Police and military officers are not allowed to establish judicial appraisal offices
The Law on Judicial Assessment (amended) stipulates that cadres, civil servants, and public employees of the Army and Police are not allowed to establish a judicial appraisal office.
At the 10th Session, the 15th National Assembly passed the Law on Judicial Assessment (amended). This Law takes effect from May 1, 2026.
According to the Law, the judicial appraisal office is organized and operates in the form of a private enterprise or a joint stock company in accordance with the provisions of the law on enterprises and other relevant legal provisions.
Judicial appraisal offices are established and registered to operate in fields and specialties such as finance, banking, construction, forensic medicine including Andrology, natural resources, etc.
Also according to the Law on Judicial Assessment (amended), the Judicial Assessment Office is not allowed to conduct judicial assessments for the fields of DNA, documents, digital and electronics, traces of fraud in criminal proceedings, except in cases where the person requesting a judicial appraisal is requested in special cases specified in this Law.
The law stipulates that the Head of the Judicial Appraisal Office is the legal representative of the Judicial Appraisal Office, managing and operating the activities of the Judicial Appraisal Office. The head of the judicial appraisal office must be a judicial appraiser.
The judicial appraisal office is established and registered to operate at the Department of Justice of the province or city when meeting the following conditions:
The head of the judicial appraisal office is a judicial appraiser with a working time of appraisal of 03 years or more; has a Project to establish a judicial appraisal office.
The judicial appraisal office has been operating since the date the provincial and municipal Department of Justice approved the Project of establishment and issuance of an activity registration certificate.
In particular, cadres, civil servants, public employees, officers, non-commissioned officers, soldiers, professional soldiers, workers, and public employees in agencies and units under the People's Army; officers, non-commissioned officers, soldiers, and workers in agencies and units under the People's Public Security are not allowed to establish a judicial appraisal office.
The Government shall specify in detail the order and procedures for establishing and registering activities, changing the content of establishing, registering activities, reissuing business registration certificates, temporarily suspending operations, terminating operations, merging and consolidating judicial appraisal offices.
The Law also stipulates that the judicial appraisal office has the following rights: Conducting judicial appraisal according to the provisions of this Law and appraisal services outside of criminal proceedings according to the provisions of law;
Elect judicial appractors to conduct judicial appraisal; sign labor contracts with judicial appractors and other employees working for the organization according to the provisions of law;
Collect, pay, settle for judicial appraisal costs and other costs according to the provisions of law; other rights according to the provisions of law.
The judicial appraisal office is obliged to conduct judicial appraisal according to the principles, order and procedures for judicial appraisal prescribed in this Law;
Comply with the judicial appraisal process, professional standards in appraisal activities, scientific, technical and professional methods and be responsible for the appraisal conclusion; compensate for damages when conducting judicial appraisal according to the provisions of law;
Report to the Department of Justice where the organization is headquartered on the organization and operation every year or in cases of emergency as required; comply with the requirements of competent state agencies on inspection and examination according to the provisions of law.
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