CIRCULAR

ON JUDICIAL EXPERTISE IN THE JUDICIAL FIELD

Pursuant to the Law on Judicial Expertise dated June 20, 2012;

Pursuant to the Law on amendments to the Law on Judicial Expertise dated June 10, 2020;

Pursuant to Government’s Decree No. 85/2013/ND-CP dated July 29, 2013 on elaboration of the Law on Judicial Expertise;

Pursuant to Decree No. 157/2020/ND-CP dated December 31, 2020 of the Government on amendments to Decree 85/2013/ND-CP dated July 29, 2013 of the Government on elaboration of the Law on Judicial Expertise;

Pursuant to Government's Decree No. 98/2022/ND-CP dated November 29, 2022 on functions, tasks, powers and organizational structure of the Ministry of Justice;

At the request of Director of Department of Judicial Assistance;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for the scope of judicial expertise activities in the judicial field; judicial experts, ad hoc judicial expertise performers, ad hoc judicial expertise institutions, Judicial Expertise Council; receipt and performance of judicial expertise; application of professional standards for judicial expertise activities; judicial expertise time limit; documents and archives of judicial expertise records.

Article 2. Regulated entities

This Circular applies to judicial experts, ad hoc judicial expertise performers, ad hoc judicial expertise institutions, and agencies, units, organizations, and individuals involved in judicial expertise in the judicial field.

Article 3. Scope of judicial expertise activities in the judicial field

Judicial expertise in the judicial field is expertise on professional content under the authority of the Ministry of Justice and the Department of Justice as per the law.

Chapter II

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Article 4. Qualifications for appointment and issuance of judicial expert cards, recognition of ad hoc judicial expertise performers, and ad hoc judicial expertise institutions

1. Qualifications for appointment and issuance of judicial expert cards specified in Point b, Clause 1, Article 7 of the Law on Judicial Expertise are implemented as follows:

a) Obtain at least a bachelor’s degree in law or other majors appropriate to their job title or position, trained by a Vietnamese educational institution as per the law or by a foreign educational institution and accredited for use in Vietnam.

b) Have working experience in the trained field for at least 5 years from the date of recruitment or acceptance for work or registration to practice in the judicial field, consistent with the field of judicial expertise to which they are appointed.

2. Recognition of ad hoc judicial expertise performers and ad hoc judicial expertise institutions

Based on the actual expertise needs in proceedings, the heads of units affiliated to the Ministry of Justice shall take charge and coordinate with the Department of Judicial Support in selecting qualified people as prescribed in Article 18 of the Law on Judicial Expertise, and then sending a request for recognition of ad hoc judicial expertise performers to the Minister of Justice; the Director of the Department of Judicial Support shall select qualified institutions as prescribed in Clause 1, Article 19 of the Law on Judicial Expertise, Article 5 of this Circular and send a request for recognition of ad hoc judicial expertise institutions to the Minister of Justice.

Based on the expertise needs in local proceedings, the Director of Department of Justice shall review and select qualified people as prescribed in Article 18 of the Law on Judicial Expertise and qualified institutions as prescribed in Clause 1, Article 19 of the Law on Judicial Expertise, Article 5 of this Circular and send a request for recognition of ad hoc judicial expertise performers and ad hoc judicial expertise institutions to the Provincial People's Committee.

Article 5. Required facilities, equipment, and means of expertise of ad hoc judicial expertise institutions in the judicial field

Required facilities, equipment, and means of expertise of ad hoc judicial expertise institutions in the judicial field include:

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2. Have equipment to preserve and store expertise subject matters and documents and other equipment to meet the requirements for performing judicial expertise as per the law on judicial expertise and other relevant laws.

Article 6. Judicial Expertise Council

In cases where it is necessary to establish an Judicial Expertise Council in accordance with Article 30 of the Law on Judicial Expertise, the head of the specialized unit with matters requiring expertise needs to shall take charge and coordinate with the Director of the Department of Judicial Assistance and the relevant units of the Ministry in selecting members of the Judicial Expertise Council and requesting the Minister of Justice to establish the Judicial Expertise Council; monitoring and urging the expertise performance by the Judicial Expertise Council.

Chapter III

RECEIPT OF EXPERTISE SOLICITATIONS AND PETITIONS, PERFORMANCE OF JUDICIAL EXPERTISE

Article 7. Receipt of expertise solicitations and expertise petitions

1. Departments of Justice, ad hoc judicial expertise institutions, judicial expertise performers, or other individuals, professional organizations, organizations practicing in the judicial field, local civil judgment enforcement agencies shall review, receive expertise solicitations and perform expertise that are solicited by presiding agencies or presiding officers at the district, provincial and central levels.

The Department of Justice assigns a unit under the Department to be the focal point to review and advise on the initial reception of the expertise solicitations in the Department; issue acknowledgement documents, and appoint judicial expertise performers or refuse to perform the judicial expertise within 5 working days of receiving the expertise solicitations from presiding agencies or presiding officers.

When an expertise is solicited, the ad hoc judicial expertise institution, the judicial expertise performer, or individual, professional organization in the judicial field, local civil judgment enforcement agency shall review and advise on whether to receive or refuse the expertise solicitation within 5 working days of receiving the expertise solicitation from the presiding agency or presiding officer.

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2. Ministry of Justice, ad hoc judicial expertise institutions, specialized units, judicial expertise performers affiliated to Ministry of Justice shall receive expertise solicitations and perform expertise that are solicited by presiding agencies or presiding officers at central level.

The Minister of Justice shall assign the Department of Judicial Assistance as the focal point to review and advise on the initial reception of the expertise solicitations in the Ministry. Within 1 working day of receiving an expertise solicitation from the competent person, the Department of Judicial Assistance shall propose the Ministry's Leader to assign tasks to specialized units in line with the matter of expertise petition, advise on whether to accept or refuse the expertise petition; if the matter of expertise solicitation is related to many specialized units, the solicitation must clearly specify the leading unit and coordinating units in advising on whether to receive the expertise solicitation, accept or refuse to perform the expertise.

Within 2 working days of receiving the assignment from the Leader of the Ministry of Justice, the assigned specialized unit shall take charge and cooperate with relevant units in advising and proposing the Ministry Leader on whether to accept or refuse the judicial expertise solicitation. If the expertise solicitation is accepted, a draft document on appointment of judicial expertise performer is required.

The Leader of the Ministry of Justice shall consider and decide whether to accept or refuse the expertise solicitation within 2 working days of receiving the written solicitation.

If the head of the ad hoc judicial expertise institution or a specialized unit under the Ministry of Justice is directly solicited by a presiding officer, they shall assign a qualified unit, official, or public employee to advise on whether to accept or refuse the expertise solicitation within 5 working days of receiving the expertise solicitation.

3. If an official or a practitioner in judicial field is directly solicited by a presiding officer, they shall consider whether to accept or refuse the expertise solicitation within 5 working days of receiving the expertise solicitation. If they accept the expertise solicitation, they shall report it to their supervisory body for facilitation of their expertise performance.

Article 8. Refusal of expertise solicitations or petitions

1. Individuals, agencies, organizations, and units specified in Article 7 of this Circular have the right to refuse expertise solicitations or petitions in the cases specified in Clause 2, Article 11, Point b, Clause 1 Article 24 and Article 34 of the Law on Judicial Expertise (amended in 2020) or the matters of expertise solicitations or expertise petitions are not in the judicial field specified in Article 3 or are not in accordance with Article 7 of this Circular.

2. Refusal of expertise solicitations or petitions must be made in writing and clearly state the reason for refusal within 5 working days of receiving the expertise solicitations or petitions.

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1. Assignment and appointment of judicial expertise performers at the Ministry of Justice

a) If the Ministry of Justice is solicited

Based on the matter of the expertise petition, the head of the specialized unit assigned by the Leader of the Ministry of Justice shall select and propose appointment of judicial experts, or ad hoc judicial expertise performers, or officials or public employees who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

b) In case an ad hoc judicial expertise institution or a unit affiliated to the Ministry of Justice is solicited

Based on the matter of the expertise petition, the head of the ad hoc judicial expertise institution or a unit affiliated to the Ministry of Justice shall select and appoint judicial experts, or ad hoc judicial expertise performers, or officials or public employees who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

2. Assignment and appointment of judicial expertise performers in local governments

a) If the Department of Justice is solicited

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In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

b) If a professional individual or organization, or corporate practitioner in the judicial field, or local civil enforcement agency is solicited

Based on the matter of the expertise petition, the head of the ad hoc judicial expertise institution or a specialized unit affiliated to the Department of Justice, or professional organization or local corporate practitioner in judicial field, or local civil enforcement agency shall select and appoint people who are qualified to perform the relevant expertise and the expected number of expertise performers.

In case at least two people are appointed to perform the judicial expertise, an expertise team will be established, which assigns the task of leader of the expertise team to one of the people proposed to be appointed as the expertise performer.

3. The leader of the expertise team specified in Clauses 1 and 2 of this Article is responsible for assigning specific tasks to each member of the expertise team, assistants (if any), and administering the preparation and performance of judicial expertise.

Article 10. Expertise process in the judicial field

1. Expertise according to expertise solicitations or petitions in the judicial field is carried out according to the following process:

a) Delivery and receipt of documents, subject of expertise solicitation or petition;

b) Prepare for expertise;

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d) Expertise conclusion;

dd) Return expertise conclusion;

e) Prepare, keep and preserve expertise records;

2. Issue together with this Circular a diagram of the expertise process in the judicial field (Appendix I).

Article 11. Delivery and receipt of documents and subject of expertise solicitation or petition

1. Judicial expertise performers/institutions shall coordinate with the expertise solicitor or petitioner to deliver and receive documents and subject of expertise, related information, objects, and samples (if any).

2. The delivery and receipt of documents and subject of expertise, related information, objects, and samples (if any) are carried out in person or via postal service (with acknowledgement or delivery note) and must be made in writing using the form specified in Article 19 of this Circular.

3. In case documents and subject of expertise, related information, objects, and samples (if any) are sealed, before opening, the seal must be carefully checked, and a record of seal opening must be made as specified in Article 19 of this Circular. Judicial expertise performers/institutions may reject any instruments with a broken or tampered seal.

Article 12. Preparation for judicial expertise

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2. The judicial expertise performer prepares the expertise outline and, if necessary, sends it to the expertise solicitor or petitioner for their opinions.  Within 2 working days of receiving the document, the expertise solicitor or petitioner is responsible for sending a written response to the expertise outline.

The expertise outline includes the following basic contents:

a) Subject matter and scope of expertise; estimated duration of judicial expertise;

b) Determine the method of performing the expertise and the professional standards to be applied;

c) Determine the details that requires verification or survey the subject of expertise to support the expertise (if necessary);

d) Estimated means, supplies, and equipment to be used (if any);

dd) Estimated costs needed to perform the judicial expertise; advance and payment of expertise costs;

e) Other necessary conditions for performing the expertise.

3. The expertise performer/insitution shall prepare a request for advance of expertise costs and send it to the expertise solicitor or petitioner.  The expertise solicitor or petitioner shall consider paying an advance to the expertise performer as per the law.

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1. Judicial expertise in the judicial field is performed as follows:

a) Carefully research and analyze the expertise solicitation, the subject of expertise, and the documents and information provided by the expertise solicitor or petitioner;

b) Clearly identify the subject matters and specialized contents that require consideration and evaluation;

c) Survey or verify necessary related issues that the expertise solicitor or petitioner cannot provide documents or information about these issues (if any);

d) Analyze the subject matters of expertise in light of relevant professional standards;

dd) Provide comments, evaluation, and specific and clear professional opinions on the subject matters of expertise according to the expertise solicitation or petition;

e) Develop and issue expertise conclusion;

g) Prepare expertise records.

2. While performing the expertise, the judicial expertise performer may use professional opinions or conclusion given by other individuals or organizations to support their expertise.

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4. The judicial expertise performer must make a document recording the entire process of performing the expertise in accordance with Article 31 of the Law on Judicial Expertise (amended in 2020) and according to the form specified in Article 19 This Circular.

Article 14. Expertise conclusion

1. The expertise conclusion in the judicial field is made according to the form specified in Article 19 of this Circular.

2. In case a judicial expertise performer is personally solicited, the expertise conclusion must be signed and clearly state the full name of that judicial expertise performer.

3. If an agency, organization, or unit specified in Article 7 of this Circular is solicited to perform an expertise, in addition to the signature and full name of the judicial expertise performer, the judicial expertise conclusion must bear the signature of the head of that agency, organization, or unit and the seal of that agency, organization, or unit. The above-mentioned agency, organization, or unit must be held liable for their judicial expertise conclusion.

If the Ministry of Justice is solicited to perform an expertise, the Minister of Justice shall assign the head of a specialized unit in charge of the issue requiring expertise to sign under the order of the Minister of Justice and affix the seal of the Ministry of Justice to the expertise conclusion.

If the Department of Justice is solicited to perform an expertise, the Director of the Department of Justice shall sign and stamp the Department of Justice on the expertise conclusion.

4. In case the Judicial Expertise Council specified in Article 6 of this Circular performs expertise in accordance with Clause 1, Article 9 of this Circular, the Minister of Justice shall assign the head of the specialized unit with the issue requiring expertise to sign per procuration in the judicial expertise conclusion.

If the head of a specialized unit has performed the expertise as the leader of the expertise team or President of the Judicial Expertise Council, the Minister of Justice shall assign the Chief of the Ministry Office to sign per procuration in the judicial expertise conclusion.

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Article 15. Return of expertise conclusion

1. The judicial expertise performer/insitution must send the expertise conclusion to the expertise solicitor or petitioner immediately after issuance and keep the expertise records.  The expertise conclusion is returned to the expertise solicitor either in person or by post.

2. If returned in person, the judicial expertise performer shall return it as follows:

a) Notify the expertise solicitor or petitioner of receiving the expertise conclusion and receiving back the evidence as prescribed in clause 4 of this Article;

b) Check the letter of recommendation, identity paper (police identification card or 12-digit citizen identification card, etc.) of the person who receives the expertise conclusion and evidence;

c) Return 1 copy of the expertise conclusion;

d) Inspect, seal, and hand over the expertise subject (if any).

3. If returned by post, the judicial expertise performer shall return it as follows:

a) Check, pack, and seal 1 copy of the expertise conclusion and return the subject of expertise if it falls into the case specified in Clause 4 of this Article;

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4. In case the subject of expertise is an evidence of the case or in necessary cases at the written request of the expertise solicitor, the judicial expertise performer/institution shall return it after completing the expertise. The delivery and return of the expertise subject must be recorded in accordance with the form specified in Article 19 of this Circular.

Article 16. Preparation, preservation and archives of judicial expertise records

1. Judicial expertise records in the judicial field belong to the group of Records dealing with cases in specialized management and are prepared, preserved and archived in accordance with the Law on Judicial Expertise (amended in 2020), legal regulations on records, archives, and regulations of agencies and units performing expertise.

2. The judicial expertise performer shall prepare expertise records, including the following main documents:

a) Expertise solicitation, additional expertise solicitation (if any), re-expertise solicitation (if any) and the subject of expertise, related information, objects, or comparative samples attached (if any);

b) Assignment or appointment of judicial expertise performer, or decision on establishment of expertise team, or decision on establishment of Judicial Expertise Council;

c) Record of delivery and receipt of solicitation documents and subject of expertise; record of unsealing of records, documents, and objects;

d) Expertise outline (if any);

dd) Document recording the expertise process;

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g) Records, documents and proof related to the use of services for judicial expertise (if any);

h) Judicial expertise conclusion;

i) Record of delivery and receipt of expertise conclusion; return the subject of expertise (if any);

k) Other documents related to the expertise (if any).

3. Within 1 month from the date of completion of the expertise, the judicial expertise performer shall hand over the expertise records to the superior body for archives in accordance with Clause 1 of this Article.

The expertise records of the expertise team are handed over to the unit whose member is assigned to be the leader of the expertise team.

The expertise records of the Judicial Expertise Council are handed over to the unit whose member is the President of the Council.

The agency, organization, or unit that receives the handover of the judicial expertise records shall archive them in accordance with the law on archives and the regulations of the Ministry of Justice.

4. Judicial expertise records can be used as follows:

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b) Judicial expertise performers are entitled to use judicial expertise records to serve their participation in legal proceedings at the request of the competent presiding agencies or expertise petitioners.

c) Other cases as prescribed by relevant laws.

Article 17. Judicial expertise time limit

The judicial expertise time limit is set out in Article 26a of the Law on Judicial Expertise (amended in 2020). The duration of each step in the expertise process is specified in the expertise process diagram in the judicial field issued together with this Circular.

Article 18. Professional standards applicable to judicial expertise activities

Professional standards applied to expertise activities in the judicial field are provisions in legal documents on the fields specified in Article 3 of this Circular and other relevant documents of competent authorities and persons.

Article 19. Forms of expertise documents in the judicial field

11 forms of expertise documents in judicial field are issued together with this Circular (Appendix II).

Article 20. Regulations and policies for judicial expertise performers/institutions

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2. Officials, public employees, and workers in the judicial fields; units under the Ministry of Justice, Department of Justice; individuals and organizations practicing in the judicial field who successfully complete expertise tasks or actively participate in expertise activities will be promptly rewarded by the Minister of Justice or the President of the Provincial People's Committee.

3. The head of the superior body of the judicial expertise performer shall ensure the availability of time and other resources necessary for the performance of the expertise within their agency or organization; take charge and cooperate with relevant agencies and units in requesting the Minister of Justice or President of the Provincial People's Committee to provide occasional rewards for the judicial expertise performer within their agency or organization who demonstrate exceptional success in completing expertise tasks or active engagement in expertise activities.

Chapter IV

RESPONSIBILITIES AND IMPLEMENTATION

Article 21. Responsibilities of agencies and units in managing judicial expertise in the judicial field

1. The Department of Judicial Assistance, which is the focal point helping the Minister of Justice organize and carry out judicial expertise in the judicial field, shall do the following:

a) Take charge and cooperate with specialized or relevant agencies and units to organize propagation and dissemination of laws on judicial expertise, provide training and refresher courses in legal knowledge and judicial expertise skills for judicial expertise performers in the judicial field;

b) Carry out preliminary, summary, evaluation and reporting on judicial expertise activities in the judicial field;

c) Check and inspect judicial expertise according to their authority;

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dd) Other tasks according to this Circular.

2. Responsibilities of specialized units under the Ministry of Justice:

a) Advise, propose contents or guidance on the application of professional standards in expertise activities, the performance of expertise in specialized fields within their scope of functions;

b) Develop and train human resources to be qualified judicial experts in their field of management.

c) Prepare and be responsible for the contents and materials of training and refresher courses in expertise in specialized fields within their scope of functions;

d) Coordinate with the Department of Judicial Assistance and relevant agencies and units to provide training and refresher courses in legal knowledge and expertise for judicial expertise performers;

dd) Prepare and archive expertise records;

e) Propose rewards for judicial expertise performers within their units;

g) Comply with reporting regulations in accordance with this Circular;

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3. The resolution of complaints and whistleblowing reports about judicial expertise at the Ministry of Justice shall comply with the law on resolution of complaints and whistleblowing reports.

4. The Department of Justice shall assist the Provincial People's Committee in managing judicial expertise activities in the province and do the following:

a) Assign a unit to be the focal point to assist the Department in managing judicial expertise in the judicial field under their management;

b) Take charge and coordinate with relevant agencies in providing legal knowledge training for judicial expertise performers in the local judicial field;

c) Check, inspect, and resolve complaints and whistleblowing reports about judicial expertise according to their authority;

d) Propose and provide rewards for individual and corporate judicial expertise performers as per the law;

dd) Send annual reports on judicial expertise activities in their local field of management to the Ministry of Justice (via the Department of Judicial Assistance) and the Provincial People's Committee.

Article 22. Reporting requirements

1. At the Ministry of Justice

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b) Before December 30 every year, the Department of Judicial Assistance shall make a final report and evaluation of the judicial expertise activities in the judicial field and submit it to the Minister of Justice.

2. In provinces/cities

a) Before December 15 every year, the unit which is directly solicited or assigned to perform judicial expertise, the unit whose member is the leader of the expertise team (if any) shall send a report on expertise performance to the Department of Justice for further reporting to the Provincial People's Committee and the Ministry of Justice.

b) Before December 20 every year, the Department of Justice shall make a final report and evaluation of  judicial expertise activities in the province, propose to the Provincial People's Committee for rewards (if any), and send a report to the Ministry of Justice.

Article 23. Transitional regulations

1. Previously appointed and recognized judicial experts, ad hoc judicial expertise performers, ad hoc judicial expertise institutions in the judicial field as per the law before the effective date of this Circular need not undergo further appointment or recognition under this Circular, as long as they meet the ongoing qualifications in Article 4 and Article 19(1) of the Law on Judicial Expertise.

2. Expertise solicitations that are received and performed before the effective date of this Circular but for which no conclusion has yet been issued, shall continue to be performed in accordance with this Circular.

Article 24. Entry into force

1. This Circular comes into force as of December 29, 2023

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PP. MINISTER
DEPUTY MINISTER




Mai Luong Khoi