Circular No. 49/2014/TT-BNNPTNT on forensic appraisal in the agricultural and rural development sector

CIRCULAR

Provisions on forensic appraisal

in the agricultural and rural development sector

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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. 81/2014/NĐ-CP dated August 14, 2014 of the Government detailing some provisions of the Ordinance on Costs for Forensic Appraisal and Valuation; Costs for Witnesses and Interpreters in Proceedings;

At the request 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.

Chapter I

GENERAL PROVISIONS

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

This Circular stipulates the criteria for appointing and dismissing forensic appraisers; establishing and publishing lists of forensic appraisers for specific cases and organizations conducting forensic appraisals for specific cases; applying technical standards, procedures, and processes for conducting forensic appraisals; costs for forensic appraisals and the remuneration system for forensic appraisers in the agricultural and rural development sector.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to forensic appraisals in the agricultural and rural development sector.

Article 3. Content of forensic appraisal in the agricultural and rural development sector

Forensic appraisal in the agricultural and rural development sector includes forensic appraisal regarding procedures, processes, quality, and costs in activities within the agricultural and rural development sector.

Article 4. Technical Standards, professional standards appliedin forensic appraisal activities in the agricultural and rural development sector Technical standards and professional standards applied in forensic appraisal activities in the agricultural and rural development sector are national technical regulations and standards that are applied in agricultural and rural development activities according to the provisions of the law.

TECHNICAL STANDARDS, APPOINTMENT AND REMOVAL OF FORENSIC APPRAISERS

Chapter II

ESTABLISHMENT AND ANNOUNCEMENT OF THE LIST; OF FORENSIC APPRAISERS, INSPECTOR LEGAL SURVEILLANCE, Number………/CL-ORGAPPA

Article 5Appointment criteria for forensic appraisers For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.in agriculture and rural development

Forensic appraisers in the agricultural and rural development sector must meet the following criteria:

1. They must be Vietnamese citizens residing in Vietnam, in good health, and of good moral character.

2. They must hold a bachelor's degree or equivalent or higher.

3. Have at least five consecutive years of practical experience in professional activities in the agricultural and rural development sector.

4. Not fall under the circumstances specified in Clause 2, Article 7 of the Law on Forensic Appraisal.

Article 6Application for appointment of forensic appraisers

1. A letter requesting the appointment of a forensic appraiser from the head of the unit (Annex VI issued together with this Circular).

2. A copy of the bachelor's degree or higher certificate as prescribed in Clause 2, Article 5 of this Circular.

3. Curriculum vitae and Judicial Background Certificate.

4. A confirmation letter about the actual time spent in professional activities from the agency or organization where the person being proposed for appointment works, or a copy of the document from the agency or unit to prove the actual time spent in professional activities of the person being proposed for appointment.

Article 7. BAppointment of forensic appraisers

1. Procedure for appointing forensic appraisers at the Ministry of Agriculture and Rural Development:

a) The head of the agency or unit under the Ministry selects persons meeting the criteria set out in Article 5 of this Circular, compiles a list, and submits one set of application documents for the appointment of forensic appraisers in agriculture and rural development for each person proposed for appointment as prescribed in Article 6 of this Circular to the Legal Department.

b) The Legal Department takes the lead, in coordination with the Department of Organization and Cadre Affairs, examines the documents, selects, and submits to the Minister of Agriculture and Rural Development for a decision on the appointment of forensic appraisers within twenty days from the date of receipt of valid documents. In case of refusal to appoint, the Legal Department replies in writing and provides reasons to the proposing agency or unit.

2. Procedure for appointing forensic appraisers at the local level:

The Director of the Department of Agriculture and Rural Development takes the lead, in coordination with the Director of the Department of Justice, selects persons meeting the criteria set out in Article 5 of this Circular, compiles documents as prescribed in Article 6 of this Circular, and submits them to the Chairman of the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) for the appointment of forensic appraisers.

Article 8Removal of forensic appraisers

1. Cases of removal and application for removal of forensic appraisers in agriculture and rural development are implemented according to the provisions of Clause 1 and Clause 2, Article 10 of the Law on Forensic Appraisal.

2. Annually, the head of the agency or unit under the Ministry reviews and submits applications for removal of forensic appraisers to the Legal Department. The Legal Department takes the lead, in coordination with the Department of Organization and Cadre Affairs, checks the documents, and submits to the Minister of Agriculture and Rural Development for a decision on the removal of forensic appraisers within ten days from the date of receipt of valid documents.

3. Annually, the Director of the Department of Agriculture and Rural Development takes the lead, in coordination with the Director of the Department of Justice, checks the documents, compiles a list, and submits it to the Chairman of the Provincial People's Committee for a decision on the removal of forensic appraisers at the local level..

Article 9Establishment and announcement of the list Article 2. General provisions on economic and technical standards Article 1. Civil servants providing legal support working at public service units under the Ministry of Justice and public service units under the Department of Justice register to participate in the promotion examination for professional titles.

1. For forensic appraisers appointed and removed by the Minister of Agriculture and Rural Development:

The Legal Department compiles a list of forensic appraisers appointed and removed along with information about the forensic appraiser to be posted on the Ministry's website, and simultaneously sends it to the Ministry of Justice to compile a comprehensive list of forensic appraisers.

2. For forensic appraisers in the agricultural and rural development sector appointed and removed by the Chairman of the Provincial People's Committee:

The Department of Agriculture and Rural Development is responsible for compiling, adjusting, and submitting the list of forensic appraisers appointed and removed along with information about the forensic appraiser to be posted on the Provincial People's Committee's website, and simultaneously sends it to the Ministry of Justice to compile a comprehensive list of forensic appraisers.

Article 10. LAnnouncement of the list of forensic appraisers Article 1. Civil servants providing legal support working at public service units under the Ministry of Justice and public service units under the Department of Justice register to participate in the promotion examination for professional titles. by case, organization conducting forensic appraisal Article 1. Civil servants providing legal support working at public service units under the Ministry of Justice and public service units under the Department of Justice register to participate in the promotion examination for professional titles. by case

1. Persons meeting the criteria set out in Article 18 of the Law on Forensic Appraisal and organizations meeting the conditions set out in Clause 1, Article 19 of the Law on Forensic Appraisal may be selected to compile a list of forensic appraisers by case and organizations conducting forensic appraisals by case.

2. On the basis of the criteria stipulated in Clause 1 of this Article, the Heads of agencies and units under the Ministry shall select and prepare a list of officials, civil servants, employees, and organizations proposed to be persons conducting forensic examinations on a case-by-case basis, and submit it to the Department of Legal Affairs before October 1st each year.

The Department of Legal Affairs shall take the lead and coordinate with the Department of Cadre and Civil Service Organization to review and select persons conducting forensic examinations on a case-by-case basis, organizations conducting forensic examinations on a case-by-case basis, and report to the Minister for decision-making on the list of persons conducting forensic examinations on a case-by-case basis, organizations conducting forensic examinations on a case-by-case basis.

3. The Department of Legal Affairs shall send the list along with information about persons conducting forensic examinations on a case-by-case basis, organizations conducting forensic examinations on a case-by-case basis to the Information Technology and Statistics Center to publish on the Ministry's website in accordance with Articles 23 and 24 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examinations, while also sending it to the Ministry of Justice to establish a consolidated list.

4. The Department of Agriculture and Rural Development shall be responsible for selecting and preparing a list of persons conducting forensic examinations on a case-by-case basis, organizations conducting forensic examinations on a case-by-case basis in the field of agriculture and rural development within the jurisdiction of local management, and submit it to the Chairman of the Provincial People's Committee for publication of the list of persons conducting forensic examinations on a case-by-case basis, organizations conducting forensic examinations on a case-by-case basis, and publish it on the Provincial People's Committee's website, while also sending it to the Ministry of Justice to establish a consolidated list.

Chapter III

TPROCEDURES FOR FORENSIC EXAMINATIONS; COSTS OF FORENSIC EXAMINATIONS AND SUPPORT FOR FORENSIC EXAMINATIONS

LEGAL SURVEILLANCE AND THE SYSTEM OF LEGAL SURVEILLANCE SUPPORT

Article 11. Selection of individuals and organizations to conduct forensic examinations

1. The person requesting the forensic examination selects individuals and organizations conducting forensic examinations in the field of agriculture and rural development from the list that has been published in accordance with this Circular to carry out the examination in accordance with the nature and requirements of the case requiring examination.

2. In cases where individuals and organizations conducting forensic examinations cannot be selected from the list published in accordance with this Circular, the person requesting the forensic examination may request the Ministry of Agriculture and Rural Development or the competent state management agency in the field of agriculture and rural development at the local level to introduce individuals who meet the conditions stipulated in Article 5 of this Circular, Article 18 of the Law on Forensic Examinations, and organizations that meet the conditions stipulated in Clause 1 of Article 19 of the Law on Forensic Examinations to conduct the examination outside the published list.

Article 12. Acceptance of requests for forensic examinations Article 1. Civil servants providing legal support working at public service units under the Ministry of Justice and public service units under the Department of Justice register to participate in the promotion examination for professional titles.

1. When the person requesting the forensic examination or the person requesting the forensic examination sends the decision to request, the document requesting the forensic examination, the organization or individual requested to conduct the examination shall accept and organize the examination according to the content of the request, except in cases where they have the right to refuse in accordance with Clause 2 of Article 11, Point b of Clause 1 of Article 24 of the Law on Forensic Examinations, and in cases where they are not allowed to conduct forensic examinations in accordance with Clause 2 of Article 34 of the Law on Forensic Examinations.

The agreement to conduct the forensic examination between the party requesting the examination and the organization or individual conducting the examination shall be evidenced by a contract or other forms of written documents in accordance with the provisions of the law.

2. In cases where the organization or individual requested to conduct the examination refuses to conduct the examination, they must provide a written statement specifying the reasons in accordance with Clause 2 of Article 11 or Point d of Clause 2 of Article 24 of the Law on Forensic Examinations.

Article 13. Handover of objects subject to forensic examinations

1. In cases where the request for forensic examination includes the object to be examined, the handover of the object to be examined must be recorded in a protocol in accordance with the model prescribed in Point a of Clause 4 of Article 14 of this Circular.

2. In cases where the request for forensic examination does not include the object to be examined, the party requesting the examination, the individual or organization conducting the examination, and related parties must go to the scene of the case being requested to examine to record a protocol transferring the status of the object to be examined to the organization or individual conducting the examination.

3. The organization or individual conducting the examination may request the party requesting the examination and related parties to facilitate access to the object to be examined and provide necessary files and documents to serve the preparation of the examination plan and the conduct of the examination.

Article 14. Conducting forensic examinations

1. Individuals and organizations conducting forensic examinations shall prepare and submit to the party requesting the examination a draft plan for conducting the examination. The content of the examination plan shall include the following basic elements:

a) National technical standards and standards applied;

b) Object and scope of the examination;

c) List of forensic examiners conducting the examination, the person assigned to head the examination, and information about the qualifications of the head and other individuals conducting the examination;

d) Name of the organization and list of individuals hired to participate in the examination (in cases where organizations or individuals with appropriate qualifications are hired according to regulations to perform one or more parts of the examination);

đ) Methods of conducting the examination;

e) Laboratory equipment list, equipment list used (if applicable);

g) Costs of conducting the examination, estimated time to complete the examination;

h) Other conditions prescribed by law for conducting the examination.

If necessary, the organization or individual conducting the examination may request the party requesting the examination to conduct a preliminary survey of the object to be examined to serve the preparation of the examination plan, except where otherwise provided by law.

2. The party requesting the examination shall review the examination plan as the basis for conducting the examination. Depending on the nature of the case being requested, the party requesting the examination may seek the opinion of the state management agency in the field of agriculture and rural development regarding the contents of the examination plan.

3. The organization or individual conducting the examination shall notify the party requesting the examination in writing of any changes in personnel conducting the examination or other changes related to the process of conducting the examination.

4. The process of conducting forensic examination upon request or requirement must comply with the provisions of Article 3 of the Law on Forensic Examination and be recorded in writing according to a model form, including:

a) Model record of handover and receipt of case files, objects subject to examination (Annex I issued together with this Circular);

b) Model record of opening seals (Annex II issued together with this Circular);

c) Model record of the examination process (Annex III issued together with this Circular);

d) Model examination conclusion (Annex IV issued together with this Circular);

đ) Model record of handing over the examination conclusion (Annex V issued together with this Circular).

Article 15. Supplementary examination, re-examination

1. The person requesting or requiring examination may request supplementary examination if the content of the examination conclusion is unclear, incomplete, or when new issues arise related to the circumstances of the case that has been examined previously. The request for supplementary examination shall be conducted like the initial examination.

2. Re-examination shall be carried out in cases where there is evidence that the initial examination conclusion is inaccurate or in accordance with the provisions of Clause 2, Article 30 of the Law on Forensic Examination.

Article 16. Examination Board

1. The establishment of the Examination Board in the field of agriculture and rural development shall be implemented in cases where there is a difference between the initial examination conclusion and the re-examination conclusion regarding the same examination content and at the request of the person requesting the examination.

2. The Examination Board, established by the Minister of Agriculture and Rural Development, shall conduct the second re-examination.

3. Establishment of the Examination Board:

a) The Legal Affairs Department shall take the lead and coordinate with the Cadre and Civil Servant Organization Department to select judicial experts, examiners, and high-level staff within the Ministry who are suitable for the examination content requested, excluding those who have already conducted the initial examination; complete the file to submit to the Minister for approval to establish the Board;

b) The Examination Board shall consist of at least three members who are highly specialized and reputable in the relevant field. The Examination Board operates under the collective examination mechanism stipulated in Clause 3, Article 28 of the Law on Forensic Examination.

Article 17. Preparation and storage of forensic examination files

1. Forensic examination files in the field of agriculture and rural development include the documents and materials specified in Clause 1, Article 33 of the Law on Forensic Examination.

2. Forensic examination files in the field of agriculture and rural development shall be stored in accordance with the laws on archiving. Individuals and organizations conducting examinations are responsible for preserving and storing the examination files they prepare in accordance with the regulations and must present the examination files when required by investigative agencies, authorized personnel to resolve criminal, civil, or administrative cases.

Article 18. Costs for conducting forensic examination

Costs for conducting forensic examination in the field of agriculture and rural development shall be implemented in accordance with the Resolution No. 02/2012/UBTVQH13 dated March 28, 2012 of the Standing Committee of the National Assembly on examination and valuation costs; costs for witnesses and interpreters in proceedings, Decree No. 81/2014/NĐ-CP dated August 14, 2014 of the Government detailing certain provisions of the Resolution on Examination and Valuation Costs; costs for witnesses and interpreters in proceedings, Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of the Prime Minister on forensic examination allowance system, and other relevant legal provisions.

Article 19. Judicial Appraisal Allowance System

Persons conducting judicial appraisals in the agricultural and rural development sector shall enjoy the judicial appraisal allowance system as prescribed in Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of the Government Chairman on the judicial appraisal allowance system.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Implementation

1. The Legal Affairs Department shall take the lead and coordinate with the Cadre and Civil Servant Organization Department and other units under the Ministry to assist the Minister of Agriculture and Rural Development in performing the following tasks:

a) Advising the Minister to appoint, dismiss judicial appraisers, establish, publish, and remove from the list of persons conducting judicial appraisals on a case-by-case basis, and organize judicial appraisals on a case-by-case basis;

b) Advising the Minister to establish the Appraisal Council to conduct a second appraisal;

c) Introducing individuals and organizations meeting the conditions for conducting appraisals outside the published list when requested by the party requesting the appraisal;

d) Developing and implementing programs and plans for vocational training related to judicial appraisals in the agricultural and rural development sector, and legal knowledge for the team of judicial appraisers and case-by-case judicial appraisers;

đ) Inspecting and resolving complaints and denunciations regarding the organization and operation of judicial appraisals within the scope of management authority;

e) Guiding the implementation of judicial appraisals in the agricultural and rural development sector according to this Circular throughout the country;

g) Annually summarizing the organization and operation of judicial appraisals in the agricultural and rural development sector and submitting reports to the Ministry of Justice for consolidation and reporting to the Government.

2. The Cadre and Civil Servant Organization Department shall cooperate with the Legal Affairs Department to perform the following tasks:

a) Advising the Minister to appoint, dismiss judicial appraisers, establish the list of persons conducting judicial appraisals on a case-by-case basis, and organize judicial appraisals on a case-by-case basis;

b) Advising the Minister to establish the Appraisal Council to conduct a second appraisal.

3. The Information and Statistics Center shall be responsible for posting the list of judicial appraisers, persons conducting judicial appraisals on a case-by-case basis, and organizations conducting judicial appraisals on a case-by-case basis on the Ministry's electronic portal within three (3) days from the date of receipt of the list.

4. Heads of agencies and units under the Ministry shall be responsible for selecting persons meeting the criteria stipulated in Article 5 of this Circular, preparing nomination files for the appointment of judicial appraisers; reviewing and preparing files for the dismissal of judicial appraisers to be submitted to the Legal Affairs Department.

Before October 1 each year, heads of agencies and units under the Ministry shall select and prepare lists of persons conducting judicial appraisals on a case-by-case basis and organizations conducting judicial appraisals on a case-by-case basis to be sent to the Legal Affairs Department.

5. Departments of Agriculture and Rural Development shall assist provincial People's Committees in performing the following tasks:

a) Advising the Chairman of the provincial People's Committee to appoint, dismiss judicial appraisers, establish, publish, and remove from the list of persons conducting judicial appraisals on a case-by-case basis, and organizations conducting judicial appraisals on a case-by-case basis in the agricultural and rural development sector at the local level;

b) Posting the list of persons conducting judicial appraisals and organizations conducting judicial appraisals on a case-by-case basis on the provincial People's Committee's electronic information website and compiling them to send to the Ministry of Justice for joint publication;

c) Introducing individuals and organizations meeting the conditions for conducting appraisals outside the published list when requested by the party requesting the appraisal;

d) Developing and implementing programs and plans for vocational training related to judicial appraisals in the agricultural and rural development sector, and legal knowledge for the team of judicial appraisers and case-by-case judicial appraisers at the local level;

đ) Inspecting and resolving complaints and denunciations regarding the organization and operation of judicial appraisals within the scope of management authority;

e) Guiding the implementation of judicial appraisals in the agricultural and rural development sector according to this Circular and relevant laws;

g) Reporting to the Ministry of Agriculture and Rural Development about the organization and operation of judicial appraisals in the agricultural and rural development sector at the local level before December 15 each year for consolidation and reporting to the Ministry of Justice.

Article 21. Effective Date 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

1. This Circular takes effect from February 9, 2015.

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals are advised to report to the Ministry of Agriculture and Rural Development (through the Legal Affairs Department) for appropriate amendments and supplements./.