Strengthening the Party's leadership over judicial appraisal and property valuation work

Comrade Tran Cam Tu, Politburo member and Standing member of the Secretariat, signed and issued Directive No. 54-CT/TW. (Photo: DUY LINH)

The content of Directive No. 54-CT/TW is as follows:

The work of judicial appraisal and asset valuation in criminal proceedings (abbreviated as asset valuation) has had many positive changes in recent times: Institutions and laws have been gradually improved; the organizational system and team of judicial appraisers, asset valuation, and asset valuation councils at all levels have continued to be consolidated and improved; state management has been innovated, becoming more effective and efficient; the quality of judicial appraisal and asset valuation has been improved, contributing to the accurate and timely resolution of cases and incidents, the recovery of lost assets for the State, the protection of the rights and legitimate interests of the State, organizations and individuals, and active contributions to the fight against corruption, waste, negativity and judicial reform.

However, the work of judicial appraisal and asset valuation still reveals a number of limitations and weaknesses: Some policies and legal regulations are still inadequate; the quality of judicial appraisal and asset valuation has not really met practical requirements; the phenomenon of inaccurate and incomplete solicitation and pushing, avoiding and delaying judicial appraisal and asset valuation activities still occurs; information and inter-sectoral coordination are still limited and ineffective.

To overcome limitations and weaknesses, and create strong changes in judicial appraisal and asset valuation work, the Politburo requires Party committees and organizations at all levels to focus on leading and directing the good implementation of the following key tasks and solutions:

1. Enhance awareness and responsibility of Party committees for judicial appraisal and asset valuation work

Strengthen the dissemination of the Party's guidelines and policies and the State's laws to raise awareness among Party committees, Party organizations, authorities and the whole society about judicial appraisal and asset valuation as an important political task, associated with controlling power in public service performance, preventing and combating corruption, waste, negativity, protecting justice, discipline and social order, contributing to building a socialist rule-of-law state in the new period. Enhance responsibility, promote the leadership and direction of Party committees, Party organizations and relevant individuals, especially the responsibility of heads of agencies and organizations in leading and directing the work of soliciting and implementing judicial appraisal and asset valuation.

2. Innovate operating mechanisms, improve the quality of judicial appraisal and asset valuation

Establish a mechanism for soliciting and requesting appraisal and valuation of assets in the direction of only soliciting and requesting when professional opinions are really needed, absolutely not abusing solicitation and requests, not using appraisal and valuation to replace investigation work, and performing the obligation to prove of the prosecution agency; the content of solicitation and request for appraisal and valuation of assets must be clear and specific, providing complete records, information, documents, specimens, and objects to be appraised; clearly defining the appraisal and valuation period to ensure feasibility, appropriate to the nature and volume of the specific case.

There must be a mechanism to determine the minimum damage in cases where the violation is clear and does not require or cannot be assessed or valued. The prosecution agency must proactively apply appropriate methods to determine the damage, avoiding being passive and depending on the results of assessment and valuation, especially in simple and clear cases. Research and expand the right to request assessment to truly ensure the proactive collection of evidence and the performance of the parties' obligation to prove in civil and administrative proceedings.

Standardize the process of receiving and performing forensic appraisals and asset valuations; for newly emerging fields, it is necessary to promote the proactive role of organizations, appraisers and valuers in choosing the optimal appraisal method and providing reasonable explanations. Organizations, appraisers and valuers must promptly receive and perform appraisals and valuations, absolutely not avoid, push back or refuse without justifiable reasons.

Implement a mechanism for reviewing, evaluating, and using, focusing on the accuracy, independence, and objectivity of judicial appraisal and asset valuation conclusions; ensure the participation of organizations and appraisers in litigation in a substantial and effective manner.

Innovate the mechanism for accounting and payment of costs, appraisal and valuation allowances in the direction that the state budget is directly allocated to state agencies and units that conduct appraisals and valuations; the requesting agency only estimates and pays appraisal and valuation costs when requesting organizations and individuals outside the state sector. Simplify administrative procedures and ensure full and timely payment and payment of appraisal and valuation allowances; and costs of participating in litigation and attending court sessions of appraisers and valuations.

Implement decentralization and delegation of authority in requesting and performing appraisal and valuation, clearly defining authority and responsibility among levels and sectors to overcome the situation of pushing and avoiding; enhance information and two-way coordination between the requesting and requesting agencies and organizations, appraisers and valuers. Promote the application of information technology and digital transformation; conduct pilot research on the application of artificial intelligence (AI) and data technology in appraisal and valuation activities; build and operate an inter-sectoral database on requesting, performing appraisal and valuation, as a basis for reference, information and comparison between competent agencies.

3. Improve and consolidate judicial appraisal and asset valuation organizations

Strengthen and perfect the system of public judicial appraisal organizations in the fields of forensic medicine, forensic psychiatry and criminal techniques, associated with streamlining the apparatus, reducing staff, overcoming overlapping functions and tasks; prioritizing state budget allocation for investment in facilities, upgrading modern, synchronous, focused and key equipment and technical means, and applying science and technology, digital transformation for public judicial appraisal organizations and creating conditions for providing out-of-court appraisal services for assigned fields and specialties.

Mobilize and attract competent professional organizations within and outside the public sector to participate in judicial appraisal activities. Promote the socialization of a number of appraisal fields to better meet the requirements of litigation activities, especially civil and administrative proceedings; encourage and facilitate the development of non-public judicial appraisal organizations with a roadmap appropriate to practical requirements, while at the same time having measures to ensure and strictly control the quality of appraisal; research and supplement tax exemption and reduction policies for non-public organizations performing judicial appraisal.

Ensure human resources and other necessary conditions, while enhancing information, inter-sectoral coordination and improving the operational efficiency of asset valuation councils at all levels.

4. Strengthening the capacity of the team of people working in asset appraisal and valuation

Perfecting the standards for titles, selection mechanisms, training, fostering legal knowledge, professional skills and mechanisms to protect appraisers and valuers to work impartially, objectively, fairly and honestly. Building a team of appraisers and valuers with strong political will, professional ethics, professional expertise, discipline, integrity, impartiality and objectivity, meeting the practical requirements of litigation activities and preventing and combating corruption, waste and negativity. Resolutely replacing those who are weak, selfish and degraded; at the same time, implementing mechanisms to attract and promote good experts, scientists and competent professional staff in and outside the public sector.

Apply special and outstanding support policies for full-time appraisers and part-time appraisers receiving salaries from the state budget in a number of dangerous and toxic fields and specialties that are difficult to attract people to work; have a suitable contract hiring regime to attract good experts and professional organizations with good capacity outside the public sector to participate in appraisal and asset valuation activities. Strengthen domestic and foreign training and development for appraisers; have preferential policies, exemption and reduction of training fees, and training of human resources in specialized appraisal fields that still face many difficulties; promote international cooperation on judicial appraisal in all fields. Honor and reward organizations and individuals with outstanding achievements in performing appraisal and asset valuation tasks.

5. Improve the effectiveness of state management; focus on inspection, supervision and handling of violations.

Strengthen the effectiveness and efficiency of state management, further promote the role and responsibility of focal agencies, general and specialized management agencies for appraisal and valuation work; implement timely information mechanisms, effective inter-sectoral coordination in appraisal and valuation work; build a national database on prices, synchronously connect with the system of statistical data on litigation, execution of judgments, and public asset management.

Strengthen the supervision of the National Assembly, provincial People's Councils and the Vietnam Fatherland Front at all levels over agencies, units and organizations in performing their tasks and powers in judicial appraisal and asset valuation.

Strengthening the inspection, supervision and monitoring of judicial appraisal and asset valuation work, identifying it as a key and regular task of Party committees, Party organizations, ministries, branches and localities in conjunction with the responsibilities of leaders. Timely detecting and handling shortcomings, limitations, difficulties and obstacles to improve the effectiveness of judicial appraisal and asset valuation work. Maintaining regular monitoring and urging the implementation of inspection, examination and supervision conclusions on judicial appraisal and asset valuation work.

There must be a mechanism and strict handling of acts of delay, avoidance, shirking, lack of responsibility, lack of impartiality and objectivity in appraisal and valuation; incorrect requests and requests; failure to fully perform obligations and responsibilities in soliciting, evaluating, and using appraisal and valuation conclusions of assets.

6. Implementation organization

The Central Propaganda and Mass Mobilization Commission directs and orients the strengthening of propaganda, dissemination and implementation of the contents of the Directive.

Provincial Party Committees, municipal Party Committees, Party committees, and Party committees directly under the Central Committee shall organize research, dissemination, and development of programs and plans to implement the Directive within the scope of assigned functions and tasks; regularly lead, direct, inspect, and supervise the implementation; and annually report to the Politburo and the Secretariat on the results of the Directive's implementation.

The Party Committee of the National Assembly and the Party Committee of the Government shall strengthen leadership and direction in perfecting institutions and laws on judicial appraisal and asset valuation; strengthen state management, direct inspection, examination and supervision of the implementation of policies and laws on judicial appraisal and asset valuation.

The Central Public Security Party Committee, the Central Military Commission, the Supreme People's Procuracy Party Committee, and the Supreme People's Court Party Committee shall strengthen leadership and direction of judicial appraisal and asset valuation work according to assigned functions, tasks, and powers; coordinate in building, operating, and exploiting inter-sectoral statistical databases on appraisal and valuation in criminal proceedings in conjunction with crime statistics chaired by the Supreme People's Procuracy, and judicial appraisal statistics in civil and administrative proceedings chaired by the Supreme People's Court; strengthen information and effectively coordinate with ministries and branches managing judicial appraisal and asset valuation.

The Central Organizing Committee and the Government Party Committee provide guidance on criteria for assessing the level of task completion in the organization, operation and management of judicial appraisal and asset valuation associated with the functions and tasks of Party committees, Party organizations, ministries, branches and localities.

The Party Committee of the Fatherland Front, central mass organizations, socio-political organizations, and mass organizations shall step up propaganda work, mobilize cadres, civil servants, organizations, individuals, and members to actively participate in and supervise the implementation of the Directive and policies and laws on judicial appraisal and asset valuation.

The Central Inspection Commission and the inspection commissions of provincial and municipal Party Committees shall conduct inspections and supervisions according to their authority over Party committees and Party organizations at all levels in leading and directing the work of judicial appraisal and asset valuation.

The Central Inspection Commission presides over and coordinates with the Central Internal Affairs Commission and the Party Committee of the Ministry of Justice to inspect and strictly handle party organizations and party members who lack responsibility and violate leadership, direction, conduct consultations, appraisals, valuations, assessments, and use of appraisal conclusions and asset valuations, especially cases and incidents under the supervision and direction of the Central Steering Committee on Anti-Corruption, Wastefulness, and Negativity.

The Central Internal Affairs Committee presides over and coordinates with the Party Committee of the Ministry of Justice to monitor, evaluate, advise, and guide the resolution of problems and difficulties in the implementation of the Directive; monitors and synthesizes the work of judicial appraisal and asset valuation for cases and incidents monitored and directed by the Central Steering Committee on preventing and combating corruption, waste, and negativity.

The Party Committee of the Ministry of Justice shall preside over and coordinate with the Central Commission for Internal Affairs, the Party Committee of the Ministry of Finance and relevant agencies to urge, inspect; periodically review and summarize the implementation of the Directive, and report to the Politburo and the Secretariat.

Source: https://nhandan.vn/tang-cuong-su-lanh-dao-cua-dang-doi-voi-cong-toc-giam-dinh-tu-phap-va-dinh-gia-tai-san-post928344.html