Instructions on coordinating the implementation of requisition expert examinations and valuation procedures in Vietnam

Instructions on coordinating the implementation of requisition expert examinations and valuation procedures in Vietnam
Trần Thanh Rin

What are the instructions on coordinating the implementation of requisition expert examinations and valuation procedures carried out by those assigned to carry out certain activities of investigation in Vietnam? – Trong Hieu (Ninh Thuan)

Instructions on coordinating the implementation of requisition expert examinations and valuation procedures in Vietnam
Instructions on coordinating the implementation of requisition expert examinations and valuation procedures in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On January 31, 2024, the Ministry of Public Security - Supreme People's Procuracy issued Instruction 02/HDLN-BCA-VKSNDTC on coordinating the implementation of requisition expert examinations and the valuation of agencies assigned to conduct investigative activities of the People's Public Security

Instructions on coordinating the implementation of requisition expert examinations and valuation procedures in Vietnam

In order to promptly remove difficulties and obstacles in implementing requisition expert examinations and valuation procedures by agencies assigned to conduct a number of investigative activities of the People's Public Security and inter-sectoral agencies of the Ministry of Public Security, the Supreme People's Procuracy agreed to guide the coordination in implementing requisition expert examinations and valuation procedures of these agencies as follows:

- When falling into one of the cases specified in Article 205 or Article 215 of the Criminal Procedure Code 2015 (amended in 2021), the agency entrusted with the task of conducting certain investigation activities of the People's Public Security is currently handling and resolving reports and information related to criminal offenses with a written request from the investigation agency of the same level to conduct requisition expert examinations and valuations as a basis for addressing the reports and information related to criminal offenses.

For prisons under the management of the Ministry of Public Security, the written request for requisition expert examinations and valuations shall be sent to the Public Security Investigation Agency of the district Public Security where the crime occurred.

- When the investigation agency of the People's Public Security receives a written request from the agency assigned to conduct a number of investigation activities, it is responsible for examining grounds, documents, objects, samples, etc. and processing them as follows:

+ In case the conditions are met to issue a Decision to solicit expertise and a document requesting asset valuation, the person competent to conduct proceedings for the Investigation Agency shall sign and issue a Decision to requisition expert examinations and valuations.

+ In case the conditions are not met to issue a Decision to requisition expert examinations and valuations, the Investigation Agency shall discuss and request the Agency assigned to conduct a number of investigation activities to provide information and documents.

+ In case the Investigation Agency finds it unnecessary to conduct requisition expert examinations or valuations, it shall notify in writing the Agency assigned to conduct a number of investigation activities and the Procuracy at the same level.

- Regarding procedures for sending appraisal agencies and valuation agencies: the investigation agency is responsible for sending the Decision on requisition expert examinations, documents, and objects of requisition expert examinations to the organization or individual performing the appraisal; sending a written request for asset valuation, documents, and the subject of the request for asset valuation to the requested Asset Valuation Council.

- After receiving the appraisal conclusion and asset valuation conclusion, the investigation agency is responsible for notifying and transferring it to the agency assigned to conduct a number of investigation activities to handle denunciations and crime reports.

Regarding sending the written request and deciding on requisition expert examinations and valuation; the conclusion of appraisal and valuation of assets between agencies will be carried out as follows:

- Within 24 hours from the issuance of the document requesting the Investigation Agency to issue a Decision to requisition expert examinations and valuations, the agency assigned to conduct a number of investigative activities of the People's Public Security must send it to the Procuracy at the same level as the proposed investigation agency.

- Within 24 hours of the decision to requisition expert examinations and valuations, the investigating agency must send that decision and request to the Procuracy at the same level, and the agency assigned to conduct a number of investigative activities has made a written request.

- Within 24 hours of receiving the appraisal conclusion and asset valuation conclusion, the investigating agency must notify in writing and transfer that conclusion to the Procuracy at the same level, and the agency assigned to conduct a number of investigative activities has made a written request.

More details can be found in Instruction 02/HDLN-BCA-VKSNDTC, dated January 31, 2024.

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