Vietnam: 04 steps to carry out judicial expertise

According to Article 15 of the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam, in case there is a difference between the first assessment conclusion and the re-examination conclusion on the same assessment content, the second re-inspection under the decision soliciting expertise shall be carried out by the Assessment Council of the State Bank. The Banking Inspection and Supervision Agency shall act as the focal point to select members of the Assessment Council and send it to the Department of Personnel and Organization to submit to the Governor of the State Bank for decision on establishment of the Assessment Council according to Appendix 05 issued with this Circular.

Note: The assessment council shall receive dossiers, assessment objects, information, documents, objects and specimens, prepare for assessment, and organize the assessment according to the provisions of Articles 13, 17 and 19, conclude assessment as prescribed in Clauses 2 and 3, Article 21 of this Circular.

Moreover, Article 16 of the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam also stipulates the process of carrying out judicial expertise, including:

1. Prepare for assessment.

2. Organize the implementation of judicial expertise.

3. Judicial expertise conclusions.

4. Make, hand over and keep assessment dossiers.

Besides, according to Article 3 of the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam, judicial expertise in the monetary and banking sectors includes judicial expertise on:

- Paper money, metal money issued by the State Bank;

- Foreign exchange and gold trading activities;

- Banking activities, including: granting credit, receiving deposits and providing payment services through accounts;

- Deposit insurance;

- Other activities related to money and banking fall under the State management function of the State Bank in accordance with the provisions of law.

View more details at the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam, effective from January 01, 2021.

Le Vy

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