Circular No. 44/2014/TT-BTNMT on forensic appraisal in the field of natural resources and environment

CIRCULAR

Regulations on forensic appraisal in the field of natural resources and environment

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

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

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. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular to regulate forensic appraisal activities in the field of natural resources and environment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards, files, procedures for appointing and dismissing forensic appraisers; establishing and announcing lists of forensic appraisers, persons conducting forensic appraisal on a case-by-case basis, organizations conducting forensic appraisal on a case-by-case basis; procedures for assigning persons to participate in forensic appraisal and forming an appraisal board; guidelines for applying specialized standards to forensic appraisal activities; costs of forensic appraisal and forensic appraisal allowance in the field of natural resources and environment.

Article 2. Applicability

1. Officials, civil servants, and employees under the Ministry of Natural Resources and Environment, Provincial Departments of Natural Resources and Environment.

2. Agencies and units under the Ministry of Natural Resources and Environment; Provincial Departments of Natural Resources and Environment (hereinafter referred to as provincial level) and other relevant organizations and individuals.

Chapter II

STANDARDS, FILES, PROCEDURES FOR APPOINTING AND DISMISSING FORENSIC APPRAISERS; ESTABLISHING AND ANNOUNCING LISTS OF FORENSIC APPRAISERS, PERSONS CONDUCTING FORENSIC APPRAISAL ON A CASE-BY-CASE BASIS, ORGANIZATIONS CONDUCTING FORENSIC APPRAISAL ON A CASE-BY-CASE BASIS APRAISERS; ESTABLISHING AND ANNOUNCING LISTS OF FORENSIC APPRAISERS, PERSONS CONDUCTING FORENSIC APPRAISAL ON A CASE-BY-CASE BASIS,ORGANIZATIONS CONDUCTING FORENSIC APPRAISAL ON A CASE-BY-CASE BASIST2. The standard "Having a bachelor's degree or higher" means having a bachelor's degree or equivalent issued by an educational institution in Vietnam or recognized as equivalent to a bachelor's degree or higher in Vietnam according to the laws on education and international treaties to which the Socialist Republic of Vietnam is a party, in one of the following specialized fields:

Article 3. Standards for appointing forensic examiners

1. Good health and moral character.

a) Land;

b) Water resources;

c) Geology and minerals;

d) Meteorology and hydrology; climate change;

d) Environment;

e) Surveying and mapping;

f) Sea and islands;

g) Remote sensing;

h) Other training fields suitable for the appointed professional position.

3. Having directly worked in the specialized field as trained as specified in Clause 2 of Article 3 of this Circular continuously for at least five years from the date of appointment to the civil service rank, employee rank, or signing a labor contract.

1. A letter requesting the appointment of a forensic appraiser from the head of the agency or unit.

Article 4. Files for Proposing the Appointment of Judicial Appraisers

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

4. A certificate from the agency or unit to prove the actual time spent working professionally by the person proposed for appointment or the person who has submitted a request for appointment.

3. Curriculum vitae and Judicial Background Certificate.

Article 5. Procedures for appointing forensic appraisers

1. Procedures for appointing forensic appraisers at the Ministry of Natural Resources and Environment:

a) The head of the agency or unit under the Ministry selects persons meeting the criteria set out in Article 3 of this Circular, prepares a file to propose the appointment of a forensic appraiser, and sends it to the Personnel Department of the Ministry of Natural Resources and Environment;

b) The Director of the Personnel Department takes the lead, in coordination with the Director of the Legal Affairs Department, examines the file, selects candidates, and submits them to the Minister of Natural Resources and Environment for decision on the appointment of a forensic appraiser.

The Director of the Department of Natural Resources and Environment leads, in coordination with the Director of the Department of Justice, to select persons meeting the criteria set out in Article 3 of this Circular, prepare a file, and propose the Chairman of the People's Committee at the provincial level to appoint a forensic appraiser.

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

The Director of the Department of Natural Resources and Environment shall take the lead and coordinate with the Director of the Department of Justice to select individuals who meet the criteria specified in Article 3 of this Circular, and prepare a dossier to propose the Chairman of the Provincial People's Committee to appoint judicial appraisers.

Article 6. Dismissal of Judicial Appraisers

1. The cases for dismissal and the dossier for proposing the dismissal of judicial appraisers shall be implemented in accordance with the provisions of Clause 1 and Clause 2 of Article 10 of the Law on Judicial Appraisal.

2. Annually, the head of the agency or unit under the Ministry of Natural Resources and Environment shall review and prepare the dossier to propose the dismissal of judicial appraisers to the Department of Organization and Cadres of the Ministry of Natural Resources and Environment.

The Director of the Department of Organization and Cadres shall take the lead, coordinate with the Director of the Legal Department to examine the dossier and submit it to the Minister of Natural Resources and Environment for consideration and decision on the dismissal of judicial appraisers within the Ministry of Natural Resources and Environment.

3. The Director of the Department of Natural Resources and Environment shall take the lead, coordinate with the Director of the Department of Justice to examine the dossier and propose the Chairman of the People's Committee of the province to consider and decide on the dismissal of judicial appraisers at the local level.

Article 7. Establishment, Publication, and Adjustment of Lists of Judicial Appraisers; Establishment and Publication of Lists of Persons and Organizations Conducting Judicial Appraisal Cases

1. Establishment, Publication, and Adjustment of Lists of Judicial Appraisers

a) For judicial appraisers appointed and dismissed by the Minister of Natural Resources and Environment:

The Department of Organization and Cadres shall establish and send the list of judicial appraisers to the Ministry Office for publication on the Ministry’s website, and simultaneously send it to the Ministry of Justice to compile a general list.

Within three working days from the date of receipt of the list, the Ministry Office shall be responsible for publishing the list of judicial appraisers on the Ministry’s website.

b) For judicial appraisers in the field of natural resources and environment appointed and dismissed by the Chairman of the People's Committee of the province:

The Department of Natural Resources and Environment shall be responsible for establishing, adjusting, and sending the list of judicial appraisers for publication on the provincial People's Committee’s website, and simultaneously send it to the Ministry of Justice to compile a general list.

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 organizations meeting the conditions stipulated in Clause 1 of Article 19 of the Law on Judicial Appraisal may be selected to establish lists of persons conducting judicial appraisal cases and organizations conducting judicial appraisal cases.

b) Based on the criteria stipulated in Point a of this Clause, the heads of agencies and units under the Ministry shall select and establish lists of persons conducting judicial appraisal cases and submit them to the Department of Organization and Cadres before October 1st each year.

The Director of the Department of Organization and Cadres shall take the lead, coordinate with the Director of the Legal Department to examine and select persons conducting judicial appraisal cases and organizations conducting judicial appraisal cases, and submit them to the Ministry Leadership for decision on the publication of lists of persons conducting judicial appraisal cases and organizations conducting judicial appraisal cases.

The Department of Organization and Cadres shall send the list along with information about the publication of persons conducting judicial appraisal cases and organizations conducting judicial appraisal cases, which have been decided to be published by the Leadership, to the Ministry Office for publication on the Ministry’s website in accordance with Article 23 and Article 24 of Decree No. 85/2013/ND-CP dated July 29, 2013 of the Government detailing and providing measures to implement the Law on Judicial Appraisal, and simultaneously send it to the Ministry of Justice to compile a general list.

c) The Department of Natural Resources and Environment shall be responsible for assisting the Chairman of the People's Committee of the province to establish and publish lists of persons conducting judicial appraisal cases and organizations conducting judicial appraisal cases in the field of natural resources and environment under the management authority of the locality for publication on the provincial People's Committee’s website, and simultaneously send it to the Ministry of Justice to compile a general list.

Chapter III

PROCEDURE FOR APPOINTING PERSONS TO PARTICIPATE IN JUDICIAL APPRAISAL AND ESTABLISHING THE JUDICIAL APPRAISAL BOARD;APPLICATION OF SPECIAL STANDARDS, APPRAISAL FEES,AND APPRAISER SUBSIDIES

Article 8. Appointment of persons to participate in judicial appraisal

1. After receiving requests for judicial appraisal within the scope of management of the Ministry, the Head of the Legal Department shall take the lead in coordinating with the heads of relevant agencies and units to select judicial appraisers and judicial experts suitable for the content of the request for appraisal, propose the form of individual or collective appraisal according to Article 28 of the Law on Judicial Appraisal, and submit to the Ministry's leadership for decision on appointing persons to conduct the appraisal and the form of appraisal.

2. In cases where the content of the request for judicial appraisal does not fall within the scope of management of the Ministry or the request for judicial appraisal does not comply with the prescribed procedures and formalities under the law, the Head of the Legal Department shall submit to the Ministry's leadership for refusal of the judicial appraisal and respond to the requesting agency or person.

3. Where agencies and units under the Ministry receive requests for judicial appraisal within their jurisdiction, the heads of such agencies and units shall be responsible for accepting and assigning persons to conduct judicial appraisal in accordance with the law.

4. Organizations and persons assigned to conduct judicial appraisal shall be responsible for accepting the content of the request for appraisal, organizing the appraisal, concluding on the appraisal contents, and responding to the requesting agency or person in accordance with the law.

In case of force majeure preventing the organization from conducting the judicial appraisal, the person assigned to conduct the judicial appraisal must notify the agency or unit and specify the reasons.

Article 9. Establishment of the Appraisal Board

1. Conditions for establishing the Appraisal Board:

a) The Appraisal Board in the field of natural resources and environment shall be established in cases provided for in Article 30 of the Law on Judicial Appraisal;

b) The Appraisal Board in the field of natural resources and environment shall be decided to establish by the Minister of Natural Resources and Environment.

2. Establishing the Appraisal Board:

a) The Head of the Legal Department shall take the lead in coordinating with the Head of the Cadre and Civil Servant Organization Department to select judicial appraisers and judicial experts suitable for the content of the request for appraisal and cadres and civil servants of the Ministry, complete the file and submit to the Minister for decision to establish the board;

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 Judicial Appraisal.

Article 10. Application of professional standards for judicial appraisal activities; costs of judicial appraisal and remuneration system for judicial appraisal

1. Judicial appraisal activities in the field of natural resources and environment shall be carried out based on current professional standards in the field of natural resources and environment and related legal documents concerning the content to be appraised.

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

The remuneration system for judicial appraisal in the field of natural resources and environment shall be implemented in accordance with Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Implementation Organization

1. The Legal Department shall take the lead in coordinating with the Cadre and Civil Servant Organization Department to inspect and urge the implementation of this Circular.

2. Annually, based on the results of judicial appraisal activities and actual appraisal costs of the previous year, the Legal Department shall prepare a budget estimate for the Ministry's judicial appraisal activities from the contingency fund and submit it to the Planning Department and the Finance Department for consolidation into the general state budget, and submit to the competent authority for decision in accordance with the law on state budget.

Article 12. Effective Date

1. This Circular shall take effect from September 16, 2014.

2. The Director of the Office, Heads of the Legal Department, Heads of the Cadre and Civil Servant Organization Department, Heads of agencies and units under the Ministry of Natural Resources and Environment, Chairmen of People's Committees of provinces and centrally governed cities, Directors of Provincial Departments of Natural Resources and Environment of provinces and centrally governed cities, and organizations and individuals concerned shall be responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report to the Ministry of Natural Resources and Environment for consideration and resolution./.