judicial oversight; the organization of judicial examiner; the judicial examiner pursues to the incident, the organization of judicial oversight by the incident; the operation of judicial oversight; the cost of judicial oversight, the regime, policy in the judicial monitoring operation. The law and the responsibility of the state agency to the organization, to operate the judiciary.

What? 2. Explain the word

In this Law, the words below are understood as follows:

1. Judicial examiner is the legal examiner to use knowledge, vehicles, scientific methods, techniques, careers to conclude expertise in matters relating to investigative work, prosecution, trial, and criminal execution, solving civil affairs, the case. The chief executive of the law conducts proceedings, the person who conducts proceedings or at the request of the person requesting to be prescribed by the rules of this law.

2. The custosphere. including the proceedings, the proceedings.

3. The one who asked for the judge. who has the right to self-appointed after he has recommended the agency to conduct the proceedings, who conduct proceedings without being accepted. The person with the right to self-request for a bishop to include the incumbent in the civil case, the administrative case, the civil plaintiffs, the civil service, who has the rights, the relevant obligation in the criminal case or their legal representative, except for the case of love. the examiner involved in determining the criminal responsibility of the defendant, the defendant.

4. Personally, the judicial examiner. including the judicial examiner, the judicial examiner in the case, the organization of public justice, the organization of judicial oversight, and the organization of judicial oversight in the case.

5. The judicial examiner. including the judicial examiner and the judicial examiner according to the incident.

6. Chief Justice is the standard qualified person in paragraph 1 Article 7 of this Law, appointed by the state authority to implement judicial oversight.

7. The judicial examiner according to the incident is the standard person specified in paragraph 1 or paragraph 2 Articles 18 and Article 20 of this Law, which is requiitated, required by the request.

8. The organization of the judiciary is in the case. is the agency, the organization eligible for regulation at Article 19 and Article 20 of this Law, which is requiitated, required by the authority.

What? 3. The principle of implementing judicial oversight

1. comply with the law, follow the standard of expertise.

2. Central, accurate, objective, insecurity, timely.

3. Only conclude the expertise of problems in the required range.

4. Responses to the law on the regulatory conclusion.

What? 4. The responsibility of the individual, the organization for judicial monitoring operation

1. Personally, the organization is requiitated, requiring judicial examiner to take responsibility for the reception and implementation of the judicial jurisdiction under the provisions of this Law and other provisions of the relevant law.

2. Personally, the other organization is responsible for facilitalization of the judicial examiner to carry out the regulation under the provisions of this Law and other provisions of the relevant law.

What? 5. The State ' s Policy for Judicial Regulatory Activity

1. The state of investment, development of the organizational system of public justice in the fields of major regulatory needs, regularly to meet the requirements of litigation activity; has a policy of incentives to facilitate the organization of judicial oversight outside of the United States. It ' s a development.

2. The state has a priority policy of training, professional fostering, a career for judicial examiner.

What? 6. Serious offenses

1. The refusal to make the conclusion of judicial custody without the correct reason.

2. Trying to make the conclusion that the judicial examiner is false.

3. Trying to extend the time of execution of the judicial examiner.

4. Taking advantage of the implementation of the judicial examiner for the benefit.

5. disclosure of the information secret that you know when conducting judicial oversight.

6. To compel, to compel the judicial examiner to make the conclusion of the false judicial examiner the truth.

7. Intervention, impede the implementation of the judicial examiner ' s designation.

Chapter II

CHIEF JUSTICE OFFICER

What? 7. The standard of appointment of judicial examiner

1. Vietnamese citizens who reside in Vietnam have enough of the following standards that can be considered, appointed judicial examiner:

a) There is good health, good moral qualities;

b) There is a higher degree of higher education and has been in the field of professional activity in the field trained for up to five years or more.

The person who was recommended to appoint forensic forensic, forensic forensic, criminal engineering has directly helped work in the organization of medical examiner medical, mental health, criminal engineering, professional practice time, professional practice. 03 years or more;

c) For the person who is recommended to appoint a judicial director in the field of forensic medicine, mental health and criminal engineering must have evidence that has either trained or fostering a job as a manager.

2. The person belonging to one of the following cases is not appointed judicial examiner:

a) of the loss of the power of the people, or of the power of the people of the people;

b) is being pursued for criminal responsibility; it has been convicted that has not been cleared of charges of unintentional or misdemeanor charges due to intentional offences; has been convicted of serious crime, very serious crime, serious crimes committed by intentional offences;

c) is being applied for administrative practice of education in the commune, ward, town, into the institution of compulsory administration or to the compulsory educational institution.

3. The minister, the chief executive officer on the basis of the provisions of the sum of this Article to the judicial examiner in the field of the jurisdiction of the administration after the unification of the opinion with the Minister of Justice.

What? 8. The profile recommended the appointment of the judicial officer

1. Text of the appointment of the appointment of the judiciary.

2. The copy of the degree of graduate degree is in line with the field of expertise recommended for appointment.

3. Primary background and judicial logic.

4. The confirmation paper on the actual time of the agency ' s expertise in the agency, the organization where the person is offered to appoint work.

5. Certificate of training or deprivation of the deprivation for persons is recommended to appoint a judicial director in the field of forensic medicine, mental health and criminal engineering.

6. Other papers prove the person is recommended to appoint enough standards by the regulation of the Minister, the Premier of the peer-to-peer authority has the authority to manage the area of the appraisal.

What? 9. Authority, sequence, procedure of appointment of judicial officer

1. Minister of Health for the appointment of the forensic examiner, the forensic forensic examiner works at the central agencies.

The Minister of Public Security appointed the chief technical officer to operate operations at the central authority.

The Minister, the chief executive officer, appointed the chief executive officer to operate in other areas of the central authority within the management range.

The chairman of the Provincial People's Committee, the central city of the central city (later known as the provincial level) appointed the local judicial examiner.

2. The Ministry of Defense, the Ministry of Public Security is responsible for selecting the person with sufficient standards of regulation at 1 Article 7 of this Law offering the Minister of Health to appoint the forensic examiner of the department.

The Ministry of Defence is responsible for selecting the eligible standard at 1 Article 7 of the Law, offering the Minister of Public Security to appoint a criminal technician of his own.

The member of the unit of the unit, the peer-to-peer agency is tasked with operating the judicial examiner responsible for selecting the eligible criteria at paragraph 1 Article 7 of this Law, recommended that the Minister, the Chief Minister of the equal authority, appoint the officer. It is in the jurisdiction of the jurisdiction.

The head of the professional body of the Provincial People's Committee governing the field of judicial examiner presiding, in coordination with the Director of the Justice Department selecting the eligible criteria at paragraph 1 Article 7 of this Law, reception of the recommendation of the appointing offer. The judicial director stipulated in Article 8 of this Law, which recommended that the Chairman of the Provincial People's Committee appoint the local judicial examiner.

For a 20-day period, since the date of receiving a valid profile, the Minister, the Prime Minister of the Ministry of Foreign Affairs, the Chairman of the Provincial People's Committee decided to appoint the judicial examiner. The rejected case must inform the person to offer the written consent and specify the reason.

3. The ministry, the peer agency, the Provincial People 's Committee is responsible for the establishment, posting the list of judicial directors on the department' s electronic information portal, the peer-to-peer agency, the Provincial People ' s Committee, while sending the Department of Justice to make a general list of judges. The judiciary.

What? 10. Free the judicial examiner

1. The case for the dismissal of the judiciary:

a) There is no standard for provisions at 1 Article 7 of this Law;

b) In one of the prescribed cases at paragraph 2 Article 7 of this Law;

c) Being disciplined from the form of a warning or being executed by intentional violation of the law of judicial authority;

d) Do one of the acts stipulated at Article 6 of this Law;

On the recommendation of the judicial examiner as public officer, officer, military officer, citizen security officer, professional military officer, defense workers have decided to take a break to enjoy the retirement or leave of work.

2. The filing of the petition for the dismissal of the judiciary consists of:

a) The text of the request for the dismissal of the chief justice of the agency, the organization recommended that it be appointed;

b) The document, the certificate of the judicial examiner of one of the specified cases at this one Article.

3. Minister of Public Security, the Minister of Defense review, recommended that the Minister of Health to be exempt from the jurisdiction of the jurisdiction of the administration.

The Minister of Defense reviewed, recommended that the Minister of Public Security to be exempt from the criminal justice of the jurisdiction of the administration.

The Minister, the Chief Minister of the Equal Authority, oversees the judicial board of operations at the central authority in the area of the jurisdiction under the recommendation of the Minister of the Subordinate Unit, the peer-to-peer agency that is entrusted with the management of judicial appraisal.

The chairman of the Provincial People's Committee dismissed the local judiciary at the suggestion of the head of the People's Committee's expertise after the head of the special body of experts in opinion with the Director of the Department of Justice.

4. In the 10-day period, since the date of receiving a valid profile, the Minister, the Premier of the equal body, the chairman of the Provincial People ' s Committee reviewed, decided to exempt the judicial examiner and adjust the list of judicial directors on the portal. The electronics of the ministry, the peer agency, the Provincial People's Committee, simultaneously sent the Ministry of Justice to adjust the general list of judicial oversight.

What? 11. The rights and obligations of the judicial examiner

1. Implemendation of the judging panel, the request of the referendum, the person who asked for the judging or according to the agency ' s distribution, the organization is displayed, the request.

2. The refusal to be specified in the case of content needs to be specified beyond the professional capacity; the object of the judge, the relevant documents provided are not sufficient or no value to conclusion of the judge; the time is not enough to perform the judge or reasonable. It's worth it. The case refused to be a judge for a period of 5 working days, since the date of the adoption decision or the request for a request to notify the referendum, the person requesting to be written in writing and stating the reason.

3. Participate in the classroom fostering, legal knowledge.

4. Founded the Office of Judicial Regulatory Affairs when there is sufficient regulatory conditions at Article 15 of this Law.

5. Founded, join the judicial board of the Judicial Council under the rule of law on the assembly.

6. Enjoy the regime, the policy pursues to the provisions of this Law and the other regulation of the relevant law.

7. Rights and obligations stipulated at Article 23 and paragraph 1 Article 34 of this Law.

Chapter III

CHIEF JUSTICE ORGANIZATION

Item 1

PUBLIC JUSTICE ORGANIZATION

What? 12. Public Judicial Planning Organization

1. The organization of public judicial oversight is established by the state authority to be established in the field of forensic medicine, mental health and criminal engineering.

In case of necessity, the Minister, the chief of the peer-to-peer agency, the Chairman of the Provincial People ' s Committee review, the decision to establish or the competent authorities to establish a public judicial review organization in other areas after the unification of the opinion. with the Minister of Justice.

2. The organization of public judicial oversight on forensic medicine includes:

a) National Health Institute of the Ministry of Health;

b) Provincial medical center;

c) The military forensic institute of the Ministry of Defense;

d) The forensic examiner center of the Institute of Criminal Sciences, Ministry of Public Security.

3. The organization of public health planning on mental health including:

a) Central psychiatric institution of the Ministry of Health;

b) Regional psychiatric center in the Ministry of Health.

The base asks for the mental health examiner of the proceedings and the actual conditions of the regions, the region in the country, the Minister of Health review, the decision to establish the Regional Mental Health Centre after the unification of the country.

Your opinion with the Minister of Justice.

4. The organization of public judicial examiner on criminal engineering includes:

a) the Institute of Criminal Sciences;

b) The Criminal Engineering Department of the Provincial Security;

c) The Office of Criminal Engineering in the Ministry of Defense.

5. Base to local needs and conditions, the Provincial Security Bureau of Criminal Engineering has the forensic examiner performing the autopsy.

6. The organization of public judicial oversight has its own seals and accounts according to the rule of law.

7. The government regulates the function, mission, organizational structure, the working regime of the established judicial regulatory organization at this.

What? 13. Secure the facilities for the organization of public judicial planning.

1. The public judicial examiner's organization is guaranteed by the State to provide facilities, funds, equipment, facilities, and other necessary conditions for the implementation of judicial authority.

2. The operating budget of the organization of public judiciary is secured from the state budget and other sources by law.

3. The Ministry of Health rules on the condition of facilities, equipment, facilities for the organization of public judicial monitoring in the field of forensic medicine, mental health.

The Ministry of Public Security regulates the conditions of facilities, equipment, facilities for the organization of public judicial monitoring in the field of criminal engineering.

Item 2

PUBLIC EXTERNAL JUSTICE ORGANIZATION

What? 14. Legal examiner ' s office

1. The judicial examiner ' s office is the organisation of the public external judiciary, established in the field of finance, banking, construction, artifacts, relics, copyright copyright.

2. The judicial examiner ' s office was established and operated under the type of private enterprise. The Office of Judicial Supervision issued by the 2nd Judicial Supervisor is organized and operated under the name of the company of the company of titles.

The attorney general of the Office of Judicial Examiner is the Head of the Office. The head of the judicial examiner's office must be the judicial examiner.

What? 15. The conditions of the establishment of the Judicial Office of Justice

1. The Judicial Supervisor was established the Office of Judicial Supervision when there is sufficient following the following conditions:

a) There are a five-year term as a judicial director in the field of recommendation of the establishment of the office;

b) There is a proposal to be established by regulation at the paragraph d 2 Article 16 of this Law.

2. Staff, civil service, officials, military officers, citizen security officers, professional servicemen, national defense workers are not established by the Office of the Judicial Bureau of Justice.

What? 16. License establishment of the Office of Judicial Supervision

1. Chairman of the Provincial People's Committee where the headquarters are reviewed, the decision to allow the establishment of the Office of Judicial Affairs at the recommendation of the Director of the Department of Justice.

2. The Judicial Supervisor asked permission to set up the Office of Judicial Supervision to submit the application of the establishment to the Department of Justice. The profile consists of:

a) Permission to establish;

b) The copy of the decision to appoint the judicial examiner;

c) The draft Regulation, operation of the Office of Judicial Regulatory;

d) The project to establish the Office of Judicial Supervision must specify the purpose of the establishment; expected of the name, personnel, location of the headquarters; conditions on the basis of matter, equipment, the prescribed vehicle under the stipulation of the ministry, the peer-to-board agency. of the field of planning and implementation of the implementation.

3. In the 30-day period, since the date of receiving valid dosages, the Director of the Department of Justice review, the filing appraisal of the application to establish the Office of Judicial Appraisal, which unified the opinion with the head of the professional body of the Provincial Committee of the Provincial Committee of the Department of State Management. Judicial review, Chairman of the Committee for the Provincial People's Committee to review, decide.

In the 15-day period, since the date of the filing of the filing, the Chairman of the Provincial People ' s Commission considers, the decision to allow the establishment of the Office of Judicial Supervision. The unauthorised case must be written in writing and stating the reason. The person who was denied permission to complain, filed under the rule of law.

What? 17. Subscription of the Office of Judicial Jurisdiction Office

1. During the 01-year period, since the day the Chairman of the Provincial People ' s Committee decided to allow the establishment, the Office of Judicial Examiner Registered operations at the Department of Justice.

After the 01-year period, since the day the Chairman of the Provincial People's Committee decided to allow it to be established, the Office of the Judicial Examiner Office was not registered, and decided to allow the establishment of the Office of Justice to expire.

2. The judicial examiner ' s office sends registered registration records to the Department of Justice. The profile consists of:

a) The application for registration activity;

b) Organization rules, activities of the Office of Judicial Regulatory;

c) The Certificate of proof is eligible for the operational guarantee of the Office of Judicial Jurisdiction Under The Proposed Establishment Scheme at the end of Article 2 Article 16 of the Law;

d) The copy decided to allow the establishment of the Office of Judicial Supervision.

3. In the 30-day period, since the date of receiving enough valid records, the Department of Justice chaired, in coordination with the specialized body of the Provincial Committee of the Provincial People's Provincial Committee on the field of judicial examiner examining the response to the conditions under the Specified Establishment Scheme at the d. Paragraph 2 Article 16 of this law and issued the Registration Certificate; the rejected case must be written in writing and stating the reason, while also reporting the Chairman of the Provincial Committee to consider, deciding to revoking the decision to allow the establishment. The person who was denied permission to complain, filed under the rule of law.

4. The judicial examiner ' s office is operated since the date of the registration of the active registration.

Chapter IV

THE JUDICIAL EXAMINER FOLLOWS THE INCIDENT, WHICH ORGANIZES THE JUDICIARY UNDER THE INCIDENT

What? 18. Judicial examiner under the incident

1. Vietnamese citizens who reside in Vietnam have the following criteria that may be selected as the judicial examiner under the incident:

a) There is good health, good moral qualities;

b) There is a higher degree of higher education and has been in the field of professional activity in the field trained for up to five years or more.

2. In the event of a person who does not have a university degree but has intensive knowledge and has a variety of practical experience in the field of need of the monitoring, it can be selected as a judicial examiner in the case.

3. The judicial examiner pursues to the execution of the examiner on the referendum, the requirements for the regulation under the provisions of this Law. The judicial examiner pursues the provision and obligations of regulation at 1, 2, 3, 6 and 7 Articles 11 of this Law.

What? 19. Judicial deprivation by the incident

1. The organization of the judiciary under the case must have the following qualified:

a) There is a legal way;

b) There is specialized activity in accordance with the displayed content, the required requirements;

c) There is a condition of the professional cadres, the facilities that guarantee the implementation of the judicial examiner.

2. The organization of the judicial examiner pursues to the execution of the prescribed procedure, required under the provisions of this Law. The head of the organization is responsible for receiving and distributing the person carrying out the judicial examiner.

3. Ministry, peer-to-peer agency, the government agency, the Ministry of Provincial Committee of the Provincial Committee of the Provincial People's Committee only performs judicial authority under the referendum of the examiner.

What? 20. Set up and publish a list of judicial examiner according to the incident, the judicial examiner under the incident

1. The Ministry of Construction, Ministry of Finance, Ministry of Culture, Sports and Tourism, Ministry of Information and Communications, Ministry of Planning and Investment, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Science and Technology, Ministry of Agriculture and Rural Development, State Bank Vietnam, the department, other peer-to-peer agency and the Provincial People ' s Committee are responsible for selecting, setting and the annual publication of the list of judicial examiner under the incident, which organizes the judicial examiner under the management of the management authority to meet the requirements. the judge of the proceedings.

The list is accompanied by information on the agency's monitoring, experience, capacity of the judicial examiner under the incident, which organizes the judicial examiner under the incident posted on the department's electronic information portal, the peer agency, the Provincial People's Committee, You send the Ministry of Justice to form a common list.

2. In the special case, the custoship of the examiner may be able to make a personal referendum, the professional organization that is eligible to be not part of the published list for the execution, but must specify a reason.

At the request of the litigation agency, the person who conducts proceedings, the ministry, the peer-to-peer agency, the professional body of the Provincial Committee of the Provincial Committee of the Governing Body responsible for introducing the individual, the organization has sufficient conditions to carry out the operation off the list. book has been published.

Chapter V.

JUDICIAL MONITORING ACTIVITY

What? 21. Rights, the obligations of the judicial examiner ' s referendum

1. The examiner is entitled to:

a) Personal sphere, the organization stipulated at paragraph 4 of Article 2 of this Law.

b) The individual requirement, the organization stipulated at the point a one This returns the argument of the correct content and time required;

c) Personal requirements, the organization made the judicial examiner explain the regulatory conclusion.

2. The examiner is obliged to have an obligation:

a) An organization or individual option that is appropriate for the calculation of the calculation, the requirements of the required trial;

b) The decision for a written bridge is determined;

c) Providing information, documents that are related to the subject of the subject at the request of the individual, the organization carrying out the judicial examiner;

d) Advance of the cost of judicial oversight when the referendum; payment in time, full of the cost of the oversight to the individual, the organization that performs the judge upon receiving the regulatory conclusion;

Ensure the safety of the judicial examiner in the course of the execution or to participate in the proceedings as the judicial examiner.

What? 22. Rights, the obligation of the person requesting judicial examiner

1. The examiner of the examiner has the right to send text requesting the body to conduct the proceedings, the conduct of the referendum proceedings. The case for the agency to conduct proceedings, who conducted the proceedings did not accept the request, for a time of 7 days to inform the person requesting to be a written examiner. The expiration of the term above or from the date received notice of rejection of the examiner's request, who requires the authority to have the authority to request its own request.

2. The requested examiner is entitled:

a) Personal requirements, the organization that imples the judicial examiner to pay the argument that the specified deadline is agreed upon, and according to the requested content;

b) Personal requirements, the organization made the judicial examiner explain the regulatory conclusion;

c) Recommended the Tribunal for the judicial examiner who made the judge to participate in the trial for interpretation, presented with the conclusion of the monitoring;

d) Ask for the body to conduct proceedings, the conduct of the referendum proceedings; request for additional supervision under the provisions at paragraph 1 Article 29 of this Law.

3. The person who asked for judicial examiner is obliged:

a) To provide information, documents related to the subject of the examiner at the request of the judicial examiner and be responsible for the accuracy of the information, the document provided by itself;

b) The blisters of the cost of judicial oversight upon the request of the judging; timely payment, full of the cost of the oversight to the individual, the organization that the organization performs when receiving the specified conclusion.

4. The examiner ' s request only is to exercise the right to self-request before the Court decides to take the case to trial trial.

What? 23. Rights, the obligations of the judicial examiner when carrying out judicial examiner

1. The judicial examiner has the right:

a) The option of the necessary method, in accordance with the requirements of the specified requirements;

b) Use of experimental results, additional testing or professional conclusions made by the individual, the other organization performed in order to serve the monitoring;

c) The independent conclusion of the monitoring.

2. The judicial examiner has an obligation:

a) comply with the principles of judicial oversight;

b) Perform the correct monitoring of the required content;

c) Perform and pay the conclusion of the required deadline; in case it is necessary to have more time to perform the judge, the required notification must be announced in time to the examiner, the request for the examiner to know;

d)

Preservation of the object specimen, documentation related to the case of the operation;

e) Not to announce the results of the designation for others, except for the case of which the person has been displayed, the request for the request for consent in writing;

g) to be personally responsible for the conclusion of your conclusions. In the case of intentional misregulation of the individual, the organization must be compensated, compensated by the rule of law.

3. In addition to the rights, the obligation stipulated at paragraph 1 and paragraph 2 This, the judicial examiner has the right, the other obligation under the law of the proceedings.

What? 24. Rights, the obligation of the organization to be displayed, required judicial examiner

1. The organization is on the referendum, requiring judicial examiner to have the right:

a) Request a referendum, who requires the examiner to provide the information, documentation necessary for the monitoring;

b) The refusal to implement the appaction if there is not sufficient conditions required for the execution of the specified execution;

c) Being received a cost-effective response to judicial examiner upon receiving a referendum, requires judicial oversight; promptly paid, full of the cost of the judicial examiner when it comes to paying results.

2. The organization is on the referendum, asking for judicial examiner to have obligations:

a) Take on and distribute the person with the ability to specialize in accordance with the content of the referendum, ask for the organization to be held within the organization, and is responsible for the responsibility and responsibility of the person's expertise; and to distribute the person responsible for coordinating the practice. And there are many people who have the oversight in the case.

b) Secure the equipment, vehicles, and other necessary conditions for the implementation of the monitoring;

c) The compensation of the damage in the case of the person who carried out the judge was intentionally assigned to the conclusion of the false conclusion, causing damage to the individual, organization;

d) Notice to the referendum, request for a valid text for a 5-day period of work, since the date of the receiving decision of the referendum, the request for the decision, and stating the reason in the case of refusal to receive the referendum, the request for the request.

What? 25. Legal examiner.

1. The examiner is determined to decide on a judicial and document-based judicial decision to accompany the decision and document, the relevant object (if any) to the individual, the organization makes the decision.

2. The decision to display the judging must have the following content:

a) The name of the appointed bridge, and the name of the man who has the authority of the judges.

b) The name of the host; and they, the name of the one who are appointed,

c) The name and characteristics of the object to be specified;

d) the associated document name or the accompanying comparison template (if any);

The contents of the request;

e) The date, month, year of the judging panel and the deadline for the conclusion of the argument.

3. The additional case of the request for the request to add or redefine again, the decision to be specified is specified as an additional monitoring or referendum referendum.

What? 26. Ask for judicial custody in the civil case, the administrative case, the criminal case.

1. The request for the examiner must submit a required text that is accompanied by the object of the examiner, the documents, the relevant items (if any) and the copy of the papers prove themselves to be in the civil case, the administrative case, the civil plaintiffs, the civilian defendant, who has the rights, the obligations involved in the criminal case or their legal representative to the individual, the organization that performs the judge.

2. The text requires the judicial examiner to have the following content:

a) the name of the organization or them, the name of the one who asks for the judge;

b) Content is required;

c) The name and characteristics of the specified object;

d) the associated document name or the accompanying comparison template (if any);

Day, month, year of request for a judge and a deadline for comment.

e) The signature, them, the name of the examiner.

What? 27. Case Protocol, referendum object, request for comment

1. A profile, a referendum, a request for the bishop to be delivered, directly received or sent to the individual, the organization that performs the monitoring through the postal route.

2. The delivery, the filing of the profile directly, the referendum object, the required requirements must be established. The protocol editor must have the following content:

a) Time, location of delivery, identification records;

b) They, the name of the representative of the hand and the subject of the object,

c) Decision on a referendum or text request; the subject needs to be specified; documents, objects related;

d) The way for the preservation of the object of the object, the document, the relevant object when it is delivered, received;

The state of the object, the document, the documents, the documents, the documents, the documents.

e) The signature of the party representative and the recipient of the examiner ' s subject.

3. Send the profile, the referendum object, the request for the supervisor via the postal route must be made in accordance with the form of the service sent by the number. Personally, the organization that receives a file is sent according to a service with a code of responsibility for the preservation, when the seal is set to be compiled by regulation at paragraph 2.

4. For the delivery, the recipient of the forensic examiner, the mental health of the person, the person of the bridge, the requirement that the examiner be responsible for presiding, in coordination with the individual, the organization is the subject of the monitoring of the subject in the process of execution. Judging by the

5. When the exercise is complete, the individual, the organization implementing the responsibility for the remission of the examiner for the referendum, requires the examiner, except for the legal case of another regulation.

The examiner, the bishop, has the responsibility to take back the subject of the law on the rules of the law.

The delivery, retaking the object of the bishop after the completion of the completion of the specified procedure in paragraph 2 and paragraph 3 This.

What? 28. Personal examiner, collective judge

1. Personal monitoring is the monitoring of the 01-person execution. The collective planning is the monitoring of the two men.

2. In the case of a personal examiner, the examiner does the examiner, sign the statement, and be personally responsible for the conclusion.

3. In the case of a collective monitoring of a field of expertise, the examiner co-performs, signing on the conclusion of the general examiner and the same responsibility for that conclusion; if there is another opinion the examiner noted. Your opinion on the conclusion of the intent and the responsibility of that opinion.

In the case of a variety of specialized fields, each person is able to perform the executive part of his field of expertise and be personally responsible for that conclusion.

What? 29. Additional reporting, reorientation

1. The additional monitoring is made in the case of an unknown, incomplete, incomplete, or when the new problem is associated with the details of the case, the case has been concluded previously. The requireation, the request for additional monitoring is made as the first one.

2. The resettlement is carried out in the event of a base arguing that the conclusion of the initial settlement is not correct or in the case of regulation at paragraph 2 Article 30 of this Law.

3. The examiner who is the judge of himself or at the request of the examiner decides to determine the request for a resettlement. In case the examiner does not accept the request for a re-appointed request, the request must be notified by the person requesting to be written in writing and stating the reason.

What? 30. Board of directors

1. In the event of a difference between the first decision conclusion and the conclusion of the resettlement of the same monitoring content, the second resettlement is determined by the examiner. The second resettlement must be taken by the Board.

Minister, the head of the body of the body across the field requires the decision to set up the Council to implement a second resettlement. The Board consists of at least 03 members who are highly specialized and prestigious in the field of need of supervision. The Board of Supervisor operates under the mechanisms of collective authority stipulated at paragraph 3 Article 28 of this Law.

2. In the special case, the Supreme People 's Office of the Supreme People' s Court, Chief Justice of the Supreme People 's Court, decided to reexamine after the conclusion of the Board' s conclusions.

What? 31. Text recognition of the process of carrying out judicial examiner

1. The person who performs the judicial examiner must record in time, in full, the full course of the process and the results of the implementation of the document in writing.

2. The document that records the process execution process must be saved in the specified profile.

What? 32. Legal examiner conclusions

1. The judicial review conclusion is the comment, the written assessment of the judicial examiner on the subject of the monitoring subject, the request for the examiner. The conclusion of the judicial examiner must have the following content:

a) They, the name of the executed, are performed;

b) The body name conducts proceedings; they, the name of the person who conducts the judging referendum; the number of documents of the examiner or them, the name of the requested person;

c) The information that defines the specified object;

d) Time to receive a referendum, request for a request;

The contents of the request;

e) The method of execution;

g) The conclusion of the monitoring object;

) Time, location, execution, completion.

2. In the case of a referendum, the individual request for the execution of the person's signature must be attested in accordance with the law of the law of real evidence.

In the case of the referendum, the organization's request for the organization to be executed, the head of the organization must sign the name, stamp on the concluding conclusions and the organization is on the bridge, requesting responsibility for the judging conclusion.

The case of the Council of the Regulations stipulated at 1 Article 30 of this Law to implement the decision, the decision of the Council to sign the Council must sign, stamp on the concluding conclusion and be responsible for the legal status of the Council of the Council.

3. In case the procedure is done before the decision to prosecute the criminal case, in accordance with the procedure itself, the procedure by this law may use the procedure to use such a regulatory conclusion as the conclusion of the judicial examiner.

What? 33. Legal examiner record

1. The judicial regulatory filing by the person of the establishment of the judiciary consists of:

a) Decision on the referendum, the text requesting the documentation and the documentation (if any);

b) The protocol, the filing, the requisiology, the requisiation request;

c) The document records the process of execution;

d) the specified image (if any);

The previous monitoring conclusion or results of the test, the practice of judging by the other person (if any);

e) Other documents are related to the monitoring (if any);

g) The judicial examiner's conclusion.

2. Judicial monitoring records must be established in a unified form. The Ministry of Public Security, the Ministry of Health and ministries, the peer-to-peer body in the scope of the mission, was in charge of coordinating with the Supreme People's Court, the Supreme People's Institute of the Supreme People's Supreme Court of Justice.

3. Personally, the organization performs the judicial examiner responsible for the preservation, keeping the prescribed record due to its implementation in accordance with the provisions of the law on storage.

4. Judicial appraisal records are presented when there is a request from the agency to conduct proceedings, who conduct proceedings with the authority to resolve the criminal case, administrative case, civil affairs.

What? 34. The cases are not implemented judicial examiner.

1. The person belonging to one of the following cases is not implemented judicial examiner:

a) In one of the cases in which the law of proceedings must refuse to participate in proceedings or be changed;

b) Being redefined for the same content in the case, the case in which he has taken care of, except for the legal case of another rule.

2. The organization belonging to one of the following cases is not implemented judicial examiner:

a) having the right, the obligation concerning the case, the matter according to the law of proceedings;

b) There is another clear base to suggest that this organization may not be objective, unprivate while making the designation.

What? 35. Judicial Relation of Judicial deprivation

1. Personal requirements, foreign institutions that implement judicial monitoring are only made if the subject needs to be monitored abroad or the ability to specialize in expertise, equipment, and facilities of the individual, the judicial examiner ' s organization. in the country that does not meet the requirements of the judge.

2. Individuals, the organization of judicial examiner are responsible for receiving and implementing judicial oversight at the request of the competent authority to conduct foreign proceedings.

3. The procedure, the procedure, the cost of carrying out the judicial equivalent of judicial jurisdiction between Vietnam and abroad under the provisions of the law on the future of the judiciary.

Chapter VI

THE COST OF JUDICIAL OVERSIGHT, THE REGIME, POLICY IN THE JUDICIAL MONITORING OPERATION

What? 36. Judicial deprivation costs

The examiner of the examiner, who asked the examiner to be responsible for paying the cost of the judicial jurisdiction to the individual, the organization imples the judicial examiner as prescribed by law on the cost of judicial jurisdiction.

What? 37. The regime for the judicial examiner and the participant of judicial examiner

1. The judicial examiner, who is the judicial examiner under the incident, who helps the judicial examiner who is enjoying a salary from the state budget, who is legally charged with the authority to hand over the duties, perform the task in real time. The autopsy is on the case of the autopsy, the autopsy, the autopsy, and the examination of the judicial examiner on the case.

2. In addition to the judicial regulatory fostering in terms of regulation at paragraph 1 This article, the judicial examiner in charge of the public judicial examiner's organization is entitled to grant privileges to the profession and other subqualifications.

3. The government regulates this.

What? 38. Policy for judicial monitoring activity

1. The external judicial examiner is entitled to the Government's policy of incentives.

2. The judicial examiner, the judicial examiner ' s organization, the judicial examiner in the case of having a positive contribution to the judicial monitoring operation.

then be honoured, rewarded with the rules of the law of the race, the reward.

3. Ministry, peer-to-peer agency, the Provincial People's Council based on its ability, actual conditions and its jurisdiction to rule out the regime, the other policy to attract experts, the organization has the capacity to engage in judicial appraisal activities.

Chapter VII.

THE RESPONSIBILITY OF THE STATE AGENCY TO THE ORGANIZATION, THE JUDICIAL EXAMINER ' S OPERATION

What? 39. The state governing body for judicial oversight

1. The government unified the state on judicial oversight.

2. The Justice Department helps the Government to unify the state ' s management of the judicial examiner.

3. Ministry of Health, Ministry of Public Security, Ministry of Defence, Ministry of Finance, Ministry of Construction, Ministry of Culture, Sports and Tourism, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Science and Technology, Ministry of Agriculture and Rural Development, State Bank of Vietnam and Ministry of State, The other peer-to-state administration, and was responsible to the Government of the organization, operates judicial oversight in the field due to its management; in coordination with the Ministry of Justice in the unification of state management of judicial oversight.

4. The Provincial People's Committee is within the scope of its mandate, its powers to carry out state management of local judicial oversight.

What? 40. The mandate, the powers of the Justice Department

1. Board or agency of the state authorities have the authority to enact legislation that rules the law of judicial authority and guidelines for the implementation of those texts.

Building chairs, strategic government leaders, planning and joint development planning on judicial oversight; coordination with ministries, peer-to-peer agencies, planning and development plans to follow each field of judicial jurisdiction.

2. With a written opinion on the establishment of a public judicial oversight organization under the decision authority of the ministry, the peer-governing body of expertise, the Provincial People ' s Committee; in the case of need, the ministerial proposal, the peer and the committee. The people of the province consider, the establishment of a public judicial review organization in response to the regulatory requirements of the proceedings.

3. Building the legal knowledge fostering program for judicial examiner; in coordination with the ministry, the peer-to-peer agency in the organization of professional fostering, business and law knowledge to the judicial examiner.

4. Rally, set up and post a joint list of individuals, organize the judicial examiner on the Department of Justice ' s Electronic Information Portal.

5. The foreman to carry out the duties of the state administration on the judicial authority of the ministry, the peer agency and the Provincial People 's Committee; the order, the peer agency and the Provincial People' s Committee to report on the organization, the judicial examiner ' s operation; the Government report on organization, the activity of judicial oversight within the country.

6. Host or nominate, peer-to-peer agency, the Provincial People's Committee is involved in the examination, the inspection of the organization, the judicial examiner's operation.

7. Practice of state management of international cooperation on judicial oversight.

What? 41. The mission, the authority of the order, the peer-to-peer agency for the field of judicial oversight

1. The Executive Board or state agency has the authority to enact legislation that rules the law on the judicial jurisdiction in the jurisdiction of the governing jurisdiction and the direction of the implementation of those texts.

2. Board of judicial appraisal or guidelines apply the standard of expertise for judicial monitoring activities on the requirements and characteristics of the jurisdiction of the governing jurisdiction.

3. Host, in coordination with the Ministry of Justice in the decision to establish, consolidate, to sue the entire organization of public judicial jurisdiction under the regulatory authority under the provisions of this Law.

4. Appointment, dismissal of judicial examiner by jurisdiction; and publish and publish the list of judicial examiner under the incident, the organization of judicial examiner pursuits to the stipulation at paragraph 1 Article 20 of this Law.

5. Security guarantees, equipment, regulatory facilities, and other essential physical conditions for the public regulatory authority organization under the management of the management response required to be delivered.

6. Every year, assessing the quality of the activity of the judicial review organization, the organization of judicial examiner pursuant to the incident, the judicial examiner in the field of management jurisdiction.

7. Regulation of facilities on facilities, equipment, regulatory vehicles of the Office of Judicial Jurisdiction in the field of management jurisdiction.

8. Build and organize the program, plan to fostering judicial oversight, knowledge of law to the judicial team of the governing body in the field of jurisdiction.

9. Check, inspect and resolve the complaint, denounce the organization, which operates judicial appraisal in the field of regulatory authority; in coordination with the Department of Justice in audit work, the inspection of the organization, the prescribed judicial appraisal operation at the expense of 6 Article 40 of this law.

10. Perform international cooperation on judicial oversight in the field of management jurisdiction.

11. Every year, the overall conclusion of the organization, the judicial monitoring operation in the area of the jurisdiction of the administration and sending a report on the Ministry of Justice to sum up the Government report.

What? 42. The mission, jurisdiction of the Ministry of Health, Ministry of Public Security, Ministry of Defense

In addition to the mandate, the prescribed authority at Article 41 of this Law, the Ministry of Health, Ministry of Public Security, Ministry of Defense has a mandate, the following powers:

1. The Ministry of Health has a mandate, jurisdiction:

a) State management of the field of forensic monitoring, mental health;

b) The practice of expertise in the field of medical examiner, mental health;

c) The specific specific regulation of forensic examiner, the forensic forensic examiner;

d) Training, fostering and acute certificate of medical examiner, the prescribed mental health examiner at the point of paragraph 1 Article 7 of this Law.

2. Ministry of Public Security has a mandate, jurisdiction:

a) State management of the field of criminal engineering monitoring;

b) The standard procedure in the field of criminal engineering regulations;

c) The specific regulation of the standard criminal engineering examiner;

d) Training, fostering and acute certificate of criminal engineering regulations under regulation at the point of paragraph 1 Article 7 of this Law;

) Implementing the annual statistics of the referendum, evaluating the implementation of the appraisal and use of judicial review conclusions in the regulatory authority system under the regulatory authority;

e) The governing body of the regulatory authority that applies the provisions of the law on the appraisal and evaluation, using the conclusion of judicial review;

g) The funding, direction of the cost of paying the cost of judicial jurisdiction in the regulatory agency system under management authority;

h) Every year, summup and submit a report on the Ministry of Justice on the situation of the referendum, evaluate the implementation of the examiner and use the conclusion of judicial review in the regulatory authority system under the jurisdiction.

3. Ministry of Defense has a mandate, regulatory powers at the points, e, g and h clause 2 This.

What? 43.

1. The Provincial People's Committee has a mandate, the following powers:

a) The establishment of the organization of public justice organization; the decision to allow the establishment of the Office of Judicial Supervision; and to publish and publish a list of judicial monitoring organizations, the organization of judicial oversight according to local employment;

b) Appointment, dismissal of judicial examiner by jurisdiction; and publish and publish a list of local judicial judges;

c) The guarantee of funding, means of operation, facilities and other necessary conditions for the organization of public judicial monitoring in the locality;

d) The organization of professional fostering, business and law knowledge for the local judicial examiner in the locality;

Every year, assessment of the organization, quality of the activity of judicial monitoring in the locality; ensuring the number, the quality of the judicial review team, the judicial examiner according to the incident, in time, has the quality of the assessment of the operation. Local praise;

e) Check, inspector, and resolve the complaint, denouncing the judicial examiner under jurisdiction; in coordination with the Ministry of Justice in the inspection, inspection of the organization, the prescribed judicial jurisdiction in accordance with provisions at paragraph 6 Article 40 of the Law;

) Report the Ministry of Justice on the organization, local judicial monitoring activities, while sending the ministry, the peer-to-peer authority to carry out the task of governing the state of regulation in the articles 40, 41, and 42 of the Law.

2. The Justice Department is responsible for helping the People 's Provincial Committee to manage the state on local judicial oversight; presiding, in coordination with the professional body that helps the Provincial People' s Commission manage the activities of the Office of Judicial Jurisdiction.

The professional body of the Provincial People 's Committee helps the People' s Commission to the same level of state management on the field of specialized judicial monitoring, which is responsible to the Provincial People ' s Committee on the organization, which operates judicial monitoring in the management sector; coordination. In addition to the Department of Justice, the Committee of the People's Committee is on the same level as the state administration of local judicial oversight.

What? 44. The responsibility of the Supreme People 's Court, the Supreme People' s Control Institute

1. The Guide applies the provisions of the law on the assessment and evaluation, using the conclusion of the judicial review in the civil court system, the People's Control Institute.

2. Implemendation of the statistical regime of the referendum, evaluating the implementation of the decision and use of the conclusion of judicial review in the civil court system, the Institute of People's Control, and the National Assembly report in the annual work report.

3. Coordinate with the Ministry of Justice in the implementation of the statistical regime, the report on the referendum, assessing the implementation of the assessment and the use of judicial review conclusions.

4. Asking for funding, instructs the cost of the cost of judicial oversight in the People 's Court agency system, the People' s Control Institute.

Chapter VIII

MOM THE EXECUTION.

What? 45.

1. This law took effect from 1 January 2013.

2. French Judicial Monitoring Command 24 /2004/PL-UBTVQH11 The effect of this law came into effect.

3. Since this Law is in effect, the provisions of the Criminal Procedal Code, the Civil Procedal Code, the Administrative Procedal Code of the judicial examiner which has other content with this Law applies the provisions of the Law.

What? 46. Details regulation and execution guidelines

The government, the Supreme People 's Court, the Supreme People' s Control Institute rules the details, the guidelines for the implementation of the things, the paragraph delivered in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the third session through June 20, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong