Decision No. 22/2026/QĐ-TTg Amending and Supplementing Certain Articles of Decision No. 08/2025/QĐ-TTg of the Prime Minister on the Remuneration for Judicial Appraisal

DECISION
Amending and Supplementing Certain Articles of Decision No. 08/2025/QĐ-TTg dated April 4, 2025 of the Prime Minister on the Remuneration for Judicial Appraisal

BASED ON THE JUDICIAL APRAISAL LAW NO. 105/2025/QH15;

IN ACCORDANCE WITH THE MINISTER OF JUSTICE:

THE PRIME MINISTER ISSUES THIS DECISION TO AMEND AND SUPPLEMENT CERTAIN ARTICLES OF DECISION NO. 08/2025/QĐ-TTg DATED APRIL 4, 2025 ON THE REMUNERATION FOR JUDICIAL APRAISAL.

Article 1. Amend and supplement Point (d) of Clause 2, Article 3 as follows:

"d) The remuneration for one person conducting an appraisal on the causative agent causing injury, toxic substances, DNA, histopathology, on files, and other types of appraisals in the field of forensic science shall be as follows:
For qualitative drug testing in biological samples, hair, or alcohol content in blood, or single substance testing in biological samples: 250,000 VND per appraisal; for quantitative drug testing in biological samples, hair: 400,000 VND per appraisal; for toxic substances from sample materials: 400,000 VND per appraisal.
For DNA cell analysis: 300,000 VND per appraisal; for mitochondrial DNA analysis: 500,000 VND per appraisal.
For mechanism of injury and causative agent appraisals: 500,000 VND per appraisal.
For toxic substances from organ samples or biological fluids: 600,000 VND per appraisal.
For histopathology appraisals: 800,000 VND per appraisal.
For appraisals conducted on files: 1,000,000 VND per appraisal.
In the case of a matter involving ten or more samples, the remuneration for the judicial appraisal shall be increased by an additional 20% over the remuneration payable.
Where the aforementioned types of appraisals are conducted by forensic science experts, the remuneration for judicial appraisal shall be determined in accordance with the daily rate specified in Article 2 of this Decision."

Article 2. Amend and supplement Article 5 as follows:

"Article 5. Sources of funding and principles for payment of judicial appraisal remuneration
1. The funding for the remuneration for judicial appraisals in criminal cases or other matters referred by authorized investigative authorities shall be borne by the state budget and allocated within the annual budget of the state agency or unit that refers, conducts the appraisal. For the remuneration for persons dispatched by the investigative authority to perform tasks such as autopsy, dissection, exhumation, the funding shall also be borne by the state budget according to the annual budget of the relevant agency.
Each year, state agencies and units funded by the state budget that refer or conduct appraisals must prepare a budget and request approval from the competent authority for the allocation of funds to ensure payment of judicial appraisal remuneration to forensic appraisers and their assistants under their jurisdiction. The investigative authority must also prepare a budget and request approval and funding from the competent authority to ensure payment of judicial appraisal remuneration to persons assigned by its agency to perform tasks when conducting appraisals, including autopsies, dissections, exhumations.
The preparation, implementation, and settlement of funds for judicial appraisal remuneration shall be carried out in accordance with the laws on state budget and accounting.
The procedures, formalities, temporary advance payment, and reimbursement of judicial appraisal remuneration shall be conducted in accordance with the current laws governing temporary advances, reimbursements, and payments from the state budget through the State Treasury.
Supplementary budgets within the year, handling of revenues and expenditures at the end of the fiscal year shall be carried out in accordance with the laws on state budget.
In cases where agencies or organizations are applying a special financial mechanism and income according to the law, the funding for judicial appraisal remuneration shall be taken from the regular operating funds of such agencies or units as stipulated by relevant sectoral laws and other related laws.
2. The funding for judicial appraisal remuneration in civil cases or administrative cases referred by investigative authorities at the request of the parties involved shall be borne by the parties according to the law on litigation, costs of judicial appraisals.
3. State agencies and units that dispatch persons to conduct forensic appraisals are responsible for making temporary advances and settling remuneration for judicial appraisals for forensic appraisers and their assistants when assigning them tasks and upon completion of the appraisal.
The competent investigative authority is responsible for making temporary advances and settling remuneration for judicial appraisals for persons assigned to perform tasks during autopsies, dissections, exhumations."

Article 3. To Amend, Supplement, and Abolish Certain Provisions of Article 6 as Follows:

1. Abolish Paragraph 4.

2. Amend and Supplement Paragraph 5 and Paragraph 6 as Follows:

"5. Each year, the Ministries, agencies at the ministerial level, agencies under the Government, the Supreme People's Procuratorate, people's committees of provinces and cities shall have the responsibility to prepare a budget, propose it for approval by an authorized state organ, allocate and ensure funding to pay compensation in a timely and full manner for judicial appraisal allowances within 15 days from the completion of the appraisal, issuance of the appraisal conclusion, and receipt of the application documents for payment; inspect the preparation of budgets, allocation of funds, and payment of judicial appraisal allowances to appraisers and assistants at appraisers in agencies under their management and submit reports to the Ministry of Justice for consolidation and reporting to the Prime Minister.

Article 4. Implementation Provisions

1. This Decision shall take effect on May 1, 2026.

2. In cases where judicial appraisals have been received and conducted prior to the effective date of this Decision, the payment of judicial appraisal allowances shall be carried out in accordance with Decision No. 08/2025/QĐ-TTg dated April 4, 2025, by the Prime Minister on the compensation for judicial appraisals.

3. The Ministers, heads of agencies at the ministerial level, chairpersons of people's committees of provinces and cities, and heads of relevant agencies shall be responsible for implementing this Decision.

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