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Administrative procedures

Procedure 01: Issue a license for establishment the judicial expertise office
Update day:09-12-2016

 

Order of execution

Step 1: The expert wishing to establish the judicial expertise office prepares documents as stipulated and submits them at the Division of Receiving and Returning Results of administrative documents (the One-Stop Division) – Hanoi City Department of Justice.

Step 2: An officer receives and inspects the documents as submitted:

+ If the documents are submitted in full as stipulated, receive and issue a return note.

+ If the documents are not submitted in full as stipulated, guide the citizen to supplement and complete documents as stipulated.

+ If the documents are not under the jurisdiction of the unit, guide the citizen to the competent agency as stipulated.

Step 3: An one – stop officer inputs the documents into the book and transfers them to the Judicial Support Division for solving as stipulated.

Step 4: The Judicial Support Division receives, inspects and handles the documents as stipulated.

+ If documents are in full and correct as stipulated, the Department of Justice gives a written request enclosed with documents for licensing to establish the judicial expertise office to People’s Committee of the City for consideration and determination within a duration as stipulated.

Where any issue to be certified arises in the course of settlement, notify the One – Stop Division of giving a notice to the citizen or re-notifying time for returning results.

Step 5: After results are available, the Judicial Support Division transfers them to the One- Stop Division to provide results to the citizen  according to the return note.

 

Methods of implementation

* Documents are submitted directly to the Division of Receiving and Returning Results of administrative documents – Hanoi City Department of Justice.

Place of receiving documents: The Division of Receiving and Returning Results of administrative documents – Hanoi City Department of Justice.

Add: No 1B Tran Phu, Ha Dong, Hanoi

Tel:  0433.546.151 or 0433.546163

 

Composition of documents

1. Application for licensing to establish the judicial expertise office, including contents as stipulated in clause 1, Article 13 of Decree No 85/2013/ND-CP dated July 29, 2013 on detailing and guiding implementation of judicial expertise law.

2. Copy of Decision for appointment of judicial expert.

3. Draft of the regulation on operation and organization of judicial expertise office, including contents as stipulated in clause 2, clause 3, Article 13 of Decree No 85/2013/ND-CP.

4. Plan for establishing the judicial expertise office specifying purposes of establishment, expected name, human resources, location of head office, conditions for facilities, equipment, expertise means as stipulated by the Ministry, the ministerial – level agency in charge of managing operations in the expertise and plan of implementation.

 

Quantity

01 set

 

Term of settlement

30 working days after receiving all legal documents, where:

+ 20 working days after receiving all documents, the Department of Justice considers, inspects, discusses with the head of the specialized agency of People’s Committee of the city in charge of managing judicial expertise; submits to Chairman of People’s Committee of the city for consideration and determination.

+ 10 working days after the Department of Justice submits documents, People’s Committee of the City considers and approves or refuses to allow to establish the judicial expertise office. The applicant has right to make a claim under the laws.

 

Object of implementation

Individual

 

Implementing agency

- The agency competent to decide: Hanoi City People’s Committee

- The agency implementing directly: Department of Justice (Judicial Support Division)

 

Results of implementation

- Decision for establishing the judicial expertise office

 

Fee

None

 

Name of form

None

 

Requirements, conditions of implementation

 

 

1. The applicant shall act as judicial expert in the line of proposing to establish the office within at least 05 years or more; have the plan for establishment as stipulated in point d, clause 2, article 16 of judicial expertise law.

2. Name of the judicial expertise office shall include the phrase “judicial expertise office” and later separate name. Selecting the name and attaching the sign of the office is made under the laws.

3. The officer, official, soldier, member of People’s Public Security, professional worker, defence worker shall not establish the judicial expertise office.

 

Legal bases

1. Judicial expertise law in 2012;

2. Decree No 85/2013/ND-CP dated July 29, 2013 of the Government detailing and guiding implementation of judicial expertise law.

Attachments:

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