Circular No. 20/2022/TT-BNNPTNT on forensic examination activities in the agriculture and rural development sector

CIRCULAR

Regulations on forensic examination in the agricultural and rural development sector

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

Pursuant to the Law Amending and Supplementing Certain Provisions of the Forensic Appraisal Law dated June 10, 2020;

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. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing some articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and providing implementation measures for the Law on Forensic Examination; ADJUSTMENT Pursuant to the Law on Forensic Examination;

Pursuant to Decree No. 105/2022/NĐ-CP dated 22 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;rural development;

At the proposal of the Director of the Legal Department;

The Minister of Agriculture and Rural Development promulgates this Circular on forensic examination in the agricultural and rural development sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates forensic examination in the agricultural and rural development sector, including:

1. Scope of forensic examination; Professional standards applicable to forensic examination activities; Time limit for forensic examination.

1. Individuals and organizations conducting forensic examination in the fields of agriculture and environment include: forensic examiners; persons conducting forensic examination per case, organizations conducting forensic examination per case; individuals and organizations assigned or appointed to conduct forensic examination upon request for forensic examination.

3. Procedures for organizing and implementing forensic examination.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals involved in forensic examination activities in the agricultural and rural development sector.

2. Livestock breeding and veterinary science;

Forensic examination in the agricultural and rural development sector includes:

1. Forensic examination of crop cultivation and plant protection.

2. Forensic examination of animal husbandry and veterinary science.

3. Forensic examination of forestry.

4. Forensic examination of salt production.

5. Forensic examination of fisheries.

6. Forensic examination of irrigation.

7. Forensic examination of disaster prevention and control.

8. Forensic examination of food safety in agriculture, forestry, fisheries, and salt.

9. Forensic examination of other sectors and fields under the management authority of the Ministry of Agriculture and Rural Development as prescribed by law.

Article 4. Professional Standards Applicable to Forensic Examination Activities

Professional standards applicable to forensic examination activities include legal normative documents, technical standards, specifications, economic and technical norms, various types of procedures, and other norms issued by competent authorities in the agricultural and rural development sector.

2. In cases where forensic examination matters are complex or involve large volumes of work or multiple fields and the responsibility of multiple agencies and organizations, the maximum time limit for forensic examination is four months.

1. The time limit for forensic examination in the agricultural and rural development sector shall be carried out in accordance with Clause 1, Article 26a of the Law on Forensic Examination 2012, supplemented according to Clause 16, Article 1 of Law No. 56/2020/QH14 amending and supplementing certain provisions of the Law on Forensic Examination.

2. The maximum time limit for forensic examination in the agricultural and rural development sector is three months, except in cases provided for in Clauses 3 and 4 of this Article.

3. In cases where the forensic examination matter is complex; involves two or more different examination contents; relates to multiple fields specified in Article 3 of this Circular; involves multiple agencies, organizations, or individuals, or has a large workload, the maximum time limit for forensic examination is four months.

4. The time limit for forensic examination may be extended but not exceeding half of the maximum time limit for each case specified in Clauses 2 or 3 of this Article, decided in writing by the requesting agency based on the proposal of the individual or organization conducting the examination.

5. In cases where issues arise or there is a basis to determine that the examination cannot be completed within the time limit, the individual or organization conducting the examination must promptly notify in writing, clearly stating the reasons to the requesting party and the expected completion time for issuing the forensic examination conclusion.

Chapter II

FORENSIC EXAMINERS, PERSONS CONDUCTING FORENSIC EXAMINATION CASE-BY-CASE, AND ORGANIZATIONS CONDUCTING FORENSIC EXAMINATION CASE-BY-CASE IN THE AGRICULTURAL AND RURAL DEVELOPMENT SECTOR

Article 6. Criteria for appointing legal experts

Vietnamese citizens residing permanently in Vietnam who are selected and considered for appointment as forensic examiners in the agricultural and rural development sector must meet the criteria stipulated in Article 7 of the Law on Forensic Examination 2012, including:

1. Good health and moral character, not falling under the cases prescribed in Clause 2, Article 7 of the Law on Forensic Examination 2012.

2. Hold a bachelor's degree or higher from a Vietnamese educational institution as prescribed by law or from an overseas educational institution recognized for use in Vietnam.

3. Have at least five years of professional experience in the field of study since being appointed to a civil service rank, public servant position, or signing a labor contract, corresponding to the field of forensic examination they are appointed to.

Article 7. Appointment and Issuance of Judicial Expert Cards, Reissuance of Judicial Expert Cards

1. The dossier, procedures, and formalities for the appointment and issuance of judicial expert cards in the field of agriculture and rural development shall be implemented in accordance with the provisions of Articles 8 and 9 of the 2012 Law on Judicial Appraisal amended and supplemented pursuant to the Law Amending and Supplementing Certain Provisions of the 2012 Law on Judicial Appraisal and Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice stipulating the model of the card, procedures, and formalities for issuing new and reissuing judicial expert cards.

2. The dossier for the appointment and issuance of judicial expert cards in the field of agriculture and rural development includes:

a) A request for the appointment and issuance of a judicial expert card from the competent authority proposing the appointment of a judicial expert, which includes confirmation that the proposed appointee meets the criteria set forth in Point 6 of this Circular, according to Model I of this Circular;

b) Copies of academic certificates at the bachelor's level or higher relevant to the proposed field of expertise; Certificates of recognition issued by the competent authority for academic certificates issued by foreign educational institutions (if applicable);

c) A curriculum vitae of the proposed appointee of a judicial expert (with confirmation from the competent authority);

d) Two color passport-sized photographs (2cm x 3cm) taken within the last six months;

đ) Other documents proving that the proposed appointee meets the criteria (if available).

3. Appointment and Issuance of Judicial Expert Cards at the Ministry of Agriculture and Rural Development

a) Heads of agencies and units under the Ministry of Agriculture and Rural Development are responsible for selecting individuals who meet the criteria, preparing the dossier for the appointment and issuance of judicial expert cards, and submitting it to the Legal Department;

b) Within ten days from the date of receipt of a complete and valid dossier, the Head of the Legal Department shall take the lead, coordinate with the Head of the Cadre Organization Department to receive and review the dossier for the appointment and issuance of judicial expert cards, and submit it to the Minister of Agriculture and Rural Development. In case of rejection, a written notification must be provided to the applicant along with the specific reasons;

c) Within ten days from the date of receipt of a complete dossier, the Minister of Agriculture and Rural Development shall issue a decision on the appointment and issuance of judicial expert cards;

The decision on the appointment and issuance of judicial expert cards, together with the dossier, shall be returned to the Legal Department after issuance;

d) Within ten days from the date of receipt of the decision accompanied by the dossier, the Head of the Legal Department shall take the lead, coordinate with the Head of the Cadre Organization Department and the Heads of units where the appointed judicial experts work to issue judicial expert cards;

đ) The list of judicial experts shall be sent to the Ministry of Justice and published on the Ministry of Agriculture and Rural Development’s online portal;

4. Appointment and Issuance of Judicial Expert Cards at Local Level

a) The Director of the Department of Agriculture and Rural Development shall take the lead, coordinate with the Director of the Department of Justice to select individuals who meet the criteria for the appointment of judicial experts in the field of agriculture and rural development, receive and review the dossier for the appointment and issuance of judicial expert cards within their jurisdiction, and submit it to the Chairman of the Provincial People's Committee. In case of rejection, a written notification must be provided to the applicant along with the specific reasons;

b) Within twenty days from the date of receiving a complete and valid dossier, the Chairman of the Provincial People's Committee issues a decision on the appointment and issuance of legal expert cards;

c) The issuance of judicial expert cards shall be carried out in accordance with the provisions of Article 6 of Circular No. 11/2020/TT-BTP;

The Director of the Department of Agriculture and Rural Development shall be responsible for coordinating with the Director of the Department of Justice to assist the Chairman of the Provincial People's Committee in issuing judicial expert cards in the field of agriculture and rural development;

d) The list of judicial experts within the local jurisdiction shall be published on the online portal of the Provincial People's Committee, and simultaneously sent to the Ministry of Justice and the Ministry of Agriculture and Rural Development;

5. Reissuance of Judicial Expert Cards

a) The dossier, procedures, and formalities for the reissuance of judicial expert cards in the field of agriculture and rural development shall be carried out in accordance with the provisions of Article 8 of Circular No. 11/2020/TT-BTP;

b) In cases where the reissuance of the card is due to changes in information recorded on the card, the list of judicial experts on the online portals of the Ministry of Agriculture and Rural Development and the Provincial People's Committee must be updated accordingly, and simultaneously sent to the Ministry of Justice;

Article 8. Dismissal of Judicial Appraisers and Revocation of Judicial Appraiser Cards

1. The dossier, procedures, and formalities for the removal of judicial experts in the field of agriculture and rural development shall be carried out in accordance with the provisions of Article 10 of the 2012 Law on Judicial Appraisal amended and supplemented pursuant to the Law Amending and Supplementing Certain Provisions of the 2020 Law on Judicial Appraisal;

2. When there are judicial experts falling under the circumstances specified in Clause 1 of Article 10 of the 2012 Law on Judicial Appraisal amended and supplemented pursuant to the Law Amending and Supplementing Certain Provisions of the 2020 Law on Judicial Appraisal, the competent authorities shall propose the removal of judicial experts within their jurisdiction;

3. The dossier for the removal of judicial experts in the field of agriculture and rural development includes:

a) A request for the removal of a judicial expert from the competent authority proposing the removal;

b) Documents or papers proving that the judicial expert falls under one of the circumstances specified in Clause 1 of Article 10 of the 2012 Law on Judicial Appraisal amended and supplemented pursuant to the Law Amending and Supplementing Certain Provisions of the 2022 Law on Judicial Appraisal or a resignation letter from the judicial expert, approved by the directly managing authority;

4. Removal and Revocation of Judicial Expert Cards at the Ministry of Agriculture and Rural Development

a) Heads of agencies and units under the Ministry of Agriculture and Rural Development are responsible for preparing the dossier for the removal of judicial experts within their jurisdiction and collecting the judicial expert cards of those proposed for removal and submitting them to the Legal Department;

b) The Head of the Legal Department shall take the lead, coordinate with the Head of the Cadre Organization Department to receive and review the dossier for the removal of judicial experts, and submit it to the Minister of Agriculture and Rural Development;

c) Within ten days from the date of receiving a complete file, the Minister of Agriculture and Rural Development shall issue a decision on the removal of judicial experts and the revocation of their expert identification cards;

d) The Legal Affairs Department shall carry out the revocation of the expert identification cards, adjust the list of judicial experts on the Ministry of Agriculture and Rural Development's electronic portal, and simultaneously send it to the Ministry of Justice.

5. Removal and Revocation of Judicial Expert Identification Cards in the Field of Agriculture and Rural Development at the Local Level

a) Heads of agencies and units responsible for establishing files to propose the removal of judicial experts within their management authority, retrieving the expert identification cards of those proposed for removal, and sending them to the Department of Agriculture and Rural Development;

b) The Director of the Department of Agriculture and Rural Development shall preside over, receive, and examine files proposing the removal of judicial experts; coordinate with the Director of the Department of Justice to submit to the Chairman of the Provincial People's Committee for consideration and issuance of decisions on the removal of judicial experts and the revocation of their expert identification cards;

c) Within ten days from the date of receiving a complete and valid file, the Chairman of the Provincial People's Committee shall issue a decision on the removal of judicial experts and the revocation of their expert identification cards;

d) The Department of Agriculture and Rural Development shall cooperate with the Department of Justice to carry out the revocation of expert identification cards, adjust the list of judicial experts, publish it on the Provincial People's Committee's electronic portal, and send it to the Ministry of Justice and the Ministry of Agriculture and Rural Development.

Article 9. Recognition, Cancellation of Recognition, and Publication of Lists of Judicial Experts and Judicial Expert Organizations by Case

1. Individuals and organizations selected and recognized as judicial experts by case and judicial expert organizations by case in the field of agriculture and rural development include:

a) Individuals meeting the criteria stipulated in Clause 1 and Clause 2, Article 18 of the 2012 Law on Judicial Appraisal;

b) Organizations meeting the criteria stipulated in Clause 1, Article 19 of the 2012 Law on Judicial Appraisal.

2. The application file for recognition includes a document and a list of individuals and organizations applying for recognition as judicial experts by case and judicial expert organizations by case according to the model attached as Appendix II to this Circular.

3. Recognition and Publication of Lists of Judicial Experts by Case and Judicial Expert Organizations by Case by the Ministry of Agriculture and Rural Development

a) Heads of agencies and units under the Ministry shall be responsible for reviewing and selecting individuals and organizations meeting the criteria and conditions stipulated in Clause 1 of this Article and submitting the application file for recognition of judicial experts by case and judicial expert organizations by case as stipulated in Clause 2 of this Article to the Legal Affairs Department;

b) The Head of the Legal Affairs Department shall be responsible for receiving and examining the files, presenting to the Minister of Agriculture and Rural Development for issuance of decisions recognizing judicial experts by case and judicial expert organizations by case within their management authority; publishing on the Ministry of Agriculture and Rural Development's electronic portal, and sending to the Ministry of Justice to establish a consolidated list.

4. Recognition and Publication of Lists of Judicial Experts by Case and Judicial Expert Organizations by Case at the Local Level

The Director of the Department of Agriculture and Rural Development shall preside over and coordinate with the Director of the Department of Justice to review and select individuals and organizations meeting the criteria and conditions, establish the application file for recognition of judicial experts by case and judicial expert organizations by case within their local management authority, submit to the Chairman of the Provincial People's Committee for issuance of decisions recognizing judicial experts by case and judicial expert organizations by case, publish on the Provincial People's Committee's electronic portal, and send to the Ministry of Justice and the Ministry of Agriculture and Rural Development.

5. The list of judicial experts by case and judicial expert organizations by case in the field of agriculture and rural development serves as the basis for competent authorities conducting litigation proceedings and persons authorized to conduct litigation proceedings to choose and decide on requesting appraisals.

6. Before October 31 each year, the Legal Affairs Department under the Ministry of Agriculture and Rural Development and the Department of Agriculture and Rural Development under the Provincial People's Committee shall organize the implementation of reviews, recognitions, cancellations of recognitions, updates, and publications of lists of judicial experts by case and judicial expert organizations by case within their management authority.

7. Cases of Cancellation of Recognition of Judicial Expert Organizations by Case and Judicial Experts by Case in the Field of Agriculture and Rural Development:

a) Judicial expert organizations by case no longer meet the criteria stipulated in Point b, Clause 1 of this Article;

b) Judicial experts by case no longer meet the criteria stipulated in Point a, Clause 1 of this Article or fall under one of the cases prescribed in Clause 2, Article 7 and Points d, đ, e, Clause 1, Article 10 of the 2012 Law on Judicial Appraisal as amended and supplemented by the Law Amending and Supplementing Certain Provisions of the 2012 Law on Judicial Appraisal in 2020.

8. Cancellation of Recognition of Judicial Experts by Case and Judicial Expert Organizations by Case by the Ministry of Agriculture and Rural Development

a) Heads of agencies and units directly managing judicial expert organizations by case and judicial experts by case shall be responsible for reviewing the cases stipulated in Clause 7 of this Article, submitting a document and a list of proposals clearly stating the reasons for cancellation of recognition to the Legal Affairs Department;

b) The Head of the Legal Affairs Department shall be responsible for presenting to the Minister of Agriculture and Rural Development for issuance of decisions canceling the recognition of judicial experts by case and judicial expert organizations by case within their management authority; adjusting the list, publishing on the Ministry of Agriculture and Rural Development's electronic portal, and sending to the Ministry of Justice.

9. Cancellation of Recognition of Judicial Experts by Case and Judicial Expert Organizations by Case at the Local Level

a) The head of the agency or unit directly managing shall organize judicial appraisal according to the case, the judicial appraiser according to the case shall be responsible for reviewing the cases stipulated in Clause 7 of this Article, submitting a document and list of requests, clearly stating the reasons for requesting cancellation of recognition to the Department of Agriculture and Rural Development;

b) The Director of the Department of Agriculture and Rural Development shall take the lead and coordinate with the Director of the Department of Justice to compile and submit to the Chairman of the Provincial People's Committee for a decision to cancel the recognition of the judicial appraiser according to the case, the judicial appraisal organization according to the case under their management; adjust the list and post it on the Provincial People's Committee's electronic information portal, send it to the Ministry of Justice and the Ministry of Agriculture and Rural Development.

10. Adjust the list when there is a change in information related to the judicial appraisal organization according to the case, the judicial appraiser according to the case in the field of agriculture and rural development;

a) The head of the unit specified in point a, Clause 8 of this Article shall submit a document clearly stating the information that needs adjustment to the Legal Affairs Department;

The Legal Affairs Department shall be responsible for submitting to the Minister of Agriculture and Rural Development for a decision to adjust the information of the judicial appraiser according to the case, the judicial appraisal organization according to the case under their management; update the list and post it on the Ministry of Agriculture and Rural Development's electronic information portal, send it to the Ministry of Justice;

b) The head of the agency or unit specified in point a, Clause 9 of this Article shall submit a document clearly stating the information that needs adjustment to the Department of Agriculture and Rural Development;

The Department of Agriculture and Rural Development shall compile and submit to the Chairman of the Provincial People's Committee for a decision to adjust the information of the judicial appraiser according to the case, the judicial appraisal organization according to the case under their management; update the list and post it on the Provincial People's Committee's electronic information portal, send it to the Ministry of Justice and the Ministry of Agriculture and Rural Development;

Chapter III

PROCEDURE FOR ORGANIZING AND IMPLEMENTING JUDICIAL APPRAISAL IN THE FIELD OF AGRICULTURE AND RURAL DEVELOPMENT

Article 10. Selection of individuals and organizations to conduct judicial appraisal

1. Based on the content, field, specialty required for appraisal and the list of judicial appraisers, the judicial appraiser according to the case, the judicial appraisal organization according to the case in the field of agriculture and rural development, the person requesting the appraisal or the person demanding the appraisal shall select an organization or individual suitable for the nature and content of the required appraisal to decide on the request for appraisal;

2. In the event that an organization or individual conducting judicial appraisal cannot be selected as prescribed in Clause 1 of this Article;

a) The competent authority conducting criminal proceedings, the person authorized to conduct criminal proceedings may request the introduction of an individual or organization not included in the list of judicial appraisers according to the case, the judicial appraisal organization according to the case in the field of agriculture and rural development to perform the appraisal and clearly state the reasons in writing;

b) The Legal Affairs Department under the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development under the Provincial People's Committee shall be responsible for selecting an individual or organization meeting the criteria and conditions stipulated in Clause 1 of Article 9 of this Circular, which is not included in the published list, and submit a document introducing the individual or organization to perform the appraisal;

c) In necessary cases, the competent authority conducting criminal proceedings, the person authorized to conduct criminal proceedings shall discuss with the introduced individual or organization about the content, deadline for appraisal, necessary information, materials, samples for the appraisal and other relevant issues (if any) before making a decision to request the appraisal.

Article 11. Acceptance of Judicial Appraisal Requests

1. The acceptance of request documents for direct appraisal in the agricultural and rural development sector shall be carried out as follows:

a) The organization receiving the direct request shall be responsible for accepting the request, assigning a person with appropriate professional qualifications and expertise to conduct the appraisal, ensuring their professional capacity, and notifying the requesting party and the party requesting the appraisal within five working days from the date of receipt of the request document;

b) The individual receiving the direct request shall be responsible for accepting the request and reporting to the directly managing agency or unit to arrange and create conditions for conducting the appraisal.

2. The acceptance of judicial appraisal requests for the Ministry of Agriculture and Rural Development shall be carried out as follows:

a) In the case of request documents for the Ministry of Agriculture and Rural Development

The Legal Department shall be responsible for leading and coordinating with agencies and units under the Ministry to select qualified individuals or organizations in the field of agriculture and rural development to carry out the requested appraisal content, submitting it for review by the Ministry's leadership, issuing a document assigning individuals or organizations to conduct the appraisal, and sending it to the requesting party within five working days from the date of receipt of the request document.

b) In the case of request documents for Departments, Bureaus, or equivalent agencies under the Ministry of Agriculture and Rural Development

The appraisal-requested unit shall base on the content of the appraisal request to select qualified individuals or organizations operating in the specialized field of the unit to carry out the requested judicial appraisal content, issuing a document assigning individuals or organizations to conduct the appraisal and sending it to the requesting party within five working days from the date of receipt of the appraisal request document, while also sending it to the Legal Department for monitoring.

3. The acceptance of judicial appraisal requests in the agricultural and rural development sector at the local level

The Department of Agriculture and Rural Development shall lead and coordinate with the Department of Justice and relevant agencies and units to organize the acceptance of requests and conduct appraisals according to the provisions of the Law on Judicial Appraisal and this Circular.

4. Cases of refusal to accept and conduct appraisals

a) Individuals or organizations conducting appraisals have the right to refuse to accept and conduct judicial appraisals in cases stipulated in Clause 2 of Article 11, Point b of Clause 1 of Article 24, and Article 34 of the Law on Judicial Appraisal 2012 amended and supplemented according to the Law amending and supplementing certain articles of the Law on Judicial Appraisal 2020, or if the content of the appraisal request does not fall within the scope of agriculture and rural development as specified in Article 3 of this Circular;

b) Refusal to conduct an appraisal must be in writing and clearly state the reasons for refusal. Within five working days from the date of receipt of the request decision, individuals or organizations conducting appraisals shall send a written refusal to the agency or the party requesting the judicial appraisal.

Article 12. Handover of Files and Objects Subject to Appraisal Requests

1. Individuals or organizations conducting appraisals shall cooperate with the requesting party to hand over and receive files, objects subject to appraisal, information, documents, items, and samples (if any).

2. The handover and receipt of files, objects subject to appraisal, information, documents, items, and samples (if any) shall be conducted either directly or through postal services and must be recorded in a protocol according to the model attached as Appendix III to this Circular.

3. In cases where files, objects subject to appraisal, information, documents, items, and samples (if any) are sealed, they must be carefully inspected before opening and a protocol for opening the seal must be established according to the model attached as Appendix IV to this Circular. Individuals or organizations conducting judicial appraisals have the right to refuse to accept them if the seal is found to be torn or shows signs of tampering.

4. The handover and receipt of objects subject to appraisal after the completion of the appraisal must be recorded in a protocol.

Article 13. Preparation for Judicial Appraisal

1. The person conducting the appraisal shall study the content of the request for judicial appraisal decision, the file, the object of appraisal, information, and documents to request the party requesting the appraisal to provide additional files, objects of appraisal, information, and necessary documents that are still lacking to serve the appraisal according to the content of the requested appraisal.

2. In cases where necessary, the person conducting the appraisal shall prepare an outline of the appraisal and send it to the requesting party to unify the implementation of the appraisal.

The forensic examination outline includes the following basic contents:

a) Object and scope of the appraisal; estimated time to complete the appraisal;

b) List of persons conducting the appraisal, persons assigned to lead the implementation of the appraisal, information about the qualifications, expertise, and experience of the individuals conducting the appraisal;

c) Determine the method of implementing the appraisal and the applicable professional standards;

d) Determine the survey of the object of appraisal and the necessary information and documents to serve the appraisal;

đ) Estimated list of laboratories, equipment, materials, and devices to be used (if any);

e) Estimate the costs of implementing the appraisal; advance funding, advance funding period;

g) Other conditions for implementing the appraisal.

3. In cases where there is a need for advance funding for the appraisal, the organization or individual conducting the appraisal shall submit a request for advance funding for the appraisal to the requesting agency. The agency requesting the judicial appraisal has the responsibility to review and implement the advance funding according to the request for the organization or individual conducting the appraisal.

Article 14. Implementation of Judicial Appraisal

1. The procedure for implementing judicial appraisal in the field of agriculture and rural development is carried out as follows:

a) Review the object of appraisal; Collect information and documents related to the content of the requested judicial appraisal;

b) Conduct the appraisal;

c) Building and issuing the Appraisal Conclusion;

d) Prepare the appraisal file.

2. The judicial appraiser, when conducting a judicial appraisal, has the right to use the results of supplementary experiments, tests, or expert conclusions made by other individuals or organizations with sufficient conditions and capabilities to serve the appraisal.

3. During the implementation of the appraisal, if new content or other issues arise, the individual or organization conducting the appraisal must immediately notify the requesting party in writing and agree on a solution.

4. The person conducting the appraisal must prepare a document recording the entire process of implementing the appraisal in accordance with Article 31 of the Law on Judicial Appraisal 2012 amended and supplemented in accordance with the Law amending and supplementing certain provisions of the Law on Judicial Appraisal 2020 and in accordance with the model attached as Appendix V issued together with this Circular.

Article 15. Judicial Appraisal Council in the Field of Agriculture and Rural Development

1. The Judicial Appraisal Council in the field of agriculture and rural development is decided to be established by the Minister of Agriculture and Rural Development to conduct a re-appraisal in accordance with Article 30 of the Law on Judicial Appraisal 2012 amended and supplemented in accordance with the Law amending and supplementing certain provisions of the Law on Judicial Appraisal 2020.

a) The Appraisal Council has at least three members and operates under the collective appraisal mechanism stipulated in Clause 3, Article 28 of the Law on Judicial Appraisal 2012 amended and supplemented in accordance with the Law amending and supplementing certain provisions of the Law on Judicial Appraisal 2020;

b) Members of the Appraisal Council are judicial appraisers, case-specific judicial appraisers, or individuals meeting the criteria specified in Article 6, Point a, Clause 1, Article 9 of this Circular, having high expertise suitable to the content of the requested appraisal, and having reputation in the relevant field.

2. The Head of the Legal Department leads and coordinates with the Heads of agencies and units under the Ministry to select members of the Appraisal Council, report to the Minister for establishing the Appraisal Council; monitor and urge the implementation of the appraisal by the Appraisal Council.

Article 16. Conclusion of Judicial Appraisal

1. The conclusion of the judicial appraisal must be in writing and include the contents stipulated in Clause 1, Article 32 of the Law on Judicial Appraisal 2012 amended and supplemented in accordance with the Law amending and supplementing certain provisions of the Law on Judicial Appraisal 2020 and in accordance with the model attached as Appendix VI issued together with this Circular.

2. In cases where the judicial appraiser is directly requested to conduct the appraisal, the appraisal conclusion must bear the signature and clearly state the full name of the judicial appraiser.

3. In cases where an agency or unit assigns someone to conduct the appraisal, the appraisal conclusion must bear the full signature and clearly state the full name of the judicial appraiser and have confirmation of the signature from the agency or unit where the judicial appraiser works.

4. In cases where an organization is directly requested to conduct the appraisal, in addition to the signature and full name of the appraiser, the head of the organization conducting the judicial appraisal must sign and stamp the appraisal conclusion. The organization requested to conduct the judicial appraisal must be responsible for its own judicial appraisal conclusion.

5. In cases where the Appraisal Council stipulated in Article 15 of this Circular conducts the appraisal or requests the Ministry of Agriculture and Rural Development to conduct the appraisal in accordance with Point a, Clause 2, Article 11 of this Circular, the Legal Department Head shall sign on behalf of the conclusion of the judicial appraisal.

6. Individuals or organizations requested to conduct the appraisal must submit the conclusion of the judicial appraisal to the requesting party immediately after issuance and retain the appraisal file.

7. The agency or person requesting the judicial appraisal has the responsibility to pay the appraisal costs to the judicial appraiser, judicial appraisal council in accordance with the law on appraisal costs.

Article 17. Establishing Judicial Appraisal Files

1. The judicial appraisal files in the field of agriculture and rural development belong to the group of files for resolving cases in specialized professional management activities shall be established, preserved, and stored in accordance with the provisions of Article 33 of the 2012 Law on Judicial Appraisal amended and supplemented according to the provisions of the 2020 Law Amending and Supplementing Certain Provisions of the 2012 Law on Judicial Appraisal, archival laws, and regulations of the agencies and units.

2. Individuals and organizations conducting forensic appraisals are responsible for establishing, preserving, and storing files uniformly, including the following main documents:

a) Decision requesting appraisal, supplementary decision requesting appraisal (if any), decision requesting re-appraisal (if any), and the object of appraisal, related information, documents, items, or comparison samples attached (if any);

b) Document assigning, appointing, or introducing individuals or organizations to conduct judicial appraisals; Decision establishing the Appraisal Board;

c) Appraisal outline (if any);

d) Forensic Appraisal Conclusion;

đ) Document recording the process of conducting the appraisal;

e) Previous appraisal conclusions or testing, experimental results of appraisals conducted by others (if any); Photocopies of appraisals (if any);

g) Files, documents, vouchers related to the use of services serving forensic appraisal (if any);

h) Protocols for handing over, receiving, opening sealed files, documents, items, and appraisal conclusions (if any);

i) Other relevant documents for the appraisal (if any).

Article 18. Providing Information on the Implementation of Judicial Appraisals

1. Quarterly, before the 25th day of the last month of each quarter, the organization requested for appraisal or the individual requested for appraisal shall be responsible for sending a notification document regarding the situation of receiving and implementing appraisals in the field of agriculture and rural development according to the model at Appendix VII issued together with this Circular to the agency specified in Clause 2 of this Article.

2. The Legal Affairs Department receives and compiles the notification documents of appraisal organizations under the Ministry of Agriculture and Rural Development; the Department of Agriculture and Rural Development receives and compiles the notification documents of local appraisal organizations.

3. The notification document shall be sent to the agency designated to receive reports as stipulated in Clause 2 of this Article through one of the following methods: Direct delivery; Delivery via postal service; Sending via fax; Sending via email system; Sending via specialized software system.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Implementation

1. The Legal Affairs Department is the main unit assisting the Minister of Agriculture and Rural Development in organizing the implementation of judicial appraisal work in the field of agriculture and rural development, and has the responsibility to:

a) Take the lead and coordinate with related units to organize the dissemination and popularization of laws on judicial appraisals, training, and enhancing knowledge of laws and appraisal skills for judicial appraisers in the field of agriculture and rural development;

b) Conduct mid-term reviews, summaries, evaluations, and report on the activities of judicial appraisals in the field of agriculture and rural development;

c) Advise and present to the Minister the organization of inspections and monitoring the enforcement of laws on judicial appraisals within their jurisdiction;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law.

2. The Department of Agriculture and Rural Development assists the People's Committee of the province in managing judicial appraisal work in the field of agriculture and rural development locally and has the responsibility to:

a) Assign units to act as the main liaison for the Department in managing judicial appraisal work in the field of agriculture and rural development within their jurisdiction;

b) Take the lead and coordinate with related agencies in organizing the enhancement of legal knowledge for judicial appraisers in the field of agriculture and rural development locally;

c) Cooperating with Departments of Justice in inspecting and auditing the implementation of laws on judicial appraisal, handling complaints and denunciations within their authority;

d) Proposing and implementing reward systems for individuals and organizations engaged in judicial appraisal according to the provisions of the law;

d) Annually report to the Ministry of Agriculture and Rural Development (through the Legal Affairs Department) and the People's Committee of the province (through the Department of Justice) on the organization and activities of judicial appraisals within their specialized management jurisdiction locally.

3. Responsibilities of agencies, units, and organizations operating in the field of agriculture and rural development

a) Have the responsibility to build human resources for judicial appraisals, ensuring time, equipment, means, and other necessary conditions for conducting appraisals;

b) Implement information and reporting as prescribed in this Circular;

c) Organize the establishment, management, and storage of appraisal files;

d) Carry out other tasks prescribed in this Circular.

Article 20. Transitional Provisions

1. Judicial Appraisers, case-based judicial appraisers, and case-based judicial appraisal organizations in the field of agriculture and rural development who have been appointed and recognized in accordance with the law before the effective date of this Circular, still meeting the criteria stipulated in Article 6, Clause 1 of Article 9 of this Circular, not falling into the cases stipulated in Clause 2 of Article 8 and Clause 7 of Article 9 of this Circular, shall not need to re-appoint judicial appraisers, recognize case-based judicial appraisers, and case-based judicial appraisal organizations according to this Circular.

2. Decisions requesting judicial appraisals received and implemented before the effective date of this Circular but without issuing appraisal conclusions shall continue to implement appraisals according to Circular No. 49/2014/TT-BNNPTNT dated December 23, 2014, of the Minister of Agriculture and Rural Development on judicial appraisals in the field of agriculture and rural development.

Article 21. Effective Date

1. This Circular takes effect from February 20, 2023.

2. This Circular replaces Circular No. 49/2014/TT-BNNPTNT dated December 23, 2014, of the Minister of Agriculture and Rural Development on judicial appraisals in the field of agriculture and rural development.

3. During the implementation of this Circular, if there are any difficulties, organizations and individuals are advised to reflect them to the Ministry of Agriculture and Rural Development (through the Legal Affairs Department) for consideration, guidance, and resolution./.