Law on Judicial Assessment of Vietnam 2025

 

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.

Article 2. Regulated entities

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.

5. Appointed judicial assessor means a person appointed by a competent regulatory authority to perform judicial assessment.

(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.

3. Independence in the process of conducting judicial assessment and in forming assessment conclusions.

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.

2. The Ministry of Justice shall act as the focal agency assisting the Government in the uniformly performing state management of judicial assessment.

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;

c) The Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective management competence, incorporate into their annual reports submitted to the National Assembly comprehensive contents on the status of ordering and requesting judicial assessment; the appraisal of the implementation of judicial assessment; the use of judicial assessment conclusions; and the projection of demand for judicial assessment; and shall, concurrently therewith, transmit the contents pertaining to judicial assessment to the Ministry of Justice and other relevant ministries and central authorities.

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.

3. To disclose information obtained in the course of conducting judicial assessment in a manner that adversely affects procedural activities.

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

Section 1. appointed judicial assessors

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.

2. Chairpersons of People’s Committees of provinces and central-affiliated cities shall appoint and dismiss 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. 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:

a) Falling into any of the cases prescribed in clause 3 of this Article.

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;

d) A person dismissed as specified in points c and d Clause 4 of this Article may be considered for re-appointment when he or she does not fall under the ineligible cases specified in Clause 3 of this Article;

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;

d) To exercise the rights stipulated in Clause 1, Article 24 of this Law and other rights in accordance with relevant legal provisions.

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;

b) Holding a university degree or higher and having at least five (05) years of professional experience in the field of training.

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.

6. The recognition of a case-specific judicial assessor shall be revoked in the following cases:

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:

a) To participate in an association of judicial assessors in accordance with its charter and association laws;

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

Section 1. PUBLIC JUDICIAL ASSESSMENT ORGANIZATIONS

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;

c) Public judicial assessment organizations under the Ministry of Public Security;

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.

5. The Government of Vietnam shall elaborate on clauses 1 and 2, points a, b and d clause 3 and clause 4 of this Article.

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.

3. Ministers and Heads of ministerial agencies shall elaborate on Clause 1 of this Article in respect of case-specific judicial assessment organizations in fields of expertise or specializations under their management.

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.

5. The Government shall elaborate on the procedures and processes for grant and revocation of recognition of case-specific judicial assessment organizations.

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;

e) Construction;

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:

a) It requests termination of its operation;

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;

d) To collect, pay and settle judicial assessment costs and other expenses in accordance with law;

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

PROCEDURES FOR JUDICIAL ASSESSMENT

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:

a) To issue a written decision on ordering a judicial assessment;

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:

a) To request a judicial assessor or a judicial assessment organization to conduct judicial assessment after having requested the ordering party to order a judicial assessment but such request is not accepted;

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.

Article 24. Rights and obligations of judicial assessors in judicial assessment activities

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;

i) To be considered for exclusion, exemption or reduction of liability in accordance with relevant laws and by competent authorities where the judicial assessment has been conducted in compliance with judicial assessment procedures, processes and professional standards in assessment activities, in an impartial, objective and non-profit manner; in cases of dishonest conclusions or refusal to issue a conclusion without force majeure or objective impediments, criminal liability shall be borne in accordance with the Penal Code;

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;

g) To bear personal responsibility for the judicial assessment conclusion issued;

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;

e) To exercise other rights as prescribed by law.

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

1. The ordering party shall issue an order for judicial assessment in cases where such order is mandatory under law or where the collected evidence and documents have not clarified matters to be proved and a professional conclusion is required for consideration, evaluation, consolidation of evidence, or for deciding subsequent procedural activities.

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;

e) Date of the order and time limit for issuance of the judicial assessment conclusion.

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:

a) Name and address of the organization or full name of the person requested to conduct the assessment;

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;

b) Where the order is issued by a local ordering party in cases where the matter involves multiple provinces or cities, or where the matter is complex or beyond the capacity of local judicial assessment organizations or judicial assessors;

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

1. An application for ordering or requesting a judicial assessment shall be delivered and received either in person or by post, and shall comprise:

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;

e) Signatures of the representatives of both the delivering party and the receiving party;

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.

5. Where the judicial assessment cannot be completed within the prescribed time limit, the judicial assessor or judicial assessment organization shall, within twenty-four (24) hours prior to the expiry of the time limit for provision of the assessment conclusion, submit a written request for extension to the ordering party. The ordering party shall decide the extension; however, such extension shall not exceed one-half of the maximum period applicable to the relevant type of assessment.

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.

Article 33. Judicial Assessment Council

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.

2. Documents and electronic data recording the process of conducting judicial assessment shall specify the condition of the subject matter of assessment; relevant information, documents, and samples; time, location, work contents, progress, methods of conducting the judicial assessment, and results obtained; and shall bear the signature of the judicial assessor and be retained in the judicial assessment file.

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;

h) Time and location of conducting and completing the judicial assessment.

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;

d) Independence and objectivity in conducting the judicial assessment.

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;

c) Documents or electronic data storage media recording the process of conducting the judicial assessment;

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

1. A judicial assessor or a judicial assessment organization may refuse to conduct a judicial assessment in the following cases:

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;

c) The organization or individual has rights or obligations related to the matter or case in accordance with procedural law;

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

1. The costs of judicial assessment shall comprise one or more items of cost as determined in accordance with the law on litigation costs. The payment of costs of judicial assessment, re-assessment and supplementary assessment shall be carried out in accordance with the law on litigation costs and the law on the state budget.

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.

2. The conduct of a judicial assessment by a civil servant, public employee or officer of the People’s Army, or officer of the People’s Public Security shall constitute an official duty. The directly managing agency, unit or organization shall be responsible for ensuring sufficient time and other necessary conditions for the conduct of the judicial assessment.

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.

Amendments to Clause 1 of Article 136:

“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.

5. A judicial assessment office established and registered for operation in accordance with Law on Judicial Assessment No. 13/2012/QH13 shall continue to operate in accordance with this Law.

This Law was passed on December 05, 2025, by the XVth National Assembly of the Socialist Republic of Vietnam at its 10th session.