Ordinance No. 24/2004/PL-UBTVQH11 On Forensic Appraisal

ORDINANCE

Judicial Appraisal

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Ordinance stipulates on the organization and operation of judicial appraisal.

Chapter I

GENERAL PROVISIONS

Article 1. Judicial Appraisal

Judicial appraisal is the act of using knowledge, means, and methods of science, technology, and professional expertise to conclude on specialized issues related to criminal cases, administrative cases, civil matters (hereinafter referred to collectively as cases), conducted by judicial appraisers upon request from investigative agencies or prosecutors for the purpose of resolving such cases.

Article 2. Scope of Regulation

Clause 1. This Ordinance stipulates on the standards, rights, and obligations of judicial appraisers; the organization of judicial appraisal; procedures and formalities for requesting and conducting judicial appraisal; fees for judicial appraisal, and state management over judicial appraisal.

Clause 2. Appraisal not requested by investigative agencies or prosecutors and not aimed at serving the resolution of cases does not fall within the scope regulated by this Ordinance.

Article 3. Principles for Conducting Judicial Appraisal

Point 1. Compliance with laws and adherence to professional standards.

Point 2. Truthfulness, accuracy, and objectivity.

Point 3. Concluding only on specialized issues related to cases within the scope requested.

Point 4. Bearing personal responsibility under the law for the conclusions of the appraisal.

Article 4. Responsibilities of Organizations and Individuals towards Judicial Appraisal Activities

Organizations and individuals have the responsibility to create conditions for judicial appraisers to conduct appraisals in accordance with this Ordinance and other relevant laws.

Any acts of intervening or obstructing the conduct of judicial appraisers contrary to the law are strictly prohibited.

Article 5. State Policy on Judicial Appraisal Activities

The State encourages and creates conditions for organizations and individuals to participate in judicial appraisal activities; provides training and professional development, and offers incentives for those who perform judicial appraisals; ensures material and technical facilities for judicial appraisal organizations.

Article 6. Application of International Treaties

Clause 1. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions than those of this Ordinance, the provisions of the international treaty shall apply.

Clause 2. Where the Socialist Republic of Vietnam has not signed or joined an international treaty related to it, international cooperation in judicial appraisal activities shall be carried out on the principle of reciprocity, but must not contravene the laws of the Socialist Republic of Vietnam, international law, and international customs.

Chapter II

LEGAL APPRAISERS

Article 7. Judicial Appraisers

Judicial appraisers include:

Point 1. Judicial Appraisers;

Point 2. Case-specific Judicial Appraisers.

Article 8. Judicial Appraisers

Clause 1. A judicial appraiser is a person meeting the criteria set forth in Clause 2 of this Article and not falling under any of the circumstances specified in Clause 3 of this Article, appointed by a competent state agency and issued a judicial appraiser card in accordance with this Ordinance.

Clause 2. Vietnamese citizens residing in Vietnam who meet the following criteria may be appointed as judicial appraisers:

Subpoint a) Having a university degree or higher and having worked in their field of study for five years or more;

Subpoint b) Possessing good moral character;

Subpoint c) Having full capacity for civil conduct.

Clause 3. The following persons may not be appointed as judicial appraisers:

Subpoint a) Currently being pursued for criminal responsibility or previously convicted without having had their criminal record expunged;

Subpoint b) Currently under administrative surveillance;

Subpoint c) Lacking or having limited capacity for civil conduct.

Clause 4. Judicial appraisers may work in judicial appraisal organizations or specialized organizations.

Article 9. Appointment and Removal of Judicial Appraisers

1. The appointment of judicial appraisers shall be carried out in the fields of forensic medicine, forensic psychiatry, criminal technical investigation, finance-accounting, construction, culture, environment, and other necessary fields.

2. A judicial appraiser shall be removed from their position in the following cases:

a) No longer meeting the criteria stipulated in Clause 2, Article 8 of this Ordinance;

b) Being subject to disciplinary action at or above the level of warning due to intentional violation during professional activities or violation of professional ethics;

c) Being administratively sanctioned for violating regulations on judicial appraisal;

d) Violating the provisions of Article 14 of this Ordinance.

3. The Minister, Head of a ministry-level agency, or Head of a government-affiliated agency shall decide on the appointment and removal of central judicial appraisers in the fields under their management.

The Chairman of the People's Committee of a province or centrally governed city (hereinafter referred to collectively as the Chairman of the Provincial People's Committee) shall decide on the appointment and removal of local judicial appraisers based on the proposal of the Department of Justice Director, after reaching consensus with the Director of the relevant specialized department.

Article 10. Judicial Appraiser Card

1. A person appointed as a judicial appraiser shall be issued a judicial appraiser card by the Ministry of Justice upon the request of a ministry, ministry-level agency, government-affiliated agency, or provincial people's committee (hereinafter referred to collectively as the provincial people's committee).

2. Within fifteen days from receiving the request for issuance of a judicial appraiser card from a ministry, ministry-level agency, government-affiliated agency, or provincial people's committee, the Ministry of Justice shall issue a judicial appraiser card to the appointed judicial appraiser.

3. The Ministry of Justice shall establish and publish a list of judicial appraisers.

4. Within fifteen days from receiving the decision to remove a judicial appraiser from the Minister, Head of a ministry-level agency, Head of a government-affiliated agency, or Chairman of the Provincial People's Committee, the Ministry of Justice shall revoke the judicial appraiser card of the removed judicial appraiser.

Article 11. Case-based Judicial Appraisers

1. A person who is not a judicial appraiser but meets the criteria stipulated in Clause 2, Article 8 and does not fall under any of the circumstances specified in Clause 3, Article 8 of this Ordinance may be requested to perform case-based judicial appraisal.

2. In cases where a person does not have a university degree but has deep knowledge in the field requiring appraisal and is reputable in that field, they may be requested to perform case-based judicial appraisal.

3. The Ministry of Justice shall establish and publish a list of case-based judicial appraisers as stipulated in Clauses 1 and 2 of this Article upon the request of a ministry, ministry-level agency, government-affiliated agency, or provincial people's committee.

Article 12. Rights of Judicial Appraisers

1. Requesting the investigative authority or the investigator requesting the appraisal (hereinafter collectively referred to as the appraisal requester) to provide information and materials related to the object of appraisal.

2. Selecting appropriate and suitable methods to conduct the appraisal according to the content of the appraisal request.

3. Using supplementary examination results or expert conclusions performed by other organizations or individuals to serve the purpose of the appraisal.

4. Independently issuing an appraisal conclusion.

5. Refusing to conduct an appraisal if the object of appraisal and related materials provided are insufficient or lack value for issuing an appraisal conclusion; if there is not enough time to conduct the appraisal or for other legitimate reasons.

6. Ensuring safety when conducting an appraisal or participating in litigation as a judicial appraiser.

7. A judicial appraiser who receives salary from the state budget shall be entitled to allowances and other compensations as prescribed by law.

A judicial appraiser who does not receive salary from the state budget shall be entitled to remuneration for judicial appraisal.

The Government shall specify the detailed allowance, compensation, and remuneration system for judicial appraisers.

8. Other rights as prescribed by procedural laws.

Article 13. Obligations of forensic experts

1. Adhere to the principles of conducting forensic examinations.

2. Conduct forensic examinations in accordance with the content of the examination requests.

3. Conduct forensic examinations within the required time limit; if additional time is necessary for the examination, timely notification must be given to the requesting agency or individual.

4. Prepare forensic examination files.

5. Attend court summons and explain the forensic examination conclusions when requested.

6. Safeguard samples and materials related to the forensic examination cases.

7. Maintain confidentiality regarding the results of forensic examinations, information, and examination materials.

8. Refuse to conduct forensic examinations in cases prescribed in Article 37 of this Ordinance.

9. Compensate for damages caused by intentionally providing false forensic examination conclusions that result in harm to individuals or organizations involved.

10. Other obligations as stipulated by procedural laws.

Article 14. Prohibited acts for forensic experts

1. Refuse to provide examination conclusions without legitimate reasons.

2. Intentionally provide false examination conclusions.

3. Exploit forensic examinations for personal gain.

4. Disclose investigative secrets known through participation in criminal proceedings as a forensic expert; disclose confidential information known during the conduct of forensic examinations for other cases.

Chapter III

FORENSIC EXAMINATION ORGANIZATIONS

Article 15. Establishment of forensic examination organizations

Forensic examination organizations are established in the fields of forensic medicine, forensic psychiatry, and criminal technical sciences.

Article 16. Forensic medical examination organizations

1. National Institute of Forensic Medicine.

2. Provincial and centrally-administered city Forensic Medicine Centers.

3. Military Institute of Forensic Medicine, Forensic Medicine Center under the Institute of Criminal Science of the Ministry of Public Security.

Article 17. National Institute of Forensic Medicine

1. The National Institute of Forensic Medicine is established by the Prime Minister's decision upon the proposal of the Minister of Justice and the Minister of Health, and it is subordinate to the Ministry of Health.

2. The National Institute of Forensic Medicine is a revenue-generating public service unit, having legal personality, its own seal, bank account, and separate premises.

Article 18. Provincial and centrally-administered city Forensic Medicine Centers

1. Based on local needs and actual conditions, the Chairman of the People's Committee at the provincial level decides to establish Provincial and Centrally-Administered City Forensic Medicine Centers (hereinafter referred to as Forensic Medicine Centers) upon the proposal of the Director of the Department of Justice, after reaching consensus with the Director of the Department of Health, and they are subordinate to the Department of Health.

In provinces and centrally-administered cities where Forensic Medicine Centers have not been established, there will be forensic medicine examination departments under provincial general hospitals.

2. Forensic Medicine Centers are revenue-generating public service units, having legal personality, their own seals, and separate bank accounts, located within provincial general hospitals.

Article 19. Forensic Medical Examinations in the Military and Police

1. The Ministry of Defense has the Military Institute of Forensic Medicine.

Military regional hospitals have forensic medical examiners.

2. The Ministry of Public Security has the Forensic Medicine Center under the Institute of Criminal Science.

Provincial and centrally-administered city police have forensic medical examiners.

Article 20. Forensic Psychiatry Examination Organizations

1. The Central Institute of Forensic Psychiatry is established by the Minister of Health's decision, after reaching consensus with the Minister of Justice, and it is subordinate to the Ministry of Health.

The Central Institute of Forensic Psychiatry is a revenue-generating public service unit, having legal personality, its own seal, and separate bank account.

2. In provinces and centrally-administered cities where there are provincial mental hospitals, Forensic Psychiatry Examination Centers are established under those hospitals to conduct forensic psychiatric examinations.

Forensic Psychiatry Examination Centers are established by the Chairman of the People's Committee at the provincial level upon the proposal of the Director of the Department of Justice, after reaching consensus with the Director of the Department of Health, and they are subordinate to the Department of Health.

Forensic Psychiatry Examination Centers are revenue-generating public service units, having legal personality, their own seals, and separate bank accounts.

In provinces and centrally-administered cities without provincial mental hospitals, centers for preventing social diseases or the psychiatry department of provincial general hospitals conduct forensic psychiatric examinations when requested.

3. Hospitals under the Ministry of Defense and military regional hospitals have forensic psychiatric examiners.

Article 21. Criminal Technical Appraisal Organizations

1. The Institute of Criminal Science under the Ministry of Public Security.

2. The Criminal Technical Investigation Department under the Provincial Police Force or the Municipal Police Force directly under the Central Government.

3. The Criminal Technical Organization under the Ministry of National Defense.

Article 22. Functions, Tasks, and Organizational Structure of Judicial Appraisal Organizations

The Government shall specify in detail the functions, tasks, organizational structure, and activities of judicial appraisal organizations as prescribed in Articles 17, 18, 19, 20, and 21 of this Ordinance.

Article 23. Ensuring Material Bases for Judicial Appraisal Activities

1. The operating funds, equipment, means, and other necessary material conditions for the activities of judicial appraisal organizations shall be guaranteed by the state budget in accordance with the provisions of the law.

2. Professional organizations have the responsibility to create conditions for judicial appraisers to use their organization's equipment and means to serve the appraisal process.

Chapter IV

JUDICIAL APPRAISAL ACTIVITIES

Article 24. Requesting Judicial Appraisal

1. The person requesting the appraisal may request the following individuals or organizations:

a) Judicial appraisers as prescribed in Article 7 of this Ordinance;

b) Judicial appraisal organizations as prescribed in Chapter III of this Ordinance;

c) Professional organizations having sufficient professional qualifications and material bases to ensure the implementation of the appraisal.

2. In cases where the professional qualifications, equipment, and means of domestic judicial appraisal organizations, professional organizations, and judicial appraisers cannot meet the requirements of the appraisal, the lower-level investigative agency shall propose to its central-level investigative agency to decide on requesting foreign individuals or organizations to conduct the appraisal. Requests for foreign individuals or organizations to conduct the appraisal shall be carried out through the Ministry of Justice.

Article 25. Rights of the Person Requesting the Appraisal

1. To request an organization or individual to carry out the appraisal.

2. To require the organization or individual receiving the appraisal request to provide the appraisal conclusion in accordance with the content requested and within the specified time limit.

3. To request a judicial appraiser to explain the appraisal conclusion.

4. Other rights as stipulated by the procedural laws.

Article 26. Obligations of the Person Requesting the Appraisal

1. To request the appraisal in writing.

2. To provide information and materials related to the object of the appraisal upon the request of the judicial appraiser.

3. To temporarily advance the appraisal costs when the individual or organization accepting the judicial appraisal request requests it.

4. Other obligations as stipulated by the procedural laws.

Article 27. Request for Judicial Appraisal Documents

1. The request for judicial appraisal document shall include the following main contents:

a) Name of the requesting agency; name and position of the person conducting the litigation requesting the appraisal;

b) Name of the organization; name and position of the person being requested to conduct the appraisal;

c) Summary of the matter related to the object requiring the appraisal;

d) Source and characteristics of the object to be appraised;

đ) Names of related documents or comparison samples attached;

e) Content of the appraisal request;

g) Date of the appraisal request and deadline for providing the appraisal conclusion.

2. In cases of supplementary or repeated appraisal requests, the request for judicial appraisal must clearly indicate that it is a supplementary or repeated appraisal request.

Article 28. Acceptance of Forensic Appraisal Requests

1. Judicial appraisal organizations, specialized organizations, and judicial appraisers under the management of provincial People's Committees shall be responsible for accepting and conducting forensic appraisals requested by prosecution agencies and prosecutors at the district, provincial, and central levels.

2. Judicial appraisal organizations, specialized organizations, and judicial appraisers under the management of ministries, ministerial-level agencies, and government agencies shall be responsible for accepting and conducting forensic appraisals requested by prosecution agencies and prosecutors at the central level and complex forensic appraisals requested by prosecution agencies and prosecutors at the district and provincial levels.

3. Judicial appraisal organizations, specialized organizations, and judicial appraisers must refuse to accept forensic appraisal requests if they lack the necessary equipment and means to conduct the appraisal, if the content of the request does not fall within their expertise, or if it exceeds their professional capacity.

4. Based on the provisions of Clauses 1, 2, and 3 of this Article, the Minister of National Defense shall provide guidance on the acceptance of forensic appraisal requests from prosecution agencies within the military.

Article 29. Transfer and Receipt of Appraisal Objects

1. In cases where a forensic appraisal request includes an appraisal object, the transfer and receipt of the appraisal object must be documented in a record. The record of the transfer and receipt of the appraisal object shall include the following main contents:

a) Time and place of transfer and receipt of the appraisal object;

b) Name and surname of the representative of the transferring party and the receiving party;

c) Name of the appraisal object;

d) Method of preserving the appraisal object during transfer and receipt;

e) Condition of the appraisal object at the time of transfer and receipt;

f) Related documents or items;

g) Signature of the transferring party and the receiving party.

2. The transfer and receipt of the appraisal object after the completion of the appraisal shall be carried out in accordance with the regulations of the Government.

Article 30. Conducting Appraisals

1. In cases where a judicial appraisal organization or specialized organization is requested to conduct an appraisal, the head of that organization shall appoint someone to conduct the appraisal and bear responsibility for such appointment. The person conducting the appraisal shall be personally responsible under the law for the appraisal conclusion.

2. In cases where an individual is requested to conduct an appraisal, that individual shall accept and conduct the appraisal. The head of the managing organization shall be responsible for creating conditions for the judicial appraiser to conduct the appraisal.

Article 31. Individual Appraisal and Collective Appraisal

1. An individual appraisal is conducted by one person. A collective appraisal is conducted by two or more persons.

2. In cases of individual appraisal, the appraiser shall conduct the entire appraisal and be responsible for their own appraisal conclusion.

3. In cases of collective appraisal in a single field of expertise, all appraisers shall jointly conduct the appraisal, sign the joint appraisal conclusion, and jointly be responsible for that conclusion; if there are differing opinions, each appraiser shall separately record their own appraisal conclusion in the joint appraisal conclusion and be responsible for their opinion.

In cases of collective appraisal involving multiple fields of expertise, each appraiser shall conduct the portion of the appraisal related to their own field of expertise and be responsible for their own appraisal conclusion.

Article 32. Supplementary Appraisal

1. A supplementary appraisal shall be conducted when the content of the appraisal conclusion is unclear, incomplete, or when new issues arise related to the circumstances of the case that have been previously appraised.

2. The supplementary appraisal may be carried out by the previous judicial appraiser or another judicial appraiser.

Article 33. Reappraisal

1. A reappraisal shall be conducted upon request of the investigative authority or the investigator in cases where there is doubt about the results of the appraisal or contradictions among different appraisal conclusions on the same issue to be appraised. The reappraisal may be conducted by the previous appraiser or another appraiser as prescribed by the procedural law.

2. In cases where there are contradictions between the initial appraisal conclusion and the reappraisal conclusion on the same issue, the second reappraisal must be conducted by the Appraisal Board. The Appraisal Board is established by the Minister, Head of a ministry-level agency, or Head of a government agency managing the relevant field. The Appraisal Board consists of at least three members who are highly qualified and reputable in the relevant field.

3. If the Appraisal Board specified in Clause 2 of this Article has already conducted the second reappraisal, no further reappraisals will be conducted, except in special cases decided by the Chief Prosecutor of the Supreme People's Procuracy.

Article 34. Documentation Recording the Appraisal Process

1. The person conducting the appraisal must promptly, fully, and truthfully record the entire appraisal process in writing.

2. The documentation recording the appraisal process must be kept in the appraisal file.

Article 35. Appraisal Conclusion

1. The appraisal conclusion must be documented in writing and include the following main contents:

a) Name and surname of the person conducting the appraisal;

b) Name of the investigative authority or name and surname of the investigator requesting the appraisal; number of the request for appraisal document;

c) Date of receipt of the request for appraisal document;

d) Content of the appraisal request;

đ) Method of conducting the appraisal;

e) Conclusion on the object of appraisal;

g) Date and place of completion of the appraisal.

2. The appraisal conclusion document must bear the signature of the judicial appraiser; if the organization requested to conduct the appraisal, then the appraisal conclusion document must also be signed by the head of that organization and stamped.

3. In cases where the appraisal is conducted before the decision to initiate criminal proceedings, in accordance with the procedures and formalities prescribed by the procedural law and this Decree, the investigative authority may not request another appraisal but can use that appraisal conclusion as a judicial appraisal conclusion.

Article 36. Appraisal File

1. The appraisal file is established by the judicial appraiser and includes the following documents:

a) Decision requesting the appraisal;

b) Handover and receipt record of the object of appraisal;

c) Documentation recording the appraisal process;

d) Appraisal photo copy;

đ) Previous appraisal conclusion or testing, experimental results of the appraisal conducted by others;

e) Other documents related to the appraisal;

g) Appraisal conclusion.

2. The appraisal file must be retained for at least thirty years from the date of completion of the appraisal, unless otherwise provided by law.

The judicial appraisal organization or specialized organization is responsible for preserving and retaining the appraisal files conducted by their own judicial appraisers.

3. The appraisal file must be produced upon request of the investigative authority or the investigator resolving the case.

Article 37. Cases Where Judicial Appraisal Shall Not Be Conducted

Any person falling under any of the following circumstances shall not be allowed to conduct judicial appraisal:

1. Has participated in litigation proceedings as an Investigator, Prosecutor, Judge, Associate Judge, Court Clerk, or has participated in litigation as a defense counsel, representative of the legitimate rights and interests of the parties involved, witness, or interpreter in that case;

2. Is simultaneously a victim, civil plaintiff, civil defendant; a person with rights and obligations related to the case; a lawful representative, relative of those persons or of the accused;

3. Has been requested for re-appraisal on the same content in the same case where they have already conducted an appraisal, except as otherwise provided by law;

4. There is clear evidence indicating that such person may not be impartial when conducting the appraisal.

Chapter V

FEES FOR JUDICIAL APPRAISAL

Article 38. Fees for Judicial Appraisal

1. Organizations and individuals conducting judicial appraisal are entitled to collect fees for judicial appraisal.

2. The fee for judicial appraisal includes remuneration for judicial appraisal and other necessary expenses for conducting the appraisal as prescribed by the Ministry of Finance.

Article 39. Payment of Fees for Judicial Appraisal

1. For criminal cases, the fee for judicial appraisal is paid by the prosecution agency and funded from the state budget according to the annual budget of that agency.

2. For civil matters and administrative cases, the fee for judicial appraisal is borne by the parties involved in accordance with the provisions of civil procedure law and administrative procedure law.

In cases where the party bearing the fee for judicial appraisal is poor or a beneficiary of social policies, such party may be exempted or granted a reduction in the fee for judicial appraisal as stipulated by the Government.

Article 40. Management and Utilization of Fees for Judicial Appraisal

Based on laws on fees and charges, the Government shall specify the management and utilization of fees for judicial appraisal by organizations and individuals conducting judicial appraisal.

Chapter VI

STATE MANAGEMENT OF LEGAL APPRAISALS

Article 41. State Administration Content Regarding Judicial Appraisal

1. Issuing and guiding the implementation of legal normative documents on judicial appraisal.

2. Establishing judicial appraisal organizations.

3. Appointing and dismissing judicial appraisers; issuing and revoking judicial appraiser cards; compiling and announcing lists of judicial appraisers and case-specific appraisers.

4. Developing professional standards for judicial appraisal.

5. Training and enhancing professional skills and necessary legal knowledge for judicial appraisers.

6. Inspecting, auditing, handling complaints and accusations, and dealing with violations concerning judicial appraisal.

7. Ensuring funding, equipment, and material conditions for judicial appraisal activities.

8. International cooperation in judicial appraisal.

Article 42. State Administrative Bodies for Judicial Appraisal

1. The Government exercises unified state administration over judicial appraisal.

2. The Ministry of Justice is responsible to the Government for implementing state administration over judicial appraisal.

3. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries, agencies at the ministerial level, and government-affiliated agencies implement management over judicial appraisal organizations and activities within their respective fields of responsibility.

4. Ministries, agencies at the ministerial level, and government-affiliated agencies within their respective duties and powers shall cooperate with the Ministry of Justice and relevant ministries and agencies in implementing state administration over judicial appraisal.

5. Provincial People's Committees shall implement state administration over judicial appraisal in their localities in accordance with this Ordinance and other relevant legal provisions.

Article 43. Tasks and powers of the Ministry of Justice in managing state administration on forensic identification

1. Issuing or drafting, submitting to competent state agencies for issuance, normative legal documents on forensic identification and guiding the implementation of such documents.

2. Issuing and revoking forensic identification expert cards; establishing and publicizing lists of forensic identification experts and case-specific forensic identifiers.

3. Issuing and guiding the use of forensic identification document templates.

4. Developing training programs for necessary legal knowledge for forensic identification experts; coordinating with ministries, ministerial-level agencies, government agencies, and provincial People's Committees in organizing professional and vocational training and necessary legal knowledge training for forensic identification experts.

5. Implementing state management over international cooperation in forensic identification.

6. Summarizing and reporting to the Prime Minister on the organization and operation of forensic identification.

Article 44. Tasks and powers of the Ministry of Health, Ministry of Public Security, Ministry of National Defense, and other ministries, ministerial-level agencies, and government agencies in managing the organization and operation of forensic identification within their respective fields of responsibility 1. Establishing forensic identification organizations within their authority.

2. Appointing and dismissing forensic identification experts within their authority; establishing lists of case-specific forensic identifiers under their management.

3. Proposing the Minister of Justice to issue and revoke forensic identification expert cards within their authority.

5. Ensuring financial resources, operational means, and other necessary material conditions for forensic identification activities.

4. Developing professional standards for judicial appraisal.

6. Organizing professional and vocational training and necessary legal knowledge training for forensic identification experts.

7. Inspecting, auditing, and resolving complaints and denunciations regarding the organization and operation of forensic identification within their authority.

8. Summarizing and reporting to the Government on the organization and operation of forensic identification.

9. International cooperation in forensic identification within their respective fields of responsibility.

Article 45. Tasks and powers of Provincial People's Committees in managing state administration on forensic identification

1. Deciding to establish forensic identification organizations within their authority. 2. Appointing and dismissing forensic identification experts within their authority; establishing lists of case-specific forensic identifiers at the local level.

4. Ensuring financial resources, operational means, and other necessary material conditions for forensic identification activities at the local level.

5. Organizing professional and vocational training and necessary legal knowledge training for forensic identification experts at the local level.

5. Ensuring financial resources, operational means, and other necessary material conditions for forensic identification activities.

6. Inspecting, auditing, and resolving complaints and denunciations regarding forensic identification within their authority.

7. Summarizing and reporting to the Ministry of Justice on the organization and operation of forensic identification at the local level.

Article 46. Complaints and denunciations

1. Organizations and individuals have the right to file complaints about administrative decisions or administrative acts of administrative state agencies or persons with authority in administrative state agencies in the field of forensic identification if they believe that such administrative decisions or acts are contrary to the law, infringing upon their legitimate rights and interests.

The resolution of complaints about forensic identification as stipulated in this clause shall be carried out in accordance with the provisions of the law on complaints and denunciations.

2. In cases where a party to litigation has grounds to believe that the forensic identification conclusion is inaccurate, not objective, causing damage to their legitimate rights and interests, they have the right to request the investigative agency or person conducting the investigation to re-conduct the forensic identification. Within seven days from the date of receipt of the request, the investigative agency or person conducting the investigation must issue a decision or refuse the request for re-conducting the forensic identification; in case of refusal, they must notify the reasons to the requester in writing.

In cases where the requester disagrees with the refusal to re-conduct the forensic identification by the Investigative Agency, they have the right to file a complaint to the same-level Procuracy. Within fifteen days from the date of receipt of the complaint, the same-level Procuracy must examine and resolve it. The decision to resolve the complaint of the same-level Procuracy is the final decision.

In cases where the requester disagrees with the refusal to re-conduct the forensic identification by the Procuracy, Court, they have the right to file a complaint to the higher-level Procuracy, higher-level Court. Within fifteen days from the date of receipt of the complaint, the Procuracy, Court must examine and resolve it. The decision to resolve the complaint of the higher-level Procuracy, higher-level Court is the final decision.

3. Individuals have the right to denounce to competent state agencies about violations of this Ordinance by forensic identification experts.

This Ordinance takes effect from January 1, 2005.

Decision No. 117/HĐBT dated July 21, 1988 of the Council of Ministers on forensic identification ceases to be effective from the date this Ordinance takes effect.

The resolution of complaints shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter VII

IMPLEMENTING PROVISIONS

Article 47. Effective Date

This Ordinance takes effect from January 1, 2005.

Decree No. 117/HĐBT dated July 21, 1988 of the Council of Ministers on judicial appraisal shall be repealed from the date this Ordinance takes effect.

Article 48. Guidance on Implementation

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.