Judicial appraisal process in the field of labor, people with meritorious services and society in Vietnam

Judicial appraisal process in the field of labor, people with meritorious services and society in Vietnam (Internet image)

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

Judicial appraisal process in the fields of labor, people with meritorious services and society in Vietnam

According to Article 12 of Circular 18/2023/TT-BLDTBXH, the judicial appraisal process in the fields of labor, people with meritorious services, and society is as follows:

(1) Receiving requests for judicial expertise, objects of expertise, and related documents and objects (if any).

- In the event of soliciting judicial expertise, send it to the Ministry of Labor, War Invalids, and Social Affairs.

The order and procedures for receiving requests for judicial expertise comply with the regulations on receiving incoming documents of the Records and Archives Regulations of the Ministry of Labor, War Invalids, and Social Affairs.

After receiving assignment and handling from the Ministry of Labor, War Invalids, and Social Affairs regarding the judicial appraisal case, the Legal Department presides and coordinates with units under the Ministry of Labor, War Invalids, and Social Affairs to advise on selection to submit to the Minister of Labor, War Invalids, and Social Affairs to assign judicial experts, organize case-based judicial assessments, or establish an Expertise Council.

- In case of soliciting judicial expertise, it will be sent to a unit under the Ministry of Labor, War Invalids, and Social Affairs.

Receiving requests for appraisal is carried out according to the unit's order and procedures for receiving incoming documents.

The head of the unit under the Ministry of Labor, War Invalids, and Social Affairs assigns judicial experts and judicial experts according to the case in accordance with the content of the request for assessment.

- In the event that the request for judicial expertise is sent directly to the judicial expert or judicial expert according to the case, the judicial expert or judicial expert according to the case will receive and process it according to the regulations of the Law.

- The direct delivery and receipt of documents and subjects requesting expertise must be recorded in writing according to the provisions of Article 27 of the Law on Judicial Expertise 2012.

(2) Preparing to perform a judicial appraisal.

- Research relevant records, information, documents, and objects (if any) about the judicial appraisal case.

In case additional records and documents related to the content of the appraisal are needed, the person requesting the appraisal is requested to provide additional information and documents.

In case there are grounds to refuse assessment, the refusal of assessment shall be carried out according to the provisions of the Law on Judicial Expertise 2012.

- Research professional standards to perform appraisals.

(3) Carrying out judicial appraisal

Expertise councils, judicial examiners, case-based judicial experts, and case-based judicial expertise organizations carry out expertise as follows:

- Research the subject of inspection, information, and documents and compare them with professional standards to make comments and assessments on the content required to be inspected.

- Develop a draft judicial assessment conclusion.

(4) Judicial appraisal conclusions.

- Based on the results of performing judicial expertise, the Expertise Council, judicial examiners, case-based judicial experts, and case-based judicial expertise organizations conclude that each content requires a specific inspection.

- Expertise conclusions include the contents as prescribed in Article 32 of the Law on Judicial Expertise 2012 (amended in 2020), according to the form specified in Appendix I, Appendix II, and Appendix III issued with Circular 18/2023/TT-BLDTBXH.

Nguyen Ngoc Que Anh

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