Competence conditions of ad hoc constructional judicial expertise organization in Vietnam

Recently, the Ministry of Construction of Vietnam has issued Circular No. 04/2014/TT-BXD guiding some contents on judicial expertise in constructional investment.

Điều kiện năng lực của tổ chức giám định tư pháp XD theo vụ việc?, Thông tư 04/2014/TT-BXD

According to Circular No. 04/2014/TT-BXD of the Ministry of Construction of Vietnam, the ad hoc constructional judicial expertise organization is a constructional inspection organization having competence in line with subjects and contents solicited or requested for expertise. The other constructional consulting organizations must meet the following conditions when performing the constructional judicial expertise:

1. For judicial expertise on compliance with regulations of law in constructional investment activities:

- Being able to perform one of the tasks: management of constructional project and constructional performance supervision in accordance with the contents registered for constructional judicial expertise;

- Individuals in charge of expertise performance must meet the provisions in Clause 1, Article 5 of this Circular.

2. For judicial expertise on quality:

In case of expertise on quality of constructional survey or design of works:

- Being able to perform one of the tasks: constructional survey and design, constructional design assessment in accordance with the contents registered for constructional judicial expertise;

- Individuals in charge of expertise performance must meet the provisions under Point a, Clause 2, Article 5 of this Circular.

In case of expertise on quality of materials, constructional products and works equipment:

- Being able to perform one of the tasks: constructional design, constructional experiment and constructional performance supervision in accordance with the contents registered for constructional judicial expertise;

- Individuals in charge of expertise performance must meet the provisions under Point b, Clause 2, Article 5 of this Circular.

In case of expertise of quality of constructional works parts and constructional works and expertise of incidents of constructional works.

- Being able to perform one of the tasks: constructional design and constructional performance supervision in accordance with the contents registered for constructional judicial expertise;

- Individuals in charge of expertise performance must meet the provisions under Point c, Clause 2, Article 5 of this Circular.

3. For judicial expertise on expenses of works construction, works value and other relevant expenses:

- Being able to perform one of the tasks: constructional design, expertise on construction and management of expenses of works construction in accordance with the contents registered for constructional judicial expertise;

- Individuals in charge of expertise performance must meet the provisions in Clause 3, Article 5 of this Circular.

View details at Circular No. 04/2014/TT-BXD of the Ministry of Construction of Vietnam, effective from June 15, 2014.

Ty Na

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