1. Regulations on On-site Examination and Appraisal in Civil Procedural Law

On-site examination and appraisal is one of the essential measures enabling the Court to collect evidence accurately. In practice, the subject matter of the dispute may not be fully reflected in the documents, or may be represented incompletely. There may even be doubts regarding the accuracy of the information presented in the documents, in which case the Court must conduct an on-site examination and appraisal. Various entities may participate in the on-site examination and appraisal, such as land registration officers, or the use of specific tools and equipment may be involved in carrying out the on-site examination. On-site examination and appraisal in land dispute cases is a crucial method for the adjudicating authorities to accurately identify the origin, use history, and current status of the disputed land, thus providing a basis for resolving the case in accordance with the law.

In land dispute cases, the following matters are commonly examined and appraised on-site:

- Determining the current land use and who is managing the land;

- The location, size, and shape of the disputed land parcel;

- The condition of the land parcel;

- The property attached to the land and the origin of such property;

- The adjoining land parcels;

Conducting measurements and mapping the current state of the disputed property, and examining the architectural materials, vegetation, and crops on the land.

If the parties involved (including the plaintiff, defendant, and individuals with related rights and obligations in the case) are unable to collect evidence or documents independently, they have the right to request the Court to collect evidence and documents to ensure the proper resolution of the case. On-site examination and appraisal is one of the measures the Court applies to collect evidence and documents.

In accordance with Article 101 of the 2015 Civil Procedure Code:

- The on-site examination and appraisal must be recorded in writing. The record must clearly state the results of the examination and appraisal, with a detailed description of the scene, and be signed by the examiner(s), as well as by the parties involved, if present. It must also include the signature or fingerprint of the representatives of the local People's Committee or the commune police, or the authority or organization where the subject of the examination is located, along with any other persons invited to participate in the examination and appraisal. After the record is prepared, the examiner must request the signature and official stamp of the representative of the local People's Committee or commune police, or the relevant organization involved in the examination and appraisal.

- Any actions that hinder the on-site examination and appraisal are strictly prohibited.

Judges have the authority to request the support of the local People's Committee or commune police in cases where there are obstacles to conducting the on-site examination and appraisal.

2. Obligation to Deposit Advance Payment for On-site Examination and Appraisal Costs

Pursuant to Articles 155 and 156 of the 2015 Civil Procedure Code, the following specific provisions apply:

- The party requesting the examination and appraisal is obligated to deposit an advance payment for the costs of the on-site examination and appraisal to the Court, as per the Court’s request.

- In the case where the Court determines that an on-site examination and appraisal is necessary, the plaintiff, the party requesting the civil case resolution, or the appellant in the appellate procedure is required to deposit the advance payment for such costs.

Accordingly, the advance payment for the costs of the on-site examination and appraisal is the amount temporarily calculated by the Court to carry out the on-site examination and appraisal; the costs of the on-site examination and appraisal refer to the necessary and reasonable amount to be paid for conducting the on-site examination and appraisal in accordance with the legal provisions.

3. Obligation to Bear the Costs of On-site Examination and Appraisal in Civil Procedure

This obligation is determined by the agreement of the parties. If there is no such agreement or if the law does not provide otherwise, the costs of the on-site examination and appraisal are determined as follows:

Pursuant to Article 157 of the 2015 Civil Procedure Code:

In cases where the parties do not have a different agreement or where the law does not provide otherwise, the obligation to bear the costs of the on-site examination and appraisal is determined as follows:

- The party must bear the costs of the on-site examination and appraisal if their request is not accepted by the Court;

- In cases where a request for the division of common property is made, each party receiving a portion of the property must bear the corresponding costs based on the value of the property received;

- In divorce cases, the plaintiff must pay the costs, regardless of whether the Court accepts the plaintiff's request. If both parties agree to a divorce by mutual consent, each party shall bear half of the costs;

- If the case is suspended because the plaintiff withdraws the entire claim or the plaintiff has been duly summoned for the second time but still fails to appear, unless they have requested to be tried in absentia or due to an event of force majeure or an objective obstacle, the plaintiff shall bear the costs of the on-site examination and appraisal;

- In cases where the plaintiff withdraws the claim before the trial or at the appellate trial, and the defendant agrees to this withdrawal, the appellate court shall issue a decision to annul the first-instance judgment and suspend the case. In such cases, the plaintiff shall be responsible for the costs;

- In cases where the appellate trial is suspended because the appellant withdraws the entire appeal or the Prosecutor withdraws the entire appeal, the appellant in the appellate procedure shall bear the costs of the on-site examination and appraisal;

- If the appellant is duly summoned for the second time and fails to appear, they are considered to have abandoned the appeal and shall still be required to pay the costs of the on-site examination and appraisal;

- In other cases of suspension of the case resolution in accordance with the Civil Procedure Code, the party requesting the on-site examination and appraisal must bear the costs of the on-site examination and appraisal.

4. Procedure for Conducting On-site Examination and Appraisal in Land Dispute Cases

When conducting an on-site examination and appraisal, the Judge must issue a decision and send it to the parties involved so that they are informed and can witness the examination and appraisal. If any party is absent despite receiving the decision, the process will proceed as normal. The decision for the on-site examination and appraisal must also be sent to the People's Committee at the commune level, or to the agency or organization where the object of examination and appraisal is located.

At the same time, the Court must issue a written request to the People's Committee or the relevant agency or organization to appoint a representative to participate in the on-site examination and appraisal at the time and date specified in the decision. In the event that the representative from the People's Committee or the relevant agency or organization is absent, the on-site examination and appraisal must be postponed.

Step 1: The party submits a request to the Court. The request for an on-site examination and appraisal of land, accompanied by related documents and evidence regarding the land dispute, must be included.

Step 2: Upon receiving the request, the Judge will carry out the tasks related to the on-site examination and appraisal.

Step 3: An on-site examination and appraisal record must be prepared. The record should clearly state the results of the examination and appraisal, describe the site, and include the signatures of the person conducting the examination and appraisal, as well as the signatures or thumbprints of the parties (if present), and of representatives from the relevant authorities.

Step 4: The Judge issues a decision for the on-site examination and appraisal. The content of the decision is specified in Article 9, Clause 2 of Resolution No. 04/2012/NQ-HĐTP. The decision must be sent to the People's Committee at the commune level, and simultaneously sent to the parties so that they are informed and can witness the on-site examination and appraisal, as stipulated in Clause 3 and Clause 4 of Article 9 of Resolution No. 04/2012/NQ-HĐTP.

The results of the on-site examination and appraisal serve as crucial evidence in resolving the land dispute case, clarifying the facts of the case, and safeguarding the legitimate rights and interests of the parties involved.