Law Amending and Supplementing Certain Articles of the Judicial Appraisal Law No. 56/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON FORENSIC EXPERTISE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law amending and supplementing certain articles of the Law on Forensic Expertise No. 13/2012/QH13 which has been amended and supplemented by Law No. 35/2018/QH14.

Article 1. Amendments and supplements to certain articles of the Law on Forensic Expertise

1. Amend and supplement Clauses 1, 2, and 3 of Article 2 as follows:

"1. Forensic expertise is the work of forensic experts using their knowledge, tools, scientific methods, and professional techniques to conclude on specialized issues related to criminal prosecution, investigation, prosecution, trial, and enforcement of criminal sentences, and resolution of civil cases and administrative litigation cases upon request from competent authorities conducting proceedings, persons authorized to conduct proceedings, or upon request from persons requesting expertise under the provisions of this Law.

2. The party requesting forensic expertise includes competent authorities conducting proceedings and persons authorized to conduct proceedings.

3. The person requesting forensic expertise is someone who has the right to request expertise themselves after having proposed to competent authorities conducting proceedings or persons authorized to conduct proceedings to request forensic expertise but such requests were not accepted. Persons with the right to request expertise themselves include parties in civil cases, administrative litigation cases, civil plaintiffs, civil defendants, those with rights and obligations related to criminal cases, or their lawful representatives, except in cases where the request for expertise relates to determining criminal responsibility of suspects or defendants."

2. Amending and supplementing Clause 1 of Article 3 as follows:

"1. Compliance with laws, adherence to professional standards and procedures for forensic expertise."

3. Amending and supplementing Clause 3 of Article 6 as follows:

"3. Intentionally prolonging the time to perform forensic expertise or taking advantage of requests for forensic expertise to create difficulties and obstruct proceedings."

"3. Advertising contrary to historical traditions, culture, and social morals;"

a) Amend and supplement Clause 1 as follows:

"1. The document proposing the appointment of a forensic expert of the authority or organization with the authority to propose as stipulated in Clause 2 of Article 9 of this Law or the application proposing the appointment of a forensic expert of an individual who was previously a forensic expert but was relieved of duty due to retirement or resignation to establish a Forensic Expert Office."

b) Amend and supplement clause 3 as follows:

"3. Curriculum vitae and Criminal Record Certificate. In cases where the person proposed for appointment as a forensic expert is currently a civil servant, public official, military officer, police officer, professional soldier, or defense industry worker, there is no need for a Criminal Record Certificate."

5. Amend and supplement the name of the article and some clauses of Article 9 as follows:

a) Amend and supplement the name of the article as follows:

"Article 9. Authority, procedure, and formalities for appointing forensic experts and issuing forensic expert cards"

b) Amend and supplement Clause 2 as follows:

"2. The Ministry of National Defense and the Ministry of Public Security shall be responsible for selecting individuals meeting the criteria specified in Clause 1 of Article 7 of this Law, and proposing the Minister of Health to appoint forensic medical experts within their respective ministries.

The Ministry of National Defense and the Supreme People's Procuracy shall be responsible for selecting individuals meeting the criteria specified in Clause 1 of Article 7 of this Law, and proposing the Minister of Public Security to appoint forensic technical experts within their respective ministries or sectors.

The head of units under ministries or agencies at the level of ministries entrusted with managing forensic expertise activities shall be responsible for selecting individuals meeting the criteria specified in Clause 1 of Article 7 of this Law, and proposing the Minister or the head of an agency at the level of a ministry to appoint forensic experts in fields of expertise under their management authority.

The head of specialized agencies under provincial People's Committees managing forensic expertise activities shall be responsible for leading and coordinating with the Director of the Department of Justice to select individuals meeting the criteria specified in Clause 1 of Article 7 of this Law, receiving applications for the appointment of forensic experts as stipulated in Article 8 of this Law, and proposing the Chairman of the Provincial People's Committee to appoint forensic experts in their locality.

Within twenty days from the date of receipt of valid applications, the Minister or the head of an agency at the level of a ministry, or the Chairman of the Provincial People's Committee shall decide on the appointment of forensic experts. If the application is rejected, it must be notified in writing to the applicant and the reasons must be clearly stated."

c) Supplement Clause 4 after Clause 3 as follows:

"4. Individuals appointed as forensic experts shall be issued forensic expert cards.

Authorities with the power to appoint forensic experts as stipulated in Clause 1 of this Article shall have the authority to issue new or replacement forensic expert cards.

The format, procedures, and formalities for issuing new or replacement forensic expert cards shall be implemented according to regulations of the Minister of Justice."

6. Amend and supplement Article 10 as follows:

"Article 10. Authority, procedure, and formalities for relieving forensic experts of their duties and revoking forensic expert cards

1. Cases for relieving forensic experts of their duties:

a) No longer meeting the criteria specified in Clause 1 of Article 7 of this Law;

b) Belonging to one of the cases specified in Clause 2 of Article 7 of this Law;

c) Being disciplined with a warning or higher, or being administratively punished for intentionally violating laws on forensic expertise;

d) Committing any of the acts specified in Article 6 of this Law;

đ) Having a decision to retire or resign, except in cases where there is a document expressing the desire to continue participating in forensic expertise activities and the direct managing authority has a need for suitable use in accordance with the law;

e) Changing job positions or transferring to another agency or organization without conditions suitable to continue performing forensic expertise;

g) Upon proposal of the forensic expert. In cases where the forensic expert is a civil servant, public official, military officer, police officer, professional soldier, or defense industry worker, approval from the direct managing authority is required."

h) A judicial expert who is appointed to establish a Judicial Expert Office but fails to establish the Office within one year from the date of appointment, or does not register for operation within one year from the date of the decision allowing establishment of the Office.

2. The dossier for requesting the removal of a judicial expert includes:

a) A document proposing the removal of a judicial expert issued by the management agency or organization of judicial experts, or a resignation letter from the judicial expert;

b) Documents proving that the judicial expert falls under one of the cases stipulated in Clause 1 of this Article.

3. The Minister of Public Security and the Minister of National Defense shall consider and propose the Minister of Health to remove forensic medical experts under their jurisdiction.

The Minister of National Defense and the Chief Prosecutor of the Supreme People's Procuracy shall consider and propose the Minister of Public Security to remove criminal technical experts under their jurisdiction.

The Minister or Head of a ministerial-level agency shall remove judicial experts working at central agencies in the field of expertise under their jurisdiction based on the proposal of the head of the unit assigned to manage judicial expert activities.

The Chairman of the Provincial People's Committee shall remove judicial experts at the local level based on the proposal of the head of the specialized agency under the Provincial People's Committee managing the field of judicial expertise after reaching consensus with the Director of the Department of Justice.

4. Within ten days from the date of receiving a valid dossier, the Minister or Head of a ministerial-level agency, and the Chairman of the Provincial People's Committee shall consider and decide on the removal of judicial experts, revoke their expert cards, adjust the list of judicial experts on the electronic portal of the ministry, ministerial-level agency, or Provincial People's Committee, and simultaneously send it to the Ministry of Justice for adjustment of the general list of judicial experts.

7. Amend and supplement Clause 2 of Article 11 as follows:

“2. Refuse to conduct an expert examination in cases where the content of the request for expert examination is not consistent with the scope of expertise or there is insufficient capacity and necessary conditions for conducting the examination; the objects of examination and related materials provided are incomplete or lack value for concluding a judicial expert opinion even after requesting the person making the request to provide supplementary information or clarification but such requests are not met; the time available is insufficient for conducting the examination; the independence and objectivity of the examination process cannot be guaranteed. In case of refusal to conduct an expert examination, a written notification must be sent to the person making the request within five working days from the date of receipt of the request for expert examination, stating the reasons.”

8. Amend and supplement some clauses of Article 12 as follows:

a) Amend and supplement Clauses 4 and 5 as follows:

“4. State-owned judicial expert organizations in the field of criminal technical examination include:

a) The Institute of Criminal Science under the Ministry of Public Security;

b) The Criminal Technical Investigation Room under the Provincial Police;

c) The Criminal Technical Examination Room under the Ministry of National Defense;

d) The Criminal Technical Examination Room under the Supreme People's Procuracy.

5. The Criminal Technical Examination Room under the Supreme People's Procuracy conducts examinations on sound and image data from electronic records. Based on the needs and actual conditions of the locality, the Criminal Technical Investigation Room under the Provincial Police may have forensic medical examiners to conduct forensic medical examinations of corpses.”

b) Amend and supplement Clause 7 as follows:

“7. The Government shall specify in detail the functions, tasks, organizational structure, and work regulations of state-owned judicial expert organizations prescribed in Clause 2, Clause 3, and points a, b, and c of Clause 4 of this Article.

The Chief Prosecutor of the Supreme People's Procuracy shall specify the functions, tasks, and organizational structure of the Criminal Technical Examination Room under the Supreme People's Procuracy, and submit it for approval by the Standing Committee of the National Assembly.”

9. Amend and supplement Point a of Clause 1 of Article 15 as follows:

“a) Having been a judicial expert for at least three years and having conducted examinations in the proposed field for establishing an Office.”

10. Amend and supplement Article 20 as follows:

“Article 20. Recognition and Publication of Lists of Case-by-case Judicial Experts and Case-by-case Judicial Expert Organizations

1. The Ministry of Construction, the Ministry of Finance, the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the Ministry of Transport, the Ministry of Science and Technology, the Ministry of Agriculture and Rural Development, the State Bank of Vietnam, other ministries, ministerial-level agencies, government agencies, and provincial people's committees shall select individuals and organizations meeting the criteria and conditions stipulated in Articles 18 and 19 of this Law to issue decisions recognizing case-by-case judicial experts and case-by-case judicial expert organizations in fields under their jurisdiction to meet the requirements of litigation proceedings.

The list along with information about the specialty of the expert, experience, and professional capacity of case-by-case judicial experts and case-by-case judicial expert organizations shall be published, reviewed, and updated on the electronic portal of the ministry, ministerial-level agency, government agency, or provincial people's committee, and simultaneously sent to the Ministry of Justice to compile a general list.

2. The list of case-by-case judicial experts and case-by-case judicial expert organizations prescribed in Clause 1 of this Article serves as the basis for competent authorities conducting litigation proceedings and persons authorized to conduct litigation proceedings to choose and decide on requesting expert examinations.

In special cases, the person requesting the expert examination may request an individual or organization with sufficient qualifications and conditions stipulated in Articles 18 and 19 of this Law, which is not included in the published list of case-by-case judicial experts and case-by-case judicial expert organizations, to conduct the examination but must clearly state the reasons in the decision requesting the examination.

At the request of the competent authority conducting criminal proceedings, the competent authority conducting criminal proceedings, ministries, ministerial-level agencies, government agencies, State Audit Agency, specialized agencies under provincial People's Committees, central agencies located within the province shall have the responsibility to introduce individuals and organizations meeting the criteria and conditions stipulated in Articles 18 and 19 of this Law outside the published list for the purpose of conducting forensic examination.”

11. Amend and supplement Clause 2 of Article 21 as follows:

“2. The person requesting forensic examination shall have the obligation:

a) To clearly define the content, field, or specialty required for forensic examination in the case or matter being resolved; to select individuals or organizations with the necessary capacity and conditions to conduct forensic examination in accordance with the nature and content required for forensic examination to issue a request for forensic examination decision;

b) To issue a request for forensic examination decision in writing;

c) To provide promptly, fully, and be responsible under the law for information, documents, and samples related to the object and content required for forensic examination according to the requirements of the individual or organization conducting forensic examination;

d) To advance and settle promptly and fully the costs of forensic examination;

đ) To implement or propose the competent authority to apply measures as prescribed by law to protect the forensic examiner or the close relatives of the forensic examiner when there is evidence indicating that the life, health, reputation, personality, or property of the forensic examiner or the close relatives of the forensic examiner is threatened due to the performance of forensic examination or participation in the case or matter as a forensic examiner.”

12. Amend and supplement some points and clauses of Article 22 as follows:

a) Amending and supplementing Clause 1 as follows:

“1. The person requesting forensic examination has the right to send a written request to the competent authority conducting criminal proceedings, the person conducting criminal proceedings to request forensic examination. In case the competent authority conducting criminal proceedings, the person conducting criminal proceedings does not accept the request, they must notify the person requesting forensic examination in writing within seven days from the date of receipt of the request for forensic examination. After the expiration of the aforementioned period or from the date of receiving the notification of refusal to request forensic examination, the person requesting forensic examination has the right to request forensic examination on their own.”

b) Amend and supplement Point d of Clause 2 as follows:

“d) Request the competent authority conducting criminal proceedings, the person conducting criminal proceedings to request forensic examination again; request supplementary forensic examination as provided for in Clause 1 of Article 29 of this Law.”

13. Supplement Points d, đ, and e after Point c of Clause 1 of Article 23 as follows:

“d) Propose the person requesting forensic examination or the competent authority to take protective measures as prescribed by law when there are signs of threats to the life, health, reputation, personality, or property of themselves or their close relatives due to the performance of forensic examination or participation in the case or matter as a forensic examiner;

đ) Refuse to perform forensic examination in cases as prescribed in Clause 2 of Article 11 of this Law;

e) Be assigned a suitable position when participating in litigation at the trial session.”

14. Amend and supplement Article 24 as follows:

“Article 24. Rights and Obligations of Organizations Requested to Conduct Forensic Examination

1. Organizations requested to conduct forensic examination have the following rights:

a) To request the person requesting forensic examination to provide promptly and fully the necessary information, documents, and samples for forensic examination;

b) To refuse to accept requests for forensic examination if the content of the request for forensic examination is not consistent with the scope of expertise or if they do not have the necessary capacity and conditions to conduct forensic examination; if the objects of examination and related documents provided are incomplete or lack value for concluding forensic examination after having been asked by the person requesting forensic examination to supplement or clarify but were not responded to; if the time available is insufficient to conduct the examination; if the independence and objectivity of the examination are not guaranteed;

c) To receive an advance payment for forensic examination costs upon accepting a request for forensic examination; to be paid promptly and fully for forensic examination costs when delivering the results of the examination.

2. Organizations requested to conduct forensic examination have the following obligations:

a) Within five working days from the date of receipt of the request for forensic examination, they must assign individuals with appropriate professional qualifications and capabilities corresponding to the content of the request for forensic examination, be responsible for the professional capacity of such individuals, and inform the person requesting forensic examination, except where the law provides for a shorter period.

The head of the organization requested to conduct forensic examination is responsible for directing and urging the implementation of the examination; if more than two people are needed to carry out the examination, they must assign someone to coordinate the implementation of the examination;

b) To ensure the time, equipment, means, and other necessary conditions for the implementation of forensic examination.

During the process of conducting forensic examination, if new content or issues arise, the individual or organization conducting the examination must immediately notify the person requesting forensic examination in writing to reach a consensus on the solution;

c) To compensate for losses in case the person conducting the examination, assigned by them, intentionally makes a wrong conclusion in the forensic examination, causing damage to individuals or organizations;

d) If refusing to accept a request for forensic examination, they must notify the person requesting forensic examination in writing and specify the reasons within five working days from the date of receipt of the decision to request forensic examination, except where the law provides for a shorter period;

đ) To be responsible for the conclusions of forensic examination made by themselves.”

15. Amend and supplement Article 25 as follows:

“Article 25. Request for Forensic Examination

1. The person requesting the forensic examination decides to request the forensic examination in writing and sends the decision along with the object to be examined, information, documents, and related items (if any) to the individual or organization conducting the examination. In cases where the object to be examined, information, documents, and related items cannot be sent along with the request for forensic examination, the person requesting the examination shall be responsible for handing over these items to the individual or organization conducting the examination.

2. The decision to request the forensic examination must include the following contents:

a) Name of the agency requesting the forensic examination; name and surname of the authorized person requesting the examination;

b) Name of the organization; name and surname of the person requested to conduct the examination;

c) Summary of the matter's content;

d) Name and characteristics of the object to be examined;

đ) Name of the documents, items related or comparison samples sent along (if any);

e) Professional content of the issue to be examined;

g) Date of requesting the forensic examination and the deadline for submitting the forensic examination conclusion.

3. In cases of supplementary requests for forensic examinations or re-examinations, the decision to request the forensic examination must clearly state that it is a supplementary request or a re-examination and the reasons for the supplementary examination or re-examination.

4. In necessary cases, before issuing the decision to request the forensic examination, the competent authority conducting the criminal proceedings or the authorized person conducting the proceedings may discuss with the individuals or organizations expected to be requested to conduct the examination and relevant agencies regarding the content of the request, the examination period, the information, documents, specimens needed for the examination, and other related issues (if any).

5. In cases where the content to be examined relates to multiple fields and falls under the responsibility of several organizations, the person requesting the examination must separate each content and request the organization with appropriate expertise to conduct the examination.

In cases where the examination contents relate to multiple closely related specialized fields, falling under the responsibility of several organizations, and separating each content causes difficulties in conducting the examination, affecting the accuracy of the examination results or prolonging the examination time, the person requesting the examination must determine the main content to be examined to identify the leading organization and the cooperating organization in conducting the examination.

The leading organization is responsible for organizing and implementing the overall examination and conducting the examination on its own specialized content.

Within five working days from the date of receiving the decision to request the forensic examination, the organization requested to conduct the forensic examination must send a written appointment of the examiner to the person requesting the examination; for the cooperating organization in conducting the examination, it must also send a written appointment of the examiner to the leading organization. The leading organization must immediately organize the examination upon receipt of the written appointment from the cooperating organization. The examination in this case is conducted in the form of a collective examination across different specialized fields as stipulated in Clause 3, Article 28 of this Law.

In cases where disputes arise during the request for examination or cooperation in conducting the examination, the competent authority conducting the criminal proceedings or the authorized person conducting the proceedings shall coordinate with the organization requested to resolve the issue.

16. Supplement Article 26a after Article 26 as follows:

"Article 26a. Time limit for forensic examination in cases of requesting forensic examination

1. The time limit for forensic examination is calculated from the day the individual or organization requested to conduct the forensic examination receives the decision to request the forensic examination and all necessary files, objects to be examined, information, documents, items, and specimens required for the examination.

During the examination process, if additional files or documents are needed as a basis for the examination, the individual or organization requested to conduct the examination may request the person who requested the examination to provide additional files or documents in writing. The time from when the individual or organization requested to conduct the examination makes the request to when they receive the additional files or documents is not included in the examination time limit.

2. The time limit for forensic examination in cases where forensic examination is mandatory according to the provisions of the Criminal Procedure Law shall be carried out in accordance with the provisions of the Criminal Procedure Law.

3. The time limit for forensic examination in cases not covered by Clause 2 of this Article shall be a maximum of three months. For complex cases or large volumes of work, the maximum time limit for forensic examination is four months.

The ministry or equivalent ministry managing the specialized field of forensic examination shall base the maximum time limit and the nature of the specialized field to set the time limit for forensic examination for specific types of cases. The time limit for forensic examination may be extended by the decision of the requesting agency but shall not exceed half of the maximum time limit for that type of case.

4. The person requesting the forensic examination may agree on the time limit for the examination with the individual or organization requested to conduct the examination before requesting the forensic examination, but it shall not exceed the time limit prescribed in Clauses 2 and 3 of this Article.

5. In cases where issues arise or there is a basis to believe that the examination cannot be completed within the time limit, the individual or organization conducting the examination must promptly notify in writing, stating the reasons to the person requesting the examination and the estimated completion time and issuance of the examination conclusion."

17. Amend and supplement Article 31 as follows:

"Article 31. Documentation recording the process of conducting forensic examination

1. The person conducting the forensic examination must promptly, fully, and truthfully record in writing the entire process of conducting the examination case.

2. The documentation recording the process of conducting the forensic examination must clearly state the condition of the object sent for examination and the information, documents sent along as the basis for the examination, the time, place, content of the work, progress, method of conducting the examination, results achieved, and must have the signature of the forensic examiner.

The documentation recording the process of conducting the forensic examination must be kept in the examination file."

Ministries, ministry-level agencies managing the field of forensic appraisal have the following tasks and authorities:

The budget for reimbursing the costs of forensic appraisal which the competent authority initiating the criminal proceedings is responsible for paying shall be guaranteed from the State budget according to the annual budget of that agency to carry out forensic appraisal tasks."

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

a) Name and surname of the forensic appraiser; organization conducting the forensic appraisal;

b) Name of the competent authority initiating the criminal proceedings, name and surname of the person authorized to initiate the forensic appraisal request; number of the forensic appraisal request document or name and surname of the person requesting the forensic appraisal;

c) Information identifying the subject of the appraisal;

d) Time of receipt of the forensic appraisal request document;

đ) Content of the request for appraisal;

e) Method of conducting the appraisal;

g) A clear and specific conclusion regarding the specialized content of the object requiring forensic appraisal according to the request for forensic appraisal;

h) Time and place of conducting and completing the appraisal.

2. In cases where an individual is requested to conduct a forensic appraisal, the forensic appraisal conclusion must bear the signature and clearly state the name and surname of the forensic appraiser. In cases where an organization is requested to appoint an appraiser, the forensic appraisal conclusion must bear full signatures, clearly stating the name and surname of the forensic appraiser and have confirmation of the signature from the organization that appointed the appraiser.

In cases where an organization is requested to conduct a forensic appraisal, in addition to the signature and name of the appraiser, the head of the organization must also sign and stamp the forensic appraisal conclusion, and the organization requested to conduct the forensic appraisal must be responsible for the forensic appraisal conclusion.

In cases where the Forensic Appraisal Board provided for in Clause 1, Article 30 of this Law conducts the forensic appraisal, the person authorized to decide on the establishment of the Board must sign and stamp the forensic appraisal conclusion and be responsible for the legal status of the Forensic Appraisal Board.

3. In cases where the forensic appraisal is conducted before the decision to initiate criminal proceedings is made, in accordance with the procedures prescribed by this Law, the competent authority initiating the criminal proceedings may use such forensic appraisal conclusion as a forensic appraisal conclusion."

19. AMEND AND SUPPLEMENT Clauses 2, 3, and 4 of Article 33 AS FOLLOWS:

"2. The forensic appraisal file must be established according to a unified model.

The Minister, Head of a ministry-level agency shall be responsible for detailing the model, components of the file for each type of forensic appraisal and the retention system for forensic appraisal files within their jurisdiction.

3. The organization requested to conduct the forensic appraisal shall be responsible for preserving and retaining the forensic appraisal file carried out by the appraiser belonging to their organization in accordance with the laws on recordkeeping and the regulations of their own ministry, sector, or agency.

The person conducting the appraisal shall be responsible for transferring the forensic appraisal file to the directly managing agency or organization in accordance with the laws on recordkeeping and the regulations of their own ministry, sector, or agency. 4. The forensic appraisal file shall be presented when requested by the competent authority initiating the criminal proceedings, the person authorized to resolve criminal cases, administrative cases, civil disputes."

20. AMEND AND SUPPLEMENT Article 36 AS FOLLOWS:

"Article 36. Costs of Forensic Appraisal

21. ADD Clause 1a AFTER Clause 1 of Article 37 AS FOLLOWS:

"1a. The performance of forensic appraisal by civil servants, public officials, military officers, police officers, professional soldiers, defense workers is a public service activity. The directly managing agency or organization shall be responsible for ensuring sufficient time and other necessary conditions for the performance of the appraisal. The person conducting the appraisal shall enjoy the benefits and policies as prescribed by law.

22. AMEND AND SUPPLEMENT Clause 2 of Article 38 AS FOLLOWS:

"2. The forensic appraiser, forensic appraisal organization, forensic appraisal organization conducting the appraisal on a case-by-case basis that actively contribute to the forensic appraisal activities shall be honored and rewarded."

23. AMEND AND SUPPLEMENT Article 41 AS FOLLOWS:

24. AMEND AND SUPPLEMENT some clauses of Article 42 AS FOLLOWS:

a) AMEND AND SUPPLEMENT Point d Clause 2 AS FOLLOWS:

"d) Issuing statistical indicators, conducting annual statistics on requests for forensic appraisal, evaluating the implementation of forensic appraisal and the use of forensic appraisal conclusions, and the demand for forensic appraisal within the system of investigative agencies under their management;"

b) AMEND AND SUPPLEMENT Point h and ADD Point i AFTER Point h Clause 2 AS FOLLOWS:

b) Issue appraisal procedures; issue or guide the application of specialized standards for appraisal activities; based on requirements and specific characteristics of the fields under its management, specify specific deadlines for each type of appraisal task;

c) Take the lead and coordinate with the Ministry of Justice in deciding to establish, consolidate, and improve public judicial appraisal organizations under its management as prescribed by this Law; assign units under the ministry or equivalent ministries to manage general appraisal work;

d) Appoint, dismiss, issue, and revoke judicial appraiser cards according to their authority; recognize lists of judicial appraisers and judicial appraisal organizations by case; publish and update individual and organizational lists of judicial appraisers on the electronic portal of their own ministry or sector, and simultaneously send those lists to the Ministry of Justice;

e) Be responsible before the Government,

24. Amend and supplement some clauses of Article 42 as follows:

a) Amend and supplement Point d Clause 2 as follows:

"d) Issue statistical indicators, conduct annual statistics on requests for judicial appraisal, evaluate the implementation of judicial appraisal and the use of judicial appraisal conclusions, and the demand for judicial appraisal within the system of investigative agencies under its management;"

b) Amend and supplement Point h and add Point i after Point h in Clause 2 as follows:

"h) Annually, summarize and submit reports to the Ministry of Justice, while sending relevant ministries and sectors about the situation of requesting forensic examination, evaluating the implementation of forensic examination and using forensic examination conclusions, and the demand for forensic examination within the investigation agencies under their management; direct the provincial police to submit reports to the Department of Justice, while sending them to relevant departments and sectors about the situation of requesting forensic examination, evaluating the implementation of forensic examination and using forensic examination conclusions, and the demand for forensic examination at the local level;"

"i) Prepare budgets and propose competent authorities to allocate funds to ensure payment of forensic examination costs; in cases where allocated funds are insufficient, prepare budgets to supplement and ensure timely and full payment of forensic examination costs in accordance with laws on state budget;"

c) Amending and supplementing Clause 3 as follows:

"3. The Ministry of National Defense shall perform tasks and exercise powers as prescribed in points d, e, g and i of Clause 2 of this Article; annually, summarize and submit reports to the Ministry of Justice, while sending them to relevant ministries and sectors about the situation of requesting forensic examination, evaluating the implementation of forensic examination and using forensic examination conclusions, and the demand for forensic examination within the investigation agencies under their management."

25. Amend and supplement some points and clauses of Article 43 as follows:

a) Amend and supplement points a, b, c, d and đ of Clause 1 as follows:

"a) Establish public forensic examination organizations; decide to permit the establishment of Forensic Examination Offices;"

"b) Appoint, dismiss, issue, and revoke forensic examiner certificates according to authority; recognize lists of forensic examiners for specific cases and forensic examination organizations for specific cases at the local level; publish and update lists of individual and organizational forensic examiners on the electronic portal of the Provincial People's Committee, and simultaneously send these lists to the Ministry of Justice;"

"c) Ensure funding, equipment, means of forensic examination, and other necessary material conditions for individual and organizational forensic examiners under their management;"

"d) Organize legal knowledge training for local forensic examiners;"

"đ) Annually, evaluate the quality of activities of individual and organizational forensic examiners at the local level in accordance with Government regulations, promptly honor and reward individuals and organizations with outstanding achievements in forensic examination activities, and report results to the Ministry of Justice;"

b) Amend and supplement Clause 2 as follows:

"2. The Department of Justice shall be responsible for assisting the Provincial People's Committee in managing forensic examination activities at the local level; take the lead and coordinate with other specialized agencies to assist the Provincial People's Committee in managing the activities of Forensic Examination Offices. Specialized agencies under the Provincial People's Committee that manage the field of forensic examination shall be responsible before the Provincial People's Committee for the organization and operation of forensic examination activities within their management scope; coordinate with the Department of Justice to assist the Provincial People's Committee in managing forensic examination activities at the local level; assign units to act as the main point of contact to assist specialized agencies in managing forensic examination work within their jurisdiction."

26. Amend and supplement some clauses of Article 44 as follows:

a) Amend and supplement Clause 2 as follows:

"2. Issue statistical indicators, implement statistics on requests for forensic examination, evaluate the implementation of forensic examination and the use of forensic examination conclusions, and the demand for forensic examination within the system of People's Courts and People's Procuratorates, and report to the National Assembly in annual reports, while submitting reports to the Ministry of Justice and relevant ministries and sectors; direct People's Courts and People's Procuratorates at the provincial level to submit reports to the Department of Justice, while sending them to relevant departments and sectors about the situation of requesting forensic examination, evaluating the implementation of forensic examination and the use of forensic examination conclusions, and the demand for forensic examination at the local level;"

"b) Amend and supplement Clause 4, and add Clauses 5 and 6 after Clause 4 as follows:"

"4. Prepare budgets and propose competent authorities to allocate funds to ensure payment of forensic examination costs and court appearance fees for forensic examiners within the system of People's Courts and People's Procuratorates; in cases where allocated funds are insufficient, prepare budgets to supplement and ensure timely and full payment of forensic examination costs and court appearance fees for forensic examiners in accordance with laws on state budget;"

"5. The President of the Supreme People's Court shall stipulate the position arrangement of forensic examiners when participating in litigation proceedings at court hearings."

"6. The Supreme People's Procuracy shall be responsible for taking the lead and coordinating with the Ministry of Justice in establishing, consolidating, and improving the organization of the Criminal Technical Forensic Examination Office under the Supreme People's Procuracy; publish and update lists of forensic examiners on the electronic portal of the Supreme People's Procuracy, and simultaneously send these lists to the Ministry of Justice; inspect, audit, and resolve complaints and denunciations regarding the organization and operation of forensic examination activities of the Criminal Technical Forensic Examination Office under their management; annually, evaluate the quality of forensic examination activities under their management; promptly honor and reward individuals and organizations with outstanding achievements in forensic examination activities under their management; before December 31 each year, summarize the organization and operation of forensic examination activities under their management and submit reports to the Ministry of Justice for compilation and reporting to the Government."

27. Repeal Clause 3 of Article 45.

28. Replace the phrase "specialized agency of the Provincial People's Committee" with the phrase "specialized agency under the Provincial People's Committee" in Clause 3 of Article 16, Clause 3 of Article 17, and Clause 3 of Article 19.

Article 2. Effective Date

This Law takes effect from January 1, 2021.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 9th session on June 10, 2020.