Decree No. 21/2026/TT-BGDĐT on forensic appraisal in the field of education and training

CIRCULAR

Regulations on Judicial Appraisal in the Field of Education and Training

Based on Law on Education No. 43/2019/QH14 amended and supplemented by Law No. 123/2025/QH15;

Based on Law on Vocational Education No. 124/2025/QH15;

Based on Law on Higher Education No. 125/2025/QH15;

Based on Law on Judicial Appraisal No. 105/2025/QH15; Based on Decree No. 37/2025/NĐ-CP dated February 26, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

In accordance with the proposal by the Director of the Legal Affairs Department;

The Minister of Education and Training promulgates this Circular regulating judicial appraisal in the field of education and training.

Chapter I

GENERAL PROVISIONS
Article 1. Scope of Application

This Circular regulates judicial appraisals in the field of education and training, including: professional standards for judicial appraisers; conditions for organizations conducting judicial appraisals on a case-by-case basis; list of judicial appraisals; procedures and formalities for requesting and conducting judicial appraisals; time limits for judicial appraisals for each type of matter; components of the appraisal file for each type of appraisal, and storage regulations for appraisal files.

Article 2. Applicability

This Circular applies to entities, organizations, and individuals participating or related to judicial appraisal activities in the field of education and training.

Article 3. List of Judicial Appraisals in the Field of Education and Training

The list of judicial appraisals in the field of education and training includes the following types of matters: educational programs, educational content; textbooks, teaching materials, reference documents; examinations, assessments, admissions, training, and certificates; teachers, educational management staff, administrative personnel at educational institutions, support staff for education, and other personnel; management of students; ensuring educational quality; quality assessment of education and other specialized subjects as stipulated by law.

Article 4. Time Limits for Judicial Appraisals in the Field of Education and Training

1. The time limits for judicial appraisals in the field of education and training are carried out according to the provisions of Article 30 of the Law on Judicial Appraisal.

2. The maximum time limit for judicial appraisals as provided in Article 3 of this Circular is two months.

In cases where the matter being appraised has a complex nature or involves a large volume of work, the maximum time limit is three months.

In cases where the matter being appraised has an exceptionally complex nature or involves an exceptionally large volume of work, the maximum time limit is four months.

Chapter II

JUDICIAL APPRAISERS AND ORGANIZATIONS CONDUCTING JUDICIAL APPEALS FOR CASES IN THE FIELD OF EDUCATION AND TRAINING
Article 5. Professional Standards for Judicial Appraisers 1. Possess a university degree or higher in a relevant field of study.

2. Have at least five years of professional experience in the field of education and training from the date of recruitment or commencement of work, consistent with the scope of judicial appraisals specified in Article 3 of this Circular.

3. Have completed a course on legal knowledge and appraisal procedures organized by an authorized agency.

2. Has a minimum of five years of professional practice in the field of training from the date of recruitment or commencement of work, consistent with the scope of judicial appraisal matters specified in Clause 3 of this Circular.

3. Has undergone legal knowledge and forensic appraisal professional training organized by an authority with such competence.

Article 6. Conditions for Recognizing Judicial Appraisal Organizations Based on Matters

1. Has legal personality.

2. Has functions, tasks, and authority in the field of specialized or professional expertise that is consistent with the content requested for appraisal within the education and training sector.

3. Has been operating in the field of specialized or professional expertise from at least five years to the present, which is relevant to the content requested for appraisal within the education and training sector.

4. Has a team of professional staff that meets the standards specified in Clause 1, Article 10 of the Judicial Appraisal Law and Article 5 of this Circular.

5. Has a stable workplace; has specialized equipment, tools, and software (if any) for analyzing and evaluating the content of the appraisal; has a system for preserving and storing appraisal files that ensures safety and confidentiality in accordance with regulations.

Chapter III
PROCEDURE AND PROCEDURAL ISSUES FOR RECEIVING REQUESTS FOR APPEALS AND IMPLEMENTING APPRAISAL; DOCUMENTATION OF EACH TYPE OF APPEAL AND STORAGE REGIME FOR JUDICIAL APPEAL FILES IN THE EDUCATION AND TRAINING FIELD Article 7. Receipt of Requests for Judicial Appraisal 1. The receipt of requests for judicial appraisal in the education and training sector must be consistent with the scope of authority managed by the agency or organization as stipulated by law.

2. In cases where a request for judicial appraisal is submitted to the Ministry of Education and Training

a) The procedure and process for receiving requests for judicial appraisal shall follow the procedures for receiving documents and electronic data from agencies, organizations, and individuals sent to the Ministry of Education and Training as specified in the Document Management Regulations of the Ministry of Education and Training;

b) The Legal Affairs Department is responsible for selecting and proposing to the Minister to assign tasks to units that are appropriate for the content requested for appraisal; in cases where the content requested for appraisal involves multiple units, it shall clearly propose which unit will take the lead and which units will cooperate in advising on the receipt of requests for judicial appraisal;

c) The unit assigned with the task is responsible for coordinating and cooperating with relevant units to study and advise specifically on the receipt of requests for judicial appraisal; if receiving a request for judicial appraisal, it must attach a draft document appointing the appraiser.

3. In cases where a request for judicial appraisal is submitted to an entity under the Ministry of Education and Training or a judicial appraisal organization based on matters

Based on the content of the request for judicial appraisal, the head of the assigned unit or the head of the judicial appraisal organization based on matters shall assign the appropriate appraiser for the content requested for appraisal.

4. In cases where a specific request for judicial appraisal is made, the appraiser shall receive and report to the head of the agency, unit, or supervising organization, creating conditions for the implementation of the appraisal.

5. The direct transfer and receipt of the requested documents or subjects must be recorded in writing according to the provisions of Clause 2, Article 29 of the Judicial Appraisal Law.

6. Agencies, units, organizations, and individuals specified in Clauses 2, 3, and 4 of this article have the right to refuse receipt and implementation of judicial appraisals under circumstances stipulated in Article 38 of the Judicial Appraisal Law or where the content requested for appraisal does not fall within the scope of judicial appraisals in the education and training sector as specified in Article 3 of this Circular. Refusal must be made in writing and the reasons for refusal must be stated.

3. Has completed a legal knowledge and judicial appraisal vocational training course organized by an authorized agency.

6. The authorities, units, organizations, or individuals specified in Clauses 2, 3, and 4 of this Article may refuse to accept or perform forensic appraisals in the circumstances prescribed in Article 38 of the Forensic Appraisal Law or where the content of the request for appraisal does not fall within the scope of forensic appraisals in the field of education and training as specified in Circular 3. Refusal to accept or perform the appraisal must be in writing and specify the reasons for refusal.

Article 8. Preparation for Judicial Appraisal

1. Study of relevant files, information, documents, and objects (if any) related to the judicial appraisal matter.

2. In case additional relevant files or documents are needed for the content of the judicial appraisal, request the person who requested the appraisal to provide additional information or documents.

3. The individual or organization conducting the judicial appraisal shall prepare a file requesting advance payment of the judicial appraisal expenses in accordance with the provisions of the Government.

Article 9. Implementation of Judicial Appraisal

1. The implementation of judicial appraisals in the field of education and training is carried out as follows:

a) Carefully study, analyze the files, objects to be appraised, and the provided documents and information;

b) Clearly identify the subject matter and professional content that need to be examined and evaluated;

c) Conduct surveys or verifications of issues related that the person who requested the appraisal cannot provide documentation or information about (if applicable);

d) Compare, contrast the issue or object to be appraised with relevant professional standards for such an issue or object;

d) Provide comments, evaluations, and specific professional opinions on the issue or object to be appraised as requested by the person who requested the appraisal;

e) Prepare and issue a judicial appraisal conclusion;

g) Establish a file for the judicial appraisal.

2. During the implementation of the appraisal, if new content or other issues arise, the individual or organization conducting the appraisal shall immediately notify in writing the person who requested the appraisal and agree on a solution strategy.

3. The person conducting the appraisal must document the entire process of implementing the judicial appraisal in accordance with the provisions of Article 34 of the Judicial Appraisal Law.

Article 10. Conclusion of Judicial Appraisal

1. The conclusion of a judicial appraisal in the field of education and training is prepared according to Model No. 1 and Model No. 2 specified in the annex to this Circular.

2. In cases where the judicial appraiser was directly requested, the conclusion of the judicial appraisal must bear the signature and full name of the judicial appraiser. If an organization is required to dispatch a judicial appraiser, the conclusion of the judicial appraisal must bear the signature, full name of the judicial appraiser, as well as the confirmation of the organization's signature.

3. In cases where the Ministry of Education and Training or a unit under its jurisdiction or an educational and training judicial appraisal institution is requested to conduct an appraisal on a specific matter, in addition to the signatures and full names of the appraiser and the head of the agency, unit, or organization, they must also sign their names and affix the seal on the conclusion of the judicial appraisal. The agency, unit, or organization requesting the appraisal shall be responsible for the judicial appraisal conclusion.

For requests for judicial appraisals sent to the Ministry of Education and Training, the Minister of Education and Training delegates authority to the head of the relevant unit to sign the conclusion of the judicial appraisal on his behalf and affix the seal of the Ministry of Education and Training.

4. In cases where a panel conducts the judicial appraisal, the Minister of Education and Training delegates authority to the head of the relevant unit to sign the conclusion of the judicial appraisal.

5. Upon completion of the judicial appraisal report, the organization or individual conducting the judicial appraisal, as well as the panel, shall prepare a file requesting payment for the implementation of the judicial appraisal in accordance with the provisions of the law on judicial appraisal expenses.

Article 11. Components of the File for Each Type of Judicial Appraisal and Storage Regulations for Judicial Appraisal Files

1. A judicial appraisal file is established for each case to ensure compliance with the types of matters specified in Article 3 of this Circular, including the following main documents:

a) Decision on Requesting Judicial Appraisal, Supplementary Decision on Requesting Judicial Appraisal (if applicable), Re-appraisal Decision (if applicable), and the appraised subject, relevant information, documents, objects, or comparison samples attached thereto (if applicable);

b) Document assigning personnel to conduct judicial appraisal or Decision Establishing an Appraisal Team or Decision Establishing an Appraisal Board (if applicable);

c) Handover and receipt record of the appraised subject; record of opening sealed documents, objects;

d) Appraisal program (if applicable);

e) Record of the process of conducting judicial appraisal;

f) Previous appraisal conclusion or expert opinion from another organization or individual (if applicable); photographic evidence of the appraisal (if applicable);

h) File, documents, and vouchers related to the use of services for judicial appraisals (if applicable);

i) Record of handover and receipt of the appraisal conclusion; return of the appraised subject (if applicable);

k) Other relevant documents for the judicial appraisal (if applicable).

2. The judicial appraisal file shall be stored and preserved in accordance with the provisions of the Law on Judicial Appraisal, the law on archives and records management, and the regulations of the agency or unit conducting the judicial appraisal.

Chapter IV

CONDITIONS FOR IMPLEMENTATION
Article 12. Effective Date

1. This Circular shall take effect from May 1, 2026.

The Circular No. 16/2024/TT-BGDĐT dated November 20, 2024 of the Minister of Education and Training on judicial appraisal in the field of education and training will cease to be effective from the date this Circular takes effect.

2. In case any legislative instruments referred to in this Circular are amended, supplemented, or replaced, the provisions thereof shall apply.

Article 13. Implementation Responsibilities

1. The Legal Affairs Division of the Ministry of Education and Training is the lead unit assisting the Minister of Education and Training in performing tasks related to organizing and managing judicial appraisal activities.

2. Units under the Ministry of Education and Training shall be responsible for:

a) Providing professional advice on matters related to judicial appraisals, including conducting appraisals within their specialized fields;

b) Developing human resources for judicial appraisals in their respective areas of management;

c) Implementing the establishment and preservation of appraisal files according to regulations;

d) Proposing rewards for personnel involved in judicial appraisals under their jurisdiction as per relevant laws;

e) Performing other tasks specified in this Circular.

3. Provincial Departments of Education and Training shall, based on the provisions of the Law on Judicial Appraisal, detailed implementation regulations, and guidelines issued thereunder, as well as those stipulated in this Circular and related documents, advise their respective People's Committees to conduct judicial appraisals within the education and training sector according to their authority.

4. The Director of the Office, Head of the Legal Affairs Division, Heads of Units under the Ministry, and relevant organizations, entities, and individuals shall be responsible for implementing this Circular.

For reference:

 

 

MODEL JUDICIAL APRAISAL CONCLUSION

(Attached to Circular No. 21/2026/TT-BGDĐT dated March 31, 2026 of the Minister of Education and Training)
Model No. 1:

Judicial Appraisal Conclusion by an Organization Requested to Conduct the Appraisal

Model No. 2: Judicial Appraisal Conclusion by an Individual Directly Requested to Conduct the Appraisal

MODEL NO. 1: JUDICIAL APRAISAL CONCLUSION BY AN ORGANIZATION REQUESTED TO CONDUCT THE APPRAISAL MINISTRY OF EDUCATION AND TRAINING

 

NAME OF OFFICE/UNIT (Conducting the Appraisal)

 

Based on Decision No. …dated …Month …Year… of …, dated …Month …Year..., the Ministry of Education and Training/...has conducted ... (2)...

We are: 1. Mr./Ms.: …- Judicial Appraiser (ID:...)/Appraiser for this case.

Position: …Belonging to agency/unit/organization: …

2. Mr./Ms.: …- Judicial Appraiser (ID:...)/Appraiser for this case.

Position: …Belonging to agency/unit/organization: …

have received Decision No. ... and the attached documents and files from the requesting agency on date ...Month ...Year...

(Attachments)

and conducted research and appraisal at:... (3)... from date ...Month ...Year... to date ...Month ...Year...

II. Contents of Request for Appraisal, Requirements for Appraisal Examination III.

Methodology for Conducting Appraisal IV.

……………………………………………………………………………………………………

……………………………………………………………………………………………………

Observations, Evaluation, Conclusion on the Issue to be Appraised (5) 1. Content 1

……………………………………………………………………………………………………

……………………………………………………………………………………………………

- Specific documents, information, and subject of appraisal (if applicable) examined and evaluated - Legal basis/specialized standards (6) used for examining and evaluating the issue/subject: …

- Observations, evaluation, conclusion:

2. Content 2

- Specific documents, information, and subject of appraisal (if applicable) examined and evaluated

- Legal basis/specialized standards (6) used for examining and evaluating the issue/subject: …

……………………………………………………………………………………………………

……………………………………………………………………………………………………

- Observations, evaluation, conclusion:

AGENCY, ORGANIZATION

CONDUCTING THE APRAISAL

PERSON CONDUCTING THE APRAISAL

……………………………………………………………………………………………………

……………………………………………………………………………………………………

 

_________________________

Note:

(1) Abbreviation of the name of the unit assigned to perform the appraisal or to chair the appraisal.

(2) Appointment letter for appraiser/Decision establishing Appraisal Board.

(3) Clearly state the location where the appraisal is conducted.

(4) Clearly state the questions and requirements for appraisal that are considered, evaluated.

(5) State the professional assessment, evaluation, and conclusion regarding the contents referred to in Item II of this Conclusion.

(6) Only mention the point, clause, or article name without quoting the text from the document within the Conclusion.

(7) Sign and affix the seal of the agency that requested the appraisal.

(8) Sign and write full name of each appraiser.

 

Model 2: Appraisal Conclusion for an individual specially requested to perform the appraisal

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

APPOINTMENT APPRAISAL CONCLUSION

I. General information on the case

Based on Decision to Request Appraisal No. ... dated ... month ... year... of ...

My name is: …- Judicial Appraiser (ID:...)/Appraiser for this matter.

Position: …

Place of work: …

have received the Decision to Request Appraisal No. ... and the attached documents and file from the requesting appraisal agency on ... month ... year... (Listed in annex) and conducted the appraisal at: ... (1)... from ... month ... year ... to ... month ... year ...

II. Contents of the request for appraisal that are considered, evaluated (2)

……………………………………………………………………………………………………

……………………………………………………………………………………………………

III. Methodology for conducting the appraisal

……………………………………………………………………………………………………

……………………………………………………………………………………………………

IV. Professional assessment, evaluation, and conclusion regarding the matter/object to be appraised (3)

1. Content 1

- Specific documents, information, subject of appraisal (if applicable) considered, evaluated

- Specific legal basis/professional standards (4) for considering, evaluating the matter/object: …

- Assessment, evaluation, conclusion:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

2. Content 2

- Specific documents, information, subject of appraisal (if applicable) considered, evaluated

- Specific legal basis/professional standards (4) for considering, evaluating the matter/object: …

- Assessment, evaluation, conclusion:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

 

 

_______________________

(Signed, full name written)

(1) Note:

(2) Clearly state the location where the appraisal is conducted.

(3) Clearly state the questions and requirements for appraisal that are considered, evaluated.

(4) State the professional assessment, evaluation, and conclusion regarding the contents referred to in Item II of this Conclusion.