Circular 12/2015/tt-Bkhđt: Guide To The Professional Standards In The Judicial Inspection Activities; The Procedure Of Election Participants Assessment Of Justice And Established The Judicial Inspection Board In V

Original Language Title: Thông tư 12/2015/TT-BKHĐT: Hướng dẫn về Quy chuẩn chuyên môn trong hoạt động giám định tư pháp; thủ tục cử người tham gia giám định tư pháp và thành lập Hội đồng giám định tư pháp trong lĩnh v

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DEPARTMENT OF PLANNING AND INVESTMENT
Number: 12 /2015/TT-BKHT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 27, 2015

IT ' S SMART

Guidelines for the Standards of expertise in judicial monitoring operation;

The procedure for the participation of the judiciary and the establishment of the Council.

the judicial examiner in the field of planning and investment

____________________

- What? Just keep the rules. Ah! Define the judiciary Hey. 20 th Ah! 6 n What? m 2012;

- What? Let ' s go. Stain. 85/20 1 3/ND-CP on July 29, 2013 of the Government Regulation All And the measure Ah! p the law of judicial oversight;

Root Come on Number Protocol 11 Six hundred. 8 /N Fuck! -CP 1 4 t Legs. 11 n What? The Government of the United States What? The mission, the mission, power and organizational structure of the Department of Planning v Oh. Private ()

On the recommendation of the Repository in The French case. Oh,

Repository in The Department of Planning and Investments. cell All right. This way g There. n in terms of expertise in Cough. Yes. t Fuck. There. Chief. Fuck. All right Yeah. law; procedure c Yeah. participant in the judicial examiner and established the Judicial Council of Planning in the field of planning and investment.

What? 1 . The adjustment range and the applicable object

1. This message rules the standard of expertise in judicial monitoring operation; reception of the referendum, the request for judicial oversight; filing, judicial examiner conclusions; the procedure for persons to participate in judicial supervision and the establishment of the Judicial Commission in the United States. the planning and investment sectors.

2. This information applies to organizations, individuals with regard to judicial oversight in the field of planning and investment.

What? 2. Apply the specialized procedure in judicial monitoring activity in the field of succession. Yes. c Oh. and investment

1. The standard of expertise applies to judicial monitoring activities in the field of planning and investment is the standards of investment appraisal, bidding, business registration, cooperative and other standards in the field of planning and investment.

2. For the non-regulation field, the monitoring of the base in the statutes of the rule of law provides for the area of the jurisdiction.

3. The judicial oversight in the field of planning and investment must be based on the law of law that takes effect at the time of the incident.

What? 3. Take on the referendum, y Hey. The bridge, the monitor. Fuck. Yes. Oh. the judiciary and the Yeah. - Yeah. i execute judicial examiner

1. At the Ministry of Planning and Investment:

a) The case of the referendum, which requires judicial supervision to be sent to the Ministry of Planning and Investment, the Law of the Presiding Officer, in coordination with the Minister of Units of the Ministry of the Ministry of Relevant Grounds, requires judicial oversight to select the judicial examiner. The standard is prescribed at Article 2 of the Digital Information. 07 /2014/TT-BKHT November 24, 2014 of the Ministry of Planning and Investment Guide some content on the judicial examiner in the field of planning and investment. The Organization of Public Affairs took over the case from the French case and performed the Minister of Planning and Investment Minister's Head of Justice.

The delivery, receiving the profile, the object object, the required request must be established in accordance with the prescribed pattern at the Appendix I of this Information;

b) When the object is accepted, the document is associated with the associated document or the accompanying comparison template (if any) in a sealed condition the unsealed one must check the seal before the seal is opened. The process of opening the sealing must be required by the person to execute the judge; the petier, the request for the examiner and the witness (if any). All information, acting related to the process of opening the sealing process must be inscribed on the border and has the signature signature of the participants, witnessed by the prescribed pattern at Annex II of this Wise;

c) The case of the referendum, which requires that the judicial examiner be content not subject to the scope of state management in the area of planning and investment, the Ministry of Planning and Investment (Case France) has a written refusal to accept the referendum, request the examiner to submit a referendum, The request of the request;

d) The case of a referendum, a request for a request for a referendum, requires direct access to the judicial examiner, the judicial examiner reports that the Chief Minister directly manages himself for deployment, facilitalization of the procedure.

2. At the Department of Planning and Investment; Board of Directors of Industrial Areas, Manufacturing Zones, Economic Zone:

a) The case of receiving a referendum, requiring judicial examiner to have content within the state of state management, director of the Department of Planning and Investment, Head of the Department of Industrial Sector, the manufacturing district, the economic zone of choice of judicial examiner, the judicial examiner In accordance with the case of a conforming of the referendum, the decision to be determined, the decision to be established as a personal judge or collective judge by regulation at Article 28 of the Law of Justice; answer to the referendum, the request for the judging of the list of persons. The division makes the monitoring and the form of the monitoring of the requiitation, the requirements;

b) The specified content case is not part of the state management, Director of the Department of Planning and Investment, Head of the Department of Industrial Sector, the manufacturing district, the economic zone responsible for refusing to judge the judiciary and respond in writing to the referendum body, I ask for you.

3. The person who is assigned to perform the judicial examiner is responsible for receiving the content of the referendum, the requirements for the examiner, the organization to implement the examiner, the conclusion of the regulatory content and the answer of the referendum, the examiner's request.

If the refusal to be specified in the case of the content needs to be specified beyond the professional capacity; the object of the judge, the relevant documents are provided not enough or no value to be concluded; the time is not sufficient to execute the judge or have. Otherwise, the refusal must be informed by the referendum, the person who asks for a written and clear reason.

What? 4. Oh. Legal examiner.

The judicial examiner's profile by the execution of the judiciary, including: the referendum decision, the document required by the decision; the text of the protocol, the filing, the record object, the required request; the document noted the process of execution; the image of the judge. determinate (if any); the previous predetermined conclusion or results of the test, the execution of the person is executed (if any) and other documents that are related to the entire process of execution of the operation, the judicial review conclusion.

What? 5. Legal examiner conclusions

1. The judicial examiner must establish a judicial jurisdiction in accordance with the provisions of Article 1 Article 32 of the judicial examiner.

2. The judicial examiner's conclusion must have the signature of the examiner or the head of the organization implementing the prescribed procedure at paragraph 2 Article 32 Judicial examiner Law.

3. conclusions of the judicial examiner, the table boundary concludes the judicial and document regulatory conclusions of the entire process of implementation of the specified implementation of the prescribed pattern at the Appendix III, IV and V of this Information.

What? 6. Oh. p Oh. An Fuck. Price Go. Define Yeah. legal

1. The Minister of Planning and Investment established the Council of Judicial Planning in the field of planning and investment in the event of a difference between the first decision-making and the conclusion of the resettlement of the same jurisdiction.

2. The establishment of the Judicial Council of Justice in the field of planning and investment made in accordance with the following regulation:

a) The Organization of the Presiding Officer, in conjunction with the French case of selecting the judicial examiner under the appropriate case with the appropriate content of the bridge, to complete the case, the Minister decided to establish the Council;

b) The judicial oversight council of at least 03 members are persons with expertise and experience in the field of need of supervision;

c) The Judicial Council of the Judicial Commission operates under the mechanism of the regulation of regulation at paragraph 3 Article 28 of the Judicial Regulatory Law.

What? 7. Effect of execution

1. This message has been in effect since December 15, 2015.

2. Chief of Staff, Chief of Staff Officer, Chief of Staff, Chief of the Legal Affairs, Head of State-related Units, Director of the Department of Planning and Investment of the Provinces, Central City, Head of Management of Industrial Areas, Instituto This is responsible for the organization's execution.

Minister.

(signed)

Hallelong