Time limit for judicial appraisal in the field of labor, meritorious people and social affairs in Vietnam

Time limit for judicial appraisal in the field of labor, meritorious people and social affairs in Vietnam (Internet image)

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

1. Field of judicial appraisal of labor, meritorious people, and social affairs in Vietnam

Judicial appraisal in the fields of labor, meritorious people, and social affairs includes the following specific fields:

- Labor, wages.

- Employment.

- Vietnamese workers working abroad under contracts.

- Vocational education (except pedagogy).

- Labor safety and hygiene.

- Meritorious people.

- Social protection.

- Children.

- Prevention and control of social evils.

- Gender equality.

- Social insurance; except for appraisal cases in the field of social insurance and unemployment insurance, which are carried out by the Vietnam Social Security and Social Security of provinces and centrally run cities in accordance with the provisions of Circular 18/2023/TT-BLDTBXH.

2. Time limit for judicial appraisal in the fields of labor, meritorious people, and social affairs in Vietnam

- The maximum time limit is 03 months for cases with appraisal content in 01 field specified above.

- The maximum time limit is 04 months for:

+ Cases with appraisal content in 01 field specified above and are complex in nature or related to many organizations and individuals.

+ Cases with appraisal content in 02 or more fields specified above.

3. Procedures for judicial appraisal in the fields of labor, meritorious people, and social affairs in Vietnam

(1) Receiving requests for judicial appraisal, appraisal subjects, documents, and related objects (if any)

- In case of judicial appraisal requests sent to the Ministry of Labor, War Invalids, and Social Affairs.

The order and procedures for receiving requests for judicial appraisal shall comply with the regulations on receiving incoming documents of the Document and Archive Regulations of the Ministry of Labor, War Invalids, and Social Affairs.

After receiving the assignment and handling of the judicial appraisal case from the Ministry of Labor, War Invalids, and Social Affairs, the Legal Affairs Department shall preside over and coordinate with units under the Ministry of Labor, War Invalids, and Social Affairs to advise on the selection to submit to the Minister of Labor, War Invalids, and Social Affairs to assign judicial appraisers, judicial appraisers on a case-by-case basis, organize judicial appraisal by case or establish an Appraisal Council.

- In case the request for judicial appraisal is sent to a unit under the Ministry of Labor, War Invalids, and Social Affairs.

The receipt of the request for judicial appraisal is carried out according to the order and procedures for receiving incoming documents of the unit.

The head of the unit under the Ministry of Labor, War Invalids, and Social Affairs assigns a judicial appraiser or a judicial appraiser on a case-by-case basis in accordance with the content of the request for judicial appraisal.

- In case the request for judicial appraisal is sent directly to a judicial appraiser or a judicial appraiser for the case, the judicial appraiser or the judicial appraiser for the case shall receive and handle it in accordance with the provisions of law.

- The direct delivery and receipt of the dossier and the subject of the request for judicial appraisal must be recorded in a record in accordance with the provisions of Article 27 of the Law on Judicial Appraisal.

(2) Preparation for judicial appraisal

- Study the dossier, information, documents, and objects (if any) related to the judicial appraisal case.

In case additional records and documents related to the appraisal content are required, the person requesting the appraisal shall provide additional information and documents.

In case there is a basis for refusing the appraisal, the refusal shall be carried out in accordance with the provisions of the Law on Judicial Appraisal.

- Study professional standards to conduct the appraisal.

(3) Conducting judicial appraisal

The appraisal council, judicial appraisers, judicial appraisers on a case-by-case basis, and judicial appraisal organizations on a case-by-case basis shall conduct the appraisal as follows:

- Study the appraisal subject, information, documents and compare them with professional standards to make comments and assessments on the requested appraisal content.

- Draft a judicial appraisal conclusion.

(4) Judicial appraisal conclusion

- Based on the results of the judicial appraisal, the Appraisal Council, judicial appraiser, judicial appraiser on a case-by-case basis, and judicial appraisal organization on a case-by-case basis shall conclude on each specific appraisal request.

- The appraisal conclusion shall include the contents as prescribed in Article 32 of the Law on Judicial Appraisal (amended in 2020), according to the form prescribed in Appendix I, Appendix II, Appendix III issued together with Circular 18/2023/TT-BLDTBXH.

Legal basis: Circular 18/2023/TT-BLDTBXH.

Ho Quoc Tuan

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