Request for judicial examination in civil cases and criminal cases

ANH HUY |

In case the appraisal request dossier is being held by a competent authority, the appraisal requester has the right to request handover to the judicial appraiser.

From May 2026, the 2025 Law on Judicial Examination was passed by the National Assembly and takes effect.

The law stipulates the person performing forensic examination (GĐTP), GĐTP organization; GĐTP order and procedures; GĐTP costs; regimes and policies in GĐTP activities; state management of GĐTP.

At the same time, regulations on the responsibilities of procedural agencies, organizations, and individuals related to GĐTP activities.

The 2025 Law on Judicial Examination also stipulates the requirements for judicial examination in civil cases, administrative cases, and criminal cases.

Accordingly, the person requesting the appraisal must send a written request for appraisal to the appraiser, the judicial appraisal organization, along with the appraisal request dossier and a copy of the document proving that they are the person requesting the judicial appraisal as prescribed.

In case the appraisal request dossier is being held by a competent authority, the appraisal requester has the right to request the competent authority to hand over it to the judicial appraiser or judicial appraisal organization for appraisal.

Regarding documents requesting forensic examination, there must be contents such as the name, organization address or full name of the person requesting forensic examination; content requesting forensic examination.

Name and characteristics of the appraisal subject; names of relevant documents or attached comparison forms (if any); date, month, year of appraisal request and deadline for returning appraisal conclusions; and signature, full name of the appraisal requester.

Regarding the time limit for forensic examination for cases where forensic examination is mandatory, it is carried out in accordance with the provisions of the law on criminal procedure.

The time limit for forensic examination for cases not covered by the above regulations is a maximum of 2 months; in cases where the examination case is complex or the workload is large, the maximum examination time is 3 months.

In case the appraisal case is of a particularly complex nature or the workload is particularly large, the maximum appraisal period is 4 months.

Ministries and ministerial-level agencies managing expertise in the field of forensic examination, based on the professional nature of the forensic examination field, the maximum forensic examination period specified in this clause to stipulate the forensic examination period for each specific type of work.

ANH HUY
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