Decree No. 85/2013/ND-CP details and guides the implementation of the Law on Judicial Appraisal, including public judicial appraisal organizations, Judicial Appraisal Offices, policies for judicial appraisers, and state management of judicial appraisal. This Decree takes effect from September 15, 2013.
적용 범위
Ministry of Health, Ministry of Public Security, Ministry of National Defense, other ministries, ministerial-level agencies, provincial People's Committees, public judicial appraisal organizations, provincial forensic medical centers, National Forensic Science Institute, forensic science centers under the Institute of Criminal Science, regional forensic psychiatric centers, judicial appraisal organizations based on cases.
핵심 사항
- Public judicial appraisal organizations conduct appraisals upon request or provide non-litigation appraisal services (Article 2).
- Judicial Appraisal Offices operate in accordance with the Law on Judicial Appraisal, the Enterprise Law, and this Decree (Article 12).
- The procedure for establishing a Judicial Appraisal Office includes submitting an application, drafting the organizational charter, and registering activities (Articles 13-14).
- Tax incentives for Judicial Appraisal Offices (Article 22).
- Judicial appraisers are entitled to allowances and position-based subsidies as stipulated in this Decree (Articles 25-26).
🌐 이 문서의 사회적 영향
- Establishing a legal basis for the organization and operation of public judicial appraisal organizations and Judicial Appraisal Offices.
- Enhancing the quality of judicial appraisal activities through training and evaluating performance (Articles 27-28).
- Reducing the financial burden on those requesting judicial appraisals through tax incentive policies (Article 22).
❓ 자주 묻는 질문
What type of entity does a Judicial Appraisal Office operate as?
According to this Decree, Judicial Appraisal Offices are organized and operate in accordance with the Law on Judicial Appraisal, the Enterprise Law, this Decree, and other relevant laws (Article 12).
What procedures are involved in establishing a Judicial Appraisal Office?
The establishment procedures for a Judicial Appraisal Office include submitting an application, drafting the organizational charter, and registering activities (Articles 13-14).
What benefits do judicial appraisers receive?
Judicial appraisers are entitled to judicial appraisal allowances, responsibility-based subsidies, and work-related subsidies (Articles 25-26).
Is a Judicial Appraisal Office authorized to collect judicial appraisal fees according to the law?
Yes, a Judicial Appraisal Office is authorized to collect judicial appraisal fees according to the law (Article 18).
When does this Decree take effect?
This Decree takes effect from September 15, 2013 (Article 30).
전문
DECREE
Article 24etermine and implementANNEX I.A[31] measures to enforce the Law on Forensic AppraisalANNEX I.A[31] organized by the Government on December 25
___________________________
Pursuant to the Law Tof the year 200amend01;
Based on the Law on Forensic Appraisal dated March 20June 2024;2012;
Căn cứ Pháp lệnh ChANNEX I.A[31] appraisal fees, valuation fees; expenses for witnesses, interpreters in litigation proceedings on March 28 l2012;
Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on Resolution of the Minister of Justice;
and measures for implementationANNEX I.A[31] measures to enforce the Law on Forensic AppraisalANNEX I.A[31] organized by the Government on December 25,
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates the organization, functions, and tasks of public forensic appraisal organizations; the establishment and registration of operation of forensic appraisal offices; preferential policies for forensic appraisal offices; the publication of lists of forensic appraisers by cases, forensic appraisal organizations by cases; tasks, regulationsonof the Ministries, ministerial-level agencies, provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) regarding forensic appraisal activities.
Chapter II
PUBLIC FORENSIC APPRAISAL ORGANIZATIONS
Article 2. Public forensic appraisal organizations
lthe dossier in accordance with Clause 1 of this Article and submit to the State Bank;1. T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Public forensic appraisal organizations conduct forensic appraisals upon requests from requesting parties according to the provisions of the Law on Forensic Appraisal and provide non-litigation forensic appraisal services upon requests from 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 in detail the implementation of non-litigation forensic appraisal services by public forensic appraisal organizations under their jurisdiction.
2. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, and other ministries and ministerial-level agencies shall specify in detail the working system of public forensic appraisal organizations under their jurisdiction to ensure timely acceptance of requests and performance of forensic appraisals.
Article 3. The National Institute of Legal Medicine under the Ministry of Health
1. The National Institute of Legal Medicine has the following functions and tasks:
a) Conducting forensic medical examinations as prescribed by procedural laws and the Law on Forensic Appraisal;
b) Developing forensic medical examination standards to be promulgated by the Minister of Health;
c) Developing programs, materials, and organizing, guiding professional training in forensic medicine;
d) Directing, supervising, and inspecting forensic medical activities of forensic medical organizations nationwide as prescribed by the Ministry of Health;
d) Conducting scientific research in forensic medicine;
e) Implementing international cooperation activities in forensic medicine as prescribed by the Ministry of Health;
g) Summarizing and reporting annually to the Ministry of Health and the Ministry of Justice on the organization and activities of forensic medical examinations, proposing measures to improve the effectiveness of forensic medical examinations;
h)||| Other tasks as prescribed by the Minister of Health.
2. The National Institute of Legal Medicine has a Director, Deputy Directors. The Director and Deputy Directors responsible for professional forensic appraisal must be judicial appraisers. The Director and Deputy Directors of the National Institute of Legal Medicine are appointed by the Minister of Health.
3. The National Institute of Legal Medicine is a public service unit, operating in accordance with the Law on Forensic Appraisal, this Decree, and other relevant legal provisions.
Article 4. Provincial Legal Medicine Centers
1. Provincial Legal Medicine Centers have the following functions and tasks:
a) Conducting forensic medical examinations as prescribed by procedural laws and the Law on Forensic Appraisal;
b) Conducting scientific research in forensic medicine;
c) Reporting annually to the Department of Health and the Department of Justice on the organization and activities of forensic medical examinations in the province,ồsimultaneously sending reports toon the National Institute of Legal Medicine;
d) Other tasks as prescribed by the provincial People's Committee.
2. Provincial Legal Medicine Centers have a Director, Deputy Directors. The Director and Deputy Directors responsible for professional forensic appraisal must be judicial appraisers. The Director of the Department of Health appoints the Director and Deputy Directors of Provincial Legal Medicine Centers and notifies the Department of Justice of such appointments., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ment
3. Provincial Legal Medicine Centers lare public service units, operating in accordance with the Law on Forensic Appraisal, this Decree, and other relevant legal provisions.
Article 5. The Military Forensic Institute under the Ministry of National Defense
1. The Military Forensic Institute has the following functions and tasks:
a) Conduct forensic medical examinations in accordance with the provisions of procedural laws and the Law on Judicial Appraisal;No. Participate in international cooperation activities in forensic medicine as prescribed by the Ministry of National Defense;
b) Conducting scientific research in forensic medicine;
c) Summarize and report to the Ministry of National Defense, the Ministry of Health, and the Ministry of Justice annually on the organization and operation of forensic medical examinations in the military; at the same time, send reports to the National Forensic Medical Institute;
d) The Military Forensic Institute has a Director and Deputy Directors. The Director and Deputy Directors responsible for specialized forensic examination work must be judicial appraisers.
đ) Other tasks as prescribed by the Minister of National Defense;
2. Article 6. The Forensic Medical Examination Center under the Institute of Criminal Science, Ministry of Public Security
The Forensic Medical Examination Center under the Institute of Criminal Science, Ministry of Public Security has the following functions and tasks:
Other tasks as prescribed by the Minister of Public Security.
1. The Forensic Medical Examination Center under the Institute of Criminal Science, Ministry of Public Security has a Director and Deputy Directors. The Director and Deputy Directors responsible for specialized forensic examination work must be judicial appraisers.
a) Conducting forensic medical examinations as prescribed by procedural laws and the Law on Forensic Appraisal;
b) Conducting scientific research in forensic medicine;
c) The appointment of the Director and Deputy Directors of the Forensic Medical Examination Center under the Institute of Criminal Science shall be carried out in accordance with the regulations of the Minister of Public Security.
2. Article 7. The Central Forensic Psychiatry Institute under the Ministry of Health
The Central Forensic Psychiatry Institute has the following functions and tasks: trConduct forensic psychiatric examinations in accordance with the provisions of procedural laws and the Law on Judicial Appraisal;
Develop forensic psychiatric appraisal standards to be promulgated by the Minister of Health;
1. Develop programs, materials, and organize, guide training in forensic psychiatry professional skills;
a) Guide, direct, and inspect forensic psychiatry operations for forensic psychiatric appraisal organizations nationwide as prescribed by the Ministry of Health;
b) Conduct scientific research in the field of forensic psychiatry;
c) Participate in international cooperation activities in forensic psychiatry as prescribed by the Ministry of Health;ìSummarize and report to the Ministry of Health and the Ministry of Justice annually on the organization and operation of forensic psychiatric examinations; propose measures to improve the effectiveness of forensic psychiatric examinations;
d) The Central Forensic Psychiatry Institute has a Director and Deputy Directors. The Director and Deputy Directors responsible for specialized forensic examination work must be judicial appraisers. The Director and Deputy Directors of the Central Forensic Psychiatry Institute are appointed by the Minister of Health.
The Central Forensic Psychiatry Institute is a public service unit operating in accordance with the Law on Judicial Appraisal, this Decree, and other relevant laws.
e) Regional Forensic Psychiatry Centers under the Ministry of Health
g) Regional Forensic Psychiatry Centers have the following functions and tasks:councillORSConduct scientific research in the field of forensic psychiatry;ầ4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.
h)||| Other tasks as prescribed by the Minister of Health.
2. Report to the Ministry of Health on the organization and operation of forensic psychiatric examinations, and simultaneously send reports to the Central Forensic Psychiatry Institute annually;
3. Regional Forensic Psychiatry Centers have a Director and Deputy Directors. The Director and Deputy Directors responsible for specialized forensic examination work must be judicial appraisers. The Director and Deputy Directors of Regional Forensic Psychiatry Centers are appointed by the Minister of Health.
Article 8
. Regional Forensic Psychiatry Centers are public service units operating in accordance with the Law on Judicial Appraisal, this Decree, and other relevant laws.1. The Regional Forensic Mental Health Center shall have the following functions and tasks:
a) Guide, direct, and inspect forensic psychiatry operations for forensic psychiatric appraisal organizations nationwide as prescribed by the Ministry of Health;
b) Conduct scientific research in the field of forensic mental health;
c) Report to the Ministry of Health on the organization and operation of forensic mental health examinations, simultaneously sending the report to the Central Institute of Forensic Medicine annually;on The Regional Forensic Mental Health Center has a Director and Deputy Directors. The Director and Deputy Directors responsible for professional examination matters must be judicial experts. The Director and Deputy Directors of the Regional Forensic Mental Health Center are appointed by the Minister of Health.ầThe Regional Forensic Mental Health Center is a public service unit operating in accordance with the Law on Judicial Appraisal, this Decree, and other relevant laws.
d) Other tasks as prescribed by the Minister of Health.
2. The Office of Judicial Appraisal is organized and operates in accordance with the Law on Judicial Appraisal, the Enterprise Law, this Decree, and other relevant laws..
3. For the Office of Judicial Appraisal operating under a joint-stock company model, the shareholders must be judicial experts. The Office of Judicial Appraisal may have capital contributors.
Article 9. The Criminal Science Institute under the Ministry of Public Security
1. The Criminal Science Institute shall perform the following functions and tasks:
a) Conducting criminal technical and forensic medical examinations in accordance with the provisions of the procedural laws and the Law on Forensic Appraisal;
b) Drafting technical criminal examination standards to be issued by the Minister of Public Security;
c) Developing programs, materials, and organizing and guiding the professional training of criminal technical expertise;
d) Directing, guiding, and inspecting criminal technical expertise activities of criminal technical examination organizations nationwide in accordance with the regulations of the Ministry of Public Security;
d) Conducting scientific research in the field of criminal technical expertise and forensic medicine;
e) Implementing international cooperation activities in criminal technical expertise and forensic medicine in accordance with the regulations of the Ministry of Public Security;
g) Summarizing and reporting to the Ministry of Public Security and the Ministry of Justice on the organization and operation of criminal technical examinations;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPống kpoliciest, reporting to the Ministry of Public Security, the Department of Health,policiesthe Ministry of Justice on the organization and operation of forensic medicine within the public security sector annually, while sending reports to the National Forensic Medical Institute;No.ational; Enhancing social welfare, increasing income for poor households in villages. The Criminal Science Institute under the Ministry of Public Security has a Director, Deputy Directors. The Director and Deputy Directors responsible for professional appraisal must be judicial appraisers. The appointment of the Director and Deputy Directors of the Criminal Science Institute is carried out according to the regulations of the Minister of Public Security.
h)||| The appointment of the Director and Deputy Directors of the Forensic Medical Examination Center under the Institute of Criminal Science shall be carried out in accordance with the regulations of the Minister of Public Security.
2. Article 10. Criminal Technical Investigation Department under Provincial Police
The Criminal Technical Investigation Department performs the following functions and tasks:
1. Conducting criminal technical examinations in accordance with the provisions of the procedural laws and the Law on Forensic Appraisal;
a) Conducting scientific research in the field of criminal technical expertise;
b) Reporting to the Provincial Police and the Department of Justice on the organization and operation of criminal technical examinations; reporting to the Provincial Police, the Department of Health, the Department of Justice, and the National Forensic Medical Institute on forensic medical examinations annually; simultaneously sending reports to the Criminal Science Institute;
c) The Criminal Technical Investigation Department under the Provincial Police has a Head, Deputy Heads. The Head and Deputy Heads responsible for professional appraisal must be judicial appraisers. The appointment of the Head and Deputy Heads of the Criminal Technical Investigation Department is carried out according to the regulations of the Minister of Public Security.
d) The appointment of the Director and Deputy Directors of the Forensic Medical Examination Center under the Institute of Criminal Science shall be carried out in accordance with the regulations of the Minister of Public Security.
2. Article 11. Criminal Technical Investigation Department under the Ministry of National Defense
The Criminal Technical Investigation Department performs the following functions and tasks:
1. Summarizing and reporting to the Ministry of National Defense on the organization and operation of criminal technical activities annually, while sending reports to the Criminal Science Institute under the Ministry of Public Security;
a) Conducting scientific research in the field of criminal technical expertise;
b) Reporting to the Provincial Police and the Department of Justice on the organization and operation of criminal technical examinations; reporting to the Provincial Police, the Department of Health, the Department of Justice, and the National Forensic Medical Institute on forensic medical examinations annually; simultaneously sending reports to the Criminal Science Institute;
c) Other tasks as prescribed by the Minister of National Defense.
d) The Criminal Technical Investigation Department under the Ministry of National Defense has a Head, Deputy Heads. The Head and Deputy Heads responsible for professional appraisal must be judicial appraisers. The appointment of the Head and Deputy Heads of the Criminal Technical Investigation Department under the Ministry of National Defense is carried out according to the regulations of the Minister of National Defense.
2. Article 12. Office of Judicial AppraisalcouncillORSThe Office of Judicial Appraisal is organized and operates in accordance with the Law on Judicial Appraisal, the Enterprise Law, this Decree, and other relevant laws.inFor the Office of Judicial Appraisal operating in the form of a joint-stock company, the shareholders must be judicial appraisers. The Office of Judicial Appraisal may have capital contributors.
Chapter III
The name of the Office of Judicial Appraisal includes the phrase "Office of Judicial Appraisal" followed by a specific name. The establishment of the specific name and the hanging of signs of the Office shall be carried out in accordance with the provisions of the law.
The Office of Judicial Appraisal has its own headquarters, seal, and separate account in accordance with the provisions of the law.
1. The name of the Office of Judicial Appraisal includes the phrase "Office of Judicial Appraisal" followed by a specific name. The establishment and display of signs for the Office of Judicial Appraisal shall comply with the provisions of the law. DThe Office of Judicial Appraisal has its own headquarters, seal, and separate account in accordance with the provisions of the law.
2. Registration number; date, month, year of issuance of the registration certificate;nationalName of the Office, decision number allowing the establishment of the Office;nationalg) Full name of the legal representative of the Office;
3. Full name and place of permanent residence registration of the shareholder (if any).amendThe Office of Judicial Appraisal changing or supplementing the scope of appraisal must submit a request to the Department of Justice where the Office of Judicial Appraisal has registered its operations, along with a project on the change or supplementation of the scope of appraisal as stipulated in Point b Clause 3 of this Article.
4. VamendWithin thirty days from the date of receiving complete and valid files, the Director of the Department of Justice shall examine, review, and reach consensus with the head of the specialized agency under the provincial People's Committee managing the field of judicial appraisal, and submit it to the Chairman of the provincial People's Committee for consideration and decision.
Article 13. Application for Permission to Establish and Draft of the Rules on Organization and Operation of the Judicial Appraisal Office
1. The application for permission to establish a 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 names of general partners and capital contributors;
c) Name and proposed address of the office premises of the Office;
d) Field BB 1.1of judicial appraisal;
g) Commitment to comply with laws during the course of operation.
2. The draft Rules on Organization and Operation of the Judicial Appraisal Office as prescribed in Point c Clause 2 Article 16 of the Law on Judicial Appraisal for private enterprises must include the following main contents:policiesField of judicial appraisal;
a) Name and proposed address of the office premises of the Office;
b) Full name; date of birth; place of permanent residence registration; citizen identification number of the legal representative of the
c) Office;amendList of judicial appraisers working under contract (if any);
d) d) Provisions on the use of judicial appraisers;
Rights and obligations of the Office;
e) g) Information and reporting system;
In addition to the contents prescribed in Clause 2 of this Article, the draft Rules on Organization and Operation of the Judicial Appraisal Office operating as a partnership firm must also include the following main contents:
h)||| EFFECTIVE DATE
3. Full names of general partners and capital contributors (if any);|||Capital contribution of general partners and capital contributors (if any);
a) Rights and obligations of general partners and capital contributors (if any);
b) Management structure;
c) Quyd) Procedure for adopting decisions of the Office;
d) Basis and method for determining remuneration, salary, and bonuses for general partners, capital contributors, and employees;
Principles for resolving internal disputes and profit distribution;
e) Circumstances for ceasing operations and procedures for liquidating assets;êProcedure for amending and supplementing the Rules;
g) Full names, signatures of general partners;
h)||| Other contents agreed upon by the general partners that do not contravene the provisions of the law.
i) Article 14. Application for Registration of Activities and Certificate of Registration of the Judicial Appraisal Office
k) The application for registration of activities of the Judicial Appraisal Office as stipulated in Point a Clause 2 Article 17 of the Law on Judicial Appraisal must include the following main contents:
lNumber of the decision granting permission to establish the Office;nationalFull name of the Office, abbreviated name (if any);
Address of the Office's headquarters;
1. Full name; date of birth; place of permanent residence registration; citizen identification number of the legal representative of the Office;policiesField of judicial appraisal;
a) d) Field of judicial appraisal;
b) List of general partners of the Office (if any).
c) The Certificate of Registration of the Judicial Appraisal Office shall be made in two copies, one copy issued to the Judicial Appraisal Office and one copy retained at the Department of Justice. The Certificate of Registration of the Judicial Appraisal Office includes the following main contents:
d) Registration number; date of issuance of the Certificate of Registration;No. Name of the Office, number of the decision granting permission to establish
the Office;
e) d) Full name of the legal representative of the Office;
2. Full name and place of permanent residence registration of general partners (if any).
a) 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 the change or supplementation of the scope of appraisal. In cases where changes or supplements are not allowed, a written notification must be issued with clear reasons. The Office of Judicial Appraisal refused changes or supplements in the scope of appraisal has the right to appeal or initiate legal proceedings in accordance with the law.
b) The application file for changing or supplementing the scope of appraisal of the Office of Judicial Appraisal includes: lApplication for permission to change or supplement the scope of appraisal;
c) The Certificate of Registration of the Judicial Appraisal Office shall be made in two copies, one copy issued to the Judicial Appraisal Office and one copy retained at the Department of Justice. The Certificate of Registration of the Judicial Appraisal Office includes the following main contents:
d) Full name; date of birth; place of permanent residence registration; citizen identification number of the legal representative of the
Plan on the change or supplementation of the scope of appraisal, clearly stating the conditions regarding human resources, physical facilities, equipment, means of appraisal according to the regulations of the Ministry or equivalent ministry managing the field of appraisal, and a plan for implementation consistent with the change or supplementation of the scope of appraisal;
e) A copy of the decision appointing judicial experts suitable for the change or supplementation of the scope of appraisal;
Article 15. Changing the Content of Registration for Judicial Appraisal Office Activities and Reissuing the Registration Certificate for Judicial Appraisal Offices
1. When changing the name, headquarters address, legal representative, or list of general partners of the office, the Judicial Appraisal Office shall be reissued a Registration Certificate.
Within five working days from the date of such changes, the Judicial Appraisal Office must submit a request for reissuance of the Registration Certificate along with the old Registration Certificate to the Department of Justice where it has registered its activities.N ||| declaration of customs import procedures. The Department of Justice is responsible for reviewing and reissuing the Registration Certificate for the Judicial Appraisal Office. In cases where the Registration Certificate is not reissued, a written notification must be provided with clear reasons stated. A Judicial Appraisal Office refused reissuance of the Registration Certificate has the right to lodge complaints or initiate legal proceedings according to the provisions of the law.
When the Registration Certificate is damaged or lost, the Judicial Appraisal Office is entitled to have the Registration Certificate reissued.in The Judicial Appraisal Office must submit a request for reissuance of the Registration Certificate to the Department of Justice where it has registered its activities and provide proof that the Registration Certificate has been damaged or lost.amendWithin five working days from the date of receiving a complete application, the Department of Justice is responsible for reviewing and reissuing the Registration Certificate for the Judicial Appraisal Office. If the Registration Certificate is not reissued, a written notification must be provided with clear reasons stated. A Judicial Appraisal Office refused reissuance of the Registration Certificate has the right to lodge complaints or initiate legal proceedings according to the provisions of the law.nationalThe request for reissuance of the Registration Certificate must include the contents prescribed in Clause 1, Article 14 of this Decree.
2. Article 16. Announcing and Publishing Information on the Registration of Judicial Appraisal Office ActivitiesamendWithin fifteen days from the date of issuance or reissuance of the Registration Certificate, the Department of Justice must notify in writing the content of the registration of activities of the Judicial Appraisal Office to the Tax Authority, Statistical Agency, Provincial Public Security Agency; People's Committee at the district level and People's Committee at the commune level where the Judicial Appraisal Office is located.
VamendWithin thirty days from the date of obtaining the Registration Certificate, the Judicial Appraisal Office must publish in a central newspaper or local newspaper where it has registered its activities for three consecutive times the following contents:on a) Name and headquarters address of the Office;
Full name of the legal representative of the Office;ANNEX I.A[31] Number, date, month, year of issuance of the Registration Certificate, place of registration.
3. In cases of reissuance of the Registration Certificate, the Judicial Appraisal Office must publish the changed contents in the Registration Certificate.
Article 17. Changing and Supplementing the Scope of Judicial Appraisal of the Judicial Appraisal Office
1. When changing or supplementing the scope of judicial appraisal, the Judicial Appraisal Office must send a letter to the Department of Justice where it has registered its activities, accompanied by a project on the change or supplementation of the scope of judicial appraisal as stipulated in Point b, Clause 3 of this Article.amendWithin thirty days from the date of receiving a complete application, the Director of the Department of Justice will review, assess, and reach consensus with the head of the specialized agency under the provincial People's Committee managing the field of judicial appraisal, and submit to the Chairman of the provincial People's Committee for consideration and decision.
2. Within fifteen days from the date the Department of Justice submits the application, the Chairman of the provincial People's Committee will consider and decide to allow the change or supplementation of the scope of judicial appraisal. In cases where the change or supplementation of the scope of judicial appraisal is not allowed, a written notification must be provided with clear reasons stated. A Judicial Appraisal Office refused the change or supplementation of the scope of judicial appraisal has the right to lodge complaints or initiate legal proceedings according to the provisions of the law.No. The application for permission to change or supplement the scope of judicial appraisal of the Judicial Appraisal Office includes:policiesdepartments under the Bureau of Enforcement; concludeon Request for permission to change or supplement the scope of judicial appraisal;
Project on the change or supplementation of the scope of judicial appraisal, specifying the conditions regarding human resources, material infrastructure, equipment, means of appraisal according to the regulations of the Ministry or equivalent ministry managing the field of judicial appraisal, and a plan for implementation consistent with the change or supplementation of the scope of judicial appraisal;
b) Copy of the decision appointing judicial appraisers suitable for the change or supplementation of the scope of judicial appraisal;
c) Decision allowing the establishment of the Judicial Appraisal Office that has been issued.
3. Within one year from the date of the Chairman of the provincial People's Committee's decision to allow the change or supplementation of the scope of judicial appraisal, the Judicial Appraisal Office must register the changed or supplemented content with the Department of Justice; if the Judicial Appraisal Office fails to register the change or supplementation within the specified period, the decision to allow the change or supplementation of the scope of judicial appraisal will become invalid.
The procedures and formalities for registering the change or supplementation of the scope of judicial appraisal are carried out in accordance with Article 17 of the Law on Judicial Appraisal and relevant provisions of this Decree.
1. Decision allowing the establishment of the Office of Judicial Appraisal that has been issued., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Within one year from the date of the Chairman of the provincial People's Committee's decision allowing the change or supplementation of the scope of appraisal, the Office of Judicial Appraisal must register the changed or supplemented content at the Department of Justice; if the Office of Judicial Appraisal fails to register within the specified period, the decision allowing the change or supplementation of the scope of appraisal will become invalid.
2. The procedures and requirements for registering changes or supplements to the scope of appraisal are carried out in accordance with Article 17 of the Law on Judicial Appraisal and related provisions of this Decree.nationalA copy of the decision appointing judicial experts who are shareholders of the Office;
Decision allowing the establishment of the Office;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP g) Draft new Charter on the organization and operation of the Office., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Within seven working days from the date of receiving complete and valid files as stipulated in Clause 2 of this Article, the Department of Justice shall submit to the Chairman of the provincial People's Committee for consideration and decision on allowing the change in the form of operation of the Office of Judicial Appraisal; in case of refusal, a written notification must be issued with clear reasons. The Office of Judicial Appraisal refused the change in the form of operation has the right to appeal or initiate legal proceedings in accordance with the law. limport quotas and raw material and component quotas for imported goods before they enter the domestic market.
3. Within ten days from the date of receiving complete and valid files, the Chairman of the provincial People's Committee shall consider and decide on allowing the change in the form of operation of the Office of Judicial Appraisal; in case of refusal, a written notification must be issued with clear reasons. The Office of Judicial Appraisal refused the change in the form of operation has the right to appeal or initiate legal proceedings in accordance with the law.
a) Within fifteen days from the date of receiving the decision allowing the change, the Office of Judicial Appraisal must register its operations at the Department of Justice. At the time of registration, the Office must submit an application for registration of operations, a copy of the decision allowing the change in the form of the Office, and documents proving that it meets all conditions for the operation of the Office of Judicial Appraisal as stipulated in Point b Clause 2 of this Article.
b) Independence - freedom - happinesson Within seven working days from the date of receiving complete and valid files, the Department of Justice shall issue a registration certificate for the Office of Judicial Appraisal that has changed its form of operation; in case of refusal, a written notification must be issued with clear reasons. The Office of Judicial Appraisal refused the issuance of a registration certificate has the right to appeal or initiate legal proceedings in accordance with the law.
c) The Office of Judicial Appraisal that has changed its form of operation can operate from the date the Department of Justice issues the registration certificate; it inherits all rights, obligations, and is responsible for storing all files and documents of the previous Office of Judicial Appraisal.nationalThe Department of Justice proposes the Chairman of the provincial People's Committee to revoke the decision allowing the establishment of the Office of Judicial Appraisal in cases of termination of operations as stipulated in Clause 1 of this Article.
d) Article 22. Policy towards the Office of Judicial Appraisal
4. Within one year from the date of being decided by the Chairman of the Provincial People's Committee to permit changes or additions to the scope of forensic examination, the Forensic Examination Office shall register the content of such changes or additions with the Department of Justice; if the Forensic Examination Office fails to register the changes or additions within the aforementioned period, the decision permitting changes or additions to the scope of forensic examination shall become void.
5. The dossier, procedures, and formalities for registering changes or additions to the scope of forensic examination shall be carried out in accordance with Article 17 of the Law on Forensic Examination and relevant provisions of this Decree., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP A copy of the decision appointing a forensic examiner as a member of the Forensic Examination Office.
Article 18. Rights and Obligations of the Judicial Appraisal Office
1. The Judicial Appraisal Office has the right to:
a) Hire judicial appraisal experts and staff for its operations.amendList of judicial appraisers working under contract (if any);
b) Collect and disburse judicial appraisal fees in accordance with the provisions of the law;
c) Provide non-litigation judicial appraisal services at the request of individuals and organizations;
d) Enjoy tax incentives as stipulated in Article 22 of this Decree.
2. The Judicial Appraisal Office has the obligation to:
a) Publicly display the costs of judicial appraisals;
b) Implement social insurance and health insurance for employees working at the office in accordance with the provisions of the law;amendComply with the laws on labor, taxes, finance, statistics, and other requirements from competent state agencies regarding inspection and audit;
c) Report annually to the Department of Justice and specialized agencies under the provincial People's Committee on the organization and operation of judicial appraisals;ệe) Pay registration fees for business activities according to the registration fee levels for enterprises and relevant legal regulations.developmentThe rights and obligations prescribed by the Law on Judicial Appraisal, procedural laws, and other relevant legal provisions.
d) Article 19. Conversion of the Type of Judicial Appraisal Office
1. A Judicial Appraisal Office that wishes to convert its operational form from a private enterprise to a limited liability company or vice versa must submit a conversion application to the Department of Justice where it is registered for activity.
3. 2. The application for converting the type of activity of the Judicial Appraisal Office includes:
An application for conversion;
ANNEX I.A[31]A proposal for converting the type of activity, detailing the reasons for conversion, organizational structure, and operational status up to the date of application, and plans for organizational structure, name, location, personnel, material conditions, equipment, and means of appraisal;A copy of the decision appointing judicial appraisal experts as members of the limited liability company; lThe decision allowing the establishment of the Office;in d) A draft new regulation on the organization and operation of the Office.
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 to the Chairman of the Provincial People's Committee for consideration and decision on allowing the conversion of the type of activity of the Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be issued. The Judicial Appraisal Office refused conversion has the right to appeal or file a lawsuit in accordance with the law.
a) 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 activity of the Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be issued. The Judicial Appraisal Office refused conversion has the right to appeal or file a lawsuit in accordance with the law.
b) Within fifteen days from the date of receiving the decision allowing conversion, the Judicial Appraisal Office must register its activities with the Department of Justice. At the time of registration, the Office must submit an application for registration, a copy of the decision allowing conversion of the type of Office, and proof of meeting all conditions required for the operation of the Judicial Appraisal Office as specified in Point b of Clause 2 of this Article. President's Office Within seven working days from the date of receiving a complete and valid application, the Department of Justice shall issue a Business Registration Certificate to the converted Judicial Appraisal Office; if rejected, a written notification with detailed reasons must be issued. The Judicial Appraisal Office refused issuance of the Business Registration Certificate has the right to appeal or file a lawsuit in accordance with the law.developmentThe converted Judicial Appraisal Office may commence operations from the date the Department of Justice issues the Business Registration Certificate; it shall inherit all rights and obligations and be responsible for storing all files and documents of the previous Judicial Appraisal Office.
c) Decision on permission to establish the Office.amendList of judicial appraisers working under contract (if any);
d) d) Draft new regulations on the organization and operation of the Office.
Within seven working days from the date of receiving a complete and valid dossier as stipulated in Clause 2 of this Article, the Department of Justice shall submit to the Chairman of the Provincial People's Committee for consideration and decision on permitting the change in the type of activity of the Forensic Examination Office; in case of refusal, it must notify in writing and specify the reasons. The Forensic Examination Office refused the change in the type of activity has the right to appeal or file a lawsuit according to the provisions of the law.
3. Within ten days from the date of receiving a valid dossier, the Chairman of the Provincial People's Committee shall consider and decide on permitting the change in the type of activity of the Forensic Examination Office; in case of refusal, it must notify in writing and specify the reasons. The Forensic Examination Office refused the change in the type of activity has the right to appeal or file a lawsuit according to the provisions of the law.in The Forensic Examination Office refused the change in the type of activity has the right to appeal or file a lawsuit according to the provisions of the law.
4. Within fifteen days from the date of receiving the decision permitting the change, the Forensic Examination Office must register its activities with the Department of Justice. At the time of registration, the Office must have an application for registration of activities, a copy of the decision permitting the change in the type of Office, and documents proving that it meets all conditions to ensure the operation of the Forensic Examination Office as prescribed in Point b Clause 2 of this Article.No.Within seven working days from the date of receiving a complete and valid dossier, the Department of Justice shall issue a Certificate of Registration of Activities for the Forensic Examination Office that has changed its type of activity; in case of refusal, it must notify in writing and specify the reasons. The Forensic Examination Office refused the issuance of the Certificate of Registration of Activities has the right to appeal or file a lawsuit according to the provisions of the law.No.The Forensic Examination Office that has changed its type of activity may operate from the date the Department of Justice issues the Certificate of Registration of Activities; it inherits all rights, obligations, and is responsible for storing all files and documents of the previous Forensic Examination Office.ìThe Department of Justice shall propose the Chairman of the Provincial People's Committee to revoke the decision permitting the establishment of the Forensic Examination Office in cases of termination of operations as stipulated in Clause 1 of this Article.
5. Article 22. Policies towards the Forensic Examination Office.amendWithin seven working days from the date of adjusting the list.policiespolice officer under the provisions of the Law on Forensic Examination and this Decree.onconsolidate and report to the Prime Minister on the implementation of policies and incentives for full-time forensic examiners and those participating in forensic examination activities at public forensic examination organizations in the field of forensic medicine and forensic psychiatry.on publish the list on the Ministry's website or the website of a ministry-level agency according to the annual schedule; at the same time send it to the Ministry of Justice for adjustment in the general list.
Changes or additions to the scope of forensic examination, registration of activities of the Forensic Examination Office.
6. In the field of forensic examination expertise and the provincial People's Committee on forensic examination activities within their specialized management jurisdiction in the locality; at the same time send the report to the Department of Justice for consolidation.
Article 20. Revocation of the Registration Certificate for Judicial Appraisal Offices
1. The Registration Certificate for Judicial Appraisal Offices shall be revoked when they fall under any of the following circumstances:
a) Not meeting the required number of judicial appraisers as prescribed;
b) Conducting judicial appraisals outside the registered fields;
c) Seriously violating laws or being administratively punished for a second time and committing the same violation again;
d) Other cases as stipulated by law.
2. The Department of Justice shall issue a decision to revoke the Registration Certificate for Judicial Appraisal Offices within seven working days from the date of discovering any of the circumstances specified in Clause 1 of this Article.
The Department of Justice shall notify in writing the relevant agencies and organizations specified in Clause 1 of Article 16 about the revocation of the Registration Certificate for Judicial Appraisal Offices.
Article 21. Termination of Activities of Judicial Appraisal Offices
1. Judicial Appraisal Offices shall terminate their activities in the following cases:
a) Voluntarily terminating their activities;
b) Being revoked the Registration Certificate for Judicial Appraisal Offices according to Article 20 of this Decree.
2. If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalIf terminating activities according to Point a of Clause 1 of this Article, the Judicial Appraisal Office must submit a written report to the Department of Justice where it is registered at least thirty days before the expected termination date.
The Judicial Appraisal Office must complete all pending judicial appraisals, settle all outstanding payments, and Risk Mitigation Policiesand complete the procedures forof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsterminating labor contractsồsigned with employees, and publish in two consecutive issues of a central or local newspaper the expected termination date.nThe Department of Justice shall notify in writing the relevant agencies and organizations specified in Clause 1 of Article 16 of this Decree about the termination of activities of the Judicial Appraisal Office.
3. In
the caseconcerning the classification and determination of state management authority in the field of crop productionwhere the Judicial Appraisal Office terminates its activities according to the provisions ofnationalPoint b of Clause 1 of thisdevelopmentArticle, within seven working days from the date of revoking the Registration Certificate, the Department of Justice shall notify in writing the relevant agencies and organizations specified in Clause 1 of Article 16 of this Decree. 1 The Judicial Appraisal Office has the obligation to settle all debts,ì complete the procedures for terminating labor contracts signed with employees, and publish in two consecutive issues of a central or local newspaper regarding the termination of activities; transfer the archives related to the implementation of judicial appraisals to the Department of Justice where it is registered.Plan for handling assets after the expiration of the joint venture and association period For requests for judicial appraisals that have been accepted but not yet implemented,ngthe Judicial Appraisal Office must return the files, appraisal objects, and the appraisal fees already collected from the requesting party.June 2024;The Department of Justice shall request 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 stipulated in Clause 1 of this Article.nArticle 22. Policies for Judicial Appraisal OfficesamendJudicial Appraisal Offices shall enjoy tax benefits as prescribed by the Law on Taxation.
ANNOUNCEMENT OF THE LIST OF JUDICIAL APPEASERS BY CASE AND ORGANIZATIONS FOR JUDICIAL APPRAISALS BY CASE lArticle 23. Time for Announcing the List of Judicial Appraisers by Case and Organizations for Judicial Appraisals by CasenationalThe Ministries, ministerial-level agencies, and provincial People's Committees specified in Clause 1 of Article 20 of the Law on Judicial Appraisal shall be responsible for reviewing, selecting, compiling, and announcing the list of judicial appraisers by case and organizations for judicial appraisals by case before November 30 each year,
if there are changes in information related to judicial appraisers by case and organizations for judicial appraisals by case that have been announced, then the Ministry, ministerial-level agency, or provincial People's Committee shall adjust the list and notify the Ministry of Justiceì within seven working days from the date of adjusting the list.
4. The Central Forensic Psychiatry Center is responsible for creating necessary conditions for the establishment and operation of the Regional Forensic Psychiatry Center according to the proposal of the Ministry of Health.
Điều 22. Chính sách đối v
ới Văn phòng giám định tư phápThe judicial appraisal office shall enjoy tax benefits in accordance with the provisions of the law on taxes.
Chapter IV
ANNOUNCEMENT OF THE LIST OF JUDICIAL APPRAISERS AND ORGANIZATIONS FOR JUDICIAL APPRAISAL BY CASE
Article 23. Time
This Resolution takes effect from the date it is adopted by the National Assembly.for announcing the list of judicial appraisers and organizations for judicial appraisal by case1. Ministries, ministerial-level agencies, provincial People's Committees shall be responsible for reviewing, selecting, compiling, and announcing the list of judicial appraisers and organizations for judicial appraisal by case before November 30 each year,
2. If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalif there are changes to the information related to judicial appraisers and organizations for judicial appraisal by case that have been announced, then the Ministry, ministerial-level agency, or provincial People's Committee shall be responsible for adjusting the list and notifying the Ministry of Justice within seven working days from the date of adjustment of the list. trong thời hạn 07 ngày làm việc, kể từ ngày điều chỉnh danh sách.
Article 24. Information to be published about judicial experts by case and judicial expert organizations by case
1. OrderngInformation about judicial experts by case shall be published in accordance with Article 23 of this Decree and includes:
a) Name and surname;
b) Date of birth;
c) Workplace or place of residence;
d) Field of expertise;
d) Experience in professional activities and judicial expert activities.
2. Information about judicial expert organizations by case shall be published in accordance with Article 23 of this Decree and includes:
a) Name of organization;
b) Number, date, month, year of establishment;
c) Address of organization;
d) Field of expertise;
d) Experience in professional activities and judicial expert activities.
Chapter V
REGIME FOR JUDICIAL EXPERTS AND PERSONS PARTICIPATING IN JUDICIAL EXPERTISE
Article 25. Expertise allowance regime
1. The regime for expertise allowances stipulated in Article 37 of the Law on Judicial Expertise shall apply to the following subjects:
a) Judicial experts, judicial experts by case receiving salary from the state budget who perform judicial expertise;
b) Assistants to judicial experts receiving salary from the state budget, including:ồAssistant, technical staff, medical attendant, criminal technical officers in cases participating in autopsy, post-mortem examination, exhumation of corpses and other persons assigned by the head of the organization requested for expertise or designated by the judicial expert responsible for coordinating the implementation of the expertise;nationalInvestigators, Prosecutors, Judges assigned by competent state agencies to be present and perform tasks during the time of conducting expertise in cases of autopsy, post-mortem examination, exhumation of corpses.
c) In cases where an organization is requested or required to conduct expertise, that organization shall have the responsibility to pay expertise allowances to the subjects specified in Points a and b Clause 1 of this Article from the forensic expertise fees collected from the requesting party or the party requiring expertise. trInvestigative agencies requesting expertise shall pay expertise allowances 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.national3. The Prime Minister shall specify in detail the level of forensic expertise allowances.
Article 26. Subsidies for judicial experts
Judicial experts receiving salary from the state budget in the field of forensic science, forensic psychiatry, and criminal technical sciences shall enjoy the responsibility and work subsidy regime for judicial expertise.
Judicial experts belonging to public forensic expert organizations in the fields of forensic science and forensic psychiatry under the health sector shall enjoy the occupational preference subsidy regime.
Article 27. Tasks and powers of Ministries, ministerial-level agencies, provincial People's Committees
Ministries, ministerial-level agencies shall have the following tasks and powers:
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 related agencies in receiving requests and conducting forensic examinations;
Chapter VI
STATE MANAGEMENT OF LEGAL APPRAISALS
The Ministry of Health shall stipulate the agencies and organizations implementing, contents, and duration of training or retraining to obtain forensic science and forensic psychiatry vocational certificates according to Clause 1 Article 7 of the Law on Judicial Expertise;
1. The Ministry of Public Security shall stipulate the agencies and organizations implementing, contents, and duration of training or retraining to obtain criminal technical science vocational certificates according to Point c Clause 1 Article 7 of the Law on Judicial Expertise;
a) The Ministry of Health shall be responsible for consolidating and improving the organizational structure and operation of the National Forensic Science 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 in accordance with the Law on Judicial Expertise and this Decree;
b) The Ministry of Public Security shall be responsible for consolidating and improving the organizational structure and operation of the Institute of Criminal Science and Criminal Technical Departments under provincial public security organs in accordance with the Law on Judicial Expertise and this Decree;ồThe Ministry of National Defense shall be responsible for consolidating and improving the organizational structure and operation of military forensic institutes and Criminal Technical Examination Departments under the Ministry of National Defense in accordance with the Law on Judicial Expertise and this Decree;development The Ministry of Health shall be responsible for leading and coordinating with relevant ministries and sectors to study and propose to competent state agencies to define job titles or occupational titles for dedicated judicial experts and persons participating in judicial expertise activities in public forensic expert organizations in the fields of forensic science and forensic psychiatry; monitoring, urging, summarizing, and reporting to the Prime Minister on the implementation of policies and incentives for dedicated judicial experts and persons participating in judicial expertise activities in public forensic expert organizations in the fields of forensic science and forensic psychiatry;ầd) The Ministry of Health shall lead and coordinate with the Ministry of Public Security to implement inspections and audits of forensic activities in the public security sector. The Ministry of Public Security shall lead and coordinate with the Ministry of National Defense to implement inspections and audits of criminal technical activities in the military sector.developmentm c Ministries, ministerial-level agencies shall be responsible for issuing forensic standards in areas within their jurisdiction. In cases where separate standards for forensic activities are not issued, ministries, ministerial-level agencies shall be responsible for guiding the application of specialized standards for forensic activities in areas under their jurisdiction;onMinistries, ministerial-level agencies shall be responsible for reviewing the cadre of judicial experts and judicial expert organizations by case, and publishing lists on the websites of ministries, ministerial-level agencies periodically every year; at the same time sending to the Ministry of Justice for adjustment in the general list;
Ministries, ministerial-level agencies shall be responsible for developing criteria for evaluating the quality of activities of judicial experts, public judicial expert organizations, and judicial expert organizations by case under their jurisdiction;ngBased on the criteria for evaluating the quality of activities, ministries, ministerial-level agencies shall evaluate the quality of activities of judicial experts, public judicial expert organizations, and judicial expert organizations by case under their jurisdiction annually.ồThe Ministry of National Defense shall be responsible for consolidating and improving the organizational structure and operation of military forensic institutes and Criminal Technical Examination Departments under the Ministry of National Defense in accordance with the Law on Judicial Expertise and this Decree;development issuing certificates for forensic technical investigation vocational training according to Point c Clause 1 Articledevelopmentof this LawonMinistries, ministerial-level agencies shall be responsible for reviewing the cadre of judicial experts and judicial expert organizations by case, and publishing lists on the websites of ministries, ministerial-level agencies periodically every year; at the same time sending to the Ministry of Justice for adjustment in the general list;
c) The Ministry of Health shall be responsible for consolidating and improving the organization and operation of the National Forensic Institute, the Central Forensic Psychiatry Institute; establishing and ensuring necessary conditions for the Regional Forensic Psychiatry Center to commence operations; guiding the organizational structure and staffing of the Provincial Forensic Centers in accordance with the Law on Judicial Appraisal and this Decree;
The Ministry of Public Security shall be responsible for consolidating and improving the organization and operation of the Institute of Criminal Science and the Criminal Technical Investigation Department under the provincial public security organs in accordance with the Law on Judicial Appraisal and this Decree.ình sự thuộc Công an cấp tỉnh theo quy định của Luật Giám định tư pháp và Nghị định này.
The Ministry of Defense shall be responsible for consolidating and improving the organization and operation of Vthe Military Forensic Institute and the Criminal Technical Investigation Department under the Ministry of Defense in accordance with the Law on Judicial Appraisal and this Decree.
d) The Ministry of Health shall be responsible for leading and coordinating with relevant ministries and sectors to study and propose to competent state agencies to stipulate the code or job title for dedicated judicial appraisers and individuals participating in judicial appraisal activities in public judicial appraisal organizations in the field of forensic science and forensic psychiatry; monitoring, urging, summarizing, and reporting to the Prime Minister on the implementation of policies and incentives for dedicated judicial appraisers and individuals participating in judicial appraisal activities in public judicial appraisal organizations in the field of forensic science and forensic psychiatry;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPng hợp và báo cáo Thủ tướng Chính phủ von tình hình thực hiện các chpolicies độ, chính sách đãi ngộ đối với giám định viên tư pháp chuyên trách và người tham gia hoạt động giám định tư pháp thuộc các tổ chức giám định tư pháp công lập trong lĩnh vực pháp y, pháp y tâm thầ4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.
forensic psychiatry.ì d) The Ministry of Health shall lead and coordinate with the Ministry of Public Security to implement inspections and audits of forensic medical activities in the police sector. The Ministry of Public Security shall lead and coordinate with the Ministry of Defense to implement inspections and audits of criminal technical investigation activities in the military sector.
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, these ministries and ministerial-level agencies shall be responsible for guiding the application of specialized standards for judicial appraisal activities in their respective fields of management;nationalMinistries and ministerial-level agencies shall be responsible for reviewing the team of judicial appraisers and organizations for judicial appraisal by case
g) posting the list on the website of the Ministry or ministerial-level agency on an annual basis; at the same time, sending it to the Ministry of Justice for adjustment in the general list;development đăng tải danh sách trên C, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPng Thông tin điện tử của Bộ, cơ quan ngang Bộ theo định kỳ hàng năm; đồng thời gửi Bộ Tư pháp để điều chỉnh trong danh sách chung;
h)||| Ministries and ministerial-level agencies shall be responsible for developing criteria for evaluating the quality of activities of judicial appraisers, public judicial appraisal organizations, and organizations for judicial appraisal by case under their management;
Based on the criteria for evaluating the quality of activities, every year, ministries and ministerial-level agencies shall evaluate the quality of activities of judicial appraisers, public judicial appraisal organizations, and organizations for judicial appraisal by case under their management.
2. The People's Committee of the province shall have the following tasks and powers:
a) Consolidate and improve the organization and operation of the provincial forensic science center in accordance with the Law on Judicial Appraisal, this Decree, and other relevant legal provisions;June 2024;related;
b) Review theANNEX I.A[31] cadre of judicial appraisers and judicial appraisal organizations by cases to publish the list on Cthe Provincial People's Committee's electronic information system annually; at the same time, send it to the Ministry of Justice for adjustment in the general list;
c) Based on quality assessment criteria, annually assess the quality of activities of judicial appraisers, public judicial appraisal organizations, and case-based judicial appraisal organizations in the locality.nationalactivitiesnof judicial appraisers, public judicial appraisal organizations, and organizations for judicial appraisal by case in localities.
Article 28. Tasks and Powers of the Department of Justice and Specialized Agencies of the People's Committee of the Province
in Justice and the specialized agency of the People's Committee cThe Department of Justice shall have the following tasks and powers:1. Take the lead and coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal, review applications for permission to establish judicial appraisal offices, change types of operations, modify and supplement the scope of judicial appraisal of judicial appraisal offices, and submit them to the People's Committee of the province for consideration and decision;
a) Take the lead and coordinate with specialized agencies of the People's Committee of the province to implement registration of activities of judicial appraisal offices;ìTake the lead or coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal, organize legal knowledge training for judicial appraisers in the locality;hCoordinate with the Health Department to build proposals submitted to the People's Committee of the province for establishing, consolidating, and improving the organization of public forensic science centers;
b) Coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal in matters of submitting the People's Committee of the province for appointment and removal of judicial appraisers in the locality;
c) g) Coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal in matters of selecting and compiling lists to submit to the People's Committee of the province for publication of lists of judicial appraisers and case-based judicial appraisal organizations in the locality;
d) Annually, take the lead or coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal to evaluate the organization and quality of judicial appraisal activities in the locality; propose solutions to the People's Committee of the province to ensure the quantity and quality of the cadre of judicial appraisers to meet the timely and quality requirements of judicial appraisal activities in the locality;ớTake the lead or coordinate with specialized agencies of the People's Committee of the province to manage the field of judicial appraisal to inspect, audit, and resolve complaints and denunciations regarding judicial appraisal within their authority;
Annually report to the Ministry of Justice and the People's Committee of the province on the organization and activities of judicial appraisal in the locality.
e) Specialized agencies of the People's Committee of the province shall have the following tasks and powers:No. Coordinate with the Department of Justice in selecting and proposing the People's Committee of the province to appoint and remove judicial appraisers;
g) Take the lead and coordinate with the Department of Justice in selecting and compiling lists to submit to the People's Committee of the province for publication of lists of judicial appraisers and case-based judicial appraisal organizations in the locality;nationalPrepare budgets for the activities of public judicial appraisal organizations under their management;
h)||| Take the lead and coordinate with the Department of Justice in organizing professional training for judicial appraisers in the locality;
2. g) Take the lead or coordinate with the Department of Justice in inspecting and auditing the implementation of laws on judicial appraisal; resolving complaints and denunciations according to their authority;
a) To take the lead and coordinate with relevant ministries and agencies to inspect the management and use of funds for purchasing and transporting, distributing rice to localities.nationalCoordinate with the Department of Justice in reviewing applications for permission to establish judicial appraisal offices, changing types of operations, modifying and supplementing the scope of judicial appraisal, and registering activities of judicial appraisal offices;
b) Annually report to the Ministry, agency equivalent to a ministry managing the specialized field of judicial appraisal and the People's Committee of the province on the organization and activities of judicial appraisal in the specialized field under their management in the locality; simultaneously sending the report to the Department of Justice for consolidation.
c) Prepare the budget for the operation of public judicial appraisal organizations under their management;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP d) Lead or coordinate with the Department of Justice in inspecting and auditing the implementation of laws on judicial appraisal; resolving disputes
d) In addition to the tasks and powers stipulated in Points a, b, c, d, đ, e, g Clause 2 of this Article, the Health Department shall be responsible for taking the lead and coordinating with the Department of Justice to submit the People's Committee of the province for establishing, consolidating, and improving the provincial forensic science center.
according to their authority;policiesorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. Petitions and Complaints P
e) hNo.ooperating with the Department of Justice in reviewing applications for establishing judicial appraisal offices, changing business models, modifying, adding, or registering the scope of activities of judicial appraisal offices;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP sung lNo. 11 of 2014; Law amendingnh vực giám định, đăng ký hoạt động của Văn phòng giám định tư pháp;
g) Annually report to the ministry or ministerial-level agency managing the professional field of judicial appraisal and the provincial People's Committee about the organization and activities of judicial appraisal in the locality under their professional management; at the same time, send the report to the Department of Justice for consolidation; vực chuyên môn về giám định tư pháp và Ủy ban nhân dân cấp tỉnh về t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP chức, hoạt động giám định tư pháp thuộc lĩnh vực quản lý chuyên môn của mình ở địa phương; đồng thời gửi báo cáo về Sở Tư pháp để t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPng hợp chung;
h)||| In addition to the tasks and powers prescribed in Points a, b, c, d, đ, e, g Clause 2 of this Article, the Department of Health shall be responsible for leading and coordinating with the Department of Justice to submit to the provincial People's Committee for the establishment, consolidation, and improvement of the Provincial Forensic Centers.developmenta The Regional Forensic Psychiatry Center shall be responsible for creating necessary conditions for the establishment and operation of the Regional Forensic Psychiatry Center according to the proposal of the Ministry of Health.
Chapter VII
IMPLEMENTING PROVISIONS
Article 29. Provisions on
developmentn continue1. Judicial appraisers appointed in accordance with the Ordinance on Judicial Appraisal and Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Judicial Appraisal shall not be reappointed.
2. Those subjects entitled to the judicial appraisal allowance stipulated in Clause 1, Article 25, and judicial appraisers entitled to allowances as prescribed in Article 26 of this Decree shall continue to enjoy the judicial appraisal allowance; the profession preference allowance and other allowances currently in place until new regulations replace them.
3. For forensic medical appraisals that are not post-mortem cases accepted and carried out by the Criminal Technical Investigation Department under the provincial police before January 1, 2013 but have not been completed, they shall continue to be carried out until the completion of such appraisals.
4. Within two years from the date this Law on Judicial Appraisal takes effect, regional mental health centers must be established.
Forensic psychiatric appraisal organizations at local levels established and operating in accordance with the Ordinance on Judicial Appraisal shall continue to operate until regional mental health centers are established and commence operations.
5. The provisions on appraisal fees in each field of judicial appraisal shall continue to be implemented until specific regulations on judicial appraisal costs are issued and replace them.
Article 30. Effective Date
1. This Decree takes effect from September 15, 2013.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.
Provincial People's Committees directly under the central government where the headquarters of regional mental health centers are located shall be responsible for creating necessary conditions for the establishment and operation of regional mental health centers upon the proposal of the Ministry of Health.Deputy ministers of ministerial-level agencies,a Trung tâm pháp y tâm thần khu vực có trách nhiệm tạo điều kiện cần thiết cho việc thành lập và hoạt động của Trung tâm pháp y tâm thần khu vực theo đề nghị của Bộ Y tế.
3. Based on their functions, tasks, powers, the Ministry of Justice, the Ministry of Health,policiesthe Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Home Affairs, and related ministerial-level agencies and government-affiliated agencies shall be responsible for guiding the implementation of this Decree.No../
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