Vietnam: Process of preparing for appraisal of the State Bank's solicitation

According to Article 17 of the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam, the preparation of assessment for the case of solicitation of the State Bank for expertise is carried out as follows:

1. Within a maximum of 05 working days from the date of receipt of the written assignment of judicial expertise, the unit assigned to conduct expertise shall:

+ Select and appoint judicial experts and judicial experts according to existing cases to conduct judicial expertise. In case it is necessary to appoint more judicial experts or recognize more judicial experts according to the case, the assigned unit shall select a person who fully meets the criteria specified in Article 5 of this Circular, in accordance with the contents of the request for expertise according to the decision to solicit expertise, compile a dossier as prescribed in Article 6 of this Circular to appoint and recognize according to the provisions of Article 7, Article 9 of this Circular. In case of appointing two or more judicial experts or case-based judicial experts, the unit assigned to conduct expertise must set up a judicial expertise team, specifying the focal point.

+ Coordinate with the expertise solicitor to receive and hand over the dossiers, expertised objects, information, documents, objects and specimens as prescribed in Article 13 of this Circular (if the person soliciting expertise has not attached the decision to solicit expertise).

2. Judicial experts and case-based judicial experts shall study the contents of the case mentioned in the decision to solicit expertise, dossiers, objects of assessment, information, documents, objects, specimens to request the expertise solicitor to provide additional necessary dossiers, objects of expertise, information, documents, objects, and specimens needed for the assessment according to the contents of the expertise request.

3. Judicial experts and case-based judicial experts shall prepare an assessment outline, which must contain at least the following basic contents:

- Identify and collect the professional standards intended to be applied when conducting the inspection;

- Determine the machinery, means, equipment and services to be used, applied when conducting the assessment (if any) and notify the person soliciting the assessment;

- Estimate costs of salary, remuneration for the person performing the assessment, cost of depreciation of machinery, means and equipment, cost of consumables, cost of service use, and other expenses as prescribed by law related to the content and request for expertise and send and notify the person requesting the expertise;

- Determine the method of carrying out the inspection; steps to carry out the assessment; estimated progress and time to complete the assessment;

- Other activities and conditions for conducting assessment.

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

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE