Circular No. 25/2013/TT-BTTTT stipulates on judicial appraisal files and judicial appraisal forms in the field of information and communication.

CIRCULAR

Regulations on forensic examination files and forensic examination forms in the field of information and communication

in the field of information and communication

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Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Legal Department,

The Minister of Information and Communications issues this Circular regulating forensic examination files and forensic examination forms in the field of information and communication.

Article 1. Scope of Regulation

This Circular regulates forensic examination files and forensic examination forms in the field of information and communication.

Article 2. Applicability

1. Officials, civil servants, and employees under the Ministry of Information and Communications, Department of Information and Communications.

Forensic examination in scientific and technological activities as prescribed in this Circular includes forensic examination in the following fields: standards, technical regulations, measurement, product quality, goods quality (hereinafter referred to as standards, measurement, and quality); technology, equipment, machinery; industrial property; atomic energy.

Article 3. Acceptance of Forensic Examination Requests and Objects

1. The handover of forensic examination files and requests must be documented in a record and carried out according to the provisions of Article 27 of the Law on Forensic Examinations. Only valid requests for forensic examinations that correspond to the objects specified in the request will be accepted.

2. When accepting objects for examination, related documents, or comparison samples sent with seals intact, the seals must be carefully inspected before opening. The process of opening must be witnessed by individuals or representatives from the organization conducting the examination and the requesting party. All relevant information and events during the opening process must be recorded in the opening record and confirmed by signatures of all parties involved and witnesses.

3. For invalid requests for examination and appraisal, individuals or organizations requested to conduct the examination and appraisal must return the document to the requesting agency or individual and specify the reason.

4. Upon completion of the examination, the individual or organization conducting the examination shall return the examined object to the requesting agency or person, except where otherwise provided by law.

Article 4. Judicial Appraisal File

1. A forensic examination file consists of all legal bases, examination documents, conclusions, and other related materials throughout the examination process.

2. Forensic examination files in the field of information and communication must be established according to a unified model and include all contents prescribed in Clause 1 of Article 33 of the Law on Forensic Examinations and Article 5 of this Circular.

Article 5. Forms of Documents for Forensic Examinations in the Field of Information and Communication

1. The process of conducting forensic examinations based on requests in the field of information and communication must comply with the principles stipulated in Article 3 of the Law on Forensic Examinations and be recorded in writing, accurately reflecting the entire process and results of the examination according to the form prescribed in Clause 2 of this Article.

2. Attached to this Circular are the following sample documents:

a) Sample protocol for handing over and accepting the dossier, objects subject to judicial appraisal request (Sample No. 01);

b) Sample protocol for opening seals (Sample No. 02);

c) Form of Examination Conclusion (Form No. 03a and 03b);

d) Form of Record of Examination Process (Form No. 04);

đ) Sample protocol for transferring the appraisal conclusion (Sample No. 05).

Article 6. Implementation Provisions

1. This Circular takes effect from February 20, 2014.

2. The Director of the Office, Heads of Legal Affairs Department, Organization and Cadres Department, Heads of agencies and units under the Ministry of Information and Communications, Chairmen of People's Councils of provinces and centrally-administered cities, Directors of Departments of Information and Communications of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

3. In the course of implementing this Circular, if there are any difficulties, they should be reported to the Ministry of Information and Communications for consideration and resolution./.