Decree No. 02/2026/TTLT-BCA-BQP-BTP-VKSNDTC-TANDTC on the Summoning, Request for Expert Appraisal and Evaluation, Use of Judicial Appraisal Conclusions in the Process of Handling Criminal Cases and Criminal Incidents

 

 

 

JOINT CIRCULAR

Regulations on the solicitation, request for expert appraisal and evaluation, use of expert legal appraisal conclusions in the process of handling criminal cases

Based on Criminal Procedure Code No. 101/2015/QH13, which has been amended and supplemented by Decree Nos. 02/2021/QH15, Decree Nos. 34/2024/QH15, Decree Nos. 59/2024/QH15, and Decree No. 99/2025/QH15;

 

 

 

Based on

Expert Appraisal Law No. 105/2025/QH15; Based on the Law on Issuing Normative Legal Documents No. 64/2025/QH15, which has been amended and supplemented by Decree No. 87/2025/QH15;

The Minister of

Public Security, The Minister of Defense, The Minister of Justice, The Chief Procurator of the Supreme People's Procuracy, and the President of the Supreme People's Court jointly issue this Circular on regulations for solicitation, request for expert appraisal and evaluation, use of expert legal appraisal conclusions in the process of handling criminal cases. CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of Application

 

This Joint Circular specifies detailed provisions under point

a clause 1 Article 8 of the Expert Appraisal Law regarding principles, responsibilities, delegation, circumstances for soliciting expert appraisals, procedures and formalities for solicitation, request for expert appraisal and evaluation, use of expert legal appraisal conclusions in the process of handling criminal cases. Article 2. Scope of Application

1. Persons who solicit expert appraisals, persons who request expert appraisals as provided by law.

2. Expert appraisers, organizations conducting expert appraisals, appraisal boards as provided by law.

3. Other relevant agencies, units, organizations, and individuals.

Article 3. Principles of Solicitation, Request for Expert Appraisal and Evaluation, Use of Expert Legal Appraisal Conclusions

 

1. The solicitation and request for expert appraisals must ensure:

a) Objectivity, with grounds, appropriate to the subject matter, circumstances, authority, and carried out in accordance with procedures and formalities as stipulated by

Criminal Procedure Code, Expert Appraisal Law, and other relevant normative legal documents. b) Timeliness immediately after identifying and collecting the subject of appraisal to avoid changes, damage, or loss of information, characteristics that are valuable for proving the subject matter of appraisal and ensure the progress in handling criminal cases.

c) The subject of appraisal must be collected, preserved, sealed, transported, transferred, received according to legal provisions;

ensuring the integrity, authenticity, continuity of the process of managing the subject of appraisal, solicitation, request for expert appraisals, except in cases where objective reasons require intervention in the subject of appraisal during the execution of solicitation and request for expert appraisals. 2. The evaluation and use of expert legal appraisal conclusions must ensure: a) Accuracy, independence, objectivity of the expert legal appraisal conclusion.

b) The content of the expert legal appraisal conclusion must be consistent with the requirements of the appraisal and the subject matter of appraisal in the criminal case.

c) Only use the expert legal appraisal conclusion when it is based on grounds, lawful, and consistent with the course of events in the criminal case.

b) The content of the expert conclusion must be consistent with the requirements and subject matter of the expert examination in the criminal case or incident.

c) Expert conclusions shall only be used when they are based on sufficient grounds, lawful, and consistent with the course of events in the criminal case or incident.

 

Chapter II

REGULATIONS ON THE CONDUCT OF LEGAL EXPERTISE VOTING

 

Article 4. Classification of Legal Expertise Voting

1. For criminal cases and proceedings within the jurisdiction of central authorities or individuals with investigative powers, such voting may be conducted by a central legal expertise organization or individual, or a local legal expertise organization or individual, or an organization or individual from a ministry, agency at the same level as a ministry, or an agency under the Government with a presence in the locality.

2. For criminal cases and proceedings within the jurisdiction of local authorities or individuals with investigative powers, such voting shall be conducted by a local legal expertise organization or individual, or an organization or individual from a ministry, agency at the same level as a ministry, or an agency under the Government with a presence in the locality.

3. Local authorities or individuals with investigative powers may only request central legal expertise organizations to conduct such voting in the following circumstances:

a) The criminal case involves multiple provinces or cities and has complex characteristics that exceed the capabilities of local legal expertise organizations;

b) A re-voting is required for a criminal case where the local legal expertise organization has already conducted an initial vote, but the local legal expertise organization lacks the conditions to conduct a re-vote;

c) Where the central legal expertise organization has issued a document agreeing to accept and conduct the voting;

d) In cases where a local investigative agency conducts investigations at the request of a central investigative agency. In such circumstances, the local investigative agency must notify the central investigative agency in writing so that the central investigative agency can obtain an agreement from the designated central legal expertise organization before requesting the voting as stipulated in Clause 2, Point d, Article 28 of the Legal Expertise Law.

Article 5. Circumstances for Conducting Legal Expertise Voting

1. Authorities with jurisdiction over legal expertise must conduct such voting for cases specified in Article 206 of the Criminal Procedure Code. Code Criminal Procedure Code.

2. Supplementary, re-voting, or convening a panel of experts to conduct such voting shall be carried out according to the provisions of Articles 210, 211, and 212 of the Criminal Procedure Code, Article 32, and Article 33 of the Legal Expertise Law. 3. Conducting legal expertise at the request of a party or their representative as specified in Article 207 of the Criminal Procedure Code. of Criminal Procedure, Articles 32 and 33 of the Law on Judicial Appraisal.

4. Authorities with jurisdiction over legal expertise shall decide to conduct such voting based on evidence and documents collected, provisions of laws regarding issues that need to be proven in criminal cases, and the list of professional fields for legal expertise issued by the Minister or Head of a ministry responsible for the field of legal expertise. In necessary cases, they may consult with organizations or individuals who are expected to be requested for such voting or specialized agencies to obtain a basis for deciding on the request. 5. Authorities with jurisdiction over legal expertise shall not conduct such voting if evidence and documents in the case file have clarified all issues that need to be proven; however, if additional professional information is needed for consideration and evaluation, they may directly exchange views, organize meetings, or seek written opinions from relevant organizations or individuals. 6. Where the content of the request involves multiple fields under the responsibility of different organizations, it shall be conducted in accordance with the provisions of Clause 6.

4. The authority responsible for requesting an expert examination shall base its decision to request such an examination on evidence, documents collected, legal provisions regarding issues that need to be proven in a criminal case or incident, and the list of professional fields and specialties for appraisals issued by the Minister or Head of the Agency managing the relevant appraisal field. In cases where necessary, they may consult with the intended expert examiner or specialized organizations/persons to obtain a basis for deciding on the request.

5. The authority responsible for requesting an expert examination shall not request such an examination if the evidence and documents in the case file have already clarified the issues that need to be proven; however, if additionalprofessional information is needed to consider or evaluate, they may directly consult with relevant organizations/persons. 6. In cases where the subject of the expert request involves multiple fields under the responsibility of different organizations, it shall be carried out in accordance with the provisions at

paragraph 6 b) The authority responsible for requesting an expert examination shall base its decision on the requirements of investigative activities, as stipulated in Article 208 Article 26 of the Law on Forensic Expertise.

Paragraph 7. In case there arises a dispute in the process of requesting forensic expertise, it shall be handled in accordance with the provisions of paragraph 7 of Article 26 of the Law on Forensic Expertise.

Article 6. Preparation for Requesting Forensic Expertise

Paragraph 1. Preparation of the object to be examined and related documents, comparison samples (if any)

a) The authority or person authorized to request forensic expertise shall prepare the object to be sent for examination based on the requirements of investigative activities to determine and select the object. Depending on the field of expertise and the purpose of requesting forensic expertise, the authority or person authorized to request forensic expertise must prepare sufficient objects to be examined, related documents, and comparison samples (if any). Paragraph c) In case there are multiple samples for examination, the authority or person authorized to request forensic expertise may collect representative samples for examination in accordance with the provisions of Article 7 of this Joint Circular. Paragraph d) In case the object to be examined cannot be moved, the process of requesting forensic expertise can be carried out in accordance with the provisions of Article 8 of this Joint Circular. Paragraph e) The objects to be examined and comparison samples (if any) sent for examination must be described in full detail regarding physical characteristics, shape, color, quantity, markings, dimensions (if applicable), sealed according to regulations, and preserved in their sealed state;

Paragraph f) In case forensic expertise is requested for damage or health injuries of the victim where the location of residence cannot be determined, the victim has left the country, or it is not possible to conduct the examination at the place of residence or treatment, forensic expertise can be conducted on records if conditions permit according to the procedures for forensic expertise as stipulated by the Ministry of Health.

Paragraph 2. Determination of the Organization or Individual to Conduct the Examination

a) The authority or person authorized to request forensic expertise shall select an official forensic expert organization, a forensic expert organization based on cases, or a forensic expert, individual forensic expert with appropriate professional expertise in accordance with the provisions of Article 4 of this Joint Circular and the requirements and time limits for investigative activities. b) The authority requesting forensic expertise shall not choose organizations or individuals falling under the following categories to conduct the examination: those specified in paragraph 2 of Article 38 of the Law on Forensic Expertise; forensic expert offices for specialties such as DNA, documents, digital and electronic evidence, fingerprint traces, except in special cases as stipulated in paragraph 3 of Article 19 of the Law on Forensic Expertise. Paragraph 3. Determination of the Scope of Examination Request and Time Limit

a) The content of the examination request stated in the decision to request forensic expertise must be concise, complete, accurate, scientific, single-minded, and technical; it should be consistent with the object being examined and each field or specialty of expertise. The language used shall be common and standardized.

b) In case the examination request involves multiple fields of expertise within the scope of several forensic expert organizations, the determination of the content of the examination request is carried out in accordance with the provisions of paragraph 6 of Article 26 of the Law on Forensic Expertise.

Paragraph 4. Issuance of Decision to Request Forensic Expertise

a) After preparing sufficient objects to be examined, related documents, and comparison samples (if any), determining the organization or individual to conduct the examination, the content of the examination request, and the time limit for the examination, the authority or person authorized to request forensic expertise shall issue a decision to request forensic expertise.

b) The decision to request forensic expertise is carried out in accordance with the model form issued by competent authorities in accordance with legal provisions.

c) In cases of forensic medical examinations for injuries and sexual offenses, the authority or person authorized to request forensic expertise shall issue a decision to request forensic expertise immediately upon receiving a criminal case if all procedures and conditions for examination are met. Paragraph 5. Where necessary, the authority or person authorized to request forensic expertise may exchange views with the organization or individual who is expected to be requested for examination to agree on the object to be examined, related documents, or comparison samples (if any) sent for examination, the content of the examination request and the time limit for conducting the examination. In case exchanges are made in writing, within five working days from the date of receipt of the request from the authority or person authorized to request forensic expertise, the organization or individual expected to be requested for examination must provide a written response, cooperate by providing professional information to the requesting authority or person.

Paragraph 6. Within twenty-four hours from the issuance of the decision to request forensic expertise, the authority or person authorized to request forensic expertise shall deliver or send the decision to request forensic expertise, the object to be examined, related documents, or comparison samples (if any) to the organization or individual conducting the examination; and send the decision to request forensic expertise to the competent procuratorate for exercising public prosecution rights and supervising the handling of criminal cases.

 

Code of Criminal Procedure, Article 30 of the Law on Judicial Appraisal and the maximum appraisal deadlines for each field or specialty issued by the Minister or Head of the Agency to determine the appraisal deadline in the decision to request an expert examination. 4. Issuing a decision to request an expert examinationa) After preparing the objects to be appraised, relevant documents, and comparison samples (if applicable), determining the organization/persons to be requested for the appraisal, the content of the appraisal request, and the deadline for the appraisal, the authority responsible for requesting an expert examination shall issue a decision to request an expert examination;

b) The decision to request an expert examination shall be carried out according to the form prescribed by competent authorities in accordance with legal provisions;

c) For forensic medical examinations and sexual assault appraisals, the authority responsible for requesting an expert examination must issue a decision to request an expert examination immediately upon receiving a criminal case or incident if all procedures and conditions for appraisal are ensured.

5. In cases where necessary, the authority responsible for requesting an expert examination may consult with the intended expert examiner or specialized organizations/persons to agree on the objects to be appraised, relevant documents, or comparison samples (if applicable) submitted for appraisal, the content of the request and the deadline for conducting the appraisal.

In cases where consultations are conducted in writing, within 5 working days from the date of receipt of the request from the authority responsible for requesting an expert examination, the intended expert examiner or specialized organizations/persons must respond with a written reply, providing relevant professional information to the requesting authority.

6. Within 24 hours from issuing the decision to request an expert examination, the authority responsible for requesting shall deliver or send the decision to request an expert examination, the objects to be appraised, relevant documents, and comparison samples (if applicable) to the organization/persons conducting the appraisal; also send the decision to request an expert examination to the competent People's Procuratorate exercising public prosecution and supervisory functions over the handling of criminal cases. 1. In cases where the object of the appraisal is a crime scene, construction project, production line, technical system, digital infrastructure, or other objects that cannot be moved or moving which poses a risk of altering the status quo, nature, characteristics, then the appraisal shall be conducted on-site in accordance with the decision to request an expert examination issued by the authority responsible for requesting.2. The authority responsible for requesting an expert examination shall cooperate with the organization/persons conducting the appraisal to ensure access to the object of the appraisal, technical conditions, safety, and protection of the status quo.

3. In cases where direct appraisal cannot be conducted, the appraisal may be carried out based on documents, materials, or electronic data collected legally, ensuring the ability to verify and compare.

sealing of the object of the appraisal shall be carried out at the receiving agency/unit/organization or the place where the appraisal is conducted, with representatives from both the authority responsible for requesting and the organization/persons conducting the appraisal; when unsealing, photographs (or video recordings) must be taken to record the sealed status, condition before and after unsealing, and a record of unsealing shall be made.

Article 7. Sampling for Representative Appraisal

1. In cases where the object of appraisal has a large number of samples, significant weight, or large size that cannot be or are not necessary to be submitted entirely for appraisal; the object to be appraised is homogeneous or can be divided into lots, batches, packages, or production cycles; the object to be appraised is prone to deterioration, spoilage, or difficult to preserve during the appraisal process; or the object to be appraised poses a risk of causing safety hazards, environmental pollution, or incurring significant costs if fully appraised, the authority or person with the right to request an appraisal may sample representative samples for such appraisal.

2. The authority or person with the right to request an appraisal decides on the sampling of representative samples after exchanging and agreeing with the organization or person requested for appraisal; in cases where necessary, they can seek the opinion and cooperate with relevant professional organizations or agencies to uniformly decide on the sampling of representative samples, ensuring that:

a) The sample must be representative of the entire evidence or object to be appraised;

b) It does not alter the nature or evidentiary value of the evidence or object to be appraised;

c) It is consistent with the scope of the requested appraisal and the characteristics of the evidence or object to be appraised;

d) It ensures objectivity, transparency, and can be inspected and compared;

e) It guarantees the minimum quantity and weight required for the appraisal.

3. Procedure for sampling representative samples:

a) Open the sealed evidence according to the decision of the authority with the right to do so;

b) Conduct the collection of representative samples; c) Prepare an inventory record for the collection of representative samples, which must clearly indicate:

location of sampling; method and preservation of the representative sample; quantity and weight of the representative sample; condition of the evidence before and after sampling; in cases where necessary, photographs or recordings of the sampling process may be taken; d) Seal the object to be appraised and remaining evidence according to regulations.4. Preservation and Use of Representative Samples

a) The representative sample must be sealed and preserved appropriately in accordance with the characteristics of the object to be appraised;

b) The representative sample may only be used within the scope of the requested appraisal;

c)

In cases where the representative sample is consumed or cannot be returned after the appraisal, it must be clearly recorded in the inventory and the conclusion of the appraisal.

5. Responsibilities for Sampling Representative Samples: a) The authority requesting the appraisal is responsible for the decision to take representative samples for such appraisal; ensuring that the sampling is conducted according to the provisions of paragraphs 2 and 3 of this Article. b) The appraiser or judicial appraiser is responsible for the representative sample and the conclusion based on the representative sample.

Article 8. Appraisal in Cases Where the Object of Appraisal Cannot Be Moved

1. In cases where the object of appraisal is a scene, construction project, production line, technical system, digital infrastructure, technological platform, or other objects that cannot be moved or moving which poses a risk of altering the status quo, nature, or characteristics, the appraisal shall be conducted on-site according to the decision of the authority with the right to request an appraisal.

2. The authority or person with the right to request an appraisal coordinates with the organization or person requested for appraisal to ensure access conditions to the object of appraisal, technical conditions, safety, and protection of the status quo.

3. In cases where direct appraisal cannot be conducted, the appraisal may be carried out based on legally collected documents, materials, samples, or electronic data that can be verified and compared.

b) In cases where received through postal or courier services, the individual or representative receiving the request for expert examination when unsealing must take photographs (or video recordings) to record the sealed status, condition before and after unsealing, and make a record of unsealing, and hand over the object of the appraisal.

 

those specified at

point a

Article 9. Sealing, Unsealing of Objects for Appraisal

1. Sealing of Objects for Appraisal

a) The object for appraisal shall be sealed and stored in its original condition, characteristics, size, and shape , except as provided inpoint c clause 1 of this Article. b) In the case where the object for appraisal has a large volume or cannot be moved, it shall be sealed in parts or on important portions of the object for appraisal. These are sections or positions of evidence that have one of the following characteristics: containing direct evidence related to criminal behavior; having significant value as proof to clarify the content of the case or incident; being capable of being affected by actions that would alter, damage, or misrepresent evidence, thereby impacting the evaluation of the evidence.

The determination and selection of important portions for sealing shall control access and unauthorized influence on the object for appraisal and not affect the evidentiary value of the evidence.

For motor vehicles or complex structured objects as evidence, sealing shall be carried out in combination at positions controlling access to and use of the object for appraisal (such as doors,

cargo compartments , locking systems, control mechanisms) and positions where there are traces related to criminal behavior.Sealing shall be documented by a record describing the current condition, photographs or video recordings of the object for appraisal, which clearly show the location and characteristics of the sealed portions to facilitate verification when necessary.

In cases where full sealing cannot be achieved as per the aforementioned provisions, additional appropriate preservation measures must be applied to ensure that the state of the object for appraisal remains unchanged.

c) For loose or dispersed objects (such as tree branches, knives, sand, stones, or similar evidence), sealing shall be carried out in accordance with practical conditions to maintain their original condition and preserve the traces. In cases where there are insufficient specialized equipment to seal all of the object, sealing shall be applied to important portions according to regulations; simultaneously, additional measures must be taken to control and protect the evidence. Sealing may be conducted using available means but must ensure: clear identification marks; detection of unauthorized opening or tampering; no impact on the traces of the evidence.

In cases where there is a risk of loss, dispersion, damage, or alteration of traces, additional preservation measures such as collection, classification, storage in bags, boxes, or suitable containers; demarcation, marking, and establishment of area diagrams for non-movable evidence; and transfer to an organization with appropriate conditions for custody must be applied.

In cases where sealing cannot be carried out immediately due to objective circumstances, the authority requesting appraisal shall promptly establish control measures to protect the current state and complete the sealing process as soon as possible.

d) The authority requesting appraisal shall decide whether to seal or not based on the condition and characteristics of the object for appraisal when sending it for appraisal.

In cases where the object for appraisal is not sealed, the authority requesting appraisal must specify the reasons in the record of receipt of the object for appraisal sent for appraisal.

2. Unsealing of Objects for Appraisal

a)

The unsealing of objects for appraisal shall be conducted at the agency, unit, or organization receiving the request for appraisal or where the appraisal is being carried out, with representatives from both the party handing over (the authority requesting appraisal) and the party receiving (the entity conducting the appraisal). When unsealing, photographs (or video recordings) must be taken to document the sealed condition and state of the object before and after unsealing. A record of unsealing shall be made, and the object for appraisal shall be handed over. b) In cases where receipt is through mail or courier services, the individual or representative from the agency, unit, or organization receiving the request for appraisal must take photographs (or video recordings) to document the sealed condition and state of the object before and after unsealing. A record of unsealing shall be made, and the object for appraisal shall be handed over. paragraph 1 of this Article.

2. Scope of the right to request an expert examination in resolving criminal cases or incidents

Article 10. Submission and Receipt of Forensic Examination Files

1. The forensic examination files and the subject matter to be examined, relevant documents or comparison samples (if any) are sent to the organization or individual requested to perform the examination by mail, courier service, electronic means, or direct delivery. The submission and receipt of forensic examination files for judicial purposes shall be carried out in accordance with Article 29 of the Forensic Examination Law and other related laws.

2. In cases where submission and receipt are conducted electronically

a) The competent authority or person requesting the forensic examination issues an electronic request decision using digital signature and sends it to the organization or individual requested to perform the examination through specialized software. The procedures and processes shall be carried out in accordance with the provisions of the document detailing the implementation of Article 131, paragraph 3 of Article 132, and Article 141 of the Code. Code Criminal Procedure;

b) The forensic examination files and relevant documents accompanying the request decision are sent in electronic data form, except where it is impossible to digitize due to the nature of the document;

c) The subject matter to be examined is submitted or sent by mail according to the law; the submission and receipt of the subject matter must be linked with the electronic case file and managed using the digital identifier of the subject matter;

d) The, and e) The submission, receipt, relevant documents or comparison samples (if any) must be recorded electronically to ensure that the time of submission and receipt, sealing status, and the party involved can be determined.e) In cases where the subject matter is damaged, lost, or cannot be returned, this content must be reflected in the electronic file, minutes, and forensic examination conclusion.

3. The acceptance of requests for forensic examinations and allocation for performance are carried out in accordance with Article 28, paragraphs 3 and 4 of the Forensic Examination Law.

Article 11. Submission and Receipt of Forensic Examination Conclusions and Post-Examination Subject Matter 1. The forensic examination conclusion is submitted to the competent authority or person requesting the examination by mail, electronic means, or direct delivery to a representative of the competent authority. 2. The subject matter after the examination (if any) shall be preserved and transferred to the competent authority or person requesting the examination for handling in accordance with relevant laws. The competent authority or person requesting the examination is responsible for receiving the subject matter after the receipt of the forensic examination conclusion; if the subject matter after the examination (if any) is transferred to a representative of the competent authority along with the forensic examination conclusion, it must be sealed and recorded according to legal provisions.

3. The submission and receipt of forensic examination conclusions and post-examination subject matter (if any) shall be documented in accordance with legal provisions by means of minutes.

Chapter III

PROVISIONS ON THE REQUEST FOR JUDICIAL FORENSIC EXAMINATION Article 12. Rights to Request Forensic Examination 1. Persons entitled to request forensic examination

a) Civil plaintiff, civil defendant, or persons with rights and interests related to the criminal case;

 

b) The representative of those specified in point (a) of paragraph 1 of this Article.

2. Scope of the right to request forensic examination in handling criminal cases

 

a) The right to request forensic examination arises only after the person entitled to request has requested the competent authority or person with jurisdiction to perform the forensic examination but was refused in writing, or after seven days from the date the competent authority received the request for forensic examination without issuing a decision;

b) The content of the request for forensic examination shall be limited to issues related to the lawful rights and interests of the person entitled to request; it is not necessary to request forensic examination on matters related to determining criminal responsibility of

the person compelled to testify;

c) The person requesting the forensic examination may only select a public forensic examination organization or an event-specific forensic examination organization with appropriate expertise for the purpose of handling criminal cases. a) The right to request an expert examination arises only after the person entitled to request such an examination has requested the authority responsible for requesting an expert examination to conduct the examination but was refused in writing, or if 7 days have passed since the competent investigative authority received the request without issuing a decision to request an expert examination; b) The content of the request for an expert examination shall be limited to issues related to the legal rights and interests of the person entitled to request such an examination; no requests may be made regarding matters that determine criminal responsibility of the accused;

c) The person requesting an expert examination shall only select a public judicial appraisal organization or a specialized judicial appraisal organization with relevant expertise for conducting the examination in resolving criminal cases or incidents.

comprehensive, thorough

b) The content of the request for鉴定仅限于与提出请求的主体合法权利和利益相关的问题；不得要求鉴定涉及确定刑事责任的问题； c) The party requesting the鉴定仅能选择公立司法鉴定机构或具有相应专业特长的个案司法鉴定机构，在处理刑事案件时进行鉴定，全面且完整地解决案件。

d) The content of the request for鉴定应全面和完整地解决相关事项。

Article 13. Procedure for Requesting Judicial Appraisal

1. Preparation of the Judicial Appraisal Request Document

a) The party requesting judicial appraisal shall prepare a document requesting such appraisal, gather relevant documents and papers, and provide copies of identification proving their status as the party requesting judicial appraisal in accordance with the provisions of Paragraph 12 of this Circular;

b) The document requesting judicial appraisal is to be prepared in accordance with the provisions of Clause 3, Article 27 of the Judicial Appraisal Law.

2. Submission of the Judicial Appraisal Request Document

a) The judicial appraisal request document shall be submitted to the organization or individual requested to perform the appraisal by registered mail or directly handed over by the party requesting the appraisal (or their representative) to the organization or individual requested to perform the appraisal;

b) In case of submission via registered mail, it must be done in a manner that includes tracking numbers;

c) In cases where the judicial appraisal request document is submitted directly, the party requesting the appraisal or their representative shall jointly inspect and verify with the representative of the judicial appraisal organization upon delivery. If acceptance is agreed upon, the representative of the judicial appraisal organization shall prepare a receipt for the submission of the request document, related documents, comparison samples (if any), and collect the fees for the judicial appraisal.

 

Chapter IV

PROVISIONS ON ASSESSMENT AND USE OF JUDICIAL APRAISAL CONCLUSIONS

 

Article 14. Assessment of Judicial Appraisal Conclusions

The assessment of judicial appraisal conclusions shall be conducted from the following aspects:

1. Evaluation of legality a) Authority to request judicial appraisal, right to request or basis for accepting such requests;

b) Standards and conditions for judicial appraisers as stipulated in the Judicial Appraisal Law;

c) Procedures, steps for requesting, performing, and conducting judicial appraisals; time limits for completion of appraisals;

d) Collection, preservation, sealing, transfer, receipt, and management of the subject matter of appraisal in accordance with legal provisions.

Evaluation of accuracy, objectivity

2. a) Scientific basis, scientific methods, technical, professional, procedural standards for judicial appraisals; In fields where no standard procedures or professional standards exist, evaluation shall be based on optimal appraisal methods and reasonable explanations;

b) Conditions for conducting the appraisal and factors that may affect the results of the appraisal;

c) Consistency between analytical, testing, experimental findings with comments and conclusions in the appraisal.

In cases where the judicial appraisal conclusion lacks scientific basis, is unclear, contradictory or unverifiable, it shall not be used as a basis for resolving criminal matters.

Evaluation of relevance, comprehensiveness

a) The judicial appraisal conclusion must be considered and evaluated in relation to all other legally collected evidence and documents during the resolution of criminal cases, including statements, physical evidence, electronic data, case records, and related documents;

3. b) It shall not be separated from the system of evidence; if there is a contradiction between the judicial appraisal conclusion and other evidence, the reasons for such contradictions must be clarified in accordance with the provisions of criminal procedural law. liên quan, toàn diện

a) The expert opinion must be considered and evaluated in relation to all other evidence and documents lawfully collected during the process of resolving criminal cases or incidents, including statements, physical evidence, electronic data, case records, and other relevant documents;

b) Expert opinions shall not be separated from the system of evidence; where there is a contradiction between the expert opinion and other evidence, the reasons for the contradiction must be clarified in accordance with the provisions of criminal procedural law.

Article 15. Use of Judicial Appraisal Conclusions

1. A judicial appraisal conclusion is one of the grounds for competent authorities to conduct proceedings to examine and make procedural decisions in accordance with legal provisions.

2. Competent authorities conducting proceedings shall notify the content of the judicial appraisal conclusion to the suspect, defendant, victim, parties, persons entitled to request an appraisal as provided in Article 12 of this Joint Circular, and other participants in the proceedings in accordance with legal provisions. 3. In cases where it is necessary to clarify the content of the judicial appraisal conclusion, competent authorities or individuals requesting an appraisal may require the organization or individual who conducted the appraisal to explain the judicial appraisal conclusion.

Where a participant in the proceedings has objections or requests based on grounds against the judicial appraisal conclusion, the competent authority conducting proceedings may request the organization or individual who conducted the appraisal to explain the judicial appraisal conclusion or consider requesting an additional appraisal or re-appraisal in accordance with legal provisions.

The judicial appraisal conclusion shall be presented or disclosed at the trial in accordance with the provisions of

the Criminal Procedure Code. Article 16. Handling Discrepancies in Judicial Appraisal Conclusions 1. Discrepancy between an appraisal conclusion and other evidence

In cases where there is a discrepancy between the judicial appraisal conclusion and other evidence or documents collected during the handling of criminal cases, competent authorities conducting proceedings shall not exclude other evidence to use the judicial appraisal conclusion or vice versa.

Competent authorities conducting proceedings shall carry out necessary investigative activities such as confrontation, investigative experiments, collection of additional evidence, or requesting supplementary appraisals or re-appraisals in accordance with legal provisions to clarify the reasons for the discrepancy.

2. Where different judicial appraisal conclusions are made on the same content, competent authorities conducting proceedings shall examine, evaluate, and decide on the use of the judicial appraisal conclusion based on the criteria specified in Clause 4 of Article 35 of the Judicial Appraisal Law and relevant legal provisions.

In cases where discrepancies cannot be clarified, competent authorities conducting proceedings may decide to request a re-appraisal or a panel appraisal in accordance with legal provisions.

The selection and use of judicial appraisal conclusions in cases where there are multiple appraisals must ensure compliance with the evidence evaluation principles as provided in the Criminal Procedure Code.

Article 17. Value of Judicial Appraisal Conclusions in Cases Requiring Judicial Appraisal

1. A judicial appraisal conclusion issued by an appraisal organization or individual conducting an appraisal under the provisions of this Joint Circular is determined to be a source of evidence if the request for and conduct of the appraisal comply with legal provisions.

2. Competent authorities conducting proceedings shall examine, evaluate, and use the judicial appraisal conclusion as provided in Article 14 and Article 15 of this Joint Circular.

Chapter V

RESPONSIBILITIES OF COMPETENT AUTHORITIES, PERSONS WITH JURISDICTION IN PROCEEDINGS, ORGANIZATIONS AND INDIVIDUALS CONDUCTING APRAISALS AND HANDLING VIOLATIONS

 

Chapter V

RESPONSIBILITIES OF THE ORGANIZATION, PERSON WITH JURISDICTION TO PROCEED WITH PROSECUTION, ORGANIZATION, EXPERT APPRAISER AND HANDLING OF VIOLATIONS

 

Article 18. Responsibilities of Authorities and Individuals with Investigative Powers

1. Authorities and individuals with investigative powers shall be responsible for conducting expert appraisals and evaluations, using expert appraisal conclusions in accordance with their authority, proper procedures, and according to the provisions of the Criminal Procedure Code, Law on Expert Appraisal, this Circular, and other relevant legal provisions. Code 2. When requesting an expert appraisal, authorities and individuals with investigative powers shall be responsible for: a) Clearly defining the subject matter, content, and scope of the expert appraisal to match each field or specialty of expertise and the requirements for resolving criminal cases;b) Ensuring that the collection, preservation, sealing, transfer, and receipt of the appraised subject are in accordance with legal provisions;

c) Coordinating with judicial appraisal organizations and individuals to supplement the appraised subject, related documents, determine necessary conditions, methods of appraisal, and deadlines for appraisal to ensure feasibility and effectiveness;

 

d) Receiving the appraised subject after the judicial appraisal organization or individual has issued an appraisal conclusion (if applicable);

e) Promptly notifying the judicial appraisal organization or individual in writing about the suspension of case handling to halt the implementation of the appraisal.

3. Authorities and individuals with investigative powers shall be responsible for informing and publicly disclosing expert appraisal conclusions according to legal provisions, ensuring that participants in proceedings have the right to know, present their opinions, request explanations, or seek additional or re-appraisals when there is a legal basis.

4. Authorities and individuals with investigative powers are legally responsible for evaluating, selecting, and using expert appraisal conclusions during the resolution of criminal cases.

5. Annually, compile and notify judicial appraisal organizations in writing about the results of evaluating and utilizing expert appraisals. Article 19. Responsibilities of Judicial Appraisal Organizations and Individuals

1. Conduct appraisals within their specialized fields or specialties, using scientific methods, technical procedures, professional standards, and appraisal processes to ensure objectivity, truthfulness, and accuracy.

In cases where new types of appraisals do not have established appraisal procedures or professional standards, select the optimal appraisal method with a reasonable explanation.

2. Conduct appraisals when legally and professionally qualified according to the Law on Judicial Appraisal and related documents.

3. Safeguard and ensure the security of the appraised subject, except where legal provisions provide otherwise.

4. Maintain confidentiality of information related to criminal cases as per legal provisions.

5. Cooperate with requesting authorities, individuals, and investigative bodies in clarifying professional content and explaining appraisal conclusions when requested.

6. Fulfill other obligations and responsibilities according to the Law on Judicial Appraisal and relevant legal provisions.

Article 20. Responsibilities of the Procuratorate in Exercising Public Prosecution and Supervision over Expert Appraisals

4. The Procuratorate shall exercise public prosecution and supervision over the request, requirement, and utilization of judicial appraisal conclusions during the resolution of criminal cases according to legal provisions. confidential information related to criminal cases in accordance with the provisions of law.

5. Cooperate with the organization or person requesting and the organization or person with jurisdiction to proceed with prosecution in clarifying the professional content, explaining the expert opinion when requested.

6. Fulfill other obligations and responsibilities as provided by the Law on Expert Appraisal and relevant laws.

Article 20. Responsibilities of the People's Procuratorate in Requesting, Requesting, and Using Expert Appraisal Opinions

The People's Procuratorate exercises its public prosecution and supervision functions over the activities of requesting expert appraisals, evaluating, and using expert opinion opinions in resolving criminal cases or incidents in accordance with the provisions of law.

Article 21. Handling of Violations in the Solicitation, Request for Appraisal and Evaluation, and Use of Judicial Appraisal Conclusions

1. Any entity, organization, or individual who violates regulations on soliciting appraisals, requesting appraisals, evaluating, and using judicial appraisal conclusions shall be subject to handling according to the provisions of the law based on the nature and extent of the violation.

2. The competent authority responsible for managing individuals with jurisdiction over proceedings has the responsibility to examine and verify violations in the solicitation, evaluation, and use of judicial appraisal conclusions to handle public duties and impose disciplinary actions according to the provisions of the law.

3. Any entity or individual appraiser who violates legal provisions during the performance of private appraisals shall be subject to handling according to the provisions of the Law on Private Appraisal, administrative penalty laws, criminal laws, and other relevant legal provisions.

 

Chapter VI

CONDITIONS FOR IMPLEMENTATION

 

Article 22. Effective Date of Implementation

1. This Joint Circular shall take effect from May 1, 2026.

2. Any provisions in other legislative documents that are inconsistent with the provisions of this Joint Circular shall be implemented according to the provisions of this Joint Circular. Where any legislative document cited in this Joint Circular is amended, supplemented, or replaced, the referenced content in this Joint Circular will be changed and applied according to the amended, supplemented, or replaced legislative documents. 3. In the course of implementation, if there are difficulties, obstacles, or issues that require amendment or supplementation, it is requested that such matters be promptly reported to the competent advisory body assigned by the Ministry of Public Security, Ministry of Defense, Ministry of Justice, Supreme People's Procuratorate, and Supreme People's Court for compilation, advice, reporting to inter-ministerial leadership for guidance or amendment as appropriate. Minister of Justice Minister of Defense Deputy Minister

General Nguyen Van Gau

Minister of Public Security Deputy MinisterGeneral Nguyen Van Long

Prosecutor-General

Supreme People's Procuratorate

 

 

 

To::

- Standing Committee of the National Assembly;

- Committee on Law and Justice of the National Assembly;

- Office of the National Assembly;

- Office of the President;

- Office of the Government;

- Ministry of Public Security;

- Ministry of Defense;

- Ministry of Justice;

- Supreme People's Procuratorate;

- Supreme People's Court;

- Ministries, agencies at the same level as ministries, and agencies under the Government;

- Gazette;

- VT: BCA, BQP, BTP, VKSNDTC, TANDTC.