Law on Judicial Appraisal No. 13/2012/QH13

LAW

Judicial Appraisal

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Forensic Appraisal.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates forensic appraisers; forensic appraisal organizations; individual forensic appraisers for specific cases, forensic appraisal organizations for specific cases; forensic appraisal activities; costs of forensic appraisal, regulations, policies in forensic appraisal activities and the responsibilities of state agencies towards forensic appraisal organizations and activities.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

4. Individual, organization conducting forensic appraisal includes forensic appraisers, individual forensic appraisers for specific cases, public forensic appraisal organizations, non-public forensic appraisal organizations, and forensic appraisal organizations for specific cases.

5. Individual forensic appraiser includes forensic appraisers and individual forensic appraisers for specific cases.

6. Forensic appraiser is a person meeting the criteria specified in Clause 1 of Article 7 of this Law, appointed by a competent state agency to conduct forensic appraisals.

7. Individual forensic appraiser for specific cases is a person meeting the criteria specified in Clause 1 or Clause 2 of Article 18 and Article 20 of this Law, requested or required to conduct an appraisal.

8. Forensic appraisal organization for specific cases is an agency or organization meeting the criteria specified in Article 19 and Article 20 of this Law, requested or required to conduct an appraisal.

Article 3. Principles for Conducting Judicial Appraisal

2. Truthfulness, accuracy, objectivity, impartiality, timeliness.

3. Only conclude on specialized issues within the scope of the request.

4. Be responsible under the law for the conclusions of the forensic appraisal.

Article 4. Responsibilities of individuals and organizations towards forensic appraisal activities

1. Individuals and organizations requested or required to conduct forensic appraisals have the responsibility to accept and carry out forensic appraisals in accordance with this Law and other relevant laws.

2. Other individuals and organizations have the responsibility to create conditions for forensic appraisers to carry out appraisals in accordance with this Law and other relevant laws.

Article 5. State Policy on Judicial Appraisal Activities

1. The State invests in and develops public forensic appraisal organizations in fields with high and frequent demand for appraisals to meet the requirements of judicial proceedings; implements preferential policies to facilitate the development of non-public forensic appraisal organizations.

2. The State prioritizes training and professional development for forensic appraisers.

Article 6. Prohibited Acts

1. Refuse to issue a conclusion on forensic appraisal without a legitimate reason.

2. Intentionally issue a false conclusion on forensic appraisal.

4. Exploit forensic appraisal activities for personal gain.

5. Disclose confidential information obtained during the forensic appraisal process.

6. Incite or compel a forensic appraiser to issue a false conclusion on forensic appraisal.

7. Interfere or obstruct the forensic appraisal process conducted by a forensic appraiser.

Chapter II

FORENSIC APRAISER

Article 7. Criteria for appointing judicial experts

1. Vietnamese citizens permanently residing in Vietnam who meet the following criteria may be considered for appointment as judicial experts:

a) Losing civil capacity or being restricted in civil capacity;

b) Having a bachelor's degree or higher and having worked in their specialized field for at least five years.
In the case of individuals proposed for appointment as forensic medical, forensic psychiatric, or criminal technical experts, if they have directly assisted in expert activities at forensic medical, forensic psychiatric, or criminal technical organizations, the actual work experience in their specialized field must be at least three years.

c) For individuals proposed for appointment as judicial experts in the fields of forensic medicine, forensic psychiatry, and criminal technique, they must hold a certificate indicating completion of training or professional development in expert activities.

2. Individuals falling under any of the following circumstances shall not be appointed as judicial experts:

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, forensic examiners in the fields of technology, equipment, machinery, atomic energy, and industrial property (for objects such as inventions, integrated circuit layout designs) must have a bachelor's degree or higher in the following majors:

b) Currently being pursued for criminal responsibility; previously convicted but not yet rehabilitated for negligent crimes or minor intentional crimes; previously convicted for serious, very serious, or extremely serious intentional crimes.

c) Currently subject to administrative educational measures at commune, ward, town level, compulsory drug rehabilitation centers, or compulsory educational institutions.

3. The Minister, Head of a ministerial-level agency shall specify detailed regulations for this Article 1 concerning judicial experts in fields under their management authority after reaching consensus with the Minister of Justice.

Article 8. Documents for Proposing Appointment of Judicial Experts

2. A copy of the bachelor's degree or higher diploma relevant to the proposed specialized field.

4. Certificate confirming the actual time spent on professional activities at the agency or organization where the proposed appointee works.

4. A certificate from the organization where the proposed appointee works, confirming their actual work experience in their specialized field.

5. A certificate of training or professional development in expert activities for individuals proposed for appointment as judicial experts in the fields of forensic medicine, forensic psychiatry, and criminal technique.

Article 9. Authority, Procedure, and Formalities for Appointing Judicial Experts
1. The Minister of Health appoints forensic medical and forensic psychiatric experts working at central agencies.
The Minister of Public Security appoints criminal technical experts working at central agencies.
The Minister, Head of a ministerial-level agency appoints judicial experts working in other fields at central agencies within their management scope.

1. Cases for the dismissal of judicial appraisers:

a) No longer meeting the criteria stipulated in Clause 1, Article 7 of this Law;

b) Belonging to one of the cases specified in Clause 2, Article 7 of this Law;

c) Being disciplined with a warning or higher, or being administratively punished due to intentional violation of laws on judicial appraisal;

d) Committing one of the acts prescribed in Article 6 of this Law;

đ) Upon the proposal of a judicial appraiser who is a civil servant, public official, military officer, police officer, professional soldier, or defense industry worker, if they have a decision to retire or cease work to enjoy retirement benefits.

2. The dossier for proposing the dismissal of a judicial appraiser includes:

a) A document proposing the dismissal of a judicial appraiser from the agency or organization that proposed their appointment;

b) Documents and papers proving that the judicial appraiser falls under one of the cases specified in Clause 1 of this Article.

3. The Minister of Public Security and the Minister of National Defense shall examine and propose the Minister of Health to dismiss forensic medical appraisers within their management authority.
The Minister of National Defense shall examine and propose the Minister of Public Security to dismiss criminal technical appraisers within their management authority.
The Minister or Head of a ministry-level agency shall dismiss judicial appraisers working at central agencies in fields under their management authority based on the proposal of the head of the unit entrusted with managing judicial appraisal activities.
The Chairman of the People's Committee of a province shall dismiss judicial appraisers in local areas based on the proposal of the head of the specialized agency of the People's Committee after reaching consensus with the Director of the Department of Justice.

4. Within ten days from the date of receiving a valid dossier, the Minister, Head of a ministry-level agency, or Chairman of the People's Committee of a province shall examine and decide on the dismissal of judicial appraisers and adjust the list of judicial appraisers on the electronic portal of the ministry, ministry-level agency, or provincial People's Committee, and simultaneously send it to the Ministry of Justice to adjust the general list of judicial appraisers.

Article 11. Rights and Obligations of Judicial Appraisers

1. Conducting appraisals upon request or demand of the requesting party or according to the assignment of the agency or organization making the request or demand.

3. Participating in training courses on appraisal skills and legal knowledge.

4. Establishing a Judicial Appraisal Office when meeting the conditions stipulated in Article 15 of this Law.

5. Establishing or participating in associations of judicial appraisers in accordance with the law on associations.

6. Enjoying benefits and policies as prescribed in this Law and other relevant laws.

7. The rights and obligations prescribed in Article 23 and Clause 1, Article 34 of this Law.

Chapter III

FORENSIC EXAMINATION ORGANIZATIONS

Section 1

ORGANIZATION OF PUBLIC JUDICIAL APPRAISAL

Article 12. Public forensic appraisal organizations

1. Public forensic appraisal organizations shall be established by competent state agencies in the fields of forensic medicine, forensic psychiatry, and criminal technical sciences.
In cases of necessity, the Minister, Head of a ministerial-level agency, or Chairman of the People's Committee at the provincial level may consider and decide to establish or submit to the competent authority for establishment public forensic appraisal organizations in other fields after reaching consensus with the Minister of Justice.

2. Public forensic appraisal organizations in forensic medicine include:

a) The National Forensic Medicine Institute under the Ministry of Health;

b) Provincial Forensic Medicine Centers;

c) The Military Forensic Medicine Institute under the Ministry of National Defense;

d) The Forensic Science Appraisal Center under the Institute of Criminal Science, Ministry of Public Security.

3. Public forensic appraisal organizations in forensic psychiatry include:

a) The Central Forensic Psychiatry Institute under the Ministry of Health;

b) Regional Forensic Psychiatry Centers under the Ministry of Health.
Based on the requirements for forensic psychiatric appraisals in litigation activities and the actual conditions of regions and areas nationwide, the Minister of Health may consider and decide to establish Regional Forensic Psychiatry Centers after reaching consensus with the Minister of Justice.

a) The Institute of Criminal Science under the Ministry of Public Security;

b) Criminal Technical Science Departments under Provincial Public Security Departments;

c) Criminal Technical Science Appraisal Departments under the Ministry of National Defense.

6. Public forensic appraisal organizations shall have their own seals and bank accounts in accordance with the provisions of the law.

Article 13. Ensuring material foundations for public forensic appraisal organizations

1. Public forensic appraisal organizations shall be guaranteed by the State with material foundations, funds, equipment, means, and other necessary conditions for conducting forensic appraisals.

2. Operating funds for public forensic appraisal organizations shall be guaranteed from the state budget and other sources in accordance with the provisions of the law.

3. The Ministry of Health shall stipulate the conditions for material foundations, equipment, and appraisal means for public forensic appraisal organizations in the fields of forensic medicine and forensic psychiatry.
The Ministry of Public Security shall stipulate the conditions for material foundations, equipment, and appraisal means for public forensic appraisal organizations in the field of criminal technical sciences.

Section 2

PRIVATE PUBLIC FORENSIC APPRAISAL ORGANIZATIONS

Article 14. Forensic Appraisal Office

1. A Forensic Appraisal Office is a private public forensic appraisal organization established in the fields of finance, banking, construction, antiques, cultural relics, and copyright.

2. A Forensic Appraisal Office established by one judicial appraiser shall be organized and operate as a sole proprietorship business. A Forensic Appraisal Office established by two or more judicial appraisers shall be organized and operate as a partnership company.
The legal representative of a Forensic Appraisal Office is the Director of the Office. The Director of a Forensic Appraisal Office must be a judicial appraiser.

Article 15. Conditions for Establishing a Judicial Appraisal Office

1. A judicial appraiser may establish a Judicial Appraisal Office if they meet the following conditions:

b) Having a proposal for establishment in accordance with point d, Clause 2, Article 16 of this Law.

2. Civil servants, public officials, civil servants, military officers, police officers, professional soldiers, and defense workers are not permitted to establish a Judicial Appraisal Office.

Article 16. Permitting the Establishment of a Judicial Appraisal Office

1. The Chairman of the People's Committee of the province where the office will be located shall consider and decide on granting permission to establish a Judicial Appraisal Office upon the recommendation of the Director of the Department of Justice.

2. A judicial appraiser requesting permission to establish a Judicial Appraisal Office shall submit the application to the Department of Justice. The application includes:

a) An application for permission to establish;

b) A copy of the Decision appointing the judicial appraiser;

c) A draft Regulation on the organization and operation of the Judicial Appraisal Office;

d) The proposal for establishing the Judicial Appraisal Office must clearly state the purpose of establishment; the proposed name, personnel, location of the office; material conditions, equipment, and means of appraisal according to the regulations of the ministry or agency equivalent to a ministry managing the specialized field of appraisal and implementation plans.

Article 17. Registration of Activities of a Judicial Appraisal Office

1. Within one year from the date the Chairman of the provincial People's Committee decides to grant permission to establish, the Judicial Appraisal Office shall register its activities with the Department of Justice.
After one year from the date the Chairman of the provincial People's Committee decides to grant permission to establish, if the Judicial Appraisal Office does not register its activities, the Decision granting permission to establish the Judicial Appraisal Office shall become invalid.

2. The Judicial Appraisal Office shall submit registration documents to the Department of Justice. The documents include:

a) A request for registration of activities;

b) Regulations on the organization and operation of the Judicial Appraisal Office;

c) Documents proving that the Judicial Appraisal Office meets the conditions for operation as stipulated in point d, Clause 2, Article 16 of this Law;

d) A copy of the Decision granting permission to establish the Judicial Appraisal Office.

4. The Judicial Appraisal Office may commence operations from the date it receives the Certificate of Registration of Activities.

Chapter IV

JUDICIAL APPRAISER BY CASE,

Number………/CL-ORGAPPA

Article 18. Persons conducting forensic examination on a case-by-case basis

1. Vietnamese citizens permanently residing in Vietnam who meet the following criteria may be selected to conduct forensic examination on a case-by-case basis:

a) Losing civil capacity or being restricted in civil capacity;

b) Having a bachelor's degree or higher and having worked in their specialized field for at least five years.

2. In cases where individuals without a university degree but with deep knowledge and extensive practical experience in the relevant field may also be selected to conduct forensic examination on a case-by-case basis.

3. Persons conducting forensic examination on a case-by-case basis shall carry out examinations upon request for examination as stipulated in this Law. Such persons have rights and obligations as prescribed in Clauses 1, 2, 3, 6, and 7 of Article 11 of this Law.

Article 19. Organizations conducting forensic examination on a case-by-case basis

1. Organizations conducting forensic examination on a case-by-case basis must meet the following conditions:

a) Having legal personality;

b) Engage in specialized activities consistent with the content of the requested examination;

c) Have adequate staff and facilities to ensure the implementation of forensic examination.

2. Organizations conducting forensic examination on a case-by-case basis shall carry out examinations upon request for examination as stipulated in this Law. The head of the organization is responsible for receiving and assigning personnel to conduct forensic examination.

1. The Ministry of Construction, the Ministry of Finance, the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Transport, the Ministry of Science and Technology, the Ministry of Agriculture and Rural Development, the State Bank of Vietnam, other ministries, ministerial-level agencies, and provincial People's Committees are responsible for selecting, establishing, and annually publishing lists of persons and organizations conducting forensic examination on a case-by-case basis within their respective areas of management to meet the requirements of forensic examination in litigation activities.
The list, accompanied by information about the specialty, experience, and capacity of persons and organizations conducting forensic examination on a case-by-case basis, will be posted on the electronic portal of the ministry, ministerial-level agency, or provincial People's Committee, and simultaneously sent to the Ministry of Justice to establish a comprehensive list.

2. In special cases, the requesting party may request individuals or organizations with the necessary qualifications not included in the published list to conduct the examination, but must provide clear reasons.
Upon request from the investigative authority, the prosecutor, the ministry, ministerial-level agency, or specialized agency of the provincial People's Committee managing the examination area, there is a responsibility to introduce individuals or organizations with the necessary qualifications to conduct examinations outside the published list.

Chapter V

JUDICIAL APPRAISAL ACTIVITIES

Article 21. Rights and Obligations of the Requesting Party for Forensic Examination

1. The requesting party has the right:

a) To request individuals or organizations specified in Clause 4 of Article 2 of this Law to conduct the examination;

b) To require individuals or organizations specified in point a of Clause 1 of this Article to provide examination conclusions in accordance with the content and time limit requested;

c) To request individuals or organizations that have conducted forensic examination to explain the examination conclusion.

a) To select individuals or organizations to conduct the examination that are suitable for the nature and requirements of the case requiring examination;

b) To issue a written decision requesting the examination;

c) To provide information and materials related to the subject of the examination upon request of the individual or organization conducting the forensic examination;

d) To advance the costs of forensic examination when requesting the examination; to promptly and fully pay the examination costs to the individual or organization conducting the examination upon receipt of the examination conclusion;

đ) To ensure the safety of forensic examiners during the examination process or when participating in litigation proceedings as a forensic examiner.

Article 22. Rights and Obligations of the Party Requesting Forensic Appraisal

2. The party requesting forensic appraisal has the rights:

a) To request individuals or organizations conducting forensic appraisal to provide the appraisal conclusion within the agreed timeframe and according to the requested content;

b) To request individuals or organizations that have conducted forensic appraisal to explain the appraisal conclusion;

c) To propose the Court to summon the forensic appraiser who has conducted the appraisal to participate in the trial to explain and present about the appraisal conclusion;

3. The party requesting forensic appraisal has the obligations:

a) To provide information and materials related to the object of appraisal at the request of the forensic appraiser and to be responsible for the accuracy of the information and materials provided by them;

b) To pay the advance cost of forensic appraisal when requesting the appraisal; to promptly and fully settle the cost of forensic appraisal for individuals or organizations conducting the appraisal upon receiving the appraisal conclusion.

4. The party requesting forensic appraisal may only exercise the right to request the appraisal themselves before the Court issues a decision to commence the trial.

Article 23. Rights and Obligations of the Forensic Appraiser when Conducting Forensic Appraisal

1. The forensic appraiser has the rights:

a) To choose necessary and appropriate methods to conduct the appraisal according to the content of the appraisal request;

b) To use the results of additional experiments, tests, or specialized conclusions made by other individuals or organizations to serve the appraisal;

2. The forensic appraiser has the obligations:

a) To comply with the principles of conducting forensic appraisal;

b) To conduct the appraisal according to the content of the appraisal request;

c) To complete and deliver the appraisal conclusion within the required timeframe; in cases where additional time is needed to conduct the appraisal, timely notification must be given to the requesting party;

d) To establish an appraisal file;

đ) To preserve the samples and materials related to the appraisal case;

e) Not to disclose the results of the appraisal to others, except with the written consent of the requesting party;

g) To bear personal responsibility for the appraisal conclusion issued by them. In case of intentionally issuing a false appraisal conclusion causing damage to individuals or organizations, they must also compensate according to the provisions of the law.

3. In addition to the rights and obligations stipulated in Clauses 1 and 2 of this Article, the forensic appraiser has other rights and obligations as prescribed by the law on procedure.

1. Organizations requested to conduct forensic appraisal have the rights:

a) To request the requesting party to provide necessary information and materials for the appraisal;

b) To refuse to conduct the appraisal if there are insufficient conditions to support the conduct of the appraisal;

c) To receive advance payment for the cost of forensic appraisal upon accepting the request for forensic appraisal; to be promptly and fully settled the cost of forensic appraisal when delivering the appraisal result.

2. Organizations requested to conduct forensic appraisal have the obligations:

a) To accept and assign individuals with suitable expertise to conduct the appraisal according to the content of the request and to be responsible for their professional capacity; to assign individuals responsible for coordinating the conduct of the appraisal in cases requiring multiple individuals to conduct the appraisal;

b) To ensure equipment, means, and other necessary conditions for the conduct of the appraisal;

c) To compensate for damages in cases where the individual assigned by them intentionally issues a false appraisal conclusion, causing damage to individuals or organizations;

d) To notify the requesting party in writing within five working days from the date of receipt of the decision to request forensic appraisal, stating the reasons in case of refusal to accept the request for forensic appraisal.

1. The person requesting the judicial appraisal decides to request the judicial appraisal in writing and sends the decision along with the object to be appraised and related documents or items (if any) to the individual or organization conducting the appraisal.

2. The decision to request the judicial appraisal must include the following contents:

a) Name of the agency requesting the judicial appraisal; name and title of the authorized person requesting the judicial appraisal;

b) Name of the organization; name and position of the person being requested to conduct the appraisal;

c) Name and characteristics of the object to be appraised;

d) Name of the related document or sample for comparison sent along (if any);

đ) Content of the request for appraisal;

e) Date of the request for judicial appraisal and the deadline for returning the appraisal conclusion.

3. In cases of supplementary or repeated judicial appraisal requests, the decision to request the judicial appraisal must clearly state that it is a supplementary or repeated request.

1. The person requesting the appraisal must send the written request for appraisal along with the object to be appraised, related documents or items (if any), and a copy of the document proving their status as a party in the civil case, administrative case, civil plaintiff, civil defendant, or interested party in the criminal case, or the lawful representative of such parties to the individual or organization conducting the appraisal.

2. The written request for judicial appraisal must include the following contents:

a) Name of the organization or name of the person requesting the appraisal;

b) Content of the request for appraisal;

c) Name and characteristics of the object to be appraised;

d) Name of the related document or sample for comparison sent along (if any);

d) Date of the request for appraisal and the deadline for returning the appraisal conclusion;

e) Signature, name of the person requesting the appraisal.

Article 27. Handover of Files, Objects Subject to Request, and Requests for Appraisal

1. Files, objects subject to request, and requests for appraisal are handed over directly or sent through postal services to the individual or organization conducting the appraisal.

2. Direct handover of files, objects subject to request, and requests for appraisal must be recorded in a protocol. The handover protocol must include the following contents:

a) Time and place of handover of the appraisal file;

b) Name and surname of the representative of the transferring party and the receiving party;

c) Decision to request or written request for appraisal; object to be appraised; related documents or items;

d) Method of preserving the object to be appraised and related documents or items during handover;

e) Condition of the object to be appraised and related documents or items at the time of handover;

f) Signature of the representative of the handing-over and receiving sides of the object to be appraised.

3. Sending files, objects subject to request, and requests for appraisal through postal services must be done via registered mail service. The individual or organization receiving the sent files has the responsibility to preserve them, and upon opening the sealed package, they must record a protocol according to the provisions of Clause 2 of this Article.

4. For the handover and management of forensic medical or forensic psychiatric human objects during the appraisal process, the person requesting or requiring the appraisal is responsible for coordinating with the individual or organization conducting the appraisal to manage the object being appraised.

5. Upon completion of the appraisal, the individual or organization conducting the appraisal is responsible for returning the object to be appraised to the person requesting or requiring the appraisal, except where otherwise provided by law.
The person requesting or requiring the appraisal is responsible for receiving the object to be appraised in accordance with the law.
The handover and receipt of the object to be appraised after the completion of the appraisal shall be carried out in accordance with the provisions of Clauses 2 and 3 of this Article.

Article 28. Individual Appraisal and Collective Appraisal

1. Individual appraisal is the appraisal conducted by one person. Collective appraisal is the appraisal conducted by two or more persons.

2. In cases of individual appraisal, the appraiser conducts the appraisal, signs on the appraisal conclusion, and bears personal responsibility for that conclusion.

3. In cases of collective appraisal in a specific field of expertise, all appraisers jointly conduct the appraisal, sign on the common appraisal conclusion, and share responsibility for that conclusion; if there are differing opinions, each appraiser records their own opinion on the appraisal conclusion and bears responsibility for their own opinion.
In cases of collective appraisal involving multiple fields of expertise, each appraiser conducts the part of the appraisal within their own field of expertise and bears personal responsibility for their portion of the appraisal conclusion.

Article 29. Supplementary Appraisal and Reappraisal

1. Supplementary appraisal is carried out when the content of the appraisal conclusion is unclear, incomplete, or when new issues arise related to the circumstances of the case previously concluded through appraisal. The request for supplementary appraisal is conducted similarly to the initial appraisal.

2. Reappraisal is carried out when there is evidence that the initial appraisal conclusion is inaccurate or in the circumstances specified in Clause 2 of Article 30 of this Law.

3. The party requesting the appraisal decides to request reappraisal themselves or at the request of the party demanding the appraisal. If the party requesting the appraisal does not accept the demand for reappraisal, they must notify the demanding party in writing and provide the reasons.

Article 30. Appraisal Board

1. In cases where there is a difference between the initial appraisal conclusion and the reappraisal conclusion regarding the same subject matter, the second reappraisal shall be decided by the party requesting the appraisal. The second reappraisal must be conducted by an Appraisal Board.
The Minister, Head of a ministry-level agency managing the relevant field shall decide to establish the Board to carry out the second reappraisal. The Appraisal Board must include at least three members who are highly qualified and reputable in the relevant field. The Appraisal Board operates under the collective appraisal mechanism stipulated in Clause 3 of Article 28 of this Law.

2. In special cases, the Procurator General of the Supreme People's Procuracy, the President of the Supreme People's Court may decide on reappraisal after receiving the conclusion of the Appraisal Board.

1. The person conducting judicial appraisal must promptly, fully, and truthfully record the entire process and results of the appraisal in writing.

2. The documentation recording the appraisal process must be kept in the appraisal file.

1. The judicial appraisal conclusion is a written assessment and evaluation by the judicial appraiser of the object of appraisal according to the content of the request for appraisal. The judicial appraisal conclusion must include the following contents:

a) Name and surname of the person conducting the appraisal; organization conducting the appraisal;

b) Name of the investigative authority; name and surname of the person requesting the appraisal; number of the request for appraisal document or name and surname of the person requesting the appraisal;

c) Information identifying the subject of the appraisal;

d) The date of receipt of the request for the appraisal;

đ) Content of the request for appraisal;

e) The methods of conducting the appraisal;

g) Conclusion on the object of appraisal;

h) The time and place of conducting and completing the appraisal.

2. In cases where an individual is requested to conduct the appraisal, the signature of the person conducting the appraisal must be certified in accordance with the law on certification.
In cases where an organization is requested to conduct the appraisal, the head of the organization must sign and stamp the appraisal conclusion, and the organization requested to conduct the appraisal bears responsibility for the appraisal conclusion.
In cases where the Appraisal Board specified in Clause 1 of Article 30 of this Law conducts the appraisal, the person deciding to establish the Board must sign and stamp the appraisal conclusion and bear responsibility for the legal status of the Appraisal Board.

3. In cases where the appraisal is conducted before the decision to initiate criminal proceedings, in accordance with the procedures and formalities prescribed by this Law, the investigative authority may use that appraisal conclusion as a judicial appraisal conclusion.

Article 33. Judicial Appraisal File

1. The judicial appraisal file shall be established by the person conducting the judicial appraisal and includes:

a) Decision requesting, document requesting appraisal and accompanying documents (if any);

b) Handover and receipt record of the file, objects requested for appraisal;

c) Documentation recording the appraisal process;

d) Appraisal image copy (if any);

đ) Previous appraisal conclusion or testing, experimental results of appraisal conducted by others (if any);

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

g) Judicial Appraisal Conclusion.

Article 34. Situations Where Judicial Appraisal Cannot Be Conducted

1. A person who falls under any of the following circumstances shall not conduct a judicial appraisal:

a) Belongs to one of the circumstances prescribed by the procedural law that requires refusal to participate in proceedings or replacement;

b) Is requested to re-appraise the same content in a case where they have already conducted an appraisal, except as otherwise provided by law.

2. An organization that falls under any of the following circumstances shall not conduct a judicial appraisal:

a) Has rights or obligations related to the case as prescribed by the procedural law;

b) There is clear evidence that this organization may not be impartial or unbiased while conducting the appraisal.

Article 35. Mutual Legal Assistance in Judicial Appraisal

1. Requesting individuals or organizations from foreign countries to conduct judicial appraisals can only be carried out if the object requiring appraisal is located abroad or if the professional capabilities, equipment, and means of appraisal of domestic judicial appraisal individuals or organizations cannot meet the requirements of the appraisal.

2. Judicial appraisal individuals or organizations are responsible for accepting and conducting judicial appraisals according to the requests of authorized investigative agencies from foreign countries.

3. The procedures, formalities, and costs for mutual legal assistance in judicial appraisal between Vietnam and foreign countries shall be governed by the laws on mutual legal assistance.

Chapter VI

COSTS OF JUDICIAL APPRAISAL, REGIME, AND POLICIES IN JUDICIAL APPRAISAL ACTIVITIES

REGIME AND POLICIES IN JUDICIAL APPRAISAL ACTIVITIES

The person requesting the appraisal or the person requesting the appraisal is responsible for paying the costs of judicial appraisal to the individual or organization conducting the judicial appraisal in accordance with the laws on costs of judicial appraisal.

Article 37. Regime for Judicial Appraisers and Participants in Judicial Appraisals

2. In addition to the allowance regime for ad hoc judicial appraisals stipulated in Clause 1 of this Article, full-time judicial appraisers belonging to public judicial appraisal organizations shall be entitled to receive profession preference allowances and other allowances.

3. The Government shall provide detailed regulations on this Article.

Article 38. Policy for Judicial Appraisal Activities

1. Non-public judicial appraisal organizations shall enjoy preferential policies as prescribed by the Government.

3. Ministries, ministerial-level agencies, and provincial People's Councils shall, based on their actual capabilities, conditions, and authority, establish systems and policies to attract experts and capable organizations to participate in judicial appraisal activities.

Chapter VII

RESPONSIBILITIES OF STATE AUTHORITIES IN ORGANIZING AND IMPLEMENTING MEASURES

REGARDING ORGANIZATIONS AND JUDICIAL APPRAISAL ACTIVITIES

Article 39. State Management Agencies for Judicial Appraisal

1. The Government exercises unified state administration over judicial appraisal.

2. The Ministry of Justice assists the Government in uniformly managing state affairs related to judicial appraisal.

3. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Construction, the Ministry of Culture, Sports and Tourism, the Ministry of Natural Resources and Environment, the Ministry of Transport, the Ministry of Science and Technology, the Ministry of Agriculture and Rural Development, the State Bank of Vietnam, and other ministries and ministerial-level agencies shall implement state management and bear responsibility before the Government for organizing and operating judicial appraisal activities within their respective fields of management; they shall cooperate with the Ministry of Justice in uniformly managing state affairs related to judicial appraisal.

4. Provincial People's Committees shall implement state management over judicial appraisal activities within their localities within the scope of their assigned tasks and authorities.

Article 40. Tasks and Authorities of the Ministry of Justice

1. Issuing or submitting to competent state agencies for issuance normative legal documents on judicial appraisal and guiding the implementation of such documents.

Taking the lead in drafting and submitting to the Prime Minister strategies, plans, and development programs for judicial appraisal; coordinating with ministries and ministerial-level agencies in formulating strategies, plans, and development programs for judicial appraisal in specific fields.

2. Providing written comments on the establishment of public judicial appraisal organizations under the jurisdiction of ministries, ministerial-level agencies managing specialized fields, and provincial People's Committees; when necessary, proposing to ministries, ministerial-level agencies, and provincial People's Committees to consider establishing public judicial appraisal organizations to meet the requirements of judicial proceedings.

3. Developing training programs on legal knowledge for judicial appraisers; coordinating with ministries and ministerial-level agencies in organizing professional and legal knowledge training for judicial appraisers.

4. Compiling and publishing a comprehensive list of individuals and judicial appraisal organizations on the Ministry of Justice's electronic portal.

5. Urging ministries, ministerial-level agencies, and provincial People's Committees to fulfill their state management tasks regarding judicial appraisal; requesting reports from ministries, ministerial-level agencies, and provincial People's Committees on the organization and operation of judicial appraisal activities; reporting to the Government on the organization and operation of judicial appraisal activities nationwide.

6. Leading or proposing relevant ministries, ministerial-level agencies, and provincial People's Committees to organize inspections and audits on the organization and operation of judicial appraisal activities.

7. Implementing state management over international cooperation in judicial appraisal.

1. Issuing or submitting to state agencies with competent authority for issuing normative legal documents on judicial appraisal within their management scope and guiding the implementation of such documents.

2. Issuing technical standards for judicial appraisal or guidelines for applying specialized technical standards for judicial appraisal activities according to the requirements and characteristics of the appraisal fields under their management.

3. Taking the lead and coordinating with the Ministry of Justice in deciding the establishment, consolidation, and improvement of public judicial appraisal organizations within their management scope in accordance with this Law.

4. Appointing and dismissing judicial appraisers within their authority; establishing and publishing lists of case-based judicial appraisers and case-based judicial appraisal organizations as stipulated in Clause 1, Article 20 of this Law.

5. Ensuring financial resources, equipment, means of appraisal, and other necessary material conditions for public judicial appraisal organizations within their management scope to meet assigned tasks.

6. Annually evaluating the quality of operations of judicial appraisal organizations, case-based judicial appraisal organizations, and judicial appraisers in fields under their management.

7. Specifying conditions regarding infrastructure, equipment, and means of appraisal for judicial appraisal offices in fields under their management.

8. Developing and implementing training programs and plans for judicial appraisal skills and legal knowledge for judicial appraisers in fields under their management.

9. Inspecting, auditing, and resolving complaints and denunciations concerning the organization and operation of judicial appraisal in fields under their management; coordinating with the Ministry of Justice in inspection and auditing work concerning the organization and operation of judicial appraisal as stipulated in Clause 6, Article 40 of this Law.

10. Implementing international cooperation on judicial appraisal in fields under their management.

11. Annually summarizing the organization and operation of judicial appraisal in fields under their management and submitting reports to the Ministry of Justice for compilation and reporting to the Government.

Article 42. Tasks and Authorities of the Ministry of Health, the Ministry of Public Security, and the Ministry of National Defense

In addition to the tasks and authorities specified in Article 41 of this Law, the Ministry of Health, the Ministry of Public Security, and the Ministry of National Defense have the following tasks and authorities:

1. The Ministry of Health has the following tasks and authorities:

a) Managing the state sector in forensic and forensic psychiatric appraisal fields;

b) Issuing specialized technical standards in forensic and forensic psychiatric appraisal fields;

c) Specifying detailed criteria for forensic appraisers and forensic psychiatric appraisers;

d) Training, enhancing, and issuing certificates for forensic appraisal and forensic psychiatric appraisal skills as stipulated in Point c, Clause 1, Article 7 of this Law.

2. The Ministry of Public Security has the following tasks and authorities:

a) Managing the state sector in criminal technical appraisal fields;

b) Issuing specialized technical standards in criminal technical appraisal fields;

c) Specifying detailed criteria for criminal technical appraisers;

d) Training, enhancing, and issuing certificates for criminal technical appraisal skills as stipulated in Point c, Clause 1, Article 7 of this Law;

e) Guiding investigative agencies under their management to apply legal provisions on requesting appraisal and assessing and using appraisal conclusions;

g) Ensuring financial resources and guiding the payment of costs for judicial appraisal in the investigative system under their management;

Article 43. Tasks and Authorities of the People's Committee at the provincial level

1. The People's Committee at the provincial level shall have the following tasks and authorities:

e) Inspecting, auditing, and resolving complaints and denunciations regarding forensic appraisal according to their authority; coordinating with the Ministry of Justice in inspection and auditing work on the organization and operation of forensic appraisal according to Clause 6, Article 40 of this Law;

g) Reporting to the Ministry of Justice on the organization and operation of forensic appraisal in the locality, while sending it to relevant ministries and agencies to perform state management tasks prescribed in Articles 40, 41, and 42 of this Law;

Article 44. Responsibilities of the Supreme People's Court and the Supreme People's Procuracy

1. Directing the application of legal provisions on requesting forensic appraisal and using forensic appraisal conclusions in the system of People's Courts and People's Procuracies;

3. Coordinating with the Ministry of Justice in implementing statistical systems and reporting on requesting, evaluating the implementation of forensic appraisal, and using forensic appraisal conclusions;

Chapter VIII

IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Law takes effect from January 1, 2013.

2. The Ordinance on Forensic Appraisal No. 24/2004/PL-UBTVQH11 ceases to be effective from the date this Law takes effect.

Article 46. Detailed regulations and guidance on implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall provide detailed regulations and guidance on the implementation of the provisions assigned to them in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the third session of the XIIIth term, on June 20, 2012./.