📋 Tender Overview
The draft Law on Judicial Expertise (amended) being developed has many new regulations compared to the 2012 Law on Judicial Expertise (amended and supplemented in 2018 and 2020), in order to institutionalize the policies and guidelines of the Party and State on improving the quality and efficiency of judicial expertise, meeting the requirements of litigation activities. Improve the institution of judicial expertise to meet the requirements of litigation activities. Illustrative photoStrengthening the effectiveness of state management and the responsibility of litigation-conducting agenciesAccording to Resolution No. 87/2025/UBTVQH15 dated July 10, 2025, adjusting the 2025 Legislative Program, the Law on Judicial Expertise (amended) project will be considered, commented on and approved by the National Assembly at the 10th Session according to simplified order and procedures. The Ministry of Justice is assigned the task of presiding and helping The Government proposed this Law. After receiving opinions from the National Assembly Standing Committee, the National Assemblys Law and Justice Committee and full-time National Assembly delegates, the draft Law is being submitted to the 15th National Assembly at its 10th Session. The Draft Law has institutionalized the policies and guidelines of the Party and State on judicial reform, fighting, preventing and combating corruption, waste and negativity; improve the quality of the team of judicial experts; Strengthen the effectiveness and efficiency of state management and responsibility of litigation-conducting agencies; creating a groundbreaking legal basis for sustainable development of judicial expertise organizations and activities. Compared to the current Law on Judicial Expertise, the draft Law has many notable new regulations to improve the quality of the team of judicial examiners and judicial expertise organizations; stricter and more specific regulations on solicitation, reception, and implementation of appraisal; Responsibilities of state management agencies and litigation-conducting agencies for judicial appraisal work. Adding the task of forensic injury assessment to the Forensic Technical Department. The Draft Law amends and supplements in the direction of the Forensic Technical Department under the Provincial and City Police, in addition to performing forensic examination of corpses according to current regulations, it is allowed to carry out forensic examination of injuries. However, there are also opinions that suggest keeping it as prescribed in the current Law on Judicial Expertise, whereby the Injury forensic assessment is only performed by judicial assessment organizations in the field of forensic medicine within the Health sector, because this is the field of assessment related to human life and health, and is a scientific and deeply specialized field within the Health sector. Regarding this issue, as the agency in charge of drafting, the Ministry of Justice sees that, currently, the Forensic Technology Department is arranged with a team of qualified, specialized and professional forensic experts, and is paid attention to with regulations and policies. outstanding attraction when appointing judicial experts. The addition of this task is appropriate, avoiding wasting human resources in judicial assessment work. Criminal technical departments of the Police of provinces and cities have currently deployed assessment of blood alcohol concentration and biological drugs to support forensic assessment in cases of sexual abuse and intentional injury...; Most of the Chambers have independent headquarters, and a number of more specialized clinics can be arranged to serve judicial expertise. In addition, currently, the infirmary systems of the provincial and city police and prisons all have basic equipment to serve injury assessment such as ultrasound machines, electrocardiogram machines, electroencephalogram machines, electromechanical machines, biochemical testing machines, ear-nose-throat endoscopes, X-ray machines... At the same time, the addition of the task of forensic injury assessment to the Criminal Technology Department also contributes to creating favorable conditions for the agency to request judicial assessment in a case. Number of cases and cases that need to be examined both in terms of injury forensics and autopsy forensics, ensuring good response time in terms of assessment. Expanding the scope of the field of socialization of judicial expertise at the Office of Judicial Expertise The Draft Law has amended and supplemented the scope of the field of socialization of judicial expertise in the direction that in addition to the fields and specialties allowed to establish Offices of Judicial Expertise as currently (finance, banking, construction, antiquities, relics, copyright), the Office of Judicial Expertise will be established in the fields of DNA, documents, digital and electronics, fingerprints and finance. raw. However, the Judicial Expertise Office is not allowed to perform judicial expertise in the fields of DNA, documents, digital and electronic fields, and fingerprints in criminal proceedings, except in cases requested by the person requesting the judicial expertise in special cases. In addition, there are also opinions that suggest no restrictions on the criminal procedure activities of the Judicial Expertise Office to better meet the requirements of procedural activities and the needs of organizations and individuals in current society. today, in accordance with practice and the development trend of the judicial expertise profession. At the same time, expand a number of fields that society is in need of such as environment, information and communication, science and technology, pharmacy, cosmetics, food safety, agriculture, forestry and fisheries, wild animals, endangered, precious and rare... AboutOn this issue, as the lead drafting agency, the Ministry of Justice sees that the regulation expands the scope of the
