📋 Tender Overview
With 439/443 National Assembly delegates voting in favor, on the afternoon of December 5, the National Assembly officially passed the Law on Judicial Expertise (amended). The approved law includes 6 chapters and 45 articles. Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented a report summarizing some major issues of the project Law on Judicial Expertise (amended). Before voting, the National Assembly heard Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, present a report summarizing some major issues of the project Law on Judicial Expertise (amended). Minister Nguyen Hai Ninh said, about the scope of establishment and operation of the Law on Judicial Expertise (amended). Judicial Expertise Office, some National Assembly delegates agreed with the provisions of the draft Law on expanding the scope of establishment of judicial expertise office. In addition, some opinions suggest considering further expansion according to actual needs such as: Information and communication, science and technology, pharmaceuticals, cosmetics, food safety, agriculture, forestry and fisheries, wildlife, precious and rare animals, environment, traffic and serving criminal proceedings and social needs to contribute to reducing the pressure on current inspection agencies and units. In addition, there are opinions that suggest that the Law does not stipulate the establishment of judicial expertise offices, but should consider assigning the Government specific regulations for flexibility. Regarding this content, Minister of Justice Nguyen Hai Ninh stated that in recent times, the Party has issued instructions on continuing to improve the mechanism to mobilize resources to socialize and develop the field of judicial expertise, amending the Law on Judicial Expertise in the direction of expanding the scope of establishing judicial expertise offices in a number of fields. Inspection areas and specialties have great and frequent needs, ensuring compliance with actual requirements. In particular, Directive No. 54-CT/TW dated November 30, 2025 of the Politburo on strengthening the Partys leadership in judicial expertise has directed: Promote the socialization of a number of areas of expertise to well meet the requirements of litigation activities, especially civil and administrative litigation; encourage and create conditions for the development of non-public judicial expertise organizations with a roadmap consistent with actual requirements, and at the same time take measures Therefore, in order to institutionalize the above-mentioned policies and directions of the Party, the draft Law stipulates in the direction of expanding the scope of establishing judicial expertise offices in a number of fields and specialties, in which specialized in DNA, document, digital and electronic expertise, fingerprints can only be performed for civil and administrative proceedings. Based on this basic principle regulation of the Law, the Government will continue to detail the order and procedures for establishing, registering, and controlling the quality of operations of judicial expertise offices. Although some areas and specialized expertise have solicited appraisals (environment, information and communication, science and technology...), there have been solicitations for appraisals, but they are not really large and frequent, so we have not expanded the scope of establishing a private appraisal office in the immediate future. legislation to these fields and specialties. From the above reasons, the Government proposes to maintain the regulations on expanding the scope of establishment and operation of judicial expertise offices as in the draft Law; As for DNA, document appraisal, digital and electronic expertise, and fingerprints, the judicial appraisal office can only perform in civil proceedings and administrative proceedings, public appraisal agencies perform in criminal proceedings. Regarding the regime and policy of judicial appraisal, the conclusions of the National Assembly Standing Committee, the opinions of National Assembly delegates agreed on the policy and suggested continuing to review and revise the draft Law in the direction of stipulating specific support regimes and policies. outstanding for judicial examiners who receive salaries from the state budget, but only in a number of specialized fields that are dangerous and toxic and difficult to attract people to work. Minister of Justice Nguyen Hai Ninh said that, accepting this opinion and at the same time institutionalizing the content in Section 2 and Section 4 of Directive No. 54-CT/TW of the Politburo, the draft Law has been revised in the direction of clarifying that judicial experts who receive salaries from the state budget in a number of specialized areas of expertise that are dangerous, toxic, and difficult to attract human resources are entitled to special and outstanding support policies. Regarding handling of violations against With regard to individuals and organizations in judicial appraisal activities, the opinions of National Assembly delegates suggest removing Article 42 of the draft Law because the content of this Article has been specifically stipulated in Laws such as the Penal Code, Law on Cadres and Civil Servants, Law on Public Employees, Law on Peoples Public Security, Law on Officers of the Vietnam Peoples Army, Law on Handling of Administrative Violations... Minister Nguyen Hai Ninh clearly stated that the draft Law only stipulates principles and sanctions corresponding to the acts. Violations of the law on judicial expertise, depending on the nature and extent of the violation, specific violations in judicial expertise activities may require handling of official duties and handling of violations.administrative liability and criminal liability according to relevant laws. Therefore, the Government proposes to maintain the provisions of the draft Law.Hai Lien
