Circular No. 29/2025/TT-BNNMT on forensic examination in the agriculture and environment sector

CIRCULAR

Regulations on forensic examination in the fields of agriculture and environment

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

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

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

dated July 29, 2013 detailing and providing implementation measures for the Law on Forensic Examination; The Minister of Agriculture and Rural Development issues this Circular regulating forensic examination in the fields of agriculture and environment. This Circular regulates forensic examination in the fields of agriculture and environment, including:

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Legal Department;

1. Fields of forensic examination; professional standards applicable to forensic examination activities; time limit for forensic examination.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Forensic examiners, persons conducting forensic examination per case, organizations conducting forensic examination per case.

3. Procedures, responsibilities of organizations implementing 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.

2. The Ministry of Agriculture and Rural Development, the Department of Legal Affairs and specialized agencies under the Ministry of Agriculture and Rural Development; People's Committees, Departments of Agriculture and Rural Development of provinces and centrally governed cities and specialized agencies under Departments of Agriculture and Rural Development.

Article 2. Applicability

3. Agencies, persons requesting forensic examination, agencies, organizations, and individuals related to forensic examination activities in the fields of agriculture and environment.

Article 3. Fields of forensic examination

1. Crop production and plant protection;

2. Livestock breeding and veterinary science;

3. Forestry;

4. Salt industry;

5. Fisheries;

6. Irrigation;

7. Flood control and disaster prevention;

8. Food safety for agricultural, forestry, fisheries, and salt products;

9. Quality management for crop seeds, livestock, poultry, pets, tools, equipment, materials, products, services in agriculture, forestry, salt industry, and fisheries;

10. Storage, processing, transportation of agricultural, forestry, and fishery products;

11. Land;

12. Water resources;

13. Geology and mineral resources;

14. Environment;

15. Nature conservation and biodiversity;

16. Meteorology and hydrology;

17. Climate change;

18. Surveying, mapping, and geographic information;

19. Integrated management of natural resources and environmental protection in marine and island areas;

20. Remote sensing;

21. Management of investment and construction projects in specialized sectors within the fields of agriculture and environment.

Article 4. Professional Standards for Forensic Examination Activities

Professional standards applicable to forensic examination activities in the fields of agriculture and environment include legal normative documents, technical standards, specifications, technical regulations, economic and technical norms, and other types of professional standards.

Article 5. Time Limit for Forensic Examination

1. The maximum time limit for forensic examination in the fields of agriculture and environment is three months, except in cases provided for in Clause 2, Article 26a of the Law on Forensic Examination 2012, amended and supplemented in 2020, and Clauses 2 and 3 of this Article.

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.

3. The time limit for forensic examination may be extended but not more than half of the maximum time limit specified in Clause 1 or Clause 2 of this Article, at the decision of the agency requesting forensic examination in writing based on the proposal of the individual or organization conducting forensic examination.

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

5. The time limit for forensic examination is calculated from the date when the individual or organization conducting forensic examination receives the decision requesting forensic examination and receives all necessary files, objects to be examined, information, documents, items, samples for forensic examination. If additional files or documents are required as a basis for forensic examination, the individual or organization conducting forensic examination shall issue a written request to the agency or person who requested forensic examination to provide additional files or documents; the period from the issuance of the request to receipt of the additional files or documents is not included in the time limit for forensic examination.

FORENSIC EXAMINERS, PERSONS CONDUCTING FORENSIC EXAMINATION PER CASE, ORGANIZATIONS CONDUCTING FORENSIC EXAMINATION PER CASE IN THE FIELDS OF AGRICULTURE AND ENVIRONMENT

5. The period for judicial appraisal shall be calculated from the date on which the individual or organization conducting the judicial appraisal receives the request for judicial appraisal decision and receives all necessary files, objects to be appraised, information, documents, items, and specimens required for the judicial appraisal. In cases where additional files or documents are needed as a basis for the judicial appraisal, the individual or organization conducting the judicial appraisal shall issue a written request to the agency or person who requested the judicial appraisal to supplement the files and documents; the time from when the request is issued until the receipt of the supplementary files and documents shall not be included in the period for judicial appraisal.

Chapter II

JUDICIAL APPRAISER, PERSON CONDUCTING JUDICIAL APPRAISAL BY CASE, ORGANIZATION CONDUCTING JUDICIAL APPRAISAL BY CASE IN THE AGRICULTURE AND ENVIRONMENT SECTOR

Section 1. LEGAL EXPERTS

Article 6. Criteria for appointing legal experts

A Vietnamese citizen residing in Vietnam who is selected and considered for appointment as a legal expert in the fields of agriculture and environment must meet the following criteria:

1. Possess good health and moral character, not falling under any of the cases stipulated in Clause 2, Article 7 of the Legal Expert Appraisal Law.

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

3. Have at least five years of actual professional experience in the field of study or in the field specified in Article 3 of this Circular, calculated from the date of appointment to the civil service grade, public servant position, or signing a labor contract, and be suitable for the field of legal expert appraisal of the person being appointed as a legal expert.

Article 7. Appointment and Issuance of Legal Expert Cards

1. The application dossier for the appointment and issuance of legal expert cards in the fields of agriculture and environment includes:

a) A request for appointment and issuance of legal expert cards from the competent authority proposing the appointment of legal experts, which confirms that the proposed appointee meets the required professional activity period and the criteria set forth in Article 6 of this Circular, according to the model attached as Appendix I to this Circular;

b) Copies of academic certificates from bachelor's degree level or higher relevant to the proposed professional field; a recognition document from the competent authority regarding foreign educational institution certificates (if applicable);

c) A curriculum vitae of the proposed appointee (with confirmation from the competent authority); a criminal record certificate, except when the proposed appointee is a civil servant, public servant, military officer, police officer, professional soldier, or defense industry worker;

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).

2. Appointment and Issuance of Legal Expert Cards at the Ministry of Agriculture and Environment

a) Heads of agencies and units under the Ministry of Agriculture and Environment select individuals meeting the criteria, prepare the application dossier in accordance with the provisions of Clause 1 of this Article, and submit it to the Department of Legal Affairs;

b) The Department of Legal Affairs receives, reviews, compiles, and submits the application dossier for the appointment and issuance of legal expert cards to the Minister; if rejected, they notify in writing and specify the reasons; within twenty days from the date of receiving a complete and valid dossier, the Minister of Agriculture and Environment issues a decision on the appointment and issuance of legal expert cards;

c) The decision on the appointment and issuance of legal expert cards, along with the dossier, is returned to the Department of Legal Affairs after issuance. Within ten days from the date of receipt of the decision with the dossier, the Department of Legal Affairs, in coordination with the Ministry Office and related units, implements the issuance of legal expert cards;

d) The list of legal experts is sent to the Ministry of Justice and published on the Ministry of Agriculture and Environment’s electronic portal.

3. Appointment and Issuance of Legal Expert Cards at the Local Level

a) The Department of Agriculture and Environment takes the lead, coordinating with relevant agencies to organize the selection of individuals meeting the criteria for appointment as legal experts in the fields of agriculture and environment; receive, review applications for the appointment and issuance of legal expert cards within their jurisdiction; if rejected, notify the applicant in writing and specify the reasons; submit to the Chairman of the Provincial People's Committee;

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 decision on the appointment and issuance of legal expert cards, along with the dossier, is returned to the Department of Justice after issuance. Within ten days from the date of receipt of the decision with the dossier, the Department of Justice implements the issuance of legal expert cards;

d) The list of legal experts in the fields of agriculture and environment within their jurisdiction is published on the Provincial People's Committee’s electronic portal and simultaneously sent to the Ministry of Justice and the Ministry of Agriculture and Environment.

Article 8. Reissuing the Judicial Expert Identification Card

1. The Judicial Expert Identification Card shall be reissued in cases where the card has been lost, damaged (torn, dirty, faded), and cannot be used, or there has been a change in information recorded on the card.

2. The application dossier for reissuing the Judicial Expert Identification Card includes:

a) A written request for reissuing the Judicial Expert Identification Card from the agency or organization managing judicial experts, clearly stating the reasons for reissuing the card;

b) The previously issued Judicial Expert Identification Card that is damaged or has had changes to the recorded information;

c) Two recent color passport-sized photographs (2cm x 3cm) taken within the last six months of the person requesting the reissue of the Judicial Expert Identification Card.

3. Reissuing the Judicial Expert Identification Card at the Ministry of Agriculture and Rural Development

a) The Legal Department receives the application dossier for reissuing the Judicial Expert Identification Card; within ten days from the date of receiving the application dossier, the Legal Department submits to the Minister of Agriculture and Rural Development for a decision to reissue the Judicial Expert Identification Card; if rejected, a written notification with the reasons must be provided;

b) Within ten days from the date of receiving the complete application dossier for reissuing the Judicial Expert Identification Card, the Minister issues a decision to reissue the Judicial Expert Identification Card;

c) The decision to reissue the Judicial Expert Identification Card, along with the dossier, is returned to the Legal Department after issuance; within ten days from the date of receipt of the decision with the dossier, the Legal Department, in coordination with the Ministry's Office and related units, implements the reissuance of the identification card for judicial experts.

4. Reissuing the Judicial Expert Identification Card at the local level

a) The Department of Agriculture and Rural Development takes the lead in receiving and checking the application dossier for reissuing the Judicial Expert Identification Card; in coordination with the Department of Justice, it submits to the Chairman of the Provincial People's Committee for a decision to reissue the Judicial Expert Identification Card within ten days from the date of receiving the application dossier; if rejected, a written notification with the reasons must be provided;

b) Within ten days from the date of receiving the complete application dossier for reissuing the Judicial Expert Identification Card, the Chairman of the Provincial People's Committee makes a decision to reissue the Judicial Expert Identification Card;

c) The decision to reissue the Judicial Expert Identification Card, along with the dossier, is returned to the Department of Justice after issuance; within ten days from the date of receipt of the decision with the dossier, the Department of Justice implements the reissuance of the identification card for judicial experts in the field of agriculture and rural development.

Article 9. Dismissal and Revocation of the Judicial Expert Identification Card

1. When a judicial expert falls under any of the circumstances specified in Clause 1 of Article 10 of the Law on Judicial Expertise, the agency or organization responsible shall propose the dismissal of the judicial expert within its management authority.

2. The application dossier for dismissing a judicial expert in the field of agriculture and rural development includes:

a) A written proposal for dismissing a judicial expert from the agency or organization managing judicial experts, clearly stating the reasons for the proposal;

b) Documents or papers proving that the judicial expert falls under one of the circumstances specified in Clause 1 of Article 10 of the Law on Judicial Expertise, or a resignation letter from the judicial expert, for judicial experts who are civil servants or public officials, approval from the directly managing agency or organization is required;

c) The previously issued Judicial Expert Identification Card of the person proposed for dismissal.

3. Dismissal and Revocation of the Judicial Expert Identification Card 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 application dossier for dismissing a judicial expert within their management authority, retrieving the Judicial Expert Identification Card of the person proposed for dismissal, and sending it to the Legal Department;

b) The Legal Department takes the lead, coordinating with relevant agencies and units to receive and check the application dossier for dismissing a judicial expert; within ten days from the date of receiving the complete dossier, it submits to the Minister of Agriculture and Rural Development for a decision to dismiss the judicial expert and revoke the Judicial Expert Identification Card; adjusts the list of judicial experts, publishes it on the Ministry of Agriculture and Rural Development's online portal, and sends it to the Ministry of Justice.

4. Dismissal and Revocation of the Judicial Expert Identification Card in the field of agriculture and rural development at the local level

a) Heads of agencies and units are responsible for preparing the application dossier for dismissing a judicial expert within their management authority, retrieving the Judicial Expert Identification Card of the person proposed for dismissal, and sending it to the Department of Agriculture and Rural Development;

b) The Department of Agriculture and Rural Development takes the lead in receiving and checking the application dossier for dismissing a judicial expert; in coordination with the Department of Justice, it submits to the Chairman of the Provincial People's Committee for a decision to dismiss the judicial expert and revoke the Judicial Expert Identification Card within ten days from the date of receiving the complete and valid dossier;

c) The Department of Agriculture and Rural Development coordinates with the Department of Justice to implement the revocation of the Judicial Expert Identification Card, adjust the list of judicial experts, publish it on the Provincial People's Committee's online portal, send it to the Ministry of Justice, and the Ministry of Agriculture and Rural Development.

Section 2.

 JUDICIAL EXPERTS BY CASE AND ORGANIZATIONS OF JUDICIAL EXPERTISE BY CASE IN THE FIELD OF AGRICULTURE AND RURAL DEVELOPMENT

Article 10. Individuals and organizations conducting judicial expertise on a case-by-case basis

1. Individuals and organizations conducting judicial expertise on a case-by-case basis in the agricultural and environmental sectors include:

a) Individuals who are Vietnamese citizens permanently residing in Vietnam; having good health and moral character; holding a bachelor's degree or higher and having at least five years of practical experience in the field of their education or the field specified in Article 3 of this Circular from the date of appointment to the civil service rank, public servant position, or signing a labor contract. In cases where individuals without a bachelor's degree but with deep knowledge and extensive practical experience in the required field may be selected as judicial experts on a case-by-case basis;

b) Organizations possessing legal personality; engaging in specialized activities consistent with the content requested for expertise; having conditions regarding professional staff and material resources to ensure the implementation of judicial expertise.

2. Individuals and organizations meeting the criteria stipulated in Clause 1 of this Article may be selected, recognized as judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis, or assigned to carry out judicial expertise based on requests for judicial expertise from competent investigative authorities or persons authorized to conduct investigations.

Article 11. Recognition of judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis

1. The application dossier includes: the recognition request document and the list of judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis, according to the model attached as Appendix I to this Circular.

2. Recognition of judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis by the Ministry of Agriculture and Rural Development

a) Heads of agencies and units under the Ministry of Agriculture and Rural Development are responsible for reviewing and selecting individuals and organizations within their jurisdiction that meet the standards and conditions stipulated in Clause 1 of Article 10 of this Circular; submitting the recognition application dossier to the Legal Department;

b) The Legal Department is responsible for receiving, examining the dossier, and presenting it to the Minister of Agriculture and Rural Development for a decision to recognize judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis within their jurisdiction; publishing on the Ministry of Agriculture and Rural Development’s electronic portal, sending to the Ministry of Justice.

4. Recognition of judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis by localities

The Department of Agriculture and Rural Development takes the lead, coordinating with relevant agencies and units to review and select individuals and organizations that meet the standards and conditions stipulated in Clause 1 of Article 10 of this Circular; compiling the recognition application dossier for judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis within their jurisdiction; leading and coordinating with the Department of Justice to present to the Chairman of the Provincial People's Committee for a recognition decision; publishing on the Provincial People's Committee’s electronic portal, sending to the Ministry of Justice, the Ministry of Agriculture and Rural Development.

Article 12. Revocation of recognition of judicial experts on a case-by-case basis, organizations conducting judicial expertise on a case-by-case basis

1. Cases for revoking recognition of individuals and organizations conducting judicial expertise on a case-by-case basis in the agricultural and environmental sectors

a) Judicial experts on a case-by-case basis no longer meet the criteria stipulated in point a of Clause 1 of Article 10 of this Circular or fall under one of the circumstances specified in points b, c, d, đ, e of Clause 1 of Article 10 of the Law on Judicial Expertise;

b) Organizations conducting judicial expertise on a case-by-case basis no longer meet the criteria stipulated in point b of Clause 1 of this Circular.

2. Heads of agencies and units directly managing individuals and organizations conducting judicial expertise on a case-by-case basis as stipulated in this Article are responsible for reviewing and preparing the dossier for revoking recognition, including:

a) A document requesting revocation of recognition, clearly stating the reasons;

b) A list of individuals and organizations conducting judicial expertise on a case-by-case basis whose recognition is revoked.

3. The Legal Department is responsible for receiving, examining the dossier for revoking recognition; presenting to the Minister of Agriculture and Rural Development for a decision to revoke recognition of individuals and organizations conducting judicial expertise on a case-by-case basis within their jurisdiction; adjusting the list, publishing on the Ministry of Agriculture and Rural Development’s electronic portal, sending to the Ministry of Justice.

4. The Department of Agriculture and Rural Development is responsible for receiving, examining the dossier for revoking recognition of individuals and organizations conducting judicial expertise on a case-by-case basis in the agricultural and environmental sectors in localities; leading and coordinating with the Department of Justice to present to the Chairman of the Provincial People's Committee for a decision to revoke recognition of individuals and organizations conducting judicial expertise on a case-by-case basis within their jurisdiction; adjusting the list, publishing on the Provincial People's Committee’s electronic portal, sending to the Ministry of Justice, the Ministry of Agriculture and Rural Development.

Article 13. Adjustment of Information for Judicial Appraisal Organizations in Agricultural and Environmental Cases

1. When there is a change in the information of individuals or organizations conducting judicial appraisals in agricultural and environmental cases that have been recognized in the field of agriculture and environment, the head of the direct managing agency or unit shall propose in writing to adjust the relevant information.

2. The Director of the Legal Affairs Department, acting on behalf of the Minister of Agriculture and Rural Development, issues a decision to adjust the information of individuals or organizations conducting judicial appraisals within their jurisdiction; updates the list and publishes it on the Ministry of Agriculture and Rural Development's electronic portal, and sends it to the Ministry of Justice.

3. The Director of the Department of Agriculture and Rural Development shall submit to the Chairman of the Provincial People's Committee a decision to adjust the information of individuals or organizations conducting judicial appraisals within their jurisdiction; updates the list and publishes it on the provincial people's committee's electronic portal, and sends it to the Ministry of Agriculture and Rural Development and the Ministry of Justice.

Chapter III

IMPLEMENTATION OF JUDICIAL APPRAISALS IN THE FIELD OF AGRICULTURE AND ENVIRONMENT

Section 1.

PROCEDURES FOR IMPLEMENTING JUDICIAL APPRAISALS

Article 14. Acceptance of Requests for Appraisal, Selection, Assignment, and Dispatch of Individuals and Organizations to Conduct Judicial Appraisals

1. In cases where requests for judicial appraisals are directly made to specialized agencies, organizations, or individuals operating in the field of agriculture and environment.

a) Individuals directly requested have the responsibility to accept the request, report to the directly managing agency or unit to arrange and create conditions for the appraisal.

b) Agencies or organizations directly requested have the responsibility to accept the request, assign persons with appropriate professional qualifications and expertise to conduct the appraisal, be responsible for the professional qualifications of such persons, and notify the requesting party and the person requesting the appraisal within five working days from the date of receipt of the request document.

2. In cases where requests are made to the Ministry of Agriculture and Rural Development.

a) Within five working days from the date of receipt of the decision requesting the judicial appraisal, the Legal Affairs Department shall lead the selection of individuals or organizations to conduct the appraisal.

b) Upon the Legal Affairs Department's proposal, agencies or units under the Ministry of Agriculture and Rural Development shall select and dispatch individuals or organizations meeting the criteria and conditions stipulated in Clause 1 of Article 10 of this Circular to carry out the requested judicial appraisal. If beyond the time limit specified in point a of this clause, the Legal Affairs Department shall select and dispatch suitable individuals or organizations to conduct the judicial appraisal. The Director of the Legal Affairs Department, acting on behalf of the Minister of Agriculture and Rural Development, signs the dispatch document and sends it to the requesting agency or individual.

3. In cases where requests are made to the Department of Agriculture and Rural Development.

The Department of Agriculture and Rural Development shall be responsible for accepting the document requesting the judicial appraisal; selecting and dispatching individuals or organizations to conduct the judicial appraisal; sending the dispatch document to the requesting agency or individual within five working days from the date of receipt of the request document.

4. The document dispatching individuals or organizations to conduct judicial appraisals according to the case shall follow the model attached as Appendix II to this Circular.

Article 15. Handover of Files and Objects for Judicial Appraisal

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

Individuals and organizations conducting judicial appraisals may request the requesting party and related organizations and individuals to facilitate access to the objects subject to appraisal and provide necessary files and documents for the conduct of judicial appraisals.

2. The handover, opening of seals, transfer of the current status of files, objects subject to appraisal, information, documents, items, specimens (if any) shall be carried out directly or through postal services. In cases of direct handover, a record must be established according to the form set forth in Appendix III issued together with this Circular.

3. Where files, objects subject to appraisal, information, documents, items, specimens (if any) are sealed, they must be carefully inspected before being opened and a record of the opening of the seal must be made. Individuals and organizations conducting judicial appraisals have the right to refuse receipt if the seal is found to be torn or shows signs of alteration.

4. Where judicial appraisals are conducted based on appraisal files and documents, the individuals and organizations conducting judicial appraisals shall exchange and agree with the requesting party to prepare the necessary conditions to ensure the conduct of the appraisal.

5. Where the objects requiring appraisal, documents, items, specimens have large quantities, volumes, sizes, or cannot be moved, the competent authority conducting proceedings, the authorized person conducting proceedings, and the individuals and organizations conducting judicial appraisals shall agree on the method of handover, receipt, and manner of preserving the objects requiring appraisal, documents, items, specimens (if any) in accordance with the law to serve the conduct of judicial appraisals.

Article 16. Preparation for Judicial Appraisal

1. The individual conducting the judicial appraisal shall study the content of the request for judicial appraisal, the files, objects subject to appraisal, accompanying information, and documents to request the requesting party to provide additional necessary information and documents required for the appraisal as per the appraisal requirements.

2. If necessary, the individual conducting the judicial appraisal shall draft a plan for judicial appraisal and send it to the agency or the requesting party for agreement on the conduct of the judicial appraisal. The main contents of the plan for judicial appraisal include:

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

b) List of individuals conducting the appraisal, assistants to the judicial appraiser, information about the qualifications, expertise, and experience of the individuals conducting the appraisal;

c) Estimated methods of conducting the appraisal, applicable technical standards;

d) Estimated survey of the object of the appraisal and necessary information and documents for the conduct of the judicial appraisal;

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

e) Estimated costs of conducting the judicial appraisal; advance payment amount, advance payment period;

g) Other conditions for conducting the judicial appraisal.

Article 17. Implementation of forensic appraisal

1. The procedure for implementing forensic appraisal in the fields of agriculture and environment shall be regulated as follows:

a) Reviewing, evaluating, and collecting information and documents related to the content and object of the appraisal;

b) Conducting the appraisal: based on each content requested for forensic appraisal, the person conducting the appraisal studies, compares the case file, the object of the appraisal, relevant information and documents with applicable professional standards for forensic appraisal activities to provide comments and evaluations on each required appraisal content;

c) Building and issuing the Appraisal Conclusion;

d) Establishing and storing the appraisal file.

2. Forensic appraisers have the right to use the results of supplementary experiments, tests, or specialized conclusions from other individuals or organizations that meet the necessary conditions and capabilities when performing forensic appraisals.

3. Forensic appraisers must record all processes of conducting the appraisal in writing according to Article 31 of the Law on Forensic Appraisal and in accordance with the model attached as Appendix IV to this Circular.

4. During the implementation of forensic appraisal, if new content or other issues arise, the individual or organization conducting the appraisal must immediately notify the requesting party in writing and reach an agreement on the resolution plan.

Article 18. Forensic Appraisal Conclusion

1. The forensic appraisal conclusion must be recorded in writing and include contents as prescribed in Clause 1 of Article 32 of the Law on Forensic Appraisal and in accordance with the model attached as Appendix V to this Circular.

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

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

4. In cases where the Forensic Appraisal Council issues the forensic appraisal conclusion, in addition to the signatures and full names of the members of the Forensic Appraisal Council, the Director of the Legal Affairs Department acting on behalf of the Minister of Agriculture and Environment must sign and stamp to confirm the legal status of the Forensic Appraisal Council.

5. In cases where an individual is assigned to conduct the forensic appraisal, the forensic appraisal conclusion must bear the complete signatures and full names of the forensic appraiser and be confirmed by the signature of the agency or unit where the forensic appraiser works.

6. In cases where an organization is assigned to conduct the forensic appraisal, the signing of the forensic appraisal conclusion shall be carried out according to the provisions of Clause 3 of this Article.

The forensic appraisal conclusion must be sent to the agency or person requesting the forensic appraisal immediately after issuance and stored in the appraisal file. Direct handover and receipt of the forensic appraisal conclusion shall be documented in a protocol according to the model attached as Appendix VI to this Circular.

Article 19. Establishment of Forensic Appraisal File

1. The forensic appraisal file belongs to the group of files for resolving cases in professional management activities and shall be established, preserved, and stored according to the provisions of Article 33 of the Law on Forensic Appraisal, laws on archiving, and regulations of 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 to request forensic appraisal, supplementary decision to request forensic appraisal (if any), decision to request forensic appraisal again (if any), and the object of the appraisal, related information, documents, items, or comparison samples sent along (if any);

b) Documents assigning, appointing, or introducing individuals or organizations to conduct forensic appraisal; Decision to establish the Forensic Appraisal Council (if any);

c) Outline of forensic appraisal (if any);

d) Forensic Appraisal Conclusion;

đ) Document recording the process of conducting the appraisal;

e) Previous forensic appraisal conclusion or test results, experimental results of forensic appraisal conducted by other individuals or organizations (if any); Appraisal photo (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 documents related to forensic appraisal (if any).

Article 20. Supplementary forensic examination, re-forensic examination, and Forensic Examination Council

1. Supplementary forensic examination and re-forensic examination shall be carried out in cases prescribed in Article 29 of the Law on Forensic Examination. The supplementary forensic examination may be conducted by the organization or individual that has already performed the forensic examination or by another organization or individual. Re-forensic examination must be conducted by an organization or individual other than those who have previously conducted the forensic examination.

2. The Forensic Examination Council in the field of agriculture and environment shall be established by the Minister of Agriculture and Rural Development to conduct the second re-forensic examination as stipulated in Article 30 of the Law on Forensic Examination.

a) The Forensic Examination Council shall consist of at least three members who are forensic examiners as prescribed in Article 6 of this Circular or persons meeting the criteria prescribed in point a, Clause 1, Article 10 of this Circular, having high expertise relevant to the content of the forensic examination request, and being reputable in the field requiring examination. The Forensic Examination Council operates under the collective forensic examination mechanism prescribed in Clause 3, Article 28 of the Law on Forensic Examination;

b) The Legal Affairs Department shall take the lead and coordinate with agencies and units under the Ministry of Agriculture and Rural Development to select members of the Forensic Examination Council, submit to the Minister of Agriculture and Rural Development for decision to establish the Forensic Examination Council according to the model attached as Appendix VII to this Circular; monitor and urge the implementation of the examination by the Forensic Examination Council;

c) In special cases as prescribed in Clause 2, Article 30 of the Law on Forensic Examination, the re-forensic examination must be conducted by a new Forensic Examination Council, individuals who have participated in the previous forensic examination shall not join the Forensic Examination Council.

Section 2.

REPORT ON THE IMPLEMENTATION OF FORENSIC EXAMINATION AND EXPENSES, STIPENDS FOR FORENSIC EXAMINATION IN THE FIELD OF AGRICULTURE AND ENVIRONMENT

Article 21. Report on the Implementation of Forensic Examination

1. Annually, before June 15 and November 15, or in case of emergency, individuals and organizations conducting forensic examination in the field of agriculture and environment shall report on the situation of receiving and implementing forensic examination to the agency prescribed in Clause 2 of this Article for monitoring, summarizing, and reporting to competent authorities.

2. The Legal Affairs Department shall receive and compile reports from organizations and individuals conducting forensic examination under the Ministry of Agriculture and Rural Development; the Department of Agriculture and Rural Development shall receive and compile reports from organizations and individuals conducting forensic examination at the local level.

3. The report on the implementation of forensic examination in the field of agriculture and environment shall be made according to the model attached as Appendix VIII to this Circular and shall be submitted to the receiving agency through one of the following methods: direct submission; submission via postal service; submission via email; submission via specialized software system.

Article 22. Expenses and Stipends for Forensic Examination

1. Expenses for forensic examination in the field of agriculture and environment shall be implemented in accordance with the provisions of laws on forensic examination expenses and litigation costs.

Individuals and organizations conducting forensic examination shall determine the forensic examination expenses based on the object, content of the forensic examination request, and the workload required to be performed to reach an agreement with the requesting agency or person. The agreement on forensic examination between the requesting agency or person and the individual or organization conducting forensic examination can be made through a contract, document, or other appropriate form in accordance with the law.

2. The stipend for forensic examination shall be implemented in accordance with Decision No. 08/2025/QĐ-TTg dated April 4, 2025, issued by the Prime Minister regarding the stipend for forensic examination.

3. In cases where there is a need for advance payment of forensic examination expenses, the organization or individual conducting forensic examination shall submit a request for advance payment of forensic examination expenses to the requesting agency or person. The requesting agency or person shall be responsible for reviewing and implementing the advance payment according to the request for the organization or individual conducting forensic examination. The amount and progress of advance payment of forensic examination expenses shall be agreed and unified between the forensic examination organization or individual and the requesting agency or person.

4. Upon receipt of the forensic examination conclusion, the requesting agency or person shall be responsible for settling and finalizing the forensic examination expenses and stipends for the forensic examination organization or individual, and the Forensic Examination Council in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Circular takes effect from August 11, 2025.

2. This Circular replaces Circular No. 15/2021/TT-BTNMT dated August 31, 2021, issued by the Minister of Natural Resources and Environment regarding forensic examination in the field of natural resources and environment, and Circular No. 20/2022/TT-BNNPTNT dated December 22, 2022, issued by the Minister of Agriculture and Rural Development regarding forensic examination in the field of agriculture and rural development.

Article 24. Transitional Provisions

1. Judicial appraisers, case-specific judicial appraisers, and case-specific judicial appraisal organizations that have been appointed or recognized in the fields of agriculture and rural development, natural resources and environment according to the laws before this Circular takes effect, if they still meet the criteria, shall not need to re-appoint judicial appraisers, recognize case-specific judicial appraisers, or re-recognize case-specific judicial appraisal organizations according to this Circular.

2. Decisions on requesting judicial appraisals in the fields of natural resources and environment, agriculture and rural development that have been received and carried out before this Circular takes effect but have not yet issued appraisal conclusions shall continue to be implemented according to the provisions of Circular No. 15/2021/TT-BTNMT dated August 31, 2021 of the Minister of Natural Resources and Environment on judicial appraisal in the field of natural resources and environment and Circular No. 20/2022/TT-BNNPTNT dated December 22, 2022 of the Minister of Agriculture and Rural Development on judicial appraisal in the field of agriculture and rural development.

Article 25. Responsibilities for Implementation

1. The Legal Department assists the Minister of Agriculture and Environment in guiding and managing judicial appraisal work in the fields of agriculture and environment nationwide and is responsible for:

a) Organizing the dissemination and popularization of laws on judicial appraisal; guiding, training, and enhancing knowledge of laws and judicial appraisal practices for individuals and organizations engaged in judicial appraisal in the fields of agriculture and environment;

b) Implementing, monitoring, and urging judicial appraisal work of the Ministry of Agriculture and Environment; inspecting and supervising the implementation of laws on judicial appraisal within its management authority;

c) Organizing mid-term reviews, summaries, evaluations, and compiling reports on judicial appraisal activities in the fields of agriculture and environment;

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

2. Departments of Agriculture and Environment assist provincial People's Committees in summarizing, guiding, and managing judicial appraisal work in the fields of agriculture and environment within their jurisdictions and are responsible for:

a) Implementing judicial appraisal work under their management jurisdiction; assigning units to be the main point of contact for summarizing and managing judicial appraisal work under their management;

b) Taking the lead and coordinating with relevant agencies in organizing training on legal knowledge for judicial appraisers in the fields of agriculture and environment at the local level;

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;

e) Annually reporting to the Ministry of Agriculture and Environment (through the Legal Department) and the provincial People's Committee (through the Department of Justice) about the organization and activities of judicial appraisal under their management at the local level.

3. Responsibilities of specialized agencies in the fields of agriculture and environment

a) Based on specific conditions, issuing regulations on receiving, assigning, and conducting judicial appraisals in accordance with the laws on judicial appraisal and the provisions of this Circular;

b) Based on requirements and characteristics of the field, issuing technical standards, standards, technical regulations, economic and technical norms, and other specialized standards within their authority or submitting them for promulgation and application by competent authorities to serve judicial appraisal activities;

c) Building human resources for judicial appraisal, ensuring time, equipment, means, and other necessary conditions for conducting judicial appraisals;

d) Implementing information and reporting systems and establishing, managing, and archiving judicial appraisal files according to the provisions of the law.

4. Heads of units under the Ministry of Agriculture and Environment, Chairmen of People's Committees, Directors of Agriculture and Environment of centrally governed cities and provinces, and related agencies, organizations, and individuals are responsible for implementing this Circular./.