Amendment of construction forensic expert standards

Regarding the standards of construction forensic experts and case-by-case construction forensic experts, Decree No. 35/2023/ND-CP has amended and supplemented a number of articles of Decree No. 62/2016/ND-CP regulating the conditions for construction forensic expertise and construction specialized testing.

According to Decree No. 35/2023/ND-CP, construction judicial appraisers and case-by-case construction judicial appraisers must meet the standards specified in Clause 1, Article 7 and Clauses 1 and 2, Article 18 of the Law on Judicial Appraisal No. 13/2012/QH13; in which, appropriate professional practice standards are specified as follows:

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Cases of judicial assessment of compliance with legal provisions

For appraisal of compliance with the provisions of law on construction planning, the appraiser must have a certificate of practice in construction planning design according to the provisions of law on construction or have at least 5 years of state management experience in construction planning, suitable to the subject and content of the appraisal.

For appraisal of compliance with legal provisions on construction investment activities, appraisers must meet the conditions for construction activity capacity as prescribed by law on construction to perform one of the following tasks: construction survey, construction design, construction supervision, construction valuation, construction investment project management, construction inspection or have at least 5 years of state management experience in construction activities, suitable for the subject and content of appraisal.

For appraisal of compliance with legal regulations on housing and real estate business, appraisers must have at least 5 years of state management experience in housing and the real estate market, appropriate to the subject and content of the appraisal.

Case of judicial appraisal of construction quality

For construction survey or construction design quality appraisal, the appraiser must have a construction survey or construction design practice certificate according to the provisions of the law on construction, suitable to the subject and content of the appraisal.

For appraisal of construction quality, construction parts; appraisal of causes of construction incidents, causes of damage to construction works, appraisers must meet the conditions for practicing construction inspection according to the provisions of law on construction, in accordance with the subject and content of the appraisal.

In case of appraisal of construction costs, housing and real estate values, the appraiser must have a construction valuation practice certificate according to the provisions of the law on construction or have at least 5 years of state management experience, appropriate to the subject and content of the appraisal.

In addition, Decree No. 35/2023/ND-CP also amends and supplements the conditions of construction judicial appraisal organizations on a case-by-case basis.

Accordingly, the judicial appraisal organization building on a case-by-case basis must satisfy the provisions of Article 19 of the Law on Judicial Appraisal No. 13/2012/QH13, as amended and supplemented in Clause 28, Article 1 of Law No. 56/2020/QH14; in which, the appropriate professional operating conditions are stipulated as follows:

Cases of judicial assessment of compliance with legal provisions

For appraisal of compliance with the provisions of law on construction planning, the appraisal organization must meet the capacity requirements of an organization preparing construction planning designs according to the provisions of law on construction, in accordance with the subject and content of the appraisal; the individual presiding over the appraisal must meet the standards specified in Point a, Clause 1, Article 2 of Decree No. 62/2016/ND-CP.

For appraisal of compliance with legal provisions on construction investment activities, the appraisal organization must meet the conditions for construction operation capacity according to the provisions of the law on construction to perform one of the following tasks: construction survey, construction design, construction investment project management, construction supervision, construction inspection, construction investment cost management, suitable to the subject and content of the appraisal; the individual in charge of the appraisal must meet the standards specified in Point b, Clause 1, Article 2 of Decree No. 62/2016/ND-CP.

Case of judicial appraisal of construction quality

For construction survey or construction design quality appraisal, the appraisal organization must meet the capacity requirements of a construction survey or construction design organization according to the provisions of the law on construction, in accordance with the subject and content of the appraisal.

For appraisal of the quality of construction works, construction components; appraisal of the causes of construction incidents, causes of damage to construction works; appraisal of the quality of construction materials, components, construction products, and construction equipment, the appraisal organization must meet the capacity conditions of a construction inspection organization according to the provisions of the law on construction, in accordance with the subject and content of the appraisal.

The individual in charge of conducting the appraisal of the above-mentioned contents must meet the corresponding standards specified in Clause 2, Article 2 of Decree No. 62/2016/ND-CP.

In case of appraisal of construction costs, housing and real estate values, the individual in charge of the appraisal must meet the capacity requirements of a construction investment cost management consultancy organization according to the provisions of the law on construction, in accordance with the subject and content of the appraisal; the individual in charge of the appraisal must meet the standards specified in Clause 3, Article 2 of Decree No. 62/2016/ND-CP.

According to VNA/Tin Tuc Newspaper

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