Provisions on judicial appraisal in the field of internal affairs.

 

CIRCULAR

Regulations on forensic expertise in the field of home affairs

Based on the Law on Forensic Expertise No. 105/2025/QH15;

Based on Decree No. 25/2025/NĐ-CP dated February 21, 2025 of the Government regulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

In accordance with the proposal by the Director of Legal Affairs;

The Minister of Home Affairs promulgates this Circular on regulations for forensic expertise in the field of home affairs.

CHAPTER I
GENERAL PROVISIONS

Article 1. Scope of application

This Circular specifies details of certain provisions of the Law on Forensic Expertise regarding forensic expertise in the field of home affairs, including:

1. Standards for forensic experts (Clause 2, Article 10);

2. Organization of forensic expertise per case (Clause 3, Article 18);

3. Procedures and formalities for requesting and conducting forensic expertise; list of specialized fields and specialties for expertise (Clause 5, Article 28);

4. Time limits for forensic expertise (Clause 2, Article 30);

5. Components of the file and storage regime for forensic expertise files (Clause 2, Article 37).

Article 2. Applicable subjects

1. Forensic experts and organizations conducting forensic expertise per case in the field of home affairs.

2. Other agencies, units, organizations, and individuals related to forensic expertise activities in the field of home affairs.

Article 3. List of specialized fields and specialties for forensic expertise

1. Labor, wages.

2. Social insurance except cases within the jurisdiction of the Ministry of Finance.

3. Employment; Occupational safety and health.

4. Persons with merit.

5. Vietnamese workers employed abroad under a contract.

6. Other home affairs fields when there is a request for expertise.

Article 4. Professional standards applicable to forensic expertise activities

The professional standards applicable to forensic expertise activities are legal documents, standards, technical-economic and technological standards, other procedures, and quotas issued by competent authorities in the field of home affairs.

Article 5. Time limits for forensic expertise

1. Time limits for forensic expertise in cases where expert examination is mandatory shall be carried out in accordance with the provisions of criminal procedure law.

2. The maximum time limit for forensic expertise does not exceed three months, except as provided in Clauses 1 and 3 hereof.

3. The maximum time limit is four months for:

a) Cases where there is one content of examination within the list specified in Article 3 of this Circular and which has special complexity or involves an exceptionally large volume of work, or depends on the results of expertise by other agencies, organizations, or individuals related to multiple entities.

b) Cases where there are two or more contents of examination as specified in the list of Article 3 of this Circular.

4. Extension of time limits for forensic expertise shall be carried out in accordance with the provisions of the Law on Forensic Expertise.

CHAPTER II
FORENSIC EXPERTS AND ORGANIZATIONS CONDUCTING FORENSIC EXPERTISE PER CASE IN THE FIELD OF HOME AFFAIRS

Article 6. Standards for appointing forensic experts

1. Vietnamese citizens residing in Vietnam who meet the standards specified in Clause 1, Article 10 of the Law on Forensic Expertise may be considered and appointed as forensic experts in the field of home affairs.

2. The standards for forensic experts in the field of home affairs at point b of Clause 1, Article 10 of the Law on Forensic Expertise are as follows:

a) Possessing a university degree or higher from an educational institution in Vietnam or from a foreign educational institution and being recognized by competent authorities for use in Vietnam.

b) Having five years of practical experience in professional activities in the field of training, excluding probationary periods (if any), which is consistent with the fields of expertise specified in Article 3 of this Circular.

3. The standards for forensic experts in the field of home affairs at point c of Clause 1, Article 10 of the Law on Forensic Expertise are as follows:

Having been confirmed by competent authorities to have completed a training course in legal knowledge and expertise procedures.

Article 7. Legal Knowledge and Forensic Appraisal Training

1. Based on the actual needs of forensic appraisal activities or upon the proposal by an appraisal organization for a specific case, the head of each unit selects individuals who meet the conditions as stipulated in Article 13 of the Law on Forensic Appraisal and Article 6 of this Circular, compiles a list to be submitted to the Legal Affairs Department for consolidation, and submits it to the Leader of the Ministry for decision-making regarding the organization of legal knowledge and forensic appraisal training.

2. The Legal Affairs Department shall coordinate with relevant agencies and units to organize courses on legal knowledge and forensic appraisal skills.

3. Upon completion of the training course, trainees will be certified in legal knowledge and forensic appraisal skills.

4. The Legal Affairs Department is responsible for developing the content and program of legal knowledge and forensic appraisal training, which shall be submitted to the Leader of the Ministry for decision-making.

Article 8. Forensic Appraisal Organization by Case

1. An organization belonging to or directly under the Ministry, a public sector unit under the Bureau, may be considered and recognized as a case-specific forensic appraisal organization if it meets all of the following conditions:

a) Possesses legal personality;

b) Has functions, duties, and powers in the specialized field or discipline specified in Paragraph 3 of this Circular that are consistent with the content requested for appraisal;

c) Has been operating in the specialized field or discipline specified in Paragraph 3 of this Circular for at least five years prior to the request for appraisal;

d) Has a team of professionals, facilities, equipment, and working tools necessary for conducting forensic appraisals.

2. Based on the provisions of paragraph 1, the head of an organization belonging to or directly under the Ministry, a public sector unit under the Bureau, if meeting all conditions as stipulated in paragraph 1, shall compile a list and submit it to the Legal Affairs Department.

3. The Legal Affairs Department will coordinate with relevant units to review the application, consolidate information, and present it to the Minister of the Ministry for decision-making on recognizing the organization as a case-specific forensic appraisal entity.

4. The Legal Affairs Department shall send the list of case-specific forensic appraisal organizations to the Information Technology Center for publication on the Ministry's official website.

Chapter III
PROCEDURE, PROCEDURAL MATTERS FOR RECEIVING REQUESTS FOR APPEALS, IMPLEMENTING APPRAISAL, COMPOSITION OF THE RECORD, AND STORAGE REGIME FOR FORENSIC APPRAISAL RECORDS

Article 9. Procedure for Forensic Appraisal Implementation

1. Receive the request for forensic appraisal, the subject of the appraisal, and related documents or objects (if any).

2. Prepare to conduct the forensic appraisal.

3. Conduct the forensic appraisal.

4. Issue the conclusion of the forensic appraisal.

Article 10. Receipt of Requests for Forensic Appraisal

1. In cases where a request for forensic appraisal is made, the Legal Affairs Department shall coordinate with relevant units under the Ministry responsible for the field requested to select a forensic appraiser or case-specific forensic appraisal organization and submit it to the Minister of the Ministry for assignment.

2. In cases where a request for forensic appraisal is directed to a case-specific forensic appraisal organization under the Ministry,

The head of the case-specific forensic appraisal organization under the Ministry shall receive, assign appraisers or individuals with specialized knowledge and skills in accordance with legal provisions on forensic appraisals and the unit's operating regulations.

3. In cases where a request for forensic appraisal is directed to an individual appraiser,

The appraiser shall report to the head of the unit and conduct the forensic appraisal in accordance with legal provisions on forensic appraisals and this Circular.

Article 11. Preparation for Judicial Appraisal

1. Study of relevant case files, information, documents, and objects (if any) related to the judicial appraisal matter.

a) In cases where additional relevant case files or documents are needed for the content of the judicial appraisal, request the person requesting the appraisal or the party requesting the judicial appraisal to provide additional information or documents.

b) In cases where judicial appraisal is refused in accordance with paragraph 1 of Article 38 of the Judicial Appraisal Law, within five working days from the date of receipt of the referral decision or the request for judicial appraisal, notify the person requesting the appraisal or the party requesting the judicial appraisal in writing and state the reasons.

2. Study and apply professional standards to conduct the judicial appraisal.

Article 12. Conducting Judicial Appraisal

The appraisal committee or organization conducts a judicial appraisal as follows:

1. Study the subject of the judicial appraisal, relevant information, documents, and compare with professional standards to provide comments and evaluations on the content requested for appraisal.

2. During the process of conducting the judicial appraisal, if new content or other issues arise, the person conducting the appraisal or the organization conducting the judicial appraisal shall immediately notify the party requesting the appraisal in writing and agree on a solution.

3. Draft the conclusion of the judicial appraisal.

Article 13. Conclusion of Judicial Appraisal

1. Based on the results of the judicial appraisal, the appraisal committee or organization conducting the judicial appraisal concludes each specific content requested for appraisal.

2. The conclusion of the judicial appraisal includes contents as stipulated in Article 35 of the Judicial Appraisal Law and according to the format specified in Appendices I and II attached to this Circular.

Article 14. Appraisal Committee

1. The Department of Legislation shall coordinate with relevant agencies and units under or directly subordinate to the Ministry to select an appropriate appraiser for the content of the referral, which is then submitted to the Minister for decision on forming the appraisal committee.

2. The number of members and operational mechanisms of the appraisal committee are carried out in accordance with Article 33 of the Judicial Appraisal Law and regulations by the Government.

Article 15. Composition of Files and Storage Procedures for Judicial Appraisal

1. The appraiser or organization conducting the judicial appraisal according to the case shall be responsible for establishing an appraisal file in accordance with the format specified in Appendix III attached to this Circular, including the following documents:

a) Referral decision or request for judicial appraisal document;

b) Receipt and delivery record of the referral or request for judicial appraisal;

c) Decision on assigning an appraiser or dispatching personnel to conduct the appraisal; refusal document (if any);

d) Conclusion of the judicial appraisal;

e) Other relevant documents related to the appraisal (if any).

2. Judicial appraisal files and documents in the field of internal affairs are stored and preserved according to regulations on the storage of internal affairs-related documents.

3. Judicial appraisal files conducted by individuals or organizations conducting judicial appraisals according to cases shall be transferred for storage under the direct management unit in accordance with regulations.

Judicial appraisal files conducted by multiple organizations conducting judicial appraisals according to cases or multiple appraisers are transferred to the unit assigned as the primary custodian of records in accordance with regulations.

Files from the appraisal committee are transferred to the unit where a member is the chairperson of the committee.

The agency, organization, or unit receiving the transfer of judicial appraisal files shall be responsible for preserving and storing them according to legal storage regulations and as stipulated in paragraph 2 above.

Chapter IV
PROVISIONS FOR IMPLEMENTATION

Article 16. Effective Date of Implementation

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

2. The Circular No. 18/2023/TT-BLĐTBXH dated December 29, 2023, issued by the Minister of Labour, War Invalids and Social Affairs, which regulates forensic appraisal in the field of labour, veterans, and social affairs, shall cease to be effective from the date this Circular takes effect.

3. Decisions appointing forensic appraisers, decisions recognizing forensic appraisers for specific cases, and decisions recognizing forensic appraisal organizations for specific cases continue to be effective in accordance with the provisions of the Law on Forensic Appraisal No. 13/2012/QH13 (amended and supplemented in 2020).

Article 17. Implementation

1. Heads of units under, directly subordinate to, the Ministry of Interior, relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. The Legal Affairs Department is the principal advisor on forensic appraisal work at the Ministry of Interior and has the responsibility to advise the Ministry of Interior in performing its duties and powers as provided by the Law on Forensic Appraisal.

3. The Legal Affairs Department shall take the lead, coordinate with relevant units, and propose to the Minister the establishment of a Forensic Appraisal Council.

4. The Information Technology Center is responsible for posting the list of forensic appraisers and forensic appraisal organizations for specific cases on the Ministry of Interior's official website.

5. In the course of implementation, if any difficulties or obstacles arise, individuals and organizations shall promptly report to the Ministry of Interior for examination and guidance./.

Recipient:

 

 

(Issued with Circular No. 5/2026/TT-BNV dated March 31, 2026 of the Minister of Interior on forensic appraisal in the field of interior affairs)

FORENSIC APRAISAL COUNCIL

 

In the field of

Based on the Law on Forensic Appraisal dated December 5, 2025;

Based on Decree No. 25/2025/NĐ-CP dated February 21, 2025, issued by the Government, which regulates the functions, tasks, powers, and organizational structure of the Ministry of Interior; …. (1)…

Based on Circular No. …/2026/TT-BLĐTBXH dated … month … year 2026, issued by the Minister of Labour, War Invalids and Social Affairs, which regulates forensic appraisal in the field of interior affairs;

Based on Decision No. … dated … month … year … (2)

Based on Decision No. … dated … month … year … for the establishment of the Forensic Appraisal Council by the Minister of Interior (3)

The following conclusions are drawn regarding the requested forensic appraisals:

I. PERSONS IMPLEMENTING THE APRAISAL

II. PERSONS PRESENTING THE APRAISAL

III. CONTENT OF THE APRAISAL PRESENTATION (4)

1. Content of the requested appraisal. (5)

2. Methods and professional standards applied in conducting the appraisal.

3. Time and place for conducting the appraisal.

IV. CONCLUSIONS OF THE APRAISAL

1. Regarding the first request for appraisal: …

A clear and specific conclusion is drawn regarding the content of the appraisal.

2. Regarding the second request for appraisal (subsequent requests for appraisal)

A clear and specific conclusion is drawn regarding the content of the appraisal.

The forensic appraisal report was completed at … hours … minutes on … month … year …

FORENSIC APRAISER

(Signature, name in full)

 

PERSON DECIDING THE ESTABLISHMENT OF THE COUNCIL (6)
FORENSIC APRAISAL COUNCIL

 

(Signature, name in full)
1. Specify the field of forensic appraisal according to (7)
(Sign, clearly state full name)

 

___________________

1. State the field of judicial appraisal according to Article 3 of this Circular.

2. Clearly state: number, date, month, year, issuing authority of the Decision to refer for expert appraisal;

3. Clearly state: number, date, month, year of the Decision establishing the Appraisal Board.

4. State the full names, positions, and work units of the members of the Appraisal Board.

5. Name the competent authority with jurisdiction over proceedings, the name and title of the person authorized to refer for expert appraisal; number of the referral document or the name and title of the party requesting the appraisal.

Time of receipt of the referral document for expert appraisal.

6. Signatures of each member of the Appraisal Board, clearly stating their full names.

7. The person authorized to establish the Appraisal Board must sign and affix a seal on the conclusion of the expert appraisal.

 

APPENDIX II

(Issued in conjunction with Circular No. 5/2026/TT-BNV dated March 31, 2026 by the Minister of Home Affairs, which stipulates expert appraisals within the field of home affairs)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

……, day … month … year …

CONCLUSION OF EXPERT APPRAISAL BY THE EXPERT APRAISER OR PERSON PERFORMING THE EXPERT APRAISAL BASED ON THE CASE/ORGANIZATION PERFORMING THE EXPERT APRAISAL BASED ON THE CASE

In the field of …. (1)…

Based on the Law on Expert Appraisal dated December 5, 2025;

Based on Decree No. 25/2025/NĐ-CP dated February 21, 2025 by the Government concerning the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Based on Circular No. …/2026/TT-BLĐTBXH dated … month … year 2026 by the Minister of Home Affairs concerning expert appraisals within the field of home affairs ;

Based on Decision to refer for appraisal No. ….. dated…..month…..year…. of…..(2)

Based on the referral document/introducing the person performing the appraisal: number… date…month year…. of …

Conclude the requested matters as follows:

I. THE PERSON/ORGANIZATION PERFORMING THE EXPERT APRAISAL FOR THE CASE IMPLEMENTS THE EXPERT APRAISAL

1. The individual performing the appraisal

Full name, position, work unit.

2. The organization performing the expert appraisal for the case

Name of the organization performing the expert appraisal for the case, address.

II. THE PERSON REFERRING FOR APRAISAL (3)

III. CONTENT OF REFERRAL FOR APRAISAL

1. Content referred for appraisal.

2. Method and professional standards applied in conducting the appraisal.

3. Time and place of conducting the appraisal.

IV. CONCLUSION OF EXPERT APRAISAL

1. Regarding the first requested matter: ………….

- Clearly state the conclusion regarding the content of the appraisal.

- Any other opinion (if applicable)

2. Regarding the …th requested matter (Subsequent requested matters).

- Clearly state the conclusion regarding the content of the appraisal.

- Any other opinion (if applicable)

The expert appraisal conclusion was completed at … hour … minute on day… month… year…

 

___________________

1. State the field of expert appraisals according to Article 3 of this Circular.

2. Clearly state: number, date, month, year of the Decision to refer for appraisal; type of decision (supplementary referral for appraisal, re-appraisal, first referral for appraisal).

3. Name the competent authority with jurisdiction over proceedings, name and title of the person authorized to refer for expert appraisal; number of the referral document or name and title of the party requesting the appraisal.

Time of receipt of the referral document for expert appraisal.

4. Signatures of the expert appraiser.

5. The managing authority of the expert appraiser confirms the signatures of the person appointed to perform the expert appraisal.

6. The legal representative of the organization performing the expert appraisal must sign and affix a seal on the conclusion of the expert appraisal)

 

APPENDIX III

(Issued in conjunction with Circular No. 5/2026/TT-BNV dated March 31, 2026 by the Minister of Home Affairs, which stipulates expert appraisals within the field of home affairs)

EXPERT APRAISAL FILE FOR THE CASE

Summary of content referred for appraisal (brief summary of the content referred for appraisal)

……………………………………………………………………………

Date created…

Person who created the file…

Contents of the file…

CONTENTS OF THE FILE

File number…

Year…….