Circular No. 45/2014/TT-BTNMT stipulates on judicial appraisal files and sample judicial appraisals in the field of natural resources and environment.

CIRCULAR

Regulations on judicial appraisal files and forms

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 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 judicial appraisal files and forms in the field of natural resources and environment.

Article 1. Scope of Regulation

This Circular regulates judicial appraisal files and forms in the field of natural resources and environment.

Article 2. Applicability

1. Staff members of the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment of provinces and centrally governed cities.

2. Agencies and units under the Ministry of Natural Resources and Environment; Departments of Natural Resources and Environment of provinces and centrally governed cities and other organizations and individuals related to judicial appraisals in the field of natural resources and environment.

Article 3. Judicial Appraisal Files and Forms

1. A judicial appraisal file consists of all legal bases, minutes, documents recording the process of conducting the appraisal, the appraisal conclusion, and other relevant documents pertaining to the entire appraisal process.

2. Judicial appraisal files in the field of natural resources and environment include:

a) Request for and documents related to the case requesting the appraisal;

b) Minutes of handover and receipt of the file and objects subject to the request for appraisal, conducted according to Form No. 01 issued together with this Circular;

c) Minutes of unsealing conducted according to Form No. 02 issued together with this Circular;

d) Judicial appraisal conclusion conducted according to Form No. 03 issued together with this Circular;

đ) Documents recording the process of conducting the appraisal according to Form No. 04 issued together with this Circular;

e) Minutes of handover of the judicial appraisal conclusion conducted according to Form No. 05 issued together with this Circular;

g) Other relevant documents pertaining to the appraisal (if any).

Article 4. Receiving Requests for Appraisal

1. When receiving sealed requests for appraisal, before opening them, the seals must be carefully checked. The process of unsealing must be recorded in a minutes of unsealing witnessed by the individual or representative of the organization conducting the appraisal and the person requesting the appraisal. All information and events related to the unsealing process must be recorded in the minutes and signed by the parties involved.

2. For invalid requests for appraisal, the individual or organization requested to conduct the appraisal must respond in writing to the agency or person requesting the appraisal, stating the reasons.

3. The process of conducting judicial appraisals according to requests in the field of natural resources and environment must comply with the principles stipulated in Article 3 of the Law on Judicial Appraisal and be promptly, fully, and truthfully documented.

4. Upon completion of the appraisal, the individual or organization conducting the appraisal has the responsibility to return the object of the appraisal to the agency or person requesting the appraisal, except where otherwise provided by law.

Article 5. Implementation Provisions

1. This Circular takes effect from September 16, 2014.

2. The Director of the Office, Heads of the Legal Department, Organization and Cadre Affairs 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 Departments of Natural Resources and Environment of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

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