Circular No. 24/2013/TT-BTTTT on forensic examination in the field of information and communications

CIRCULAR

Provisions on forensic examination in the field of information and communication

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

Based on Ordinance No. 02/2012/UBTVQH13 dated March 28, 2012 of the Standing Committee of the National Assembly on costs for forensic examination, valuation; costs for witnesses and interpreters in proceedings;

Based on Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examination;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Legal Department,

The Minister of Information and Communications Issuing this Circular to provide provisions on standards, files, procedures for appointing and dismissing forensic examiners, establishing and announcing lists of forensic examiners, case-specific forensic examiners, organizations conducting case-specific forensic examinations; procedures for appointing persons to participate in forensic examinations and forming forensic examination boards; guidance on applying professional standards for forensic examination activities; costs for forensic examinations and forensic examination allowance in the field of information and communication.

Chapter I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

This Circular provides provisions on standards, files, procedures for appointing and dismissing forensic examiners, establishing and announcing lists of forensic examiners, case-specific forensic examiners, organizations conducting case-specific forensic examinations; procedures for appointing persons to participate in forensic examinations and forming forensic examination boards; guidance on applying professional standards for forensic examination activities; costs for forensic examinations and forensic examination allowance in the field of information and communication.

Article 2. Applicability

1. Officials, civil servants, and employees under the Ministry of Information and Communications, Provincial Departments of Information and Communications under central cities.

2. Agencies and units under the Ministry of Information and Communications; Provincial Departments of Information and Communications under central cities and other relevant organizations and individuals.

Chapter II

STANDARDS, FILES, PROCEDURES FOR APPOINTING AND DISMISSING FORENSIC EXAMINERS, ESTABLISHING AND ANNOUNCING LISTS OF FORENSIC EXAMINERS, CASE-SPECIFIC FORENSIC EXAMINERS, ORGANIZATIONS CONDUCTING CASE-SPECIFIC FORENSIC EXAMINATIONS

FORENSIC EXAMINERS, CASE-SPECIFIC FORENSIC EXAMINERS, ORGANIZATIONS CONDUCTING CASE-SPECIFIC FORENSIC EXAMINATIONS

Article 3. Standards for appointing forensic examiners

1. The criteria for appointing forensic examiners shall be implemented according to the provisions of Clause 1, Article 7 of the Law on Forensic Examination.

2. The criterion "Having a bachelor's degree or higher" stipulated in Point b, Clause 1, Article 7 of the Law on Forensic Examination means having a bachelor's degree, master's degree, or doctoral degree issued by an educational institution in Vietnam (in cases where the bachelor's degree, master's degree, or doctoral degree is issued by an educational institution abroad, such degrees must be recognized in Vietnam in accordance with the laws on education and international treaties to which the Socialist Republic of Vietnam is a party), belonging to one of the following training fields:

a) Journalism;

b) Publishing (including: publishing, printing, distribution);

c) Postal services;

d) Telecommunications;

đ) Information technology;

e) Electronics;

g) Radio, Television;

h) Law;

i) Economics;

k) Other training fields suitable for the proposed appointment specialty.

3. The criterion "Having at least five years of practical experience in the field of study" stipulated in Point b, Clause 1, Article 7 of the Law on Forensic Examination means having directly worked in the specialized field stipulated in Clause 2 of this Article continuously for at least five years from the date of formal appointment to a civil service position or signing a formal labor contract.

Article 4. Procedures for appointing forensic examiners

1. Procedures for appointing forensic examiners at the Ministry of Information and Communications:

a) The head of the agency or unit under the Ministry selects persons meeting the criteria stipulated in Article 3 of this Circular, prepares a file to propose the appointment of forensic examiners, and sends it to the Department of Organization and Cadres.

b) The Director of the Department of Organization and Cadres takes the lead, coordinates with the Director of the Legal Department to review the dossier, select candidates, and submit to the Minister of Information and Communications for decision on the appointment of judicial forensic experts.

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

The Director of the Department of Information and Communications takes the lead, in coordination with the Director of the Department of Justice, selects persons meeting the criteria stipulated in Article 3 of this Circular, receives the file of the person proposing the appointment of forensic examiners as stipulated in Article 5 of this Circular, and proposes the provincial People's Committee Chairman to appoint forensic examiners.

Article 5. File for requesting appointment as a legal expert

1. A letter proposing the appointment of forensic examiners from the head of the unit or a request from the person proposing the appointment of forensic examiners.

2. A copy of the bachelor's degree or higher certificate as stipulated in Clause 2, Article 3 of this Circular.

3. Curriculum vitae and Judicial Background Certificate.

4. A confirmation letter about the actual time spent working in the specialized field from the agency or organization where the proposed appointee or the person making the request works; A copy of the document from the agency or unit to prove the actual time spent working in the specialized field by the proposed appointee or the person making the request.

Article 6. Dismissal of Judicial Appraisers

1. Cases of removal shall be carried out 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 Head of the Department of Organization and Cadres leads, in coordination with the Head of the Legal Department, to review the file, submit it to the Minister of Information and Communications for consideration and decision on dismissing forensic examiners at the Ministry of Information and Communications.

3. The Director of the Department of Information and Communications agrees with the Director of the Department of Justice, prepares a file to propose the provincial People's Committee Chairman to consider and decide on dismissing forensic examiners in the locality.

Article 7. Establishing and Announcing Lists of Judicial Appraisers, Case-based Judicial Appraisers, and Case-based Judicial Appraisal Organizations

1. Establishment and publication of list of judicial appraisers:

a) For judicial appraisers appointed by the Minister of Information and Communications:

- The Cadre and Civil Service Department shall establish and send the list of judicial appraisers to the Information Center for publication on the Ministry's electronic portal, while simultaneously sending it to the Ministry of Justice to compile a general list.

- The Information Center shall be responsible for posting the list of judicial appraisers on the Ministry's electronic portal within three days from the date of receipt of the list.

b) For judicial appraisers in the field of information and communications appointed by the Chairman of the Provincial People's Committee:

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

2. Establishment and publication of list of case-specific judicial appraisers and case-specific judicial appraisal organizations

a) Individuals meeting the criteria stipulated in Article 18 of the Law on Judicial Appraisal and this Circular, and organizations meeting the conditions stipulated in Clause 1 of Article 19 of the Law on Judicial Appraisal shall be selected to establish lists of case-based judicial appraisers and case-based judicial appraisal organizations.

b) Each year, the heads of departments and units under the Ministry shall select and establish lists of case-based judicial appraisers and submit them to the Cadre and Civil Service Department before October 1st. The Cadre and Civil Service Department shall take the lead and coordinate with the Legal Department to review the lists of case-based judicial appraisers, select organizations meeting the conditions, and propose to the Ministry's leadership for decisions to announce the lists of case-based judicial appraisers and case-based judicial appraisal organizations within the Ministry's jurisdiction.

The Cadre and Civil Service Department shall send the list along with information for announcing case-based judicial appraisers and case-based judicial appraisal organizations to the Information Center for publication on the Ministry's electronic portal according to Articles 23 and 24 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government, and simultaneously send it to the Ministry of Justice to compile a general list.

c) The Department of Information and Communications shall assist the Chairman of the Provincial People's Committee in establishing and announcing lists of case-based judicial appraisers and case-based judicial appraisal organizations in the field of information and communication within the local authority's jurisdiction for publication on the provincial People's Committee's electronic portal.

Chapter III

PROCEDURE FOR APPOINTING PERSONS TO PARTICIPATE IN JUDICIAL APPRAISAL AND FORMATION OF THE JUDICIAL APPRAISAL BOARD;

APPLICATION TECHNICAL STANDARDS SPECIALIZATION, APPRAISAL FEES AND APPRAISER SUBSIDIES

Article 8. Appointment of Persons to Participate in Judicial Appraisal

1. At the Ministry of Information and Communications:

a) In cases where the Ministry of Information and Communications receives requests for judicial appraisal that fall within the scope of its administrative management, the Legal Department Director shall take the lead and coordinate with the Cadre and Civil Service Department Director and the heads of related agencies and units to select appropriate judicial appraisers and case-based judicial appraisers based on the content of the request, propose the form of individual or collective appraisal as stipulated in Article 28 of the Law on Judicial Appraisal, and report to the Ministry's leadership for decisions on appointing persons to conduct the appraisal and the form of appraisal for the requested contents.

In cases where the request for judicial appraisal does not fall within the scope of the Ministry's administrative management, the Legal Department Director shall take the lead and coordinate with the Cadre and Civil Service Department Director to report to the Ministry's leadership to refuse the judicial appraisal and respond to the requesting agency.

b) In cases where agencies and units under the Ministry receive requests for appraisal within their jurisdiction, the heads of these agencies and units shall be responsible for receiving and assigning persons to conduct judicial appraisal in accordance with the law.

2. At the Provincial Departments of Information and Communications:

a) In cases where the Department of Information and Communications receives requests for judicial appraisal that fall within the scope of its administrative management, the Department Director shall select appropriate judicial appraisers and case-based judicial appraisers based on the content of the request, decide on the form of individual or collective appraisal as stipulated in Article 28 of the Law on Judicial Appraisal, and respond to the requesting agency with the list of persons assigned to conduct the appraisal and the form of appraisal for the requested contents.

b) In cases where the content of the appraisal does not fall within the scope of the Department's administrative management, the Department Director shall be responsible for refusing the judicial appraisal and responding in writing to the requesting agency.

3. Organizations and individuals assigned to conduct judicial appraisal shall be responsible for accepting the content of the request for appraisal, organizing the appraisal process, concluding on the appraisal contents, and responding to the requesting agency in accordance with the law. If they find themselves unable to conduct the assigned appraisal contents, organizations and individuals assigned to conduct the appraisal must refuse in writing. The refusal letter shall be sent to the person assigning the task and the requesting agency.

Article 9. Establishment of Appraisal Committees

1. Conditions for establishing the Appraisal Board:

a) An Appraisal Board in the field of information and communications shall be established in cases prescribed in Article 30 of the Law on Forensic Appraisal.

b) The Appraisal Board in the field of information and communications shall be established by the Minister of Information and Communications.

2. Establishing the Appraisal Board:

a) The Legal Department Director shall take the lead and coordinate with the Cadre and Civil Service Department Director to select appropriate judicial appraisers and case-based judicial appraisers based on the content of the request for appraisal, complete the file, and submit it to the Minister for a decision to establish the committee.

b) The composition, number of members, and operational mechanism of the Appraisal Board shall be implemented in accordance with Article 30 of the Law on Forensic Appraisal.

Article 10. Other protection scopesapplication qtechnical standards for appraisal activities; appraisal fees and appraisal subsidy systems

1. Judicial appraisal activities in the field of information and communications shall be carried out based on current technical standards in the field of information and communications (including national standards and national technical regulations in the field of information and communications) and relevant legal documents concerning the content to be appraised.

2. Appraisal fees in the field of information and communications shall be collected and expended in accordance with the provisions of Resolution No. 02/2012/UBTVQH13 dated March 28, 2012 of the Standing Committee of the National Assembly on appraisal fees, valuation fees; fees for witnesses and interpreters in proceedings; detailed implementing regulations and other relevant legal provisions.

The system of subsidies for judicial appraisals in the field of information and communications shall be implemented in accordance with Article 25 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government guiding the implementation of the Law on Judicial Appraisal.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11Based on the training plan and program, the training institution shall organize teaching activities according to the content and duration stipulated in Article 6 of this Circular. a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

1. The Legal Affairs Department shall take the lead and coordinate with the Cadres and Civil Servants Organization Department to guide and inspect the implementation of this Circular.

2. Annually, based on the judicial appraisal work plan of the Ministry and the actual costs of the previous year's appraisals, the Legal Affairs Department is responsible for coordinating with the Planning and Finance Department to prepare the budget estimate for the Ministry’s judicial appraisal activities to be included in the overall state budget draft, and submit it to the competent authority for decision in accordance with the State Budget Law.

3. The Director of the Office, Heads of the Legal Affairs Department, Heads of the Organization and Cadres Department, Heads of subordinate agencies and units under the Ministry, Chairpersons of People's Committees of centrally governed cities and provinces, Directors of Information and Communications Departments of centrally governed cities and provinces, and relevant organizations and individuals shall be responsible for implementing this Circular.

Article 12. Hiệnto effecitselffor implementation

This Circular takes effect from February 15, 2014, and replaces Circular No. 04/2010/TT-BTTTT dated January 19, 2010, issued by the Minister of Information and Communications, which stipulates standards, conditions, procedures, and formalities for appointing and relieving judicial appraisers, proposing lists of persons for specific cases; procedures for conducting appraisals and applying remuneration systems for judicial appraisals in the field of information and communications.

During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Information and Communications for necessary amendments and supplements to ensure compliance./.