Circular No. 14/2020/TT-NHNN on forensic appraisal in the field of currency and banking

CIRCULAR
Regulations on forensic examination in the field of currency and banking

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Forensic Expertise dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Expertise dated June 10, 2020;

Pursuant to the Law on Credit Institutions dated June 16, 2010; the Law Amending and Supplementing Certain Articles of the Law on Credit Institutions dated November 20, 2017;

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 Government Decree No. 16/2017/NĐ-CP dated February 17, 2017 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At the proposal of the Director of Banking Inspection and Supervision;

The Governor of the State Bank of Vietnam issues this Circular to regulate forensic examination in the field of currency and banking.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the authority, criteria, files, procedures for appointing, dismissing forensic examiners in the field of currency and banking (hereinafter referred to as forensic examiners); recognizing, canceling recognition, publishing lists of persons conducting forensic examination on a case-by-case basis in the field of currency and banking (hereinafter referred to as forensic examiners on a case-by-case basis); professional standards; procedures for conducting forensic examination in the field of currency and banking.

Article 2. Applicability

1. Officers, civil servants, officials under the State Bank of Vietnam (hereinafter referred to as the State Bank).

2. Units under the State Bank, including: The Banking Inspection and Supervision Authority; Departments, Bureaus, and equivalent units; Branches of the State Bank in provinces and centrally governed cities.

3. Agencies, organizations, and individuals related to forensic examination activities in the field of currency and banking.

Article 3. Scope of forensic examination in the field of currency and banking

Forensic examination in the field of currency and banking includes forensic examination on:

1. Paper money and metal coins issued by the State Bank;

2. Foreign exchange activities and gold trading activities;

3. Banking activities, including credit provision, deposit receipt, and account-based payment service supply;

4. Deposit insurance;

5. Other activities related to currency and banking within the State Bank's regulatory functions as prescribed by law.

Article 4. Authority to appoint, dismiss, issue, and revoke forensic examiner cards; recognize, cancel recognition of forensic examiners on a case-by-case basis; establish the Forensic Examination Board

1. The Governor of the State Bank:

a) Appoints and dismisses forensic examiners;

b) Issues and revokes forensic examiner cards;

c) Recognizes and cancels recognition of forensic examiners on a case-by-case basis for those working in units under the State Bank, excluding branches of the State Bank in provinces and centrally governed cities;

d) Establishes the Forensic Examination Board.

2. The Director of the State Bank branch in provinces and centrally governed cities recognizes and cancels recognition of forensic examiners on a case-by-case basis at their own units.

Chapter II
SPECIFIC PROVISIONS

Section 1
CRITERIA, FILES, PROCEDURES FOR APPOINTING, DISMISSING, ISSUING, AND REVOKING FORENSIC EXAMINER CARDS; RECOGNIZING, CANCELING RECOGNITION, AND PUBLISHING LISTS OF FORENSIC EXAMINERS ON A CASE-BY-CASE BASIS

Article 5. Criteria for forensic examiners and forensic examiners on a case-by-case basis

1. Vietnamese citizens residing in Vietnam who meet all the following criteria may be considered for appointment as forensic examiners:

a) The criteria specified in point a, Clause 1, Article 7 of the Law on Forensic Examination and not falling under the cases prescribed in Clause 2, Article 7 of the Law on Forensic Examination;

b) Having a bachelor's degree or higher in one of the following majors: finance and banking; accounting; economics; law; information technology, fine arts, printing technology, and chemical technology from an educational institution in Vietnam as prescribed by law or from an overseas educational institution recognized for use in Vietnam;

c) Having at least five years of professional experience in the field of study since being appointed to a civil servant or official rank or signing a labor contract, consistent with the field in which they are appointed as a forensic examiner.

2. Vietnamese citizens residing in Vietnam who meet the criteria specified in Clause 1 of this Article may be selected as forensic examiners on a case-by-case basis.

In cases where a person does not have a bachelor's degree but has been deeply trained and developed in the fields mentioned in this Circular and has at least five years of practical experience in that field, they may be selected as a forensic examiner on a case-by-case basis.

Article 6. Documents for appointment, removal, issuance, and revocation of judicial forensic examiner cards

1. Documents for appointment and issuance of judicial forensic examiner cards:

a) A proposal document for appointment and issuance of a judicial forensic examiner card from the head of the unit under the State Bank where the person to be appointed works;

b) Certified copies of diplomas proving the specialized field of study as stipulated in point b, Clause 1, Article 5 of this Circular, consistent with the specialized field proposed for appointment; a recognition document from the competent authority regarding diplomas issued by foreign educational institutions;

c) A curriculum vitae confirmed by the competent authority;

d) Confirmation of the specialized work experience of the person proposed for appointment as a judicial forensic examiner according to Appendix 01 promulgated together with this Circular;

In cases where the person proposed for appointment as a judicial forensic examiner has actual specialized work experience at another unit under the State Bank or at other agencies and organizations (other units), the specialized work experience of the person proposed for appointment as a judicial forensic examiner includes the actual working time at the proposing unit and the actual working time at other units;

đ) Two photographs measuring 2cm x 3cm as prescribed by the Ministry of Justice.

2. Documents for removal and revocation of judicial forensic examiner cards:

a) A proposal document for removal and revocation of a judicial forensic examiner card from the head of the unit under the State Bank that previously proposed the appointment of the judicial forensic examiner;

b) Documents and papers proving that the judicial forensic examiner falls within one of the situations prescribed in Clause 1, Article 10 of the Law on Judicial Forensic Examination.

Article 7. Procedures and formalities for appointment, issuance, removal, and revocation of judicial forensic examiner cards

1. Appointment and issuance of judicial forensic examiner cards:

a) Units under the State Bank prepare the documents for appointment and issuance of judicial forensic examiner cards as prescribed in Clause 1, Article 6 of this Circular and submit them to the Department of Organization and Cadres;

b) Within a maximum period of seven days from the date of receiving complete valid documents, the Department of Organization and Cadres submits to the Governor of the State Bank for a decision on appointment and issuance of judicial forensic examiner cards. In case of rejection, the Department of Organization and Cadres sends a document to the proposing unit and clearly states the reasons.

2. Removal and revocation of judicial forensic examiner cards:

a) Units under the State Bank prepare the documents for removal and revocation of judicial forensic examiner cards as prescribed in Clause 2, Article 6 of this Circular and submit them to the Department of Organization and Cadres;

b) Within a maximum period of seven days from the date of receiving complete valid documents, the Department of Organization and Cadres submits to the Governor of the State Bank for a decision on removal and revocation of judicial forensic examiner cards. In case of rejection, the Department of Organization and Cadres sends a document to the proposing unit and clearly states the reasons.

3. Within a maximum period of three days from the date of the appointment or removal decision, the Department of Organization and Cadres prepares a list of judicial forensic examiners, adjusts the list of judicial forensic examiners, and submits it to the Governor of the State Bank for signature and submission to the Ministry of Justice, while simultaneously sending it to the Department of Communication to publish the list on the State Bank's electronic information portal, and sending it to the Banking Inspection and Supervision Authority for monitoring.

Article 8. Issuance and Revocation of Judicial Forensic Examiner Cards

1. The issuance and revocation of judicial forensic examiner cards are carried out concurrently with the appointment and removal of judicial forensic examiners.

2. The issuance and revocation of judicial forensic examiner cards are implemented in accordance with the regulations of the Ministry of Justice.

Article 9. Procedures for recognizing, revoking recognition, and publishing lists of forensic experts by case

1. Before October 31 each year, the head of units under the State Bank of Vietnam (excluding the Governor of the State Bank of Vietnam branch in provinces and centrally-administered cities) shall review, select, and prepare a list of individuals meeting the conditions stipulated in Clause 2, Article 5 of this Circular, and submit a dossier to the Personnel Department for the Governor of the State Bank of Vietnam to recognize forensic experts by case. The dossier includes:

a) A request for recognition of forensic experts by case from the head of the unit under the State Bank of Vietnam where the individual being recognized works;

b) A list of requests for recognition of forensic experts by case, which must include at least the following information: full name; date of birth; place of work; professional qualifications; specialized fields of training and further education; professional experience (in months); forensic expertise experience (in number of cases participated in);

c) The dossier specified in Points b, c, and d of Clause 1, Article 6 of this Circular;

d) In cases where the individual does not have a bachelor's degree, in addition to the dossier specified in Points b, c, and d of Clause 1, Article 6 of this Circular, there must be a certificate or diploma from an institution with the authority to train and further educate, certifying that the individual has been trained and further educated in depth in the fields specified in Article 3 of this Circular.

2. Within a maximum period of seven days from the date of receiving a complete and valid dossier, the Personnel Department shall submit to the Governor of the State Bank of Vietnam for a decision to recognize forensic experts by case. If rejected, the Personnel Department shall send a letter to the requesting unit detailing the reasons.

3. The State Bank of Vietnam branch in provinces and centrally-administered cities shall review, select, and prepare a list of individuals meeting the conditions stipulated in Clause 2, Article 5 of this Circular, and submit a dossier as specified in Points b, c, and d of Clause 1 of this Article, and make a decision to recognize forensic experts by case. The decision to recognize forensic experts by case must be sent to the Personnel Department before November 20 each year.

4. The Personnel Department shall compile a list of forensic experts by case from units under the State Bank of Vietnam and submit it to the Governor of the State Bank of Vietnam for signature and submission to the Ministry of Justice before November 30 each year, while also sending it to the Communications Department to publish the list on the State Bank of Vietnam’s electronic portal, and to the Banking Inspection and Supervision Authority for monitoring.

5. When there are changes in information related to forensic experts by case:

a) The head of units under the State Bank of Vietnam (excluding the Governor of the State Bank of Vietnam branch in provinces and centrally-administered cities) shall issue a document to the Personnel Department to adjust the information of recognized forensic experts by case, including at least the following contents: full name of the recognized forensic expert by case; recognition decision number; requested adjustment information;

b) The Governor of the State Bank of Vietnam branch in provinces and centrally-administered cities shall decide to adjust the information of recognized forensic experts by case and send it to the Personnel Department;

c) Within a maximum period of seven days from the date of receipt of the request document from the head of units under the State Bank of Vietnam as specified in Subpoint a of this clause, and the decision of the State Bank of Vietnam branch in provinces and centrally-administered cities as specified in Subpoint b of this clause, the Personnel Department shall compile a list of adjustments to the information of recognized forensic experts by case and submit it to the Governor of the State Bank of Vietnam for signature and submission to the Ministry of Justice, while also sending it to the Communications Department to publish the list on the State Bank of Vietnam’s electronic portal, and to the Banking Inspection and Supervision Authority for monitoring.

6. Revocation of recognition of forensic experts by case: When a forensic expert by case no longer meets the criteria stipulated in Clause 2, Article 5 of this Circular:

a) The head of units under the State Bank of Vietnam (excluding the Governor of the State Bank of Vietnam branch in provinces and centrally-administered cities) shall issue a document to the Personnel Department to request the Governor of the State Bank of Vietnam to revoke the recognition of forensic experts by case, including at least the following contents: full name of the recognized forensic expert by case; recognition decision number; reasons for requesting revocation of recognition, clearly stating the non-compliance criteria;

b) The Governor of the State Bank of Vietnam branch in provinces and centrally-administered cities shall decide to revoke the recognition of forensic experts by case they have recognized and send it to the Personnel Department;

c) Within a maximum period of seven days from the date of the Governor of the State Bank of Vietnam's decision, or upon receipt of the decision of the State Bank of Vietnam branch in provinces and centrally-administered cities regarding the revocation of recognition of forensic experts by case, the Personnel Department shall compile and adjust the list of recognized forensic experts by case and submit it to the Governor of the State Bank of Vietnam for signature and submission to the Ministry of Justice, while also sending it to the Communications Department to publish the list on the State Bank of Vietnam’s electronic portal, and to the Banking Inspection and Supervision Authority for monitoring.

Section 2
PROFESSIONAL STANDARDS, ACCEPTANCE OF REQUESTS, PROCEDURES, AND TIME LIMITS FOR FORENSIC EXPERTISE IN THE FIELD OF CURRENCY AND BANKING

Article 10. Professional standards for forensic appraisal activities

The professional standards applied to forensic appraisal activities in the monetary and banking sector are legal normative documents on monetary matters, banking operations, foreign exchange activities, and other relevant legal normative documents.

Article 11. Acceptance of requests for forensic appraisal directed at the State Bank

1. The Banking Inspection and Supervision Agency is the lead unit responsible for receiving requests for forensic appraisal decisions, supplementary forensic appraisal requests, and re-appraisal requests from the requesting party directed at the State Bank; it advises the Governor of the State Bank on the implementation of forensic appraisals according to the requirements of the requesting party.

2. Within a maximum period of three working days from the date of receipt of the request for forensic appraisal decision, supplementary forensic appraisal request, and re-appraisal request from the requesting party accompanied by the dossier, object of appraisal, information, documents, items, specimens (if any), the Banking Inspection and Supervision Agency shall be responsible for:

a) Preparing a record of handover, acceptance, and opening of sealed dossiers, objects of appraisal, information, documents, items, specimens (if any) in accordance with Article 13 of this Circular;

b) Checking and reviewing the content of the request for forensic appraisal within the scope of forensic appraisal activities in the monetary and banking sector as stipulated in Article 3 of this Circular;

c) Reviewing the received dossier, object of appraisal, information, documents, items, specimens (if any) against those recorded in the request for forensic appraisal decision and the prescribed form of dossier, object of appraisal, information, documents, items, specimens according to archival regulations;

d) Advising the Governor of the State Bank to issue a document: rejecting the forensic appraisal if the content of the request does not fall within the scope of forensic appraisal as stipulated in Article 3 of this Circular or lacks the necessary conditions for conducting the appraisal as required by point b, Clause 1, Article 24 of the Law on Forensic Appraisal; assigning a unit under the State Bank (excluding branches of the State Bank in provinces and centrally-administered cities) to conduct the appraisal according to the request for forensic appraisal decision, supplementary forensic appraisal request, and initial re-appraisal request; establishing an Appraisal Board to conduct the second re-appraisal according to the request for forensic appraisal decision of the requesting party;

đ) Assigning branches of the State Bank in provinces and centrally-administered cities to conduct the appraisal according to the request for forensic appraisal decision, supplementary forensic appraisal request, and initial re-appraisal request.

3. Units under the State Bank that have been assigned to directly conduct forensic appraisals shall directly receive supplementary forensic appraisal requests and re-appraisal requests from the requesting party within two working days from the date of receipt of the request and shall be responsible for forwarding them to the Banking Inspection and Supervision Agency for advice and submission to the Governor of the State Bank for handling in accordance with the provisions of Clause 2 of this Article.

Article 12. Acceptance of Direct Request Decisions for Judicial Appraisers and Judicial Appraisals by Case

1. The decision to request a judicial appraisal made by the requesting party directly requesting a judicial appraiser or a case-based judicial appraiser from the State Bank must be sent to the unit under the State Bank where the requested judicial appraiser or case-based judicial appraiser is located to organize the implementation of the judicial appraisal.

2. Units under the State Bank, upon receiving a decision to request a judicial appraisal made by the requesting party directly requesting a judicial appraiser or a case-based judicial appraiser not belonging to their own unit, shall have the responsibility to send the decision to request a judicial appraisal to the unit with the requested judicial appraiser or case-based judicial appraiser.

3. Upon receiving a decision to request a judicial appraisal, the unit with the directly requested judicial appraiser or case-based judicial appraiser shall have the responsibility to:

a) Report the decision to request a judicial appraisal to the Banking Inspection and Supervision Authority for consolidation and monitoring, except in cases where the decision to request a judicial appraisal is received from the Banking Inspection and Supervision Authority;

b) Send the decision to request a judicial appraisal to the directly requested judicial appraiser or case-based judicial appraiser;

c) Create conditions for the directly requested judicial appraiser or case-based judicial appraiser to carry out the judicial appraisal according to the requirements of the requesting party.

Article 13. Handover, Receipt, Opening of Sealed Files, Objects of Appraisal, Information, Documents, Items, Samples

The handover, receipt, and opening of sealed files, objects of appraisal, information, documents, items, samples must be recorded in a handover and receipt record according to Appendix 02 and Appendix 03 issued together with this Circular.

Article 14. Supplementary Appraisal, First Reappraisal

1. Units under the State Bank shall implement supplementary appraisal and first reappraisal according to the provisions of Clause 2, Article 11 of this Circular.

2. For decisions to request supplementary appraisal or first reappraisal directly requesting a judicial appraiser or a case-based judicial appraiser from the State Bank, the requested party shall carry out reporting, receiving files, objects of appraisal, information, documents, items, samples, preparing for appraisal, organizing the implementation of the appraisal according to the provisions of Articles 12, 13, 17, 18, and 19 of this Circular.

In cases where a decision to request supplementary appraisal or first reappraisal directly requests a judicial appraiser or a case-based judicial appraiser from the State Bank to participate in the Judicial Appraisal Team established by the requesting party, the requested party shall carry out the appraisal according to the assignment of the requesting party and the Judicial Appraisal Team.

3. First reappraisal of counterfeit currency according to the laws on criminal procedure:

a) For decisions requesting the State Bank to conduct an appraisal, the reappraisal of counterfeit currency must be carried out by another judicial appraiser or another case-based judicial appraiser.

b) For decisions directly requesting a judicial appraiser or a case-based judicial appraiser from the State Bank: the unit with the requested party conducting the appraisal, the requested party conducting the appraisal shall carry out reporting, receiving files, objects of appraisal, information, documents, items, samples, preparing for appraisal, organizing the implementation of supplementary appraisal and first reappraisal according to the provisions of Articles 12, 13, 17, 18, and 19 of this Circular. The requested party conducting the appraisal has the right to refuse the first reappraisal if they have already conducted the appraisal of the requested case.

Article 15. Appraisal Board

1. In cases where there is a difference between the initial appraisal conclusion and the reappraisal conclusion on the same appraisal content, the second reappraisal shall be carried out according to the appraisal request decision made by the Appraisal Board of the State Bank of Vietnam.

2. The Banking Inspection and Supervision Authority shall take the lead in selecting members of the Appraisal Board, submit them to the Department of Organization and Cadres for approval by the Governor of the State Bank of Vietnam to establish the Appraisal Board in accordance with Appendix 05 issued together with this Circular.

3. The Appraisal Board shall undertake receiving case files, objects to be appraised, information, documents, items, specimens, preparing for appraisal, organizing the implementation of appraisal in accordance with Articles 13, 17, and 19, and issuing the appraisal conclusion in accordance with Clause 2 and Clause 3 of Article 21 of this Circular.

Article 16. Procedures for Implementing Judicial Appraisal

The procedures for implementing judicial appraisal include:

1. Preparing for appraisal.

2. Organizing the implementation of judicial appraisal.

3. Issuing the judicial appraisal conclusion.

4. Establishing, transferring, and retaining the appraisal file.

Article 17. Preparation for Appraisal in Cases Requesting the State Bank to Conduct Appraisal

1. Within a maximum period of five working days from the date of receipt of the document assigning the implementation of judicial appraisal, the unit assigned to carry out the appraisal shall:

a) Select and appoint judicial appraisers, case-specific appraisers to conduct the judicial appraisal.

In cases requiring additional appointment of judicial appraisers or recognition of additional case-specific appraisers, the unit assigned shall select persons meeting the criteria stipulated in Article 5 of this Circular, suitable for the content of the requested appraisal as per the appraisal request decision, prepare the dossier in accordance with Article 6 of this Circular, and appoint or recognize them in accordance with Articles 7 and 9 of this Circular.

In cases where two or more judicial appraisers or case-specific appraisers are appointed, the unit assigned to carry out the appraisal must establish a Judicial Appraisal Team, clearly defining the person in charge.

b) Coordinate with the requesting party to receive and transfer the case file, objects to be appraised, information, documents, items, specimens in accordance with Article 13 of this Circular (if the requesting party has not attached the appraisal request decision).

2. Judicial appraisers and case-specific appraisers shall study the content of the case as stated in the appraisal request decision, the case file, objects to be appraised, information, documents, items, specimens, and request the requesting party to provide supplementary case files, objects to be appraised, information, documents, items, specimens necessary for the appraisal as required by the appraisal request.

3. Judicial appraisers and case-specific appraisers shall draft an appraisal outline, which shall minimally include the following contents:

a) Determining and collecting professional standards expected to be applied during the appraisal process;

b) Determining machinery, equipment, devices, services expected to be used and applied during the appraisal process (if any) and notifying the requesting party;

c) Establishing costs for wages, remuneration for those conducting the appraisal, depreciation costs for machinery, equipment, device costs, material consumption costs, service usage costs, and other related costs as prescribed by law concerning the content and requirements of the appraisal and submitting or notifying the requesting party.

d) Determine the method of conducting the expert appraisal; the steps of the expert appraisal process; the schedule and estimated completion time of the expert appraisal;

đ) Other activities and conditions necessary for conducting the expert appraisal.

Article 18. Preparation for appraisal in cases where the State Bank directly requests judicial appraisers or case-specific judicial appraisers

1. The person requested shall prepare for the appraisal in accordance with the provisions of Clause 2 and Clause 3 of Article 17 of this Circular.

2. For decisions to directly request judicial appraisers or case-specific judicial appraisers from the State Bank to participate in the Judicial Appraisal Team established by the requesting party, the person requested shall prepare according to the assignment of the requesting party and the Judicial Appraisal Team.

Article 19. Organization of judicial appraisal

Judicial appraisers and case-specific judicial appraisers:

1. Hire machinery, equipment, services related to the content and requirements of the appraisal as set out in the appraisal outline (if any) and notified to the requesting party.

2. When new content or issues arise during the implementation of the appraisal, immediately notify the requesting party in writing to reach a consensus on the resolution plan.

3. Based on each specific requirement of the requesting party, judicial appraisers and case-specific judicial appraisers shall study and compare the contents of the file, objects of appraisal, information, documents, items, and samples provided with relevant technical standards to make observations and evaluations of each specific requirement of the appraisal.

4. Record promptly, fully, and truthfully all processes and results of the appraisal in accordance with Appendix 04 issued together with this Circular.

Article 20. Time limit for judicial appraisal

1. Time limit for judicial expertise:

a) A maximum of nine days for cases stipulated in Clause 3 of Article 14 of this Circular;

b) A maximum of one month for the appraisal of banknotes and coins issued by the State Bank;

c) A maximum of one month for the appraisal of foreign exchange activities and gold trading activities;

d) A maximum of three months for the appraisal of banking activities, including credit provision, deposit receipt, and account-based payment service provision;

e) A maximum of one month for the appraisal of deposit insurance;

f) A maximum of four months for the appraisal of cases involving two or more different appraisal contents within the monetary and banking sector as specified in Article 3 of this Circular or cases that are complex and involve multiple organizations and individuals.

2. The time limit for judicial appraisal prescribed in Clause 1 of this Article shall be calculated from the date when the State Bank receives the decision of the requesting party and receives all necessary files, objects of appraisal, information, documents, items, and samples as stated in the request for appraisal; supplementary necessary files, objects of appraisal, information, documents, items, and samples (if any); or from the date when the directly requested judicial appraiser or case-specific judicial appraiser receives the decision of the requesting party and receives all necessary files, objects of appraisal, information, documents, items, and samples as stated in the request for appraisal; supplementary necessary files, objects of appraisal, information, documents, items, and samples (if any).

Article 21. Judicial Appraisal Conclusion

1. The judicial appraiser, the case-specific judicial appraiser shall only conclude on the appraisal content within the scope of judicial appraisal in the monetary and banking sector as prescribed in Article 3 of this Circular and according to the professional standards applicable for judicial appraisal in the monetary and banking sector as prescribed in Article 10 of this Circular.

2. Based on the results of the judicial appraisal as prescribed in Clause 3, Article 19 of this Circular, the judicial appraiser, the case-specific judicial appraiser shall provide comments, evaluations, and conclusions on each specific appraisal request content.

3. The appraisal conclusion shall be made in accordance with Appendix 06 issued together with this Circular.

4. In cases where the person requesting the appraisal directly requests the judicial appraiser, the case-specific judicial appraiser to conduct the appraisal, the appraisal conclusion must bear the signature and clearly state the full name of the judicial appraiser, the case-specific judicial appraiser.

5. In cases where the person requesting the appraisal requests the State Bank to appoint an appraiser, the appraisal conclusion must bear the signature and clearly state the full name of the judicial appraiser, the case-specific judicial appraiser, and be confirmed with the signature of the State Bank.

6. In cases where the State Bank conducts the judicial appraisal upon request, in addition to the signature, full name of the appraiser, the State Bank shall sign and stamp on the judicial appraisal conclusion.

7. In cases where the Appraisal Board is established as prescribed in Article 15 of this Circular, the State Bank shall sign and stamp on the judicial appraisal conclusion.

8. The judicial appraisal conclusion as prescribed in Clauses 4 and 5 of this Article must be sent to the State Bank (through the Banking Inspection and Supervision Authority) for monitoring the implementation of the appraisal.

Article 22. Establishment, Transfer, and Preservation of Appraisal Files

1. The judicial appraiser, the case-specific judicial appraiser, the head of the Judicial Appraisal Team, and the Chairman of the Appraisal Board shall establish the judicial appraisal file, which includes the following documents:

a) Decision to request appraisal, Decision to request supplementary appraisal (if any), Decision to request re-appraisal (if any) and the appraisal file, object, information, documents, items, specimens attached;

b) Documents from the State Bank regarding the assignment to conduct judicial appraisal;

c) Documents from the unit assigned to conduct judicial appraisal regarding the appointment of the judicial appraiser, the case-specific judicial appraiser to carry out the appraisal;

d) Record of handover, receipt, opening of sealed appraisal files, objects, information, documents, items, specimens;

đ) Appraisal outline;

e) File, documents, vouchers related to renting machinery, means, equipment, services for the purpose of conducting judicial expertise (if any);

g) Document recording the process of conducting the appraisal;

h) Decision to establish the Appraisal Board for the second re-appraisal (if any);

i) Photocopies of the appraisal (if any);

k) Appraisal conclusion, supplementary appraisal conclusion (if any), re-appraisal conclusion (if any);

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

2. Transfer of appraisal files:

a) The judicial appraisal file of the judicial appraiser, the case-specific judicial appraiser shall be transferred to the unit having the judicial appraiser, the case-specific judicial appraiser conducting the appraisal.

b) The judicial appraisal file of the Judicial Appraisal Team shall be transferred to the unit having members appointed as the head of the Judicial Appraisal Team.

c) The judicial appraisal file of the Appraisal Board shall be transferred to the unit having members as the Chairman of the Board.

3. Units under the State Bank receiving the transfer of the judicial appraisal file shall be responsible for preserving and storing it in accordance with the laws on archiving and the regulations of the State Bank.

4. Utilization of judicial appraisal files:

a) Units under the State Bank receiving the transfer of the judicial appraisal file shall be responsible for presenting the judicial appraisal file when requested by authorized agencies conducting litigation proceedings.

b) The judicial appraiser, the case-specific judicial appraiser may utilize the judicial appraisal file to serve litigation activities upon request of the agency conducting litigation proceedings.

Article 23. Reporting System

1. Before the 20th day of each month, units assigned to conduct judicial appraisal, units having members appointed as the head of the Judicial Appraisal Team, units having members as the Chairman of the Appraisal Board shall report in writing on the progress and results of the appraisal to the Banking Inspection and Supervision Authority, difficulties, obstacles, proposals, recommendations (if any) in accordance with Appendix 07 issued together with this Circular. The Banking Inspection and Supervision Authority shall compile and report to the Governor of the State Bank before the 25th day of each month.

2. Before December 20th of each year, the Department of Organization and Cadres, the School of Banking Cadre Training, units assigned to conduct judicial appraisal, units having members appointed as the head of the Judicial Appraisal Team, units having members as the Chairman of the Appraisal Board shall report in writing on the progress and results of the annual appraisal work in accordance with Appendix 08 issued together with this Circular and propose commendations (if any) to be sent to the Banking Inspection and Supervision Authority.

3. Before December 31st of each year, the Banking Inspection and Supervision Authority shall summarize and evaluate the organization and operation of judicial appraisal in the monetary and banking sector to be reported to the Governor of the State Bank and submitted to the Ministry of Justice.

Section 3
RESPONSIBILITIES OF INDIVIDUALS AND UNITS INVOLVED

Article 24. Banking Inspection and Supervision Authority

1. The central agency managing judicial appraisal work of the State Bank: receiving requests for judicial appraisals, advising the Governor of the State Bank to assign units under the State Bank to conduct judicial appraisals; proposing the establishment of Appraisal Councils; receiving appraisal conclusions as stipulated in this Circular.

2. The focal point coordinating with relevant units under the State Bank to study and advise the Governor of the State Bank:

a) Handling new issues arising, difficulties, obstacles, suggestions from judicial appraisers, persons conducting judicial appraisals on a case-by-case basis, Judicial Appraisal Teams, Appraisal Councils;

b) Inspecting, supervising and resolving complaints and denunciations regarding the organization and operation of judicial appraisals in the monetary and banking sector; coordinating with the Ministry of Justice in inspection and supervision activities related to the organization and operation of judicial appraisals;

c) Annually, based on commendation proposals from units specified in Article 23 of this Circular, coordinating with the Department of Mobilization and Commendation to promptly commend judicial appraisers who have outstanding achievements in judicial appraisal activities.

Article 25. Relevant Units under the State Bank

1. Department of Organization and Cadres

a) Implementing responsibilities related to advising the Governor of the State Bank on the appointment, issuance, revocation, and recovery of judicial appraiser cards; recognizing, canceling recognition, publishing lists of persons conducting judicial appraisals on a case-by-case basis, and changing information of persons conducting judicial appraisals on a case-by-case basis; establishing Appraisal Councils as stipulated in this Circular.

b) Taking the lead, coordinating with the Banking Inspection and Supervision Authority and other units to review and strengthen the team of judicial appraisers in the monetary and banking sector.

2. The Bank Cadre Training School leads and coordinates with the Department of Organization and Cadres, the Banking Inspection and Supervision Authority, and other units under the State Bank in training and retraining on appraisal skills and legal knowledge for the team of judicial appraisers in the monetary and banking sector.

Article 26. Judicial Appraisers and Persons Conducting Judicial Appraisals on a Case-by-Case Basis

1. Adhering to the judicial appraisal process; handing over, receiving, opening sealed files, objects for appraisal, information, documents, items, samples; preparing for appraisal; conducting judicial appraisals; supplementary appraisals, initial re-appraisals; concluding appraisals; establishing and transferring appraisal files as stipulated in this Circular.

2. Fully and properly fulfilling responsibilities and obligations as prescribed in Clause 1, Clause 2, Clause 3 of Article 11; Clause 2, Clause 3 of Article 23; Clause 2, Clause 3 of Article 28 of the Law on Judicial Appraisal.

3. Participating in professional appraisal training classes and legal knowledge training.

4. Reporting to the head of their directly managing unit on the progress and results of the appraisal to implement the reporting system as stipulated in Article 23 of this Circular.

Chapter III
IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect from January 1, 2021 and replaces Circular No. 44/2014/TT-NHNN dated December 29, 2014 of the Governor of the State Bank guiding certain contents on judicial appraisals in the monetary and banking sector.

Article 28. Transitional Provisions

1. Judicial Appraisers, persons conducting judicial appraisals on a case-by-case basis, and Judicial Appraisal Teams currently conducting judicial appraisals pursuant to requests for judicial appraisals made before this Circular takes effect shall continue to follow the provisions of Circular No. 44/2014/TT-NHNN and other related documents.

2. Judicial Appraisers appointed and persons conducting judicial appraisals on a case-by-case basis published before this Circular takes effect, if they still meet the criteria stipulated in Article 5 of this Circular, will not need to go through the reappointment procedures for judicial appraisers and recognition of persons conducting judicial appraisals on a case-by-case basis as stipulated in this Circular.

3. Heads of units under the State Bank shall review and compile a list of judicial appraisers appointed before this Circular takes effect who still meet the criteria stipulated in Article 5 of this Circular, along with two photos as specified in Point d Clause 1 of Article 6 of this Circular, and submit them to the Department of Organization and Cadres for issuance of judicial appraiser cards.

Article 29. Implementation Organization

The Director of the Office, the Head of Banking Inspection and Supervision, and the Heads of units under the State Bank are responsible for organizing the implementation of this Circular./.