Research on the application of science and technology, digital transformation in forensic examination

On the morning of October 1, receiving comments from full-time National Assembly deputies on the draft Law on Judicial Expertise (amended), Minister of Justice Nguyen Hai Ninh said that the contents raised by the National Assembly deputies were very valid and asked to be fully accepted to complete the draft law.

National Assembly delegate of Lang Son province Pham Trong Nghia speaks at the conference. Photo: Pham Kien/VNA

“ The Ministry of Justice is the agency in charge of drafting the Law on Judicial Expertise and the Law on Civil Judgment Enforcement. I think these opinions are very valid, the Ministry of Justice would like to accept and supplement them to complete these two draft laws,” said Minister of Justice Nguyen Hai Ninh.

Speaking at the Conference, National Assembly Delegate of Lang Son Province Pham Trong Nghia said that the draft Law dossier attached to the Government's Submission No. 792/TTr-CP dated September 15, 2025 was carefully prepared, closely following the requirements as prescribed. According to the Government's Submission, one of the viewpoints in drafting the draft Law is to institutionalize the Party's policies and guidelines on administrative procedure reform, application of science and technology, and digital transformation in judicial appraisal activities.

“However, the dossier does not yet have an assessment of the application and promotion of science, technology, innovation and digital transformation. Therefore, it is recommended to consider supplementing it to ensure compliance with the requirements in Clause 2, Article 34 of the Law on Promulgation of Legal Documents as amended and supplemented by Law No. 87/2025,” said delegate Pham Trong Nghia.

Delegate Pham Trong Nghia said that the draft Law amends and supplements the provisions on the authority to appoint and dismiss judicial experts in the direction that ministries and branches appoint and dismiss people working in their ministries and branches. This content is shown in Clause 1, Article 9 of the draft law. Thus, the draft law can understand that criminal technical experts working at the Ministry of National Defense and the Supreme People's Procuracy will be appointed and dismissed by the heads of these agencies, not the Minister of Public Security - the specialized agency in charge of criminal matters; or forensic experts under the management authority of the Ministry of National Defense and the Ministry of Public Security will also be appointed and dismissed by these two ministries, not the Ministry of Health - the specialized agency in charge of health matters.

“Therefore, it is recommended to consider and maintain the authority to appoint forensic experts as in the current Law. Accordingly, it is clearly stipulated that the Minister of Health appoints forensic experts in the field of forensic medicine and forensic psychiatry; the Minister of Public Security appoints criminal technical experts; the Minister and Head of a ministerial-level agency appoints forensic experts working in other fields at central agencies under their management,” said delegate Pham Trong Nghia.

Regarding the standards for case-based forensic experts (Article 11), there are opinions that: Clause 1, Article 8 and Clause 1, Article 11 require that the standards for forensic experts and case-based forensic experts must be Vietnamese citizens.

Delegate Pham Trong Nghia cited: As of June 30, 2023, the country had 7,136 forensic experts and 2,621 forensic experts by case. At the same time, from 2018 to June 30, 2023, the system of forensic experts in various fields had conducted 1,039,699 cases. The report also stated that the team of forensic experts in some fields, especially those in concurrent fields, still lacked legal knowledge and professional skills, so they were still confused and had difficulties in conducting the appraisal.

Although, in the CPTPP Agreement, Vietnam reserves the right to judicial expertise services; accordingly, it does not allow foreign participation in this field. However, the National Assembly member suggested that the drafting agency refer to international experience to consider expanding in some cases the possibility of allowing foreign citizens with good personal background to participate in judicial expertise as judicial experts on a case-by-case basis. This responds to domestic requests, contributing to improving the quality of judicial expertise, especially in disputes involving foreign elements.

Regarding the Office of Judicial Expertise (Article 18), delegate Pham Trong Nghia said: Currently, the Office of Judicial Expertise is authorized to appraise 6 specialized fields, including: Finance, banking, construction, antiques, relics, and copyright. According to the Law Implementation Summary Report, there are currently 2 Judicial Expertise Offices nationwide operating in the financial field. Clauses 2 and 3, Article 18 of the draft Law stipulates the expansion of the scope of the socialized field of judicial expertise, thereby adding 5 more specialized fields, including: DNA appraisal; documents; digital and electronic; fingerprints; resources. The Office of Judicial Expertise is not allowed to conduct appraisals in criminal proceedings for these specialized fields, except in special cases requested by the person requesting the judicial expertise.

“I agree with the provisions of the draft Law on expanding the scope of the field of socialized judicial expertise to institutionalize the Party's policy in Resolution No. 27-NQ/TW on "mobilizing resources to socialize and develop the field of judicial expertise" when public resources are still difficult. At the same time, I suggest considering adding some other fields such as cosmetics and food safety," said delegate Pham Trong Nghia.

Speaking at the conference, Minister of Justice Nguyen Hai Ninh accepted the opinions and contents raised by National Assembly deputies on the regulations of principles related to digital transformation; on the application of science and technology; on the appointment and dismissal of judicial appraisers...

Minister Nguyen Hai Ninh also thanked the National Assembly deputies for raising some difficulties in the practical implementation of the Law on Judicial Expertise. “It is true that in the process of organizing the implementation of the law, the Ministry of Justice finds that there are often difficulties, partly including the issue of asset valuation, but it is not regulated in this law,” said Minister Nguyen Hai Ninh.

Delegate Nguyen Cong Long (Dong Nai National Assembly Delegation) suggested that the drafting agency should continue to review to see whether the provisions of the comprehensively amended Law have promptly resolved practical problems.

Minister Nguyen Hai Ninh said that the drafting agency has reviewed many problematic contents of the current law and has also reviewed all the opinions that the Central Internal Affairs Committee sent to the Ministry of Justice during the process of handling problems and feedback. The drafting committee has reviewed and will absorb them to include the provisions of this revised law.

Source: https://baotintuc.vn/thoi-su/nghien-cuu-ung-dung-khoa-hoc-cong-nghe-chuyen-doi-so-tronggiam-dinh-tu-phap-20251001115753529.htm