The Vietnamese Law on Judicial
Expertise 2025 No. 105/2025/QH15 passed by the National Assembly on December 5,
2025, officially takes effect on May 1, 2026, replacing the obsolete version in
2012. The new law amends and supplements regulations to improve the quality and
effectiveness of expert assessment in litigation, focusing on standardizing the
team of experts, expanding social participation, and perfecting the expert
assessment process.
Key
contents and outstanding new points of the Law on Judicial Expertise 2025
include as follows: Firstly, the standardization of the judicial expertise
requires the enhancement of standards and conditions for judicial experts and
judicial expertise organizations to ensure high professionalism. Secondly, socialization
of judicial examination activities is prescribed by allowing non-governmental
judicial expertise organizations to participate with intense efforts to reduce
the workload for public agencies. Thirdly, the new law prescribes concrete regulations
on time limits for expert examination, procedures for requesting expert
examinations, and the responsibilities of prosecuting agencies in requesting
expert examinations. Fourthly, the application of technology is encouraged with
the application of modern science and technology in expert examination work,
improving accuracy and speed of conclusions of judicial expertise.
Regarding the legal opinion from practical
scholars and researchers in Vietnam, the amended Law on Judicial Expertise 2025
brings groundbreaking benefits, especially in accelerating the disposal of
cases by reducing the time limit for expertise assessment, enhancing
objectivity through expanded social participation, and adding strictly
prohibited acts, avoiding prolonged cases. The law helps improve expertise,
transparency, reduce conflicts of interest, and better meet the requirements of
current judicial reform. The extent of subject participation to qualified
non-governmental organizations helps improve the quality of expert opinions, and
enhance objectivity amongst the conclusion of competent authority which has
long been biased and excessive
workload. Alongside with the regulations from the law to judicial expertise in
a new era, it prescribes prohibited acts for experts, preventing profiteering,
receiving money/assets, or other benefits from related parties, ensuring
objective and scientific conclusions.
In
conclusion, the new law promotes the institutional framework and steadily
governs the addressed shortcomings in current judicial examination procedures with
more unified and rigorous process.
Author:
Faculty of Criminal Law,
Hanoi Law University, Vietnam
Date:
7th May, 2026