Vietnam: What documents does a judicial assessment dossier include?

Specifically, according to Article 22 of the Circular No. 14/2020/TT-NHNN of the State Bank of Vietnam, judicial assessors, case-based judicial assessors, focal points of judicial expertise teams, Chairman of the Expertise Council shall make expertise dossiers, including the following documents:

- Decision to solicit expertise, Decision to solicit additional expertise (if any), Decision to solicit re-expertise (if any) and attached dossiers, assessment objects, information, documents, objects and specimens;

- The State Bank's document on the assignment of judicial expertise;

- The document of the unit assigned to conduct judicial expertise on the appointment of judicial experts or case-based judicial experts to conduct expertise;

- Minutes of delivery, receipt, unsealing of dossiers, objects of assessment, information, documents, objects and samples;

- Assessment outline;

- Dossiers, documents and vouchers related to the rental of machinery, means, equipment and services in service of judicial expertise (if any);

- Documents recording the assessment process;

- Decision on establishment of the assessment council for the second re-examination (if any);

- Inspection photo (if any);

- Assessment conclusion, additional assessment conclusion (if any), re-examination conclusion (if any);

- Other documents related to the inspection (if any).

Besides, the handover of inspection dossiers is carried out as follows:

- Judicial expertise dossiers of judicial expertisers, ad hoc judicial experts shall be handed over to units having judicial expertisers or ad hoc judicial experts to conduct expertise.

- The judicial expertise dossiers of the Judicial Assessment Team shall be handed over to the unit whose members are assigned to act as the focal point of the Judicial Assessment Team.

- Judicial assessment dossiers of the assessment council shall be handed over to the unit whose member is the council's chairman.

Note: Units under the State Bank that receive the handover of judicial expertise dossiers are responsible for preserving and archiving them in accordance with the law on archives and regulations of the State Bank.

In addition, the exploitation and use of judicial expertise dossiers shall be carried out as follows:

- The unit under the State Bank that receives the judicial expertise file handover shall have to present the judicial expertise dossier at the request of a competent procedure-conducting agency;

- Judicial expertise experts and case-based judicial experts may exploit and use judicial expertise files to serve procedural activities at the request of procedure-conducting agencies.

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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