2012/13, Qh13 Law: Judicial Inspection

Original Language Title: Luật 13/2012/QH13: Giám định tư pháp

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law on the judicial inspection.

Chapter I GENERAL PROVISIONS article 1. Scope this law regulates judicial assessor; the judicial authorities; the examiner under the judicial authorities, according to the case; judicial inspection activities; the cost of the judicial inspection mode, the policy of the judicial inspection activities and the responsibility of State authorities with regard to organization, the judicial inspection activities.

Article 2. Explanation of terms In this law, the terms below are interpreted as follows: 1. Inspection of Justice is the judicial examiner uses the knowledge, the means and methods of science, engineering, business to professional conclusions about the issues relevant to the activities of investigation, prosecution , trial and criminal enforcement, the civil, administrative cases by referendum of the agency conducting the proceedings, the person conducting the proceedings or at the request of the person requesting inspection under the provisions of this law.

2. The referendum includes examiners conducting the proceedings, the proceedings are conducted.

3. The person requested is the person who has the right expertise required expertise it yourself after you have recommended the agency conducting the proceedings, the proceedings are conducted on the assessment which was not accepted. People have the right to require inspections including the litigants in the civil case, administrative lawsuits, civil plaintiffs, civil defendants, people have rights, obligations involved in the criminal case or their legal representative, unless the inspection requirements related to the determination of criminal liability of the accused , defendants.

4. Individuals, judicial authorities including judicial appraiser, the examiner under the incident, judicial authorities, judicial authorities in addition to public and judicial authorities following the incident.

5. the judicial examiner include judicial assessor and examiner under the incident.

6. judicial assessor who is eligible for the provisions of paragraph 1 of article 7 of this Law, the competent State bodies appointed to implement the judicial inspection.

7. The judicial inspection work is eligible as defined in paragraph 1 or paragraph 2 to article 18 and article 20 of this law, on demand, require inspections.

8. the judicial authorities following the incident, the Agency is the organization eligible for the provisions of article 19 and article 20 of this law, on demand, require inspections.

Article 3. The principle of judicial inspection implementation 1. Comply with the law, compliance with professional standards.

2. Honest, accurate, objective, impartial, timely.

3. the Only conclusion about professional matters in the requested range.

4. Be responsible before the law about the conclusion.

Article 4. The responsibility of the individual, for the Organization of the judicial inspection activities 1. Personally, the organization is on the bridge, the judicial inspection requirements are responsible for receiving and implementing judicial inspection under the provisions of this law and other provisions of the relevant laws.

2. Individuals, other organizations are responsible for facilitating the implementation of Justice examiner examiner under the provisions of this law and other provisions of the relevant laws.

Article 5. The State's policy with regard to the judicial inspection activities 1. The State investment, the development of the judicial authorities established in the areas of needs assessment of large, often to meet the operational requirements of the proceeding; preferential policies have created favorable conditions for judicial authorities in addition to the established development.

2. the State has a policy of training priorities, fostering professional service for the examiner.

Article 6. The prohibited acts 1. Refuse the judicial inspection conclusions without good reason.

2. Deliberately giving the judicial inspection conclusions untrue.

3. Deliberately prolong the duration of the judicial inspection.

4. Taking advantage of the implementation of the judicial inspection to the shaft.

5. Disclosure of secret information that he knew was when conducting judicial inspection.

6. Solicitation to force the judicial examiner launched judicial inspection conclusions untrue.

7. Interfere, hinder the implementation of the judicial inspection.

Chapter II JUDICIAL ASSESSOR article 7. Assessor appointed by the standards of the judiciary 1. Vietnam citizens resident in Vietnam had enough the following criteria may be considered, appointed assessor of Justice: a) Having health, good moral qualities;

b) Have university qualifications and took over active professional practice in the field are trained from 5 years and over.

The case of the person who recommended the appointment of assessor, forensic psychiatry, forensic criminal technique already directly assisting in the evaluation activity in forensics organization, forensic psychiatry, criminal techniques, the actual operating time sufficient expertise from 3 years or more;

c) for the person who recommended the appointment of a judicial assessor in the field of forensic psychiatry, forensic and criminal techniques have to be trained or certified professional training expertise.

2. Persons belonging to one of the following cases are not appointed assessor of Justice: a) Lost the capacity for civil acts or with limited capacity for civil acts;

b) are being prejudice criminal liability; was convicted but not yet deleted projects area of about crime or criminals less seriously due to deliberate; have been convicted of serious crimes, very serious crime, particularly serious crime by intentionally;

c) apply measures to handle the administration of education in the communes, wards and towns, taken on the basis of compulsory detoxification or taken on the basis of compulsory education.

3. Ministers, heads of ministerial agencies detailing this paragraph 1 with regard to judicial assessor in the field of management jurisdiction after comments with the Minister of Justice.

Article 8. Records suggest appointing judicial staff assessment 1. The text proposed to appoint judicial assessor.

2. A copy of university diploma fit the recommended areas of expertise.

3. Resume and criminal Votes.

4. Confirmation of the actual time the professional activity of the Agency, held where the proposed appointment work.

5. The certificate of training or professional training for examiners who recommended the appointment of a judicial assessor in the field of forensic psychiatry, forensic and criminal techniques.

6. other documents proving the person recommended the appointment of qualified according to the regulations of the Minister, the heads of ministerial-level agencies have the authority to manage the field examiner.

Article 9. Authority, order, the procedure of appointing judicial staff assessment 1. The Minister of Health appointed assessor assessor, forensic psychiatric forensic operations in central agencies.

The Minister of public safety appointed assessor criminal technique works in the central agencies.

Ministers, heads of ministerial agencies appointed assessor of Justice activity in other sectors at the central authority in the scope of management.

Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) appointed assessor in the local judiciary.

2. The Ministry of defence, the Ministry of public security is responsible for the choice of the person who has qualified the provisions in clause 1 of this Law article 7 of the proposal to the Minister of Health appointed assessor in the forensics.

The Ministry of defence is responsible for the choice of the person who has qualified the provisions in clause 1 of article 7 of this Law, The Minister proposed an appointed assessor of criminal technique in his Ministry.

Heads of units in ministries, ministerial agencies assigned active management of the judicial inspection is responsible for selecting the eligible prescribed in clause 1 article 7 of this law, the Minister suggested, ministerial heads appointed assessor in the judicial field inspections under the control of management.

The head of the specialized agencies of the provincial people's Committee of management of the judicial inspection field hosted, in cooperation with the Director of the Department of Justice who have enough selection criteria specified in clause 1 of article 7 of this Law, the profile of the person who proposed the appointment of assessor of the judiciary stipulated in article 8 of this law the Committee Chairman, suggested the people appointed by the provincial assessor in local justice.

Within 20 days from the receipt of a valid profile, Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee appointed assessor of the judiciary. The case refused to inform the proposal in writing and stating the reason.

3. Ministries, ministerial-level agencies, provincial people's Committee is responsible for establishing, posting the list of judicial appraiser on the electronic portal of Ministry, ministerial-level agencies, provincial people's Committee, and send the Ministry of Justice to establish a common list of judicial appraiser.

Article 10. Dismissing the assessor of the judiciary 1. The dismissed case assessor justice: a) are no longer eligible for the provisions of paragraph 1 of article 7 of this Law;

b) In one of the cases specified in clause 2 article 7 of this law;

c) Were disciplined from the form of caution or sanctioned by the Administration knowingly violate the provisions of the law on the judicial inspection;

d) made one of the acts specified in article 6 of this law;

DD) at the suggestion of judicial appraiser is public servants, officers, military officers, police officers, professional military personnel, Defense workers have decided to leave to enjoy retirement mode or retrenchment.

2. The profile recommended dismissing the assessor of Justice include: a) text recommended dismissing the assessor of judicial bodies, the Organization had proposed the appointment of that person;

b) text, proof in a judicial assessor in the case prescribed in clause 1 of this article.

3. The Minister of public security, the Minister of Defense review, suggest the Health Minister dismissed the forensic appraiser management jurisdiction.


The Minister of Defense review, recommend to the Minister of public security dismissed assessor criminal technique management jurisdiction.

Ministers, heads of ministerial agencies dismissed the judicial assessor activity at the Central Agency in the field of management authority as proposed by the heads of units in ministries, ministerial agencies assigned active management of the judicial inspection.

Chairman of the provincial people's Committee dismissed assessor in local justice as proposed by heads of specialized agencies of the people's Committee after head specialized agencies consistent with the opinion of the Director of the Department of Justice.

4. within 10 days of receiving a valid profile, Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee to review the decision, dismissing the judicial assessor and adjust judicial assessor list on the electronic portal of Ministry, ministerial-level agencies The provincial people's Committee, and send the Ministry of Justice to regulate general appraiser list justice.

Article 11. Rights and duties of assessor of Justice 1. Perform inspections under the referendum, required by the referendum, who requested the assessment or as assigned by the Agency to be held referendum, required.

2. Reject the assessment in the case of content should exceed the capacity assessment expertise; the examiner objects, the relevant documents provided not enough or no value to the conclusion; not enough time to carry out inspections or have other legitimate reasons. The examiner rejected the case within a period of 5 working days from the date of receiving the decision or request for referendum examiner must inform the referendum, who require expertise in writing and stating the reason.

3. Join the class professional training expertise, knowledge of the law.

4. Establishment of the Office of the judicial inspection when eligible prescribed in article 15 of this law.

5. establish, join the assessor under the provisions of the law on Assembly.

6. Enjoy mode, the policy under the provisions of this law and other provisions of the relevant laws.

7. The rights and obligations specified in article 23 and paragraph 1 Article 34 of this law.

Chapter III JUDICIAL AUTHORITIES 1 the JUDICIAL AUTHORITIES a PUBLIC article 12. The judicial authorities set up 1. The judicial authorities were competent State agencies established in the field of forensic psychiatry, forensic and criminal techniques.

Where necessary, Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee consideration, decided to establish the competent authority or established the judicial authorities established in various fields after reaching the comments with the Minister of Justice.

2. the judicial authorities about public including forensic: a Forensic Institute in the country), the Ministry of health;

b) forensic Center;

c) military Forensic Institute, the Ministry of Defense;

d) forensics Center in the Institute of Criminal Sciences, Ministry of public security.

3. the judicial authorities of public mental health including: a) the Forensic Institute of mental health;

b) Forensic Psychiatric Center of the Health Ministry.

The required base forensics of mental activity and the actual conditions of the region, region in the country, Minister of health consideration, decided to establish the Forensic Psychiatric Center area after your comments with the Minister of Justice.

4. the judicial authorities the establishment of criminal techniques include: a) Criminal Science Institute under the Ministry of public security;

b technical Rooms) in the criminal police;

c) technical inspection Room in criminal defense.

5. Based on the actual conditions and needs of the local, technical Rooms in the provincial police criminal have the forensic assessor made electronic forensics competition.

6. the judicial authorities a public seal and a separate account under the provisions of the law.

7. The Government detailing the features, mission, organizational structure, the working mode of the judicial authorities set forth in this article.

Article 13. Secure the infrastructure for the judicial authorities set up 1. The judicial authorities of the State-accredited facility, secured funding, equipment, vehicles and other necessary conditions for the implementation of the judicial inspection.

2. Funding the operation of the judicial authorities a public secured from the State budget and other revenues prescribed by law.

3. The Ministry of health regulations on conditions of infrastructure, equipment, means of inspection for the judicial authorities established in the field of forensic medicine, forensic psychiatry.

The Ministry of public security regulations on conditions of infrastructure, equipment, means of inspection for judicial authorities in the field of public criminal techniques.

Section 2 of the JUDICIAL AUTHORITIES in ADDITION to the ESTABLISHED article 14. The Office of the judicial inspection 1. The examiner Office of Justice is the judicial authorities outside the public, was established in the areas of finance, banking, construction, antiques, artifacts, copyrights.

2. The Office of the judicial inspection due 01 the established judicial assessor shall be organized and operated by private enterprise. The Office of the judicial inspection due 2 assessor justice becomes established they shall be organized and operated according to the types of partnerships.

The representative under the law of the judicial inspection Office is the head of the Office. Chief Judge justice must be the assessor of Justice.

Article 15. Conditions established in the Office of the judicial inspection 1. Assessor of Justice established the Office of the judicial inspection when there is enough of the following conditions: a) Has from 5 years and over is judicial assessor in the field proposed the creation of the Office;

b) Has established according to the schemes specified in point d of this Law article 16 item 2.

2. Officers, public servants, army officers, police officers, professional military personnel, employees of national defence not established judicial inspection Office.

Article 16. The license examiner's Office established the judiciary 1. Chairman of the provincial people's Committee headquarters review activities, decided to allow the establishment of the Office of the judicial inspection at the suggestion of the Director of the Department of Justice.

2. the assessor of Justice for permission to establish a judicial inspection Office send allows the establishment to the Justice Department. The records include: a) an application for permission to establish;

b) a copy of the decision to appoint the assessor;

c) draft regulation organizations, activity of the judicial inspection Office;

d) project to establish a judicial inspection Office must clearly state the purpose of the establishment; expected about the name, personnel, location-based; conditions of infrastructure, equipment, means of inspection under the provisions of the Ministerial organs of management, specializing in the field of assessment and planning to implementation.

3. within 30 days from the date of receipt of a valid application, the Director of the Justice Department review, evaluation of application for permission to establish a judicial inspection Office, uniform comments with heads of specialized agencies of provincial people's committees to manage the judicial inspection field , the Chairman of the provincial people's Committee to review the decision.

Within 15 days from the day the Justice Department records, the Chairman of the provincial people's Committee consideration, decided to allow the establishment of judicial inspection Office. Cases not permit must inform, in writing and stating the reason. The complaint is denied, the petitioner according to the provisions of the law.

Article 17. Registered activity of the Office of the judicial inspection 1. Within a period of 1 year from the date the President of the provincial people's Committee decided to allow the establishment of the Office of the judicial inspection, registration in the Justice Department.

After the time limit of 1 year from the date of the people's Committee Chairman granted the province decided to allow the establishment of the Office of the judicial inspection, not active registration then decided to allow the establishment of judicial expertise office expired.

2. the judicial inspection Office send registration records to the Justice Department. The records include: a) registration form;

b) Organization regulation, the operation of the judicial inspection Office;

c) proof is eligible to secure the functioning of the Office of the judicial inspection according to the established scheme specified in point d of this Law article 16 item 2;

d) a copy of the decision to allow the establishment of judicial inspection Office.

3. within 30 days from the date of receipt of a valid application, the Department of Justice, in collaboration with the specialized agencies of the provincial people's Committee of management in the field of judicial inspection check the meet the conditions according to the established scheme specified in point d of this Law article 16 item 2 and the license registration; the case rejected it must inform, in writing and stating the reason, reported the people's Committee Chairman granted the review, the decision revoking the decision to allow established. The complaint is denied, the petitioner according to the provisions of the law.

4. the judicial inspection Office was operated from the date of Registration Certificate is granted.

Chapter IV the EXAMINER UNDER the JUDICIAL AUTHORITIES, ACCORDING to the Article 18. The examiner under the 1. Vietnam citizens residing in Vietnam are eligible for the following can be selected as the judicial inspection under incident: a) Having health, good moral qualities;

b) Have university qualifications and took over active professional practice in the field are trained from 5 years and over.

2. In the case of people who do not have college degrees but have deep knowledge and practical experience of many areas of need assessment can then be chosen as the examiner under the incident.

3. the judicial examiner work made judge according to the referendum, required inspections under the provisions of this law. The examiner under the incident has the right and obligation defined in paragraph 1, 2, 3, 6 and 7 article 11 of this law.

Article 19. Judicial authorities work 1. Judicial authorities work to be eligible for the following:


a) Have legal personality;

b) Have professional activities consistent with the content on demand, require assessment;

c) condition of professional officers, the base material guarantees for the implementation of the judicial inspection.

2. the judicial authorities work made judge according to the referendum, required inspections under the provisions of this law. The head of the organization responsible for receiving and assigning the judicial inspection done.

3. Ministries, ministerial agencies, government agencies, specialized agencies of the provincial people's Committee made only under judicial supervision of the referendum referendum examiner.

Article 20. Establish and publish a list of the examiner under the incident, judicial authorities work 1. The Ministry of construction, Ministry of finance, the Ministry of culture, sports and tourism, the Ministry of information and communications, the Ministry of planning and investment, Ministry of natural resources and environment, Ministry of transport, Ministry of science and technology, the Ministry of agriculture and rural development, the State Bank of Vietnam, the other ministerial agencies, and provincial people's committees are responsible for selecting , established and annually publish a list of the examiner under the incident, judicial authorities work in the field of management jurisdiction to respond to the assessment of the activity.

The enclosed list information on specialized expertise, the experience, the competence of the judicial inspection work of the judicial authorities, according to the incident were posted on the electronic portal of Ministry, ministerial-level agencies, provincial people's Committee, and submitted to the Ministry of Justice established the General list.

2. in special cases, the examiner may requisition referendum personally, the professional organisations do not have qualified in the list of announced to perform the assessment but must clearly state the reason.

At the request of the agency conducting the proceedings, the proceedings are conducted, the Ministry, ministerial-level agencies, specialized agencies of provincial people's committees to manage the field judge is responsible for introducing the individual, the organization is eligible to make inspections in addition to the list was announced.

Chapter V the JUDICIAL INSPECTION ACTIVITIES article 21. Rights, obligations of the referendum of the judicial inspection 1. The examiner has the right to referendum: a) individual referendum, held forth in paragraph 4 of article 2 of this law make inspections;

b) personal requirements, the organization defined in art. 1 of this pay concluded the right content inspection and the deadline requested;

c) requires individuals, organizations have made the interpretation of judicial expertise conclusion.

2. The referendum examiner is obliged: a) the choice of the individual or organization to assess conformity with the nature and requirements of the service the needs assessment;

b) referendum decision writing assessment;

c) provides information and documents relevant to the subject judge at the request of the individual, the organisation made a judicial inspection;

d) advance the costs of the judicial inspection when inspection referendum; timely payment, full cost assessment for individuals, the Organization made the assessment upon the conclusion;

DD) ensure safe for judicial supervision during the implementation of the assessment or when participating in the proceedings as the examiner of Justice.

Article 22. Rights, the obligation of the judicial inspection requirements 1. The person requesting inspection has the right to submit a written request to the agency conducting the proceedings, the proceedings are conducted on the assessment. The case agency conducting the proceedings, the person conducting the proceedings did not accept the request within 7 days notify the requester in writing assessment. Most of time or since the date of the notice of referendum rejection, the examiner has the right to request the required inspection yourself.

2. The person requesting inspection has the right: a) individual requirements, implementation of the judicial inspection charged the conclusion agreed deadlines and according to the requested content;

b) requires individuals, organizations have made the interpretation of judicial expertise conclusion;

c) suggest the Court summoned the judicial examiner had done the assessment involved trial to explain, the presentation of the conclusion;

d) requires the Agency to conduct the proceedings, the proceedings are conducted on the assessment; the additional inspection requirements as specified in paragraph 1 to article 29 of this law.

3. The judicial inspection request is obliged to: a) to provide information and documents relevant to the examination object according to the requirements of the judicial examiner and is responsible for the accuracy of the information, the materials provided by themselves;

b) advance Submission of judicial inspection costs when the assessment requirements; timely payment, full cost assessment for individuals, the Organization made the assessment when the assessment conclusions.

4. The person requesting inspection only made the right to request the examination before the Court decision to take the case to the first instance trial.

Article 23. Rights, the obligation of the judicial examiner when making judicial inspection 1. The examiner has the right to justice: a) the choice of the necessary methods, suitable to conduct the assessment according to the required content expertise;

b) using empirical results, additional tests or concluded by individuals and organizations make to the assessment;

c) concluding independent examiner.

2. the judicial examiner is obliged: a) in compliance with the principles of the judicial inspection implementation;

b) make inspections in accordance with the required content expertise;

c) made and charged to conclude the assessment time required; in case it is necessary to have more time to assess the report in time for the referendum, which requires the examiner to know;

d) Establishment inspection records;

DD) preserved specimens, documents relating to the inspection service;

e) not notified inspection results to others, except with people who have the required expertise, the referendum agreed in writing;

g) personal responsibility about the conclusion by themselves. The case of knowingly giving false assessment conclusions causing damage to individuals, the organizations have to compensation, reimbursement under the provisions of the law.

3. In addition to the rights, the obligations specified in paragraph 1 and paragraph 2 of this article, the examiner has the right to justice, other obligations prescribed by law on the proceedings.

Article 24. Rights, the obligation of the organization is on the bridge, the judicial inspection requirements 1. The organization is on the bridge, the judicial inspection requirements has the right: a) required the referendum, who requested the assessment to provide information and documents necessary for the assessment;

b) refused to assess if there are not enough necessary conditions for performing the assessment;

c) received the advance inspection of Justice when the referendum, demanding judicial supervision; timely payment, the full costs of the judicial inspection when inspection results are paid.

2. The organization is on the bridge, the judicial inspection request is obliged to: a) receiving and assigning specialized abilities fit with the content of the referendum, the examiner asked her organization assess and take responsibility for the person's professional capacity; assigned to the person responsible for coordinating the implementation of the inspection in case of need there are many people who do the assessment;

b) insure the equipment, vehicles and other necessary conditions for the implementation of the assessment;

c) in damages in the case who made his examiners assigned to intentionally wrong assessment conclusions, cause damage to the individual, organization;

d) informs the referendum, demanding the judge in writing within 5 working days from the date of the referendum decision, the examiner and request stating the reason in the case refused to accept the referendum, required inspections.

Article 25. Judicial inspection referendum 1. The referendum the executive decision featured judicial expertise by writing and submitting the enclosed decision the examiner objects and documents, related objects (if any) to the individual, the organization performing inspections.

2. Decide on the assessment must have the following content: a) referendum Inspection Agency Name; they, the name authority referendum examiner;

b) institution name; they, who is on expertise;

c) the name and characteristics of the subject need examination;

d) relevant document Name or submit a comparison sample (if available);

DD) content evaluation;

Day, month, year) referendum and the time limit for paying the conclusion.

3. in case of additional examiners referendum or the examiner, the examiner referendum decision must clearly be soliciting additional examiners or examiners referendum again.

Article 26. Judicial inspection requirement in the civil case, administrative lawsuits, criminal cases 1. The person requesting inspection must send a written request to the examiner, the examiner objects attached to the document, the relevant objects (if applicable) and a copy of proof of themselves as litigants in civil cases, administrative lawsuits, civil plaintiffs, civil defendants, who have the rights the related obligation, in the criminal case or their legal representation to individuals, the Organization made the assessment.

2. The text of the judicial inspection requests must have the following content: a) the name of the organization or person's name, they require evaluation;

b) content requires expertise;

c) the name and characteristics of the object assessment;

d) relevant document Name or submit a comparison sample (if available);

Day, month, year) requires examination and the time limit for paying the conclusion;

e) signature, name, they require expertise.

Article 27. Delivery record, object inspection requirements, referendum 1. The profile object, referendum, require inspections to be delivered, received or sent directly to the individual, the Organization made the assessment through the mail.

2. The delivery, get direct record, object, request inspection referendum must be established thereon. Traffic thereon, must have the following content: a) the time, place, receiving inspection records;

b) Them, the representative of the party and the party get examination object;

c) decided the referendum or writing required expertise; the examiner should object; documentation, related objects;


d) how to preserve the examiner objects, documents, related items upon delivery, the recipient;

DD) object status assessment, documentation, related items upon delivery, the recipient;

e) signed by the representative party and the receiving party to object to the assessment.

3. The sending profile, object referendum, asking judge through the mail must be made in the form of sending the service numbers. Individuals, organizations receive resumes sent by the service numbers is responsible for preserving, when opening the seal is established thereon as specified in paragraph 2 of this Article.

4. for the delivery, forensics object, forensic psychiatrists are human, then the referendum, demanding the responsible examiner presiding, in collaboration with individuals, organizations on management expertise in process inspection subjects perform the assessment.

5. When implementing the assessment is complete, the individual, the organization performing inspections is responsible for leaving the examiner objects to the referendum, required inspection, unless the law otherwise.

The referendum, which requires the examiner responsible for getting back the examiner objects under the provisions of the law.

The delivery, return the examiner objects after the assessment was completed was made according to the provisions in paragraph 2 and paragraph 3 of this article.

Article 28. Personal inspection, collective inspection 1. Individual assessment is the assessment by 1 person made. The collective assessment is the assessment by 2 or more people perform.

2. In the case of personal assessment, the examiner who made the assessment, signed on to a final conclusion and bear the personal responsibility of the conclusions of that assessment.

3. In the case of the collective expertise of a professional field, the same examiner who conducted the assessment, sign a general assessment conclusion and the same responsibility for the conclusions of that assessment; If there are other opinions, the assessor recorded his comments into a final conclusion and take responsibility for it.

Case of collective expertise in many different areas of expertise, each examiner made the assessment in his field of expertise and personal responsibility on the part of the conclusions of that assessment.

Article 29. Additional examiners, examiners back 1. The additional assessment was done in the case of content-inspection conclusions unclear, incomplete or when new issues arise regarding the details of the case, the incident was concluded earlier assessment. The referendum, required additional assessment was done as the first assessment.

2. The assessment was done in the case of the base for that first assessment conclusions incorrect, or in the case prescribed in clause 2 article 30 of this law.

3. The referendum expertise themselves or at the suggestion of the person requesting inspection decided on Examiner. The case of the referendum did not accept the inspection requirements, the examiner must notify the requester in writing assessment and stating the reason.

Article 30. Evaluation Board 1. In case there are differences between first inspections and conclusions the conclusion back to the same content inspection, the second inspection due to the referendum to the executive decision. The second assessment is the assessment made by the Board.

Ministers, heads of ministerial-level agencies in the field of management need examination decided to set up the Council to assess again the second time. Board of examiners composed of at least 3 members are those with high expertise and reputation in the area of needs assessment. Board of examiners operates under collective supervision mechanism provided for in paragraph 3 to article 28 of this law.

2. in special cases, the Rector the Supreme People's Procuratorate, the Chief Justice of the Supreme People's Court decided the assessment after conclusion of the Board of examiners.

Article 31. The text noted the implementation process of the judicial inspection 1. The person who conducted the judicial inspection must be recorded promptly, fully, honestly the whole process and the results of the assessment in writing.

2. Text recorded the process of implementation of the assessment must be saved in the profile assessment.

Article 32. Judicial inspection conclusions 1. Judicial inspection conclusions is reviews, reviews written by the judicial examiner about the examiner objects according to the content of the referendum, required inspections. Judicial inspection conclusions should have the following content: a) They, who made the assessment; implementation expertise;

b) Name the agency conducting the proceedings; they, who conducted the proceedings on inspections; text of referendum or examiner, who requested the assessment;

c) information identifying the examiner objects;

d) text time referendum, requires expertise;

DD) content evaluation;

e) method performs the assessment;

g) conclusion on the subject expertise;

h) time, place made, complete the assessment.

2. In case of a referendum, asking individuals to perform inspections, the signature of the person performing the assessment must be certified under the provisions of the law of proof.

The case of referendum, required implementation expertise, the head of the Organization must sign, seal in a concluding assessment and organization is on demand, ask the responsible examiner concluded.

The case of the Board examination prescribed in clause 1 of article 30 of this Law, the examiner who made the decision to establish the Council must sign, seal in a concluding assessment and responsible legal Council's assessment.

3. where the assessment is done prior to the decision to prosecute criminal cases, in accordance with the procedures prescribed by this Law, the proceeding authority may use the conclusions of that assessment as the judicial inspection conclusions.

Article 33. The records of the judicial inspection 1. Judicial inspection of records by the examiner who made the judiciary establishment included: a) referendum decision, the text requires the assessment and documentation (if any);

b) minutes of delivery, receipt, subject to referendum, requires expertise;

c) text recognition inspection process;

d) A photo inspection (if applicable);

DD) previous assessment conclusions or results of tests, empirical assessment by others made (if any);

e) other documents relevant to the assessment (if any);

g) judicial inspection conclusions.

2. the judicial inspection records must be set up according to the model. The Ministry of public security, the Ministry of health and other ministries, ministerial-level agencies in the scope of its powers, the mission is responsible, in coordination with the Supreme People's Court, the Supreme People's Procuratorate regulation uniform judicial inspection record form.

3. Individuals, organizations make judicial inspection is responsible for preserving, storing his inspection records made pursuant to the law on archives.

4. the judicial inspection records be presented when required by the authority conducting the proceedings, the proceedings are conducted has the authority to resolve criminal, administrative, civil case.

Article 34. The case is made of the judicial inspection 1. People in one of the following cases shall not be made the examiner of the judiciary: a) In one of the cases that the law about the proceedings regulation must refuse to participate in the proceedings or altered;

b) is on expertise back to the same content in the case, the incident has made the assessment, except where the law otherwise.

2. Held in one of the following cases shall not be made the examiner of the judiciary: a) have rights, obligations related to the case, the incident according to the provisions of the law on the proceedings;

b) based on the other clearly to believe that this organization may not be objective, impartial in performing the assessment.

Article 35. The judicial assistance of the judicial inspection 1. The individual requirements, foreign organizations assess only justice being done if the object needs assessment are overseas or professional ability, condition of equipment, means of assessment of individuals, the judicial authorities in the country do not meet the assessment requirements.

2. Individuals, the judicial authorities are responsible for receiving and implementing judicial inspection upon the request of the competent authority conducting the proceedings.

3. The procedures, costs of judicial assistance on judicial expertise between Vietnam and foreign countries according to the provisions of the law on judicial assistance.

Chapter VI JUDICIAL INSPECTION mode, the POLICY of the JUDICIAL INSPECTION ACTIVITIES Article 36. The cost of judicial assessment The examiner, the referendum requires the examiner has the responsibility to pay the costs of the judicial inspection for the individual, the organisation made a judicial inspection under the provisions of the law on the judicial inspection costs.

Article 37. The mode for the judicial examiner and participants of the judicial inspection 1. Assessor of the judiciary, the judicial examiner work, for Justice examiners are paid from the State budget, the State Agency has the authority to charge is present, perform the tasks in the time taken for the examiners autopsy cases , body surgery, unearthed the body then enjoy fostering judicial inspection according to the examiner.

2. In addition to fostering mode of judicial inspection under the provisions of paragraph 1 of this article, the assessor dedicated justice in judicial authorities accredited vocational incentive allowance and other allowances.

3. Government detailing this.

Article 38. The policy with regard to the judicial inspection activities 1. Judicial authorities outside the establishment to enjoy preferential policies according to the regulations of the Government.

2. The judicial inspection, judicial authorities, judicial authorities work to have a positive contribution to the operation of the judicial inspection shall be honored, rewarded according to the provisions of the law on competition, reward.


3. Ministries, ministerial-level agencies, provincial councils based on ability, actual conditions and its regulations, other policy to attract professionals, the Organization has the capacity to join the judicial inspection activities.

Chapter VII LIABILITY of STATE BODIES with REGARD to the ORGANIZATION of the JUDICIAL INSPECTION ACTIVITIES, Article 39. The State administration on judicial expertise 1. The unified government administration on judicial expertise.

2. The Department of Justice helps the Government unified the administration of judicial expertise.

3. The Ministry of health, Ministry of public security, the Ministry of defence, the Ministry of finance, Ministry of construction, Ministry of culture, sports and tourism, the Ministry of natural resources and environment, Ministry of transport, Ministry of science and technology, the Ministry of agriculture and rural development, the State Bank of Vietnam and the other ministerial agencies, implement governance and responsible Government on the organisation judicial inspection activities, in the field of management by themselves; in collaboration with the Ministry of Justice in the administration of judicial expertise.

4. provincial people's Committee in the scope of its powers, duties make the governance of local judicial inspection.

Article 40. The duties and powers of the Ministry of Justice 1. Issued or the competent State agencies issued legal documents about the judicial examiner and guiding the implementation of the text.

Presiding over the building, the Prime Minister's strategy, planning and general development plan of the judicial inspection; in cooperation with ministries, ministerial agencies build strategy, planning and development plans for each judicial inspection field.

2. The opinion in writing regarding the established public judicial authorities established under the authority of the decision, the Ministerial agency manages areas of expertise, the provincial people's Committee; in case of need, recommended, ministerial-level agencies and the provincial people's Committee of review, established the judicial authorities established to meet the requirements of the assessment activity.

3. Build a program fostering legal knowledge for assessor; in cooperation with ministries, ministerial-level agencies in organizing professional training, professional and legal knowledge for judicial assessor.

4. Gather, prepare and post a public list about individuals, the judicial authorities on the electronic portal of the Ministry of Justice.

5. Urge the implementation of State management duties of the judicial inspection of the Ministry, ministerial-level agencies and the provincial people's Committee; ask ministries, ministerial-level agencies and the provincial people's Committee report on inspection activities, organization of the judiciary; Government report on the Organization, the judicial inspection activities within the country.

6. Host or recommended, ministerial-level agencies, provincial people's Committee concerned the test organization, the organizational Ombudsman, the judicial inspection activities.

7. Perform the State management of the international cooperation on judicial supervision.

Article 41. The duties and powers of the ministerial bodies, professional management of the judicial inspection field 1. Issued or the State Agency has the authority to enact legal texts on judicial expertise in the field of inspections under the authority to manage and guide the implementation of the text.

2. Enactment of the judicial inspection standards or guidelines to apply professional standards for judicial inspection activities as required and specific areas of expertise in the management authority.

3. Hosted, in cooperation with the Ministry of Justice in deciding to establish, consolidate, perfecting the judicial authorities competent in public management under the provisions of this law.

4. appointment, dismissal of judicial appraiser by the authority; establish and publish a list of the examiner under the incident, judicial authorities according to the provisions in clause 1 of article 20 of this Law.

5. Secure the funding, equipment, vehicles and other necessary material condition for judicial authorities in the public authority to meet the requirements of management tasks.

6. Annually, reviews the quality operation of the judicial authorities, the judicial authorities following the incident, Justice Department examiners in the field under the control of management.

7. Prescribing conditions on infrastructure, equipment, means of judicial inspection offices in areas under the control of management.

8. The construction and implementation of programs, plans examiner professional training of the judiciary, legal knowledge for judicial assessor in areas under the control of management.

9. test, inspection and complaints, accusations about the Organization, the judicial inspection activities in areas under the control of management; in collaboration with the Ministry of Justice in the work of inspection, the inspector about the Organization, the judicial inspection activities as defined in paragraph 6 to article 40 of this law.

10. Make international cooperation on judicial expertise in the field of management jurisdiction.

11. Every year, the summation about the Organization, the judicial inspection activities in the field of management jurisdiction and submit a report on the Ministry of Justice to report to the Government.

Article 42. The duties and powers of the Ministry of health, Ministry of public security, the Ministry of defence in addition to the duties and powers prescribed in article 41 of this law, the Ministry of health, Ministry of public security, the Ministry of defence has the task, the following rights: 1. The Ministry of health is responsible, powers: a) state management in the field of forensics , forensic psychiatry;

b) issued the professional standards in the field of forensics, forensic psychiatry;

c) Specifies standard forensic appraiser, assessor forensic psychiatry;

d) refresher training and professional certification forensics, forensics Psychiatry under the provisions in point c paragraph 1 article 7 of this law.

2. The Ministry of public security have the task and powers: a) state management in the field of forensic criminal techniques;

b) issued the professional standards in the field of forensic criminal techniques;

c) Specifies standard assessor criminal techniques;

d) refresher training and professional certification examination criminal techniques prescribed in point c paragraph 1 article 7 of this law;

DD) make annual statistic about the referendum, reviews the implementation of the assessment and use of judicial expertise conclusion in the system of investigation management authority;

e) guide the investigation agency under the authority of management applies the provisions of the law on referendum and assessment reviews, use the judicial inspection conclusions;

g) secured funding, a guide to pay costs of judicial expertise in the system of investigation management authority;

h) annually, review and submit a report on the Ministry of Justice on the State referendum, reviews the implementation of the assessment and use of judicial expertise conclusion of the investigating agency system under the control of management.

3. The Ministry of defence had a duty, the powers defined in the point e f, g and h clause 2 of this Thing.

43 things. The duties and powers of provincial people Committee 1. The provincial people's Committee has the following duties and powers: a) established the judicial authorities; the decision to allow the establishment of judicial inspection Office; establish and publish a list of the judicial authorities, judicial authorities according to local incidents;

b) appointing, dismissing the assessor under the judicial authority; establish and publish a list of Examiners in local justice;

c) secured funding, facilities, infrastructure and other necessary conditions for judicial authorities in local public;

d) fostering professional organizations, professional and legal knowledge for examiners in local judicial officer;

DD) annually, reviews about the Organization, the quality of the judicial inspection activities locally; ensure the number, the quality of the contingent of judicial appraiser, the examiner under the incident, respond promptly, the required quality of Examiners in local litigation activities;

e) testing, inspection and complaints, accusations of judicial inspection by the authority; in collaboration with the Ministry of Justice in the work of inspection, the inspector about the Organization, the judicial inspection activities as defined in paragraph 6 to article 40 of this law;

g) Department of Justice report on the Organization of the judicial inspection activities, in local, at the same time submit the Ministerial agencies concerned to implement state management duties prescribed in articles 40, 41 and 42 of this law.

2. The Department of Justice has a responsibility to help the provincial people's Committee to manage state on the local judicial supervision; hosted, in cooperation with specialized agencies to help the provincial people's Committee to manage the operation of the judicial inspection Office.

Specialized agencies of the people's Committee of the provincial people's Committee to help the same level of State management in the field of expertise of specialized justice, responsible to the provincial people's Committee on the Organization of the judicial inspection activities, in the field of management; in collaboration with the Department of Justice helps the people's committees at the same levels in the governance of the local judicial supervision.

Article 44. The responsibility of the Supreme People's Court, the Supreme People's Procuracy 1. Guide to application of the provisions of the law on referendum and reviews, using the conclusions of the judicial inspection authority system in the people's Court, people's Procuratorate.

2. Prepare statistics on the referendum, reviews the implementation of the assessment and use of judicial expertise conclusion of the system of people's Court Agency, the people's Procuratorate and the congressional report in annual work report.

3. In coordination with the Ministry of Justice in implementing statistical mode, reporting on the referendum, reviews the implementation of the assessment and the use of the judicial inspection conclusions.

4. Secure the funding, payment instructions of the judicial inspection authority system in the people's Court, people's Procuratorate.

Chapter VIII TERMS of ENFORCEMENT of Article 45. Effect 1. This Act has effect from January 1, 2013.

2. the judicial inspection Ordinance No. 24/2004/PL-UBTVQH11 expire from the date this law takes effect.


3. From the day this law is in effect, the enforcement of the provisions of the code of criminal procedure, the code of civil procedure, the law on administrative proceedings on the judicial inspection with content other than this law shall apply to the provisions of this law.

Article 46. Detailing and guiding the implementation of the Government, the Supreme People's Court, the Supreme People's Procuratorate regulation details, guide the implementation of the articles, be delivered in terms of law.

This law was the National Assembly of the Socialist Republic of Vietnam third session XIII, courses through 20 June 2012./.