Strengthening the Party's leadership in judicial appraisal and property valuation

Standing member of the Secretariat Tran Cam Tu signed and issued Directive 54 of the Politburo on strengthening the Party's leadership over judicial appraisal and asset valuation work.

Standing member of the Secretariat Tran Cam Tu - Photo: dangcongsan.vn

According to the Politburo 's directive, the work of judicial appraisal and asset valuation still reveals some 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 consultations, and of shirking, avoiding, and delaying judicial appraisal and asset valuation activities still occurs; information and inter-sectoral coordination are still limited and ineffective.

Absolutely do not avoid, push, or refuse without a valid reason.

To overcome limitations and weaknesses and create strong changes, the Politburo requires establishing a mechanism to only solicit and request 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 the 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 and suitability with the nature and volume of the specific case.

The Directive clearly states that there must be a mechanism to determine minimum damages in cases where the violation is clear and does not require or cannot be assessed or priced.

The prosecution agency must proactively apply appropriate methods to determine damages, avoid being passive and dependent on appraisal and valuation results, especially in simple and clear cases.

Research and expand the right to self-request appraisal to truly ensure proactive evidence collection and fulfillment of the parties' obligation to prove in civil and administrative proceedings.

In the newly emerging field, the Politburo noted the need to promote the proactive role of organizations, appraisers and valuers in choosing the optimal appraisal method and providing reasonable explanations.

Organizations and appraisers must promptly accept and carry out appraisals and valuations, and absolutely must not avoid, push off, or refuse without justifiable reasons.

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

Innovate the mechanism of accounting, payment of costs, and compensation for appraisal and valuation in the direction of the state budget directly allocating to state agencies and units that conduct appraisal and valuation; 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 of costs, appraisal and valuation fees, and costs of participating in litigation and attending court sessions of appraisers and valuers.

The system of public judicial appraisal organizations in the fields of forensic medicine, forensic psychiatry and criminal techniques needs to be improved, associated with streamlining the apparatus, reducing staff, and overcoming overlapping functions and tasks.

Strictly handle party organizations and party members who lack responsibility in consultation, appraisal and valuation.

The Politburo requested to perfect the title standards, selection mechanism, training, fostering of legal knowledge, professional skills and protection mechanism for appraisers and valuers to work impartially, objectively, fairly and uprightly.

The team of people doing appraisal and valuation work must have strong political will, professional ethics, expertise, professionalism, discipline, integrity, impartiality, and objectivity, meeting the practical requirements of litigation activities and preventing and combating corruption, waste, and negativity.

Directive 54 emphasizes the viewpoint: "Resolutely replace weak, selfish, and degraded people."

In addition, the Politburo suggested applying 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...

The Politburo noted that strengthening inspection, supervision and monitoring of judicial appraisal and asset valuation work is a key and regular task of Party committees, Party organizations, ministries, branches and localities, associated with the responsibility of leaders.

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.

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 monitors and synthesizes the work of judicial appraisal and asset valuation for cases and incidents monitored and directed by the Central Steering Committee on Anti-Corruption, Wastefulness, and Negativity.

THANH CHUNG

Source: https://tuoitre.vn/tang-cuong-su-lanh-dao-cua-dang-trong-giam-dinh-tu-phap-va-dinh-gia-tai-san-20251205213230099.htm