What are regulations on preparation for expert opinions in construction in Vietnam?

Preparation for expert opinions in construction in Vietnam

Pursuant to Clause 2, Article 10 of the Circular 17/2021/TT-BXD (takes effect from 05/02/2022) stipulating as follows:

- Construction-related judicial expertise organizations and individuals need to set up an outline and estimate of assessment expenses and request an advance payment of assessment to send them to the expertise solicitor or requester. The content of expertise outline at least includes:

+ Grounds for expertise performance: the decision on solicitation or request for expertise; legal regulations, lists of technical regulations, applicable standards and other grounds (if any);

+ Details about the organization or individual performing the expertise;

- Details about the subject and matter of the assessment; the process and method of performing the expertise; laboratory name, list of equipment used (if any); other necessary contents to serve the expertise performance;

+ Time and progress for performance;

+ Estimation of accompanying assessment costs;

- The expertise solicitor, requester shall organize the consideration and approval of the outline and estimate of the assessment cost and advance payment of the assessment expense at the request of the construction-related judicial expertise organization or individual. Where appropriate, the expertise solicitor or requester may hire an organization or individual that fully meets the conditions as prescribed to verify the outline and estimate of expenses as a basis for acceptance. The agreement on performance of expertise between the expertise solicitor, requester and the construction-related judicial expertise organizations or individuals shall be made in the form of contract or in other forms of document as prescribed by law.

Receipt of solicitation and request for expertise

Pursuant to Clause 1, Article 10 of the Circular 17/2021/TT-BXD (takes effect from 05/02/2022) stipulating receipt of solicitation and request for expertise as follows:

- The construction-related judicial expertise organization or individual receives the decision on solicitation or request for expertise; checks the completeness and validity of documents, and subjects of expert opinions (if any) delivered as prescribed at Point b, Clause 1 of this Article;

- The delivery and receipt of documents, subjects of expert opinions shall comply with Article 27 of the Law on judicial expertise. In case the subject of expert opinions cannot be enclosed with the decision on solicitation or request for judicial expertise, the expertise solicitor or requester and construction-related judicial expertise organization or individual shall make a record of handover of the subject of expert opinions at the scene where the case of which the expert opinions are solicited or requested is located according to regulations;

- In case the documents serving the assessment are incomplete or invalid, within 5 working days, the construction-related judicial expertise organization or individual shall send a written request to the expertise solicitor or requester for completion;

- In case of refusal of expert opinions as prescribed in Clause 2, Article 11 and Point b, Clause 1, Article 24 of the Law on Judicial Expertise as amended in Clauses 7 and 14, Article 1 of the Law on amendments to the Law on Judicial Expertise or in case it is not possible to conduct judicial expertise as prescribed in Article 34 of the Law on Judicial Expertise, the judicial expertise organization or individual shall make a written notice of the reason to the expertise solicitor or requester within 05 working days from the date of receipt of the decision on soliciting or requesting expertise.

Performance of construction-related judicial expertise in Vietnam

Pursuant to Clause 3, Article 10 of the Circular 17/2021/TT-BXD (takes effect from 05/02/2022) stipulating performance of construction-related judicial expertise in Vietnam as follows:

- Construction-related expertise organizations and individuals shall provide expert opinions according to the approved outline; expertise conclusions are made according to Article 32 of the Law on Judicial Expertise as amended in Clause 18, Article 1 of the Law on amendments to the Law on judicial expertise and satisfy the expertise solicitation or request;

- In the course of implementation, the construction-related judicial expertise organization or individual must make a document recording the expertise process under Article 31 of the Law on judicial expertise as amended in Clause 1 of this Article. 17 Article 1 of the Law on amendments to the Law on judicial expertise;

- In case it is necessary to supplement documents to provide expert opinions, within 5 working days, the construction-related judicial expertise organization or individual shall send a written request to the expertise solicitor or requester for supplementation. The duration from when the construction-related judicial expertise organization or individual sends a written request until receiving additional documents is not included in the assessment time. In case the documents are not supplemented sufficiently at the request, the construction-related judicial expertise organization or individual has the right to refuse giving expert opinions.

Best regards!