Circular No. 25/2024/TT-BTTTT stipulates on forensic examination in the field of information and communication.

CIRCULAR

Regulations on forensic appraisal in the field of information and communication

 

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

Pursuant to the Law Amending and Supplementing Certain Provisions of the Forensic Appraisal Law dated June 10, 2020;

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

Pursuant to the Government Decree No. 157/2020/NĐ-CP dated December 31, 2020 amending and supplementing certain provisions of the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 of the Government stipulating 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 promulgates this Circular on forensic appraisal in the field of information and communication.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the scope of forensic appraisal cases in the field of information and communication; forensic appraisers, case-specific forensic appraisers, case-specific forensic appraisal organizations; acceptance and implementation of forensic appraisal; application of specialized standards for forensic appraisal activities; deadlines for forensic appraisal; files and archiving of forensic appraisal files.

Article 2. Applicability

1. Civil servants and officials under the Ministry of Information and Communications, Provincial Departments of Information and Communications.

2. Agencies and units under the Ministry of Information and Communications; Provincial Departments of Information and Communications.

3. Other agencies, organizations, and individuals related to forensic appraisal activities in the field of information and communication.

Article 3. Scope of forensic appraisal cases in the field of information and communication

Forensic appraisal in the field of information and communication is the appraisal of professional content within the administrative jurisdiction of the Ministry of Information and Communications and Provincial Departments of Information and Communications as prescribed by law.

Chapter II

STANDARDS, FILES, PROCEDURES FOR APPOINTING AND REMOVING FORENSIC APPRAISERS, ISSUING AND REVOKING FORENSIC APPRAISER CARDS; RECOGNIZING, PUBLISHING LISTS OF, AND WITHDRAWING RECOGNITION OF CASE-SPECIFIC FORENSIC APPRAISERS, CASE-SPECIFIC FORENSIC APPRAISAL ORGANIZATIONS

Article 4. Standards for appointing and issuing forensic appraiser cards, recognizing case-specific forensic appraisers

1. Standards for appointing and issuing forensic appraiser cards:

a) The criteria for appointing forensic appraisers shall be implemented in accordance with Clause 1, Article 7 of the Forensic Appraisal Law;

b) The criterion "holding a bachelor's degree or higher" as stipulated in Point b, Clause 1, Article 7 of the Forensic Appraisal Law means holding a bachelor's degree or higher from an educational institution in Vietnam in accordance with the law or from an overseas educational institution recognized for use in Vietnam, which is suitable for the professional field proposed for the appointment of forensic appraisers in areas such as journalism, publishing, postal services, telecommunications, information technology, broadcasting, television, electronic information, law, economics, or other training fields.

c) The criterion "having at least five years of practical experience in the field of study" as stipulated in Point b, Clause 1, Article 7 of the Forensic Appraisal Law means having at least five years of professional activity in the field of study (directly working in the professional field specified in Point b, Clause 1 of this Article) calculated from the date of recruitment or employment, which is suitable for the field of forensic appraisal in which the person is appointed.

2. Recognition of case-specific forensic appraisers

a) Vietnamese citizens residing in Vietnam who meet all the criteria stipulated in Clause 1 of this Article may be selected as case-specific forensic appraisers.

b) In cases where individuals without a bachelor's degree but with deep knowledge and extensive practical experience in the field requiring appraisal may also be selected as case-specific forensic appraisers.

Article 5. Conditions, material infrastructure, equipment, and means for forensic identification organizations in the field of information and communication

Conditions, material infrastructure, equipment, and means for forensic identification organizations in the field of information and communication include:

1. Meeting the conditions as prescribed in Clause 1 of Article 19 of the Law on Forensic Identification.

2. Having preservation and storage equipment for objects, files, and documents subject to forensic identification, and other equipment that meets the requirements for conducting forensic identification as stipulated by laws on forensic identification and related laws.

Article 6. Authority, procedures, and formalities for appointing judicial forensic experts

1. Procedures for appointing judicial forensic experts at the Ministry of Information and Communications:

a) The head of the agency or unit under the Ministry selects individuals meeting the criteria specified in Clause 1 of Article 4 of this Circular, prepares a dossier to propose the appointment of judicial forensic experts as stipulated in Article 7 of this Circular, and submits it to the Department of Organization and Cadres.

b) The Director of the Department of Organization and Cadres takes the lead, coordinates with the Director of the Legal Department to review the dossier, select candidates, and submit to the Minister of Information and Communications for decision on the appointment of judicial forensic experts.

2. Procedures for appointing judicial forensic experts at the local level:

The Director of the Department of Information and Communications leads, coordinates with the Director of the Department of Justice to select individuals meeting the criteria specified in Clause 1 of Article 4 of this Circular, receives the dossier of those proposing the appointment of judicial forensic experts as stipulated in Article 7 of this Circular, and proposes to the Chairman of the Provincial People's Committee for the appointment of judicial forensic experts.

Article 7. Dossier for Proposing Appointment and Issuance of Judicial Forensic Expert Card

1. Dossier for Proposing Appointment of Judicial Forensic Experts

a. A letter or application from the head of the unit or the applicant proposing the appointment of a judicial forensic expert.

b. A copy of the bachelor’s degree or higher as prescribed in Point a, Clause 1 of this Circular.

c. Curriculum vitae and Criminal Record Certificate. In cases where the proposed judicial forensic expert is currently a civil servant or public official, there is no need for a Criminal Record Certificate.

d. A certificate from the organization or entity where the proposed judicial forensic expert works, confirming their actual time spent in professional activities.

2. Procedures and formalities for issuing the judicial forensic expert card are carried out according to the provisions of Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Ministry of Justice regarding the model, procedures, and formalities for issuing new and replacement judicial forensic expert cards.

Article 8. Authority, Procedures, and Formalities for Dismissing Judicial Forensic Experts and Revoking Their Cards

1. Cases of dismissal, dossiers for proposing dismissal of judicial forensic experts, and revocation of their cards are implemented according to the provisions of Article 10 of the Law on Forensic Identification.

2. The head of the agency or unit under the Ministry of Information and Communications prepares a dossier to propose the dismissal of judicial forensic experts and the revocation of their cards and submits it to the Department of Organization and Cadres.

The Director of the Department of Organization and Cadres takes the lead, coordinates with the Director of the Legal Department to review the dossier, and submits it to the Minister of Information and Communications for consideration and decision on dismissing judicial forensic experts and revoking their cards at the Ministry of Information and Communications.

3. The Director of the Department of Information and Communications agrees with the Director of the Department of Justice, prepares a dossier, and submits it to the Chairman of the Provincial People's Committee for consideration and decision on dismissing judicial forensic experts and revoking their cards at the local level.

Article 9. Establishment and publication of lists of judicial appraisers, case-specific judicial appraisers, and case-specific judicial appraisal organizations

1. Establishment and publication of list of judicial appraisers:

a) For judicial appraisers appointed by the Minister of Information and Communications:

- Annually, the Cadre and Civil Servant Department shall establish and send the list of judicial appraisers to the Information Center for posting on the Ministry's electronic portal, and simultaneously send it to the Ministry of Justice to compile a consolidated list.

- The Information Center shall be responsible for posting the list of judicial appraisers on the Ministry's electronic portal within three days from the date of receipt of the list.

b) For judicial appraisers in the field of information and communications appointed by the Chairman of the Provincial People's Committee:

Annually, the Department of Information and Communications shall be responsible for establishing and sending the list of judicial appraisers for posting on the Provincial People's Committee's electronic portal.

2. Establishment and publication of list of case-specific judicial appraisers and case-specific judicial appraisal organizations

a) Based on the actual needs of forensic examination in litigation activities, the heads of units under the Ministry of Information and Communications shall select individuals who meet the criteria stipulated in Article 18 of the Law on Judicial Appraisal, coordinate with the Cadre and Civil Servant Department and the Legal Affairs Department to prepare a dossier requesting the Minister of Information and Communications to recognize case-specific judicial appraisers; the head of the Cadre and Civil Servant Department shall take the lead, coordinating with the head of the Legal Affairs Department to select specialized units that meet the conditions stipulated in Clause 1, Article 19 of the Law on Judicial Appraisal and Article 5 of this Circular to request the Minister of Information and Communications to recognize case-specific judicial appraisal organizations.

The Cadre and Civil Servant Department shall send the list along with the information for publication about case-specific judicial appraisers and case-specific judicial appraisal organizations to the Information Center for posting on the Ministry's electronic portal according to Article 24 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 and Clause 6, Article 1 of Decree No. 157/2020/NĐ-CP of the Government, and simultaneously send it to the Ministry of Justice to compile a consolidated list.

b) Based on the actual needs of forensic examination in litigation activities at the local level, the Director of the Department of Information and Communications shall review and select individuals who meet the criteria stipulated in Article 18 of the Law on Judicial Appraisal, specialized units that meet the conditions stipulated in Clause 1, Article 19 of the Law on Judicial Appraisal and Article 5 of this Circular, coordinating with the Director of the Department of Justice to request the Provincial People's Committee to recognize case-specific judicial appraisers and case-specific judicial appraisal organizations.

The Department of Information and Communications shall be responsible for assisting the Provincial People's Committee in establishing and publishing the list of case-specific judicial appraisers and case-specific judicial appraisal organizations in the field of information and communications under its jurisdiction for posting on the Provincial People's Committee's electronic portal.

c) Revocation of recognition of case-specific judicial appraisers and case-specific judicial appraisal organizations

Annually, subordinate agencies and units under the Ministry/Department of Information and Communications shall be responsible for reviewing the list of case-specific judicial appraisers under their management. In cases where it is found that a case-specific judicial appraiser no longer meets the criteria stipulated in Clause 1 and Clause 2, Article 18 of the Law on Judicial Appraisal, they shall submit a written request to the Legal Affairs Department/Department of Justice to revoke recognition.

The Legal Affairs Department shall take the lead, coordinating with the Cadre and Civil Servant Department/Department of Information and Communications to coordinate with the Department of Justice to compile a list of case-specific judicial appraisers who no longer meet the conditions, and tally case-specific judicial appraisal organizations that no longer meet the conditions stipulated in Clause 1, Article 19 of the Law on Judicial Appraisal, and submit them to the leadership of the Ministry/Chairman of the Provincial People's Committee for a decision to revoke recognition.

Chapter III

PROCEDURE FOR APPOINTING PERSONS TO PARTICIPATE IN JUDICIAL APPRAISAL AND FORMATION OF THE JUDICIAL APPRAISAL BOARD; APPLICATION OF SPECIALIZED STANDARDS, APPRAISAL FEES, AND JUDICIAL APPRAISAL SUPPORT REGIME

Article 10. Procedures for appointing persons to participate in forensic appraisal

1. At the Ministry of Information and Communications:

a) In cases where the Ministry of Information and Communications receives requests for forensic appraisal within the scope of its administrative management, the Head of the Legal Department shall take the lead, coordinate with the Head of the Cadre and Civil Servant Organization Department and the heads of relevant agencies and units to select forensic appraisers and forensic experts according to the case, organize a forensic appraisal according to the case content, propose the form of individual or collective appraisal as stipulated in Article 28 of the Law on Forensic Appraisal, and submit to the Ministry's leadership for decision on appointing persons to conduct the appraisal and the form of appraisal for the requested contents.

In cases where the request for forensic appraisal does not fall within the scope of administrative management of the Ministry of Information and Communications, the Head of the Legal Department shall submit to the Ministry's leadership regarding the refusal to accept the forensic appraisal and respond to the requesting agency.

b) In cases where agencies and units under the Ministry receive requests for forensic appraisal within their jurisdiction, the heads of these agencies and units are responsible for accepting such requests and assigning persons to conduct forensic appraisal in accordance with the law, and reporting to the Ministry's leadership on the results of the appraisal.

2. At the Provincial Departments of Information and Communications:

a) In cases where the Provincial Department of Information and Communications receives requests for forensic appraisal within the scope of its administrative management, the Director of the Provincial Department of Information and Communications shall select forensic appraisers and forensic experts according to the case content, decide on the form of individual or collective appraisal as stipulated in Article 28 of the Law on Forensic Appraisal, and issue a document to the requesting agency to notify the list of persons assigned to conduct the appraisal and the form of appraisal for the requested contents.

b) In cases where the content of the appraisal does not fall within the scope of administrative management of the Provincial Department of Information and Communications, the Director of the Provincial Department of Information and Communications shall be responsible for refusing the forensic appraisal and responding in writing to the requesting agency.

3. Organizations and individuals assigned to conduct forensic appraisal are responsible for accepting the content of the request for forensic appraisal, organizing the appraisal, concluding on the appraisal contents, and responding to the requesting agency for forensic appraisal in accordance with the law. If they find themselves unable to conduct the assigned appraisal contents, organizations and individuals assigned to conduct forensic appraisal must refuse in writing. The refusal document shall be sent to the person assigning the task and the requesting agency.

Article 11. Establishment of the Appraisal Board

1. Conditions for establishing the Appraisal Board:

a) An Appraisal Board in the field of information and communications shall be established in cases prescribed in Article 30 of the Law on Forensic Appraisal.

b) The Appraisal Board in the field of information and communications shall be established by the Minister of Information and Communications.

2. Establishing the Appraisal Board:

a) The Head of the Legal Department shall take the lead, coordinate with the Head of the Cadre and Civil Servant Organization Department to select forensic appraisers and forensic experts according to the case content suitable for the request for forensic appraisal, complete the dossier, and submit it to the Minister for decision on establishing the board.

b) The composition, number of members, and operational mechanism of the Appraisal Board shall be implemented in accordance with Article 30 of the Law on Forensic Appraisal.

Article 12. Application of professional standards for judicial appraisal activities; costs of judicial appraisal and the system of allowances for judicial appraisers

1. Professional standards applied to judicial appraisal activities in the field of information and communication shall be national technical standards in the field of information and communication as prescribed in Article 3 of this Circular and other relevant documents issued by competent authorities related to the content to be appraised.

2. Costs of judicial appraisal in the field of information and communication shall be collected and expended in accordance with the provisions of Ordinance No. 02/2012/UBTVQH13 dated March 28, 2012 of the Standing Committee of the National Assembly on appraisal costs, valuation costs; costs for witnesses and interpreters in litigation; detailed implementing regulations and other relevant legal provisions.

The allowance system for judicial appraisers in the field of information and communication shall be implemented in accordance with the provisions of Article 25 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government guiding the implementation of the Law on Judicial Appraisal and Decision No. 01/2014/QĐ-TTg of the Prime Minister promulgating the allowance system for judicial appraisers.

Chapter IV

ACCEPTANCE OF REQUESTS, PROCEDURES, AND TIME LIMITS FOR IMPLEMENTING JUDICIAL APPRAISAL IN THE FIELD OF INFORMATION AND COMMUNICATION

Article 13. Acceptance of requests and requirements for appraisal

1. Provincial Departments of Information and Communications, case-specific judicial appraisal organizations, judicial appraisers, or other specialized individuals and organizations at the local level shall be responsible for examining and accepting requests and conducting appraisals within their locality upon request from competent authorities conducting criminal proceedings at the district, provincial, and central levels.

The Provincial Department of Information and Communications shall assign its affiliated units to examine and advise on the initial acceptance of appraisal requests from its own agency; issue a document to accept, assign personnel to conduct the appraisal, or refuse to conduct the appraisal within five working days from the date of receipt of the decision requesting the appraisal from the competent authority conducting criminal proceedings.

Upon being requested for an appraisal, case-specific judicial appraisal organizations, judicial appraisers, or specialized individuals and organizations in the field of information and communication at the local level shall be responsible for examining and advising on the acceptance of the appraisal request from their organization or unit, or refusing to conduct the appraisal within five working days from the date of receipt of the decision requesting the appraisal from the competent authority conducting criminal proceedings.

In cases where they are required to conduct an appraisal according to the Law on Judicial Appraisal, specialized individuals and organizations at the local level shall be responsible for examining and advising on the acceptance of the appraisal request from their organization or unit, or refusing to conduct the appraisal within five working days from the date of receipt of the document requesting the appraisal from the parties involved in the litigation as stipulated by law.

2. The Ministry of Information and Communications, case-specific judicial appraisal organizations, specialized units, and judicial appraisers under the Ministry of Information and Communications shall be responsible for accepting and conducting appraisals upon request from competent authorities conducting criminal proceedings at the central level.

The Minister of Information and Communications shall assign the Legal Affairs Department to be the lead unit to examine and advise on the initial acceptance of appraisal requests from its own agency. Within one working day from the date of receipt of the decision requesting the appraisal from the competent authority, the Legal Affairs Department shall be responsible for proposing the leadership of the Ministry to assign tasks to appropriate specialized units to study and advise specifically on the acceptance or refusal to conduct the appraisal; in cases where the content of the appraisal request involves multiple specialized units, it must clearly identify the leading unit and the cooperating unit in advising on the acceptance of the request, conducting the appraisal, or refusing the request for an appraisal.

Within two working days from the date of receipt of the assignment from the leadership of the Ministry of Information and Communications, the assigned specialized unit shall be responsible for leading and coordinating with related units to advise and submit to the leadership of the Ministry a specific plan regarding the acceptance of the request or the refusal to conduct the appraisal. If accepting the appraisal request, a draft document assigning personnel to conduct the appraisal must be attached.

The leadership of the Ministry of Information and Communications shall examine and decide on the acceptance of the appraisal request or the refusal to conduct the appraisal within two working days from the date of receipt of the submission form.

In cases where they are directly requested for an appraisal, the heads of case-specific judicial appraisal organizations or specialized units under the Ministry of Information and Communications shall be responsible for assigning units or civil servants with appropriate expertise to examine and advise on the acceptance of the request or the refusal to conduct the appraisal within their agency or unit within five working days from the date of receipt of the decision requesting the appraisal from the competent authority conducting criminal proceedings.

3. In cases where they are specifically named in the request, civil servants and officials in the field of information and communication shall be responsible for examining and accepting the request, conducting judicial appraisal, and reporting to the head of their supervising agency or organization to create conditions for the implementation of the appraisal; or refusing to conduct the appraisal within five working days from the date of receipt of the decision requesting the appraisal from the competent authority conducting criminal proceedings.

Article 14. Refusal to Accept and Conduct Forensic Appraisal

1. Individuals, agencies, organizations, and units specified in Article 13 of this Circular have the right to refuse to accept and conduct forensic appraisal in cases stipulated in Clause 2, Article 11, Point b, Clause 1, Article 24, and Article 34 of the Law on Forensic Appraisal (amended and supplemented in 2020), or when the content of the request for forensic appraisal does not fall within the field of information and telecommunications as provided in Article 3 or does not comply with the provisions of Article 13 of this Circular.

2. The refusal to conduct forensic appraisal must be in writing and specify the reasons for refusal within five working days from the date of receipt of the decision requesting forensic examination or the document requesting forensic appraisal.

Article 15. Procedure for Forensic Appraisal in the Field of Information and Telecommunications

1. Forensic appraisal according to requests in the field of information and telecommunications shall be carried out in accordance with the following procedure:

a) Handover of files, objects subject to forensic examination or request for forensic appraisal;

b) Preparation for forensic examination;

c) Conducting forensic examination;

d) Concluding forensic examination;

đ) Delivering the conclusion of forensic examination;

e) Establishing, storing, and preserving the forensic examination file;

2. Along with this Circular, a schematic diagram of the forensic examination procedure in the field of information and telecommunications (Annex I) is issued.

Article 16. Handover of Files and Objects Subject to Forensic Examination Request

1. Individuals and organizations conducting forensic examination cooperate with those requesting forensic examination to hand over and receive files, objects subject to forensic examination, information, documents, items, specimens (if any).

2. The handover and receipt of files, objects subject to forensic examination, information, documents, items, specimens (if any) shall be conducted directly or through postal services (with signed handover or delivery receipts) and must be recorded in a protocol according to the form prescribed in Article 23 of this Circular.

3. In cases where files, objects subject to forensic examination, information, documents, items, specimens (if any) are sealed, before opening, a thorough check of the seal must be made and a protocol for opening the seal must be established according to the form prescribed in Article 23 of this Circular. Individuals and organizations conducting forensic examination have the right to refuse to accept if they discover that the seal has been torn or shows signs of tampering.

Article 17. Preparation for Forensic Examination

1. Based on the content of the request for forensic examination and accompanying files, objects subject to forensic examination, information, and documents, the person conducting the forensic examination will preliminarily determine the professional content and tasks to be performed; request the person requesting forensic examination to provide additional files, objects subject to forensic examination, information, and documents necessary for the forensic examination in cases where they have not been fully provided.

2. The person conducting the forensic examination establishes a forensic examination outline, and if necessary, sends it for comments from the person requesting forensic examination. Within two working days from the date of receipt of the document, the person requesting forensic examination is responsible for sending a reply document regarding the forensic examination outline.

The forensic examination outline includes the following basic contents:

a) Object or content to be examined and scope of examination; estimated time to complete the examination;

b) Determination of methods for conducting the examination and applicable professional standards;

c) Determination of details to be verified or surveyed related to the object of examination to serve the examination (if necessary);

d) Estimating the equipment, materials, tools to be used (if any);

đ) Estimating the costs required for the implementation of the appraisal; advance payment and settlement of appraisal costs;

e) Other necessary conditions for conducting the examination.

3. Individuals and organizations conducting forensic examination establish a file requesting advance payment for examination costs and send it to the person requesting forensic examination. The person requesting forensic examination is responsible for reviewing and implementing the advance payment according to the request for the organization or individual conducting the forensic examination in accordance with the law.

Article 18. Conducting forensic examination

1. The conduct of forensic examination in the field of information and communication shall be carried out as follows:

a) Studying and analyzing the request file, the object to be examined, and the materials and information provided by the requesting party for the examination;

b) Clearly identifying the object and the specialized contents that need to be reviewed and evaluated;

c) Conducting surveys or verifying issues that are necessary but cannot be provided with documentation or information by the requesting party (if applicable);

d) Comparing and contrasting the issue or object to be examined with the relevant professional standards;

đ) Providing specific and clear professional opinions on the issue or object to be examined according to the request;

e) Drafting and issuing the appraisal conclusion;

g) Preparing the appraisal file.

2. During the process of conducting the examination, the forensic examiner may use the opinions or conclusions from other individuals or organizations to assist in the examination.

3. During the process of conducting the examination, if new content or other issues arise, the individual or organization conducting the examination must immediately notify the requesting party in writing and reach an agreement on the resolution plan.

4. The person conducting the examination must prepare a document recording the entire examination process in accordance with Article 31 of the Law on Forensic Examination (amended and supplemented in 2020) and in accordance with the form prescribed in Article 23 of this Circular.

Article 19. Examination Conclusion

1. The examination conclusion in the field of information and communication shall be prepared in accordance with the form prescribed in Article 23 of this Circular.

2. In cases where the forensic examiner is specifically requested, the examination conclusion shall bear the signature and full name of the forensic examiner.

3. In cases where the agency, organization, or unit specified in Article 13 of this Circular is requested to conduct an examination, in addition to the signature and full name of the examiner, the examination conclusion must also bear the signature and stamp of the head of the agency, unit, or organization. The agency, organization, or unit requested to conduct the examination shall be responsible for its forensic examination conclusion.

In cases where the Ministry of Information and Communications is requested to conduct an examination, the Minister of Information and Communications shall instruct the head of the specialized unit related to the examination to sign on behalf of the Minister and affix the stamp of the Ministry of Information and Communications on the examination conclusion.

In cases where the Department of Information and Communications is requested to conduct an examination, the Director of the Department of Information and Communications or the Deputy Director authorized by the Director shall sign and affix the stamp of the Department of Information and Communications on the examination conclusion.

4. In cases where the Examination Council specified in Article 11 of this Circular conducts an examination, the Minister of Information and Communications shall instruct the head of the specialized unit related to the examination to sign on behalf of the Minister on the examination conclusion.

In cases where the head of the specialized unit has conducted the examination as the Head of the Examination Team or Chairperson of the Examination Council, the Minister of Information and Communications shall instruct the Director of the Ministry's Office to sign on behalf of the Minister on the examination conclusion.

5. Upon completion of the examination conclusion, the organization or individual conducting the forensic examination, or the Examination Council, shall prepare a file requesting the agency or person requesting the examination to pay the costs required for the examination in accordance with the law on examination costs.

Article 20. Delivery of Appraisal Conclusions

1. Individuals and organizations conducting appraisals must send the appraisal conclusion to the requesting agency or person immediately after issuance and retain the appraisal file. The appraisal conclusion may be delivered directly to the requesting agency or through postal service.

2. In cases of direct delivery, the appraiser shall proceed with delivering the appraisal conclusion as follows:

a) Contact and notify the requesting agency or person to come and receive the appraisal conclusion and return the object of appraisal if it falls under the circumstances stipulated in Clause 4 of this Article;

b) Check the Introduction Letter and personal identification documents (police identification card or citizen identity card...) of the person receiving the appraisal conclusion and the object of appraisal;

c) Deliver one copy of the appraisal conclusion;

d) Inspect, seal, and hand over the object of appraisal (if applicable).

3. In cases of delivery through postal service, the appraiser shall proceed with delivering the appraisal conclusion as follows:

a) Inspect, package, and seal one copy of the appraisal conclusion and the object of appraisal to be returned if it falls under the circumstances stipulated in Clause 4 of this Article;

b) Send the appraisal conclusion and the object of appraisal through postal service (with signature for receipt or sending slip).

4. In cases where the object of appraisal is evidence in a case or when necessary according to a written request from the requesting party, individuals and organizations conducting appraisals shall return the object of appraisal after completing the appraisal. The handover and receipt of the object of appraisal must be recorded in a protocol according to the form prescribed in Article 23 of this Circular.

Article 21. Establishment, Preservation, and Storage of Appraisal Files

1. Appraisal files in the field of information and communication, belonging to the group of files for resolving cases in professional management activities, shall be established, preserved, and stored in accordance with the provisions of the Appraisal Law (amended and supplemented in 2020), laws on archives and records, and regulations of the agencies or units conducting appraisals.

2. The appraiser is responsible for establishing the appraisal file, which includes the following main documents:

a) Decision on Requesting Appraisal, Decision on Supplemental Request for Appraisal (if any), Decision on Re-requesting Appraisal (if any), and the object of appraisal, related information, documents, items, or comparison samples (if any);

b) Document assigning or appointing persons to conduct judicial appraisals, Decision on Establishing the Appraisal Team, or Decision on Establishing the Appraisal Board;

c) Protocol on handing over and receiving the requested file and the object of appraisal; protocol on opening sealed files, documents, and items;

d) Appraisal outline (if any);

đ) Document recording the process of conducting the appraisal;

e) Previous appraisal conclusions or opinions, specialized conclusions made by other organizations or individuals (if any); Appraisal photographs (if any);

g) Files, documents, vouchers related to the use of services serving forensic appraisal (if any);

h) Judicial Appraisal Conclusion;

i) Protocol on handing over and receiving the appraisal conclusion; returning the object of appraisal (if any);

k) Other relevant documents concerning the appraisal (if any).

3. Within one month from the date of completing the appraisal, the appraiser is responsible for transferring the appraisal file to the competent agency, organization, or unit for safekeeping and preservation in accordance with the provisions of Clause 1 of this Article.

The appraisal file of the Appraisal Team shall be transferred to the unit having the member appointed as the Team Leader.

The appraisal file of the Appraisal Board shall be transferred to the unit having the member serving as the Chairman of the Board.

The agency, organization, or unit receiving the transfer of the judicial appraisal file shall be responsible for preserving and storing the file in accordance with the law on archives and the regulations of the Ministry of Information and Communications.

The organization of transferring, preserving, and storing documents for local appraisal cases shall comply with local regulations and relevant laws.

4. The judicial appraisal file may be accessed and utilized as follows:

a) The agency, organization, or unit receiving the transfer of the judicial appraisal file as stipulated in Clause 3 of this Article shall be responsible for presenting the judicial appraisal file upon request by authorized agencies conducting litigation proceedings or state management agencies.

b) Persons who have conducted judicial appraisals may access and utilize the judicial appraisal file to serve their participation in litigation proceedings at the request of authorized agencies conducting litigation proceedings or the requesting party.

c) Other cases as prescribed by relevant laws.

Article 22. Time limit for forensic examination

The time limit for forensic examination in the field of information and communication shall be implemented in accordance with the provisions of Article 26a of the Law on Forensic Examination (amended and supplemented in 2020). The time limit for each step in the forensic examination process is specified in the forensic examination process diagram in the field of information and communication (Annex I) issued together with this Circular.

Article 23. Forms of forensic examination documents in the field of information and communication

This Circular issues 11 forms of forensic examination documents in the field of information and communication (Annex II).

Chapter V

RESPONSIBILITY AND IMPLEMENTATION PROVISIONS

Article 24. Responsibilities of agencies and units in forensic examination activities in the field of information and communication

1. The Legal Affairs Department is the main unit assisting the Minister of Information and Communications to organize the implementation of forensic examination work in the field of information and communication, and has the responsibility to:

a) Take the lead and coordinate with relevant specialized agencies or related agencies to organize the dissemination and popularization of laws on forensic examination, training, and legal knowledge enhancement for forensic examiners in the field of information and communication;

b) Conduct mid-term reviews, summaries, evaluations, and report on forensic examination activities in the field of information and communication according to the requirements of the Ministry of Justice;

c) Take the lead and coordinate with the Cadre and Civil Servant Organization Department to guide and inspect the implementation of this Circular;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law;

d) Other tasks as prescribed in this Circular.

2. Responsibilities of specialized units under the Ministry of Information and Communications:

a) Advising and proposing content or guidelines for applying professional standards in forensic examination activities, the implementation of forensic examinations in specialized fields or areas within their functional scope;

b) Build human resources for forensic examination within their management scope;

c) Prepare and be responsible for the content and materials for training and enhancing knowledge on forensic examination in their professional fields within their functional scope;

d) Coordinate with the Legal Affairs Department and related agencies to organize training and enhance legal and forensic examination knowledge for the team of forensic examiners in the field of information and communication;

đ) Organize the implementation of the establishment, preservation, and storage of forensic examination files;

e) Propose rewards for forensic examiners under their own units;

g) Implement information and reporting as stipulated in this Circular;

h) Perform other tasks as prescribed in this Circular.

3. Complaints and denunciations regarding forensic examination at the Ministry of Information and Communications shall be handled in accordance with the law on handling complaints and denunciations.

4. Departments of Information and Communication assist provincial People's Committees in managing forensic examination work in the field of information and communication at the local level and have the responsibility to:

a) Assign units to act as the main liaison units to assist the Department in managing forensic examination work in the field of information and communication within their jurisdictional authority;

b) Take the lead and coordinate with related agencies in organizing the enhancement of legal knowledge for forensic examiners in the field of information and communication at the local level;

c) Inspect and handle complaints and denunciations regarding forensic examination within their authority;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law;

đ) Annually report to the Ministry of Information and Communications (through the Legal Affairs Department) and the provincial People's Committee about the organization and activities of forensic examination within their professional management scope at the local level.

Article 25. Effective Date

1. This Circular shall take effect from February 15, 2025.

2. The following documents shall cease to be effective from the date this Circular takes effect:

a) Circular No. 24/2013/TT-BTTTT dated December 27, 2013, issued by the Minister of Information and Communications, stipulating forensic examination in the field of information and communication.

b) Circular No. 25/2013/TT-BTTTT dated December 27, 2013, issued by the Minister of Information and Communications, stipulating forensic examination case files and forensic examination forms in the field of information and communication.

3. During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to reflect them to the Ministry of Information and Communications (through the Legal Affairs Department) for consideration, guidance, and resolution./.