Circular 45/2014/tt-Btnmt: Rules Of The Judicial Inspection Records And Samples Judicial Expertize In The Field Of Resources And Environment

Original Language Title: Thông tư 45/2014/TT-BTNMT: Quy định về hồ sơ giám định tư pháp và các mẫu giám định tư pháp trong lĩnh vực tài nguyên và môi trường

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The CIRCULAR regulates the judicial inspection records and samples of the judicial inspection in the field of resources and the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the judicial inspection on June 20, 2012;
Pursuant to Decree No. 85/2013/ND-CP on July 29, 2013 of government regulation and details measures to enforce the law on the judicial inspection;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
At the suggestion of the Director of the legislation, the Minister of natural resources and the environment issued a circular regulating the judicial inspection records and samples of the judicial inspection in the field of resources and environment.
Article 1. Scope this circular regulates the judicial inspection records and samples of the judicial inspection in the field of resources and environment.
Article 2. Application object 1. Public servants of the Ministry of natural resources and environment, Department of natural resources and environment of the province, the central cities.
2. Agencies, units of the Ministry of natural resources and the environment; The Department of natural resources and environment of the province, central cities and organizations, other individuals are related to judicial supervision in the field of resources and environment.
Article 3. Profile and samples of the judicial inspection 1. The records of the judicial inspection is the entire legal bases, report writing, noting the process evaluation, the conclusion and the other material relevant to the entire process of implementation of the activity evaluation.
2. the judicial inspection records in the field of resources and environment include: a) referendum documents, requires expertise and resources related to service on the assessment;
b) minutes of delivery, receipt, subject to referendum, asking judge follow the model No. 1 attached herewith;
c) minutes of opening the sealed follow model No. 2 attached to this circular;
d) judicial inspection conclusions follow model No. 3 attached to this circular;
DD) text noted the implementation of the assessment made under model number 04 attached herewith;
e) minutes of handing the judicial inspection conclusions made under model number 05 attached herewith;
g) other documents relevant to the assessment (if any).
Article 4. Receiving records referendum, required inspection 1. When receiving records request inspection, requisition in sealed condition then must check carefully before opening the sealed. The process of opening the sealed to form a sealed opening in front of the individual or organization representative to perform the assessment and the referendum, required inspections. All information, happenings related to the process of opening the sealed must be recorded in the minutes and signed by the parties involved.
2. For the record, the referendum requires expertise that is not valid, the individual or organization be referendum, asked to perform inspections to answer in writing the agency or the referendum, asking and stating the reason.
3. The process of implementation of judicial inspection according to the referendum, required in the field of resources and environment to ensure compliance with the principles defined in article 3 of the law on the judicial examiner and established the text noted the timely, full, honest.
4. When making the assessment is complete, the individual, the organization performing inspections is responsible for leaving the examiner objects to the agency or the referendum, required inspection, unless the law otherwise.
Article 5. Terms of implementation 1. This circular effect since September 16, 2014.
2. Office, Director of Legal Affairs, Director of the Organization Department, heads of agencies, units of the Ministry of natural resources and environment, the Chairman of people's Committee of the province, central cities, the Director of the Department of natural resources and environment of the province, central cities and organizations individuals concerned is responsible for the implementation of this circular.
3. During implementation of this circular, if there are difficulties and obstacles, suggest the Agency, organization, personal reflections about the Ministry of natural resources and environment to consider, resolve./.