Circular No. 07/2014/TT-BKHĐT guiding certain contents regarding judicial appraisal in the planning and investment sector

CIRCULAR

Guidelines on certain aspects of forensic appraisal

in the Planning and Investment Sector

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Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

At the request of the Director of the Legal Department,

The Minister of Planning and Investment issues this Circular to prescribe standards, files, procedures for appointing and relieving judicial appraisers, establishing and announcing lists of judicial appraisers, judicial appraisers, and organizations conducting judicial appraisals on a case-by-case basis within the planning and investment sector.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular prescribes standards, files, procedures for appointing and relieving judicial appraisers, establishing and announcing lists of judicial appraisers, judicial appraisers, and organizations conducting judicial appraisals on a case-by-case basis within the planning and investment sector.

Article 2. This Circular applies to organizations and individuals related to judicial appraisals on a case-by-case basis within the planning and investment sector.

Article 2. Standards for Appointing Judicial Appraisers

1. Good health and moral character.

Point 2. Hold a bachelor's degree or higher from an educational institution in Vietnam or recognized as equivalent to a bachelor's degree or higher in Vietnam according to the laws on education and international treaties to which the Socialist Republic of Vietnam is a party.

Point 3. Have been trained or undergone short-term or long-term specialized training suitable for the appraisal field and have directly worked in the appraisal field for at least five years since being appointed to a civil service rank, public servant position, or signing a labor contract.

Article 3. Procedures for Appointing Judicial Appraisers

Clause 1. Procedures for appointing judicial appraisers at the Ministry of Planning and Investment:

Subclause a. Based on the functions, tasks, and standards prescribed in Article 2 of this Circular, the head of the agency or unit under the Ministry selects judicial appraisers and prepares one file to propose the appointment of judicial appraisers to be sent to the Department of Organization and Cadres.

Subclause b. Within ten working days from the date of receipt of the file as prescribed in point a of clause 1 of this Article, the Director of the Department of Organization and Cadres shall take the lead, coordinate with the Director of the Legal Department to examine the file and submit it to the Minister of Planning and Investment for a decision to appoint judicial appraisers.

2. Procedures for appointing judicial forensic experts at the local level:

The Director of the Provincial Department of Planning and Investment shall take the lead, coordinate with the Director of the Provincial Department of Justice to select persons meeting the standards prescribed in Article 2 of this Circular, prepare a file to propose the Chairman of the Provincial People's Committee to appoint judicial appraisers.

Article 4. Files for Proposing the Appointment of Judicial Appraisers

Clause 1. A confirmation letter from the head of the agency or unit under the Ministry of Planning and Investment for judicial appraisers at the Ministry of Planning and Investment or from the Director of the Provincial Department of Planning and Investment for judicial appraisers at the local level regarding the time spent directly working in the appraisal field.

Clause 2. Academic certificates, training certificates, or other legally valid documents concerning specialized training as prescribed in clause 3 of Article 2 of this Circular.

Clause 3. Documents prescribed in clauses 1, 2, and 3 of Article 8 of the Law on Judicial Appraisal.

Article 5. Dismissal of Judicial Appraisers

Clause 1. Cases of relief, files for proposing the relief of judicial appraisers shall be implemented according to the provisions of clause 1 and clause 2 of Article 10 of the Law on Judicial Appraisal.

Clause 2. The head of the agency or unit under the Ministry shall prepare a file to propose the relief of judicial appraisers to be sent to the Department of Organization and Cadres.

The Director of the Department of Organization and Cadres shall take the lead, coordinate with the Director of the Legal Department to review the file, submit it to the Minister of Planning and Investment for examination and a decision to relieve judicial appraisers at the Ministry of Planning and Investment.

Clause 3. The Director of the Provincial Department of Planning and Investment shall unify opinions with the Director of the Provincial Department of Justice, prepare a file to propose the Chairman of the Provincial People's Committee to examine and decide on the relief of judicial appraisers at the local level.

Article 6. Establishing and Announcing Lists of Judicial Appraisers, Case-specific Judicial Appraisers, and Case-specific Judicial Appraisal Organizations

1. Establishment and Publication of Lists of Judicial Appraisers

a) For judicial appraisers appointed by the Minister of Planning and Investment:

The Cadre and Civil Service Department shall establish and send the list of judicial appraisers to the Information Technology Center for publication on the Ministry's electronic portal, while simultaneously sending it to the Ministry of Justice to compile a consolidated list. The Information Technology Center is responsible for publishing the list of judicial appraisers on the Ministry's electronic portal within three (3) days from the date of receipt of the list.

b) For judicial appraisers appointed by the Chairman of the Provincial People's Committee:

The Department of Planning and Investment shall be responsible for establishing and sending the list of judicial appraisers for publication on the provincial People's Committee's electronic portal.

2. Establishing and Announcing Lists of Case-specific Judicial Appraisers and Case-specific Judicial Appraisal Organizations at the Ministry of Planning and Investment

a) Each year, the heads of subordinate units of the Ministry shall base on the standards stipulated in Article 18 and Clause 1 of Article 19 of the Law on Judicial Appraisal to select and establish lists of case-specific judicial appraisers and case-specific judicial appraisal organizations, which they shall submit to the Cadre and Civil Service Department before October 1st;

b) The Cadre and Civil Service Department shall take the lead, coordinating with the Legal Affairs Department to review the files and conditions for selecting case-specific judicial appraisers and case-specific judicial appraisal organizations, and submit them to the Ministry's leadership for decision-making and announcement;

c) The Information Technology Center shall publish the list of case-specific judicial appraisers and case-specific judicial appraisal organizations on the Ministry's electronic portal, while simultaneously sending it to the Ministry of Justice to compile a consolidated list.

Article 7. Effective Date

This Circular takes effect from January 15, 2015.

The Director of the Ministry's Office, the Heads of the Cadre and Civil Service Department and the Legal Affairs Department, the Heads of relevant subordinate units of the Ministry, the Chairpersons of the People's Committees, and the Directors of the Departments of Planning and Investment of provinces and centrally-administered cities are responsible for implementing this Circular./.