Through the Law on Judicial Expertise (amended)

(Chinhphu.vn) - With 439/443 National Assembly deputies participating in the vote, on the afternoon of December 5, the National Assembly officially passed the Law on Judicial Expertise (amended). The passed law consists of 6 chapters and 45 articles.

Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented a Summary Report on a number of major issues of the draft Law on Judicial Expertise (amended).

Before voting, the National Assembly listened to Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, present a summary report on a number of major issues of the draft Law on Judicial Expertise (amended).

Minister Nguyen Hai Ninh said that regarding the scope of establishment and operation of judicial appraisal offices, some National Assembly deputies agreed with the provisions of the draft Law on expanding the scope of establishment of judicial appraisal offices. In addition, some opinions suggested considering further expansion according to practical needs such as: Information and communication, science and technology, pharmaceuticals, cosmetics, food safety, agriculture, forestry and fisheries, wildlife, precious and rare animals, environment, traffic and serving criminal proceedings, social needs to contribute to reducing pressure on current appraisal agencies and units. In addition, there were opinions suggesting that the Law not stipulate the establishment of judicial appraisal offices but consider assigning the Government to make specific regulations for flexibility.

Regarding this content, Minister of Justice Nguyen Hai Ninh stated that recently, the Party has issued instructions on continuing to improve the mechanism for mobilizing resources to socialize and develop the field of judicial appraisal, amending the Law on Judicial Appraisal in the direction of expanding the scope of establishing judicial appraisal offices in a number of fields and specialized appraisals with great and regular demand, ensuring compliance with practical requirements.

In particular, Directive No. 54-CT/TW dated November 30, 2025 of the Politburo on strengthening the Party's leadership over judicial appraisal work has directed: "Promoting the socialization of a number of appraisal fields to better meet the requirements of litigation activities, especially civil and administrative proceedings; encouraging and creating conditions for the development of non-public judicial appraisal organizations with a roadmap suitable to practical requirements, while at the same time having measures to ensure and strictly control the quality of appraisal".

Therefore, in order to institutionalize the above-mentioned policies and directions of the Party, the draft Law stipulates in the direction of expanding the scope of establishing judicial appraisal offices in a number of fields and specialties, in which the specialized fields of DNA, document, digital and electronic, and fingerprint identification are only implemented for civil and administrative proceedings. Based on this basic principle of the Law, the Government will continue to specify the procedures for establishing, registering, and controlling the quality of operations of judicial appraisal offices.

Although there are some fields and specialized fields of expertise that have requests for expertise (environment, information and communication, science and technology...), there are not really large and frequent requests for expertise, so for now, the scope of establishing judicial expertise offices will not be expanded to these fields and specialized fields.

For the above reasons, the Government proposes to maintain the provisions on expanding the scope of establishment and operation of judicial appraisal offices as in the draft Law; in the fields of DNA, document appraisal, digital and electronic techniques, and fingerprints, judicial appraisal offices can only perform in civil and administrative proceedings, while public appraisal agencies perform in criminal proceedings.

Regarding the judicial appraisal regime and policy, the conclusion of the National Assembly Standing Committee and the opinions of National Assembly deputies agreed on the policy and proposed to continue reviewing and revising the draft Law in the direction of stipulating special and outstanding support regimes and policies for judicial appraisers receiving salaries from the state budget, but only in a number of specialized fields of a dangerous and toxic nature, making it difficult to attract people to work.

Minister of Justice Nguyen Hai Ninh said that, accepting this opinion and at the same time institutionalizing the content in Section 2 and Section 4 of Directive No. 54-CT/TW of the Politburo, the draft Law was revised to clarify that judicial appraisers receiving salaries from the state budget in a number of specialized appraisal fields that are dangerous, toxic, and difficult to attract human resources will enjoy special and outstanding support policies.

Regarding handling violations against individuals and organizations in judicial appraisal activities, the opinion of National Assembly deputies suggested removing Article 42 of the draft Law because the content of this Article has been specifically regulated in Laws such as the Penal Code, Law on Cadres and Civil Servants, Law on Public Employees, Law on People's Public Security, Law on Officers of the Vietnam People's Army, Law on Handling of Administrative Violations...

Minister Nguyen Hai Ninh stated that the draft Law only stipulates principles and sanctions corresponding to violations of the law on judicial appraisal. Depending on the nature and severity of the violation, specific violations in judicial appraisal activities may be subject to civil service responsibility, administrative violations and criminal liability according to the provisions of relevant laws. Therefore, the Government proposes to maintain the provisions of the draft Law.

Hai Lien

Source: https://baochinhphu.vn/thong-qua-luat-giam-dinh-tu-phap-sua-doi-102251205153246422.htm