Police and Army officers are not allowed to establish judicial appraisal offices

ANH HUY |

The Law on Judicial Appraisal (amended) stipulates that cadres, civil servants, and public employees of the Army and Police are not allowed to establish judicial appraisal offices.

At the 10th Session, the 15th National Assembly passed the Law on Judicial Appraisal (amended). This law takes effect from May 1, 2026.

According to the Law, the forensic examination office is organized and operates in the form of a private enterprise, a partnership company in accordance with the law on enterprises and other relevant provisions of law.

The forensic examination office is established and registered to operate in fields and specialties such as finance, banking, construction, forensic medicine including DNA specialty, resource field...

Also according to the Law on Judicial Appraisal (amended), Judicial Appraisal Offices are not allowed to conduct judicial appraisals for DNA, documents, digital and electronic industries, traces in criminal proceedings, except in cases where they are requested by the person requesting judicial appraisal in special cases prescribed by this Law.

The law stipulates that the Head of the Judicial Appraisal Office is the legal representative of the Judicial Appraisal Office, performing the management and administration of the activities of the Judicial Appraisal Office. The Head of the Judicial Appraisal Office must be a judicial appraiser.

Judicial appraisal offices are established and registered for operation at the Department of Justice of provinces and cities when they meet the following conditions:

The head of the judicial appraisal office is a judicial appraiser with an appraisal period of 03 years or more; there is a Project to establish a judicial appraisal office.

The judicial appraisal office is allowed to operate from the date the Provincial and City Departments of Justice approve the Establishment Project and issue an operating registration certificate.

In particular, cadres, civil servants, public employees, officers, lower officers, soldiers, professional soldiers, workers, public employees in agencies and units under the People's Army; officers, lower officers, soldiers, workers in agencies and units under the People's Police are not allowed to establish judicial appraisal offices.

The Government details the order and procedures for establishment and registration of operations, changes in the content of establishment and registration of operations, re-issuance of operating registration certificates, temporary suspension of operations, termination of operations, merger and acquisition of judicial appraisal offices.

The Law also stipulates that judicial appraisal offices have rights such as: Performing judicial appraisal according to the provisions of this Law and non-judicial prosecution appraisal services according to the provisions of law;

Appointing judicial assessors to perform judicial appraisal; signing labor contracts with judicial assessors and other employees working for organizations in accordance with the law;

Collect, pay, and finalize judicial appraisal costs and other costs according to the provisions of law; other rights according to the provisions of law.

The judicial appraisal office has the obligations to perform judicial appraisal according to the principles, order, and procedures of judicial appraisal specified in this Law;

Comply with the process of judicial appraisal, professional standards in appraisal activities, scientific, technical, professional methods and be responsible for appraisal conclusions; compensate for damages when performing judicial appraisal in accordance with the law;

Report to the Department of Justice where the organization has its headquarters on annual organization and operation or in case of emergency upon request; comply with the requirements of competent state agencies on inspection and examination in accordance with the law.

ANH HUY
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