Circular No. 17/2021/TT-BXD on certain contents regarding judicial appraisal activities in the construction sector

CIRCULAR

Regulations on certain contents regarding judicial appraisal activities in the construction sector

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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 Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the Law on Real Estate Business dated November 25, 2014;

Pursuant to Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on quality management, construction works, and maintenance of construction projects; Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain contents on project management in construction investment;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and implementing measures for the Law on Judicial Appraisal; 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;

Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the National Appraisal Agency for Construction Quality,

The Minister of Construction issues this Circular regulating certain contents regarding judicial appraisal activities in the construction sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular stipulates the content of judicial construction appraisal; appointment, dismissal of construction judicial appraisers; recognition, revocation of recognition of individual construction judicial appraisers by case, organization of construction judicial appraisal by case; application of technical standards; use of machinery, equipment, means, and material facilities for construction judicial appraisal; procedures, files, deadlines for construction judicial appraisal.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to organizations and individuals related to judicial appraisal activities in the construction sector within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Construction judicial appraisal is the appraisal activity conducted according to the provisions of the Law on Judicial Appraisal in the construction sector.

2. Individual construction judicial appraiser includes: construction judicial appraiser, individual construction judicial appraiser by case.

3. Organization for construction judicial appraisal includes: organization for construction judicial appraisal by case, construction judicial appraisal office.

4. Central unit managing general construction judicial appraisal work (hereinafter referred to as the central unit) is the unit assigned to assist the Minister of Construction or the Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as the provincial-level People's Committee) in state management of construction judicial appraisal activities as prescribed.

Article 3. Content of construction judicial appraisal

1. Judicial appraisal on compliance with legal regulations on urban planning, construction investment activities, housing, and real estate business, including:

a) Compliance with legal regulations on urban planning and construction investment activities, during the stages: planning and managing urban planning; preparing investment projects, surveying, designing, constructing, inspecting, and handing over construction works for operation and maintenance;

b) Compliance with legal regulations on housing and real estate business, including: ownership, purchase and sale, transactions, leasing, and management of housing and real estate.

2. Judicial appraisal on construction quality, including: appraisal of surveying, design, building materials, components, products, equipment, parts, and construction works; cause investigation of construction accidents, damage causes of construction works.

3. Judicial appraisal on construction project costs, including: appraisal of total investment ceiling, construction project budget, tender price; payment and settlement of construction contracts, payment and settlement of construction investment capital, and other related issues; judicial appraisal of housing and real estate value.

Article 4. Application of professional standards and technical specifications in construction judicial appraisal activities

Professional standards and technical specifications applied in construction judicial appraisal activities include national technical regulations and standards applicable in construction as prescribed by law.

Article 5. Equipment, means for judicial appraisal and material conditions for organizations and individuals conducting construction judicial appraisal

Equipment, means for judicial appraisal and material conditions for organizations and individuals conducting construction judicial appraisal include machines, devices, and physical facilities necessary to meet the conditions for construction activity capacity as prescribed by law.

Chapter II

APPOINTMENT, REMOVAL, ISSUANCE OF CONSTRUCTION JUDICIAL APPRAISER CARDS AND RECOGNITION OF ORGANIZATIONS AND INDIVIDUALS CONDUCTING CONSTRUCTION JUDICIAL APPRAISAL IN CASES

Article 6. Appointment, removal, issuance of construction judicial appraiser cards

1. The Minister of Construction and the Chairman of the People's Committee of the province shall appoint, remove, and issue construction judicial appraiser cards in accordance with Clause 1 of Article 9 of the Law on Judicial Appraisal.

2. The procedures and formalities for appointing and removing construction judicial appraisers shall be carried out in accordance with the provisions of Articles 9 and 10 of the Law on Judicial Appraisal, amended and supplemented at points a and b of Clause 5 and Clause 6 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal.

3. Organizations shall submit a written request for appointment, removal, or adjustment of information of construction judicial appraisers along with necessary documents as stipulated in the Appendix of this Circular to the administrative procedure reception unit of the Ministry of Construction or the People's Committee of the province within twenty days from the date of receipt of valid documents for consideration of appointment, removal, or adjustment of information.

4. The procedures for issuing construction judicial appraiser cards shall be carried out in accordance with the legal provisions on card models, procedures, and formalities for issuing new and replacement judicial appraisal cards.

Article 7. Recognition and revocation of recognition of organizations and individuals conducting construction judicial appraisal in cases

1. The lead unit under the Ministry of Construction shall organize the selection and compile a list of organizations and individuals meeting the conditions for construction activity capacity that have been published on the Ministry of Construction’s electronic portal and other organizations and individuals meeting the standards and conditions for conducting construction judicial appraisal activities as prescribed, to submit to the Minister for a decision recognizing them as organizations and individuals conducting construction judicial appraisal in cases within the scope of management authority.

2. The Department of Construction shall take the lead and coordinate with the Department of Justice under the People's Committee of the province to organize the selection and compilation of a list of organizations and individuals meeting the conditions for construction activity capacity that have been published on the Department of Construction’s or the Ministry of Construction’s electronic portals and other organizations and individuals meeting the standards and conditions for conducting construction judicial appraisal activities as prescribed (excluding organizations and individuals recognized according to Clause 1 of this Article), to submit to the Chairman of the People's Committee of the province for a decision recognizing them as organizations and individuals conducting construction judicial appraisal in cases in the locality.

3. In case organizations and individuals conducting construction judicial appraisal in cases no longer meet the standards and conditions for conducting construction judicial appraisal activities as prescribed, the lead unit under the Ministry of Construction or the People's Committee of the province shall submit to the Minister or the Chairman of the People's Committee of the province, depending on their authority, for a decision revoking the recognition of organizations and individuals conducting construction judicial appraisal in cases.

Article 8. Publishing the List of Organizations and Individuals Conducting Judicial Appraisal in Construction

Within seven days from the date of the decision on appointment or removal of construction judicial appraisers, or recognition or revocation of recognition of organizations and individuals conducting judicial appraisal in construction for specific cases, the Ministry of Construction and provincial People's Committees shall publish or remove the list of organizations and individuals conducting judicial appraisal in construction on their official websites and send it to the Ministry of Justice as prescribed.

Chapter III

SELECTION OF ORGANIZATIONS AND INDIVIDUALS AND PROCEDURE FOR IMPLEMENTING JUDICIAL APPRAISAL IN CONSTRUCTION

Article 9. Selection of Organizations and Individuals to Conduct Appraisal

1. Based on the subject and content of the appraisal as stipulated in Article 3 and the list of organizations and individuals conducting judicial appraisal in construction published as prescribed in Article 8 of this Circular, the person requesting the appraisal or the person requiring the appraisal shall select an appropriate organization or individual conducting judicial appraisal in construction to issue the request for appraisal or the document requesting the appraisal.

2. In case it is not possible to select an organization or individual conducting judicial appraisal in construction as prescribed in Clause 1 of this Article, the person requesting the appraisal shall propose to the specialized agency under the provincial People's Committee or the Ministry of Construction, or the specialized construction management agency to introduce an organization or individual outside the published list that meets the standards and conditions as prescribed and is suitable for the subject and content of the appraisal.

Article 10. Procedure for Implementing Judicial Appraisal in Construction

1. Receiving Requests for Appraisal

a) Organizations and individuals conducting judicial appraisal in construction shall receive the decision requesting the appraisal or the document requesting the appraisal; check the completeness and validity of the files, documents, and objects of appraisal (if applicable) according to the provisions of point b, Clause 1 of this Article;

b) The handover and receipt of files, documents, and objects of appraisal shall be carried out according to the provisions of Article 27 of the Law on Judicial Appraisal. In cases where the object of appraisal cannot be sent along with the decision requesting the appraisal or the document requesting the appraisal, the person requesting the appraisal, the person requiring the appraisal, and the organization or individual conducting judicial appraisal in construction shall establish a record of handover and receipt of the object of appraisal at the scene of the case being requested for appraisal according to the regulations;

c) In cases where the files and documents serving the appraisal are incomplete or invalid, within five working days, the organization or individual conducting judicial appraisal in construction shall issue a document requesting the person requesting the appraisal or the person requiring the appraisal to supplement and complete them;

d) In cases of refusal to conduct the appraisal as prescribed in Clause 2 of Article 11 and point b, Clause 1 of Article 24 of the Law on Judicial Appraisal amended and supplemented in Clause 7 and Clause 14 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal, or in cases where judicial appraisal cannot be conducted as prescribed in Article 34 of the Law on Judicial Appraisal, the organization or individual conducting judicial appraisal in construction shall notify the reasons in writing to the person requesting the appraisal or the person requiring the appraisal within five working days from the date of receiving the decision requesting the appraisal or the document requesting the appraisal.

2. Preparing for Appraisal

a) Organizations and individuals conducting judicial appraisal in construction shall establish an outline and budget for the costs of the appraisal and request provisional payment of the appraisal costs to be sent to the person requesting the appraisal or the person requiring the appraisal. The appraisal outline includes the following main contents:

- Basis for conducting the appraisal: the decision requesting the appraisal or the document requesting the appraisal; legal regulations, lists of technical standards, applicable standards, and other bases (if any);

- Information about the organization or individual conducting the appraisal;

- Information about the object and content of the appraisal; procedures and methods for conducting the appraisal; name of the laboratory, list of equipment used (if any); other necessary contents to serve the appraisal;

- Time and progress schedule;

- Budget for the costs of the appraisal attached;

b) The person requesting the appraisal or the person requiring the appraisal shall organize the review and approval of the outline and budget for the costs of the appraisal and provisional payment of the appraisal costs as proposed by the organization or individual conducting judicial appraisal in construction. If necessary, the person requesting the appraisal or the person requiring the appraisal may hire an organization or individual with the required capacity as prescribed to review the outline and budget for the costs of the appraisal to serve as the basis for approval. The agreement on conducting the appraisal between the person requesting the appraisal, the person requiring the appraisal, and the organization or individual conducting judicial appraisal in construction shall be reflected in a contract or another form of document as prescribed by law.

3. Conducting the Appraisal

a) Organizations and individuals conducting judicial appraisal in construction shall conduct the appraisal according to the approved appraisal outline; the appraisal conclusion shall be established according to the provisions of Article 32 of the Law on Judicial Appraisal amended and supplemented in Clause 18 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal and shall meet the requirements of the request for appraisal;

b) During the process, organizations and individuals conducting judicial appraisal in construction must prepare a document recording the process of conducting the appraisal according to the provisions of Article 31 of the Law on Judicial Appraisal amended and supplemented in Clause 17 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal;

c) In cases where additional files and documents are needed to serve the appraisal, the organization or individual conducting judicial appraisal in construction shall issue a document requesting the person requesting the appraisal or the person requiring the appraisal to supplement them. The time from when the organization or individual conducting judicial appraisal in construction issues the document requesting supplementation to when they receive the supplementary files and documents shall not be counted towards the appraisal period. In cases where the supplementary files and documents are not provided as requested, the organization or individual conducting judicial appraisal in construction has the right to refuse to conduct the appraisal.

4. Handing Over the Appraisal Conclusion and Settling the Costs of the Appraisal

Organizations and individuals conducting judicial appraisal in construction have the responsibility to hand over the appraisal conclusion to the person requesting the appraisal or the person requiring the appraisal and to establish a record. The person requesting the appraisal or the person requiring the appraisal has the responsibility to settle the costs of the appraisal for the organization or individual conducting judicial appraisal in construction as prescribed.

5. Participating in Court Sessions

When requested by the court, representatives of judicial appraisal organizations or individuals participating in construction judicial appraisals shall attend the trial to explain the contents in the appraisal conclusion. The court is responsible for arranging appropriate positions for judicial appraisers when participating in litigation at the trial according to Clause 5, Article 44 of the Judicial Appraisal Law amended and supplemented at Point b, Clause 26, Article 1 of the Law Amending and Supplementing Certain Provisions of the Judicial Appraisal Law, and shall pay travel expenses and allowances for judicial appraisers attending the trial in accordance with the law on allowances for participants in trials.

Article 11. Construction Judicial Appraisal Files

Construction judicial appraisal files as prescribed in Article 33 of the Judicial Appraisal Law amended and supplemented at Clause 19, Article 1 of the Law Amending and Supplementing Certain Provisions of the Judicial Appraisal Law, and the following documents:

1. Files of organizations and individuals meeting the conditions and standards for construction judicial appraisals, consistent with the subject matter and content of the appraisal.

2. Outline and budget for appraisal costs (if any), approved by the requesting party or the party requesting the appraisal.

3. Calculation results, analysis, evaluation; measurement, observation, specialized construction testing, construction inspection results, and other related contents (if any).

Article 12. Time Limit for Construction Judicial Appraisal

The time limit for construction judicial appraisal is as prescribed in Clause 16, Article 1 of the Law Amending and Supplementing Certain Provisions of the Judicial Appraisal Law.

Article 13. Supplementary Appraisal, Reappraisal, and Establishment of the Judicial Appraisal Board

Supplementary appraisal, reappraisal, and establishment of the appraisal board are carried out in accordance with Article 29 and Article 30 of the Judicial Appraisal Law.

Chapter IV

IMPLEMENTATION

Article 14. Transitional Provisions

Construction judicial appraisal cases that have been accepted for decision requests or appraisal request documents before this Circular takes effect shall be implemented in accordance with Circular No. 04/2014/TT-BXD dated April 22, 2014, issued by the Minister of Construction guiding certain contents regarding judicial appraisal in construction investment activities.

Article 15. Implementation Provisions

1. The National Quality Control Agency for Construction Projects is the lead unit assisting the Minister of Construction in managing state administration over construction judicial appraisal activities within the Ministry's authority.

This Circular takes effect from February 5, 2022, and replaces Circular No. 04/2014/TT-BXD dated April 22, 2014, issued by the Minister of Construction guiding certain contents regarding judicial appraisal in construction investment activities.

3. Ministries, ministerial-level agencies, agencies under the Government; People's Committees of provinces and centrally governed cities; construction judicial appraisal organizations and related organizations and individuals are responsible for implementing the provisions of this Circular. In the course of implementation, if there are difficulties, please send comments to the Ministry of Construction for guidance and resolution./.