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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law No. 105/2025/QH15
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Hanoi, December 05, 2025
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LAW
ON JUDICIAL ASSESSMENT
Pursuant to
Constitution of the Socialist Republic of Vietnam amended by Resolution No.
203/2025/QH15;
The National Assembly
hereby promulgates the Law on Judicial Assessment
Chapter I
GENERAL PROVISIONS
Article 1. Regulatory
scope
This Law provides for
judicial assessors, judicial assessment institutions; procedures for judicial
assessment; costs of judicial assessment; benefits and policies applicable to
judicial assessment; state management of judicial assessment; responsibilities
of procedural-conducting authorities, as well as organizations and individuals
involved in judicial assessment activities.
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1. Judicial assessors,
judicial assessment institutions, judicial assessment councils.
2. Ordering parties,
requesting parties
3. Other agencies, units,
organizations and individuals involved in judicial assessment activities
Article 3.
Interpretation of terms
For the purposes of this
Law, the terms below shall be construed as follows:
1. Judicial assessment means
the use of scientific, technical and professional knowledge, means and methods
to examine, evaluate and provide expert conclusions on matters related to the
receipt and handling of crime reports and denunciations, initiation,
investigation, prosecution, adjudication and enforcement of criminal judgments,
and the resolution of civil and administrative cases, upon order by an ordering
party or upon request of a requesting party.
2. Ordering parties
includes procedural-conducting authorities and persons; authorities and persons
assigned to carry out certain investigative activities; and other authorities
and persons competent to order judicial assessments in accordance with law.
3. Requesting party
means a person who has the right to independently request judicial assessment after
having requested a ordering party to order such assessment but whose request
has not been accepted in accordance with the laws on criminal procedure, civil
procedure, and administrative procedure.
4. Judicial assessors include
appointed judicial assessors and case-specific judicial assessors.
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(In certain contexts,
“judicial assessor” may be used to translate “giám định viên” as it is
implicitly understood to refer to a person who has been appointed.)
6. Case-specific
assessor means a person recognized by a competent regulatory authority or
ordered by an ordering party in special cases specified in clause 4 Article 14
of this Law.
7. Judicial assessment
organizations include public judicial assessment organizations, case-specific
judicial assessment organizations, and judicial assessment offices.
8. Case-specific
judicial assessment organization means an organization recognized by a
competent regulatory authority or ordered by an ordering party in special cases
specified in clause 3 Article 19 of this Law.
9. A judicial
assessment process is a set of sequential steps and procedures for conducting
judicial assessment in a specific professional or specialized field.
10. Professional
standards in judicial assessment activities are legal regulations, technical
regulations, norms, economic-technical norms, technical requirements, various
procedures, and other norms issued by competent authorities in specific
professional or specialized fields to serve judicial assessment activities.
Article 4. Principles
of conducting judicial assessment
1. Compliance with the
law, adherence to judicial assessment procedures, scientific, technical, and
professional methods, assessment processes, and professional regulations in
judicial assessment activities.
2. Honesty, accuracy,
objectivity, impartiality, and timeliness.
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4. Providing conclusions
only on professional matters within the scope of the ordered or requested
judicial assessment.
5. Being legally
accountable for the judicial assessment conclusions.
Article 5. State's
policies on judicial assessment activities
1. The State shall invest
in and develop a system of public judicial assessment organizations in fields
with high and frequent demand for assessments to meet the requirements of
judicial proceedings; provide preferential policies and facilitate
participation while maintaining strict quality control over non-public judicial
assessment organizations, case-specific judicial assessment organizations, or
other units, organizations, and individuals when participating in judicial
assessment activities.
2. The State shall adopt
policies to prioritize the training and professional development of judicial
assessors; promote the application of science and technology and digital
transformation; and develop a database on judicial assessment.
Article 6. Responsibilities
of agencies, units, organizations and individuals for judicial assessment
activities
Agencies, units,
organizations and individuals shall be responsible for cooperating and
facilitating judicial assessors in carrying out assessments in accordance with
this Law and other relevant laws.
Article 7.
Responsibilities for state management in judicial assessment activities
1. The Government shall
uniformly perform state management of judicial assessment nationwide.
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3. Ministries and
ministerial agencies shall be responsible for assisting the Government in the
state management of judicial assessment within their jurisdiction and for
cooperating with the Ministry of Justice in uniformly performing state
management of judicial assessment.
4. The Supreme People’s
Procuracy shall perform the management of its affiliated public judicial
assessment organizations; review and summarize the organization and operation
of judicial assessment within its jurisdiction, and send annual reports to the
Ministry of Justice for consolidation and submission to the Government.
5. The People’s Committees
of provinces and cities shall perform state management of judicial assessment
in their provinces or cities as prescribed.
Article 8.
Responsibilities of procedural-conducting authorities in judicial assessment
activities
1. Responsibilities of
central procedural-conducting authorities:
a) The Ministry of Public
Security shall take charge and cooperate with the Ministry of National Defence,
the Ministry of Justice, the Supreme People’s Procuracy, and the Supreme
People’s Court in promulgating specific regulations on the order and request
for judicial assessment, and on the evaluation and use of judicial assessment
conclusions in the course of handling criminal cases and matters;
b) The Supreme People’s
Procuracy shall take charge and coordinate with the Ministry of Public
Security, the Ministry of National Defence, the Ministry of Justice, and the
Supreme People’s Court in promulgating statistical indicators and organizing
the implementation of statistics and the development of databases on the order
and request for judicial assessment, and the evaluation and use of judicial
assessment conclusions in criminal proceedings in association with crime
statistics.
The Supreme People’s Court
shall take charge and coordinate with the Ministry of Justice, Supreme People’s
Procuracy in promulgating statistical indicators and organizing the
implementation of statistics and the development of databases on the order and
request for judicial assessment, and the evaluation and use of judicial
assessment conclusions in criminal proceedings in association with crime
statistics. Supreme People’s Procuracy in promulgating statistical indicators
and organizing the implementation of statistics and the development of
databases on the requisition and request for judicial assessment, and the
evaluation and use of judicial assessment conclusions in civil and
administrative proceedings.
Databases on the order and
request for judicial assessment and the evaluation and use of judicial assessment
conclusions in procedural activities shall be interconnected and shared;
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d) The Chief Justice of
the Supreme People’s Court shall prescribe the arrangement and positioning of
judicial assessors when participating in proceedings at court hearings.
dd) Other responsibilities
according to regulations of laws.
2. Responsibilities of
local procedural-conducting authorities:
a) Conduct statistical
compilation on the ordering and requesting of judicial assessment, as well as
on the evaluation and use of judicial assessment conclusions in procedural
activities falling within local management competence, in accordance with the
regulations of central procedural-conducting authorities.
b) The People’s Courts and
the People’s Procuracies of provinces and central-affiliated cities shall,
within the ambit of their respective management competence, incorporate into
their annual reports submitted to the People’s Councils of such provinces and
cities contents on the status of ordering and requesting judicial assessment;
the evaluation of the implementation of judicial assessment; the use of
judicial assessment conclusions; and the projection of demand for judicial assessment;
and shall concurrently transmit the contents relating to judicial assessment to
the Departments of Justice and other relevant departments and local authorities.
c) Other responsibilities
according to regulations of laws.
Article 9. Prohibited
acts
1. To refuse, without
legitimate grounds, to accept or to conduct judicial assessment; or to
intentionally delay the conduct of judicial assessment or the issuance of
judicial assessment conclusions.
2. To refuse to issue
judicial assessment conclusions in the absence of force majeure events or
objective impediments.
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4. To abuse the status of
a judicial assessor or a judicial assessment organization for the purpose of
obtaining undue benefits.
5. To receive money,
property, or other benefits from any agency, organization, or individual in
order to distort the ordering or requesting of judicial assessment, or to falsify
the results or conclusions of judicial assessment.
6. To intentionally issue
false or misleading judicial assessment conclusions.
7. To abuse the ordering
or requesting of judicial assessment so as to cause difficulties or obstruct
procedural activities.
8. To misuse the ordering
of judicial assessment in criminal proceedings as a substitute for
investigative activities or for the discharge of the burden of proof by
procedural-conducting authorities.
9. To interfere with or
obstruct the conduct of judicial assessment by judicial assessors.
10. To incite, threaten,
or coerce a judicial assessor to issue false or misleading judicial assessment
conclusions.
Chapter II
JUDICIAL
ASSESSORS
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Article 10. Criteria of
appointed judicial assessors
1. A Vietnamese citizen
permanently residing in Viet Nam who satisfies the following criteria may be
considered for appointment as a judicial assessor:
a) Possessing good moral
character;
b) Holding a university
degree or higher and having at least five (05) years of professional experience
in the field of training.
In the case of a person
proposed for appointment as a forensic examiner (i.e. appointed judicial
assessor), forensic psychiatric examiner (i.e. appointed judicial assessor), or
criminalistics examiner (i.e. appointed judicial assessor) who has directly
assisted in assessment activities within a forensic, forensic psychiatric, or
criminalistics assessment organization, the required period of professional
experience shall be at least three (03) years;
c) Having completed a
training course on legal knowledge and judicial assessment practice.
2. Ministers and Heads of
ministerial agencies shall elaborate on Points b and c of Clause 1 of this
Article in respect of judicial assessors in specialized fields under their
respective management competence.
Article 11. Appointment
and dismissal of judicial assessors (i.e. appointed judicial assessors)
1. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, and the Procurator
General of the Supreme People’s Procuracy shall appoint and dismiss judicial
assessors for persons working in agencies and units under their respective
management.
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3. The following persons
shall not be eligible for appointment as judicial assessors:
a) Persons who fail to
satisfy the criteria specified in Clause 1, Article 10 of this Law;
b) Legally incapacitated
persons, persons with limited legal capacity or persons with limited cognition
or behavior control.
c) Persons who are subject
to criminal prosecution; persons who have been convicted of unintentional
crimes or less serious intentional crimes and whose criminal records have not
yet been expunged; persons who have been convicted of serious, very serious, or
especially serious intentional crimes;
d) Persons currently
subject to administrative handling measures, including education at commune,
ward, or special zone level, placement in compulsory drug rehabilitation
facilities or compulsory education institutions;
dd) Officials subject to
removal from office; civil servants or public employees subject to forced
termination of employment; officers, non-commissioned officers, soldiers,
professional servicemen, workers and public employees in agencies or units
affiliated to the People’s Army subject to deprivation of military title or
forced termination of employment; officers, non-commissioned officers, soldiers
and workers in agencies or units affiliated to the People’s Public Security
subject to deprivation of public security title or forced termination of
employment.
This provision shall apply
for a period of 03 years from the effective date of the decision to impose
disciplinary measures;
e) Persons currently
serving disciplinary measures at the level of reprimand or more severe.
4. A judicial assessor
shall be dismissed in the following cases:
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b) Being subject to
disciplinary measures at the level of reprimand or more severe, or
administrative sanctions for committing prohibited acts under Article 9 of this
Law;
c) Having a retirement
decision or a decision on termination of employment that has taken effect,
except where the judicial assessor wishes to continue conducting judicial
assessment at the same agency, unit or organization and is approved in
accordance with law;
d) Being reassigned or
transferred to another agency, unit, or organization and no longer working in
the field of expertise for which he or she was appointed;
dd) Failing to establish,
participate in the establishment of, or work under an employment contract with
a judicial assessment office, or failing to work at an agency, unit or
organization within 12 months from the date of appointment.
5. A judicial assessor may
be dismissed at his or her own request. Where the judicial assessor is working
in an agency, unit, or organization, such dismissal must be approved by that
agency, unit, or organization.
6. A person previously
appointed as a judicial assessor who has been dismissed may be considered for
re-appointment in the following cases:
a) A person dismissed due
to failure to meet the criteria specified in Clause 1, Article 10 of this Law
may be considered for re-appointment when the grounds for dismissal no longer
exist and he or she does not fall under the ineligible cases specified in
Points b, c, d, dd, and e, Clause 3 of this Article;
b) A person dismissed due
to loss or limitation of legal capacity, or limitation of cognition and
behavioral control, may be considered for re-appointment when such grounds no
longer exist and he or she does not fall under the cases specified in Points a,
c, d, dd, and e, Clause 3 of this Article;
c) A person dismissed
under Points c, d, dd, and e, Clause 3, and Point b, Clause 4 of this Article
may be considered for re-appointment when the criteria specified in Clause 1,
Article 10 of this Law are satisfied; a period of 03 years has elapsed from the
effective date of the decision to impose dismissal (or dismissal decision) and
the grounds for dismissal no longer exist;
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dd) A person dismissed as
specified in point dd Clause 4 of this Article may be considered for
re-appointment after 12 months from the date of dismissal when he or she does
not fall under the ineligible cases specified in Clause 3 of this Article;
e) A person dismissed as
specified in Clause 5 of this Article may be considered for re-appointment when
he or she satisfies the criteria specified in clause 1 Article 10 of this Law
and does not fall under the ineligible cases specified in Clause 3 of this
Article.
7. A person appointed as a
judicial assessor shall be issued a judicial assessor card. Persons competent
to appoint and dismiss judicial assessors as prescribed in Clauses 1 and 2 of
this Article shall have the authority to issue, re-issue and revoke such cards.
8. The Government shall
provide detailed regulations on the procedures for appointment, re-appointment,
dismissal, issuance, re-issuance and revocation of judicial assessor cards.
Article 12. Rights and
obligations of appointed judicial assessors
1. An appointed judicial
assessor shall have the rights:
a) To establish,
participate in establishing, or work under an employment contract at a judicial
assessment office, or work under an employment contract at an agency, unit or
organization in accordance with the law;
b) To establish or
voluntarily join an association of judicial assessors in accordance with
association laws;
c) To enjoy benefits and
policies as provided under this Law and other relevant provisions of law;
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2. An appointed judicial
assessor shall have the following obligations:
a) To comply with the
principles, procedures, and processes of judicial assessment as prescribed by
this Law;
b) To participate in
annual training courses on legal knowledge and judicial assessment practice.
c) To conduct judicial
assessments in response to orders or requests from ordering parties or
requesting parties, or as assigned by the agencies, units, or organizations
issuing the orders or requests;
d) To perform the
obligations in clause 2 Article 24, clause 2 Article 38 of this Law and other
obligations as prescribed by relevant laws.
Section 2. Case-specific judicial assessors
Article 13. Criteria
for case-specific judicial assessors
1. Vietnamese citizens
permanently residing in Vietnam who meet the following criteria may be
recognized as case-specific judicial assessors:
a) Possessing good moral
character;
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2. In cases where a person
does not satisfy the requirement specified in point (b), Clause 1 of this
Article, but possesses in-depth knowledge, practical experience, and
professional skills in the field or specialization requiring assessment, the
competent agency or organization may consider deciding the selected person and
recognize such person as a case-specific judicial assessor.
Article 14. Grant of
recognition, revocation of recognition of case-specific judicial assessors
1. Ministers, heads of
ministerial agencies and heads of governmental agencies shall recognize or
revoke the recognition of case-specific judicial assessors who work at agencies
or units under their management.
2. Chairpersons of
People’s Committees of provinces and cities shall recognize or revoke the recognition
of case-specific judicial assessors for persons working in agencies, units and
organizations under their management; and individuals having permanent
residence in the provinces and central-affiliated cities, except for the cases
specified in Clause 1 of this Article.
3. Ministers, heads of
ministerial agencies, and heads of governmental agencies, chairpersons of the
People’s Committees of provinces or cities shall issue decisions to recognize
lists of case-specific judicial assessors. Such lists shall serve as the basis
for ordering and requesting parties to select and decide the issuance of orders
or requests for judicial assessment.
4. In special cases, an
ordering party may issue an order for judicial assessment to a person not
included in the published list of case-specific judicial assessors, provided
that such person satisfies the criteria specified in Article 13 of this Law.
The ordering party must clearly state the reasons in the decision to issue the
order and shall be responsible for such decision.
5. Persons shall not be
recognized as case-specific judicial assessors in the following cases:
a) They fail to satisfy
the criteria specified in Article 13 of this Law;
b) They fall under the
cases prescribed in points b, c, d, dd and e clause 3 Article 11 of this Law.
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a) They no longer meet the
criteria specified in Article 13 of this Law;
b) They fall under the
cases specified in points b, c, d, dd and e clause 3 Article 11 of this Law;
c) They are subject to
disciplinary measures at the level of reprimand or more severe, or
administrative sanctions for committing prohibited acts under Article 9 of this
Law;
d) A decision on
retirement or termination of employment takes effect;
dd) They are reassigned or
transferred to another agency, unit, or organization and no longer work in the
field of expertise for which they were recognized.
7. A case-specific
judicial assessor may have their recognition revoked at their own request.
Where such person is working at an agency, unit or organization, the consent of
that agency, unit or organization is required.
8. The Government shall
elaborate on the procedures for recognition and revocation of recognition of
case-specific judicial assessors.
Article 15. Rights and
obligations of case-specific judicial assessors
1. A case-specific
judicial assessor shall have the following rights:
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b) To enjoy benefits and
policies as provided under this Law and other relevant provisions of law;
c) To exercise the rights
stipulated in Clause 1, Article 24 of this Law and other rights in accordance
with relevant legal provisions.
2. A case-specific
judicial assessor shall have the following obligations:
a) To comply with the
principles and procedures for judicial assessment, judicial assessment
processes, professional standards, and scientific, technical and professional
methods as prescribed by this Law and other relevant provisions of law;
b) To participate in
training courses on legal knowledge and judicial assessment practice;
c) To conduct judicial
assessments in response to orders or requests from ordering parties or
requesting parties, or as assigned by the agencies, units, or organizations
issuing the requests or orders;
d) To perform the
obligations in clause 2 Article 24, clause 2 Article 38 of this Law and other
obligations as prescribed by relevant laws.
Chapter III
JUDICIAL ASSESSMENT
ORGANIZATIONS
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Article 16. Public
judicial assessment organizations
1. Public judicial
assessment organizations shall be established by competent regulatory
authorities in the fields of forensic medicine, forensic psychiatry, and
forensic criminalistics. Public judicial assessment organizations shall have
legal entity status in accordance with the law.
Where necessary,
Ministers, Heads of ministerial agencies, and Chairpersons of the People’s
Committees of provinces or central-affiliated cities shall consider deciding
the establishment of, or propose to competent authorities to establish, public
judicial assessment organizations in other fields.
2. Public judicial
assessment organizations shall conduct judicial assessments in accordance with
this Law. Public judicial assessment organizations that are public service
providers may also provide judicial assessment services outside judicial
proceedings in their respective fields or specializations in accordance with
this Law.
3. The Government of
Vietnam shall elaborate on clause 2 of this Article.
Article 17. System,
functions, duties, powers and organizational structure of public judicial
assessment organizations
1. Public judicial
assessment organizations in the field of forensic medicine include:
a) Public judicial
assessment organizations under the Ministry of Health;
b) Public judicial assessment
organizations under the Ministry of National Defense;
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d) Public judicial
assessment organizations under Departments of Health of provinces or cities.
2. Public judicial
assessment organizations in the field of forensic psychiatry shall be under the
Ministry of Health.
3. Public judicial
assessment organizations in the field of forensic criminalistics include:
a) Public judicial
assessment organizations under the Ministry of Public Security;
b) Public judicial
assessment organizations under the Ministry of National Defense;
c) Public judicial
assessment organizations under the Supreme People’s Procuracy;
d) Public judicial
assessment organizations under the Police of provinces or cities.
4. Public judicial
assessment organizations under the Supreme People’s Procuracy specified in
point c, Clause 3 of this Article shall conduct specialized assessments of
audio, digital technology and electronics.
Public judicial assessment
organizations under the Police of provinces or cities specified in point d
Clause 3 of this Article shall conduct forensic autopsy assessments and
forensic injury assessments.
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The Chief Procurator of
the Supreme People’s Procuracy shall prescribe the functions, tasks, powers,
and organizational structure of public judicial assessment organizations under
the Supreme People’s Procuracy.
Section 2.
CASE-SPECIFIC JUDICIAL assessment
organizations
Article 18.
Case-specific judicial assessment organizations
1. A case-specific
judicial assessment organization must satisfy the following conditions:
a) It has legal status;
b) It has functions, tasks
and powers in a field of expertise or specialization appropriate to the
contents of the ordered or requested judicial assessment;
c) It has operated for at
least five (05) years in a field of expertise or specialization appropriate to
the contents of the ordered or requested judicial assessment;
d) It has a contingent of
professional staff, as well as facilities, equipment and working means ensuring
the performance of judicial assessment.
2. A case-specific
judicial assessment organization shall conduct judicial assessments upon an
order for judicial assessment or a request for judicial assessment in
accordance with this Law. The head of the organization shall be responsible for
receiving and assigning persons conducting judicial assessment.
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Article 19. Grant of
recognition, revocation of recognition of case-specific judicial assessment
organizations
1. Ministers, heads of
ministerial agencies and heads of governmental agencies shall grant or revoke
recognition of case-specific judicial assessment organizations for agencies or
units under their management.
Chairpersons of the
People’s Committees of provinces or central-affiliated cities shall grant or
revoke recognition of case-specific judicial assessment organizations for
agencies, units, organizations or enterprises under their management.
2. Ministers, heads of
ministerial agencies, and heads of governmental agencies, chairpersons of the
People’s Committees of provinces or cities shall issue decisions to recognize
lists of case-specific judicial assessment organizations. Such lists shall
serve as the basis for ordering and requesting parties to select and decide the
issuance of orders or requests for judicial assessment.
3. Ministries, ministerial
agencies, Governmental agencies, and specialized agencies under the People’s
Committees of provinces and central-affiliated cities shall conduct judicial
assessment only upon an order for judicial assessment after the ordering party
has issued an order to a case-specific judicial assessment organization
included in the published list of case-specific judicial assessment
organizations, but such organization falls into a case of refusal or is not
permitted to conduct judicial assessment as prescribed in Article 38 of this
Law. Where these agencies receive the order to conduct judicial assessment in
such cases, they shall be deemed case-specific judicial assessment
organizations.
In special cases, an
ordering party may issue an order for judicial assessment to an organization
not included in the published list of case-specific judicial assessment
organizations, provided that such organization satisfies the criteria specified
in clause 1 Article 18 of this Law. The ordering party must clearly state the
reasons in the decision to issue the order and shall be responsible for such
decision.
4. Cases of revocation of
recognition of a case-specific judicial assessment organization:
a) It no longer satisfies
the criteria specified in Clause 1, Article 18 of this Law;
b) It is subject to
administrative sanctions for committing prohibited acts prescribed in Article 9
of this Law.
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Section 3. JUDICIAL
ASSESSMENT OFFICES
Article 20. Judicial
assessment offices
1. Judicial assessment
offices shall be organized and operate in the form of sole proprietorships or
partnerships in accordance with this Law, enterprise laws and other relevant
laws.
2. Judicial assessment
offices shall be established and registered for operation in the following
fields and specializations:
a) Forensic science,
including the specializations related to documents, digital technology and
electronics and fingerprint traces, except as prescribed in Clause 3 of this
Article;
b) Forensic medicine,
including the specialization related to DNA, except as prescribed in Clause 3
of this Article;
c) Culture, including the
specializations related to antiques, relics, and copyright;
d) Finance;
dd) Banking;
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g) Natural resources.
3. Judicial assessment
offices shall not conduct judicial assessment in the specializations related to
DNA, documents, digital technology and electronics, and fingerprint traces in
criminal proceedings, except where a judicial assessment is ordered by the
ordering party in special cases as prescribed in Clause 3, Article 19 of this
Law.
4. The head of a judicial
assessment office shall be its legal representative and shall manage and
administer its operations. The head of a judicial assessment office must be an
appointed judicial assessor.
5. The name of a judicial
assessment office shall comprise the phrase “Judicial Assessment Office” and a
proper name in Vietnamese.
6. A judicial assessment
office shall be established and registered for operation with the provincial
Department of Justice upon satisfaction of the following conditions:
a) The head of the office
is an appointed judicial assessor with at least three (03) years of experience
in judicial assessment;
b) A scheme for
establishment of a judicial assessment office is in place.
A judicial assessment
office shall commence its operation from the date on which the provincial
Department of Justice approves the establishment scheme and issues the
operation registration certificate.
7. A judicial assessment
office shall terminate its operation in the following cases:
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b) Its operation
registration certificate is revoked;
c) It is consolidated or
merged.
8. Officials, public
employees, officers, non-commissioned officers, soldiers, professional
servicemen, workers, and employees in agencies or units of the People’s Army;
and officers, non-commissioned officers, soldiers, and workers in agencies or
units of the People’s Public Security shall not be permitted to establish
judicial assessment offices.
9. The Government shall
elaborate on procedures for establishment and operation registration;
amendments to establishment or operation registration contents; re-issuance of
operation registration certificates; suspension, termination, consolidation,
and merger of judicial assessment offices.
Article 21. Rights and
obligations of judicial assessment offices
1. A judicial assessment
office shall have the following rights:
a) To conduct judicial
assessment in accordance with this Law and to provide assessment services
outside judicial proceedings in accordance with law;
b) To designate appointed
judicial assessors to conduct judicial assessment;
c) To enter into employment
contracts with appointed judicial assessors and other employees working for the
organization in accordance with law;
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dd) To exercise other
rights as prescribed by law.
2. A judicial assessment
office shall have the following obligations:
a) To conduct judicial
assessment according to the principles, procedures, and processes of judicial
assessment as prescribed by this Law;
b) To comply with judicial
assessment procedures, professional standards in assessment activities, and
scientific, technical and professional methods, and to take responsibility for
assessment conclusions;
c) To provide compensation
for damage caused in the course of conducting judicial assessment in accordance
with law;
d) To submit reports on
its organization and operation on an annual basis or on an ad hoc basis upon
request to the Department of Justice of the administrative division where the
office is headquartered;
dd) To comply with
requests of competent regulatory authorities for inspection and examination in
accordance with law;
e) To perform other
obligations as prescribed by law.
Chapter IV
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Article 22. Rights and
obligations of ordering parties
1. An ordering party shall
have the following rights:
a) To order a judicial
assessor or a judicial assessment organization to conduct judicial assessment;
b) To request a judicial
assessor or a judicial assessment organization to provide the judicial assessment
conclusion in accordance with the requested contents and within the prescribed
time limit;
c) To request the judicial
assessor or judicial assessment organization that has conducted the assessment
to explain the judicial assessment conclusion;
d) To request the court to
summon the judicial assessor or judicial assessment organization that has
conducted the assessment to participate in the hearing to explain and present
the judicial assessment conclusion;
dd) To decide
supplementary assessment, re-assessment, change of the judicial assessor, or to
request the change of the judicial assessor;
e) To exercise other
rights as defined by law.
2. An ordering party shall
have the following obligations:
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b) To specify, in the
decision on ordering a judicial assessment, the contents, field or
specialization subject to assessment in relation to the case or matter under
resolution; such contents must be specific, clear and appropriate to the
subject matter of assessment;
c) To select a judicial
assessor or a judicial assessment organization having the capacity and
satisfying the conditions to conduct the assessment in accordance with the
nature and contents of the assessment, for the issuance of the decision on
ordering a judicial assessment;
d) To provide a complete
application for ordering a judicial assessment immediately upon issuing the
decision on ordering a judicial assessment, and to take responsibility before
the law for the application provided;
dd) To implement or
request competent authorities to apply measures in accordance with laws to
protect the judicial assessor or his/her relatives where their life, health,
honor, dignity, or property is threatened due to participation in the case or
matter;
e) To promptly notify in
writing the judicial assessor or judicial assessment organization of the
suspension of the case or matter so as to cease the judicial assessment;
g) To make timely and full
payment of judicial assessment costs where the ordering of the judicial
assessor or judicial assessment organization is not funded by the state budget;
h) To perform other
obligations as prescribed by law.
Article 23. Rights and
obligations of requesting parties
1. A requesting party
shall have the following rights:
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b) To request a judicial
assessor or a judicial assessment organization to provide the judicial
assessment conclusion within the time limit prescribed by this Law;
c) To request the judicial
assessor or judicial assessment organization to explain the judicial assessment
conclusion;
d) To request the court to
summon the judicial assessor or judicial assessment organization that has
conducted the assessment to participate in the hearing to explain and present
the judicial assessment conclusion;
dd) To request the
ordering party to order supplementary assessment or re-assessment in accordance
with Article 32 of this Law;
e) To exercise other
rights as defined by law.
2. A requesting party
shall have the following obligations:
a) To provide a complete
application for requesting a judicial assessment and to take responsibility
before the law for the application provided;
b) To pay an advance on
judicial assessment costs upon making the request, and to make timely and full
payment of such costs to the judicial assessor or judicial assessment
organization upon receipt of the judicial assessment conclusion;
c) To perform other
obligations as prescribed by law.
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1. A judicial assessor
shall have the following rights:
a) To request the ordering
party or the requesting party to provide a complete application for ordering or
requesting a judicial assessment;
b) To select appropriate
and necessary methods for conducting the assessment in accordance with the
contents, field or specialization subject to assessment;
c) To use results of
experiments, tests, professional conclusions or assessment conclusions produced
by other organizations or individuals for the purpose of conducting the
assessment;
d) To independently issue
the judicial assessment conclusion;
dd) To request the
ordering party or a competent authority to apply measures in accordance with
laws to protect himself/herself or his/her relatives where their life, health,
honor, dignity, or property is threatened due to participation in the case or
matter;
e) To refuse to conduct
judicial assessment in cases prescribed in Article 38 of this Law;
g) To be provided with an
appropriate position when participating in court proceedings;
h) To receive
remuneration, allowances for judicial assessment, expenses for court
proceedings and other necessary costs in accordance with law;
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k) To employ assistants in
the course of conducting judicial assessment;
l) To exercise other
rights as prescribed by law.
2. A judicial assessor
shall have the following obligations:
a) To comply with judicial
assessment procedures and professional standards in assessment activities when
conducting judicial assessment;
b) To conduct the
assessment in accordance with the contents, field or specialization subject to
assessment;
c) To conduct the
assessment and provide the judicial assessment conclusion within the prescribed
time limit;
d) To prepare a judicial
assessment file;
dd) To preserve the
subject matter of assessment, documents and relevant samples received and to
return them to the competent authority in accordance with law;
e) Not to disclose
assessment results to any other person, except where consent in writing is
given by the ordering party or requesting party;
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h) To provide compensation
for damage caused in the course of conducting judicial assessment in accordance
with law;
i) To perform other
obligations as prescribed by law.
Article 25. Rights and
obligations of judicial assessment organizations in judicial assessment
activities
1. A judicial assessment
organization ordered or requested to conduct judicial assessment shall have the
following rights:
a) To request the ordering
party or the requesting party to provide a complete application for ordering or
requesting a judicial assessment;
b) To assign a judicial
assessor to conduct the assessment;
c) To refuse to conduct
judicial assessment in cases prescribed in Article 38 of this Law;
d) To receive advances and
to be paid judicial assessment costs in a timely and full manner in accordance
with law;
dd) To request the
ordering party or a competent authority to apply measures in accordance with
laws to protect its rights, interests, reputation and property in connection
with its participation in the case or matter;
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2. A judicial assessment
organization ordered or requested to conduct judicial assessment shall have the
following obligations:
a) To direct and supervise
the organization of judicial assessment to ensure compliance with the
prescribed time limit, contents, field or specialization subject to assessment;
b) To ensure the
availability of time, equipment, facilities and other necessary conditions for
conducting the judicial assessment;
c) To promptly notify in
writing the ordering party or requesting party in cases where new contents or
issues arise during the course of conducting the assessment;
d) To preserve the subject
matter of assessment, documents and relevant samples received and to return
them to the competent authority in accordance with regulations;
dd) To provide
compensation for damage in cases where its assessor intentionally falsifies the
judicial assessment conclusion, causing damage to organizations or individuals;
e) To bear responsibility
for the judicial assessment conclusion issued;
g) To perform other
obligations as prescribed by law.
Article 26. Order for
judicial assessment
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Where the collected
evidence and documents have already clarified the matters to be proved but the
ordering party requires additional professional information for consideration
and evaluation, such party shall directly consult, convene meetings or solicit
written opinions from relevant organizations or individuals, without issuing an
order for judicial assessment.
2. The ordering party for
judicial assessment shall issue a written decision on ordering a judicial
assessment and send the application for ordering a judicial assessment to the
judicial assessor or judicial assessment organization. Where the application
cannot be enclosed with the decision, the ordering party shall be responsible
for completing procedures for handover to the judicial assessor or judicial
assessment organization.
The ordering party shall
order assessment of only professional contents or issues and shall not request
the judicial assessor or judicial assessment organization to issue assessment
conclusions on contents falling within the responsibility of the ordering party.
3. A decision on ordering
a judicial assessment shall contain the following principal contents:
a) Name and address of the
ordering authority; full name of the person competent to issue the order;
b) Name and address of the
organization; or full name of the person receiving the order;
c) Name and
characteristics of the subject matter of assessment;
d) Name of relevant
documents or comparison samples enclosed (if any);
dd) Contents of the
judicial assessment request;
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4. In cases of supplementary
assessment or re-assessment, the decision on ordering a judicial assessment
shall clearly state that it is a supplementary assessment or a re-assessment
and specify the reasons therefor.
5. Where necessary, prior
to issuing a decision on ordering a judicial assessment, the ordering party may
consult with the proposed judicial assessor or judicial assessment organization
and relevant agencies regarding the contents of the order, time limits,
application for ordering a judicial assessment and other relevant matters (if
any).
6. Where the contents
subject to assessment involve multiple fields of expertise falling within the
competence of different judicial assessment organizations, the ordering party
shall separate each content for ordering the appropriate organization.
Where such contents
involve multiple fields of expertise within the competence of different
judicial assessment organizations but are closely interrelated such that
separation would cause difficulties, affect the accuracy of the assessment, or
prolong the assessment period, the ordering party shall determine the principal
content to be assessed and designate a lead judicial assessment organization
and cooperating judicial assessment organizations. The decision on ordering a
judicial assessment shall be sent to both the lead and cooperating
organizations. The lead organization shall act as the focal point for
organizing the overall assessment, conduct the assessment within its expertise
and issue the judicial assessment conclusion.
7. Where difficulties
arise in the process of ordering or cooperating in the assessment, the ordering
party shall take charge and cooperate with the judicial assessor or judicial
assessment organizations in resolving such issues.
Article 27. Request for
judicial assessment in civil matters, administrative cases and criminal cases
1. The requesting party
shall submit a written request for judicial assessment to the judicial assessor
or judicial assessment organization, together with an application for
requesting a judicial assessment and copies of documents proving his/her/its
status as a requesting party in accordance with Clause 3, Article 3 of this Law.
2. Where the application
for requesting a judicial assessment is being held by a competent authority,
the requesting party shall have the right to request such authority to hand
over the application to the judicial assessor or judicial assessment
organization for the purpose of conducting the assessment.
3. A written request for
judicial assessment shall contain the following contents:
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b) Contents of the
judicial assessment request;
c) Name and
characteristics of the subject matter of assessment;
d) Name of relevant
documents or comparison samples enclosed (if any);
dd) Date of the request
and time limit for issuance of the judicial assessment conclusion;
e) Signature and full name
of the requesting party.
Article 28. Receipt of
orders and requests for judicial assessment
1. Local judicial
assessment organizations and judicial assessors, and judicial assessment
organizations under ministries, ministerial agencies and Governmental agencies
headquartered in local administrative divisions shall be responsible for receiving
orders for judicial assessment and conducting judicial assessment as ordered by
local or central ordering parties.
2. Central judicial
assessment organizations and judicial assessors shall be responsible for
receiving orders for judicial assessment and conducting judicial assessment in
the following cases:
a) Where the order is
issued by a central ordering party;
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c) Where re-assessment is
conducted for a matter already assessed by a local judicial assessment
organization or judicial assessor;
d) Where the central
judicial assessment organization has issued a written confirmation of
acceptance of conducting the assessment as ordered by a local ordering party.
3. Within five (05)
working days from the date of receipt of an order for judicial assessment or a request
for judicial assessment, the judicial assessment organization or judicial
assessor shall notify in writing the ordering party or requesting party of the
acceptance or refusal of conducting the assessment; in case of refusal, the
reasons must be clearly stated.
Where the assessment is
accepted, the head of the judicial assessment organization shall assign a
person with appropriate expertise and professional qualifications appropriate
to the contents of the order or request for judicial assessment; where two or
more persons are assigned, the leading person and cooperating person(s) shall
be designated .
4. In cases where a lead
judicial assessment organization and cooperating judicial assessment
organization(s) are designated as prescribed in Clause 6, Article 26 of this
Law, within three (03) working days from the date of receipt of the decision on
ordering a judicial assessment, the cooperating judicial assessment
organization shall issue a written designation of its judicial assessor and
send it to the lead organization and the ordering party; in case of refusal, it
shall notify in writing and clearly state the reasons. Within five (05) working
days from the date of receipt of the written designation from the cooperating
judicial assessment organization, the lead judicial assessment organization
shall notify in writing the ordering party or requesting party of the
acceptance or refusal of conducting the assessment; in case of refusal, the
reasons must be clearly stated.
The conduct of judicial
assessment in this case shall comply with Clause 3, Article 31 of this Law.
5. Ministers and Heads of
ministerial agencies shall promulgate lists of fields of expertise and
specializations under their management, as well as the procedures for accepting
orders for judicial assessment and conducting judicial assessment.
Governmental agencies
shall request the relevant ministries or ministerial agencies responsible for
the respective fields of expertise or specializations to promulgate lists of
fields of expertise and specializations under their management, as well as the
procedures for accepting orders for judicial assessment and conducting judicial
assessment.
Article 29. Delivery
and receipt of applications for ordering or requesting judicial assessment
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a) The decision on
ordering the judicial assessment or the written request for judicial assessment;
b) Relevant information,
documents and objects (if any);
c) The subject matter of
assessment (if any).
2. The direct delivery and
receipt of an application for ordering or requesting judicial assessment must
be documented in a written record. Such record shall include the following
particulars:
a) Time and place of
delivery and receipt;
b) Full names of the
representatives of the delivering party and the receiving party;
c) The application
specified in clause 1 of this Article:
d) The method of
preservation of the subject matter of the assessment, and of relevant documents
and objects during delivery and receipt;
dd) The condition of the
subject matter of the assessment, and of relevant documents and objects during
delivery and receipt;
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3. The delivery of an
application for ordering or requesting a judicial assessment by post must be
carried out by registered mail. The organization or individual receiving the
application sent by registered mail shall be responsible for their safekeeping
and, upon unsealing, must prepare a written record in accordance with Clause 2
of this Article.
The online delivery and
receipt of the application for ordering or requesting a judicial assessment
shall comply with the laws governing the delivery and receipt of electronic
documents and electronic data.
4. In respect of the
delivery and receipt of the subject matter of an assessment in the field of
forensic medicine or forensic psychiatry involving human subjects, the ordering
or requesting party shall take charge and cooperate with the organization or
individual receiving the order for judicial assessment in arranging specialized
personnel to manage such subject matter throughout the assessment process, in accordance
with regulations of the Government.
Article 30. Time limits
for judicial assessment
1. The time limits for
judicial assessment in cases where the ordering of judicial assessment is
mandatory shall be governed by the provisions of criminal procedure law.
2. For cases not specified
in Clause 1 of this Article, the time limit for judicial assessment shall be
two (02) months; in cases where the assessment involves complex matters or a
large workload, the time limit shall be three (03) months; and in cases of
particularly complex matters or an exceptionally large workload, the time limit
shall be four (04) months.
Ministries and ministerial
agencies performing specialized management over fields of judicial assessment
shall, based on the professional characteristics of each field and the maximum
period of assessment (time limit) prescribed in this Clause, stipulate specific
time limits for each type of assessment.
3. The time limit for
judicial assessment shall commence from the date on which the judicial assessor
or judicial assessment organization receives a complete application for
ordering or requesting judicial assessment as prescribed in Clause 1, Article
29 of this Law.
4. In the course of
conducting a judicial assessment, where additional information, documents, or
samples are required as a basis for the assessment, the judicial assessor or
judicial assessment organization shall, within twenty-four (24) hours from the
time such need is identified, issue a written request to the ordering or
requesting party for supplementation. The ordering or requesting party shall be
responsible for providing such additional information, documents, or samples
within five (05) working days from the date of receipt of the request. The
period from the issuance of the request for supplementation until receipt of
the additional information, documents or samples shall not be included in the
prescribed maximum period for judicial assessment.
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Article 31. Judicial
assessment conducted by individuals and organizations
1. Judicial assessment
conducted by an individual means an assessment carried out by a single person. The
judicial assessor shall sign the assessment conclusion and bear personal
responsibility for such conclusion.
2. Judicial assessment
conducted by a judicial assessment organization means an assessment conducted
in accordance with the assignment made by such organization. The organization
shall issue the assessment conclusion bearing the signature of its lawful
representative and the judicial assessor(s).
In cases where there are
different professional opinions or conclusions among the assessors, the head of
the judicial assessment organization shall convene a professional meeting with
the assessors to reach a consensus and issue the assessment conclusion. Where an
assessor maintains a dissenting opinion, such opinion may be recorded as a
reserved opinion in the assessment conclusion.
3. In cases where a
judicial assessment is conducted by a judicial assessment organization
involving multiple fields of expertise, each assessor shall perform the
assessment within his or her respective field of expertise and shall bear
personal responsibility for the corresponding part of the assessment conclusion.
Article 32.
Supplementary assessment and re-assessment
1. A supplementary
assessment shall be conducted where the assessment conclusion is unclear or
incomplete, or where new issues arise in relation to matters previously
concluded upon. The ordering or requesting of a supplementary assessment shall
follow the same procedures as those applicable to an initial assessment.
2. A re-assessment shall
be conducted where there are grounds to question the accuracy of the initial
assessment conclusion, or in the case specified at Point c, Clause 1, Article
33 of this Law. The ordering or requesting of a re-assessment shall follow the
same procedures as those applicable to an initial assessment.
3. The ordering party
shall decide the ordering of re-assessment either on its own initiative or upon
request by the requesting party. Where the ordering party refuses such request,
it shall notify the requesting party in writing, clearly stating the reasons.
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1. A Judicial Assessment
Council shall be established in the following cases:
a) There exists a discrepancy
between the initial judicial assessment conclusion and the re-assessment
conclusion with respect to the same subject matter to be assessed, and the
ordering party decides to conduct a second re-assessment, except for the case
specified at point b of this Clause;
b) A judicial assessment
is conducted for the first time by a Ministry, a ministerial agency, or a
governmental agency as prescribed in Clause 3 Article 19 of this Law, and a
re-assessment is subsequently conducted;
c) Re-assessment is conducted
in special cases in accordance with procedural law.
2. Ministers, Heads of
ministerial agencies, and Chairpersons of the People’s Committees of provinces
and central-affiliated cities shall establish a Judicial Assessment Council
upon receipt of an order for judicial assessment in accordance with Clause 1 of
this Article.
3. The Judicial Assessment
Council shall consist of at least three members who possess high-level
expertise and professional prestige in the field subject to judicial
assessment. The Judicial Assessment Council shall operate as a collective and
make decisions by two-thirds vote; where a judicial assessor has a differing
opinion, such opinion may be reserved in the judicial assessment conclusion.
4. The Government of
Vietnam shall elaborate this Article.
Article 34. Documents
and electronic data recording the process of conducting judicial assessment
1. Judicial assessors and
judicial assessment organizations shall promptly, fully and truthfully record,
in written form or electronic data, the entire process of conducting a judicial
assessment.
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Article 35. Judicial
assessment conclusions
1. A judicial assessment
conclusion must be made in writing and include the following contents:
a) Full name of the
judicial assessor; name and address of the judicial assessment organization;
b) Name of the ordering
party; number of the order for judicial assessment or full name of the
requesting party;
c) Information identifying
the subject matter of assessment;
d) Time of receipt of the
written order for judicial assessment or written request for judicial
assessment;
dd) Contents of the
request for judicial assessment;
e) Methods of conducting
the judicial assessment;
g) Clear and specific
conclusions on the professional contents of the subject matter of assessment in
accordance with the order for judicial assessment or request for judicial
assessment;
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2. Where an individual is
ordered or requested to conduct a judicial assessment, the judicial assessment
conclusion must bear the signature and full name of the judicial assessor. The
use of digital signatures in judicial assessment conclusions shall comply with
the law on electronic transactions.
Where a judicial
assessment organization is ordered or requested to conduct a judicial
assessment, in addition to the signature and full name of the judicial
assessor, the lawful representative of the judicial assessment organization
must sign and affix the seal to the judicial assessment conclusion, and the
organization receiving the order or request for judicial assessment shall be
responsible for such conclusion.
Where a Judicial
Assessment Council as prescribed in Clause 1 of Article 33 of this Law conducts
the judicial assessment, in addition to the signature and full name of the
judicial assessor, the person competent to decide the establishment of the
Council must sign and affix the seal to the judicial assessment conclusion and
shall be responsible for the legal status of the Council.
Where an order for
judicial assessment is sent to a leading judicial assessment organization or a cooperating
judicial assessment organization in accordance with Clause 6 of Article 26 of
this Law, the judicial assessment conclusion must bear the signatures of the
judicial assessors and the signatures and seals of the heads of such
organizations.
3. Where a judicial
assessment is conducted prior to the issuance of a decision to initiate a
criminal case in accordance with the procedures prescribed by this Law, the
competent procedural-conducting authority may use such conclusion as a judicial
assessment conclusion.
4. Where judicial
assessment conclusions for the same content are different and
procedural-conducting authorities cannot reach agreement on which conclusion to
use as a basis for resolving the matter or the case, the competent
procedural-conducting authority shall consider, evaluate and decide the use of
such conclusions based on the following criteria:
a) Professional
qualifications and expertise of the judicial assessor;
b) Methods and procedures
for conducting the judicial assessment;
c) Equipment and
specialized means used in conducting the judicial assessment;
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5. After issuing a
judicial assessment conclusion, the judicial assessor or judicial assessment
organization shall return the subject matter of assessment to the ordering
party or requesting party, unless otherwise provided by law. The ordering party
or requesting party shall receive back the subject matter of assessment in
accordance with law. The handover and receipt must be recorded in minutes; the
contents of such minutes shall comply with Clause 2 of Article 29 of this Law.
Article 36. Suspension
of the conduct of judicial assessment
1. Where a judicial
assessment conclusion is no longer required for the resolution of a matter or
case, the ordering party or requesting party shall promptly issue a written
notification of the suspension of the conduct of the judicial assessment to the
judicial assessor or judicial assessment organization, clearly stating the
reasons therefor.
2. Upon receipt of the
written notification from the ordering party or requesting party, the judicial
assessor or judicial assessment organization shall immediately cease the
conduct of the judicial assessment and shall record such suspension in the
documents or electronic data recording the process of conducting the judicial
assessment.
3. Judicial assessors and
judicial assessment organizations shall be entitled to payment of judicial
assessment costs, judicial allowances for judicial assessment and other
necessary expenses in respect of the work already performed, in accordance with
law.
Article 37. Judicial
assessment files
1. A judicial assessment
file compiled by the judicial assessor shall comprise:
a) The application for
ordering/requesting a judicial assessment;
b) Minutes of the handover
and receipt of the application for ordering/requesting a judicial assessment;
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d) Assessment photographs
(if any);
dd) Previous judicial
assessment conclusions or test or experimental results conducted by other
persons (if any);
e) Other documents related
to the judicial assessment (if any).
g) The judicial assessment
conclusion.
2. Ministers and Heads of
ministerial agencies shall elaborate on the components of the file for each
type of judicial assessment and the archival regime applicable to judicial
assessment files within their respective fields of management.
3. Judicial assessment
organizations conducting judicial assessments shall be responsible for the
preservation and archival of judicial assessment files prepared by judicial
assessors under their management, in accordance with the law on archives.
Judicial assessors shall
be responsible for handing over judicial assessment files to their directly
managing agencies, units or organizations in accordance with the law on
archives.
4. Judicial assessment
files shall be presented upon the request of the ordering parties.
Article 38. Cases of
refusal to conduct judicial assessment and cases in which judicial assessment
is prohibited
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a) The contents of an
order for judicial assessment or a request for judicial assessment are not
within the scope of professional expertise of the person or organization
receiving the order or request for judicial assessment;
b) There is insufficient professional
capacity or a lack of the necessary facilities, equipment or means to conduct
the judicial assessment;
c) The subject matter of
assessment or the relevant documents provided are insufficient or lack
probative value for issuing a judicial assessment conclusion, after a request
for supplementation or clarification has been made to the ordering party or
requesting party but has not been complied with;
d) There is insufficient
time to conduct the judicial assessment;
dd) The independence and
objectivity in conducting the judicial assessment cannot be ensured;
e) Other cases as
prescribed by law.
2. An organization or an
individual is not permitted to conduct a judicial assessment in the following
cases:
a) Procedural law
prohibits such conduct;
b) The organization or
individual is ordered to conduct a re-assessment of the same content of the
matter or case in which he/she/it has previously conducted the judicial
assessment, unless otherwise provided by law;
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d) There are clear grounds
to believe that the organization or individual is not objective or impartial in
conducting the judicial assessment;
dd) Other cases as
prescribed by law.
Article 39. Mutual
legal assistance in judicial assessment
1. A request for a foreign
organization or individual to conduct a judicial assessment may be made only
where the subject matter of assessment is located abroad or where the
professional capacity, facilities, equipment or means of a domestic judicial
assessor or a judicial assessment organization do not meet the requirements of
the judicial assessment.
2. A judicial assessor or
a judicial assessment organization shall receive and conduct a judicial
assessment at the request of a competent foreign procedural-conducting
authority in accordance with the law on mutual legal assistance in criminal
matters and civil matters.
3. The procedures and
costs for providing mutual legal assistance in judicial assessment between Viet
Nam and foreign countries shall comply with the law on mutual legal assistance
in criminal matters and civil matters.
Chapter V
COSTS OF JUDICIAL ASSESSMENT,
REGULATIONS AND POLICIES AND HANDLING OF VIOLATIONS IN JUDICIAL ASSESSMENT
ACTIVITIES
Article 40. Costs of
judicial assessment
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2. A public judicial
assessment organization/agency/unit that is not a public service provider
funded by the state budget shall, when conducting a judicial assessment
pursuant to an order for judicial assessment or a request for judicial
assessment, be responsible for preparing estimates, making payments and
finalizing the costs of judicial assessment from the state budget within its
annual budget estimates in accordance with the law on the state budget.
Where such an
organization/agency/unit conducts a judicial assessment at the request of a
requesting party, that party shall make an advance payment and settle the costs
of judicial assessment into the state budget through such
organization/agency/unit.
3. Where a public judicial
assessment organization that is a public service provider conducts a judicial
assessment pursuant to an order for judicial assessment issued by an ordering
authority, it shall be entitled to prepare estimates, make payments and
finalize the costs of judicial assessment from the state budget within its
annual budget estimates in accordance with the law on the state budget.
Where such an organization
conducts a judicial assessment at the request of a requesting party, it shall
collect, pay and finalize the costs of judicial assessment in accordance with
law.
4. An ordering authority
shall be responsible for preparing estimates and paying the costs of judicial
assessment when ordering organizations or individuals conducting judicial
assessment that are not funded by the state budget.
5. Where a public judicial
assessment organization that is a public service provider or a judicial
assessment office, provides judicial assessment services outside judicial
proceedings in accordance with Clause 2 of Article 16 and Point a Clause 1 of
Article 21 of this Law, it shall be entitled to collect service charges for
judicial assessment in accordance with the law on prices.
6. The Government of
Vietnam shall elaborate on this Article.
Article 41. Benefits
and policies in judicial assessment activities
1. A judicial assessor
receiving a salary from the state budget for the work in a field or
specialization that is hazardous, toxic or difficult to attract participants
shall be entitled to special and preferential support policies; a public
judicial assessment organization may apply appropriate contractual remuneration
to attract highly qualified experts and competent professional organizations
from the non-state sector to participate in judicial assessment activities. The
Government of Vietnam shall elaborate on this clause.
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3. An appointed judicial
assessor, a case-specific judicial assessor, a person assisting a judicial
assessor who is receiving a salary from the state budget, and a person assigned
by a competent regulatory authority to be present and perform duties during the
conduct of a judicial assessment in cases involving autopsy, post-mortem
examination or exhumation shall be paid case-based judicial assessment
remuneration by the organization/agency/unit conducting the judicial assessment
in accordance with regulations of the Prime Minister.
4. A ministry, a
ministerial agency or the People’s Council of a province or city may, based on
its capacity and actual conditions, prescribe additional benefits and policies
to support judicial assessors and to attract experts and competent
organizations to participate in judicial assessment activities.
Article 42. Handling of
violations in judicial assessment activities
1. Any organization or
individual that violates the provisions of this Law or other relevant
provisions of law in the organization, operation or management of judicial
assessment shall be handled in accordance with law.
2. A civil servant, public
employee, officer of the People’s Army, or officer of the People’s Public
Security who, in the course of performing assigned duties, violates regulations
on ordering a judicial assessment, evaluating or using a judicial assessment
conclusion, or receiving or conducting a judicial assessment shall, depending
on the severity of the violation, be subject to disciplinary measures or
criminal liability in accordance with law.
3. A judicial assessor who
does not receive a salary from the state budget, or an organization conducting
judicial assessment in the non-state sector, that violates regulations on
receiving or conducting a judicial assessment or on participating in
proceedings in the capacity of an assessment organization or assessor shall,
depending on the severity of the violation, be subject to administrative
sanctions or criminal liability in accordance with law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 43. Amendments
to clause 1 Article 136 of Criminal Procedure Code No. 101/2015/QH13 amended by
Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, Law No.
99/2025/QH15 and Law No. 103/2025/QH15.
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“1. The cost specified at
point a, the asset valuation cost specified at point b and the cost specified
at point c of Clause 4 of Article 135 of this Code shall be paid by the
authority or person that has issued the order, request or appointment; in the
case where a State legal aid center assigns a defense counsel, such cost shall
be paid by that center. The cost of judicial assessment shall be governed by the
law on judicial assessment.”.
Article 44. Effect
1. This Law comes into
force from May 01, 2026.
2. Law on Judicial
Assessment No. 13/2012/QH13 shall be invalid from the effective date of this
Law, except for the provisions set out in Clauses 1, 2, 3, and 4 of Article 45
of this Law.
Article 45.
Transitional provisions
1. A decision on
appointment of a judicial assessor, a judicial assessor card, and a decision on
recognition of a case-specific judicial assessor or a case-specific judicial
assessment organization issued in accordance with the Law on Judicial
Assessment No. 13/2012/QH13 shall remain valid.
2. Where an application
for appointment, dismissal, issuance, re-issuance or revocation of a judicial
assessor card; recognition of a case-specific judicial assessor or a
case-specific judicial assessment organization; or establishment, registration
of operation, re-issuance of an operation registration certificate,
modification or supplementation of assessment fields, or conversion of the
organizational form of a judicial assessment office has been duly received by a
competent authority prior to the effective date of this Law, such application
shall continue to be processed in accordance with Law on Judicial Assessment
No. 13/2012/QH13.
3. A person having the
competence, under this Law, to appoint or reappoint a judicial assessor, to
issue, re-issue or revoke a judicial assessor card, or to recognize a
case-specific judicial assessor or a case-specific judicial assessment
organization shall also have the competence to dismiss or reappoint such
assessor, to revoke or re-issue such card, or to revoke the recognition of such
assessor or organization, where such appointment, issuance, or recognition has
been made by a competent person in accordance with Law on Judicial Assessment
No. 13/2012/QH13.
4. Where a judicial
assessment has been accepted and commenced prior to the effective date of this
Law, the judicial assessor or judicial assessment organization shall continue
to carry out such assessment and to settle and finalize the assessment cost and
remuneration in accordance with Law on Judicial Assessment No. 13/2012/QH13.
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This Law was passed on
December 05, 2025, by the XVth National Assembly of the Socialist Republic of
Vietnam at its 10th session.
CHAIRPERSON OF THE NATIONAL ASSEMBLY
Tran Thanh Man