Consolidated Document number 293/VBHN-BTP detailing and implementing measures for the Law on Forensic Appraisal.

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 293/VBHN-BTP	Hanoi, February 2, 2021

DECREE

DETAILING AND ENFORCING THE LAW ON LEGAL APPRAISALS

Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and enforcing the Law on Legal Appraisals, which took effect from September 15, 2013, has been amended and supplemented by:

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 enforcing the Law on Legal Appraisals, which took effect from January 1, 2021.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

On the basis of the Ordinance on Costs for Legal Appraisals, Valuations; Costs for Witnesses and Interpreters in Litigation dated March 28, 2012;

At the proposal of the Minister of Justice;

The Government promulgates this Decree detailing and enforcing the Law on Legal Appraisals[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

[2]

This Decree stipulates the organization, functions, and tasks of public legal appraisal organizations; the establishment and registration of operation of Legal Appraisal Offices; preferential policies for Legal Appraisal Offices; decisions to recognize individual legal appraisers and legal appraisal organizations on a case-by-case basis; the tasks and authorities of ministries, ministerial-level agencies, central government agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government (hereinafter collectively referred to as provincial People's Committees) over legal appraisal activities.

Chapter II

PUBLIC LEGAL APPRAISAL ORGANIZATIONS

Article 2. Public Legal Appraisal Organizations

1. Public Legal Appraisal Organizations conduct legal appraisals upon requests from requesting parties according to the provisions of the Law on Legal Appraisals and perform non-litigious legal appraisal services at the request of individuals and organizations.

The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries and ministerial-level agencies shall specify the implementation of non-litigious legal appraisal services by public legal appraisal organizations within their respective sectors.

2. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries and ministerial-level agencies shall specify the working system of public legal appraisal organizations within their respective sectors to ensure timely acceptance and execution of legal appraisals.

Article 3. The National Forensic Institute under the Ministry of Health

1. The National Forensic Institute performs the following functions and tasks:

a) Conduct forensic appraisals in accordance with procedural laws and the Law on Legal Appraisals;

b)[3] Develop forensic appraisal procedures and standards to be submitted to the Minister of Health for issuance;

c) Develop programs, materials, and organize, guide professional training in forensic science;

d) Guide, direct, and inspect forensic science operations across the country in accordance with the regulations of the Ministry of Health;

đ) Conduct scientific research in forensic science;

e) Carry out international cooperation activities in forensic science in accordance with the regulations of the Ministry of Health;

g) Summarize and report annually to the Ministry of Health and the Ministry of Justice on the organization and operation of forensic appraisals, proposing measures to improve the effectiveness of forensic appraisal activities;

h) Other tasks as prescribed by the Minister of Health.

2. The National Forensic Institute has a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic appraisal must be legal appraisers. The Director and Deputy Directors of the National Forensic Institute are appointed by the Minister of Health.

3. The National Forensic Institute is a public service unit operating in accordance with the Law on Legal Appraisals, this Decree, and other relevant laws.

Article 4. Provincial Forensic Science Center

1. The Provincial Forensic Science Center shall perform the following functions and tasks:

a) Conduct forensic appraisals in accordance with procedural laws and the Law on Legal Appraisals;

b) Conduct scientific research in forensic science;

c) Report to the Department of Health and the Department of Justice on the organization and operation of forensic identification activities within the province on an annual basis, and simultaneously send the report to the National Forensic Institute;

d) Other tasks as prescribed by the People's Committee at the provincial level.

2. The Provincial Forensic Science Center shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic identification must be judicial forensic examiners. The Director of the Department of Health appoints the Director and Deputy Directors of the Provincial Forensic Science Center and notifies the Department of Justice of such appointments.

3. The Provincial Forensic Science Center is a public service unit operating in accordance with the Law on Judicial Identification, this Decree, and other relevant laws.

Article 5. Military Forensic Institute under the Ministry of Defense

1. The Military Forensic Institute shall perform the following functions and tasks:

a) Conduct forensic appraisals in accordance with procedural laws and the Law on Legal Appraisals;

b) Conduct scientific research in forensic science;

c) Implement international cooperation activities in forensic science as prescribed by the Ministry of Defense;

d) Summarize and report to the Ministry of Defense, the Ministry of Health, and the Ministry of Justice on the organization and operation of forensic identification activities in the military on an annual basis; simultaneously sending the report to the National Forensic Institute;

đ) Other tasks as prescribed by the Minister of Defense.

2. The Military Forensic Institute shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic identification must be judicial forensic examiners.

The appointment of the Director and Deputy Directors of the Military Forensic Institute shall be carried out according to the regulations of the Minister of Defense.

Article 6. Forensic Identification Center under the Institute of Criminal Science, Ministry of Public Security

1. The Forensic Identification Center under the Institute of Criminal Science, Ministry of Public Security shall perform the following functions and tasks:

a) Conduct forensic appraisals in accordance with procedural laws and the Law on Legal Appraisals;

b) Conduct scientific research in forensic science;

c) Other tasks as prescribed by the Minister of Public Security.

2. The Forensic Identification Center under the Institute of Criminal Science, Ministry of Public Security shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic identification must be judicial forensic examiners.

The appointment of the Director and Deputy Directors of the Forensic Identification Center under the Institute of Criminal Science shall be carried out according to the regulations of the Minister of Public Security.

Article 7. Central Mental Health Forensic Institute under the Ministry of Health

1. The Central Mental Health Forensic Institute shall perform the following functions and tasks:

a) Conduct mental health forensic identification in accordance with the provisions of procedural laws and the Law on Judicial Identification;

b) Develop procedures and standards for mental health forensic identification to submit to the Minister of Health for issuance;

c) Develop programs, materials, and organize training in mental health forensic expertise;

d) Guide, direct, and inspect mental health forensic activities of mental health forensic identification organizations nationwide as prescribed by the Ministry of Health;

đ) Conduct scientific research in mental health forensic science;

e) Implement international cooperation activities in mental health forensic science as prescribed by the Ministry of Health;

g) Summarize and report to the Ministry of Health and the Ministry of Justice on the organization and operation of mental health forensic identification on an annual basis; propose measures to improve the effectiveness of mental health forensic identification activities;

h) Other tasks as prescribed by the Minister of Health.

2. The Central Mental Health Forensic Institute shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic identification must be judicial forensic examiners. The Director and Deputy Directors of the Central Mental Health Forensic Institute shall be appointed by the Minister of Health.

3. The Central Mental Health Forensic Institute is a public service unit operating in accordance with the Law on Judicial Identification, this Decree, and other relevant laws.

Article 8. Regional Forensic Mental Health Centers under the Ministry of Health

1. The regional forensic mental health centers shall have the following functions and tasks:

a) Conduct mental health forensic identification in accordance with the provisions of procedural laws and the Law on Judicial Identification;

b) Conduct scientific research in the field of forensic psychiatry;

c) Report to the Ministry of Health on the organization and operation of forensic psychiatric examinations, and simultaneously send reports to the Central Institute of Forensic Psychiatry annually;

d) Other tasks as prescribed by the Minister of Health.

2. The regional forensic mental health centers shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic examination duties must be judicial experts. The Director and Deputy Directors of the regional forensic mental health centers shall be appointed by the Minister of Health.

3. The regional forensic mental health centers are public service units operating in accordance with the Law on Judicial Appraisal, this Decree, and other relevant laws.

Article 9. Criminal Science Institute under the Ministry of Public Security

1. The Criminal Science Institute shall have the following functions and tasks:

a) Carry out criminal technical and forensic examinations according to the provisions of procedural laws and the Law on Judicial Appraisal;

b) Develop procedures and standards for criminal technical examinations to be submitted to the Minister of Public Security for promulgation;

c) Develop programs, materials, and organize and guide training in criminal technical expertise;

d) Direct, supervise, and inspect criminal technical activities of criminal technical examination organizations nationwide according to the regulations of the Ministry of Public Security;

đ) Conduct scientific research in the field of criminal technical expertise and forensic science;

e) Implement international cooperation activities in criminal technical expertise and forensic science according to the regulations of the Ministry of Public Security;

g) Summarize and report to the Ministry of Public Security and the Ministry of Justice on the organization and operation of criminal technical examinations; summarize and report to the Ministry of Public Security, the Ministry of Health, and the Ministry of Justice on the organization and operation of forensic activities within the police sector annually, and simultaneously send reports to the National Forensic Institute; propose measures to improve the effectiveness of criminal technical and forensic examinations;

h) Other tasks as prescribed by the Minister of Public Security.

2. The Criminal Science Institute under the Ministry of Public Security shall have a Director and Deputy Directors. The Director and Deputy Directors responsible for professional forensic examination duties must be judicial experts. The appointment of the Director and Deputy Directors of the Criminal Science Institute shall be carried out according to the regulations of the Minister of Public Security.

Article 10. Criminal Technical Investigation Department under the Provincial Police

1. The Criminal Technical Investigation Department shall have the following functions and tasks:

a) Carry out criminal technical examinations according to the provisions of procedural laws and the Law on Judicial Appraisal;

b) Conduct scientific research in the field of criminal technical expertise;

c) Report to the provincial police and provincial Department of Justice on the organization and operation of criminal technical examinations; report to the provincial police, provincial Department of Health, provincial Department of Justice, and the National Forensic Institute on forensic post-mortem examinations annually; and simultaneously send reports to the Criminal Science Institute;

d) Other tasks as prescribed by the Minister of Public Security.

2. The Criminal Technical Investigation Department under the provincial police shall have a Head and Deputy Heads. The Head and Deputy Heads responsible for professional forensic examination duties must be judicial experts. The appointment of the Head and Deputy Heads of the Criminal Technical Investigation Department shall be carried out according to the regulations of the Minister of Public Security.

Article 11. The Criminal Technical Appraisal Department under the Ministry of National Defense

1. The Criminal Technical Appraisal Department under the Ministry of National Defense has the following functions and tasks:

a) Carry out criminal technical examinations according to the provisions of procedural laws and the Law on Judicial Appraisal;

b) Conduct scientific research in the field of criminal technical expertise;

c) Summarizing and reporting to the Ministry of National Defense on the organization and criminal technical activities annually, while sending reports to the Institute of Criminal Science under the Ministry of Public Security;

d) Other tasks as prescribed by the Minister of National Defense.

2. The Criminal Technical Appraisal Department under the Ministry of National Defense has a Director and Deputy Directors. The Director and Deputy Directors responsible for judicial appraisal must be judicial appraisers. The appointment of the Director and Deputy Directors of the Criminal Technical Appraisal Department under the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Chapter III

THE JUDICIAL APPRAISAL OFFICE

Article 12. The Judicial Appraisal Office

1. The Judicial Appraisal Office is organized and operates in accordance with the Law on Judicial Appraisal, the Enterprise Law, this Decree, and other relevant laws.

2. For the Judicial Appraisal Office operating in the form of a limited liability partnership, the general partners must be judicial appraisers. The Judicial Appraisal Office may have capital contributors.

3. The name of the Judicial Appraisal Office includes the phrase "Judicial Appraisal Office" followed by a specific name. The establishment of the specific name and the display of the signboard of the Office shall be carried out in accordance with the provisions of the law.

4. The Judicial Appraisal Office has its own headquarters, seal, and separate bank account in accordance with the provisions of the law.

Article 13. Application for Permission to Establish and Draft of the Regulation on Organization and Operation of the Judicial Appraisal Office

1. The application for permission to establish the Judicial Appraisal Office as stipulated in Point a Clause 2 Article 16 of the Law on Judicial Appraisal must include the following main contents:

a) Full name; date of birth; place of permanent residence registration; citizen identification number of the person applying to establish the Office;

b) Full name of the general partners and capital contributors;

c) Proposed name and address of the Office's headquarters;

d) Field of judicial appraisal;

đ) Commitment to comply with the law during the operation process.

2. The draft Regulation on Organization and Operation of the Judicial Appraisal Office operating in the form of a private enterprise as stipulated in Point c Clause 2 Article 16 of the Law on Judicial Appraisal must include the following main contents:

a) Proposed name and address of the Office's headquarters;

b) Field of judicial appraisal;

c) Full name; date of birth; place of permanent residence registration; citizen identification number of the legal representative of the Office;

d) List of judicial appraisers working under contract (if any);

đ) Provisions on the use of judicial appraisers;

e) Rights and obligations of the Office;

g) Information and reporting system;

h) Legal effect.

3. In addition to the contents stipulated in Clause 2 of this Article, the draft Regulation on Organization and Operation of the Judicial Appraisal Office operating in the form of a limited liability partnership also includes the following main contents:

a) Full name of the general partners and capital contributors (if any);

b) Capital contribution of the general partners and capital contributors (if any);

c) Rights and obligations of the general partners and capital contributors (if any);

d) Management organizational structure;

đ) Procedure for passing decisions of the Office;

e) Basis and method for determining remuneration, salary, and bonuses for the general partners, capital contributors, and employees;

g) Principles for resolving internal disputes and profit distribution;

h) Circumstances for ceasing operations and procedures for liquidation of assets;

i) Procedure for amending and supplementing the Regulation;

k) Full name and signature of the general partners;

l) Other contents agreed upon by the general partners that do not contravene the provisions of the law.

Article 14. Application for registration of activities and Certificate of Registration of the Judicial Appraisal Office

1. The application for registration of activities of the Judicial Appraisal Office prescribed in Point a Clause 2 Article 17 of the Law on Judicial Appraisal must contain the following main contents:

a) Number of the decision allowing establishment of the Office;

b) Full name of the Office, abbreviated name (if any);

c) Address of the Office's headquarters;

d) Name; date of birth; place of permanent residence registration; identification card number of the legal representative of the Office;

đ) Field of judicial appraisal;

e) List of partners of the Office (if any).

2. The Certificate of Registration of the Judicial Appraisal Office shall be made in two copies, one copy issued to the Judicial Appraisal Office, one copy kept at the Department of Justice. The Certificate of Registration of the Judicial Appraisal Office contains the following main contents:

a) Registration number; date of issuance of the Certificate of Registration;

b) Name of the Office, number of the decision allowing establishment of the Office;

c) Address of the Office's headquarters;

d) Field of judicial appraisal;

đ) Name of the legal representative of the Office;

e) Names, places of permanent residence registration of partners (if any).

Article 15. Change of registered activity content, reissue of the Certificate of Registration of the Judicial Appraisal Office

1. When changing the name, headquarters address, legal representative of the Office, partner list, the Judicial Appraisal Office shall be reissued the Certificate of Registration.

Within five working days from the date of change of the name, headquarters address, legal representative of the Office, partner list, the Judicial Appraisal Office must submit an application for reissuance of the Certificate of Registration along with the old Certificate of Registration to the Department of Justice where it has registered its activities.

Within five working days from receiving a valid file, the Department of Justice shall be responsible for reviewing and reissuing the Certificate of Registration for the Judicial Appraisal Office. In case of not reissuing the Certificate of Registration, it must notify in writing and specify the reasons. The Judicial Appraisal Office refused reissuance of the Certificate of Registration has the right to appeal or sue according to the provisions of the law.

2. In case the Certificate of Registration is damaged or lost, the Judicial Appraisal Office shall be reissued the Certificate of Registration.

The Judicial Appraisal Office must submit an application for reissuance of the Certificate of Registration to the Department of Justice where it has registered its activities and prove that the Certificate of Registration has been damaged or lost.

Within five working days from receiving a valid file, the Department of Justice shall be responsible for reviewing and reissuing the Certificate of Registration for the Judicial Appraisal Office. In case of not reissuing the Certificate of Registration, it must notify in writing and specify the reasons. The Judicial Appraisal Office refused reissuance of the Certificate of Registration has the right to appeal or sue according to the provisions of the law.

3. The application for reissuance of the Certificate of Registration must contain the contents prescribed in Clause 1 Article 14 of this Decree.

Article 16. Notification and publication of registered activity content of the Judicial Appraisal Office

1. Within fifteen days from the date of issuance of the Certificate of Registration or reissuance of the Certificate of Registration, the Department of Justice must notify in writing about the registered activity content of the Judicial Appraisal Office to the tax authority, statistical agency, provincial public security agency; People's Committee of the district and People's Committee of the commune where the Judicial Appraisal Office is located.

2. Within thirty days from the date of issuance of the Certificate of Registration, the Judicial Appraisal Office must publish in three consecutive issues of a central or local newspaper where it has registered its activities the following contents:

a) Name, headquarters address of the Office;

b) Name of the legal representative of the Office;

c) Registration number, date of issuance of the Certificate of Registration, place of registration.

3. In case of reissuance of the Certificate of Registration, the Judicial Appraisal Office must publish the changed contents in the Certificate of Registration.

Article 17. Changing and Supplementing the Field of Judicial Appraisal Activities of the Judicial Appraisal Office

1. The Judicial Appraisal Office must submit an application to the Department of Justice where it has registered its activities, along with a project on changing and supplementing the field of judicial appraisal as stipulated in Point b Clause 3 of this Article.

2. Within thirty days from the date of receiving complete files, the Director of the Department of Justice shall examine and assess, and reach consensus with the head of the specialized agency under the Provincial People's Committee managing the field of judicial appraisal, to present to the Chairman of the Provincial People's Committee for consideration and decision.

Within fifteen days from the date the Department of Justice submits the file, the Chairman of the Provincial People's Committee shall consider and decide on allowing changes and supplements to the field of judicial appraisal. In cases where changes and supplements to the field of judicial appraisal are not allowed, a written notification must be issued stating the reasons. The Judicial Appraisal Office that is refused permission to change or supplement the field of judicial appraisal has the right to lodge complaints or initiate lawsuits according to the provisions of the law.

3. The application file for changing and supplementing the field of judicial appraisal of the Judicial Appraisal Office includes:

a) An application for changing and supplementing the field of judicial appraisal;

b) A project on changing and supplementing the field of judicial appraisal, clearly stating the conditions regarding human resources, material infrastructure, equipment, means of appraisal as prescribed by the Ministry or ministerial-level agency managing the specialized field of judicial appraisal, and a plan for implementation consistent with the changes and supplements to the field of judicial appraisal;

c) A copy of the decision appointing judicial appraisers suitable for the changes and supplements to the field of judicial appraisal;

d) The decision permitting the establishment of the Judicial Appraisal Office that has been issued.

4. Within one year from the date the Chairman of the Provincial People's Committee decides to allow changes and supplements to the field of judicial appraisal, the Judicial Appraisal Office must register the changed and supplemented content at the Department of Justice; if the registration is not completed within the aforementioned period, the decision allowing changes and supplements to the field of judicial appraisal will become invalid.

5. The procedures and requirements for registering changes and supplements to the field of judicial appraisal are carried out in accordance with Article 17 of the Law on Judicial Appraisal and related provisions of this Decree.

Article 18. Rights and Obligations of the Judicial Appraisal Office

1. The Judicial Appraisal Office has the following rights:

a) To hire judicial appraisers and staff for the office;

b) To collect and pay judicial appraisal fees in accordance with the law;

c) To provide non-litigation judicial appraisal services upon request of individuals and organizations;

d) To enjoy tax incentives as stipulated in Article 22 of this Decree.

2. The Judicial Appraisal Office has the following obligations:

a) To publicly display judicial appraisal fees;

b) To implement social insurance and health insurance for employees of the office in accordance with the law;

c) To comply with laws on labor, taxes, finance, statistics, and to comply with inspection and audit requirements of competent state agencies;

d) To report annually to the Department of Justice and specialized agencies under the Provincial People's Committee on organizational structure and judicial appraisal activities;

đ) To pay registration fees for business operations at the level of enterprise registration fees and in accordance with relevant laws.

3. Other rights and obligations as prescribed by the Law on Judicial Appraisal, procedural laws, and other relevant laws.

Article 19. Conversion of the Type of Judicial Appraisal Office

1. A Judicial Appraisal Office that wishes to convert its type of operation from a private business to a partnership company or vice versa must submit a conversion application to the Department of Justice where it is registered for operation.

2. The application for converting the type of operation of a Judicial Appraisal Office shall include:

a) An application for conversion;

b) A proposal for converting the type of operation, specifying the reasons for conversion, the organizational and operational situation of the Judicial Appraisal Office up to the date of application, and the anticipated organizational structure, name, location of headquarters, personnel, material conditions, equipment, and appraisal means;

c) A copy of the decision appointing judicial appraisers as partners of the Office;

d) The decision allowing the establishment of the Office;

đ) A draft new regulation on the organization and operation of the Office.

3. Within seven working days from the date of receiving a complete and valid application as stipulated in Clause 2 of this Article, the Department of Justice shall submit the case for consideration and decision by the Chairman of the Provincial People's Committee on allowing the conversion of the type of operation of the Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be provided. A Judicial Appraisal Office whose conversion request is rejected has the right to lodge complaints or initiate lawsuits according to the law.

4. Within ten days from the date of receiving a complete and valid application, the Chairman of the Provincial People's Committee shall consider and decide on allowing the conversion of the type of operation of the Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be provided. A Judicial Appraisal Office whose conversion request is rejected has the right to lodge complaints or initiate lawsuits according to the law.

5. Within fifteen days from the date of receiving the decision allowing the conversion, the Judicial Appraisal Office must register its operation at the Department of Justice. At registration, the Office must provide an application for registration, a copy of the decision allowing the conversion of the type of the Office, and documents proving that it meets the conditions for operating a Judicial Appraisal Office as specified in Point b of Clause 2 of this Article.

Within seven working days from the date of receiving a complete and valid application, the Department of Justice shall issue the Registration Certificate for the converted Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be provided. A Judicial Appraisal Office whose application for the Registration Certificate is rejected has the right to lodge complaints or initiate lawsuits according to the law.

6. A converted Judicial Appraisal Office may commence operations from the date the Department of Justice issues the Registration Certificate; it shall inherit all rights, obligations, and be responsible for storing all files and documents of the previous Judicial Appraisal Office.

Article 20. Revocation of the Registration Certificate of a Judicial Appraisal Office

1. A Judicial Appraisal Office will have its Registration Certificate revoked if it falls under any of the following circumstances:

a) It no longer has the required number of judicial appraisers as prescribed;

b) It conducts judicial appraisals outside the scope registered;

c) It seriously violates the law or has been administratively punished twice but continues to reoffend;

d) Other cases as prescribed by law.

2. The Department of Justice shall issue a decision to revoke the Registration Certificate of a Judicial Appraisal Office within seven working days from the date of discovering any of the circumstances stipulated in Clause 1 of this Article.

The Department of Justice shall be responsible for notifying in writing the relevant agencies and organizations specified in Clause 1 of Article 16 about the revocation of the Registration Certificate of the Judicial Appraisal Office.

Article 21. Termination of Judicial Appraisal Office Activities

1. The Judicial Appraisal Office shall terminate its activities in the following cases:

a) Voluntary termination of activities;

b) Revocation of the Registration Certificate for Operation pursuant to Article 20 of this Decree.

2. In the case of termination of activities as prescribed in point a, Clause 1 of this Article, the Judicial Appraisal Office must submit a written report at least 30 days before the anticipated date of termination of activities to the Department of Justice where it has registered its operations.

The Judicial Appraisal Office must attach with the report proof of documents showing completion of judicial appraisals for all requests received, payment of all outstanding taxes, settlement of all debts as required by law, procedures for terminating labor contracts signed with employees, and publication in two consecutive issues of a central or local newspaper regarding the anticipated date of termination of activities.

Within seven working days from the date of receiving complete and valid files, the Director of the Department of Justice shall submit to the Chairman of the Provincial People's Committee for consideration and decision on the termination of activities of the Judicial Appraisal Office. Within fifteen days from the date the Department of Justice submits the file, the Chairman of the Provincial People's Committee shall issue a decision on the termination of activities of the Judicial Appraisal Office.

Within seven working days from the date of receipt of the complete and valid files, the Department of Justice shall notify in writing about the termination of activities to the Judicial Appraisal Office and the agencies and organizations specified in Clause 1 of Article 16 of this Decree.

3. In the case of termination of activities as prescribed in Point b, Clause 1 of this Article, within seven working days from the date of revoking the Registration Certificate for Operation, the Department of Justice shall notify in writing the relevant agencies and organizations specified in Clause 1 of Article 16 of this Decree.

The Judicial Appraisal Office shall be responsible for settling all debts, completing procedures for terminating labor contracts signed with employees, and publishing in two consecutive issues of a central or local newspaper regarding the termination of activities; transferring archival records of judicial appraisals performed to the Department of Justice where it has registered its operations.

For requests for judicial appraisal that have been accepted but not yet carried out, the Judicial Appraisal Office must return the file, the object of appraisal, and the appraisal fee collected from the requesting party.

4. The Department of Justice shall propose the Chairman of the Provincial People's Committee to revoke the decision allowing the establishment of the Judicial Appraisal Office in cases of termination of activities as prescribed in Clause 1 of this Article.

Article 22. Policies for Judicial Appraisal Offices

Judicial Appraisal Offices shall enjoy tax benefits as prescribed by laws on taxation.

Chapter IV

ANNOUNCEMENT OF LIST OF CASE-BASED JUDICIAL APPRAISERS AND CASE-BASED JUDICIAL APPRAISAL ORGANIZATIONS

Article 23. Recognition and Publication, Revocation of Recognition of Case-Based Judicial Appraisers and Case-Based Judicial Appraisal Organizations

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1. Based on the practical needs of litigation activities, ministries, ministerial-level agencies, government agencies, provincial people's committees shall select individuals meeting the criteria stipulated in Article 18 and organizations meeting the conditions stipulated in Article 19 of the Law on Judicial Appraisal to issue decisions recognizing case-based judicial appraisers and case-based judicial appraisal organizations within their jurisdictional management.

2. Lists of case-based judicial appraisers and case-based judicial appraisal organizations shall be published on the websites of ministries, ministerial-level agencies, government agencies, provincial people's committees, and sent to the Ministry of Justice.

3. In cases where there are changes in information related to recognized case-based judicial appraisers and case-based judicial appraisal organizations, ministries, ministerial-level agencies, government agencies, provincial people's committees shall adjust the lists and send them to the Ministry of Justice.

4. Case-based judicial appraisers and case-based judicial appraisal organizations selected, established, and announced before January 1, 2021, if they still meet the criteria and conditions, shall be recognized as case-based judicial appraisers and case-based judicial appraisal organizations according to the provisions of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal.

5. Ministries, ministerial-level agencies, government agencies, provincial people's committees shall issue decisions revoking recognition of case-based judicial appraisers who no longer meet the criteria stipulated in Article 18 and case-based judicial appraisal organizations which no longer meet the conditions stipulated in Article 19 of the Law on Judicial Appraisal.

Article 24. Information to be published about individual judicial experts and judicial expert organizations on a case-by-case basis

1. Information about individual judicial experts on a case-by-case basis shall be published according to the provisions of Article 23 of this Decree, including:

a) Full name;

b) Date of birth;

c) Workplace or place of residence;

d) Field of expertise;

đ) Experience in professional activities and judicial expert activities.

2. Information about judicial expert organizations on a case-by-case basis shall be published according to the provisions of Article 23 of this Decree, including:

a) Name of organization;

b) Number, date, month, year of establishment;

c) Address of organization;

d) Field of expertise;

đ) Experience in professional activities and judicial expert activities.

Chapter V

REGIME FOR JUDICIAL EXPERTS AND PERSONS PARTICIPATING IN JUDICIAL EXPERTISE

Article 25. Regime for Judicial Expert Subsidies

1. The regime for judicial expert subsidies stipulated in Article 37 of the Law on Judicial Expertise shall apply to the following subjects:

a) Judicial experts, individual judicial experts on a case-by-case basis receiving salary from the state budget who perform judicial expertise;

b) Assistants to individual judicial experts on a case-by-case basis receiving salary from the state budget, including: Assistants, technical staff, medical workers, criminal technical officers when participating in post-mortem examinations, autopsies, exhumations, and other persons assigned by the head of the organization requested for expertise or designated by the individual judicial expert responsible for coordinating the implementation of the expertise;

c) Investigators, prosecutors, judges entrusted by competent state agencies with the responsibility to be present and perform tasks during the period of conducting expertise in cases involving post-mortem examinations, autopsies, and exhumations.

In cases where an organization is requested or required to conduct expertise, that organization shall be responsible for paying expert subsidies to the subjects specified in Points a and b Clause 1 of this Article from the judicial expertise fees collected from the requesting party or the party requiring expertise.

The investigative agency requesting expertise shall pay expert subsidies to the subjects specified in Point c Clause 1 of this Article from the investigation, prosecution, and trial activity funds allocated annually in the budget of the investigative agency.

3. The Prime Minister shall specify in detail the level of judicial expert subsidies.

Article 26. Allowance regime for judicial experts and persons participating in judicial expertise

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1. Judicial experts receiving salary from the state budget in the field of forensic medicine, forensic psychiatry, and criminal technical sciences shall enjoy the allowance regime for responsibility in judicial expertise work.

Judicial experts belonging to public judicial expertise organizations in the field of forensic medicine and forensic psychiatry under the health sector shall enjoy the allowance regime for preferential professions.

2. Judicial experts and persons participating in judicial expertise belonging to public judicial expertise organizations in the field of forensic medicine under the health sector shall enjoy the allowance regime for permanent duty.

Chapter VI

STATE MANAGEMENT OF JUDICIAL EXPERTISE

Article 27. Tasks and Authorities of Ministries, Agencies Equivalent to Ministries, and Provincial People's Committees

1. Ministries and agencies equivalent to ministries have the following tasks and authorities:

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Justice to issue regulations on cooperation between provincial forensic centers and criminal technical departments under provincial public security organs, and relevant agencies in receiving requests and conducting forensic examinations;

b) The Ministry of Health shall stipulate the agencies and organizations implementing, content, and time for training or upgrading to issue certificates of forensic examination and forensic psychiatric vocational qualifications as prescribed in Point c Clause 1 Article 7 of the Law on Judicial Expertise;

The Ministry of Public Security shall stipulate the agencies and organizations implementing, content, and time for training or upgrading to issue certificates of criminal technical forensic examination vocational qualifications as prescribed in Point c Clause 1 Article 7 of the Law on Judicial Expertise;

c) The Ministry of Health shall be responsible for consolidating and improving the organizational structure and operations of the National Forensic Institute, Central Forensic Psychiatry Institute; establishing and ensuring necessary conditions for regional forensic psychiatry centers to commence operations; guiding the organizational structure and staffing of provincial forensic centers according to the Law on Judicial Expertise and this Decree.

The Ministry of Public Security shall be responsible for consolidating and improving the organizational structure and operations of the Institute of Criminal Science and Criminal Technical Departments under provincial public security organs according to the Law on Judicial Expertise and this Decree.

The Ministry of National Defense shall be responsible for consolidating and improving the organizational structure and operations of the Military Forensic Institute and Criminal Technical Examination Departments under the Ministry of National Defense according to the Law on Judicial Expertise and this Decree;

d) The Ministry of Health shall be responsible for taking the lead and coordinating with relevant ministries and sectors to study and propose to competent state agencies to stipulate job titles or occupational qualifications for dedicated judicial experts and persons participating in judicial expertise activities in public judicial expertise organizations in the fields of forensic medicine and forensic psychiatry under the health sector; building a permanent duty allowance system for judicial experts and persons participating in judicial expertise in public forensic organizations under the health sector to submit to competent authorities for promulgation; monitoring, urging, compiling, and reporting to the Prime Minister on the implementation of incentive policies for dedicated judicial experts and persons participating in judicial expertise activities in public judicial expertise organizations in the fields of forensic medicine and forensic psychiatry under the health sector.

The Ministry of Public Security shall be responsible for taking the lead and coordinating with relevant ministries and sectors to study and propose to competent state agencies to stipulate job titles for dedicated judicial experts and persons participating in judicial expertise activities in public judicial expertise organizations within the People's Public Security Force according to the law; monitoring, urging, compiling, and reporting to the Prime Minister on the implementation of incentive policies for dedicated judicial experts and persons participating in judicial expertise activities in public judicial expertise organizations within the People's Public Security Force.

đ)[11] The Ministry of Health shall take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to conduct inspections and audits on forensic medical examination activities within the public security and defense sectors; the Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense to conduct inspections and audits on criminal technical examination activities within the military; coordinate with the Supreme People's Procuracy to conduct inspections on criminal technical examination activities within the prosecution agencies;

e) Ministries and ministerial-level agencies shall be responsible for promulgating judicial appraisal standards in their respective fields of management. In cases where they do not issue separate standards for judicial appraisal activities, ministries and ministerial-level agencies shall be responsible for guiding the application of specialized standards for judicial appraisal activities within their respective fields of management;

g)[12] Ministries and ministerial-level agencies shall be responsible for reviewing, publishing, and updating lists of individuals and organizations conducting judicial appraisals on their electronic information portals; revoke recognition of individual judicial appraisers and appraisal organizations on a case-by-case basis, and simultaneously send such information to the Ministry of Justice for adjustment in the general list;

h) Ministries and ministerial-level agencies shall be responsible for establishing criteria to evaluate the quality of activities of individual judicial appraisers, public judicial appraisal organizations, and case-based judicial appraisal organizations under their jurisdiction;

Based on these evaluation criteria, ministries and ministerial-level agencies shall annually assess the quality of activities of individual judicial appraisers, public judicial appraisal organizations, and case-based judicial appraisal organizations under their jurisdiction;

2. Provincial People's Committees shall have the following tasks and powers:

a) To consolidate and improve the organization and operation of provincial forensic centers in accordance with the Law on Judicial Appraisal, this Decree, and other relevant laws;

b)[13] To review, publish, and update lists of individuals and organizations conducting judicial appraisals on their electronic information portals, and simultaneously send such lists to the Ministry of Justice;

c) Based on the evaluation criteria, to annually assess the quality of activities of individual judicial appraisers, public judicial appraisal organizations, and case-based judicial appraisal organizations in their locality;

Article 28. Tasks and Powers of the Department of Justice and Specialized Agencies under Provincial People's Committees

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1. The Department of Justice shall have the following tasks and powers:

a) To take the lead and coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to examine applications for establishing judicial appraisal offices, changing business forms, and altering or supplementing the scope of appraisal services of judicial appraisal offices, and submit them to the Chairman of the provincial people's committee for consideration and decision; to take the lead and coordinate with specialized agencies under provincial people's committees to register the operations of judicial appraisal offices;

b) To take the lead or coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to organize legal training for local judicial appraisers;

c) To coordinate with the Department of Health to develop proposals to establish, consolidate, and improve public judicial appraisal organizations in the forensic field and submit them to the Chairman of the provincial people's committee for approval;

d) To coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to propose the appointment and removal of judicial appraisers in the locality to the Chairman of the provincial people's committee;

đ) To take the lead and coordinate with specialized agencies under provincial people's committees to assist the Chairman of the provincial people's committee in issuing, reissuing, and revoking judicial appraiser identification cards;

e) To coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to select and propose decisions recognizing or revoking the recognition of individual judicial appraisers and case-based judicial appraisal organizations in the locality to the Chairman of the provincial people's committee;

g) Annually, to take the lead or coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to evaluate the organization and quality of judicial appraisal activities in the locality; to propose solutions to ensure the quantity and quality of the judicial appraisal workforce meet the requirements of local litigation activities in a timely manner;

h) To take the lead or coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to inspect, audit, and resolve complaints and reports regarding judicial appraisals within their authority;

i) To report to the Ministry of Justice and the provincial people's committee on the organization and activities of judicial appraisals in the locality in accordance with the legal regulations on administrative agency reporting systems and periodic reporting systems within the jurisdiction of the Ministry of Justice;

2. Specialized agencies under provincial people's committees shall have the following tasks and powers:

a) To take the lead and coordinate with the Department of Justice in selecting and recommending the appointment and removal of judicial appraisers to the Chairman of the provincial people's committee;

b) To coordinate with the Department of Justice in assisting the Chairman of the provincial people's committee in issuing, reissuing, and revoking judicial appraiser identification cards;

c) To take the lead and coordinate with the Department of Justice in selecting and proposing decisions recognizing or revoking the recognition of individual judicial appraisers and case-based judicial appraisal organizations in the locality to the Chairman of the provincial people's committee;

d) To prepare budgets for the operations of public judicial appraisal organizations under their management;

đ) To take the lead and coordinate with the Department of Justice in organizing professional training for local judicial appraisers;

e) To take the lead or coordinate with the Department of Justice in inspecting and auditing the implementation of laws on judicial appraisals, and resolving complaints and reports within their authority;

g) To coordinate with the Department of Justice in examining applications for establishing judicial appraisal offices, changing business forms, altering or supplementing the scope of appraisal services, and registering the operations of judicial appraisal offices;

h) Annually, report to the ministry, agency at the ministerial level managing the specialized field of forensic appraisal and the provincial People's Committee on the organization and operation of forensic appraisal activities within their specialized management scope in the locality; simultaneously send the report to the Department of Justice for consolidation; implement the system of commendation and reward for individuals and organizations engaged in forensic appraisal in accordance with the provisions of the law.

i) In addition to the tasks and powers stipulated in points a, b, c, d, đ, e, and h of Clause 2 of this Article, the Department of Health shall be responsible for taking the lead and coordinating with the Department of Justice to submit to the Chairman of the Provincial People's Committee for the establishment, consolidation, and improvement of the provincial forensic center.

Article 28a. Methods for implementing administrative procedures related to forensic appraisal

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Individuals and organizations submit one set of application documents online, directly, or through postal service to the competent authority in accordance with the laws on forensic appraisal and relevant laws when implementing administrative procedures related to forensic appraisal.

Chapter VII

IMPLEMENTING PROVISIONS

Article 29. Transitional Provisions

1. Forensic appraisers appointed in accordance with the Ordinance on Forensic Appraisal and Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of certain articles of the Ordinance on Forensic Appraisal shall not be reappointed.

2. The subjects entitled to the forensic appraisal allowance stipulated in Clause 1 of Article 25, and forensic appraisers entitled to allowances under Article 26 of this Decree shall continue to enjoy the forensic appraisal allowance; the allowance for profession preference and other allowances currently in place until new regulations replace them.

3. [16](Repealed)

4. [17](Repealed)

5. The provisions on forensic appraisal fees in each field of forensic appraisal shall continue to be implemented until specific regulations on forensic appraisal costs are issued and replace them.

Article 30. Effective Date

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1. This Decree takes effect from September 15, 2013.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.

Provincial People's Committees where the headquarters of regional mental health forensic centers are located shall be responsible for creating necessary conditions for the establishment and operation of regional mental health forensic centers according to the proposal of the Ministry of Health.

3. Based on their functions, tasks, and powers, the Ministry of Justice, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Home Affairs, and other ministries and agencies at the ministerial level related to this matter shall be responsible for guiding the enforcement of this Decree./.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Model No. 3 - sd