Circular No. 28/2024/TT-BKHĐT guiding certain contents regarding judicial appraisal in the planning and investment sector.

CIRCULAR

Guidelines on certain aspects of forensic appraisal in the field of planning and investment

planning and investment

Pursuant to the Law on Forensic Expertise dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Expertise dated June 10, 2020;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Appraisal; Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Appraisal; the 12 year 2020 of the Government amending and supplementing some articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Judicial Appraisal;

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Legal Department;

The Minister of Planning and Investment issues this Circular guiding certain aspects of forensic appraisal in the field of planning and investment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards, files, procedures for appointing and dismissing forensic appraisers; issuing, revoking identification cards for forensic appraisers; establishing, announcing, and posting lists of forensic appraisers by case, individual forensic appraisers, organizations conducting forensic appraisals by case; technical standards, professional standards, procedures for conducting forensic appraisals in the field of planning and investment; accepting requests for forensic appraisals; files, conclusions of forensic appraisals; procedures for assigning individuals to participate in forensic appraisals, and other related matters concerning forensic appraisals in the field of planning and investment as prescribed in Article 1 of Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, organizational structure of the Ministry of Planning and Investment.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in forensic appraisal activities in the field of planning and investment.

Chapter II

FORENSIC APPRAISERS AND INDIVIDUAL FORENSIC APPRAISERS BY CASE IN THE FIELD OF PLANNING AND INVESTMENT

Article 3. Standards for appointing forensic examiners

Vietnamese citizens permanently residing in Vietnam who are selected and considered for appointment as forensic appraisers in the field of planning and investment must meet the criteria specified in Clause 1, Article 7 of the Law on Forensic Appraisal and not fall under the cases specified in Clause 2, Article 7 of the Law on Forensic Appraisal, including:

1. Good health and moral character;

2. Hold a bachelor's degree or higher from an educational institution in Vietnam as prescribed by law or from an educational institution abroad recognized for use in Vietnam;

3. Have at least five years of professional experience in the field of training, starting from the date of appointment to the rank of civil servant or public official in the field of planning and investment, consistent with the field of forensic appraisal.

Article 4. Files, Procedures, and Processes for Appointing and Issuing Identification Cards for Forensic Appraisers

1. The file for requesting the appointment of a forensic appraiser as prescribed in Article 8 of the Law on Forensic Appraisal and two passport-sized photographs (2cm x 3cm)taken within the six months prior to the request) of the person proposed for appointment as a forensic appraiser as prescribed in Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice regarding the format, procedures, and processes for issuing new and replacement identification cards for forensic appraisers.

2. Procedures and processes for appointing forensic appraisers at the Ministry of Planning and Investment:

a) The Legal Department sends a letter requesting subordinate agencies and units of the Ministry of Planning and Investment to select persons meeting the criteria specified in Article 3 of this Circular;

b) The head of subordinate agencies and units of the Ministry of Planning and Investment selects persons meeting the criteria specified in Article 3 of this Circular, prepares one set of files for requesting the appointment of a forensic appraiser as prescribed in Clause 1 of this Article, and submits it to the Cadre and Civil Servant Organization Department;

c) Within twenty days from the date of receiving a valid file as prescribed in Clause 1 of this Article and meeting the criteria specified in Article 3 of this Circular, the Cadre and Civil Servant Organization Department, in collaboration with the Legal Department, examines the file and reports to the Minister of Planning and Investment for decision on appointment and issuance of the identification card for the forensic appraiser. In case of refusal to appoint, the Cadre and Civil Servant Organization Department replies in writing and specifies the reasons to the agency or unit proposing the appointment of the forensic appraiser;

d) Based on the decision to appoint the forensic appraiser, the Cadre and Civil Servant Organization Department compiles a list of forensic appraisers and forwards it to the Information Technology and Digital Transformation Center for posting on the Ministry of Planning and Investment’s website, while also sending it to the Ministry of Justice for inclusion in the general list as prescribed.

3. Procedures and processes for appointing forensic appraisers at the local level:

The Department of Planning and Investment collaborates with the Department of Justice to examine and select persons meeting the criteria specified in Article 3 of this Circular, prepare files according to the provisions of Article 8 of the Law on Forensic Appraisal, and submit them to the Chairman of the Provincial People's Committee (hereinafter referred to as provincial level) for consideration and decision on the appointment of forensic appraisers in the field of planning and investment within their jurisdiction.

The list of forensic appraisers is posted on the website of the Provincial People's Committee and the Department of Planning and Investment, and simultaneously sent to the Ministry of Planning and Investment and the Ministry of Justice for inclusion in the general list of forensic appraisers as prescribed.

4. Issuance of identification cards for forensic appraisers:

a) The authority responsible for appointing forensic appraisers as prescribed in Clauses 2 and 3 of this Article has the authority to issue new and replacement identification cards for forensic appraisers in the field of planning and investment as prescribed;

b) The format, procedures, and processes for issuing new and replacement identification cards for forensic appraisers are carried out in accordance with Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice regarding the format, procedures, and processes for issuing new and replacement identification cards for forensic appraisers.

c) In case of reissuing the identification card due to changes in information recorded on the card, the list of forensic appraisers on the Ministry of Planning and Investment’s website and the Provincial People's Committee’s website must be updated, and simultaneously sent to the Ministry of Justice.

Article 5. Removal and Revocation of Judicial Appraisal Cards

1. Cases of removal and procedures for proposing removal of judicial appraisers shall be implemented in accordance with the provisions of Clause 1 and Clause 2 of Article 10 of the Law on Judicial Appraisal.

2. Procedures and formalities for removing and revoking the cards of judicial appraisers at the Ministry of Planning and Investment:

a) The head of agencies and units under the Ministry of Planning and Investment shall review and prepare the proposal for removal of judicial appraisers in accordance with the provisions of Clause 1 of this Article to submit to the Department of Organization and Cadres.

b) Within ten days from the date of receiving valid files, the Department of Organization and Cadres shall take the lead, coordinate with the Department of Legal Affairs to examine the files, report to the Minister of Planning and Investment for consideration and decision on the removal of judicial appraisers, revocation of their appraisal cards, and adjustment of the list of judicial appraisers to send to the Information Technology Center for publication on the Ministry's online portal, while sending to the Ministry of Justice to adjust the general list of judicial appraisers as prescribed.

3. Procedures and formalities for removing and revoking the cards of judicial appraisers at local levels:

The Department of Planning and Investment shall take the lead in reviewing and examining the proposals for removal of judicial appraisers in accordance with the provisions of Clause 1 of this Article and coordinate with the Department of Justice; within ten days from the date of receiving complete and valid files, report to the Chairman of the Provincial People's Committee for consideration and decision on the removal, revocation of the appraisal cards of judicial appraisers, and adjustment of the list of judicial appraisers on the online portal of the Provincial People's Committee, while sending to the Ministry of Planning and Investment and the Ministry of Justice to adjust the general list of judicial appraisers as prescribed.

Article 6. Individual Appraisers and Organizations Conducting Judicial Appraisals by Case

1. Individual judicial appraisers conducting appraisals by case shall be carried out in accordance with the provisions of Article 18 of the Law on Judicial Appraisal.

2. Organizations conducting judicial appraisals by case shall be carried out in accordance with the provisions of Article 19 of the Law on Judicial Appraisal.

Article 7. Establishment, Recognition, and Publication of Lists of Individual Judicial Appraisers and Organizations Conducting Judicial Appraisals by Case in the Field of Planning and Investment

1. The establishment and recognition of lists of individual judicial appraisers and organizations conducting judicial appraisals by case of the Ministry of Planning and Investment:

a) The head of agencies and units under the Ministry of Planning and Investment, based on the criteria for individual judicial appraisers by case and conditions for organizations conducting judicial appraisals by case stipulated in Article 6 of this Circular, shall be responsible for selecting and preparing lists accompanied by information about the appraisal specialty, experience, and professional and vocational capacity of individual judicial appraisers and organizations conducting judicial appraisals by case to submit to the Department of Legal Affairs for consolidation and review to send to the Department of Organization and Cadres.

b) The Department of Organization and Cadres shall take the lead, coordinate with the Department of Legal Affairs to consider and report to the Minister of Planning and Investment for decision on recognizing the lists of individual judicial appraisers and organizations conducting judicial appraisals by case.

c) After the Minister of Planning and Investment has made the decision to recognize the lists of individual judicial appraisers and organizations conducting judicial appraisals by case, the Department of Organization and Cadres shall send the lists accompanied by information about the appraisal specialty, experience, and professional and vocational capacity of individual judicial appraisers and organizations conducting judicial appraisals by case in the field of planning and investment to the Information Technology Center for publication on the Ministry of Planning and Investment's online portal, while sending to the Ministry of Justice to establish the general list as prescribed.

2. The establishment and recognition of lists of individual judicial appraisers and organizations conducting judicial appraisals by case at local levels:

The Department of Planning and Investment shall be responsible for taking the lead and coordinating with the Department of Justice to select and prepare lists of individual judicial appraisers and organizations conducting judicial appraisals by case that meet the criteria and conditions stipulated in Articles 7 and 8 of this Circular in the field of planning and investment under the management authority of the locality, to report to the Chairman of the Provincial People's Committee for recognition of the lists of individual judicial appraisers and organizations conducting judicial appraisals by case and publication on the Provincial People's Committee's online portal, while sending to the Ministry of Planning and Investment and the Ministry of Justice to establish the general list.

CHAPTER III

SELECTION OF INDIVIDUALS AND ORGANIZATIONS CONDUCTING JUDICIAL APPRAISALS; PROCEDURES FOR JUDICIAL APPRAISALS AND TIME LIMITS FOR JUDICIAL APPRAISALS IN THE FIELD OF PLANNING AND INVESTMENT

Article 8. Selection of individuals and organizations to conduct judicial expertise

1. The person requesting judicial expertise selects individuals and organizations conducting judicial expertise in the planning and investment field from the list published according to this Circular, suitable for the nature and requirements of the case requiring expertise.

In cases where it is not possible to select individuals and organizations conducting judicial expertise in the planning and investment field from the published list, the person requesting judicial expertise may propose the Planning and Investment Departments of provinces and centrally-administered cities or the Ministry of Planning and Investment to introduce individuals and organizations outside the published list that meet the prescribed standards and conditions, appropriate to the subject and content of the expertise.

2. In cases where the Ministry of Planning and Investment receives a request for judicial expertise from the requesting party, based on the provisions of Clause 1 of this Article and Article 20 of the Law on Judicial Expertise, the head of the agency or unit under the Ministry assigned to handle the request for expertise will propose the introduction of an expert and submit a report to the leadership of the Ministry for consideration and acceptance. If the request for expertise is rejected, there must be a written response stating the reasons.

3. In cases of requesting expertise at the local level, based on the provisions of Clause 1 of this Article and Article 20 of the Law on Judicial Expertise, the Planning and Investment Departments of provinces and centrally-administered cities receiving the decision to request expertise shall carry out procedures to appoint an expert and send a written notice to the requesting party. If the request for expertise is rejected, there must be a written response stating the reasons.

Article 9. Procedure for conducting judicial expertise

1. In cases where the request for expertise is directed to the Ministry of Planning and Investment and at the local level:

a) The request for judicial expertise is sent to the Ministry of Planning and Investment, the Legal Department reviews the content of the request and proposes relevant units to appoint judicial experts; the heads of units under the Ministry related to the request base on the content of the request to select suitable judicial experts according to the standards stipulated in this Circular within three working days, and issue a written notice appointing judicial experts to the Legal Department. If they do not appoint a judicial expert, they must state the reasons in accordance with the Law on Judicial Expertise and bear responsibility for their proposals.

After receiving the written notice of appointment of judicial experts from the units, the Legal Department compiles and submits to the Minister for comments on the appointment of judicial experts, while sending to the Cadre and Civil Servant Organization Department to implement according to the Minister's instructions, and issue a Decision appointing judicial experts as prescribed.

In cases where the unit does not issue a notice of appointment of a judicial expert, the Legal Department examines and may discuss again with the specialized department or advise the Ministry to send a notice to the requesting party to inform them of the non-appointment of a judicial expert and state the reasons.

b) Individuals and organizations requested to conduct expertise have the responsibility to accept the request for expertise along with the file and objects of the request to conduct the expertise, except in cases of refusal to conduct expertise or cases where judicial expertise cannot be conducted as prescribed in Article 34 of the Law on Judicial Expertise.

c) The handover of files, materials, and objects of the request for expertise must be recorded in a protocol according to Model I attached to this Circular and carried out according to the provisions of Article 27 of the Law on Judicial Expertise. Only materials related to the content and objects of the request for expertise are accepted.

d) When accepting objects to be examined, related materials, or comparison samples sent along (if any) in sealed condition, before opening, the seals must be checked. The process of opening the seals must involve the expert, the requesting party, and the witness (if any). Information and events related to the process of opening the seals must be recorded in the protocol and signed by all parties involved and witnesses according to Model II attached to this Circular.

đ) In cases of requesting expertise at the local level: Within five working days from the date of receipt of the decision to request expertise, the Planning and Investment Department issues a notice appointing an expert to the requesting party according to the Law on Judicial Expertise.

In cases of refusing to conduct expertise, the expert, individual, or organization requested to conduct expertise must send a written notice to the requesting party according to the Law on Judicial Expertise and state the reasons.

2. In cases where the request for expertise is directly made to General Departments, Bureaus, or equivalent agencies under the Ministry of Planning and Investment

The unit requested to conduct expertise bases on the content of the request for expertise to select individuals and organizations operating in the specialized field of the unit that meet the standards and conditions to conduct the requested judicial expertise, issuing or advising issuance of a notice appointing individuals and organizations to conduct the expertise and sending it to the requesting party within five working days from the date of receipt of the request for expertise, while also sending it to the Legal Department for monitoring.

3. Preparation for expertise:

a) The head of the unit with judicial experts arranges tasks for the appointed judicial experts (tasks at their own agency) to ensure the timely conduct of judicial expertise as prescribed.

b) The appointed judicial experts study relevant files and materials.

c) Individuals and organizations requested to conduct expertise cooperate with the requesting party to receive the transfer of files, objects of expertise, information, and materials (if the requesting party has not sent them along with the decision to request expertise). If further clarification is needed regarding the content of the request for expertise or the object of expertise, individuals and organizations requested to conduct expertise may send a written request to the requesting party to provide additional relevant information and materials.

4. Conducting expertise:

a) Individuals and organizations requested to conduct expertise examine the objects of expertise and related materials to conduct the expertise according to the content of the request.

b) The person conducting judicial appraisal shall have the responsibility to promptly, fully, and truthfully record the entire process of the appraisal and the results thereof in writing, which shall be kept in the appraisal file.

The document recording the process of conducting the appraisal shall follow the model set forth in Appendix III issued together with this Circular.

In cases where the assigned content of the appraisal does not fall within their functions and tasks during the conduct of the appraisal, the appraiser shall issue a written document to the person issuing the request for appraisal or the agency requesting the appraisal, specifying the reasons.

5. Appraisal conclusion:

Based on the results of judicial appraisal and relevant legal provisions, the organization or individual requested to conduct the appraisal shall issue the appraisal conclusion. The appraisal conclusion shall be carried out in accordance with Article 32 of the Law on Judicial Appraisal and following the model set forth in Appendix IV issued together with this Circular.

6. Handing over the appraisal conclusion:

The organization or individual requested to conduct the appraisal shall have the responsibility to hand over the appraisal conclusion to the requesting party. The handover record of the appraisal conclusion shall follow the model set forth in Appendix V issued together with this Circular.

7. Establishing the judicial appraisal file:

 Individuals and organizations conducting judicial appraisal in the field of planning and investment must establish the judicial appraisal file in accordance with the provisions of Article 33 of the Law on Judicial Appraisal. The judicial appraisal file in the field of planning and investment includes the following documents:

a) Decision requesting appraisal, decision requesting supplementary appraisal, decision requesting re-appraisal (if any), and accompanying information, documents, and objects (if any);

b) Document appointing individuals or organizations to conduct judicial appraisal;

c) Record of handover and receipt of files, documents, and objects (if any);

d) Document recording the process of conducting the appraisal;

đ) Decision establishing the Appraisal Board for the second re-appraisal (if any);

e) Appraisal conclusion, supplementary appraisal conclusion, re-appraisal conclusion (if any);

g) Other related documents (if any).

8. Storing the judicial appraisal file:

a) The preservation and storage of the judicial appraisal file shall be carried out in accordance with the provisions of Article 33 of the Law on Judicial Appraisal and the retention period regulations for files and documents of the Ministry of Planning and Investment.

b) The preservation and storage of the judicial appraisal file in the field of planning and investment at the Department of Planning and Investment shall be carried out in accordance with the provisions of Article 33 of the Law on Judicial Appraisal and the regulations or rules of the unit or the People's Committee of the province (if any).

9. Time limit for judicial appraisal in cases of requesting appraisal

a) The time limit for judicial appraisal shall be implemented in accordance with the provisions of Article 26a of the Law on Judicial Appraisal.

b) The maximum time limit for judicial appraisal in the field of planning and investment shall not exceed three months, except in cases stipulated in point c, d of this clause.

c) In cases where the appraisal matter involves two or more different appraisal contents in the field of planning and investment, or has complex nature, large volume of work, involving multiple agencies, organizations, or individuals, or dependent on the results of another agency, organization, or individual's appraisal, the maximum time limit for the appraisal shall not exceed four months.

d) The time limit for judicial appraisal may be extended in accordance with the provisions of Clause 3 of Article 26a of the Law on Judicial Appraisal.

Article 10. Supplementary Appraisal, Reappraisal, and Establishment of Judicial Appraisal Councils

1. Supplementary appraisal and reappraisal shall be carried out in accordance with the provisions of Article 29 of the Law on Judicial Appraisal.

2. Establishment of the Judicial Appraisal Council:

a) The Minister of Planning and Investment shall establish a Judicial Appraisal Council in the field of planning and investment in cases where there is a difference between the initial appraisal conclusion and the reappraisal conclusion regarding the same subject matter.

b) The establishment of a Judicial Appraisal Council in the field of planning and investment shall be carried out in accordance with the provisions of Article 30 of the Law on Judicial Appraisal.

The Legal Department shall issue a document to relevant units requesting the nomination of persons to participate in the judicial appraisal council; compile a list and report to the Minister for consideration while simultaneously sending it to the Cadre and Civil Servant Organization Department for advisory purposes, and to issue a decision of the Minister of Planning and Investment establishing the Judicial Appraisal Council according to the Minister's opinion.

The Judicial Appraisal Council operates under the collective appraisal mechanism stipulated in Clause 3 of Article 28 of the Law on Judicial Appraisal.

Chapter IV

APPLICATION OF PROFESSIONAL STANDARDS IN JUDICIAL APPRAISAL ACTIVITIES AND COSTS FOR JUDICIAL APPRAISAL IN THE FIELD OF PLANNING AND INVESTMENT

Article 11. Application of professional standards to judicial appraisal activities in the field of planning and investment

1. Professional standards applicable to judicial appraisal activities are national technical standards, standards, economic and technical norms, various types of procedures, and other norms issued by competent authorities in the field of planning and investment.

2. In areas without professional standards, the appraisal shall be based on legal normative documents regulating the area requiring appraisal.

3. Judicial appraisal activities in the field of planning and investment must be based on legal normative documents and professional standards that are effective at the time the incident occurred.

Article 12. Costs for implementing judicial appraisal in the field of planning and investment

Costs for implementing judicial appraisal in the field of planning and investment shall be implemented in accordance with the provisions of Article 36 of the Law on Judicial Appraisal and related laws.

Chapter V

RESPONSIBILITIES OF RELATED ORGANIZATIONS AND INDIVIDUALS

Article 13. Responsibilities of Units under the Ministry of Planning and Investment

1. Responsibilities of units having judicial appraisers, judicial appraisers by case:

a) Based on regulations concerning the criteria and conditions for appointment, removal, recognition, and revocation of recognition of judicial appraisers by case, propose to the Cadre and Civil Servant Organization Department to compile and submit to the Minister of Planning and Investment for consideration and decision on the appointment, removal of judicial appraisers, recognition, and revocation of recognition of judicial appraisers by case in the field of planning and investment;

b) Review and select organizations meeting the criteria and conditions to request the Minister of Planning and Investment to recognize them as judicial appraisal organizations by case in accordance with the Law on Judicial Appraisal and this Circular;

c) Assign judicial appraisers, judicial appraisers by case in accordance with the Law on Judicial Appraisal and this Circular;

d) Monitor progress, urge judicial appraisers, and create conditions for civil servants and employees of the unit to carry out appraisals;

đ) Review and compile a list of professional standards currently in use and publicly disclose them on the Ministry’s website, contributing to systematizing, updating, and enhancing consistency in applying appraisal bases;

e) Require civil servants and employees of the unit to hand over appraisal files and archive appraisal files when transferring jobs, retiring, or leaving work; send reports after completing the appraisal to the Legal Department for compilation;

g) Implement information and reporting systems for appraisal work to the Legal Department before the 15th day of the last month of each quarter or at any time for compilation;

h) Carry out tasks assigned in accordance with this Circular.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a) Take the lead and coordinate with units under the Ministry to implement the Law on Judicial Appraisal and this Circular;

b) Coordinate with the Cadre and Civil Servant Organization Department to advise the Minister of Planning and Investment on the appointment, issuance, removal, and recovery of judicial appraiser cards; recognition and revocation of recognition of judicial appraisers by case; establishment of the Judicial Appraisal Council in accordance with the Law on Judicial Appraisal and this Circular;

c) Take the lead and coordinate with relevant units to propose the assignment of judicial appraisers, judicial appraisers by case in accordance with the Law on Judicial Appraisal and this Circular based on the content of the judicial appraisal request;

d) Take the lead and coordinate with relevant units to implement inspections, surveys, urging the implementation of judicial appraisal work in the field of planning and investment;

đ) Take the lead and coordinate with relevant units to advise the Minister to organize inspections and monitor the enforcement of laws on judicial appraisal in the field of planning and investment.

3. Responsibilities of the Cadre and Civil Servant Organization Department:

a) Take the lead and coordinate with the Legal Department to advise the Minister of Planning and Investment on the appointment, issuance, removal, and recovery of judicial appraiser cards; recognition and revocation of recognition of judicial appraisers by case; establishment of the Judicial Appraisal Council in accordance with the Law on Judicial Appraisal and this Circular; submit to the Minister for decisions on assigning judicial appraisers;

b) Annually, based on the commendation proposals from relevant units, advise on the commendation of organizations and individuals who have made significant contributions to advisory and implementation work related to judicial appraisal;

c) Carry out tasks assigned in accordance with this Circular.

Article 14. Responsibilities of Provincial Departments of Planning and Investment

1. Shall be responsible before the provincial People's Committee for organizing and conducting judicial appraisal activities within the planning and investment sector at the local level; coordinate with the Department of Justice to advise and assist the provincial People's Committee in state management of judicial appraisals at the local level in accordance with the Law on Judicial Appraisal and this Circular.

2. Shall take the lead and coordinate with relevant units to advise the Chairman of the provincial People's Committee on appointing, issuing cards, relieving from duties, and revoking cards of judicial appraisers; recognizing and canceling recognition of lists of persons conducting judicial appraisals on a case-by-case basis and organizations conducting judicial appraisals on a case-by-case basis in accordance with the Law on Judicial Appraisal and this Circular.

3. Introduce individuals and organizations outside the published list that meet the prescribed standards and conditions, suitable for the subjects and contents of judicial appraisals.

4. Appoint judicial appraisers and conduct judicial appraisals in the planning and investment sector at the local level in accordance with regulations. Advise and implement tasks assigned in accordance with the Law on Judicial Appraisal and this Circular.

5. Take the lead and coordinate with related agencies in organizing legal knowledge training for judicial appraisers in the planning and investment sector at the local level.

6. Take the lead or coordinate with the Department of Justice in inspecting and supervising the implementation of laws on judicial appraisals, handling complaints and denunciations within their authority.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 15. Transitional Provisions

1. Judicial appraisers, persons conducting judicial appraisals on a case-by-case basis, and organizations conducting judicial appraisals on a case-by-case basis who have been appointed and announced prior to the effective date of this Circular, if they still meet the prescribed standards and conditions under the Law on Judicial Appraisal and this Circular, shall not need to reappoint judicial appraisers, recognize persons conducting judicial appraisals on a case-by-case basis, and organizations conducting judicial appraisals on a case-by-case basis in accordance with this Circular.

2. Decisions requesting judicial appraisals received and decisions appointing judicial appraisers issued before the effective date of this Circular but have not yet issued appraisal conclusions shall continue to be implemented in accordance with the request decision and the Law on Judicial Appraisal.

Article 16. Effective Date

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

2. This Circular replaces Circular No. 07/2014/TT-BKHĐT dated November 24, 2014 of the Ministry of Planning and Investment guiding certain contents regarding judicial appraisals in the planning and investment sector and Circular No. 12/2015/TT-BKHĐT dated October 27, 2015 of the Ministry of Planning and Investment guiding professional standards in judicial appraisal activities; procedures for appointing persons to participate in judicial appraisals and establishing judicial appraisal councils in the planning and investment sector.

3. In cases where normative legal documents referred to in this Circular are amended, supplemented, or replaced by other normative legal documents, the provisions of the amending, supplementing, or replacing documents shall apply.

4. During the implementation of this Circular, if there are difficulties, organizations and individuals are requested to report to the Ministry of Planning and Investment (through the Legal Department) for consideration and resolution.

 

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix I

MODEL OF RECORD OF HANDOVER OF CASE FILES AND OBJECTS OF JUDICIAL APPRAISAL REQUEST

(Annexed to Circular No. 28/2024/TT-BKHĐT dated December 31, 2024 of the Minister of Planning and Investment)

 

RECORD

HANDOVER OF CASE FILES AND OBJECTS OF JUDICIAL APPRAISAL REQUEST

Today, at... hours... day... month... year... at:... (2)

We include:

1. Representative of the agency requesting judicial appraisal:

+ Mr./Ms.... position...

+ Mr./Ms.... position...

2. Representative of... (3):

+ Mr./Ms.... position...

+ Mr./Ms.... position......

3. Witness (if any):

+ Mr./Ms.... (4)

Proceeding with the handover of case files and objects of judicial appraisal requests according to the requirements set out in the Decision Requesting Judicial Appraisal No.... (5) as follows:

…………………………………………………………………………………………..

(Note: Clearly record the name, type, number, code, date, month, year, summary of the content information, and condition of the documents and objects of appraisal being handed over.)

The record of handover of case files and objects of judicial appraisal requests has been read aloud to those named above and signed for confirmation by representatives; the record is made in two copies, each party retains one copy.

The handover was completed at... hours... day... /.../...

              ___________________

(1Name of agency/person receiving the request.June 2024;(2) Location of information and document handover.

(5) Number of the request document.

(3) Name of authority, unit, or expert receiving the request.

(4) Clearly record the full name, position, address of the witness.

MODEL OF RECORD OF OPENING SEALPursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;OPENING SEALJune 2024;b) Agencies assigned by Ministries and equivalent ministries to review environmental impact assessment reports and detailed environmental protection plans.

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix II

Today, at... hours... day... month... year... at:... (2)

(Annexed to Circular No. 28/2024/TT-BKHĐT dated December 31, 2024 of the Minister of Planning and Investment)

RECORD

1- Representative of the agency requesting judicial appraisal:

2- Representative of... (3):

We include:

3- Witness (if any):

+ Mr./Ms.... position...

+ Mr./Ms.... position...

Proceeding with the opening of sealed documents and objects of judicial appraisal requests according to the requirements set out in the Decision Requesting Judicial Appraisal No.... (5) as follows:

+ Mr./Ms.... position...

+ Mr./Ms.... position...

(Note: Clearly record the name, type, number, code, date, month, year, summary of the content information, and condition of the documents and objects of appraisal when opening the seal.)

+ Mr./Ms.... (4)

The record of opening the seal has been read aloud to those named above and signed for confirmation by representatives; the record is made in two copies, each party retains one copy.

…………………………………………………………………………………………

The opening of the seal was completed at... hours... day... /.../...

(2) Location of seal opening.

(3) Name of agency, unit, or individual conducting the appraisal.

___________________

(1Name of agency/person receiving the request.June 2024;(2) Location of information and document handover.

(5) Number of the request document for judicial appraisal.

MODEL OF DOCUMENT RECORDING THE PROCESS OF JUDICIAL APPRAISAL

(4) Clearly record the full name, position, address of the witness.

DOCUMENT RECORDING THE PROCESS OF IMPLEMENTATION OF JUDICIAL APPRAISAL

 

 

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix III

I/We include:...

(Annexed to Circular No. 28/2024/TT-BKHĐT dated December 31, 2024 of the Minister of Planning and Investment)

 

Implementing Decision No.... (3) regarding accepting the request and appointing persons to participate in judicial appraisal in the form of... (judicial appraisal by a group/judicial appraisal individually)

For the request of judicial appraisal... (4), the judicial appraiser(s)/members of the judicial appraisal group have conducted the appraisal of the required contents as recorded in the process as follows:

CONTENTS: (5)The document recording the process of implementing the judicial appraisal has been discussed, approved, and signed by the individual judicial appraiser(s)(in the case of individual judicial appraisal)

/the group of members of the judicial appraisal

(for the case of group judicial appraisal)and filed in the appraisal file (6)./(7)..., day... month... year...(for the case of collective appraisal)||| discuss, approve, jointly sign, and retain the appraisal file (6)./

(7) ..., day ..., month ..., year ...

SIGNATURE OF THE APPRAISER/APPRASERS OF THE COLLECTIVE APPRAISAL TEAM

(Sign and write full name)

 

(1) Name of the agency/Appraiser receiving the request for appraisal.

(2) Individual appraisal/collective appraisal.

(3) Name, type, number, code, date, month, year, and summary of the content of the received request for appraisal and the appointment of individuals to participate in judicial appraisal in either individual or collective form.

(4) Name, type, number, code, date, month, year, and summary of the content of the request for appraisal document.

(5) Record in detail the process of each day's appraisal; the tasks of each judicial appraiser in planning and investment, the person appointed to handle the case during the appraisal according to the requirements; the method of conducting the appraisal; conclusions and differing opinions on the subject of appraisal; time and location of the appraisal process on each specific day; the end date of the appraisal; the location where the appraisal conclusion is completed and other related issues that need to be recorded.

(6) The record of the appraisal process must be carried out daily throughout the entire appraisal process. Members participating in the appraisal on a given day shall directly record their opinions and sign to confirm them in the record of the day's appraisal process.

(7) Administrative location where the appraisal process takes place.

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix IV

MODEL OF JUDICIAL APPRAISAL CONCLUSION

(Annexed to Circular No. 28/2024/TT-BKHĐT dated December 31, 2024 of the Minister of Planning and Investment)

Model No. 1: Individual Appraisal

 JUDICIAL APPRAISAL CONCLUSION

CONTENTS ACCORDING TO THE REQUEST FOR APPRAISAL ... (2)

Pursuant to the Law on Judicial Appraisal 2012 (amended and supplemented in 2020); Circular No. .../2024/TT-BKHĐT dated .../.../202... of the Minister of Planning and Investment on judicial appraisal in the field of Planning and Investment;

Based on Decision No. ... (3) regarding the receipt of the request for appraisal and the Decision appointing individuals to participate in judicial appraisal in the form of individual appraisal for the request for appraisal ..., the appraiser has conducted the appraisal of the requested contents and concluded as follows:

1. Judicial Appraiser(write full name, position, working unit)

2. Name of organization/person requesting the appraisal:Request for appraisal document:

3. . Information identifying the subject of appraisal:

4. Time of receiving the request for appraisal document:

5. Content of the request for appraisal:

6. Method of conducting the appraisal:

7. Appraisal conclusion:

8First requested appraisal content

8.1. a) Legal basis

b) Current information from the file, subject of appraisal, information, documents, objects, samples

c) Observation and evaluation

d) Conclusion

đ) Other opinions (if any)

e) Documents attached to the appraisal conclusion (if any)

8.2. Second requested appraisal content

8.3. Third requested appraisal content...

b) Current information from the file, subject of appraisal, information, documents, objects, samples

c) Observation and evaluation

d) Conclusion

đ) Other opinions (if any)

e) Documents attached to the appraisal conclusion (if any)

8.2. Second requested appraisal content

. Time and location of conducting and completing the appraisal:

……

 

9The appraisal conclusion was completed on: ...

Location of completing the individual appraisal conclusion:

This appraisal conclusion consists of ... pages, made into ... copies with equal legal value and sent to:

- Requesting agency: 02 (two) copies;

- Archiving the appraisal file: 02 (two) copies.

SIGNATURE OF THE APRAISER

 

                                      (4)……on     Article 1. This Circular stipulates regulations on receiving citizens, handling and resolving complaints, reports, petitions, and reflections of the Ministry of Information and Communication including: citizen reception work; receipt, handling, and resolution of complaints, reports, petitions, and reflections; ensuring conditions for citizen reception, complaint resolution, petition resolution, reflection resolution; management of complaint and report resolution work and reporting systems.….. year…..
                                          (Signature and write full name)
                                       CONFIRMATION BY ... (1)

 

                                        ... confirms that the above signatures are those of the individual appraiser ... appointed for individual appraisal under Decision No. ... (3).

(Sign and write full name, stamp) (5)

 

___________________

(2) Number of the request for appraisal document.

(3) Decision on the receipt of the request for appraisal and the appointment of individuals to participate in judicial appraisal in the form of individual appraisal.Pursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;(4) Administrative location where the appraisal is carried out.

(5) Leader of the agency receiving the request for appraisal or the agency certifying signatures.Pursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;Collective Appraisal or Appraisal Council

APPRAISAL CONCLUSION

CONTENTS ACCORDING TO THE REQUEST ... (2)

 

 

Model Number 2:

Pursuant to Decision No. ... (3) on the receipt of the request for appraisal and the Decision appointing individuals to participate in judicial appraisal in the form of collective appraisal (or Appraisal Council) for the request for appraisal ..., the members of the collective appraisal team (or Appraisal Council) have conducted the appraisal of the requested contents and concluded as follows:

1. Judicial Appraisers:

(write full name of each appraiser or person handling the case)

Pursuant to the Law on Judicial Appraisal 2012 (amended and supplemented in 2020); Circular No. .../2024/TT-BKHĐT dated .../.../202... of the Minister of Planning and Investment on judicial appraisal in the field of Planning and Investment;

Request for appraisal document

. Information identifying the subject of appraisal:. Appraisal conclusion:

2. Name of organization/person requesting the appraisal:Request for appraisal document:

3. . Time and location of completing the appraisal::

4Location of completing the collective appraisal conclusion:This conclusion has been discussed, approved, signed by all members of the collective appraisal team (or Appraisal Council) and they bear equal responsibility before the law./.SIGNATURE OF THE MEMBERS OF THE COLLECTIVE APPRAISAL TEAM (or Appraisal Council)

5. Content of the request for appraisal:

6. Method of conducting the appraisal:

7. Appraisal conclusion:

8... confirms that the above signatures are those of the members appointed to participate in collective appraisal (or Appraisal Council) under Decision No. ... (3).

8.1. a) Legal basis

b) Current information from the file, subject of appraisal, information, documents, objects, samples

c) Observation and evaluation

d) Conclusion

đ) Other opinions (if any)

e) Documents attached to the appraisal conclusion (if any)

8.2. Second requested appraisal content

8.3. Third requested appraisal content...

b) Current information from the file, subject of appraisal, information, documents, objects, samples

c) Observation and evaluation

d) Conclusion

đ) Other opinions (if any)

e) Documents attached to the appraisal conclusion (if any)

8.2. Second requested appraisal content

. Time and location of conducting and completing the appraisal:

……

9) Name of the agency receiving the request for appraisal.

Location of completing the individual appraisal conclusion:

(2) Number of the request for appraisal document.

- Requesting agency: 02 (two) copies;

- Archiving the appraisal file: 02 (two) copies.

SIGNATURE OF THE APRAISER

Decision on the receipt of the request for appraisal and the appointment of individuals to participate in judicial appraisal in the form of collective appraisal (or Appraisal Council).

 

(4) Administrative location where the appraisal is carried out.

 and stamped)ýand clearly state name and surname)

... confirms that the above signatures are those of the individual appraiser ... appointed for individual appraisal under Decision No. ... (3).

(5) Leader of the agency receiving the request for appraisal or the agency certifying signatures.

 

___________________

(1MODEL OF HANDOVER DOCUMENT FOR JUDICIAL APPRAISAL CONCLUSION

HANDOVER OF JUDICIAL APPRAISAL CONCLUSION

(5) Leader of the agency receiving the request for appraisal or the agency certifying signatures.Pursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;- Pursuant to the Law on Judicial Appraisal 2012

Law amending and supplementing certain articles of the Law on Judicial Appraisal dated June 10, 2020 and related legal documents;ẽPursuant to Circular No. .../202.../TT-BKHĐT dated .../.../202... of the Ministry of Planning and Investment stipulating certain contents on judicial appraisal in the field of planning and investment;

- Pursuant to the Decision on Request for Appraisal No. ...;Today, at ... hours ... on ... day ... month ... year ... at: ... (2).

 

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix V

Handover of the appraisal conclusion of the case and supporting documents for the appraisal according to the Decision on Request for Appraisal includes:

(Annexed to Circular No. 28/2024/TT-BKHĐT dated December 31, 2024 of the Minister of Planning and Investment)

RECORD

- 02 (two) copies of the Appraisal Conclusion (equal legal value), each copy ... pages, fully signed by the members participating in the judicial appraisal in the form of ... (individual appraisal or collective appraisal), with confirmation stamped by ...

- Supporting documents attached to the Decision on Request for Appraisal ... (5); Law amending and supplementing some articles of the Law on JJune 2024;udicial Appraisal dated June 10, 2020 and related legal documents;

- Pursuant to Circular No.    /2024/TT-BKHĐT dated     month     year 2024 of the Ministry of Planning and Investment stipulating certain contents regarding judicial appraisal in the field of planning and investment;

- Based on the Request for Appraisal Decision No. ...;

- ……………;

Today, at hour ... day ... month ... year ... at: ... (2)

We include:

1. Representative of the agency requesting judicial appraisal:

+ Mr./Ms.... position...

+ Mr./Ms.... position...

2. Representative of... (3):

+ Mr./Ms.... position...

+ Mr./Ms.... position......

3. Witness (if any):

+ Mr./Ms.... (4)

Proceed to hand over the appraisal conclusion of the case and materials serving the appraisal according to the Request for Appraisal Decision including:

- 02 (two) copies of the Appraisal Conclusion (having equal legal value), each copy ... pages, fully signed by all members participating in the judicial appraisal in the form ... (individual appraisal or collective appraisal), with confirmation stamped by ...

- Documents attached to the Request for Appraisal Decision ... (5)

The handover of the Appraisal Conclusion and appraisal supporting documents concluded at ... ...hours on the same day; the minutes were prepared in two (2) copies, each having equal legal force, read aloud to both parties present for their hearing and mutual agreement to sign and confirm, with each party retaining one (1) copy.

 

___________________

(1) Name of the agency/person receiving the request for appraisal.

(5) Number of the request document.

(3) Name of authority, unit, or expert receiving the request.

(4) Clearly record the full name, position, address of the witness.

(5) Name, type, number, code, date, month, year, and summary of the content of the information and documents.