This Decree stipulates the management and implementation of forensic appraisal in the field of justice at the Ministry of Justice and provincial Departments of Justice. It includes contents such as scope, principles, organizational structure; mediation, request for appraisal; conducting appraisals; responsibilities of relevant units; information reporting system and enforcement.
적용 범위
This Decree applies to the Ministry of Justice, provincial Departments of Justice, and organizations and individuals related to forensic appraisal activities in the field of justice.
핵심 사항
- Regulations on the management and implementation of forensic appraisal in the field of justice
- Scope, principles, and organizational structure
- Mediation, request for appraisal
- Conducting appraisals
- Responsibilities of relevant units
- Information reporting system
🌐 이 문서의 사회적 영향
- Enhancing the effectiveness of management and implementation of forensic appraisal in the field of justice
- Strengthening legal knowledge and expertise for forensic appraisers
- Ensuring the objectivity and accuracy of appraisal conclusions
❓ 자주 묻는 질문
When does this Decree come into effect?
This Decree shall take effect from May 1, 2026.
Will Decree No. 09/2023/TT-BTP remain in force after the issuance of a new Decree?
No, Decree No. 09/2023/TT-BTP shall cease to be effective from the date this Decree takes effect.
To whom is this Decree addressed?
This Decree is sent to the following agencies: Prime Minister's Office, Office of the General Secretary, Office of the President, Office of the National Assembly, Government Office, Supreme People's Court, Supreme People's Procuratorate, Audit Agency, People's Committees of provinces and cities, Official Gazette, and other units within the Ministry of Justice.
전문
|
MINISTRY OF JUSTICE
No: 04/2026/TT-BTP |
THE SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness Hanoi, April 29, 2026 |
CIRCULAR
Regulations on Judicial Appraisal in the Field of Justice
Based on the Law on Judicial Appraisal No. 105/2025/QH15;
Based on Decree No. 09/2026/NĐ-CP dated January 10, 2026 by the President of the Republic approving the provisions on functions, tasks, powers, and organizational structure of the Ministry of Justice;
In accordance with the proposal of the Director of the Office of Supplementary Justice;
The Minister of Justice promulgates this Circular regulating judicial appraisal in the field of justice.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of Application
This Circular stipulates the scope of judicial appraisals in the field of justice; judicial appraisers, persons conducting judicial appraisals on a case-by-case basis, organizations conducting judicial appraisals on a case-by-case basis, and judicial appraisal boards; reception and implementation of judicial appraisals; application of professional standards to judicial appraisal activities; time limits for judicial appraisals; records and storage of judicial appraisal files.
Article 2. Applicability
This Circular applies to judicial appraisers, persons conducting judicial appraisals on a case-by-case basis, organizations conducting judicial appraisals on a case-by-case basis, and other agencies, units, organizations, or individuals related to judicial appraisal activities in the field of justice.
Article 3. List of Judicial Appraisal Matters in the Field of Justice
Judicial appraisals in the field of justice are appraisals concerning specialized content within the management authority of the Ministry of Justice and provincial departments of justice as provided by law, including:
1. Judicial appraisals on supplementary justice, including: notarization, authentication, asset auction, legal practice, and legal consultation.
2. Judicial appraisals on administrative justice, including: civil registration, adoption; nationality.
3. Judicial appraisals on administrative violations.
4. Judicial appraisals on the enforcement of civil judgments.
5. Judicial appraisals on construction and promulgation of normative legal documents.
6. Judicial appraisals on legal aid.
7. Judicial appraisals on administrative procedure supervision.
8. Judicial appraisals in other specialized fields or professions under the management authority of the Ministry of Justice and provincial departments of justice.
CHAPTER II
JUDICIAL APPRAISERS, PERSONS CONDUCTING JUDICIAL APPEARALS ON A CASE-BY-CASE BASIS, ORGANIZATIONS CONDUCTING JUDICIAL APPEALS ON A CASE-BY-CASE BASIS, AND JUDICIAL APPEAL BOARDS IN THE FIELD OF JUSTICE
Article 4. Qualifications for Appointment and Issuance of Judicial Appraiser's Card
The qualifications for appointment and issuance of a judicial appraiser's card as provided in points b and c of clause 1, Article 10 of the Law on Judicial Appraisal are implemented as follows:
1. Possessing a university degree or higher in law or another field of study that is relevant to the position or job, obtained from an educational institution in Vietnam in accordance with legal provisions or from an educational institution abroad and recognized for use in Vietnam.
2. Having at least five years of professional experience in the field of training since the date of recruitment, acceptance into work, or registration as a practicing lawyer, which is consistent with the field of judicial appraisal for which they are appointed.
3. Completion of a course on legal knowledge and professional appraisal skills in their specialized field organized by the Ministry of Justice.
Article 5. Recognition of Judicial Appraiser and Organizational Appraisal According to Matters
1. Based on the actual needs of judicial proceedings, the head of units under the Ministry of Justice shall, in conjunction with the Office for Support Services, select individuals who meet the criteria as stipulated in Clause 1 of Article 13 of the Judicial Appraisal Law and prepare a dossier to request the Minister of Justice to recognize such individuals as appraisers according to matters; the director of the Office for Support Services shall select specialized units that meet the conditions as stipulated in Clause 1 of Article 18 of the Judicial Appraisal Law and this Circular, and request the Minister of Justice to recognize such organizations as appraisers according to matters.
2. Based on the actual needs of judicial proceedings at the local level, the Director of the Provincial Department of Justice shall review, select individuals who meet the criteria as stipulated in Clause 1 of Article 13 of the Judicial Appraisal Law and request the People's Committee Chairperson of the province or city to recognize such individuals as appraisers according to matters; also, they shall review and select specialized units that meet the conditions as stipulated in Clause 1 of Article 18 of the Judicial Appraisal Law and this Circular, and request the People's Committee Chairperson of the province or city to recognize such organizations as appraisers according to matters.
Article 6. Conditions for Organizational Appraisal According to Matters
1. An organizational judicial appraiser according to matters in the field of justice is a state organ, unit, or specialized organization within the field of justice that meets the conditions as stipulated in Clause 1 of Article 18 of the Judicial Appraisal Law.
2. The conditions for equipment and means of appraisal by an organizational judicial appraiser according to matters in the field of justice include preservation and storage equipment for objects, files, and appraisal documents, as well as other necessary equipment that meets the requirements for conducting judicial appraisals in accordance with laws on judicial appraisals and related laws.
Article 7. Appraisal Committee
1. Where an Appraisal Committee is established at the Ministry of Justice according to Article 33 of the Judicial Appraisal Law, the head of the specialized unit responsible for the matter to be appraised shall, in conjunction with the director of the Office for Support Services and relevant units under the ministry, select members of the Appraisal Committee, submit it to the Minister of Justice for decision on establishing the Appraisal Committee; monitor and urge the implementation of the appraisal by the Appraisal Committee.
2. Where an Appraisal Committee is established at the local level according to Article 33 of the Judicial Appraisal Law, the head of the specialized unit responsible for the matter to be appraised shall, in conjunction with relevant agencies, units, and organizations at the local level, select members of the Appraisal Committee, submit it to the Chairperson of the People's Committee of the province or city for decision on establishing the Appraisal Committee; monitor and urge the implementation of the appraisal by the Appraisal Committee.
Chapter III
RECEIPT AND IMPLEMENTATION OF JUDICIAL APPRAISAL
Article 8. Receipt of Referral, Request for Appraisal
1. The Provincial Department of Justice, organizational judicial appraiser according to matters, judicial appraiser, or other specialized individuals, organizations practicing in the field of justice, local enforcement agency shall be responsible for examining and receiving requests for referral and conducting appraisals at the local level as requested by competent authorities with jurisdiction over proceedings, persons with authority to conduct proceedings at provincial and central levels within 5 working days from the date they receive a decision requesting judicial appraisal according to law.
2. The Ministry of Justice, organizational judicial appraiser according to matters, specialized units, judicial appraisers under the Ministry of Justice shall be responsible for receiving and conducting appraisals referred by competent authorities with jurisdiction over proceedings at the central level or provincial level if beyond the capacity of local judicial appraiser, judicial appraiser, or in other cases as stipulated by law. The Office for Support Services is the lead unit to advise on receipt of referral requests within the Ministry of Justice. Within 1 working day from receiving a referral decision from a competent authority, the Office for Support Services shall propose to the leadership of the ministry to assign tasks to specialized units suitable for the content of the appraisal request, providing specific advice on whether to accept or decline the appraisal; in cases where the content of the referral involves multiple specialized units, it must clearly identify the lead unit and cooperating units. Within 2 working days from receiving an assignment from the leadership of the Ministry of Justice, the specialized unit assigned shall be responsible for leading, coordinating with relevant units, providing specific advice on whether to accept or decline the referral, and submitting a proposal to the ministry's leadership. If accepting the referral, it must include a draft document appointing personnel to conduct the appraisal. The leadership of the Ministry of Justice shall examine and decide on the acceptance of the referral or refusal within 2 working days from receiving the proposal. In cases where direct referral is made, the head of the organizational judicial appraiser according to matters or specialized unit under the Ministry of Justice shall assign a unit or civil servant with relevant expertise to examine and provide advice on accepting or declining the referral within 5 working days from receiving the referral decision from a competent authority.
3. In cases where direct referral is made, judicial appraisers, civil servants in the justice sector, or practitioners in the field of justice shall be responsible for examining, receiving referrals, conducting judicial appraisals, and reporting to their supervising agency; or declining to conduct the appraisal within 5 working days from receiving a decision requesting judicial appraisal from a competent authority.
4. In the event that a request for expert appraisal is made in accordance with the provisions of the Law on Expert Appraisal, the competent professional individual or organization, or an entity practicing in the legal field at the local level, shall be responsible for considering and advising whether to accept the request for expert appraisal from their own organization or unit or refuse to perform the expert appraisal within five working days from the date they receive a request for expert appraisal from a party involved in the proceedings as provided by law.
Article 9. Refusal to Accept or Perform Expert Appraisal
1. An individual or entity that is referred, requested to provide an expert appraisal, or assigned by competent authorities to perform an expert appraisal may refuse to accept or perform a legal expert appraisal if the circumstances fall within those specified in Article 38 of the Law on Expert Appraisal or if the subject matter of the referral or request for expert appraisal does not pertain to the legal field as defined in Paragraph 3 of this Circular.
2. The refusal to perform an expert appraisal must be made in writing and should state the reasons for the refusal within five working days from the date of receipt of the referral decision or the request for expert appraisal.
Article 10. Assignment of Personnel to Perform Expert Appraisal
1. Assignment of Personnel to Perform Expert Appraisal at the Ministry of Justice
a) In cases where the Ministry of Justice is referred, based on the content of the request for expert appraisal, the head of the specialized unit designated by the leadership of the Ministry of Justice shall be responsible for selecting and proposing the assignment of an expert appraiser or person performing an expert appraisal in accordance with the case or a civil servant, staff member with appropriate professional expertise and business capability that matches the content of the request for expert appraisal. In cases where two or more individuals are assigned to perform the expert appraisal, a Working Group shall be established, with one of those proposed as the head of the Working Group.
b) In cases where a specialized unit under the Ministry of Justice is referred, based on the content of the request for expert appraisal, the head of the specialized unit performing the expert appraisal or the unit under the Ministry of Justice shall be responsible for selecting and assigning an expert appraiser or person performing an expert appraisal in accordance with the case or a civil servant, staff member with appropriate professional expertise and business capability that matches the content of the request for expert appraisal. In cases where two or more individuals are assigned to perform the expert appraisal, a Working Group shall be established, with one of those assigned as the head of the Working Group.
2. Assignment of Personnel to Perform Expert Appraisal at Local Level
a) In cases where the Department of Justice is referred, based on the content of the request for expert appraisal, the leadership of the Department of Justice shall assign a specialized unit to select and propose the assignment of an expert appraiser or person performing an expert appraisal in accordance with the case or a civil servant, staff member with appropriate professional expertise and business capability that matches the content of the request for expert appraisal. In cases where two or more individuals are assigned to perform the expert appraisal, a Working Group shall be established, with one of those proposed as the head of the Working Group;
b) In cases where another specialized unit or an entity practicing in the legal field or a local enforcement agency is referred, based on the content of the request for expert appraisal, the head of the specialized unit performing the expert appraisal or the relevant specialized unit under the Department of Justice or other specialized units or entities practicing in the legal field at the local level or the local enforcement agency shall be responsible for selecting and assigning a person with appropriate professional expertise and business capability that matches the content of the request for expert appraisal. In cases where two or more individuals are assigned to perform the expert appraisal, a Working Group shall be established, with one of those assigned as the head of the Working Group.
3. The head of the Working Group specified in paragraphs 1 and 2 hereof is responsible for assigning specific tasks to each member of the Working Group, any assistant (if applicable), and overseeing the preparation and implementation of the expert appraisal.
Article 11. Procedure for Appraisal in Judicial Field
1. The appraisal process in judicial matters shall be carried out as follows:
a) Receipt and transfer of case files, subject matter for mediation or appraisal request;
b) Preparation for appraisal;
c) Conducting the appraisal;
d) Appraisal conclusion;
d) Delivery of the appraisal conclusion;
e) Recording, storing, and preserving the appraisal file.
2. Annexed to this Circular is a flowchart of the judicial appraisal procedure (Appendix I).
Article 12. Receipt and Transfer of Case Files, Subject Matter for Mediation or Appraisal Request
1. The appraiser shall cooperate with the mediator or requestor of the appraisal to exchange case files, subject matter for mediation or appraisal, information, documents, items, and samples (if applicable).
2. The receipt and transfer of case files, subject matter for mediation or appraisal, information, documents, items, and samples (if applicable) shall be conducted either in person or through postal services with signature acknowledgment or delivery slip, or on an electronic platform, and a record must be made according to the form specified in Article 20 of this Circular. The receipt and transfer of case files, subject matter for mediation or appraisal on an electronic platform shall comply with regulations governing electronic transactions and related provisions.
3. In the event that the case file, subject matter for appraisal, information, documents, items, and samples (if applicable) are sealed, prior to opening them, a thorough inspection of the seal must be conducted and a record of the unsealing shall be made according to the form specified in Article 20 of this Circular. The appraiser may refuse to accept such materials if the seal is damaged or shows signs of alteration.
Article 13. Preparation for Judicial Appraisal
1. Based on the content of mediation, appraisal request and the case files, subject matter for mediation or appraisal, as well as any accompanying information, documents, items, and samples, the appraiser shall preliminarily determine the professional content and tasks to be performed; and may request the mediator or requestor of the appraisal to provide additional case files, subject matter for mediation or appraisal, information, documents, items, and samples necessary for the appraisal if they have not been provided in full.
2. The appraiser shall prepare an appraisal program. In cases where necessary, the program may be submitted for comments from the mediator or requestor of the appraisal. Within two working days from receipt of the document, the mediator or requestor of the appraisal must provide written feedback on the appraisal program. The appraisal program includes the following basic contents:
a) The subject matter or content to be appraised and the scope of the appraisal; estimated time for completion of the appraisal;
b) Determination of the methods of conducting the appraisal, applicable professional standards;
c) Identification of the details that need to be verified or surveyed regarding the subject matter of the appraisal (if necessary);
d) Provisions on equipment, materials, and facilities to be used (if any):
d) Estimated costs for conducting the appraisal; advance payment and settlement of appraisal fees;
e) Other conditions required for the conduct of the appraisal.
3. In cases where civil servants, staff members, units, or agencies funded by state budget are requested to perform appraisals, the costs associated with such appraisals shall be carried out in accordance with paragraph 2 of Article 40 of the Law on Judicial Appraisal. The appraiser responsible for conducting the appraisal must prepare a budget and request the competent financial authority to examine, allocate, and pay the judicial appraisal fees. In cases where non-state entities or individuals are requested and perform appraisals, they shall submit an application for advance payment of appraisal costs to the mediator or requestor of the appraisal. The mediator or requestor of the appraisal must review and implement the advance payment in accordance with relevant laws.
Article 14. Implementation of Judicial Appraisal
The implementation of appraisals in the judicial field shall be carried out as follows:
a) Carefully study and analyze the referral materials, the subject matter to be appraised, and any documents or information provided by the party making the referral for appraisal;
b) Clearly define the subject matter and specific professional content that need to be examined and evaluated;
c) Conduct surveys or verifications of issues related but not within the possession of the party making the referral for appraisal (if necessary);
d) Compare and contrast the issue or subject matter to be appraised with relevant professional standards;
d) Provide comments, evaluations, and specific professional opinions on the issue or subject matter to be appraised as requested by the party making the referral for appraisal;
e) Prepare and issue an appraisal conclusion;
g) Establish an appraisal file.
2. During the implementation of the appraisal, a judicial appraiser may use professional opinions or conclusions provided by individuals or organizations to assist in the appraisal process.
3. If new content or other issues arise during the implementation of the appraisal, within 24 hours from the discovery of such issues, the party implementing the appraisal shall immediately notify the party making the referral for appraisal in writing and agree on a solution within two working days after receiving the notification.
4. The party implementing the appraisal must document or record electronically all aspects of the appraisal process in accordance with Article 34 of the Law on Judicial Appraisal and as per the forms specified in Paragraph 20 of this Circular.
Article 15. Appraisal Conclusion
1. The judicial appraisal conclusion shall be prepared according to the form specified in Paragraph 20 of this Circular.
2. In cases where a judicial appraiser is directly requested by the party making the referral, the appraisal conclusion must bear the signature and full name of the judicial appraiser.
3. For cases where an organization or entity specified in Article 8 of this Circular is referred for appraisal, in addition to the signature and full name of the judicial appraiser, the appraisal conclusion shall also be signed by the head of the organization, unit, or entity, with the seal of that organization, unit, or entity. The organization, unit, or entity requesting the appraisal bears responsibility for the judicial appraisal conclusion. In cases where the Ministry of Justice is requested to provide an appraisal, the Minister delegates a specialized department head to sign and affix the seal of the Ministry on the appraisal conclusion. For cases where a provincial justice office is referred for appraisal, the Director of the provincial justice office signs and affixes the seal of the provincial justice office on the appraisal conclusion.
4. When an appraisal committee as specified in Article 7 of this Circular conducts the appraisal according to Paragraph 1 of Article 10 of this Circular, the Minister delegates a specialized department head with relevant content to sign and affix their name on the judicial appraisal conclusion. In cases where the head of the specialized department has already conducted the appraisal as the Team Leader or Chairman of the Appraisal Committee, the Minister delegates the Director of the Office to sign and affix the seal.
5. Upon completion of the appraisal conclusion, the organization or individual conducting the judicial appraisal, or the appraisal committee, shall establish a file for submission to the party making the referral for appraisal requesting payment and reimbursement of costs incurred in accordance with the law on appraisal expenses.
Article 16. Delivery of Expert Conclusion
1. The individual or organization conducting the expert examination shall deliver the expert conclusion to the central authority and the party requesting the expert examination immediately after its issuance, and retain the file of the expert examination. The expert conclusion may be delivered directly to the central authority for the expert examination or through postal services.
2. In cases where delivery is made directly, the individual conducting the expert examination shall proceed with the delivery as follows:
a) Contact and notify the central authority and the party requesting the expert examination to collect the expert conclusion and receive back the subject of the expert examination if applicable under paragraph 4 of this Article;
b) Check the introduction letter, identification documents (People's Public Security Introduction Letter or Resident Identity Card...) of the person collecting the expert conclusion and the subject of the expert examination;
c) Deliver one copy of the expert conclusion; seal, repackage, and transfer back the subject of the expert examination (if applicable)
3. In cases where delivery is made through postal services, the examiner shall proceed with the delivery as follows:
a) Check, package, and seal one copy of the expert conclusion and the subject of the expert examination if applicable under paragraph 4 of this Article;
b) Send the expert conclusion and the subject of the expert examination via postal services (with signature for receipt or dispatch form).
4. In cases where the subject of the expert examination is evidence in a criminal case or when necessary according to a written request from the central authority, the individual or organization conducting the expert examination shall deliver it back after completing the expert examination. The delivery and receipt of the subject of the expert examination must be recorded in a memorandum as specified in Article 20 of this Circular.
Article 17. Establishment, Preservation, and Storage of Expert Examination Files
1. Expert examination files in the field of justice are part of the group of files for resolving disputes in specialized professional management activities and shall be established, preserved, and stored according to the provisions of the Law on Expert Examination, regulations on records management and storage, and the provisions of the agency or unit conducting the expert examination.
2. The individual conducting the expert examination is responsible for establishing an expert examination file including the following main documents:
a) Central authority decision on expert examination, supplementary central authority decision on expert examination (if applicable), re-examination central authority decision (if applicable), and the subject of the expert examination, related information, materials, or comparison samples attached (if applicable);
b) Document assigning the individual to conduct the expert examination or decision establishing an Expert Examination Team or a Decision establishing an Expert Examination Board;
c) Memorandum for delivery and receipt of central authority files, subject of the expert examination; memorandum for opening sealed files, documents, materials;
d) Examination program;
e) Document recording the process of conducting the expert examination;
f) Previous expert conclusion or professional opinion from another organization or individual (if applicable); photographic record of the expert examination (if applicable);
h) Files, documents, and vouchers related to the use of services for the expert examination (if applicable);
i) Expert examination conclusion document; memorandum for delivery and receipt of the expert conclusion; return of the subject matter
l) Other relevant documents related to the expert examination (if applicable)
3. Within one month from the completion of the expert examination, the individual conducting the expert examination shall transfer the expert examination file to the competent authority or organization for retention and storage according to the provisions in paragraph 1 of this Article. The files of the Expert Examination Team are transferred to the unit where a member is appointed as the team leader. The files of the Expert Examination Board are transferred to the unit where a member is the board chairman. The receiving authority, organization, or unit has the responsibility to store and retain according to the laws on records management and the Ministry of Justice's regulations.
4. The expert examination file may be utilized as follows:
a) The competent authority or organization that receives the transferred expert examination file shall present the file when requested by an authorized judicial body or a state administrative authority;
b) The individual who conducted the expert examination may utilize the expert examination file to participate in litigation activities according to the request of the authorized judicial body or the party requesting the expert examination;
c) Other cases as provided for by relevant laws.
Article 18. Time Limit for Judicial Appraisal
The time limit for judicial appraisal in the field of justice is carried out according to the provisions of Article 30 of the Law on Judicial Appraisal. The time limit for each step in the judicial appraisal process is specified in the flowchart of the judicial appraisal process issued together with this Circular.
Article 19. Professional Standards Applied to Judicial Appraisal Activities
The professional standards applied to judicial appraisals are stipulated in the legal normative documents concerning the fields as provided in Paragraph 3 of this Circular and other relevant documents issued by competent authorities or individuals.
Article 20. Forms for Judicial Appraisal Documents in the Field of Justice
Attached hereto is Form No. II, containing 11 forms for judicial appraisal documents in the field of justice.
Article 21. Training and Rewards for Personnel and Organizations Performing Judicial Appraisals in the Field of Justice
1. The performance of judicial appraisals by civil servants, staff members, or workers within the justice sector who receive salaries from state funds is a public duty and they are entitled to appraisal allowance as prescribed by the Prime Minister. Based on actual requirements and the specific nature of the appraisal case, the head of the agency, unit, or organization that has been referred for appraisal shall decide on the level of allowance, determine the time period, and number of appraisers involved in the appraisal.
2. Civil servants, staff members, or workers within the justice sector; units under the Ministry of Justice, provincial departments of justice; individuals or organizations practicing in the field of justice who complete their appraisal tasks effectively or actively participate in appraisal activities may be commended by the Minister of Justice upon recommendation from the Director of the Personnel Department and the head of a specialized unit or the People's Committee Chairperson at the provincial level based on recommendations from the director of the provincial department of justice and relevant agencies.
3. The heads of agencies, units where appraisals are performed shall ensure the time and other necessary conditions for conducting judicial appraisals by their agencies, organizations; they shall take the lead in coordinating with relevant agencies to recommend the Minister of Justice or the People's Committee Chairperson at the provincial level to promptly commend individuals who have completed their appraisal tasks effectively or actively participated in appraisal activities.
Chapter IV
RESPONSIBILITY AND EFFECTIVE IMPLEMENTATION
Article 22. Responsibilities of Agencies and Units in Managing Judicial Appraisals in the Field of Justice
1. The Legal Support Bureau is the lead unit assisting the Minister of Justice to implement judicial appraisals in the field of justice, with responsibilities including:
a) Taking the lead and coordinating with relevant specialized units or agencies to organize the dissemination of laws on judicial appraisals, training, and legal and appraisal procedures for personnel performing judicial appraisals in the field of justice;
b) Conducting reviews, summaries, evaluations, and reporting on judicial appraisals in the field of justice;
c) Inspecting judicial appraisals within its jurisdiction;
d) Proposing and implementing reward systems for individuals and organizations performing judicial appraisals as per legal provisions;
e) Other tasks as specified in this Circular.
2. Responsibilities of specialized units under the Ministry of Justice:
a) Providing advice or guidance on applying professional standards to appraisal activities, conducting appraisals within specific fields or specialties; developing human resources for judicial appraisals;
c) Preparing and being responsible for content and materials related to training and education in appraisal procedures within the scope of their functions;
d) Coordinating with the Legal Support Bureau and relevant agencies to organize legal and appraisal procedure training for personnel performing judicial appraisals in the field of justice;
e) Organizing the establishment, preservation, and storage of appraisal files;
f) Preparing budgets, settling accounts, and finalizing financial reports on judicial appraisal costs and appraisal allowance from state funds according to annual budget provisions as per legal provisions on state finance; proposing rewards for appraisers within their jurisdiction;
h) Implementing information reporting and other tasks as specified in this Circular.
i) Undertaking other tasks as specified in this Circular.
3. Responsibilities of the Planning-Finance Bureau:
a) Reviewing, summarizing, and submitting to the Ministry of Finance for funding judicial appraisal costs and appraisal allowance payments to units under the Ministry of Justice;
b) Taking the lead and coordinating with the Legal Support Bureau and relevant agencies in statistical work on judicial appraisals within the justice sector.
4. The handling of complaints and accusations regarding judicial appraisals at the Ministry of Justice is carried out according to legal provisions on complaint and accusation resolution. Complaints about referrals, requests for appraisal, evaluations, or use of appraisal conclusions fall under the jurisdiction and responsibility of the competent investigative authority and are handled in accordance with relevant procedural laws.
5. The provincial department of justice assists local people's committees in managing judicial appraisals within their jurisdictions and has responsibilities including:
a) Assigning units to act as liaison for the management of judicial appraisals in the field of justice under its jurisdiction; preparing, settling accounts, and finalizing financial reports on judicial appraisal costs and appraisal allowance from state funds according to annual budget provisions as per legal provisions on state finance;
b) Taking the lead and coordinating with relevant agencies in organizing legal training for personnel performing judicial appraisals at the local level;
c) Inspecting and resolving complaints about judicial appraisals within its jurisdiction; complaints regarding referrals, requests for appraisal, evaluations, or use of appraisal conclusions fall under the jurisdiction and responsibility of the competent investigative authority and are handled in accordance with relevant procedural laws;
d) Proposing and implementing reward systems for individuals and organizations performing judicial appraisals as per legal provisions.
(d) Annually, report to the Ministry of Justice (through the Office of Legal Support) and the People's Committee at the provincial level on the organization and operation of judicial appraisal activities under its specialized management in the locality.
Article 23. Information and Reporting System
1. At the Ministry of Justice
a) Units directly responsible for or assigned to conduct judicial appraisals, or units with members as Head of Appraisal Team, or units with members as President of Appraisal Council at the Ministry of Justice shall be responsible for submitting reports on the results of appraisal upon completion of the appraisal or promptly when requested; by December 20th each year, submit annual appraisal activity reports according to the form specified in Article 20 of this Circular to the Office of Legal Support for consolidation and reporting to the competent authority as per regulations;
b) By December 30th each year, the Office of Legal Support shall summarize and evaluate the organization and operation of judicial appraisals in the field of justice and report to the Minister of Justice.
2. At the local level
a) By December 15th each year, units directly responsible for or assigned to conduct judicial appraisals, or units with members as Head of Appraisal Team (if applicable), shall be responsible for submitting written reports on the results of appraisal to the Department of Justice for reporting to the People's Committee at the provincial level and the Ministry of Justice;
b) By December 20th each year, the Department of Justice shall summarize and evaluate the organization and operation of judicial appraisals in the field of justice at the local level and propose commendations (if applicable) for the People's Committee at the provincial level to consider, and submit a report to the Ministry of Justice.
Article 24. Transitional Provisions
Judicial appraisal matters received and conducted prior to the effective date of this Circular but not yet concluded shall continue to be processed in accordance with Circular No. 09/2023/TT-BTP on judicial appraisals in the field of justice.
Article 25. Effective Date
1. This Circular becomes effective as of May 1, 2026.
2. Circular No. 09/2023/TT-BTP dated December 29, 2023 by the Minister of Justice on judicial appraisals in the field of justice shall cease to be effective as of the date this Circular becomes effective.
3. In the course of implementing this Circular, if any difficulties arise, it is requested that organizations and individuals report to the Ministry of Justice (through the Office of Legal Support) for consideration, guidance, and resolution.
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For reference: - Prime Minister, Deputy Prime Ministers; - Office of the General Secretary; - Office of the President; - Office of the National Assembly; - Office of the Government; - Ministries and agencies at the same level; - Supreme People's Court; - Supreme People's Procuratorate; - National Audit Office; - People's Committees of provinces and cities; - Gazette; - Minister (for reporting); - Office of Legal Support & Technology for Public Services, Ministry of Justice; - Vietnam Chamber of Commerce and Industry; - Central Committee of the Vietnamese Fatherland Front; - Government Portal; - Ministry of Justice Portal; - VT, Office of Legal Support. |
SIGNED BY MINISTER
Deputy Minister |
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