Delegate: The volume of appraisal of the Van Thinh Phat mega case is extremely large and the 3-month deadline is impossible.

Delegate Le Thi Song An pointed out that the amount of appraisal work in the Van Thinh Phat case is extremely large, but if it is only done within 3 months, it is impossible.

Delegate Le Thi Song An - Photo: GIA HAN

On the morning of October 1, the conference of specialized National Assembly deputies gave opinions on 7 draft laws, including the Law on Judicial Expertise (amended).

Forensic experts must bear civil liability if they are negligent or careless.

Concerned about the rights and obligations of forensic experts, delegate Le Thi Song An ( Tay Ninh ) proposed to remove the regulation that forensic experts are "exempt from legal responsibility for the professional content in the forensic conclusion, except in cases of intentional distortion of the forensic conclusion".

Instead, she proposed adding a mechanism for professional responsibility of forensic experts.

Forensic experts are only exempted from legal responsibility for the content of professional conclusions if they can prove that they have performed the work objectively, impartially, in compliance with professional procedures and standards, and based on valid information and documents provided at the time of the appraisal.

"A forensic expert shall bear civil liability according to the provisions of civil law if there is a fault due to negligence, carelessness or serious lack of professional capacity during the appraisal process, causing damage to individuals or organizations.

They must also bear legal responsibility when intentionally falsifying appraisal conclusions," Ms. An analyzed.

Giving reasons for this proposal, she said the draft immunity provision goes against the progressive legal trend in the world of narrowing and eventually eliminating experts' immunity to enhance accountability.

Immunity also carries great legal risks, especially in serious cases and cases of public concern.

In addition, it will create a safe zone for individuals who are weak in expertise and lack seriousness in appointing, training, and evaluating the capacity of the team of appraisers.

"The lack of expertise can easily be exploited and influenced to cause mistakes that the appraiser personally witnesses from a professional background," Ms. An noted.

The Government's report assessing the exemption from legal liability to encourage and create peace of mind, according to delegates, this reason "is not sufficient in terms of causes". In reality, there are other causes such as inadequate remuneration and invisible pressure from related entities.

Ms. Song An proposed considering adding appraisal subjects to cases under the supervision and direction of the Central Steering Committee on Anti-Corruption, Wastefulness, and Negativity, with the appraisal period to be decided by the Central Steering Committee.

She cited a number of recent cases that were complex, large-scale, and involved many organizations and individuals, such as the Van Thinh Phat case.

"The amount of forensic work in the Van Thinh Phat case is extremely large, including analyzing thousands of fake loan files, determining cash flow through an ecosystem of thousands of businesses, and valuing a large amount of collateral to determine damages of up to hundreds of thousands of billions of VND.

With this volume, the maximum appraisal period of 3 months according to the bill is impossible," she cited.

The time limit for judicial appraisal will be more flexible.

The draft law amends and supplements regulations on the authority to appoint and dismiss judicial appraisers in the direction that ministries and branches appoint and dismiss people working in their ministries and branches.

Delegate Pham Trong Nghia (Lang Son) said it can be understood that criminal technical experts working at the Ministry of National Defense and the Supreme People's Procuracy will be appointed and dismissed by the heads of these agencies, not the Minister of Public Security - the specialized criminal management agency.

Similarly, forensic examiners under the management authority of the Ministry of National Defense and the Ministry of Public Security will also be appointed and dismissed by these two ministries, not by the Ministry of Health - the specialized health management agency.

Therefore, he proposed to review and maintain the authority to appoint judicial experts as per current law.

Accordingly, it is clearly stipulated that the Minister of Health appoints forensic and forensic psychiatric experts; the Minister of Public Security appoints criminal technical experts; and the Minister and Head of a ministerial-level agency appoints judicial experts working in other fields at central agencies under their management.

Minister of Justice Nguyen Hai Ninh - Photo: GIA HAN

Explaining at the end of the discussion session, Minister of Justice Nguyen Hai Ninh said that the drafting agency will accept the delegates' comments.

For example, regulations on the time limit for judicial appraisal will be more flexible, to shorten cases requiring appraisal in important, urgent, and urgent cases.

At the same time, it may take longer in cases where the appraisal case is very complicated...

THANH CHUNG

Source: https://tuoitre.vn/dai-bieu-khoi-luong-giam-dinh-dai-an-van-thinh-phat-cuc-ky-lon-ma-thoi-han-3-thang-la-bat-kha-thi-20251001122343138.htm