This is the prominent content of Circular 138/2013/TT-BTC signed and issued by the Minister of Finance to provide guidance on certain contents of the Law on Judicial Expertise and Decree 85/2013/ND-CP detailing and guiding the implementation measures for the Law on Judicial Expertise.
According to the regulations in Circular 138/2013/TT-BTC, judicial examiners, case-specific judicial examiners, or individuals assigned to appraise, judicial examination offices, and organizations conducting judicial examination on a case-by-case basis in the financial sector shall implement the appraisal as follows:
Illustrative image (source: internet)
Step 1: Develop an appraisal outline with the following basic contents:
- Determine the relevant professional standards and legal regulations expected to be applied during the appraisal as guided in Article 11 of this Circular.- List of personnel conducting the appraisal, individuals assigned to lead the appraisal, and information on the competency of the individuals conducting the appraisal (if any).- Estimated time to complete the appraisal.- Other conditions as prescribed by law to carry out the appraisal.
In necessary cases, individuals or organizations conducting the appraisal may request the person commissioning the appraisal to survey the subject matter of the appraisal to assist in planning and executing the appraisal, unless otherwise provided by law.
Step 2: Collect information and documents related to the content requested for appraisal.
Step 3: Conduct the appraisal.
Step 4: Report results or provide appraisal conclusions as guided in Article 13 of Circular 138/2013/TT-BTC.
Some notes:
- In case of changes in appraisal personnel, judicial examination offices, or organizations conducting judicial appraisal on a case-by-case basis, the head of the unit assigning the person to conduct the appraisal is responsible for notifying the person commissioning the appraisal in writing.- During the implementation, the person conducting the appraisal must document the process and results of the appraisal in accordance with Article 31 of the Law on Judicial Examination.- Judicial examiners and case-specific judicial examiners, when conducting judicial examination, have the right to use results from additional experiments, tests, or specialized conclusions performed by other individuals or organizations possessing appropriate qualifications and capacity as per regulations in Circular 138/2013/TT-BTC for the purpose of supporting the appraisal.
See more regulations in Circular 138/2013/TT-BTC, effective from December 1, 2013.
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