Can persons without university degrees work as subject-matter judicial experts in financial sectors in Vietnam?

Can persons without university degrees work as subject-matter judicial experts in financial sectors in Vietnam?

Pursuant to Article 5 of Circular 40/2022/TT-BTC stipulating standards for appointment as public expert officers or designation as subject-matter judicial experts as follows:

1. Vietnamese nationals permanently residing in Vietnam who meet the standards specified in clause 1 of Article 7 in the Law on Judicial Expertise and are not classified as those bound by clause 2 of Article 7 in the Law on Judicial Expertise may be appointed as public expert officers in the financial sector.

2. Vietnamese nationals permanently residing in Vietnam who fully meet the standards stipulated in clause 1 of Article 18 in the Law on Judicial Expertise may be designated as subject-matter judicial experts.

If those who do not hold undergraduate degrees as required in clause 1 of Article 18 in the Law on Judicial Expertise have acquired specialized knowledge and a lot of practical experience in the target sectors, they may be designated as subject-matter judicial experts.

Thus, people without a university degree can still work as subject-matter judicial experts in the financial sector. In this case, it is necessary to have specialized knowledge and a lot of practical experience in the target sectors are considered and appointed in Vietnam.

If financial-sector public expert officer’s cards is blurred, can they be re-issued in Vietnam?

According to Article 8 of Circular 40/2022/TT-BTC, stipulating reissuance of public expert officer’s cards as follows:

1. A new card of the financial-sector public expert officer shall be reissued if the previous card is lost, damaged (e.g. torn, dirty, blurry) totally or there is any change in information shown on the card.

2. Documentation requirements, procedures and processes for reissuance of cards of financial-sector public expert officers shall be subject to Article 8 of the Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice, prescribing specimens of cards, procedures and processes for issuance or reissuance of new cards of public expert officers.

According to this Article, the financial-sector public expert officer’s cards will be re-issued when the card is blurred (damaged) and cannot be used in Vietnam.

Do I need a curriculum vitae for dossiers of appointment of judicial experts in the financial sector in Vietnam?

Article 6 of Circular 40/2022/TT-BTC stipulates dossiers of appointment, issuance of the public expert officer’s cards, termination of employment and revocation or withdrawal of the public expert officer’s cards as follows:

1. Dossiers of appointment, issuance of cards, termination of employment and revocation or withdrawal of the financial-sector public expert officer’s cards shall be subject to Article 8 in the Law on Judicial Expertise; clause 4 and 6 of Article 1 in the Law on Amendments and Supplements to several Articles of the Law on Judicial Expertise and the Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Ministry of Justice, regulating specimens of cards, procedures and processes for issuance of new public expert officer’s cards or reissuance of public expert officer’s cards.

2. Notwithstanding clause 1 of this Article, dossiers of appointment, issuance of public expert officer’s cards, termination of employment and revocation or withdrawal of public expert officer’s cards shall conform to the following regulations:

a) Dossier of appointment and issuance of cards of financial-sector public expert officers working at the Ministry of Finance.

- Written request for appointment as a public expert officer and issuance of a public expert officer’s card that is filed by a subordinate unit of the Ministry of Finance where the nominee for a public expert officer is working.

- Copies of qualifications proving that the nominee has graduated from a training course as provided in point b of clause 1 of Article 7 in the Law on Judicial Expertise; competent authorities’ letters of recognition of qualifications issued by foreign educational institutions.

- Curriculum vitae attested by the competent authority.

- Written confirmation of the on-duty period of the nominee for public expert officer that is given according to Appendix I hereto.

If the nominee for public expert officer has actually worked in the sector in which he/she has been trained at another subordinate unit of the Ministry of Finance or at another agency or organization (unit) before being proposed for a public expert officer, the period during which he/she has worked in the sector in which he/she has been trained must include the actual period during which he/she works at the proposing unit and the actual period during which he/she works at another unit.

- 02 portrait photo, size 2cm x 3cm (taken for the latest six months) of the nominee for public expert officer.

b) Dossier of termination of employment, revocation or withdrawal of the card of the financial-sector public expert officer at the Ministry of Finance:

- Written request for termination of employment, revocation or withdrawal of the card of the judicial expert officer working for the subordinate unit of the Ministry of Finance, management of the public expert officer or application for termination of employment of the public expert officer.

- Written documents or papers proving that the public expert officer falls into one of the cases in which he/she is discharged from his/her office as provided in clause 6 of Article 1 in the Law on Amendments and Supplements to several Articles of the Law on Judicial Expertise.

Thus, the dossiers for appointment and issuance of financial-sector public expert officer’s cards must have a curriculum vitae in Vietnam.

Best Regards!