Chapter I of this Decree provides for the organization and operation of a judicial appraisal office in the form of a sole proprietorship or a limited partnership. It includes provisions such as establishment, conversion of business form, suspension of operations, revocation of registration certificate, and termination of operations.
适用范围
Judicial Appraisal Office
要点
- Establishment of a judicial appraisal office
- Conversion of Business Form
- Suspension of Operations
- Revocation of Registration Certificate
- Termination of Operations
🌐 本文件的社会影响
- Ensuring the operation in accordance with the provisions of the Law on Judicial Appraisal
- Safeguarding the rights and obligations of relevant parties when a judicial appraisal office suspends or terminates its operations
❓ 常见问题
What actions must a judicial appraisal office take if it wishes to convert its business form?
The office shall submit an application for conversion to the Department of Justice at the place of registration, including a conversion plan and documents proving compliance with the new operational conditions.
Under what circumstances may a judicial appraisal office have its registration certificate revoked?
The office will be subject to revocation of its registration if it fails to comply with the provisions of the Law on Judicial Appraisal, conducts appraisals outside the registered scope, or violates the law in a serious manner.
What is the procedure for terminating operations at a judicial appraisal office?
The office must report in writing to the Department of Justice 30 days prior and complete all financial, labor, and public disclosure obligations related to the termination of operations.
全文
DECREE
Detailed provisions for certain articles and measures to implement the Law on Judicial Appraisal
Based on Decree No. 63/2025/QH15 on Government Organization;
Based on Decree No. 105/2025/QH15 on Judicial Appraisal;
In accordance with the proposal of the Minister of Justice;
The Government promulgates this Decree to provide detailed provisions for certain articles and measures to implement the Law on Judicial Appraisal, including state management measures in judicial appraisal work.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of application
This Decree provides detailed provisions for paragraph 8 of Article 11; paragraph 8 of Article 14; paragraph 2 of Article 16; paragraphs 1 and 2, points a, b and d of paragraph 3, paragraphs 4 and 5 of Article 17; paragraph 5 of Article 19; paragraph 9 of Article 20; paragraph 4 of Article 29; Articles 33 and 40; paragraph 1 of Article 41 of the Law on Judicial Appraisal; measures to implement the Law on Judicial Appraisal concerning state management in judicial appraisal work.
Article 2. Implementation of administrative procedures on an electronic platform
1. Organizations and individuals shall prepare electronic files, declare forms, and submit electronic declarations as required by the online public service system as follows:
a) Fill out the form and declaration on the provided electronic templates; sign the digital signature on the form and declaration, as well as any electronic documents if required;
b) Upload valid electronic documents or cite sources from the organization's or individual's data management repository.
2. Organizations and individuals shall conduct administrative procedures online through the National Public Service Portal or the national identity application.
3. Administrative authorities shall utilize information and data in the national database, specialized databases, and information systems as prescribed by laws on administrative procedures to process administrative procedures on an electronic platform; they shall not require individuals or organizations to provide or present documents that are already available in these databases and information systems, except where such information cannot be accessed or is incomplete.
CHAPTER II
JUDICIAL APPRAISERS AND PERSONS CONDUCTING JUDICIAL APPELLATIONS FOR SPECIFIC MATTERS
Section 1
JUDICIAL APPRAISERS
Article 3. Procedures and formalities for appointment and issuance of judicial appraiser cards
1. Appointment and issuance of judicial appraiser cards to civil servants, public officials, military officers, and People's Public Security officers:
a) The head of the unit under the ministry, agency at the same level as a ministry, or an agency under the Government, the Supreme People's Procuratorate shall be responsible for selecting individuals working within their jurisdiction who meet the standards specified in paragraph 1 of Article 10 of the Law on Judicial Appraisal and recommending them to the Minister, head of the agency at the same level as a ministry, or the Chief Procurator of the Supreme People's Procuratorate for appointment and issuance of the judicial appraiser card;
b) The head of the specialized agency under the provincial or municipal people's committee managing the field of judicial appraisal shall be responsible for selecting individuals working within their jurisdiction who meet the standards specified in paragraph 1 of Article 10 of the Law on Judicial Appraisal and recommending them to the provincial or municipal people's committee chief for appointment and issuance of the judicial appraiser card.
2. Appointment and issuance of judicial appraiser cards to individuals registered as residents in a locality who do not fall under the circumstances specified in paragraph 1:
a) Individuals registered as residents in accordance with paragraph 2 of Article 11 of the Law on Judicial Appraisal shall submit an application for appointment and issuance of the judicial appraiser card, prepare one set of documents, and submit them directly or through postal services to the specialized agency under the provincial or municipal people's committee managing the field of judicial appraisal or the provincial or municipal public service center where they are registered, or online according to the provisions in Article 2 of this Decree;
b) Within five working days from receipt of a complete set of documents, the head of the specialized agency under the provincial or municipal people's committee managing the field of judicial appraisal shall submit the application for appointment and issuance of the judicial appraiser card to the provincial or municipal people's committee chief. Within three working days from receipt of the request, the provincial or municipal people's committee chief shall decide on the appointment and issuance of the judicial appraiser card. In case of refusal, a written notification must be provided along with the reasons.
3. The documents required for application for appointment and issuance of the judicial appraiser card as specified in paragraph 2 include:
a) An application form for appointment and issuance of the judicial appraiser card by an individual;
b) A university degree or higher with a major relevant to the field of specialization for which the judicial appraiser is being appointed;
c) Documentation proving at least five years of practical experience in the field of specialization. For individuals applying for forensic medicine, forensic psychiatry, and criminal technique appraisers who have directly assisted in appraisal activities within a forensic medical, psychiatric, or criminal technique organization, this period shall be at least three years;
d) Documentation proving completion of legal knowledge and appraisal professional training courses;
d) Two color photographs measuring 2 cm x 3 cm or electronic color photographs of the same size (for online submission), taken within six months prior to submission. The documents specified in points b, c, and d of this paragraph shall be copies with originals for verification or certified copies or electronic copies from the original register or certified electronic copies from the original document.
4. Ministries, agencies at the same level as a ministry, agencies under the Government, Supreme People's Procuratorates, provincial or municipal people's committees are responsible for compiling and publishing lists of judicial appraisers appointed and card-issued on their respective electronic information portals; they shall also update these in the unified list of appraisers and appraisal organizations on the Ministry of Justice's electronic portal.
Article 4. Procedure for Removal and Revocation of Forensic Appraiser's Card
1. Removal and revocation of the forensic appraiser's card for civil servants, staff members, military officers, and People's Public Security Officers:
a) The head of an entity under a ministry, agency at ministerial level, or agency under the Government shall be responsible for reviewing the list of forensic appraisers within their jurisdiction; in cases where a forensic appraiser is removed from office or requests removal according to paragraph 4 and paragraph 5 of Article 11 of the Forensic Appraisal Law, they shall propose to the Minister, head of an agency at ministerial level, or head of an agency under the Government, as well as the Chief Procurator of the Supreme People's Procuracy, for removal from office and revocation of the forensic appraiser's card;
b) The head of a specialized agency under the People's Committee of a province or municipality managing the field of forensic appraisal shall be responsible for reviewing the list of forensic appraisers within their jurisdiction; in cases where a forensic appraiser is removed from office or requests removal according to paragraph 4 and paragraph 5 of Article 11 of the Forensic Appraisal Law, they shall propose to the Chairperson of the People's Committee of the province or municipality for removal from office and revocation of the forensic appraiser's card.
2. Removal and revocation of the forensic appraiser's card for individuals registered as residents in a locality who do not fall under the circumstances specified in paragraph 1:
a) A forensic appraiser who is an individual registered as a resident in a locality according to paragraph 2 of Article 11 of the Forensic Appraisal Law, if they wish to be removed from office and have their forensic appraiser's card revoked, shall submit a written request directly or through postal services to the specialized agency under the People's Committee of a province or municipality managing the field of forensic appraisal or the provincial or municipal administrative service center where they are registered as residents, or online according to the provisions of this Decree. Within three working days from the date of receipt of the request, the head of the specialized agency under the People's Committee of a province or municipality managing the field of forensic appraisal shall submit a report to the Chairperson of the People's Committee of the province or municipality for decision on removal and revocation of the forensic appraiser's card. Within two working days from the date of receipt of the request, the Chairperson of the People's Committee of the province or municipality shall decide on removal and revocation of the forensic appraiser's card;
b) Within fifteen working days from the date of receiving information about a forensic appraiser who is an individual registered as a resident in a locality according to paragraph 2 of Article 11 of the Forensic Appraisal Law, if they fall under the circumstances for removal specified in paragraph 4 of Article 11 of the Forensic Appraisal Law, the head of the specialized agency under the People's Committee of a province or municipality managing the field of forensic appraisal shall be responsible for examining and verifying the information as stipulated herein. Within three working days from the date of having sufficient grounds to confirm that the forensic appraiser falls under the circumstances for removal specified in paragraph 4 of Article 11 of the Forensic Appraisal Law, the head of the specialized agency under the People's Committee of a province or municipality managing the field of forensic appraisal shall submit a written request to the Chairperson of the People's Committee of the province or municipality for removal and revocation of the forensic appraiser's card accompanied by relevant documents. Within two working days from the date of receipt of the request, the Chairperson of the People's Committee of the province or municipality shall decide on removal and revocation of the forensic appraiser's card; in case of refusal, a written notification with reasons must be provided.
3. Ministries, agencies at ministerial level, agencies under the Government, Supreme People's Procuracy, and People's Committees of provinces or municipalities are responsible for updating the list of forensic appraisers on their own e-government portal; simultaneously, they shall update this list in the unified list of forensic appraisers and forensic appraisal organizations on the Ministry of Justice's e-government portal.
Article 5. Procedure for Reappointment and Issuance of Forensic Appraiser Certificate
1. Reappointment and issuance of a forensic appraiser certificate to civil servants, staff members, military officers, or People's Public Security Officers:
a) The head of the unit under the ministry, agency at ministerial level, or government agency, Supreme People's Procuratorate shall be responsible for reviewing and selecting individuals working in agencies or units under their management who have been relieved from their position as forensic appraiser or have had their forensic appraiser status revoked but fall within the cases where reappointment of a forensic appraiser is to be considered according to paragraph 6, Article 11 of the Law on Forensic Appraisal. They shall propose to the Minister, head of an agency at ministerial level, government agency, or Chief Procurator of the Supreme People's Procuratorate for reappointment and issuance of a forensic appraiser certificate;
b) The head of the competent authority under the provincial or municipal people's committee managing the field of forensic appraisal shall review and select individuals working in agencies or units under their management who have been relieved from their position as forensic appraiser or have had their status revoked but fall within the cases where reappointment of a forensic appraiser is to be considered according to paragraph 6, Article 11 of the Law on Forensic Appraisal. They shall propose to the head of the provincial or municipal people's committee for reappointment and issuance of a forensic appraiser certificate.
2. Reappointment and issuance of a forensic appraiser certificate to individuals registered as residents in a locality who do not fall within the cases specified in paragraph 1:
a) Individuals registered as residents in a locality according to paragraph 2, Article 11 of the Law on Forensic Appraisal who fall within the cases where reappointment of a forensic appraiser is to be considered according to paragraph 6, Article 11 of the Law on Forensic Appraisal shall submit an application for reappointment and issuance of a forensic appraiser certificate by preparing one set of documents, submitting them directly or through postal services to the competent authority under the provincial or municipal people's committee managing the field of forensic appraisal or the provincial or municipal public service center where they are registered as residents, or online on the electronic environment according to Article 2 of this Decree;
b) Within three working days from the date of receipt of a valid application, the head of the competent authority under the provincial or municipal people's committee managing the field of forensic appraisal shall submit the decision for reappointment and issuance of a forensic appraiser certificate to the head of the provincial or municipal people's committee. Within two working days from the date of receiving the request document, the head of the provincial or municipal people's committee shall decide on reappointment and issuance of a forensic appraiser certificate. In case of refusal, it must be communicated in writing to the applicant with reasons stated.
3. The documents required for application for reappointment and issuance of a forensic appraiser certificate as specified in paragraph 2 include:
a) An application for reappointment and issuance of a forensic appraiser certificate by an individual;
b) Documents proving eligibility for reappointment as a forensic appraiser according to paragraph 6, Article 11 of the Law on Forensic Appraisal;
c) Two color passport-sized photographs (2 cm x 3 cm) or electronic color photograph (2 cm x 3 cm) taken within six months prior to submission of the application. The documents specified in point b above are either copies with original for verification, certified copies, or electronic copies from the original register or certified electronic copies from the original document.
4. Ministries, agencies at ministerial level, government agencies, Supreme People's Procuratorate, provincial or municipal people's committees shall be responsible for updating the list of forensic appraisers who have been reappointed and issued certificates on their own e-government portal; simultaneously, they shall update this information in the unified list of forensic appraisers and forensic appraisal organizations on the Ministry of Justice's e-government portal.
Article 6. Judicial Appraiser's Identification Card, Reissuance of Judicial Appraiser's Identification Card
1. The judicial appraiser's identification card is issued to a judicial appraiser for use when exercising rights and performing duties as a judicial appraiser in accordance with the provisions of law. A judicial appraiser shall be responsible for safeguarding the issued identification card; it must not be altered, repaired, lent, or used for purposes other than those prescribed.
2. The judicial appraiser's identification card may be reissued in cases where the original card has been lost, damaged (torn, dirty, blurred), making its use impossible, or there is a change in information recorded on the card.
3. Reissuance of the judicial appraiser's identification card for judicial appraisers who are civil servants, public officials, military officers, or People's Public Security Officers:
a) The head of an entity within a ministry, agency at ministerial level, or agency under the Government, or the Supreme People's Procuratorate requests the Minister, head of an agency at ministerial level, or head of an agency under the Government, or the Chief of the Supreme People's Procuratorate to reissue the judicial appraiser's identification card;
b) The head of a specialized agency under the People's Committee of a province or city managing the field of forensic appraisal requests the Chairperson of the People's Committee of the province or city to reissue the judicial appraiser's identification card.
4. Reissuance of the judicial appraiser's identification card for individuals registered as residents in a locality who do not fall under the circumstances specified in paragraph 3 of this Article:
a) The judicial appraiser requests reissuance of the identification card by submitting an application directly or through postal services to the specialized agency under the People's Committee of the province or city managing the field of forensic appraisal, or the provincial or municipal administrative service center where they are registered as residents, or online according to the provisions in Article 2 of this Decree;
b) Within three working days from receipt of the application, the head of a specialized agency under the People's Committee of the province or city managing the field of forensic appraisal submits the request to the Chairperson of the People's Committee of the province or city for decision on reissuance. Within two working days from receipt of the request document, the Chairperson of the People's Committee of the province or city decides on reissuance. In case of refusal, it must be communicated in writing to the applicant and the reasons stated.
5. The judicial appraiser's identification card is reissued when lost, damaged, or information recorded thereon changes without altering the field or specialty of appraisal. If the change in information alters the field or specialty, a new number may be assigned.
6. Detailed content and format of the judicial appraiser's identification card are carried out according to the annex attached to this Decree.
Article 7. Format and Code Numbers for Departments, Agencies at Ministerial Level, Supreme People's Procuratorate, Provincial or Municipal People's Committees
1. The format of documents used in administrative procedures under this Decree is carried out according to the provisions in the annex attached to this Decree.
2. Code numbers for departments, agencies at ministerial level, Supreme People's Procuratorate, and provincial or municipal people's committees when issuing judicial appraiser identification cards are as follows:
a) The code number of the provincial or municipal people's committee is applied according to the codes assigned to administrative units at the provincial level as specified in the annex attached to Decision No. 19/2025/QĐ-TTg, which establishes the list and codes for Vietnamese administrative units;
b) The code number of departments, agencies at ministerial level, Supreme People's Procuratorate is carried out according to the provisions in the annex attached to this Decree.
Part 2
PERSONS QUALIFIED AS LEGAL EXAMINERS FOR SPECIFIC MATTERS
Article 8. Procedure and Process for Recognizing Persons Qualified as Legal Examiners for Specific Matters
1. For public servants, civil servants; non-commissioned officers, soldiers; professional military personnel, workers, civil servants in military agencies or units; workers in public security agencies or units:
a) The head of the unit within a ministry, agency at ministerial level, or an agency under the Government shall be responsible for selecting individuals working within their jurisdiction who meet the criteria specified in Article 13 of the Law on Legal Examiners and submit to the Minister, Head of Agency at Ministerial Level, or Head of Agency under the Government a request for recognition as a legal examiner for specific matters;
b) The head of the specialized agency under the People's Committee managing the field of legal examination shall be responsible for selecting individuals working within their jurisdiction who meet the criteria specified in Article 13 of the Law on Legal Examiners and submit to the Chairperson of the People’s Committee a request for recognition as a legal examiner for specific matters.
2. For individuals registered as residents at a local level not falling under the circumstances stipulated in paragraph 1:
a) Individuals registered as residents at a local level specified in Paragraph 2, Article 14 of the Law on Legal Examiners shall submit an application for recognition as a legal examiner for specific matters by preparing one set of documents and submitting them directly or through postal services to the specialized agency under the People's Committee managing the field of legal examination or the provincial public service center where they are registered, or online according to the provisions in this Decree;
b) Within five working days from the receipt of a complete application, the head of the specialized agency under the People’s Committee shall submit the decision on recognition as a legal examiner for specific matters to the Chairperson of the People's Committee. Within three working days from receiving the request, the Chairperson of the People's Committee shall make a decision on recognizing the individual as a legal examiner for specific matters. In case of refusal, it must be communicated in writing to the applicant and the reasons stated.
3. The application documents for recognition as a legal examiner for specific matters specified in paragraph 2 include:
b) A university degree or higher with a major relevant to the field of expertise being applied for;
c) Documentation proving at least five years of practical experience in the field of training. The documentation specified in points b and c above shall be either a copy accompanied by an original, a certified copy, or an electronic copy from the original record, or a certified electronic copy from the original document.
4. Within five working days from the issuance of the decision on recognition as a legal examiner for specific matters, the agency issuing such decision shall publish the list of recognized legal examiners for specific matters on the official website of the ministry, agency at ministerial level, or provincial People's Committee; and simultaneously update it in the unified list of legal examiners and examination organizations on the Ministry of Justice’s official website.
5. In case there are changes to information related to a recognized legal examiner for specific matters, the ministries, agencies at ministerial level, provincial People's Committees shall be responsible for updating the list of recognized legal examiners for specific matters on their respective websites; and simultaneously update it in the unified list of legal examiners and examination organizations on the Ministry of Justice’s official website.
6. Information about a recognized legal examiner for specific matters includes:
a) Full name;
b) Date, month, year of birth;
c) Place of work or place of residence;
d) Field of expertise or field of examination;
d) Experience in professional activities and forensic examination activities.
Article 9. Procedure and Process for Revoking Recognition of Judicial Appraiser on a Case-by-Case Basis
1. The procedure and process for revoking recognition of judicial appraisers on a case-by-case basis shall apply to civil servants, staff members; non-commissioned officers, soldiers; professional military personnel, workers, or staff members in agencies or units under the People's Army; workers in agencies or units under the People's Public Security:
a) The head of the unit within the ministry, agency at ministerial level, or agency under the Government shall be responsible for reviewing the list of case-by-case judicial appraisers working in the agency or unit under their management. In cases where a case-by-case judicial appraiser is revoked or has his recognition revoked as provided in Clause 6 and Clause 7 of Article 14 of the Judicial Appraisal Law, he shall propose to the Minister, head of an agency at ministerial level, or head of an agency under the Government to revoke the recognition of the case-by-case judicial appraiser.
b) The head of a specialized agency under the People's Committee of a province or municipality managing the field of judicial appraisal shall be responsible for reviewing the list of case-by-case judicial appraisers working in the agencies or units under their management. In cases where a case-by-case judicial appraiser is revoked or has his recognition revoked as provided in Clause 6 and Clause 7 of Article 14 of the Judicial Appraisal Law, he shall propose to the head of the People's Committee of the province or municipality to revoke the recognition of the case-by-case judicial appraiser.
2. The procedure and process for revoking recognition of judicial appraisers on a case-by-case basis shall apply to individuals registered as residents in a locality who do not fall under the circumstances provided in Clause 1:
a) A case-by-case judicial appraiser who is an individual registered as resident in a locality specified in Clause 2 of Article 14 of the Judicial Appraisal Law, if willing to revoke his recognition as a case-by-case judicial appraiser, shall submit a request for revocation directly or through postal services to the specialized agency under the People's Committee of the province or municipality managing the field of judicial appraisal or the provincial or municipal administrative service center where he is registered. Within three working days from the date of receipt of the request, the head of the specialized agency under the People's Committee of the province or municipality managing the field of judicial appraisal shall submit a report to the head of the People's Committee of the province or municipality for decision on revoking his recognition as a case-by-case judicial appraiser. Within two working days from the date of receipt of the request, the head of the People's Committee of the province or municipality shall make a decision to revoke his recognition as a case-by-case judicial appraiser.
b) Within fifteen working days from the date of receiving information about a case-by-case judicial appraiser who is an individual registered as resident in a locality specified in Clause 2 of Article 14 of the Judicial Appraisal Law and falls under the circumstances for revocation provided in Clause 6 of Article 14 of the Judicial Appraisal Law, the head of the specialized agency under the People's Committee of the province or municipality managing the field of judicial appraisal shall examine and verify the information. Within five working days from the date of having sufficient grounds to confirm that the case-by-case judicial appraiser falls under the circumstances for revocation provided in Clause 6 of Article 14 of the Judicial Appraisal Law, the head of the specialized agency under the People's Committee of the province or municipality managing the field of judicial appraisal shall submit a request to the head of the People's Committee of the province or municipality to revoke his recognition, accompanied by relevant documents. Within two working days from the date of receipt of the request from the head of the specialized agency under the People's Committee of the province or municipality, the head of the People's Committee of the province or municipality shall make a decision to revoke his recognition. In case of refusal, it must be communicated in writing with reasons.
3. Within five working days from the date of making the decision to revoke the recognition of a case-by-case judicial appraiser, the agency that made the decision to revoke the recognition of a case-by-case judicial appraiser shall update the list of case-by-case judicial appraisers on the Government's or ministry-level or agency under the Government's electronic information portal and simultaneously update it in the unified list of judicial appraisers and appraisal organizations on the Ministry of Justice's electronic information portal.
Chapter III
ORGANIZATION OF LEGAL APPRAISAL
Section 1
ORGANIZATION OF PUBLIC LEGAL APPRAISAL
Article 10. System of Public Legal Appraisal Organization
1. The public legal appraisal organization for forensic medicine includes:
a) National Forensic Medicine Institute under the Ministry of Health;
b) Provincial and Municipal Forensic Medicine Centers;
c) Military Forensic Medicine Institutes under the Ministry of Defense;
d) Criminal Investigation Department Forensic Science Centers under the Ministry of Public Security.
2. The public legal appraisal organization for forensic psychiatry includes:
a) Central Forensic Psychiatry Institute under the Ministry of Health;
b) Regional Forensic Psychiatry Centers under the Ministry of Health.
3. The public legal appraisal organization for criminal technical science includes:
a) Criminal Investigation Department under the Ministry of Public Security;
b) Criminal Technical Science Section under the Provincial and Municipal Public Security Bureaus;
c) Criminal Technical Science Section under the Ministry of Defense; d) Criminal Technical Science Section under the People's Procuratorate
Article 11. National Forensic Medicine Institute under the Ministry of Health
1. The National Forensic Medicine Institute under the Ministry of Health has the following functions and tasks:
a) Conduct forensic appraisals in accordance with the provisions of criminal procedure law and the Law on Legal Appraisal;
b) Develop appraisal procedures, professional standards or propose professional guidelines for forensic appraisals to be issued by the Minister of Health;
c) Develop programs, materials, and training guides for forensic expertise; organize legal knowledge and appraisal training;
d) Guide, direct, and inspect forensic activities in all organizations nationwide in accordance with the law;
d) Conduct scientific research on forensic medicine;
e) Carry out international cooperation activities in forensic medicine;
g) Summarize and report to the Ministry of Health and the Ministry of Justice on the organization and operation of national forensic appraisals annually, propose measures to enhance the effectiveness of forensic appraisal operations; ) Other tasks as stipulated by the Minister of Health
2. The National Forensic Medicine Institute has a Director and Deputy Directors. The Director and Deputy Directors are responsible for professional matters related to appraisals and must be forensic appraisers. The Director and Deputy Directors of the National Forensic Medicine Institute are appointed by the Minister of Health.
3. The National Forensic Medicine Institute is a public sector entity, operating in accordance with the Law on Legal Appraisal, this Decree, and relevant laws.
Article 12. Provincial and Municipal Forensic Medicine Centers
1. The Provincial and Municipal Forensic Medicine Centers have the following functions and tasks:
a) Conduct forensic appraisals in accordance with the provisions of criminal procedure law and the Law on Legal Appraisal;
b) Conduct scientific research on forensic medicine;
c) Report to the Department of Health, Department of Justice on the organization and operation of forensic appraisals within the province annually, and send reports to the National Forensic Medicine Institute; i) Other tasks as stipulated by the People's Committee of the Province or Municipality
2. The Provincial and Municipal Forensic Medicine Centers have a Director and Deputy Directors. The Director and Deputy Directors are responsible for professional matters related to appraisals and must be forensic appraisers. The Director of the Department of Health appoints the Director and Deputy Directors of the Provincial and Municipal Forensic Medicine Centers and notifies the Department of Justice of the appointment.
3. The Provincial and Municipal Forensic Medicine Centers are public sector entities, operating in accordance with the Law on Legal Appraisal, this Decree, and relevant laws.
Article 13. Military Forensic Institute under the Ministry of Defense
1. The Military Forensic Institute under the Ministry of Defense shall have the following functions and tasks:
a) Conduct forensic examination in accordance with the provisions of criminal procedure law and the Law on Judicial Appraisal;
b) Conduct scientific research on forensic matters;
c) Carry out international cooperation activities in the field of forensic science;
d) Summarize and report to the Ministry of Defense annually on the organization and operation of forensic examination within the military, simultaneously sending a report to the National Forensic Institute;
d) Other tasks as stipulated by the Minister of Defense.
2. The Military Forensic Institute shall have an Institute Director and Deputy Directors. The Institute Director and Deputy Directors responsible for forensic matters must be judicial appraisers. The appointment of the Institute Director and Deputy Directors at the Military Forensic Institute shall be carried out in accordance with the provisions of the Minister of Defense.
Article 14. Forensic Appraisal Center under the Criminal Investigation Institute, Ministry of Public Security
1. The Forensic Appraisal Center under the Criminal Investigation Institute has the following functions and tasks:
a) Conduct forensic examination in accordance with the provisions of criminal procedure law and the Law on Judicial Appraisal;
b) Conduct scientific research on forensic matters;
c) Carry out international cooperation activities in the field of forensic science;
d) Summarize and report to the Criminal Investigation Institute under the Ministry of Public Security annually on the organization and operation of forensic examination within the people's public security, simultaneously sending a report to the National Forensic Institute;
d) Other tasks as stipulated by the Minister of Public Security.
2. The Forensic Appraisal Center under the Criminal Investigation Institute, Ministry of Public Security shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for forensic matters must be judicial appraisers. The appointment of the Director and Deputy Directors at the Forensic Appraisal Center shall be carried out in accordance with the provisions of the Minister of Public Security.
Article 15. Central Institute of Mental Forensic Science, Regional Mental Forensic Institutes under the Ministry of Health
1. The Central Institute of Mental Forensic Science has the following functions and tasks:
a) Conduct mental forensic examination in accordance with the provisions of criminal procedure law and the Law on Judicial Appraisal;
b) Develop procedures for forensic examination, professional standards or propose guidelines for mental forensic examination activities to be issued by the Minister of Health;
c) Develop programs, materials, and guidance for professional training in mental forensic science; organize training in legal knowledge and forensic examination skills in mental forensic science;
d) Guide, direct, and inspect mental forensic activities at forensic examination organizations nationwide in accordance with the provisions of the Ministry of Health;
d) Conduct scientific research on mental forensic matters; carry out international cooperation activities in the field of mental forensic science;
g) Summarize and report to the Ministry of Health, Ministry of Justice annually on the organization and operation of mental forensic examination nationwide, propose measures to improve the effectiveness of mental forensic examination activities; 1) Other tasks as stipulated by the Minister of Health
2. The Regional Mental Forensic Institutes under the Ministry of Health have the following functions and tasks:
a) Conduct mental forensic examination in accordance with the provisions of criminal procedure law and the Law on Judicial Appraisal;
b) Conduct scientific research on mental forensic matters;
c) Report to the Ministry of Health on the organization and operation of mental forensic examination, simultaneously sending a report to the Central Institute of Mental Forensic Science annually;
d) Other tasks as stipulated by the Minister of Health.
3. The Central Institute of Mental Forensic Science shall have an Institute Director and Deputy Directors. The Institute Director and Deputy Directors responsible for forensic matters must be judicial appraisers. Regional Mental Forensic Institutes shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for forensic matters must be judicial appraisers. The appointment of the Institute Director, Deputy Directors at the Central Institute of Mental Forensic Science, and the Director, Deputy Directors at the Regional Mental Forensic Institutes shall be carried out by the Minister of Health.
4. The Central Institute of Mental Forensic Science and Regional Mental Forensic Institutes are public sector entities operating in accordance with the Law on Judicial Appraisal, this Decree, and relevant laws.
Article 16. Institute of Criminal Science under the Ministry of Public Security
1. The Institute of Criminal Science under the Ministry of Public Security shall have the following functions and tasks:
a) To perform forensic technical examination and medical legal examination in accordance with the provisions of criminal procedure law and the Law on Forensic Expertise;
b) To develop procedures for forensic examinations, professional standards or propose professional guidelines for forensic technical examination activities to be issued by the Minister of Public Security;
c) To develop programs, materials, and professional training guidance for criminal technical expertise; organize legal knowledge and forensic technical examination professional training;
d) To guide, direct, and inspect criminal technical examination work for forensic examination organizations throughout the country in accordance with the provisions of law:
d) To conduct scientific research on criminal technical science and medical legal science;
e) To carry out international cooperation activities on criminal technical science and medical legal science;
g) To summarize and report to the Ministry of Public Security, Ministry of Justice on the organization and operation of forensic technical examination throughout the country annually; to summarize and report to the Ministry of Public Security on the organization and operation of medical legal examinations in the People's Public Security sector annually, simultaneously sending reports to the National Forensic Institute; to propose measures to improve the effectiveness of forensic technical examination and medical legal examination activities;
h) Other tasks as prescribed by the Minister of Public Security.
2. The Institute of Criminal Science shall have a Director and Deputy Directors. The Director and Deputy Directors in charge of professional matters related to forensic examinations must be forensic experts. The appointment of the Director and Deputy Directors of the Institute of Criminal Science is carried out in accordance with the provisions of the Minister of Public Security.
Article 17. Technical Crime Investigation Department under Provincial or Municipal Public Security Bureau
1. The Technical Crime Investigation Department under the Provincial or Municipal Public Security Bureau shall have the following functions and tasks:
a) To perform forensic technical examination in accordance with the provisions of criminal procedure law and the Law on Forensic Expertise. Medical legal experts at the Technical Crime Investigation Department are responsible for performing medical legal examinations of corpses and medical legal examinations of injuries;
b) To conduct scientific research on criminal technical science;
c) To report to the Provincial or Municipal Public Security Bureau, Department of Justice on the organization and operation of forensic expertise; to report annually to the Department of Health on medical legal examinations of corpses and injuries, simultaneously sending reports to the Institute of Criminal Science;
d) Other tasks as prescribed by the Minister of Public Security.
2. The Technical Crime Investigation Department shall have a Head and Deputy Heads. The Head and Deputy Heads in charge of professional matters related to forensic examinations must be forensic experts. The appointment of the Head and Deputy Heads of the Technical Crime Investigation Department is carried out in accordance with the provisions of the Minister of Public Security.
Article 18. Forensic Technical Examination Department under the Ministry of National Defense
1. The Forensic Technical Examination Department under the Ministry of National Defense shall have the following functions and tasks:
a) To perform forensic technical examination in accordance with the provisions of criminal procedure law and the Law on Forensic Expertise;
b) To conduct scientific research on criminal technical science;
c) To summarize and report to the Ministry of National Defense on the organization and operation of criminal technical activities annually, simultaneously sending reports to the Institute of Criminal Science;
d) Other tasks as prescribed by the Minister of National Defense.
2. The Forensic Technical Examination Department under the Ministry of National Defense shall have a Director and Deputy Directors. The Director and Deputy Directors in charge of professional matters related to forensic examinations must be forensic experts. The appointment of the Director and Deputy Directors of the Forensic Technical Examination Department under the Ministry of National Defense is carried out in accordance with the provisions of the Minister of National Defense.
Article 19. Performance of Appraisal Services Outside Judicial Proceedings by Publicly-Owned Appraisal Institution as a Public Sector Entity
1. A publicly-owned appraisal institution, being a public sector entity, may provide appraisal services outside judicial proceedings upon the referral of an authority with jurisdiction in accordance with the provisions of the law or at the request of an agency, organization, or individual.
2. Principles for performing appraisals outside judicial proceedings:
a) Not to affect the duties of public sector appraisal institutions as prescribed by the Law on Public Appraisal;
b) To comply with scientific and technical methods, procedures, and professional standards in appraisal activities;
c) To adhere to the principles stipulated in Clauses 2, 3, 4, and 5 of Article 4 of the Law on Public Appraisal.
3. The procedure and process for performing appraisals outside judicial proceedings by a publicly-owned appraisal institution shall be carried out in accordance with the procedures and processes prescribed for judicial appraisals or through mutual agreement between the referrer, requestor, and the appraisal institution. In cases where necessary, the Minister or Head of an equivalent specialized agency may issue procedures and processes for performing appraisals outside judicial proceedings.
4. The entity performing appraisals outside judicial proceedings shall issue a document on the results of the appraisal to the referrer or requestor; in cases where the procedure and process for performing appraisals outside judicial proceedings follow those prescribed for judicial appraisals, the entity performing the appraisal shall issue an appraisal conclusion.
Section 2
PUBLIC SECTOR APRAISAL INSTITUTIONS FOR SPECIFIC MATTERS
Article 20. Procedure and Process for Recognizing Public Sector Appraisal Institutions for Specific Matters
1. The recognition of public sector appraisal institutions for specific matters shall be conducted with respect to agencies and units under the jurisdiction of ministries, equivalent specialized agencies, government agencies, people's committees of provinces and cities:
a) Heads of departments or units under ministries, equivalent specialized agencies, or government agencies are responsible for selecting an agency or unit that meets the conditions specified in Clause 1 of Article 18 of the Law on Public Appraisal and requesting the Minister or Head of an equivalent specialized agency or government agency to recognize such institutions;
b) The head of a specialized agency under the people's committee of provinces or cities, managing the field of public appraisal, is responsible for selecting an agency or unit that meets the conditions specified in Clause 1 of Article 18 of the Law on Public Appraisal and requesting the chairperson of the people's committee of provinces or cities to recognize such institutions.
2. The recognition of public sector appraisal institutions for specific matters shall be conducted with respect to organizations and enterprises under local jurisdiction that do not fall within the scope specified in Clause 1:
a) Organizations and enterprises that meet the conditions specified in Clause 1 of Article 18 of the Law on Public Appraisal may apply for recognition by submitting one set of application documents directly or through the buru service to the specialized agency under the people's committee of provinces or cities managing the field of public appraisal, or to the provincial administrative service center, or online according to the provisions in this Decree;
b) Within five working days from the receipt of a complete set of application documents, the head of the specialized agency under the people's committee of provinces or cities managing the field of public appraisal shall submit the decision on recognition to the chairperson of the people's committee of provinces or cities. Within three working days from receiving the application document, the chairperson of the people's committee of provinces or cities shall decide on recognizing such institutions. In case of refusal, a written notification must be provided along with the reasons.
3. The documents required for applying for recognition of public sector appraisal institutions for specific matters are as follows:
a) An application document for recognizing public sector appraisal institutions for specific matters submitted by an organization;
b) Documents proving that the organization meets the conditions specified in Clause 1 of Article 18 of the Law on Public Appraisal. The documents referred to at point b of this clause are copies certified with originals or electronic copies from original records or certified electronic copies.
4. Within five working days from the issuance of the decision recognizing public sector appraisal institutions for specific matters, the agency issuing such recognition shall publish a list of recognized public sector appraisal institutions on the official website of the ministry, equivalent specialized agency, or people's committee; simultaneously updating the national list of appraisers and appraisal institutions on the Ministry of Justice’s official website.
5. In case there are changes in information related to recognized public sector appraisal institutions for specific matters, ministries, equivalent specialized agencies, government agencies, or people's committees of provinces or cities shall adjust the list; simultaneously updating the national list of appraisers and appraisal institutions on the Ministry of Justice’s official website.
6. Information about recognized public sector appraisal institutions for specific matters includes:
a) Name of the organization;
b) Number, date, month, year of establishment;
c) Address of the organization;
d) Field of expertise or specialty in appraisal;
e) Experience in professional activities and appraisal activities.
Article 21. Procedure and Process for Revoking Recognition of Judicial Appraisal Organizations in Specific Cases
1. The procedure and process for revoking recognition of judicial appraisal organizations in specific cases shall apply to organs, units under the management authority of ministries, agencies at the same level as ministries, agencies under the Government, people's committees of provinces and cities:
a) The head of the unit under the ministry, agency at the same level as ministries, or agency under the Government is responsible for reviewing the list of judicial appraisal organizations in specific cases; where such judicial appraisal organization in specific cases has its recognition revoked according to paragraph 4 of Article 19 of the Judicial Appraisal Law, he/she shall propose to the Minister, head of the agency at the same level as ministries, or agency under the Government to revoke the recognition of the judicial appraisal organization in specific cases;
b) The head of the competent authority under the people's committee of provinces and cities managing the field of judicial appraisals is responsible for reviewing the list of judicial appraisal organizations in specific cases; where such judicial appraisal organization in specific cases has its recognition revoked according to paragraph 4 of Article 19 of the Judicial Appraisal Law, he/she shall propose to the head of the people's committee of provinces and cities to revoke the recognition of the judicial appraisal organization in specific cases.
2. The procedure for revoking recognition of judicial appraisal organizations in specific cases shall apply to organizations and enterprises under the management authority of localities that do not fall within the scope specified in paragraph 1 of this Article:
a) A judicial appraisal organization in specific cases under the management authority of the locality as specified in paragraph 1 of Article 19 of the Judicial Appraisal Law shall request revocation of its recognition by submitting an application directly or through postal services to the competent authority under the people's committee of provinces and cities managing the field of judicial appraisals, or the provincial public service center for administrative services, or online according to the provisions of this Decree. Within three working days from the date of receipt of the application, the head of the competent authority under the people's committee of provinces and cities managing the field of judicial appraisals shall submit a decision to revoke the recognition of the judicial appraisal organization in specific cases to the head of the people's committee of provinces and cities. Within two working days from the date of receipt of the request, the head of the people's committee of provinces and cities shall decide to revoke the recognition of the judicial appraisal organization in specific cases;
b) Within fifteen working days from the date of receiving information about a judicial appraisal organization in specific cases that falls within the scope for revocation according to paragraph 4 of Article 19 of the Judicial Appraisal Law, the head of the competent authority under the people's committee of provinces and cities managing the field of judicial appraisals shall examine, verify, and draw conclusions on the information specified herein. Within three working days from the date of having sufficient grounds to confirm that the judicial appraisal organization in specific cases falls within the scope for revocation according to paragraph 4 of Article 19 of the Judicial Appraisal Law, the head of the competent authority under the people's committee of provinces and cities managing the field of judicial appraisals shall submit a request to the head of the people's committee of provinces and cities to revoke the recognition accompanied by relevant documents. Within two working days from the date of receipt of the request from the head of the competent authority, the head of the people's committee of provinces and cities shall decide on revocation. In case of refusal, it must be communicated in writing with reasons.
3. Within three working days from the decision to revoke the recognition of a judicial appraisal organization in specific cases, the organ that made the decision to revoke the recognition of the judicial appraisal organization in specific cases shall update the list of judicial appraisal organizations in specific cases on the website of the ministry, agency at the same level as ministries, or agency under the Government, people's committee of provinces and cities; simultaneously, it shall update the comprehensive list of appraisers and judicial appraisal organizations on the Ministry of Justice’s website.
Article 3
OFFICE OF LEGAL APPRAISAL
Article 22. Procedure, Process, and Documentation for the Establishment and Registration of a Legal Appraisal Office
1. An individual who meets the conditions to establish and register a legal appraisal office shall submit one set of application documents for the establishment and registration of a legal appraisal office directly or through postal services to the Department of Justice or the Public Service Center in the province or city where the office is intended to be located, or electronically on an electronic environment as stipulated in Article 2 of this Decree. Within five working days from the date of receipt of the application documents, the Department of Justice shall examine and verify the documents; if the documents are incomplete or invalid, it shall notify the applicant in writing to complete the documents. Within twenty working days from the date of receiving a valid set of application documents, the Department of Justice shall examine and decide on approving the establishment plan for the legal appraisal office and issue an operation registration certificate to the legal appraisal office; if rejected, it must notify the applicant in writing with reasons.
2. The application documents for the establishment and registration of a legal appraisal office include the following documents:
a) Application form for establishment and registration;
b) Appointment decision for legal appraiser;
c) Documents proving at least three years of work experience in appraisal for the proposed head of the office;
d) Establishment plan for the legal appraisal office. The documents specified in items b and c of this clause are copies with originals for verification, or certified copies, or electronic original, or electronic copy from the original record, or certified electronic copy from the original.
3. The establishment plan for a legal appraisal office must include the following contents:
a) Purpose of establishment;
b) Proposed name, personnel, and location of the office;
c) Conditions regarding physical facilities, equipment, and appraisal tools according to the regulations of the competent department or equivalent body managing professional fields for appraisal purposes, except for appraisal fields that do not require use of appraisal tools and machinery to reach a conclusion;
d) Plan for implementing the establishment plan.
Article 23. Changes in Establishment, Registration, and Reissuance of Operation Registration Certificate for Legal Appraisal Office
1. A legal appraisal office may change its establishment or registration when there is a change in name, address, legal representative, or partnership member list. If a new partner is added as a legal appraiser from the same office, the appraiser shall commence practice upon reissuance of the operation registration certificate by the Department of Justice or recording the changes into the operation registration certificate of the office. The legal appraisal office may only change its address within the province where it is registered. Changing the name of a legal appraisal office must comply with the requirements specified in paragraph 5 of Article 20 of the Law on Legal Appraisal.
2. A legal appraisal office shall submit one set of application documents for changing establishment or registration, submitted directly or through postal services to the Department of Justice or the Public Service Center in the province or city where the office was established and registered, or electronically as stipulated in Article 2 of this Decree. Within three working days from the date of receiving a valid set of application documents, the Department of Justice shall issue an operation registration certificate or record the changes into the operation registration certificate of the office; if rejected, it must notify the applicant in writing with reasons.
3. The application documents for changing establishment or registration include:
a) Application form for changing establishment or registration;
b) Documents proving the proposed changes. The documents specified in item b of this paragraph are copies with originals for verification, or certified copies, or electronic original, or electronic copy from the original record, or certified electronic copy from the original.
4. A legal appraisal office that has lost or damaged its operation registration certificate may apply for a reissue.
5. A legal appraisal office that has lost or damaged its operation registration certificate as stipulated in paragraph 4 of this Article shall submit an application for reissuance, submitted directly or through postal services to the Department of Justice or the Public Service Center in the province or city where it is registered, or electronically as specified in Article 2 of this Decree. Within three working days from the date of receiving a valid set of application documents, the Department of Justice shall reissue an operation registration certificate to the legal appraisal office; if rejected, it must notify the applicant in writing with reasons.
Article 24. Notification and Publication of Registration Content for Judicial Appraisal Office
1. Within ten working days from the date of issuance or reissuance of the registration certificate, the Department of Justice shall notify in writing to the tax authority, statistical authority, provincial public security authority, and local people's committee where the judicial appraisal office is located about the content of its registration.
2. Within ten working days from the date of issuance of the registration certificate, the judicial appraisal office must publish in a central newspaper or a local newspaper or on the official website of the competent authority under the provincial people's committee managing the field of judicial appraisal or on the official website of the Department of Justice where it is registered for two consecutive issues with the following contents:
a) Name and address of the office;
b) Name of the legal representative of the office;
c) Number, date, month, year of issuance, place of registration
3. In case of issuance of the registration certificate as provided in Clause 1 of Article 23 of this Decree, the judicial appraisal office must publish changes to the registration certificate.
Article 25. Amendment and Supplement of Appraisal Scope for Judicial Appraisal Office
1. The judicial appraisal office shall submit one copy of the application directly or through postal service to the Department of Justice or provincial administrative service center where it is registered, or online as provided in Article 2 of this Decree if it wishes to amend or supplement its appraisal scope.
2. The application for amendment or supplementation of the appraisal scope includes:
a) Application form for amendment or supplementation of appraisal scope;
b) Plan for amendment or supplementation of appraisal scope, specifying human resources, physical infrastructure, equipment and means of appraisal in accordance with regulations by the competent ministry or agency managing the field of appraisal, except fields that do not require use of appraisal equipment and machinery to reach a conclusion; implementation plan consistent with the amendment or supplementation of the appraisal scope;
c) Documentation proving compliance with the conditions for operation as specified in point b of this clause. The documentation provided at point c of this clause shall be a copy accompanied by an original, certified copy, electronic original, or certified electronic copy from the original record.
3. Within twenty working days from receipt of a valid application, the Department of Justice will examine and decide to issue a registration certificate for the judicial appraisal office after reaching agreement with the competent authority under the provincial people's committee managing the field of judicial appraisal. In case of refusal, it must notify in writing and state the reasons.
Article 26. Conversion of Type of Judicial Appraisal Office
1. If a judicial appraisal office wishes to convert its type from sole proprietorship to partnership or vice versa, it shall submit one copy of the application directly or through postal service to the Department of Justice or provincial administrative service center where it is registered, or online as provided in Article 2 of this Decree.
2. The application for conversion of type includes:
a) Request for conversion of type of judicial appraisal office;
b) Plan for conversion of type, specifying reasons for the change, organizational and operational status of the judicial appraisal office up to the date of request, projected organization, name, location of the office, personnel, material conditions, equipment and means of appraisal, except fields that do not require use of appraisal equipment and machinery to reach a conclusion;
c) Decision approving the establishment plan;
d) Documentation proving compliance with the conditions for operation as specified in point b of this clause. The documentation provided at point d of this clause shall be a copy accompanied by an original, certified copy, electronic original, or certified electronic copy from the original record.
3. Within ten working days from receipt of a complete application as per paragraph 2 of this Article, the provincial Department of Justice will examine and decide to issue a registration certificate for the judicial appraisal office after conversion; in case of refusal, it must notify in writing and state the reasons.
4. The judicial appraisal office commences operations from the date of issuance of the registration certificate by the Department of Justice upon type conversion. Upon type conversion, the judicial appraisal office shall inherit all rights, obligations, and be responsible for preserving all records and documents of the previous judicial appraisal office.
Article 27. Suspension of Operations of Judicial Appraisal Office
1. The judicial appraisal office shall suspend its operations in the following cases:
a) It no longer has sufficient numbers of members as required for a partnership form of operation when the judicial appraisal office operates as a general partnership;
b) It cannot operate due to an irresistible force or objective obstacle as provided by the Civil Code.
2. The duration of suspension of operations of the judicial appraisal office is as follows:
a) In cases specified in point a of paragraph 1, it shall not exceed twelve months;
b) In cases specified in point b of paragraph 1, it is the period during which an irresistible force or objective obstacle occurs.
3. Within five working days from the date the judicial appraisal office suspends its operations or resumes operations as provided in point b of paragraph 1, the judicial appraisal office shall notify the Department of Justice at the place where it registered its operations in writing.
4. Within fifteen working days from the date the judicial appraisal office falls under the circumstances specified in paragraph 1, the Department of Justice at the place where it registered its operations shall issue a decision to suspend its operations. Within fifteen working days from the date the reasons for suspension no longer exist, the Department of Justice shall issue a decision to terminate the suspension of its operations.
Article 28. Revocation of Registration Certificate of Judicial Appraisal Office
1. The judicial appraisal office shall have its registration certificate revoked when it falls under any of the following circumstances:
a) It fails to meet the requirements specified in paragraph 4 of Article 20 of the Law on Judicial Appraisal;
b) All judicial appraisers of the judicial appraisal office are relieved of their duties as judicial appraisers;
c) It performs judicial appraisals outside its registered field;
d) It commits serious violations of the law or has been administratively punished twice and then reoffends;
e) The judicial appraisal office exceeds the suspension period specified in point a of paragraph 2 of this Decree, and the reasons for suspension still exist, except where the suspension is due to an irresistible force or objective obstacle.
2. The Department of Justice shall issue a decision to revoke the registration certificate of the judicial appraisal office within seven working days from the date it discovers any of the circumstances specified in paragraph 1.
The Department of Justice shall notify in writing, as provided in paragraph 1 of Article 24 of this Decree, the relevant agencies and organizations about the revocation of the registration certificate of the judicial appraisal office.
Article 29. Termination of Operations of Judicial Appraisal Office
1. The judicial appraisal office shall terminate its operations in any of the following cases:
a) It voluntarily terminates its operations;
b) Its registration certificate is revoked as provided in Article 28 of this Decree;
c) It undergoes merger or absorption.
2. In case of termination of operations under point a of paragraph 1, at least thirty days before the anticipated date of termination, the judicial appraisal office must submit a written report to the Department of Justice where it registered its operations. The judicial appraisal office must attach documents proving that all appraisals have been completed for cases and requests received, taxes owed have been paid in full, debts have been settled according to law, labor contracts with employees have been terminated, and notices about the anticipated date of termination have been published in two consecutive issues of a national or local newspaper. In case of termination under point c of paragraph 1, the rights and obligations of the judicial appraisal office shall be continued by the merged or absorbed judicial appraisal office. Within ten working days from receiving a complete set of valid documents, the provincial Department of Justice shall examine and decide on the termination of operations of the judicial appraisal office. Within five working days from the decision to terminate operations of the judicial appraisal office, the Department of Justice shall notify in writing about the termination to the judicial appraisal office and the relevant agencies and organizations as provided in paragraph 1 of Article 24 of this Decree.
3. In case of termination under point b of paragraph 1, within seven working days from the date the registration certificate is revoked, the Department of Justice shall notify in writing the relevant agencies and organizations as provided in paragraph 1 of Article 24 of this Decree. Within thirty days from the date the registration certificate is revoked, the judicial appraisal office must settle all debts, terminate labor contracts with employees, and publish notices about the termination in two consecutive issues of a national or local newspaper; transfer custody records related to judicial appraisals to the Department of Justice where it registered its operations. For requests received but not yet completed, the judicial appraisal office shall return the case files, subjects for appraisal, and any fees collected from the parties involved.
Article 30. Consolidation of Forensic Appraisal Offices Shall Be Organized and Operated as a Joint Stock Company
1. Two or more forensic appraisal offices may consolidate into a new forensic appraisal office (hereinafter referred to as the consolidated forensic appraisal office) by transferring all assets, rights, obligations, and legal interests to the consolidated forensic appraisal office, thereby ceasing operations of the forensic appraisal offices being consolidated.
2. The application for consolidation of a forensic appraisal office shall include the following documents:
a) Application for consolidation from the forensic appraisal office;
b) Consolidation agreement containing the following main contents: names and addresses of the offices being consolidated; name and address of the consolidated forensic appraisal office; list of joint stock appraisers at the offices being consolidated; time of implementation of consolidation; quantity and classification of appraisal cases at the offices being consolidated; plan for transferring assets from the offices being consolidated to the consolidated forensic appraisal office; labor utilization plan for the consolidated forensic appraisal office; succession of all rights, obligations, claims, and requests from the offices being consolidated; and other relevant contents.
Each office being consolidated shall appoint one joint stock appraiser as a representative to sign the consolidation agreement;
c) Tax declaration and financial reports audited in the three most recent years for each forensic appraisal office being consolidated;
d) Appraiser identification cards of the appraisers from the forensic appraisal offices being consolidated. The documents specified at points b and c of this clause shall be copies accompanied by originals for verification, certified copies or original electronic records, or electronic copies from the original register or certified electronic copies from the original document.
3. The forensic appraisal office applying for consolidation shall prepare one set of application materials in accordance with the provisions of paragraph 2 and submit them directly or through postal services to the Provincial Department of Justice or the provincial public service center where the consolidated forensic appraisal office is expected to be located, or electronically as provided in Article 2 of this Decree.
Within twenty working days from receipt of a complete application, the Provincial Department of Justice shall examine and decide on issuing an operation registration certificate for the consolidated forensic appraisal office; in case of rejection, it must notify in writing with reasons.
4. The forensic appraisal offices being consolidated may continue to operate but shall not accept new referral or requests for forensic appraisals until the consolidated forensic appraisal office is registered and operational. The consolidated forensic appraisal office shall inherit all rights, obligations, referrals, and ongoing appraisal requests from the forensic appraisal offices being consolidated and be responsible for storing all forensic appraisal files of the forensic appraisal offices being consolidated.
5. Provision of information and publication of the content of operation registration for the consolidated forensic appraisal office shall be carried out in accordance with the provisions of Article 24 of this Decree.
Article 31. Merger of Forensic Appraisal Offices Organized and Operated as a Limited Partnership Company
1. One or several forensic appraisal offices may merge into another forensic appraisal office by transferring all assets, rights, obligations, and legal interests to the merging forensic appraisal office, while simultaneously ceasing operations of the forensic appraisal office being merged.
2. The application for merger of a forensic appraisal office includes the following documents:
a) A request for merger submitted by the forensic appraisal office;
b) A merger agreement of the forensic appraisal offices, which shall include the following main contents: names and addresses of the forensic appraisal offices being merged; name and address of the receiving forensic appraisal office; list of joint venture forensic appraisers from the forensic appraisal offices being merged; quantity and classification of forensic appraisal files from the forensic appraisal offices being merged; time for merger implementation; labor utilization plan for the receiving forensic appraisal office; asset transfer plan from the forensic appraisal offices being merged to the receiving forensic appraisal office; succession of all rights, obligations, and legal interests of the forensic appraisal offices being merged; and other relevant contents. Each forensic appraisal office being merged and receiving the merger shall appoint one joint venture forensic appraiser as a representative to sign the merger agreement;
c) Tax declaration and financial reports for the three most recent years that have been audited by the forensic appraisal offices being merged;
d) Forensic appraiser identification cards of the forensic appraisers from the forensic appraisal offices being merged.
The documents specified in points b and c of this clause shall be copies accompanied by originals for verification, or certified copies, or electronic originals, or electronic copies from the original register, or certified electronic copies from the original document.
3. The forensic appraisal office requesting merger shall prepare one set of application materials as prescribed in paragraph 2 of this Article and submit it directly or through postal services to the Provincial Department of Justice or the provincial public service center where the receiving forensic appraisal office is located, or electronically according to the provisions of Paragraph 2 of this Decree.
Within twenty working days from the date of receipt of a complete application, the Provincial Department of Justice shall examine and decide on issuing an operation registration certificate for the forensic appraisal office; in case of rejection, it must notify in writing and specify the reasons.
4. The forensic appraisal offices being merged may continue to operate but shall not accept new referral requests or new forensic appraisals until the receiving forensic appraisal office has changed its registered content. The receiving forensic appraisal office shall inherit all rights, obligations, and pending forensic appraisal requests from the forensic appraisal offices being merged and bear responsibility for storing all files of the forensic appraisal offices being merged.
5. The provision of information and publication of the operation registration content of the receiving forensic appraisal office is carried out in accordance with the provisions of Article 24 of this Decree.
Chapter IV
MANAGEMENT OF SUBJECTS FOR LEGAL MEDICAL AND PSYCHIATRIC EXAMINATION,
LEGAL MEDICAL AND PSYCHIATRIC EXAMINATION BOARD
Article 32. Management of subjects for legal medical and psychiatric examination, which are human beings
1. Where it is necessary to continuously retain the subject for observation and evaluation for more than 24 hours at a forensic examination organization, the person who requests the forensic examination shall hand over the subject for legal medical or psychiatric examination to the forensic examination organization in accordance with the provisions of Clause 2 of Article 29 of the Forensic Examination Law and specific regulations by the Minister of Health.
2. After receiving the subject, the forensic examination organization is responsible for managing the administrative and professional aspects of the legal medical or psychiatric examination subject and ensuring the necessary facilities and technical infrastructure to carry out the examination, as well as arranging safety and security measures for the specialized forces as stipulated in Clause 3 of this Article according to regulations by the Minister of Health.
The person requesting forensic examination during criminal proceedings shall be responsible for coordinating with the specialized forces specified in Clause 3 of this Article to implement measures ensuring safety and security throughout the examination process; receiving the subject back after the observation and evaluation have been completed.
3. For criminal cases or incidents where competent authorities within the People's Public Security Forces request forensic examinations, the public security organ shall assign specialized forces to ensure the safety and security of the forensic psychiatric examination activities, escorting and guarding the subject during medical examinations for other specialties outside the forensic examination organization; preventing and tracking down subjects who may escape from the examination facility (if applicable). In cases where competent authorities within the People's Public Security Forces do not request the forensic examination or when necessary, the person requesting the examination shall coordinate with the public security organ to assign specialized forces to perform this task.
4. The person requesting a psychiatric examination is responsible for overseeing and managing the subject requiring examination and receiving the subject back after observation and evaluation have been completed in accordance with regulations by the Minister of Health, except when the person requesting the examination is the subject themselves.
Article 33. Structure of the Forensic Examination Board
1. The Forensic Examination Board shall be organized with a structure comprising the Chairman, members, and secretary. The roles of the members are as follows:
a) The Chairman is responsible for overseeing the overall operations of the Board;
b) Members conduct independent professional evaluations and participate in voting on examination conclusions;
c) The Secretary performs consolidation work, prepares minutes, and ensures conditions to support the activities of the Board.
2. The Forensic Examination Board may use a seal from the competent authority where the Chairman works during the performance of forensic examination tasks.
Article 34. Principles of Operation of the Judicial Appraisal Council
1. The Judicial Appraisal Council shall operate in the following forms:
a) Actively studying files, documents;
b) Holding meetings of the Judicial Appraisal Council.
2. Active study of files and documents is carried out as follows:
a) Each member of the Council studies the file, documents, samples, and subject matter to be appraised based on their assigned field of expertise;
b) The results of each member's research and evaluation serve as the basis for discussion and consideration by the Council in reaching an appraisal conclusion.
3. Holding meetings of the Judicial Appraisal Council is conducted according to the following provisions:
a) The Judicial Appraisal Council may hold one or more sessions depending on the nature and complexity of the subject matter to be appraised;
b) A session of the Council shall be convened when at least two-thirds of the total number of members are present;
c) The Judicial Appraisal Council discusses collectively, reaches a conclusion based on the professional opinions of its members, and is responsible before the law for the appraisal conclusion;
d) The content discussed during the session shall be recorded in writing with signatures of the members who attended the session.
4. The Judicial Appraisal Council concludes an appraisal according to the following principles:
a) The Judicial Appraisal Council adopts the appraisal conclusion based on the synthesis of professional opinions from its members; the conclusion is determined by the opinion of the majority of members involved in the appraisal;
b) In case a member has an opinion different from the general conclusion, they may reserve their opinion; such reserved opinion must be reflected in the appraisal report and form part of the appraisal conclusion.
Chapter V
JUDICIAL APPRAISAL EXPENSES, ORGANIZATIONAL MECHANISM,
POLICY FOR PERSONNEL AND ORGANIZATION OF JUDICIAL APRAISAL
Article 35. Judicial Appraisal Expenses
1. For fields of judicial appraisal where public judicial appraisal institutions are organized, the budgeting, settlement, and final accounting of judicial appraisal expenses shall be based on the cost standards for judicial appraisals set by the competent professional department managing that field of appraisal and in accordance with actual requirements.
For other fields of judicial appraisal, the calculation, budgeting, settlement, and final accounting of judicial appraisal expenses shall be based on actual incurred costs, provisions of laws on litigation costs, and relevant laws. In cases where necessary, the competent professional department managing that field of appraisal may set cost standards for judicial appraisals or provide guidance on applying specialized cost standards as a basis for calculating, budgeting, settling, and final accounting of judicial appraisal expenses in that field.
2. For public judicial appraisal institutions not being public sector units funded by the state budget performing judicial appraisals at the request of the party requesting judicial appraisal, the advance payment and settlement of judicial appraisal expenses shall be based on the cost standards for judicial appraisals set by the competent professional department managing that field of appraisal and in accordance with laws on the state budget.
For public sector units funded by the state budget performing judicial appraisals at the request of the party requesting judicial appraisal, the advance payment and settlement of judicial appraisal expenses shall be based on actual incurred costs, provisions of laws on litigation costs, relevant laws, or cost standards for judicial appraisals or guidance on applying specialized cost standards as a basis for calculating, budgeting, settling, and final accounting of judicial appraisal expenses in that field (if applicable) and the state budget law.
3. Based on the framework price for non-litigation judicial appraisal services issued by professional departments under the Ministry responsible for the field of judicial appraisal according to the provisions of the Law on Prices, public sector judicial appraisal institutions as public sector units and their offices may determine specific service fee prices for non-litigation judicial appraisals provided by them and must publish and notify organizations and individuals requesting appraisals.
4. For contents regarding judicial appraisal expenses not specified in this Law on Judicial Appraisal and this Decree, they shall be carried out in accordance with the provisions of laws on litigation costs.
Article 36. Special and Superior Support Policies for Judicial Appraisers
1. Judicial appraisers who work in fields or specialties with hazardous, harmful characteristics, making it difficult to attract participation in judicial appraisal activities shall receive special and superior support policies as prescribed by law.
2. Participants in legal medicine and forensic psychiatry training and refresher courses are exempted from or have their tuition fees reduced according to the provisions of Decree No. 238/2025/NĐ-CP on tuition fee policies, exemptions, reductions, and support for tuition fees, living expenses, and service costs in the education and training sector.
3. Individuals or organizations that have outstanding achievements in performing judicial appraisal tasks may be honored and commended by the Minister, head of a department at the same level, an agency under the Government, the Chairperson of a People's Committee of a province or city, or another competent authority.
4. Civil servants, public officials; officers, non-commissioned officers, soldiers; professional military personnel, workers, civil servants in military agencies; and workers in police agencies who complete their judicial appraisal tasks well may be given priority in job assignments, career development, and in planning, training, appointment, or reappointment.
Article 37. Engagement of External Experts and Professional Organizations for Judicial Appraisal Activities
1. In cases where a judicial appraisal task involves complex, specialized content with special characteristics that are difficult to staff, the public judicial appraisal organization may engage external experts and professional organizations outside the state sector to perform such tasks.
2. The engagement is carried out in accordance with Decree No. 173/2025/NĐ-CP on contracts for performing civil servant duties, ensuring that it is commensurate with their professional level, nature, volume of work, and aligns with the budgetary capacity and allocated funds.
3. The cost of engagement is guaranteed from state funds, judicial appraisal costs, or other lawful financial sources as prescribed by law.
Chapter VI
STATE MANAGEMENT OF JUDICIAL APPRAISAL
Article 38. Content of State Management
1. Issuance and implementation of legal regulatory documents on judicial appraisal.
2. Promotion, dissemination, education, training, scientific research, technology development, international cooperation in the field of judicial appraisal.
3. Establishment of public judicial appraisal organizations; establishment and registration of forensic appraisal offices.
4. Appointment, removal, reappointment, issuance, revocation, or renewal of forensic appraiser cards; recognition, cancellation of recognition for judicial appraisers based on cases or organizations; compilation, publication, and updating of lists of judicial appraisers and appraisal organizations.
5. Ensuring funding, equipment, appraisal tools, and material conditions for the activities of state agencies and units in judicial appraisal.
6. Training legal knowledge and professional skills for judicial appraisers.
7. Management, supervision of the receipt, implementation of judicial appraisals; provision and management of non-litigious forensic appraisal services by public judicial appraisal organizations as public sector entities.
8. Statistical analysis and evaluation of judicial appraisal activities.
9. Honoring and commending judicial appraisers and appraisal organizations with outstanding achievements in judicial appraisal activities.
10. Inspection, supervision, monitoring, follow-up, and assessment of compliance with legal provisions on judicial appraisal and handling of violations related to judicial appraisal.
11. Review and summary of judicial appraisal work.
Article 39. Tasks and Powers of the Ministry of Justice
1. Issue or submit to an authority with jurisdiction for issuance legal documents on judicial appraisal and guide their implementation.
Take the lead in developing, submitting to the Prime Minister a national strategy and plan for judicial appraisals; cooperate with ministries and agencies at the same level in formulating strategies and plans according to each field of judicial appraisals.
2. Develop a framework program and content for legal knowledge training for judicial appraisers; collaborate with ministries and agencies at the same level in organizing legal knowledge training for judicial appraisers.
3. Manage the unified list of judicial appraisers, organize judicial appraisals on the Ministry of Justice's electronic information portal.
4. Monitor and urge the implementation of state management tasks related to judicial appraisals by ministries, agencies at the same level, and provincial people's committees; request, compile reports on organizational activities, management of judicial appraisals by ministries, agencies at the same level, and provincial people's committees, and report to the Government on national judicial appraisal organization and operations.
5. Inspect the organization, operation, and management of judicial appraisals in ministries, agencies at the same level, government agencies, and provincial people's committees.
6. Manage state affairs related to international cooperation in judicial appraisals.
7. Summarize and evaluate national judicial appraisal work.
Article 40. Tasks and Powers of Ministries, Agencies at the Same Level, Government Departments
1. Ministries and agencies at the same level manage professional matters related to the field of judicial appraisals with the following tasks and powers:
a) Issue or submit to an authority with jurisdiction for issuance legal documents on judicial appraisals in the field of appraisal under their management authority and guide their implementation;
b) Develop procedures for appraisals, professional standards or guidance in the field of judicial appraisals; specify time limits for each type of appraisal within the professional scope under their management authority;
c) Take the lead and cooperate with the Ministry of Justice in deciding to establish, strengthen, and perfect public judicial appraisal organizations under their management authority according to the provisions of the Judicial Appraisal Law and this Decree;
d) Appoint, remove from office, reappoint, issue identification cards, revoke identification cards, reissue identification cards for judicial appraisers according to their authority; recognize or cancel recognition of judicial appraisers based on specific cases or organizations conducting judicial appraisals; review, publish, and update the list of judicial appraisers and appraisal organizations on the electronic information portal of their own agency, while updating it in the unified list of judicial appraisers and appraisal organizations on the Ministry of Justice's electronic information portal;
d) Bear responsibility before the Government and the Prime Minister for ensuring the quantity and quality of activities of judicial appraisers and appraisal organizations; ensure funding, equipment, appraisal tools, and other necessary material conditions for individuals and organizations conducting appraisals under their management authority;
e) Specify conditions regarding physical infrastructure, appraisal equipment, and appraisal tools for office appraisals and case-specific appraisal organizations in the professional field under their management authority, except for fields of appraisal that do not require use of appraisal equipment or machinery to reach a conclusion;
g) Develop programs and content for business training in judicial appraisals in the professional field under their management authority; organize legal knowledge and business training for judicial appraisers in the professional field under their management authority;
h) Inspect the organization, operation of judicial appraisals in the professional field under their management authority; handle complaints and reports regarding the organization and operation of judicial appraisals within their jurisdiction, except for complaints and reports related to mediation, requests for appraisal, evaluation, or use of appraisal conclusions that fall under the responsibility of the competent investigative authority; cooperate with provincial people's committees in inspecting the activities of office appraisals in various professional fields and areas under their management authority at the local level.
Conduct inspections on the organization and operation of judicial appraisals in the professional field under their management authority according to the law on inspection;
i) Engage in international cooperation in judicial appraisals in the professional field under their management authority;
k) Prepare budgets and request authorities with jurisdiction to allocate funding to ensure payment for appraisal costs in accordance with regulations;
1) Annually, conduct statistics and evaluations of organizational activities and management of judicial appraisals in the professional field under their management authority nationwide; promptly honor and commend individuals and organizations conducting judicial appraisals who have outstanding achievements in judicial appraisal activities;
m) Before December 31 each year, summarize work on judicial appraisals in the professional field under their management authority and submit reports to the Ministry of Justice for compilation and reporting to the Government.
2. Government departments shall perform the following tasks and powers:
a) Develop appraisal procedures and professional standards for appraisal activities requested by ministries and agencies at the same level managing professional matters related to judicial appraisals, which they are authorized to issue;
b) Tasks and powers specified in points d, đ, g, k, l, and m of this paragraph.
Article 41. Tasks and Authorities of the Ministry of Health, Ministry of Public Security, Ministry of Defense
1. The Ministry of Health has tasks and authorities as provided in Article 40 of this Decree and the following tasks and authorities:
a) Managing state affairs related to forensic medicine and psychiatric forensic;
b) Issuing procedures for forensic examination, professional standards or guidelines on expertise within the fields of forensic medicine and psychiatric forensic;
c) Specifying criteria for forensic examiners in forensic medicine and psychiatric forensic;
d) Organizing training in legal knowledge and expertise in forensic medicine and psychiatric forensic in accordance with point c, clause 1, Article 10 of the Law on Expertise; specifying agencies or organizations responsible for conducting such training, content, duration to issue certificates of legal knowledge and expertise in forensic medicine and psychiatric forensic;
d) Strengthening, perfecting, ensuring necessary conditions for the organization and operation of public sector forensic examination institutions under the Ministry of Health in the fields of forensic medicine and psychiatric forensic; guiding on organizational structure and machinery of provincial forensic centers according to the provisions of the Law on Expertise and this Decree;
e) Developing criteria for evaluating the quality of operations of public sector forensic examination institutions under its management authority;
g) Developing a regular allowance system for personnel conducting forensic examinations at public sector forensic examination institutions in the field of medical forensic, to be submitted to competent authorities for issuance; monitoring, summarizing and reporting to the Prime Minister on the implementation of remuneration policies and benefits for personnel conducting forensic examinations at public sector forensic examination institutions in the fields of forensic medicine and psychiatric forensic;
h) Coordinating with the Ministry of Public Security and the Ministry of Defense to inspect activities related to forensic medicine within the police force and military; coordinating with provincial people's committees to inspect the operations of forensic offices under their jurisdiction.
2. The Ministry of Public Security has tasks and authorities as provided in Article 40 of this Decree and the following tasks and authorities:
a) Managing state affairs related to criminal technical examination;
b) Issuing procedures for forensic examination, professional standards or guidelines on expertise within the fields of criminal technical examination;
c) Specifying criteria for criminal technical examiners;
d) Coordinating with the Ministry of Health and relevant ministries and agencies to issue documents on mechanisms for coordination, cooperation in referral, receiving referrals, and conducting forensic examinations in the field of medical forensic;
d) Organizing training in legal knowledge and expertise in criminal technical examination according to point c, clause 1, Article 10 of the Law on Expertise; specifying agencies or organizations responsible for conducting such training, content, duration to issue certificates of legal knowledge and expertise in criminal technical examination;
e) Strengthening, perfecting organization and operation of the Criminal Science Institute under the Ministry of Public Security and the Criminal Technical Department of provincial public security bureaus according to the provisions of the Law on Expertise and this Decree;
g) Developing criteria for evaluating the quality of operations of public sector forensic examination institutions under its management authority;
h) Monitoring, urging, summarizing and reporting to the Prime Minister on the implementation of remuneration policies and benefits for personnel conducting forensic examinations at public sector forensic examination institutions in the police force;
i) Coordinating with the Ministry of Defense to inspect and supervise activities related to criminal technical examination within the military; coordinating with the Supreme People's Procuratorate to inspect activities related to criminal technical examination within procuratorial organs; coordinating with provincial people's committees to inspect the operations of forensic offices under their jurisdiction in various fields;
k) Conducting annual statistics on referrals, requests for forensic examinations, evaluating the implementation of forensic examinations and utilization of forensic examination conclusions, needs for forensic examinations within the system of investigative agencies under its management authority;
1) Guiding investigative agencies under its management to apply legal provisions related to referral and evaluation, use of forensic examination conclusions;
m) Ensuring funding, preparing budgets and requesting competent authorities to allocate funds; in case allocated funds are insufficient, prepare supplementary budget, simultaneously guiding payment of forensic examination costs within the system of investigative agencies under its management authority according to clause 4, Article 40 of the Law on Expertise and state financial laws;
n) Based on the special nature of the field of expertise, the Minister of Public Security shall specify job titles, rank levels for personnel conducting forensic examinations in public sector forensic examination institutions within the police force;
o) Annually summarizing and submitting reports to the Ministry of Justice, simultaneously sending relevant ministries and agencies on the situation of referrals, evaluation of implementation of forensic examinations and utilization of forensic examination conclusions, needs for forensic examinations within the system of investigative agencies under its management authority.
3. The Ministry of Defense has tasks and authorities as provided in Article 40 of this Decree and the following tasks and authorities:
a) Conducting annual statistics on referrals, requests for forensic examinations, evaluating the implementation of forensic examinations and utilization of forensic examination conclusions, needs for forensic examinations within the system of investigative agencies and investigative bodies assigned to perform certain investigative activities under its management authority;
b) Guiding investigative agencies and investigative bodies assigned to perform certain investigative activities under its management authority in applying legal provisions related to referral and evaluation, use of forensic examination conclusions.
c) Ensuring funding, preparing the budget and requesting the competent authority to allocate funds; in case the allocated funds are insufficient, preparing a supplementary budget, while simultaneously guiding the payment of forensic expert fees within the investigative agencies and organizations assigned to perform some investigative activities according to the provisions of Clause 4, Article 40 of the Forensic Expertise Law and the laws on state budget;
d) Strengthening and perfecting the organization and operation of public forensic expertise institutions in the field of medical law and criminal technical fields under the Ministry of National Defense in accordance with the provisions of the Forensic Expertise Law and this Decree;
đ) Establishing criteria for evaluating the quality of operations of public forensic expertise institutions under its management;
e) Based on the special nature of the forensic expertise field, the Minister of National Defense shall specify the positions, ranks, and grades of personnel engaged in forensic expertise within the forensic expertise institutions of the People's Armed Forces according to the provisions of the Forensic Expertise Law and this Decree;
g) Annually, summarizing and submitting reports to the Ministry of Justice, while simultaneously sending such reports to relevant ministries and agencies regarding the situation of coordination in forensic expertise, evaluating the implementation of forensic expertise and utilization of forensic expertise conclusions, as well as the needs for forensic expertise within the investigative agencies under its management;
Article 42. Tasks and Authorities of People's Committees of Provinces and Municipalities
1. Establishing public forensic expertise organizations.
2. Appointing, dismissing, reappointing, issuing identification cards, revoking identification cards, reissuing identification cards to forensic experts according to their authority; recognizing or canceling the recognition of forensic experts based on specific cases and local forensic expertise institutions; reviewing, publishing, and updating the list of forensic experts and forensic expertise institutions on the People's Committee website of provinces and municipalities, while simultaneously updating such lists in the unified list of forensic experts and forensic expertise institutions on the Ministry of Justice website.
3. Ensuring funding, equipment, forensic examination tools, and other necessary material conditions for individuals and organizations engaged in public forensic expertise under its management; strengthening and perfecting the organization and operation of public forensic expertise institutions in the field of medical law within the provincial health department according to the provisions of the Forensic Expertise Law, this Decree, and relevant laws.
4. Organizing or coordinating training on legal knowledge and forensic expertise procedures for local forensic experts based on actual needs and practical capabilities.
5. Annually, conducting statistics and evaluating the organization, operation, and management of forensic expertise in the province; promptly commending and rewarding individuals and organizations engaged in forensic expertise with outstanding achievements, and reporting results to the Ministry of Justice.
6. Inspecting, auditing, and resolving complaints and reports regarding forensic expertise within its authority, except for complaints and reports related to coordination, requests for expertise, evaluation, or utilization of forensic expertise conclusions which fall under the jurisdiction of the competent investigative authorities; cooperating with the Ministry of Justice in inspecting the organization and operation of forensic expertise.
7. Ensuring funding for payment of forensic expertise fees.
8. Reporting to the Ministry of Justice on the organization, operation of forensic expertise in the province, while simultaneously sending such reports to relevant ministries and agencies to fulfill their national management tasks as specified in Articles 39, 40, and 41 of this Decree.
Article 43. Duties and Powers of the Department of Justice
1. The Department of Justice shall assist the People's Committee of the province or city in managing state affairs related to judicial appraisal at the local level.
2. The Department of Justice has the following duties and powers:
a) Approve the establishment plan and register the operation of judicial appraisal offices;
b) Organize or cooperate in organizing training on legal knowledge and judicial appraisal skills for local officials;
c) Cooperate with the Department of Health to develop a proposal for the People's Committee of the province or city to establish, strengthen, and improve the provincial forensic center;
d) Cooperate with specialized agencies under the People's Committee of the province or city in managing judicial appraisal matters related to proposing appointments, dismissals, reappointments of judicial appraisers at the local level; recognizing, canceling recognition of judicial appraisers based on cases, and organizing judicial appraisals for specific cases;
d) Annually, conduct statistics and evaluations on the organization, operation, and management of judicial appraisal in the locality; propose solutions to the People's Committee of the province or city to ensure the quantity and quality of the judicial appraiser team that meets the needs of local litigation activities;
e) Examine and handle complaints and reports related to judicial appraisal within its jurisdiction;
g) Review and update the list of judicial appraisers and forensic organizations in the locality into the unified list of judicial appraisers and forensic organizations on the Ministry of Justice's electronic portal;
h) Report to the Ministry of Justice and the People's Committee of the province or city on the organization, operation of judicial appraisal in the locality according to the reporting system for administrative agencies and periodic reporting systems under the jurisdiction of the Ministry of Justice.
Article 44. Duties and Powers of Specialized Agencies Under the People's Committee of the Province or City
1. Specialized agencies under the People's Committee of the province or city manage judicial appraisal matters, are responsible to the People's Committee for the organization and operation of judicial appraisals within their jurisdiction; cooperate with the Department of Justice in assisting the People's Committee in managing state affairs related to judicial appraisal at the local level; assign a unit as the liaison office for managing judicial appraisal work under its jurisdiction.
2. Specialized agencies under the People's Committee of the province or city have the following duties and powers:
a) Request the Chairman of the People's Committee of the province or city to appoint, dismiss, reappoint, issue, revoke, or replace judicial appraiser cards; recognize, cancel recognition of judicial appraisers based on cases, and organize judicial appraisals for specific cases;
b) Prepare budget estimates for the operation of public judicial appraisal organizations under its jurisdiction; prepare budgets for payment of appraisal costs;
c) Organize or cooperate in organizing training on legal knowledge and judicial appraisal skills for local judicial appraisers;
d) Take the lead or cooperate with the Department of Justice in inspecting judicial appraisals; handle complaints and reports within its jurisdiction;
d) Cooperate with the Department of Justice in approving establishment plans and registering operations of judicial appraisal offices under its jurisdiction;
e) Cooperate with the Department of Justice in conducting annual statistics and evaluations on the organization, operation, and management of judicial appraisals; review and update local judicial appraisers and forensic organizations into the unified list on the Ministry of Justice's electronic portal;
g) Annually, report to the competent ministry or agency managing the specialized field of judicial appraisal and the People's Committee of the province or city on the organization and operation of judicial appraisals under its jurisdiction; simultaneously send reports to the Department of Justice for consolidation; implement reward and punishment systems according to legal provisions;
h) In addition to the duties and powers specified in points a, b, c, d, and g of this paragraph, the Department of Health shall be responsible for taking the lead and cooperating with the Department of Justice in proposing the establishment, strengthening, and improvement of the Forensic Center under the Department of Health at the provincial or city level to the Chairman of the People's Committee.
Article 45. Responsibilities of the Provincial and Municipal Public Security Bureaus
1. To carry out statistics on mediation, request forensic examination, evaluate, and utilize forensic examination conclusions in investigative activities within their local jurisdictional authority as prescribed by the Ministry of Public Security.
2. Annually, to summarize and report to the Ministry of Public Security on the status of mediation, requests for judicial forensic examinations, evaluation of the implementation of judicial forensic examinations and utilization of forensic examination conclusions, forecast the demand for judicial forensic examinations within their jurisdictional authority, and send to the Department of Justice.
Chapter VII
CONDITIONS FOR IMPLEMENTATION
Article 46. Effective Date of Implementation
1. This Decree shall come into effect from May 1, 2026.
Decree No. 85/2013/NĐ-CP dated July 29, 2013 by the Government on detailed provisions and measures for implementing the Law on Judicial Appraisal; Decree No. 157/2020/NĐ-CP dated December 31, 2020 amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 by the Government on detailed provisions and measures for implementing the Law on Judicial Appraisal; Circular No. 11/2020/TT-BTP dated December 31, 2020 by the Minister of Justice on the format, procedures, and processes for issuing new or renewing judicial appraiser cards shall cease to be effective from the date this Decree comes into effect.
2. In case any legal documents cited in this Decree are amended, supplemented, or replaced, such provisions shall apply according to the amended, supplemented, or replaced document.
3. Where there is a change in position, functions, and duties of an agency under the Government, that agency shall implement the appointment, reappointment, or removal of judicial appraisers, issuance, renewal, or revocation of judicial appraiser cards, recognition, or cancellation of recognition of judicial appraisers, and management of judicial appraisal organizations according to this Decree after obtaining approval from the competent authority.
Article 47. Implementation Responsibilities
1. The Minister of Justice shall be responsible for organizing the implementation of this Decree.
2. The Minister of each agency at the same level, Chairpersons of People's Committees of provinces and municipalities are responsible for implementing this Decree.
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Place of Receipt : -Central Committee of the Communist Party of Vietnam -Prime Minister, Deputy Prime Ministers; -Ministries and agencies at the same level; -People's Councils and People's Committees of provinces and municipalities; -Office of the Central Committee and its departments; -Office of the General Secretary; -Office of the President; -Ethnic Affairs Committee and other committees of the National Assembly; -Office of the National Assembly; -Supreme People's Court; -Supreme People's Procuratorate; -Auditor General; -Central Committee of the Vietnam Fatherland Front; -Central agencies of political and social organizations; -Office of the Government: Office of the Chairman, Deputy Chairmen, General Department of Information and Communication, various Departments, units directly under the Office, Official Gazette; -CC: VT, PL (2b) - 66 |
MINISTRY OF GOVERNMENT AFFAIRS CHIEF OF STAFF DEPUTY CHIEFS OF STAFF
Le Trinh Chau |
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