Chương III Thông tư 23/2022/TT-BLĐTBXH giám định tư pháp theo vụ việc lĩnh vực bảo hiểm xã hội: Quy trình giám định tư pháp lĩnh vực bảo hiểm xã hội, bảo hiểm thất nghiệp

Chapter III

JUDICIAL ASSESSMENT PROCEDURES IN SOCIAL INSURANCE AND UNEMPLOYMENT INSURANCE

Article 9. Procedures for performing case-specific judicial assessment

Procedure for performing case-specific judicial assessment in social insurance and unemployment insurance includes the following basic contents:

1. Receiving judicial assessment solicitation.

2. Preparing judicial assessment.

3. Performing judicial assessment.

4. Making judicial assessment conclusions.

5. Making, transferring and storing dossiers on judicial assessment.

Article 10. Receipt of case-specific judicial assessment solicitation

1. Focal points shall be responsible for receiving decisions on assessment solicitation, decisions on additional assessment solicitation and decisions on re-assessment solicitation of solicitants soliciting ad hoc assessment agencies and institutions and assessing units.

2. Within 03 working days from the day on which decisions on assessment solicitation, decisions on additional assessment solicitation and decisions on re-assessment solicitation of solicitants enclosed with applications for assessment solicitation and assessment subjects, information, documents and objects (if any), focal points are responsible for: 

a) making records of receipt and transfer and breaking seals of applications for assessment solicitation and assessment subjects, information, documents and objects (if any) as prescribed in Article 11 of this Circular;

b) inspecting and reviewing contents of solicit assessment to ensure they are within scope of judicial assessment prescribed in Article 3 of this Circular;

c) comparing the above-mentioned applications and subjects, information, documents and objects (if any) with the applications for assessment solicitation and assessment subjects, information, documents and objects specified in the decisions on solicit assessment and reviewing forms of above-mentioned applications for assessment solicitation, assessment subjects, information, documents and objects as prescribed in correspondence and archive work (certified photocopies as prescribed, etc.);

d) proposing to Heads of agencies or requesting case-specific judicial assessment institutions issuance of written refusals to carry out assessment and send them to solicitants if contents of solicit assessment beyond scope of judicial assessment  prescribed in Article 3 of this Circular and according to regulations in Point b Clause 1 Article 24 of the Law on Judicial Assessment.

If contents of assessment solicitation are under the scope of judicial assessment prescribed in Article 3 of this Article, focal points shall appeal to Heads of agencies to assign specialized units or case-specific judicial assessment institutions to carry out assessment according to decisions of assessment solicitation, decisions on additional assessment solicitation and decisions on re-assessment solicitation.

3. If a competent procedural authority or person directly solicits an individual to perform case-specific judicial assessment, the individual who receives a decision on assessment solicitation shall transfer a copy of the decision to a focal point for monitoring and consolidation; and report the supervisory unit to arrange time and enable the individual to carry out assessment; allow procedures for receipt as prescribed in Clause 2 of this Article.

Article 11. Transferring, receiving and breaking seals of applications for assessment solicitation and assessment subjects, information, documents and objects (if any)

1. If assessment subjects, information, documents and objects (if any) are directly received, receivers shall make records using the Form prescribed in Appendix I enclosed herewith.

2. If applications for assessment solicitation and assessment subjects, information, documents and objects are received by post, receivers shall check codes of postal parcels and preserve them. When seals are broken, records using the form in Appendix II enclosed herewith must be made.

Article 12. Preparing judicial assessment

1. Within 05 working days from the date on which decisions on assessment solicitation are received, specialized units of Vietnam Social Security, ad hoc assessment institutions assigned to carry out assessment shall carry out the following tasks:

a) Select and appoint a judicial assessor named in the list of case-specific judicial assessors acknowledged by Vietnam Social Security for performing judicial assessment. 

If necessary, judicial assessors outside of the acknowledged list may be selected but they must fully satisfy standards as prescribed in Clause 1 Article 6 hereof for assessment.

If 02 or more than 02 case-specific judicial assessors are appointed, which unit assigned to carry out assessment must assign persons in charge of focal points to regulate the performance of judicial assessment.

b) Cooperate with solicitants in receiving applications for assessment solicitation and assessment subjects, information, documents as prescribed in Article 11 hereof in case such solicitants do not submit their relevant applications for assessment solicitation and assessment subjects, information, documents enclosed with decisions on assessment solicitation.

2. Case-specific judicial assessors shall study cases specified in decisions on assessment solicitation, relevant applications for assessment solicitation and assessment subjects and documents to require solicitants to add missing necessary information, documents and objects serving assessment based on requirements of assessment.

3. Case-specific judicial assessors shall make assessment outlines, including at least the following contents:

a) Determining professional regulations applied to judicial assessment in social insurance and unemployment insurance;

b) Determining vehicles and equipment prepared for use and application during assessment (if any) and notifying solicitants;

c) Formulating cost estimates as prescribed by law related to contents and requirements of assessment;

d) Determining methods for assessment; assessment steps; progress and scheduled time for completion of assessment;

dd) Other activities and requirements for assessment.

4. For direct solicitations of case-specific judicial assessors of Vietnam Social Security or of case-specific judicial assessment institutions acknowledgement for assessment, the assessment shall be prepared as prescribed in Clause 2 and Clause 3 of this Article.   

Article 13. Case-specific judicial assessment institutions

1. On the basis of each content to be solicited for assessment, it is required to consider assessment subjects and use knowledge and profession to compare documents, assessment subjects, information and objects that have been provided with professional regulations for providing comments and evaluations of matters related to subjects of judicial assessment in social insurance and unemployment insurance. Assessment contents: matters requiring assessment (forms of information carriers and information contents requiring assessment, etc.); infringements; losses and other contents at the requests of the solicitants (if any).

2. New contents or other matters arising during the process of assessment must be immediately notified in writing to solicitants for consolidation of solutions.

3. It is required to make written records of all the process and results of assessment in a prompt, sufficient and reliable manner using the form prescribed in Appendix III enclosed herewith.

Article 14. Conclusion of judicial assessment

1. Case-specific judicial assessors shall only come to assessment conclusions for contents requiring assessment within the scope of case-specific judicial assessment in social insurance and unemployment insurance prescribed in Article 3 hereof. 

2. On the basis of results of judicial assessment, case-specific judicial assessors shall provide comments, evaluations and conclusions for each specific content requiring assessment.

3. Assessment conclusions shall be made using the form prescribed in Appendix IV enclosed herewith.

4. If solicitants directly solicit case-specific judicial assessors for assessment, assessment conclusions must include signatures and full names of such case-specific judicial assessors according to the regulations in Clause 2 Article 32 of the Law on Judicial Assessment.

5. If solicitants solicit Vietnam Social Security or case-specific judicial assessment institutions acknowledged by Vietnam Social Security for appointing assessment performers, assessment conclusions must include signatures and full names of such case-specific judicial assessors and be certified by signatures of Vietnam Social Security or case-specific judicial assessment institutions that have appointed assessment performers.  

6. If solicitants solicit Vietnam Social Security or case-specific judicial assessment institutions acknowledged by Vietnam Social Security for assessment, besides signatures and full names of such case-specific judicial assessors, assessment conclusions also include signatures and seals of the General Director of Vietnam Social Security or heads of case-specific judicial assessment institutions and the General Director and heads must be responsible for such judicial assessment conclusions.  

Article 15. Making, transferring and storing; exploring and using dossiers on judicial assessment

1. After completing assessment, assessment performers and institutions shall be responsible for transferring assessment subjects to solicitants, unless otherwise prescribed by law or agreed in writing by both parties.

The assessment subjects shall be transferred and received directly (using transfer and receipt samples prescribed in Appendix I enclosed herewith) or by registered mail.

2. If case-specific judicial assessors and persons in charge of focal points for regulating assessment performance shall make judicial assessment dossiers.   A judicial assessment dossier includes the following documents:

a) Decisions on assessment solicitation, decisions on additional assessment solicitation (if any), decisions on re-assessment solicitation (if any) and attached documents, assessment subjects, information and objects;

b) Documents of Vietnam Social Security on the assignment of assessment performance (if any);

c) Documents of units assigned to perform judicial concerning appointment of case-specific judicial assessors to carry out assessment (if any); 

d) Records of transfer, receipt and breaking of seals of documents, assessment subjects, information, objects (if any);

dd) Assessment outline;

e) Documents and records related to hiring of machines, equipment, vehicles and services for judicial assessment (if any);

g) Written records of the process of assessment;

h) Photos (if any)

i) Assessment conclusions, additional assessment conclusions (if any) and results of re-assessment (if any);

k) Other documents related to assessment performance (if any).

 3. Transfer of assessment dossiers

a) Judicial assessment dossiers compiled by individuals of case-specific judicial assessors shall be transferred to specialized units or case-specific judicial assessment institutions directly managing such assessment performers;

b) Judicial assessment dossiers compiled by collectives of case-specific judicial assessors shall be transferred to specialized units or case-specific judicial assessment institutions directly managing individuals assigned to act as focal points.  

4. Specialized units and case-specific judicial assessment institutions affiliated to Vietnam Social Security receiving judicial assessment dossiers are responsible for preservation and storage thereof according to regulations of law on archive and regulations of Vietnam Social Security.

5. Exploitation and use of judicial assessment dossiers

a) Units receiving judicial assessment dossiers are responsible for presenting judicial assessment dossiers at the requests of competent procedural authorities and persons to institute proceedings for handling criminal cases, administrative cases and non-litigious civil cases;

b) Case-specific judicial assessors are allowed to exploit and use judicial assessment dossiers in cases that they handle to serve proceedings at the requests of competent procedural authorities and persons.

Article 16. Additional assessment and re-assessment

Focal points shall receive decisions on additional assessment solicitation and decisions on re-assessment solicitation according to the regulations in Article 10 hereof.

2. In case of decisions on solicitation of additional assessment or re-assessment of direct solicitation of case-specific judicial assessors, the solicited performers shall  receive decisions on assessment solicitation; transfer, receive applications, assessment subjects, information, documents and break seals thereof; prepare assessment; organize performance of assessment according to the regulations in Articles 10, 11, 12 and 13 hereof.

In case of decisions on solicitation of additional assessment and re-assessment of direct solicitation of case-specific judicial assessors of Vietnam Social Security for cooperating in participating in judicial assessment under the regulations in Clause 5 Article 25 of the Law on Judicial Assessment, the solicited performers shall comply with assignments of organizations presiding over assessment performance.

Article 17. Duration of judicial assessment

1. Duration of case-specific judicial assessment shall be calculated from the day on which case-specific judicial assessment agencies and institutions receive decisions on assessment solicitation and fully receive applications for assessment, assessment subjects, information, documents and objects mentioned in decisions on assessment solicitation.   

2. Duration of case-specific judicial assessment in social insurance and unemployment insurance shall follow the duration specified in decisions on assessment solicitation of solicitants.

3. The maximum duration of judicial assessment of cases other than the cases prescribed in Clause 2 of this Article for each type of assessment is prescribed as follows:

a) For assessment of contents related to collection of social insurance premiums and collection of unemployment insurance premiums, the maximum assessment duration shall be 01month;

b) For assessment of social insurance claims, the maximum duration shall be 02 months;

c) For assessment of contents related to payment for social insurance benefits and unemployment insurance benefits, the maximum assessment duration shall be 01month;

d) For assessment of contents related to the fields of social insurance and unemployment insurance under competence of Vietnam Social Security, the maximum assessment duration shall be 03 months;

dd) For cases of ad hoc assessment of at least 02 different assessment contents of the fields of social insurance and unemployment insurance prescribed in Article 3 hereof or of complex contents  related to numerous organizations and individuals,  the maximum assessment duration shall be 04 months.

3. In necessary cases, individuals of case-specific judicial assessors and case-specific judicial assessment institutions must submit written proposals to agencies soliciting assessment for extension of assessment duration under their competence.