Is it necessary to have the commune-level People's Committee present when conducting on-site appraisal in Vietnam?

Is it necessary to have the commune-level People's Committee present when conducting on-site appraisal in Vietnam?

It is known that on-site appraisal is included in civil proceedings, so would you like to ask whether on-site appraisal is necessary in the presence of the Commune People's Committee?

Reply:

Clause 1, Article 101 of the 2015 Civil Procedure Code stipulates:

1. At the request of the involved parties or when it is deemed necessary, the Judges shall carry out on-site inspections/appraisals in the presence of representatives of People’s Committees of communes or Police offices of communes/wards/townships or agencies/organizations where exits the objects which need to be inspected/appraised; the on-site inspections/appraisals must be notified in advance so that the involved parties know and witness such inspections/appraisals.

According to this on-site inspection/appraisal procedure, the presence of:

- Representative of the People’s Committees of communes;

- Police offices of communes/wards/townships;

- Agencies/organizations where exits the objects which need to be inspected/appraised.

Thus, when conducting on-site inspection/appraisal in Vietnam, it is not necessary to have a representative of the commune-level People's Committee present. In each specific case, it can be a representative of the People’s Committees of communes or the Police offices of communes/wards/townships or the Agencies/organizations where exits the objects which need to be inspected/appraised.

Is it necessary to have the commune-level People's Committee present when conducting on-site appraisal in Vietnam? (Image from the Internet)

If the court decides to conduct an on-site appraisal, who shall pay on-site appraisal advance in Vietnam?

In legal proceedings, when the Court decides to review and appraise on-site, who must pay on-site appraisal advance?

Reply:

Clause 2, Article 156 of the 2015 Civil Procedure Code stipulates:

2. In cases where the Courts deem it is necessary and decide to conduct on-site inspection/appraisal, the plaintiffs, the persons requesting for settlement of civil matters and the appellants according to appeallate procedures must pay the on-site inspection/appraisal advance.

According to this regulation, there are 03 subjects who must pay on-site inspection/appraisal advance when the Court decides to consider and appraise on-site:

- Plaintiffs;

- The persons requesting for settlement of civil matters;

- The appellants according to appeallate procedures;

Are on-site appraisal minutes considered evidence if it is not signed and sealed by the commune-level People's Committee in Vietnam?

According to civil proceedings, are on-site appraisal minutes considered evidence if it is not signed and sealed by the commune-level People's Committee?

Reply:

Clause 7, Article 95 of the 2015 Civil Procedure Code stipulates:

7. On-site appraisal minutes shall be regarded as evidences if the appraisal is conducted in accordance with the procedures prescribed by law.

Clauses 1 and 2, Article 101 of the 2015 Civil Procedure Code also stipulate on-site review and appraisal as follows:

1. At the request of the involved parties or when it is deemed necessary, the Judges shall carry out on-site inspections/appraisals in the presence of representatives of People’s Committees of communes or Police offices of communes/wards/townships or agencies/organizations where exits the objects which need to be inspected/appraised; the on-site inspections/appraisals must be notified in advance so that the involved parties know and witness such inspections/appraisals.

2. On-site inspections/appraisals must be recorded in minutes. The minutes must clearly state the inspection/appraisal results, clearly describe the sites, contain the signatures of the persons that conduct the inspections/appraisals and the signatures or fingerprints of the involved parties if they are present, of the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the to be-inspected/appraised objects and others that are invited to participate in the inspections/appraisals. After completing the minutes, the persons that conduct the inspections/appraisals must request the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the objects which need to be inspected/appraised to sign and seal for certification.

According to this regulation in Vienam, after completing the On-site appraisal minutes, the inspector or appraiser must request the representative of the  commune-level People's Committees or the Police offices of communes/wards/townships or agencies/organizations where exist the objects which need to be inspected/appraised sign and seal for certification.

Thus, in addition to the Commune People's Committee, the Commune Police or the agency or organization where exist the objects which need to be inspected/appraised can sign and seal the confirmation and On-site appraisal minutes. Therefore, if the Commune People's Committee does not sign and seal the minutes for certification, but the Commune Police or the agency or organization where exist the objects which need to be inspected/appraised signs and seals the record. This On-site appraisal is still valid and is also considered evidence because this appraisal is conducted in accordance with the procedures prescribed by law in Vietnam.

Best regards!