Circular No. 09/2023/TT-BTP on forensic examination in the field of judiciary

CIRCULAR

Regulations on forensic examination in the judicial field

Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Forensic Appraisal Law dated June 10, 2020;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examination;

Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, issued by the Government, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Judicial Support;

The Minister of Justice promulgates this Circular stipulating regulations on forensic examination in the judicial field.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the scope of forensic examinations in the judicial field; forensic examiners, case-specific forensic examiners, case-specific forensic examination organizations, judicial forensic examination councils; acceptance and conduct of forensic examinations; application of professional standards to forensic examination activities; deadlines for forensic examinations; files and archiving of forensic examination files.

Article 2. Applicability

This Circular applies to forensic examiners, case-specific forensic examiners, case-specific forensic examination organizations, and agencies, units, organizations, and individuals related to forensic examination activities in the judicial field.

Article 3. Scope of forensic examinations in the judicial field

Forensic examination in the judicial field is the examination of specialized content within the jurisdiction of the Ministry of Justice and the Department of Justice as prescribed by law.

Chapter II

FORENSIC EXAMINER, CASE-SPECIFIC FORENSIC EXAMINER

CASE-SPECIFIC FORENSIC EXAMINATION ORGANIZATION,

JUDICIAL FORENSIC EXAMINATION COUNCIL

Article 4. Criteria for appointment and issuance of forensic examiner cards, recognition of case-specific forensic examiners, case-specific forensic examination organizations

1. The criteria for appointment and issuance of forensic examiner cards as stipulated in point b, Clause 1, Article 7 of the Law on Forensic Examination shall be implemented as follows:

a) Having a bachelor's degree or higher in law or another relevant field from an educational institution in Vietnam as prescribed by law, or from an overseas educational institution recognized for use in Vietnam.

b) Having at least five years of professional experience in the field of study since the date of employment or engagement in work or registration of practice in the judicial field, consistent with the area of forensic examination for which the person is appointed.

2. Recognition of case-specific forensic examiners, case-specific forensic examination organizations

Based on the actual needs of forensic examination in litigation activities, the heads of units under the Ministry of Justice shall take the lead and coordinate with the Judicial Assistance Bureau to select persons meeting the criteria stipulated in Article 18 of the Law on Forensic Examination, prepare a dossier to request the Minister of Justice to recognize case-specific forensic examiners; the Director of the Judicial Assistance Bureau shall select specialized units meeting the conditions stipulated in Clause 1, Article 19 of the Law on Forensic Examination and Article 5 of this Circular to request the Minister of Justice to recognize case-specific forensic examination organizations.

Based on the actual needs of forensic examination in litigation activities at the local level, the Director of the Department of Justice shall review and select persons meeting the criteria stipulated in Article 18 of the Law on Forensic Examination, specialized units meeting the conditions stipulated in Clause 1, Article 19 of the Law on Forensic Examination and Article 5 of this Circular to request the People's Committee of the province to recognize case-specific forensic examiners, case-specific forensic examination organizations.

Article 5. Conditions for material infrastructure, equipment, and means of forensic examination of organizations conducting case-specific forensic examinations in the field of judiciary

The conditions for material infrastructure, equipment, and means of forensic examination of organizations conducting case-specific forensic examinations in the field of judiciary include:

1. Meeting the requirements stipulated in Clause 1 of Article 19 of the Law on Forensic Examination.

2. Having equipment for preserving, storing objects, examination files, and documents, as well as other equipment that meets the requirements for conducting forensic examinations as prescribed by laws on forensic examination and related laws.

Article 6. Forensic Examination Councils in the Field of Judiciary

In cases where it is necessary to establish a Forensic Examination Council as provided for in Article 30 of the Law on Forensic Examination, the head of the specialized unit with the content requiring examination shall take the lead, coordinate with the Director of the Judicial Assistance Department and relevant units under the Ministry to select members of the Forensic Examination Council, submit to the Minister of Justice for the establishment of the Forensic Examination Council; monitor and urge the implementation of the examination by the Forensic Examination Council.

Chapter III

ACCEPTING AND IMPLEMENTING FORENSIC EXAMINATIONS

Article 7. Accepting Requests for Forensic Examinations

1. Provincial Departments of Justice, organizations conducting case-specific forensic examinations, forensic examiners, or other specialized individuals or organizations, and civil enforcement agencies at the local level shall be responsible for examining and accepting requests for forensic examinations conducted by competent investigative authorities at the district, provincial, and central levels.

The Provincial Department of Justice shall assign its subordinate units to examine and advise on initially accepting requests for forensic examinations from their own agencies; issue a receipt for acceptance, assign personnel to conduct the examination, or refuse to conduct the examination within five working days from the date of receiving the decision requesting the forensic examination from the competent investigative authority.

Upon being requested for a forensic examination, organizations conducting case-specific forensic examinations, forensic examiners, or specialized individuals or organizations in the field of judiciary, and civil enforcement agencies at the local level shall be responsible for examining and advising on accepting the request for a forensic examination from their own organizations or refusing to conduct the examination within five working days from the date of receiving the decision requesting the forensic examination from the competent investigative authority.

When requested for a forensic examination as prescribed by the Law on Forensic Examination, specialized individuals or organizations in the field of judiciary at the local level shall be responsible for examining and advising on accepting the request for a forensic examination from their own organizations or refusing to conduct the examination within five working days from the date of receiving the request for a forensic examination from the parties involved in litigation as prescribed by law.

2. The Ministry of Justice, organizations conducting case-specific forensic examinations, specialized units, and forensic examiners under the Ministry of Justice shall be responsible for accepting and implementing forensic examinations requested by competent investigative authorities at the central level.

The Minister of Justice shall assign the Judicial Assistance Department to be the main unit to examine and advise on initially accepting requests for forensic examinations from their own agency. Within one working day from the date of receiving the request from the competent authority, the Judicial Assistance Department shall be responsible for proposing to the leadership of the Ministry to delegate tasks to appropriate specialized units to study and advise specifically on accepting or refusing to conduct the examination; if the content of the request for a forensic examination involves multiple specialized units, it must clearly identify the leading unit and the cooperating unit in advising on accepting the request, conducting the examination, or refusing the request for a forensic examination.

Within two working days from the date of receiving the assignment from the leadership of the Ministry of Justice, the assigned specialized unit shall be responsible for taking the lead and coordinating with relevant units to advise and submit to the leadership of the Ministry specific plans regarding accepting the request or refusing to conduct the examination. If accepting the request for a forensic examination, a draft document assigning personnel to conduct the examination must be attached.

The leadership of the Ministry of Justice shall review and decide on accepting the request for a forensic examination or refusing to conduct the examination within two working days from the date of receiving the submission.

If directly requested for a forensic examination, the head of the organization conducting case-specific forensic examinations or specialized units under the Ministry of Justice shall be responsible for assigning units or specialized staff to examine and advise on accepting the request or refusing to conduct the examination from their own agencies within five working days from the date of receiving the decision requesting the forensic examination from the competent investigative authority.

3. If specifically requested, individual civil servants or professionals in the judiciary or persons practicing in the field of judiciary shall be responsible for examining and accepting the request, conducting forensic examinations, and reporting to the head of their managing agency to create conditions for the examination's implementation; or refusing to conduct the examination within five working days from the date of receiving the decision requesting the forensic examination from the competent investigative authority.

Article 8. Refusal to Accept and Conduct Forensic Appraisal

1. Individuals, agencies, organizations, and units specified in Article 7 of this Circular have the right to refuse to accept and conduct forensic appraisal in cases prescribed in Clause 2, Article 11, Point b, Clause 1, Article 24, and Article 34 of the Law on Forensic Appraisal (amended and supplemented in 2020) or when the content of the request for forensic appraisal does not fall within the scope of forensic matters as stipulated in Article 3 or is inconsistent with the provisions of Article 7 of this Circular.

2. The refusal to conduct forensic appraisal must be in writing and clearly state the reasons for refusal within five working days from the date of receipt of the request decision or the request document for forensic appraisal.

Article 9. Assignment and Appointment of Personnel to Conduct Forensic Appraisal

1. Assignment and Appointment of Personnel to Conduct Forensic Appraisal at the Ministry of Justice

a) In case the Ministry of Justice is requested

Based on the content of the request for forensic appraisal, the head of the specialized unit assigned by the leadership of the Ministry of Justice shall be responsible for selecting and proposing the appointment of forensic appraisers or case-specific forensic appraisers or civil servants and officials with the appropriate professional qualifications and expertise in accordance with the content of the request for forensic appraisal and the anticipated number of personnel conducting the appraisal.

In case two or more persons are appointed to conduct the appraisal, a Forensic Appraisal Team shall be established, with one of the proposed appointees being designated as the Team Leader.

b) In case a case-specific forensic appraisal organization or a unit under the Ministry of Justice is requested

Based on the content of the request for forensic appraisal, the head of the case-specific forensic appraisal organization or unit under the Ministry of Justice shall be responsible for selecting and appointing forensic appraisers or case-specific forensic appraisers or civil servants and officials with the appropriate professional qualifications and expertise in accordance with the content of the request for forensic appraisal and the anticipated number of personnel conducting the appraisal.

In case two or more persons are appointed to conduct the appraisal, a Forensic Appraisal Team shall be established, with one of the appointees being designated as the Team Leader.

2. Assignment and Appointment of Personnel to Conduct Forensic Appraisal at Local Level

a) In case the Department of Justice is requested

Based on the content of the request for forensic appraisal, the leadership of the Department of Justice shall assign a specialized unit to select and propose the appointment of forensic appraisers or case-specific forensic appraisers or civil servants and officials with the appropriate professional qualifications and expertise in accordance with the content of the request for forensic appraisal and the anticipated number of personnel conducting the appraisal.

In case two or more persons are appointed to conduct the appraisal, a Forensic Appraisal Team shall be established, with one of the proposed appointees being designated as the Team Leader.

b) In case other specialized individuals or organizations or judicial practice organizations or civil enforcement agencies at the local level are requested

Based on the content of the request for forensic appraisal, the head of the case-specific forensic appraisal organization or specialized unit under the Department of Justice or other specialized organizations or judicial practice organizations at the local level or civil enforcement agencies in the locality shall be responsible for selecting and appointing personnel with the appropriate professional qualifications and expertise in accordance with the content of the request for forensic appraisal and the anticipated number of personnel conducting the appraisal.

In case two or more persons are appointed to conduct the appraisal, a Forensic Appraisal Team shall be established, with one of the appointees being designated as the Team Leader.

3. The Team Leader of the Forensic Appraisal Team as prescribed in Clause 1 and Clause 2 of this Article shall be responsible for assigning specific tasks to each member of the Forensic Appraisal Team, assistants (if any), and managing the preparation and implementation of the forensic appraisal.

Article 10. Judicial Appraisal Process

1. The judicial appraisal process based on requests or requirements shall be carried out as follows:

a) Receiving and handing over the dossier, objects of request or requirement for appraisal;

b) Preparing for the appraisal;

c) Conducting the appraisal;

d) Concluding the appraisal;

e) Delivering the appraisal conclusion;

f) Establishing, storing, and preserving the appraisal dossier;

2. A diagram of the judicial appraisal process accompanying this Circular (Annex I) is hereby issued.

Article 11. Receiving and Handing Over Dossiers, Objects of Request or Requirement for Appraisal

1. Individuals and organizations conducting appraisals shall cooperate with the requesting parties to receive and hand over dossiers, objects of appraisal, information, documents, items, and samples related (if any).

2. The act of receiving and handing over dossiers, objects of appraisal, information, documents, items, and samples related (if any) shall be conducted directly or through postal services (with signed delivery receipts or sending slips) and must be recorded in a protocol according to the form prescribed in Article 19 of this Circular.

3. In cases where dossiers, objects of appraisal, information, documents, items, and samples related (if any) are sealed, before opening, they must be carefully checked for sealing and a protocol for opening the seal must be established according to the form prescribed in Article 19 of this Circular. Individuals and organizations conducting judicial appraisals have the right to refuse receipt if the seal is found to be torn or shows signs of alteration.

Article 12. Preparing for Judicial Appraisal

1. Based on the content of the request or requirement for appraisal and the dossier, objects of appraisal, information, and documents attached, the person conducting the appraisal shall preliminarily determine the professional content and tasks to be performed; request the requesting party to provide additional dossiers, objects of appraisal, information, and necessary documents for the appraisal in cases where they have not been fully provided.

2. The person conducting the appraisal shall draft an outline for the appraisal, and if necessary, send it for comments from the requesting party. Within two working days from the date of receipt of the document, the requesting party has the responsibility to send a reply document regarding the outline for the appraisal.

The outline for the appraisal includes the following basic contents:

a) Object or content to be appraised and scope of appraisal; estimated time to complete the appraisal;

b) Determination of methods for conducting the appraisal and applicable professional standards;

c) Determination of content and details that need verification or investigation of the object of appraisal for the purpose of the appraisal (if necessary);

d) Forecasting equipment, materials, and tools to be used (if any);

đ) Forecasting costs required for the implementation of the appraisal; advance payment and settlement of appraisal costs;

e) Other necessary conditions for the implementation of the appraisal.

3. Individuals and organizations conducting appraisals shall establish a proposal for advance payment of appraisal costs and submit it to the requesting party. The requesting party has the responsibility to review and implement the advance payment according to the proposal for the organization or individual conducting the appraisal in accordance with the provisions of the law.

Article 13. Conducting Judicial Appraisal

1. The conduct of judicial appraisal shall proceed as follows:

a) Studying and analyzing the dossier of the request, the object of appraisal, and the documents and information provided by the requesting party;

b) Clearly identifying the object and the professional content that needs to be examined and evaluated;

c) Conducting surveys or verifications of issues that the requesting party cannot provide relevant documents or information about (if any);

d) Comparing and contrasting the issue or object to be appraised with professional standards concerning the issue or object to be appraised;

đ) Providing specific and clear professional opinions and comments on the issue or object to be appraised according to the request or requirement for appraisal;

e) Drafting and issuing the appraisal conclusion;

g) Establishing the appraisal dossier.

2. During the appraisal process, the judicial appraiser may use opinions or conclusions from other individuals or organizations to assist in the appraisal.

3. During the appraisal process, if new content or other issues arise, individuals and organizations conducting the appraisal must immediately notify the requesting party in writing and agree on a solution.

4. The person conducting the appraisal must record all aspects of the appraisal process according to Article 31 of the Law on Judicial Appraisal (amended and supplemented in 2020) and according to the form prescribed in Article 19 of this Circular.

Article 14. The forensic conclusion report

1. The forensic conclusion report in the judicial field shall be carried out according to the form prescribed in Article 19 of this Circular.

2. In cases where a specific forensic expert is requested or required, the forensic conclusion report must bear the signature and clearly state the full name of the forensic expert.

3. In cases where an agency, organization, or unit specified in Article 7 of this Circular is requested to conduct an appraisal, in addition to the signature and full name of the appraiser, the forensic conclusion report must also be signed and stamped by the head of the agency, unit, or organization. The agency, organization, or unit requested to conduct the appraisal shall be responsible for the forensic conclusion report issued by them.

In cases where the Ministry of Justice is requested to conduct an appraisal, the Minister of Justice shall delegate the head of the specialized unit dealing with the matter to sign on behalf of the Minister and stamp the Ministry of Justice on the forensic conclusion report.

In cases where the Department of Justice is requested to conduct an appraisal, the Director of the Department of Justice shall sign and stamp the Department of Justice on the forensic conclusion report.

4. In cases where the Appraisal Council specified in Article 6 of this Circular conducts an appraisal in accordance with Clause 1 of Article 9 of this Circular, the Minister of Justice shall delegate the head of the specialized unit dealing with the matter to sign on behalf of the Minister on the forensic conclusion report.

In cases where the head of the specialized unit has conducted the appraisal as the Head of the Appraisal Team or Chairman of the Appraisal Council, the Minister of Justice shall delegate the Director of the Ministry's Office to sign on behalf of the Minister on the forensic conclusion report.

5. Upon completion of the forensic conclusion report, the organization or individual conducting the forensic appraisal, or the Appraisal Council, shall prepare a file requesting the agency or person requesting the appraisal to pay the necessary costs for the appraisal in accordance with the law on appraisal costs.

Article 15. Delivery of the Forensic Conclusion Report

1. Individuals and organizations conducting the appraisal must send the forensic conclusion report to the requesting agency or person immediately after issuance and retain the appraisal file. The forensic conclusion report may be delivered directly to the requesting agency or sent through postal service.

2. In cases of direct delivery, the person conducting the appraisal shall proceed with delivering the forensic conclusion report as follows:

a) Contact and notify the requesting agency or person to come and collect the forensic conclusion report and return the object of appraisal if it falls under the circumstances stipulated in Clause 4 of this Article;

b) Check the Introduction Letter and identification documents (People's Police Identity Card or Citizen Identification Card...) of the person collecting the forensic conclusion report and the object of appraisal;

c) Deliver one copy of the forensic conclusion report;

d) Inspect, seal, and hand over the object of appraisal (if any);

3. In cases of delivery through postal service, the person conducting the appraisal shall proceed with delivering the forensic conclusion report as follows:

a) Inspect, package, and seal one copy of the forensic conclusion report and the object of appraisal to be returned if it falls under the circumstances stipulated in Clause 4 of this Article;

b) Send the forensic conclusion report and the object of appraisal through postal service (with signature for receipt or sending slip).

4. In cases where the object of appraisal is evidence in a case or when necessary according to a written request from the requesting party, individuals and organizations conducting the appraisal shall return the object of appraisal after completing the appraisal. The handover and collection of the object of appraisal must be recorded in a protocol according to the form prescribed in Article 19 of this Circular.

Article 16. Establishment, preservation, and storage of judicial expertise files

1. Judicial expertise files within the field of judiciary, belonging to the group of files for resolving cases in professional management activities, shall be established, preserved, and stored in accordance with the provisions of the Law on Judicial Expertise (amended and supplemented in 2020), laws on archives and storage, and regulations of the agencies or units conducting the expertise.

2. The person conducting the expertise shall be responsible for establishing the expertise file, which includes the following main documents:

a) Request decision for expertise, supplementary request decision for expertise (if any), request decision for re-examination (if any), and the object of expertise, related information, documents, items, or comparison samples attached (if any);

b) Document assigning or appointing personnel to conduct judicial expertise, decision establishing the Expertise Team, or decision establishing the Expertise Council;

c) Handover and receipt record of the request for expertise and the object of expertise; opening record of sealed documents and items;

d) Expertise outline (if any);

d) Record of the expertise process;

e) Previous expertise conclusion or professional opinion and conclusion made by other organizations or individuals (if any); Photographic evidence of the expertise (if any);

g) Files, documents, vouchers related to the use of services serving forensic appraisal (if any);

h) Expertise conclusion;

i) Handover and receipt record of the expertise conclusion and return of the object of expertise (if any);

k) Other relevant documents for the expertise (if any).

3. Within one month from the completion date of the expertise, the person conducting the expertise shall be responsible for transferring the expertise file to the competent agency, organization, or unit for safekeeping and preservation in accordance with Clause 1 of this Article.

The expertise file of the Expertise Team shall be transferred to the unit where the member appointed as the Team Leader belongs.

The expertise file of the Expertise Council shall be transferred to the unit where the member serving as the Chairman of the Council belongs.

The agency, organization, or unit receiving the transfer of the judicial expertise file shall be responsible for preserving and storing it in accordance with the laws on archiving and the regulations of the Ministry of Justice.

4. The judicial expertise file may be accessed and utilized as follows:

a) The agency, organization, or unit receiving the transfer of the judicial expertise file as stipulated in Clause 3 of this Article shall be responsible for presenting the judicial expertise file when requested by the competent authority conducting litigation proceedings or the competent state management authority.

b) The person who has conducted the judicial expertise may access and utilize the judicial expertise file to serve participation in litigation proceedings at the request of the competent authority conducting litigation proceedings or the party requesting expertise.

c) Other cases as prescribed by relevant laws.

Article 17. Time limit for judicial expertise

The time limit for judicial expertise in the field of judiciary shall be implemented in accordance with Article 26a of the Law on Judicial Expertise (amended and supplemented in 2020). The time limits for each step in the expertise process are specified in the diagram of the expertise process in the field of judiciary issued together with this Circular.

Article 18. Professional standards applicable to judicial expertise activities

The professional standards applied to judicial expertise activities in the field of judiciary are the provisions in legal normative documents concerning the fields stipulated in Article 3 of this Circular and other related documents issued by the competent authorities or persons authorized to issue them.

Article 19. Forms of judicial appraisal documents

This Circular annexes 11 forms of judicial appraisal documents (Annex II).

Article 20. Treatment and policies for individuals and organizations conducting judicial appraisals in the field of justice

1. The performance of judicial appraisals by civil servants, public officials, and workers in the field of justice is a public service activity and they shall be entitled to receive judicial appraisal allowance according to the regulations of the Prime Minister.

2. Civil servants, public officials, and workers in the field of justice; units under the Ministry of Justice and Department of Justice; individuals and organizations practicing in the field of justice who complete their appraisal tasks well or actively participate in appraisal activities shall be promptly rewarded by the Minister of Justice or the Chairman of the Provincial People's Committee within their authority.

3. The heads of agencies and units where the appraisals are conducted have the responsibility to ensure time and other necessary conditions for the conduct of appraisals by their agencies, organizations; to take the lead and coordinate with relevant agencies and units to promptly propose rewards from the Minister of Justice or the Chairman of the Provincial People's Committee for individuals completing their appraisal tasks well or actively participating in appraisal activities within their agencies, units, or organizations.

Chapter IV

RESPONSIBILITY AND EFFECTIVENESS OF IMPLEMENTATION

Article 21. Responsibilities of agencies and units in managing judicial appraisals in the field of justice

1. The Judicial Support Bureau is the main unit assisting the Minister of Justice in organizing the implementation of judicial appraisal work in the field of justice, and has the responsibility to:

a) Lead and coordinate with specialized agencies or related agencies to organize the dissemination and popularization of laws on judicial appraisals, training, and enhancing knowledge of laws and appraisal skills for judicial appraisers in the field of justice;

b) Implement mid-term reviews, summaries, evaluations, and report on judicial appraisal activities in the field of justice;

c) Inspect, audit, and conduct judicial appraisals within their authority;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law;

d) Other tasks as prescribed in this Circular.

2. Responsibilities of specialized units under the Ministry of Justice:

a) Advise and propose content or guidelines for applying professional standards in appraisal activities, the conduct of appraisals in specialized fields or areas within their functional scope;

b) Build human resources for judicial appraisals in their management areas;

c) Prepare and be responsible for the content and materials for training and enhancing appraisal skills in specialized fields within their functional scope;

d) Coordinate with the Judicial Support Bureau and related agencies to organize training and enhance legal knowledge and appraisal skills for the appraisal workforce in the field of justice;

e) Organize the implementation of the establishment, preservation, and storage of appraisal files;

f) Propose rewards for appraisers under their unit;

g) Implement information and reporting as prescribed in this Circular;

h) Perform other tasks prescribed in this Circular.

3. Complaints and denunciations regarding judicial appraisals at the Ministry of Justice shall be handled in accordance with the laws on handling complaints and denunciations.

4. The Department of Justice assists the provincial People's Committee in managing judicial appraisal work in the field of justice in localities and has the responsibility to:

a) Assign units to act as the main liaison for the Department in managing judicial appraisal work in the field of justice within their jurisdiction;

b) Lead and coordinate with relevant agencies in organizing the enhancement of legal knowledge for judicial appraisers in the field of justice in localities;

c) Inspect, audit, handle complaints and denunciations regarding judicial appraisals within their authority;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law;

d) Annually report to the Ministry of Justice (through the Judicial Support Bureau) and the provincial People's Committee on the organization and activities of judicial appraisals in their specialized management areas in localities.

Article 22. Information and Reporting System

1. At the Ministry of Justice

a) Units directly requesting or assigned to conduct forensic examination, units having members as Heads of Forensic Examination Teams, or units having members as Chairpersons of Forensic Examination Councils at the Ministry of Justice shall be responsible for submitting reports on the results of forensic examinations upon completion of such examinations or at any time when required; before December 20 each year, they shall submit annual activity reports on forensic examinations according to the form prescribed in Article 19 of this Circular to the Bureau of Legal Assistance for consolidation and reporting to competent authorities as prescribed.

b) Before December 30 each year, the Bureau of Legal Assistance shall summarize and evaluate the organization and activities of forensic examinations within the field of justice and report to the Minister of Justice.

2. At local levels

a) Before December 15 each year, units directly requesting or assigned to conduct forensic examinations, units having members as Heads of Forensic Examination Teams (if any) shall be responsible for submitting written reports on the results of forensic examinations to the Department of Justice for reporting to the Provincial People's Committee and the Ministry of Justice.

b) Before December 20 each year, the Department of Justice shall summarize and evaluate the organization and activities of forensic examinations within the field of justice at the local level and propose commendations (if any) from the Provincial People's Committee and submit reports to the Ministry of Justice.

Article 23. Special Provisions

1. Judicial forensic examiners, individual judicial forensic examiners appointed or recognized under the provisions of the law prior to the effective date of this Circular, who still meet the criteria stipulated in Article 4 of this Circular and Clause 1 of Article 19 of the Law on Forensic Examinations, shall not need to undergo reappointment as judicial forensic examiners or recognition as individual judicial forensic examiners or forensic examination organizations under this Circular.

2. Requests for forensic examinations received and conducted prior to the effective date of this Circular but without issuance of forensic examination conclusions shall continue to be processed according to the provisions of this Circular.

Article 24. Effective Date

1. This Circular takes effect from December 29, 2023.

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to reflect them to the Ministry of Justice (through the Bureau of Legal Assistance) for consideration, guidance, and resolution./.

Handover of files, objects for forensic examination requests (maximum 05 days)

In cases where forensic examination matters have complex nature or large volume of work, the time for conducting forensic examination (step 3) and issuing forensic examination conclusions (step 4) may be extended, but the total duration of forensic examination shall not exceed four months.

1. Model Decision on Establishing a Forensic Examination Team (Form 01),

2. Model Decision on Establishing a Forensic Examination Council (Form 02).

3. Model Record of Handover of Files, Objects, Information, Documents, and Samples for Forensic Examination (Form 03).

4. Model Record of Opening Sealed Files, Objects, Information, Documents, and Samples for Forensic Examination (Form 04).

5. Model Document Recording the Process of Conducting Forensic Examination (Form 05).

6. Model Forensic Examination Conclusion (Form 06),

7. Model Record of Handover of Forensic Examination Conclusions and Return of Examination Objects (Form 07).

8. Model List of Documents in the Forensic Examination File (Form 08).

9. Model Logbook for Tracking Forensic Examination Requests (Form 09).

10. Model Report on the Results of Forensic Examination Cases (Form 10).

11. Model Annual Report on the Results of Forensic Examination Activities (Form 11).

Form 01: Model Decision on Establishing a Forensic Examination Team

Pursuant to …;
On the establishment of the Forensic Examination Team

(4)

Pursuant to the Law on Forensic Examinations No. 13/2012/QH13 dated June 20, 2012; the Law Amending and Supplementing Certain Articles of the Law on Forensic Examinations No. 56/2020/QH14 dated June 10, 2020;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examinations; Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and providing implementation measures for the Law on Forensic Examinations;

I

Pursuant to the Request for Forensic Examination No... dated... month... year... of...;

Based on the proposal of... (3)...

Pursuant to …;

Article 1. Establish the Appraisal Team to conduct judicial appraisal pursuant to the Request for Appraisal Decision number ... dated ... month ... year ... of ..., consisting of the following named gentlemen (ladies):

Article 2. The Appraisal Team specified in Article 1 of this Decision shall conduct judicial appraisal in accordance with the laws on judicial appraisal and may use the seal of …(5)…to serve the implementation of the appraisal.

Article 3. This Decision takes effect from the date of signature.

Article 4…(6)…and the named gentlemen (ladies) in Article 1 are responsible for implementing this Decision.

As Article 4 (for implementation):

Name of the Intermediate Authority Requesting Appraisal;

To be filed: VT, ...

(1) Abbreviation of the name of the authority or organization conducting the appraisal, for example, Ministry of Justice is abbreviated as BTP.

(2) Head of the authority or organization conducting the appraisal.

(3) Unit assigned to conduct the appraisal or primarily responsible for conducting the appraisal.

(4) Record the full name, position, and judicial appraiser card number for each judicial appraiser who has been issued a card (if applicable).

(5) Authority or organization issuing the Decision to establish the Appraisal Team.

(6) Head of the unit assigned to conduct the appraisal, Heads of related units.

Pursuant to …;
Regarding the establishment of the Appraisal Council

THE MINISTER OF JUSTICE

Pursuant to the Law on Forensic Examinations No. 13/2012/QH13 dated June 20, 2012; the Law Amending and Supplementing Certain Articles of the Law on Forensic Examinations No. 56/2020/QH14 dated June 10, 2020;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examinations; Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and providing implementation measures for the Law on Forensic Examinations;

Decree No. 98/2022/NĐ-CP dated November 29, 2022 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on the Second Re-request for Appraisal Decision number ... dated ... month ... year ... of ...;

Considering the proposal of the Department of Judicial Assistance.

Pursuant to …;

Article 1. Establish the Appraisal Council to conduct judicial appraisal pursuant to the Second Re-request for Appraisal Decision number ... dated ... month ... year ... of ..., consisting of the following named gentlemen (ladies):

Article 2. The Appraisal Council specified in Article 1 of this Decision shall conduct judicial appraisal in accordance with the laws on judicial appraisal and may use the seal of …(2)…to serve the implementation of the appraisal.

Article 3. This Decision takes effect from the date of signature.

Article 4. The Director of the Office of the Ministry, the Director of the Department of Judicial Assistance, Heads of related units, and the named gentlemen (ladies) in Article 1 are responsible for implementing this Decision./.

(Signature, stamp)

Deputy Minister in charge (for knowledge):

Name of the Intermediate Authority Requesting Appraisal:

To be filed: VT, Department of Judicial Assistance.

Explanation of Form 02:

(1) Record the full name, position, and judicial appraiser card number for each judicial appraiser who has been issued a card (if applicable).

(2) Authority issuing the Decision to establish the Appraisal Council.

Form 03: Sample of the Minutes of Handover of Case Files, Objects, Information, Documents, and Samples for Appraisal

RECORD

Today, at ... hours ... on the ... day of ... month of ... year ... at ... (1)...

We include:

1. Party handing over: The requesting party or representative of the requesting authority:

Mr./Ms.: …Position: …

2. Party receiving: The appraising party or representative of the appraising authority:

Conducting the handover of case files, objects for appraisal, information, documents, items, samples accompanying the Request for Appraisal Decision number …(2)…

a) Both parties have handed over the case files, objects for appraisal, information, documents, items, samples, specifically (3):

Object for appraisal:

Case files, documents:

Items, samples:

Other objects (if any):

b) Condition of the object for appraisal, related documents, items when handing over:

c) Method of preserving the object for appraisal, related documents, items when handing over:

This minutes has been read and agreed upon by both parties and established in two copies, each party retains one copy, having equal validity.

The handover was completed at ... hours ... on the ... day of ... month of ... year ...

PARTY HANDING OVER (Signature, full name) PARTY RECEIVING (Signature, full name)

Explanation of Form 03:

(1) Record the specific address, location where the handover took place.

(2) Record clearly: number, date, month, year of the Request for Appraisal Decision; type of decision (supplementary appraisal request, re-appraisal request, initial appraisal request, second appraisal request); Name of the requesting judicial appraisal authority/ Full name of the authorized person conducting litigation requesting judicial appraisal.

(3) Record specifically each type of case file, object for appraisal, information, document, item, sample handed over (name, type, number, code, date, month, year, summary of content).

Form 04: Sample of the Minutes of Opening Sealed Case Files, Objects, Information, Documents, and Samples for Appraisal

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

RECORD

Opening sealed case files, objects, information, documents, items, samples for appraisal

Today, at ... hours ... on the ... day of ... month of ... year ... at …(1) …

Based on the Request for Appraisal Decision number ... dated ... month ... year ... of …(2)…

We include:

The sealing opening and handover of the object for appraisal according to the above Request for Appraisal Decision (or Handover Minutes dated ... month ... year ... or Postal Item with serial number …) were conducted.

Status of the case files, documents, items, samples sent for appraisal: (3)

I

I

This minutes has been read and agreed upon by both parties and established in two copies, each party retains one copy, having equal validity.

The sealing opening was completed at ... hours ... on the ... day of ... month of ... year ...

Explanation of Form 04:

(1) Record the specific address, location where the sealing opening took place.

(2) Record clearly: number, date, month, year of the Request for Appraisal Decision; type of decision (supplementary appraisal request, re-appraisal request, initial appraisal request, second appraisal request); Name of the requesting judicial appraisal authority/ Full name of the authorized person conducting litigation requesting judicial appraisal.

(3) Record clearly the sealing condition, packaging method, and preservation; name, quantity of each type of appraisal document; related items, samples (if any).

Form 05: Sample of the Document Recording the Process of Conducting Judicial Appraisal

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

DOCUMENT

Recording the process of conducting judicial appraisal

Implementing the Request for Appraisal Decision ... (1) ...;

Implementing the Assignment Document, Appointment Decision, or Establishment Decision of the Appraisal Team or Appraisal Council ... (2) ...;

…- Judicial Appraiser (Card Number:…)/Person conducting judicial appraisal for the case

…- Judicial Appraiser (Card Number:……)/Person conducting judicial appraisal for the case

…- Assistant to the person conducting judicial appraisal (if any). The appraisal was conducted and the process of conducting the appraisal was as follows:

1. Status of information, documents, objects sent for appraisal and related information, documents:

2. Time and location of conducting the appraisal:

3. Work content carried out:

3.1. Content 1:

Equipment, machinery, devices, services used (if any): …Result of the appraisal:

Information, documents, objects for appraisal reviewed and evaluated …Method of conducting: …

Legal basis, professional standards applied: …

Equipment, machinery, devices, services used (if any): …Result of the appraisal:

......................................................................................................... ......................................................................................................... .........................................................................................................

(Signature, full name)

Explanation of Form 05:

(1) Specify: the number, date, month, year of the Decision requesting forensic examination; the type of decision (supplementary forensic examination request, re-examination request, initial examination request, second examination request); the name of the agency requesting forensic examination; or the full name of the authorized person requesting forensic examination.

(3) The document must contain signatures (full names clearly stated) of all forensic examiners and assistants to the forensic examiner (if any).

Form 06: Model of Forensic Examination Conclusion

Form 06a: Model of Forensic Examination Conclusion by an Individual Specifically Requested to Conduct the Examination

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

FORENSIC EXAMINATION CONCLUSION

I. General Information about the Case

Based on the Decision requesting forensic examination number ... dated ... month ... year ..., I am named: ... - Forensic Examiner (License Number: ...) / Forensic Examiner for this case

have received the Decision requesting forensic examination number ... and accompanying documents and files from the requesting agency on ... month ... year ... (Appendix attached) and have conducted research and examination at: ... (1)... from ... month ... year ... to ... month ... year ...

II. Content of the Forensic Examination Requests Considered and Evaluated (2)

I am a fifteen-year-old boy residing in the United States. I have been a member of the Republican Party since I was twelve years old. I am a member of the Young Republicans. I am a member of the Republican Youth Council. I am a member of the Republican National Committee.

Specific documents, information, objects subject to examination and evaluation (if any)

Specific legal basis/technical standards for examining and evaluating the issue/object requiring examination: …

Specific documents, information, objects subject to examination and evaluation (if any)

Specific legal basis/technical standards for examining and evaluating the issue/object requiring examination: …

Opinion and conclusion:

(Signature, full name)

Place of Receipt:

The Sea Cloud Oka owner:

(1) Clearly state the location where the examination was conducted.

(2) Clearly state the questions and requirements for examination that were examined and evaluated.

(3) Clearly state the opinion, evaluation, and professional conclusion on the contents required for examination as stated in Section II of this Conclusion.

(4) Only mention the point, clause, or article of the document without quoting the content of the document in the Conclusion.

Form 06b: Model of the examination conclusion issued by the organization conducting the examination

FORENSIC EXAMINATION CONCLUSION

1. General information about the case

Based on the Decision on Request for Examination number ... dated ... month ... year... of ..., on ... month ... year ..., the Ministry of Justice/Department of Justice/... has assigned us:

1. Mr./Mrs.:... - Judicial Appraiser (License number:...)/Person conducting judicial examination according to the case

Position: ... Belongs to agency/unit/organization: ...

2. Mr./Mrs.:... - Judicial Appraiser (License number:...)/Person conducting judicial examination according to the case

Position: ... Belongs to agency/unit/organization: ...

We received the Decision on Request for Examination number ... and accompanying documents/file on ... month ... year... (List attached) and proceeded to study and conduct the examination at: ... (3)... from ... month ... year ... to ... month ... year ...

II. Contents of the examination requests examined and evaluated (4)

I am a 10-year-old boy named Alex. I live with my parents and two younger siblings in a big house. My favorite hobby is playing soccer. I also like reading books and watching cartoons. I'm really good at math and science. I'm going to be a doctor when I grow up!

III. Methods of conducting the examination

IV. Opinions, evaluations, conclusions on the issues requiring examination (5)

1. Content 1

Specific documents, information, objects subject to examination and evaluation (if any)

Opinion and conclusion:

2. Content 2

Specific documents, information, objects subject to examination and evaluation (if any) are examined and evaluated based on specific legal basis/technical standards (6) for examining and evaluating the issue/object requiring examination: …

Opinion and conclusion:

I am a 10-year-old boy named Alex. I live with my parents and two younger siblings in a big house. My favorite hobby is playing soccer. I have a pet dog named Max who is my best friend. We play together every day after school.

Place of Receipt:

Central examination authority:

Unit assigned to advise on management

GDTP of the Ministry of Justice/Department of Justice.

Notes on Form 06b:

(1) Abbreviation of the name of the specialized unit assigned to conduct the examination or to lead the examination (for example, if the examination regarding auctioned assets is led by the Department of Legal Aid, it will be written as: Number: ... /KL-BTP/BTTP).

(2) Official letter assigning personnel/Decision establishing the Examination Team/Decision establishing the Examination Board.

(3) Clearly state the location where the examination was conducted.

(4) Clearly state the questions and requirements for examination that were examined and evaluated.

(5) Clearly state the opinions, evaluations, and professional conclusions on the contents required for examination as stated in Section II of this Conclusion.

(6) Only mention the point, clause, or article of the document without quoting the content of the document in the Conclusion.

(7) Signature and stamp of the organization requesting the examination. (8) Sign and clearly write the full name of each examiner.

Form 07: Model of the handover record for examination conclusions and return of examination objects

No.: No.: ... / ...-DA

RECORD OF HANDOVER OF EXAMINATION CONCLUSIONS,
RETURN OF EXAMINATION OBJECTS

Based on the Law on Judicial Examination (amended and supplemented in 2020);

Based on Circular No. 09/2023/TT-BTP dated December 29, 2023 of the Minister of Justice on judicial examination in the field of justice;

Based on the Decision on Request for Examination number ... (1) ...;

Based on the Record of Handover and Receipt of Examination Files, Objects, Information, Documents, Items, Samples on ... month ... year ... at ...;

(4)

Today, at ... o'clock ... on ... month ... year ... at: …(3)…We include:

1. Examiner or representative of the examination conducting organization (Handing over party) Mr./Mrs. …Position …

Examination Conclusion number ... dated ... month ... year ... of ...

Examination object handed over/received back after examination …(4)…

This minutes has been read and agreed upon by both parties and established in two copies, each party retains one copy, having equal validity.

The handover was completed at ... hours ... on the ... day of ... month of ... year ...

PARTY HANDING OVER (Signature, full name) PARTY RECEIVING (Signature, full name)

Notes on Form 07:

(1) Clearly state: number, date, month, year of the Decision on Request for Examination; type of decision (supplementary examination request, re-examination, first examination, second examination); Name of the organization requesting judicial examination/Name, title of person authorized to initiate litigation requesting judicial examination.

(2) Supplementary handover record, first, second, third time... (if any).

(4) Clearly state the name, quantity, condition, packaging, sealing method, and related items, documents.

Form 08: Model of the list of documents in the examination file

LIST OF DOCUMENTS IN THE EXAMINATION FILE

Notes on Form 08:

(1) Clearly state the characteristics of the documents (original/copy...).

(3) Document assigning, appointing personnel to conduct the examination or Decision establishing the Examination Team or Decision establishing the Examination Board.

Form 09: Model of the logbook for requests for judicial examination

LOGBOOK FOR REQUESTS FOR JUDICIAL EXAMINATION YEAR...

Notes on Form 09:

(1) Clearly state the number, date, month, year of issuance of the Decision, name of the organization/person requesting.

(3) Clearly state the reason for refusing to accept the request for examination.

(4) Clearly state the number, date, month, year of the document appointing personnel/establishing the Examination Team/Examination Board (5) Clearly state the number, date, month, year of issuance of the Examination Conclusion

(6) Clearly state: date, form of returning the Examination Conclusion; sign, clearly write the full name, place of work of the person receiving the Examination Conclusion in case of direct delivery.

Form 10: Model of the report on the results of the examination case

Respectfully submitted to:... (2)...

Implementing the provisions of Circular No. 09/2023/TT-BTP dated December 29, 2023 of the Minister of Justice on judicial examination in the field of justice;

... (3) ... hereby reports on the results of the judicial examination case, specifically as follows:

1. Decision on Request for Examination, document requesting judicial examination: (4)

2. Examination content: (5)

3. Examination deadline: (6)

4. Examiner: (7)

5. Examination period: (8)

6. Examination Conclusion: (9)

7. Difficulties, obstacles, proposals, recommendations (if any):

Notes on Form 10:

(1) Abbreviation of the name of the unit entrusted to carry out forensic examination/the unit with members entrusted to be the focal point of the Forensic Examination Team/the unit with members as Chairpersons of the Forensic Examination Board.

(3) Name of the agency or organization carrying out the examination.

(4) Clearly state the number, date, and authority requesting the examination in the request decision, supplementary request decision, or re-request decision.

(5) If summarizing the content of the examination request according to the request decision,

(6) Specify clearly the examination period if stated in the request document.

(7) If specifically and fully stating the names of the persons conducting the examination according to the assignment document, appointment document for the person conducting the examination, Decision on Establishing the Forensic Examination Team, or Decision on Establishing the Forensic Examination Board.

(8) Actual time taken to conduct the examination.

(9) Clearly record the number, code, date of issuance of the Forensic Examination Conclusion.

Form 11: Model report on the results of forensic examination work in the year

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

REPORT

Results of forensic examination work in the year …

Respectfully submitted to: …(4)…

I. Situation regarding organization, operation, and management of forensic examination

1.1. Regarding appointment and issuance of forensic examiner certificates; removal and revocation of forensic examiner certificates

Appointment and issuance of forensic examiner certificates: …persons.

Removal and revocation of forensic examiner certificates: …persons.

+ ... persons;

Revocation of recognition of forensic examination organizations and individuals by case: …persons;

+ …persons;

1.3. Regarding changes in information of forensic examination organizations and individuals

Changes in information of forensic examination organizations by case: …organizations.

Forensic examiners: …persons.

+ Forensic examiners by case: ... persons.

2. Regarding implementation of forensic examinations

2.1. Regarding implementation of examination requests: Total number of request decisions: …decisions, including:

Number of received request decisions: ... decisions.

+ Number of decisions that have issued examination conclusions: ... decisions.

+ Number of decisions currently undergoing examination: ... decisions.

+ Number of decisions temporarily suspended from examination (if any): …decisions. Reason:

Number of rejected request decisions: …decisions. Reason:

2.2. Regarding implementation of examination requirements (if any): Total number of examination requirements: …requirements, including:

Number of received examination requirements: ... requirements.

Number of requirements that have issued examination conclusions: …requirements.

Number of requirements currently undergoing examination: ... requirements.

+ Number of temporarily suspended examination requirements (if any): …requirements. Reason:

Number of rejected examination requirements: …requirements. Reason:

3. Regarding management

3.1. Regarding organization of training and instruction

3.2. Regarding inspection and audit

III. Difficulties and Obstacles and Causes

1. Difficulties and Obstacles

1.1. Regarding organization of forensic examination

1.2. Regarding activities of forensic examination

Regarding examination requests and requirements

Regarding implementation of examinations

1.3. Regarding management of forensic examination

2. Causes

III. RECOMMENDATIONS AND PROPOSALS

As above; (Signature, Seal)

Director of Cloud Sea II:

(1) Name of the directly managing agency or organization (if any),

(3) Abbreviation of the name of the unit entrusted to carry out forensic examination/the unit with members entrusted to be the focal point of the Forensic Examination Team/the unit with members as Chairpersons of the Forensic Examination Board.

(4) Name of the agency or unit authorized to receive the report.