Decree No. 67/2005/NĐ-CP On detailing the implementation of certain provisions of the Judicial Appraisal Ordinance

DECREE

Detailed Implementation of Certain Provisions of the Legal Appraisal Ordinance

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Legal Appraisal Ordinance dated September 29, 2004;
At the proposal of the Minister of Justice,

DECREE:

PART I

LEGAL APPRAISERS

Article 1. Criteria and Conditions for Appointment of Legal Appraisers

1. The person with a bachelor's degree or higher as stipulated at point a, Clause 2, Article 8 of the Legal Appraisal Ordinance is a person holding a bachelor's degree, master's degree, or doctorate in the field proposed for appointment as a legal appraiser issued by an educational institution in Vietnam.

For persons holding a bachelor's degree, master's degree, or doctorate from an educational institution outside Vietnam, such degrees must be recognized in Vietnam according to the provisions of the law on education and international treaties to which the Socialist Republic of Vietnam is a signatory or member..

2. Based on the Legal Appraisal Ordinance and this Decree, the Minister, Head of a ministry-level agency, or Head of an agency under the Government shall provide specific guidance on the criteria and conditions for appointing legal appraisers in each specialty within the field managed by their respective ministries or agencies.

3. Legal appraisers shall be appointed from among those working in legal appraisal organizations, state agencies, universities, research institutions, enterprises, and other organizations in forensic science, forensic psychiatry, criminal technical investigation, finance-accounting, construction, culture, environment, and other fields as required by litigation activities.

Article 2. Procedures and Formalities for Appointment of Legal Appraisers

1. At the central level, the Head of the unit responsible for organization and personnel of the Ministry, ministry-level agency, or agency under the Government shall take the lead and coordinate with the legal system organization and specialized management unit to select persons meeting the conditions specified in Article 8 of the Legal Appraisal Ordinance and Clause 1 of this Decree, and prepare a dossier to propose the Minister, Head of a ministry-level agency, or Head of an agency under the Government to appoint legal appraisers in the field managed by their respective ministries or agencies.

2. At the local level, the Director of the Department of Justice shall take the lead and coordinate with the specialized department managing the legal appraisal field to select persons meeting the conditions specified in Article 8 of the Legal Appraisal Ordinance, Clause 1 of this Decree and prepare a dossier to propose the Chairman of the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the Chairman of the Provincial People's Committee) to appoint legal appraisers.

3. Within fifteen working days from the date of receipt of the dossier, the Minister, Head of a ministry-level agency, or Head of an agency under the Government, or the Chairman of the Provincial People's Committee shall examine and decide on the appointment of legal appraisers.

4. A person appointed as a legal appraiser shall conduct appraisals in the capacity of a legal appraiser from the date of appointment.

5. The Minister, Head of a ministry-level agency, or Head of an agency under the Government shall provide specific guidance on the dossier and formalities for the appointment of legal appraisers in the field managed by their respective ministries or agencies.

Article 3. Issuance of Cards and Publication of Lists of Legal Appraisers

1. A person appointed as a legal appraiser shall be issued a legal appraiser card by the Ministry of Justice for use in exercising rights and performing duties of a legal appraiser as prescribed in Articles 12 and 13 of the Legal Appraisal Ordinance.

2. When making a decision to appoint a legal appraiser, the Minister, Head of a ministry-level agency, or Head of an agency under the Government, or the Chairman of the Provincial People's Committee shall simultaneously issue a document requesting the Ministry of Justice to issue a legal appraiser card.

Attached to the document requesting issuance of a legal appraiser card are the following documents:

a) Decision on the appointment of a legal appraiser;

b) Brief resume of the person proposed for issuance of a legal appraiser card;

c) Two color passport-sized photographs (2cm x 3cm) of the person proposed for issuance of a legal appraiser card.

3. Within fifteen working days from the date of receipt of the document requesting issuance of a legal appraiser card and attached documents, the Ministry of Justice shall have the responsibility to issue a legal appraiser card to the person appointed as a legal appraiser.

4. Annually, the Ministry of Justice shall compile and publish on at least one mass media channel the list of legal appraisers nationwide.

Article 4. Removal and Revocation of Legal Appraiser Cards

1. The removal of a legal appraiser shall be carried out when the legal appraiser falls under one of the cases stipulated in Clause 2, Article 9 of the Legal Appraisal Ordinance or in the case where the legal appraiser cannot continue to perform the appraisal work due to a legitimate reason.

2. At the central level, the Head of the unit responsible for organization and personnel of the Ministry, ministry-level agency, or agency under the Government shall take the lead and coordinate with the legal system organization and specialized management unit to propose the Minister, Head of a ministry-level agency, or Head of an agency under the Government to decide on the removal of legal appraisers in the field managed by their respective ministries or agencies.

3. At the local level, the Director of the Department of Justice shall take the lead and coordinate with the Director of the specialized department managing the legal appraisal field to propose the Chairman of the Provincial People's Committee to decide on the removal of legal appraisers.

4. The dossier proposing the removal of a legal appraiser includes the following documents:

a) Document proposing the removal of a legal appraiser from the Head of the unit responsible for organization and personnel of the Ministry, ministry-level agency, or agency under the Government or the Director of the Department of Justice;

b) Documents and papers proving that the legal appraiser falls under one of the cases stipulated in Clause 1 of this Article.

5. Within fifteen working days from the date of receipt of the dossier, the Minister, Head of a ministry-level agency, or Head of an agency under the Government, or the Chairman of the Provincial People's Committee shall examine and decide on the removal of a legal appraiser.

When making a decision to remove a legal appraiser, the Minister, Head of a ministry-level agency, or Head of an agency under the Government, or the Chairman of the Provincial People's Committee shall simultaneously revoke the legal appraiser card of the person being removed.

The decision to remove a legal appraiser accompanied by the legal appraiser card of the person being removed shall be sent to the Ministry of Justice.

6. Within fifteen working days from the date of receiving the decision on the removal of the judicial expert and the judicial expert card of the person being removed, the Ministry of Justice shall remove such judicial expert's name from the list of judicial experts and publish it in at least one mass media outlet.

Article 5.  Establishment and publication of the list of judicial experts by case

1. Based on the needs of litigation activities for each field of expertise, the Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees shall select individuals who meet the conditions stipulated in Clause 1 and Clause 2 of Article 11 of the Ordinance on Judicial Expertise and propose to the Ministry of Justice to include them in the list of judicial experts by case.

2. Annually, the Ministry of Justice shall publish in at least one mass media outlet the list of judicial experts by case nationwide.

Article 6. Allowances, supplements, and remuneration for judicial experts

1. In addition to enjoying allowances applicable to their respective fields, judicial experts in forensic medicine, forensic psychiatry, and criminal technical fields who are paid from the state budget shall enjoy work responsibility allowances according to the regulations of the Government on salary systems for civil servants, public officials, and armed forces personnel, starting from the date they are appointed as judicial experts.

2. When conducting expertise, judicial experts who are paid from the state budget shall be entitled to case-by-case supplements.

Those who are paid from the state budget assisting judicial experts during the conduct of expertise shall be entitled to eighty-five percent of the supplement that the judicial expert receives.

3. The Ministry of Interior shall take the lead, coordinate with the Ministry of Finance and the Ministry of Justice to specify the allowances and supplements applicable to each field of judicial expertise based on the proposals of Ministries, ministerial-level agencies, and agencies under the Government managing the field of judicial expertise.

4. Judicial experts who are not paid from the state budget shall be entitled to judicial expertise remuneration as prescribed in Clause 2 of Article 38 of the Ordinance on Judicial Expertise.

Chapter II

FUNCTIONS, DUTIES, ORGANIZATIONAL STRUCTURE, AND ACTIVITIES OF JUDICIAL EXPERTISE ORGANIZATIONS

JUDICIAL

Article 7. National Forensic Institute

1. The Ministry of Justice shall take the lead, coordinate with the Ministry of Health, the Ministry of Public Security, and the Ministry of National Defense to submit to the Prime Minister for a decision to establish the National Forensic Institute.

2. The National Forensic Institute shall have the following functions and duties:

a) Conducting forensic expertise in accordance with the provisions of procedural laws and the Ordinance on Judicial Expertise;

b) Researching forensic science;

c) Participating in postgraduate training in forensic specialties in accordance with the provisions of education laws;

d) Establishing professional standards for forensic expertise;

đ) Developing programs and organizing forensic training for forensic experts, guiding forensic practices for forensic expertise organizations nationwide;

e) Summarizing and reporting to the Ministry of Health and the Ministry of Justice on the organization and operation of forensic expertise in the health sector, proposing measures to improve the effectiveness of forensic expertise operations;

g) Implementing international cooperation activities in forensic science;

h) Other tasks as prescribed by the Prime Minister.

3. The National Forensic Institute shall have a Director, Deputy Directors, and functional units. The Director and Deputy Directors of the National Forensic Institute must be full-time forensic experts and shall be appointed by the Minister of Health.

The Minister of Health shall specify the organizational structure of the National Forensic Institute after reaching consensus with the Minister of Justice.

4. The National Forensic Institute shall operate in accordance with the Ordinance on Judicial Expertise, this Decree, and other regulatory legal documents applicable to revenue-generating public institutions.

Article 8. Provincial Forensic Centers

1. In provinces and centrally-administered cities with a large and regular number of forensic expertise requests, having adequate material facilities, and having three or more full-time forensic experts, the Department of Justice shall be responsible for leading and coordinating with the Department of Health to develop a proposal and submit it to the provincial People's Committee for a decision to establish a Provincial Forensic Center (hereinafter referred to as the Provincial Forensic Center).

2. The Provincial Forensic Center shall have the following functions and duties:

a) Conducting forensic expertise in accordance with the provisions of procedural laws and the Ordinance on Judicial Expertise;

b) Researching forensic science;

c) Reporting to the Department of Health and the Department of Justice on the organization and operation of forensic expertise in the locality;

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

3. The Provincial Forensic Center shall have a Director, Deputy Directors, and functional units. The Director and Deputy Directors of the Provincial Forensic Center must be full-time forensic experts and shall be appointed by the Director of the Department of Health.

The provincial People's Committee shall specify the organizational structure of the Provincial Forensic Center based on the proposals of the Director of the Department of Health and the Director of the Department of Justice.

4. The Provincial Forensic Center shall operate in accordance with the Ordinance on Judicial Expertise, this Decree, and other regulatory legal documents applicable to revenue-generating public institutions.

5. In provinces and centrally-administered cities that do not yet have the conditions to establish a Provincial Forensic Center, the Director of the Department of Health shall issue a decision to establish a Forensic Expertise Department under the provincial general hospital, after reaching consensus with the Director of the Department of Justice.

The Head and Deputy Heads of the Forensic Expertise Department must be full-time forensic experts and shall be appointed by the Director of the Department of Health.

The Forensic Expertise Department shall have its own seal for use in conducting expertise.

Article 9. Military Forensic Institute

1. The Military Forensic Institute shall have the following functions and duties:

a) Conducting forensic expertise in accordance with the provisions of procedural laws and the Ordinance on Judicial Expertise;

b) Researching forensic science;

c) Participating in postgraduate training in forensic specialties in accordance with the provisions of education laws;

d) Training forensic skills for forensic experts in the military;

đ) Summarizing and reporting to the Ministry of National Defense and the Ministry of Justice on the organization and operation of forensic expertise in the military;

e) Implementing international cooperation activities in forensic science;

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

2. The Military Forensic Institute shall have a Director, Deputy Directors, and functional units. The Director and Deputy Directors of the Military Forensic Institute shall be appointed by the Minister of National Defense.

3. The Ministry of National Defense shall take the lead, coordinate with the Ministry of Justice to consolidate and improve the organization and operation of the Military Forensic Institute in accordance with the Ordinance on Judicial Expertise and this Decree.

Article 10. Forensic Center under the Institute of Criminal Science

1. The Forensic Center under the Institute of Criminal Science has the following functions and tasks:

a) Conducting forensic expertise in accordance with the provisions of procedural laws and the Ordinance on Judicial Expertise;

b) Researching forensic science;

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

2. The Forensic Center under the Institute of Criminal Science has a Director, Deputy Director, and functional departments. The appointment of the Director and Deputy Director of the Forensic Center under the Institute of Criminal Science shall be carried out in accordance with the regulations of the Minister of Public Security.

The Forensic Center under the Institute of Criminal Science has its own seal for use in conducting forensic examinations.

3. The Ministry of Public Security takes the lead and coordinates with the Ministry of Justice in consolidating and improving the organization and operation of the Forensic Center under the Institute of Criminal Science in accordance with the provisions of the Decree on Forensic Appraisal and this Decree.

Article 11. Central Institute of Forensic Psychiatry

1. The Central Institute of Forensic Psychiatry has the following functions and tasks:

a) Conducting forensic psychiatric appraisals in accordance with the provisions of procedural laws and the Decree on Forensic Appraisal;

b) Researching forensic psychiatry;

c) Participating in postgraduate training in forensic psychiatry in accordance with the provisions of education laws;

d) Establishing professional standards for forensic psychiatric appraisals;

đ) Developing programs and organizing training for forensic psychiatric appraisers, guiding forensic psychiatric practices for forensic psychiatric appraisal organizations nationwide;

e) Summarizing and reporting to the Ministry of Health and the Ministry of Justice on the organization and operation of forensic psychiatric appraisals; proposing measures to improve the effectiveness of forensic psychiatric appraisals;

g) Implementing international cooperation activities in forensic psychiatry;

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

2. The Central Institute of Forensic Psychiatry has a Director, Deputy Director, and functional units. The Director and Deputy Director of the Central Institute of Forensic Psychiatry are appointed by the Minister of Health.

3. The Minister of Health decides to establish and specifically define the organizational structure and operation of the Central Institute of Forensic Psychiatry after reaching consensus with the Minister of Justice.

4. The Central Institute of Forensic Psychiatry operates in accordance with the Decree on Forensic Appraisal, this Decree, and other regulatory legal documents applicable to self-financing public service units.

Article 12. Provincial Forensic Psychiatry Appraisal Centers

1. In provinces and centrally-administered cities where there is a provincial mental hospital, the Department of Justice takes the lead and coordinates with the Department of Health to submit to the People's Committee of the province a decision to establish a Provincial Forensic Psychiatry Appraisal Center (hereinafter referred to as the Provincial Forensic Psychiatry Appraisal Center).

2. The Provincial Forensic Psychiatry Appraisal Center has the following functions and tasks:

a) Conducting forensic psychiatric appraisals in accordance with the provisions of procedural laws and the Decree on Forensic Appraisal;

b) Researching forensic psychiatry;

c) Reporting to the Department of Health and the Department of Justice on the organization and operation of forensic psychiatric appraisals in the locality;

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

3. The Provincial Forensic Psychiatry Appraisal Center has a Director, Deputy Director, and functional departments. The Director and Deputy Director of the Provincial Forensic Psychiatry Appraisal Center are appointed by the Director of the Department of Health.

The People's Committee of the province specifies the organizational structure of the Provincial Forensic Psychiatry Appraisal Center according to the proposal of the Director of the Department of Health and the Director of the Department of Justice.

4. The Provincial Forensic Psychiatry Appraisal Center operates in accordance with the Decree on Forensic Appraisal, this Decree, and other regulatory legal documents applicable to self-financing public service units.

Article 13. Institute of Criminal Science under the Ministry of Public Security

1. The Institute of Criminal Science under the Ministry of Public Security has the following functions and tasks:

a) Conducting criminal technical and forensic appraisals in accordance with the provisions of procedural laws and the Decree on Forensic Appraisal;

b) Researching criminal technical and forensic sciences;

c) Participating in postgraduate training in criminal technical specialties in accordance with the provisions of education laws;

d) Establishing professional standards for criminal technical appraisals;

đ) Developing programs and organizing training for criminal technical appraisers, guiding criminal technical practices for criminal technical appraisal organizations nationwide;

e) Summarizing and reporting to the Ministry of Public Security and the Ministry of Justice on the organization and operation of criminal technical and forensic appraisals within the police sector; proposing measures to improve the effectiveness of criminal technical appraisals;

g) Implementing international cooperation activities in criminal technical and forensic sciences;

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

2. The Institute of Criminal Science under the Ministry of Public Security has a Director, Deputy Director, and functional units. The Director and Deputy Director of the Institute of Criminal Science under the Ministry of Public Security are appointed by the Minister of Public Security.

3. The Ministry of Public Security takes the lead and coordinates with the Ministry of Justice in consolidating and improving the organization and operation of the Institute of Criminal Science under the Ministry of Public Security in accordance with the provisions of the Decree on Forensic Appraisal and this Decree.

Article 14. Criminal Technical Investigation Department under the Provincial Police

1. The Criminal Technical Investigation Department under the Provincial Police (hereinafter referred to as the Provincial Criminal Technical Investigation Department) has the following functions and tasks:

a) Conducting criminal technical and forensic appraisals in accordance with the provisions of procedural laws and the Decree on Forensic Appraisal;

b) Researching criminal technical and forensic sciences;

c) Reporting to the Provincial Police and the Department of Justice on the organization and operation of criminal technical and forensic appraisals in the locality;

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

2. The Provincial Criminal Technical Investigation Department has a Head, Deputy Head, criminal technical investigation department, and forensic department.

The appointment of the Head and Deputy Head of the Provincial Criminal Technical Investigation Department is carried out in accordance with the regulations of the Minister of Public Security.

The Provincial Criminal Technical Investigation Department has its own seal for use in conducting appraisals.

3. The Ministry of Public Security is responsible for consolidating and improving the organization and operation of the Provincial Criminal Technical Investigation Department in accordance with the provisions of the Decree on Forensic Appraisal and this Decree.

Article 15. Criminal Technical Investigation Department under the Ministry of National Defense

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

a) Conducting criminal technical appraisals in accordance with the provisions of procedural laws and the Decree on Forensic Appraisal;

b) Researching criminal technical sciences;

c) Summarize, report to the Ministry of National Defense and the Ministry of Justice on the organization and operation of criminal technical identification activities in the military;

d) Carry out international cooperation activities in criminal technical identification;

đ) Other tasks as prescribed by the Minister of National Defense;

2. The Criminal Technical Identification Department under the Ministry of National Defense shall have a Head and a Deputy Head.

The appointment of the Head and Deputy Head of the Criminal Technical Identification Department under the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

The Criminal Technical Identification Department under the Ministry of National Defense shall have its own seal for use in conducting identification activities.

3. The Minister of National Defense shall specify in detail the organizational structure and operations of the Criminal Technical Identification Department under the Ministry of National Defense in accordance with the provisions of the Judicial Identification Ordinance and this Decree, after reaching consensus with the Minister of Justice.

Article 16. Ensuring material and technical facilities for judicial identification organizations

1. The operating funds of judicial identification organizations specified in Chapter II of this Decree shall be guaranteed from the following sources:

a) State budget;

b) Judicial identification fees;

c) Other income sources as prescribed by law.

2. The state budget funds guaranteeing the operation of judicial identification organizations specified in point a, Clause 1, Article 9 of this Decree shall be implemented as follows:

a) State budget funds guaranteeing the operation of the National Forensic Medicine Institute and the Central Forensic Psychiatry Identification Institute shall be allocated in the annual state budget expenditure plan of the Ministry of Health;

b) State budget funds guaranteeing the operation of judicial identification organizations within the public security sector and the military shall be allocated in the annual state budget expenditure plans of the Ministry of Public Security and the Ministry of National Defense;

c) State budget funds guaranteeing the operation of provincial forensic medicine centers and provincial forensic psychiatry identification centers shall be allocated in the annual state budget expenditure plans of provincial health departments;

d) State budget funds guaranteeing the operation of forensic identification departments at provincial general hospitals shall be allocated in the annual state budget expenditure plans of provincial general hospitals.

3. The procedures for allocating state budget funds guaranteeing the operation of judicial identification organizations specified in Clause 2, Article 9 of this Decree shall be implemented in accordance with the State Budget Law and related guiding documents.

Chapter III

JUDICIAL IDENTIFICATION ACTIVITIES AND JUDICIAL IDENTIFICATION FEES

Article 17. Conditions for conducting identification by specialized organizations

A specialized organization that meets the conditions regarding expertise and material and technical facilities to conduct identification as stipulated in point c, Clause 1, Article 24 of the Judicial Identification Ordinance is an organization that satisfies all conditions according to the professional standards in the relevant field issued by competent state agencies as provided for in Article 24 of this Decree.

Article 18. Handover and receipt of identification objects

1. The handover and receipt of identification objects when requesting identification shall be carried out in accordance with the provisions of Clause 1, Article 29 of the Judicial Identification Ordinance.

For forensic psychiatric identification activities, the agency requesting identification shall be responsible for leading and coordinating with the forensic psychiatric identification organization to manage human identification subjects during the identification process.

2. When receiving the identification conclusion, the investigative agency, the person requesting identification must return the identification object, except in cases where the identification object has been destroyed due to the identification process.

3. The procedures for handing over and receiving identification objects when requesting identification; the procedures for handing over and receiving back identification objects when receiving the identification conclusion shall be carried out in accordance with the professional standards of each identification field issued by competent state agencies as provided for in Article 24 of this Decree.

Article 19. Identification Council

1. Based on the decision requesting identification of the investigative agency, the Minister, the head of an agency equivalent to a ministry, or the head of an agency under the Government managing the relevant field shall select members of the Identification Council and issue a decision to establish the Identification Council to conduct re-identification as prescribed in Clause 2, Article 33 of the Judicial Identification Ordinance.

The Identification Council shall have a Chairman and members.

2. The identification activity of the Identification Council shall be conducted in accordance with the regulations applicable to collective identification as stipulated in Clause 3, Article 31 of the Judicial Identification Ordinance.

Article 20. Judicial identification fees

The Ministry of Finance shall prescribe judicial identification fees for each identification field upon the proposal of the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries and agencies equivalent to ministries or under the Government managing judicial identification fields.

Article 21. Exemption and reduction of judicial identification fees

1. The exemption and reduction of judicial identification fees shall apply to parties who must bear judicial identification fees and belong to the poor category or policy beneficiaries as prescribed by law.

2. Individuals belonging to the category eligible for exemption and reduction of judicial identification fees as stipulated in Clause 1 of this Article must have a certificate from a competent state agency as prescribed by law.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other relevant ministries to specify the details of the exemption and reduction of judicial identification fees.

Article 22. Management and use of judicial identification fees

1. The management and use of judicial identification fees shall be implemented in accordance with the laws on fees and charges.

2. Based on the laws on fees and charges, the Judicial Identification Ordinance, and this Decree, the Ministry of Finance shall be responsible for providing detailed guidance on the management and use of judicial identification fees.

Article 23. Providing identification services at the request of individuals and organizations

1. Judicial identification organizations may provide identification services at the request of individuals and organizations.

2. The provision of identification services at the request of individuals and organizations as stipulated in this Article must comply with the professional standards of the relevant field.

3. The identification conclusions made at the request of individuals and organizations as stipulated in this Article shall not be considered judicial identification conclusions.

4. The collection, management, and use of revenues from the provision of appraisal services at the request of individuals and organizations shall be carried out in accordance with the laws on fees and charges, and the financial regulations applicable to public service units with revenue.

5. The Ministry of Justice shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Health, and other relevant ministries and sectors to guide the implementation of appraisal services at the request of individuals and organizations as stipulated in this Article.

Chapter IV

STATE MANAGEMENT OF LEGAL APPRAISALS

Article 24. Authority to issue professional standards in appraisal fields

1. The Ministry of Health shall take the lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice to promulgate professional standards for forensic appraisals and forensic psychiatric appraisals.

2. The Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense and the Ministry of Justice to promulgate professional standards for criminal technical appraisals.

3. For other fields, depending on the nature of the legal appraisal activities in each field, such appraisals may be conducted according to general professional standards of that field, or the relevant ministry or agency equivalent to a ministry may issue specific professional standards applicable to legal appraisal activities in that field.

Article 25. Duties and powers of the Department of Justice and specialized departments managing legal appraisal fields

1. The Department of Justice assists the People's Committee of the province in state management of legal appraisals in the locality and has the following duties and powers:

a) To take the lead and coordinate with specialized departments managing legal appraisal fields to submit to the People's Committee of the province for decision on establishing legal appraisal organizations in the locality;

b) To propose the Chairman of the People's Committee of the province to appoint or relieve legal appraisers in the locality, after reaching consensus with the specialized departments managing legal appraisal fields;

c) To prepare files to request the Ministry of Justice to issue or revoke legal appraiser cards;

d) To take the lead and coordinate with specialized departments managing legal appraisal fields to select legal appraisers for specific cases for the People's Committee of the province to propose the Ministry of Justice to establish and publish lists;

đ) To coordinate with specialized departments managing legal appraisal fields in organizing professional training and necessary legal knowledge for local legal appraisers;

e) To coordinate with specialized departments managing legal appraisal fields in inspecting and supervising the implementation of laws on legal appraisals; resolving complaints and denunciations within their authority;

g) To report periodically every six months and annually to the People's Committee of the province and the Ministry of Justice on the organization and operation of legal appraisals in the locality.

2. Specialized departments managing legal appraisal fields have the following duties and powers in managing legal appraisal organizations and activities:

a) To coordinate with the Department of Justice in selecting candidates to propose the Chairman of the People's Committee of the province to appoint legal appraisers;

b) To coordinate with the Department of Justice in selecting legal appraisers for specific cases within their specialized fields;

c) To prepare budgets for the operations of legal appraisal organizations under their management;

d) To take the lead and coordinate with the Department of Justice in organizing professional training and necessary legal knowledge for local legal appraisers;

đ) To take the lead and coordinate with the Department of Justice in inspecting and supervising the implementation of laws on legal appraisals, resolving complaints and denunciations within their authority.

Article 26. Handling Violations

1. Legal appraisers who violate the provisions of the Legal Appraisal Ordinance and this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature, severity, and object of the violation.

2. Organizations that violate the provisions of the Legal Appraisal Ordinance and this Decree shall be subject to administrative penalties.

Individuals who commit acts violating the provisions of the Legal Appraisal Ordinance and this Decree shall be subject to administrative penalties or criminal prosecution, depending on the nature and severity of the violation, as provided by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Investment projects related to the provisions at Amendment 1:2025 QCVN 07:2023/BXD issued accompanying this Circular that have been approved before this Circular takes effect shall continue to be implemented according to the regulations at the time of approval; the investment decision maker has the right to choose to apply Amendment 1:2025 QCVN 07:2023/BXD issued accompanying this Circular.

1. Within two months from the date this Decree takes effect, the Minister, Head of an agency equivalent to a ministry, Head of a government agency, and the Chairman of the People's Committee of the province shall be responsible for reviewing the cadre of legal appraisers under their respective ministries, sectors, or localities' management and requesting the Ministry of Justice to issue legal appraiser cards to those who meet the conditions for appointment as legal appraisers as stipulated in Article 8 of the Legal Appraisal Ordinance and Article 1 of this Decree.

2. Legal appraisal organizations in the fields of forensic science, forensic psychiatry, and criminal technical science established according to Decree No. 117/HĐBT dated July 21, 1988 of the Council of Ministers on legal appraisals shall continue to operate until new or reinforced legal appraisal organizations are established according to the Legal Appraisal Ordinance and this Decree.

Legal appraisal organizations in the fields of culture, finance and accounting, construction, and science and technology established according to Decree No. 117/HĐBT dated July 21, 1988 of the Council of Ministers on legal appraisals shall be dissolved by the decision of the Minister, Head of an agency equivalent to a ministry, Head of a government agency, or the Chairman of the People's Committee of the province within two months from the date this Decree takes effect.

When deciding to dissolve legal appraisal organizations in the fields of culture, finance and accounting, construction, and science and technology, the Minister, Head of an agency equivalent to a ministry, Head of a government agency, or the Chairman of the People's Committee of the province shall simultaneously decide to relieve the heads of these legal appraisal organizations of their positions.

Article 28. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 29. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

Article 30. Implementation guidance

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 relevant ministries shall be responsible for guiding the implementation of this Decree.