Improve legal knowledge and expertise in the Finance sector

Speaking at the opening of the Conference, Ms. Ho Thi Hang - Deputy Director of the Legal Department, Ministry of Finance said that, implementing the Law on Judicial Examination 2012, guiding documents and the Project "Doi Moi and improving the efficiency of judicial assessment ”, judicial assessment in general and assessment in the financial sector in particular have achieved many results, contributing to the completion of the tasks of the sector. Finance.

Ms. Ho Thi Hang - Deputy Director of Legal Department gives opening speech at the Conference

The Ministry of Finance has formed a team of 1,858 officials and public employees performing the assessment task, of which 1,712 judicial assessors, 146 judicial examiners according to the case. The assessors of the Ministry of Finance participated in hundreds of assessments, together with procedural agencies, making an important contribution to the fight against crime; making objective, correct and fair assessment conclusions to help the investigation, prosecution and adjudication of cases be rigorous, lawful, protect the legitimate rights and interests of the involved parties. , avoid injustice.

Emphasizing the idea of ​​organizing the conference, Ms. Ho Thi Hang said: “In order to implement the Project“ Renovating and improving the efficiency of judicial assessment activities ”of the Prime Minister, it is necessary to continue to implement the to train and develop human resources, ensure material foundations for judicial assessment organizations, and provide policies to attract and honor examiners. In addition, due to the requirement of the new situation on enhancing fostering and training in legal knowledge and expertise for the contingent of judicial examiners and procedure-conducting people, capacity building for assessors in the financial sector, the Ministry of Finance cooperates with the Ministry of Justice to organize a training conference on legal knowledge and judicial expertise in the financial sector for the team of financial examiners ” .

At the Conference, Ms. Nguyen Thi Thuy - Head of Judicial Expertise Management Department, Department of Judicial Support (Ministry of Justice) presented general provisions on judicial assessment, responsibilities of agencies in receiving receive and perform judicial assessment, some legal issues in the process of organizing, operating and managing judicial expertise in the financial sector ...

The conference also listened to many speeches from delegates on the expertise in the field of tax and customs. Sharing at the conference, Mr. Tran Van Tu - Tax Department of Ho Chi Minh City said that the Inspection and Inspection Department of the Tax Department of Ho Chi Minh City was assigned to act as the focal point to receive information from the agency. request inspection and recommend appointing person to perform the assessment, summarize, report on periodic inspection ... Despite being interested and receiving a lot of legal and professional support from the application professional but judicial assessment at the City Tax Department. Ho Chi Minh still met many difficulties. Mr. Tu said: “The civil servants who are appointed as assessors are currently working on a part-time basis, sometimes assessors have to pay for travel expenses in order to perform well the assessment.
In addition, due to the nature of judicial examination being an activity in proceedings and judicial examiners are personally responsible before the law for expert examination conclusions, assessors are very hesitant and hesitant. when nominated for an assessment. Sometimes, the content of the assessment soliciting agency's request for assessment is not specific or related to the field of expertise of the tax industry or is just the content of the exchange of tax policies and laws leading to those who are embarrassing assessment assignment when resolving the matter… ”.

Speaking at the conference, Ms. Bui Thi Tuyet Trinh - Saigon Port Zone 1 Customs Branch, Ho Chi Minh City Customs Department also raised difficulties and problems of the judicial examiner of the Customs when performing judicial examinations. According to Ms. Trinh, the solicitation of judicial examination for the proceedings of the proceeding agency (mainly from the investigation hall PC03) sent to the Customs is currently being duplicated by most of the documents. , the case is transferred by the Customs to the Control Institute or the Investigation Agency. In those records, there are full contents from the detection of the violation to the steps of handling the dossier (assessment of violation, determination of the value of infringing goods). This results in the same content but the unit has to process it twice.

Many other difficulties also shared by Ms. Trinh such as: In the process of judicial assessment, the individual's psychology is "according to the leadership assignment" but not according to the specific nature of self-responsibility. Therefore, there is still a situation of fear and avoidance when being appointed and assigned for implementation; Access to the subject of expert examination is very difficult (the agency soliciting the assessment does not transfer or slowly transfers) or the records and cases arise in one unit and the judicial examiner is in another unit (even not with the same Department or Department); The standardization of judicial assessment dossiers currently does not have specific procedures, regulations and forms of the customs sector but is based on the forms of criminal investigation according to Circular 61/2017 / TT-BCA dated 14 / 12/2017 ... Therefore, Ms. Trinh suggested that it is necessary to develop and promulgate judicial assessment forms in the customs sector to consistently and correct the nature of the case and the records in the investigation process. industry characteristics.

In addition to the above speeches, the Association's delegates also proposed to strengthen the organization of training sessions, fostering professional skills in assessment work; Proposing the Ministry of Finance and other units in the sector to have a regime of rewarding, fostering and supporting judicial examiners in order to encourage and encourage them to well perform their assigned tasks; Re-assessing the need to solicit judicial expertise for cases and dossiers transferred by customs offices to procedural agencies to shorten the procedural order and time of dossiers and cases, to avoid duplicate content, but the unit has to redo it twice ...

Speaking at the conclusion of the Conference, Ms. Ho Thi Hang - Deputy Director of Legal Department, Ministry of Finance acknowledged the opinions of the delegates and answered a number of recommendations under the responsibility of the Ministry of Finance. .

According to the plan at the end of October, the Ministry of Finance will continue to coordinate with the Ministry of Justice to organize the "Training Conference on knowledge and expertise in the financial sector" for cadres and civil servants who are Judicial Officer of Northern Regional Finance. Thereby, cadres and civil servants working as assessors in the entire Finance sector will grasp many issues of judicial activities to well implement their assigned tasks, contributing to the completion of the common tasks of the sector.