Circular 44/2014/tt-Btnmt: Regulations On Judicial Supervision In The Field Of Resources And Environment

Original Language Title: Thông tư 44/2014/TT-BTNMT: Quy định về giám định tư pháp trong lĩnh vực tài nguyên và môi trường

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The CIRCULAR regulates judicial expertize in the field of resources and the environment _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the judicial inspection on June 20, 2012;
Basing the Ordinance No. 02/2012/UBTVQH13 dated 28 March 2012 of the Standing Committee of the National Assembly on the cost assessment, valuation; expenses for witnesses, translator in the proceedings;
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 expertize in the field of resources and environment.
Chapter I GENERAL PROVISIONS article 1. Scope this regulation circulars on standards, records, appointment procedures, assessor; establish and publish the list of judicial appraiser, the examiner under the judicial authorities, according to the case; the procedure of election participants and established the judicial inspection Board of Examiners; Guide to apply professional standards for judicial inspection activities; inspection and fostering mode of judicial expertise 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 (hereafter referred to as the provincial level) and the organizations and individuals involved.
 
Chapter II standard, profile, PROCEDURES for APPOINTING, DISMISSING the ASSESSOR; ESTABLISH and PUBLISH the LIST of JUDICIAL APPRAISER, the EXAMINER UNDER the JUDICIAL AUTHORITIES, ACCORDING to the article 3. Assessor appointed by the standards of the judiciary 1. There are health, good moral qualities.
2. standard "University level" is to have graduated from University or equivalent or above due to the institution of Vietnam granted or recognised as equivalent to the University or universities in Vietnam under the provisions of the law on education and the international treaties to which the Socialist Republic of Vietnam is a Member in one of the following disciplines: a) land;
b) water resources;
c) geology, minerals;
d) environment;
Hydro-meteorological); climate change;
e) surveying and map;
g) Sea and Islands;
h) remote sensing;
I) field training more in line with professional positions are appointed.
3. Have direct working professionally in the field of training are prescribed in clause 2 of this continuously from 5 years from the date of appointment of the officer or servant, whether contracted labor.
Article 4. Records suggest appointing judicial staff assessment 1. The writer suggested the appointment of assessor of Justice heads the unit.
2. A copy of university diploma as defined in paragraph 2 of article 3 of this circular.
3. Resume and criminal Votes.
4. the Agency's certification unit to demonstrate real time professional activities of the person who recommended the appointment or proposed appointment of single people there.
Article 5. Procedure for appointing judicial staff assessment 1. Procedure for appointing judicial assessor in Ministry of natural resources and the environment: a) heads, The units of selection who are eligible for the provisions of article 3 of this circular, making the proposal to appoint judge justice send Service personnel of the Ministry of natural resources and the environment;
b) Director of the Organization Department, in coordination with the Director of the legislation review, select and process the Minister of natural resources and the environment appointed assessor of the judiciary.
2. procedure for appointing judicial staff examiners in local: Director of the Department of natural resources and the environment, in collaboration with the Director of the Department of Justice who have enough selection criteria defined in article 3 of this circular, set the record suggested the people's Committee Chairman granted the appointed assessor.
Article 6. Dismissing the assessor of the judiciary 1. The case is dismissed, records suggest dismissed the judicial assessor made under the provisions of paragraph 1 and item 2 article 10 of the law on the judicial inspection.
2. Every year, heads of agencies, subdivisions of the Ministry of environmental resources and recheck the records suggest that dismissal of judicial appraiser send Service personnel of the Ministry of natural resources and the environment.
Director of the Organization Department, in coordination with the Director of the legislation examined records, the Minister of natural resources and the environment, review the decision dismissing the judicial assessor in Ministry of natural resources and the environment.
3. The Director of the Department of natural resources and the environment, in collaboration with the Director of the Department of Justice records, suggest that people's Committee Chairman granted the province to review the decision, dismissing the assessor in local justice.
Article 7. Establish, publish, adjust the list of judicial appraiser; set, publish a list of the judicial inspection under incident, judicial authorities work 1. Establish, publish, adjust judicial assessor list a) assessor for justice by the Minister of natural resources and the environment appointed, dismissed: Service personnel set up and send the list of judicial appraiser to The Office to be posted on the Department's electronic portal at the same time sent to the Ministry of Justice to establish a common list.
Within a period of 3 (three) working days from receipt of the list, The Office is responsible for posting the list of judicial appraiser on the port, the Ministry's electronic information.
b) assessor for Justice in the area of natural resources and the environment due to the people's Committee Chairman granted the appointment, dismissal: Department of environment and natural resources has the responsibility to set up, adjust and submit the list of judicial appraiser to be posted on the electronic portal of the provincial people's Committee at the same time sent to the Ministry of Justice to establish a common list.
2. Set, publish a list of the judicial inspection under incident, judicial authorities work a) Who are eligible for the provisions of article 18 of the law on judicial organization, examiners are qualified under the provisions of paragraph 1 of article 19 of the judicial inspection Law was chosen to make a list of the judicial inspection work the judicial authorities, according to the case;
b) standard base defined in point a of this Paragraph, the heads of the agencies, subdivisions, The option, make a list of the examiner under the send Service personnel before October 1 of each year.
Director of the Organization Department, in coordination with the Director of the legislation review, the judicial examiner selection work of the judicial authorities, according to the incident, the Ministry decided to publish the list of the examiner under the judicial authorities, according to the case;
Service personnel send list of attached information statement of the examiner under the judicial authorities, according to the incident has been the leader decided to announce to The Office to be posted on the electronic portal of the Ministry under the provisions in article 23 , Article 24 of Decree No. 85/2013/ND-CP on July 29, 2013 of government regulation and details measures to enforce the law on the judicial inspection, and sent the Ministry of Justice to establish a common list.
c) Department of natural resources and environment is responsible for helping the people's Committee Chairman granted the establishment, published a list of the judicial inspection under incident, judicial authorities work in the field of resources and the environment under the control of local management to be posted on the electronic portal of the provincial people's Committee at the same time sent to the Ministry of Justice to establish a common list.
Chapter III PROCEDURE of ELECTION PARTICIPANTS and ESTABLISHED the JUDICIAL INSPECTION BOARD of EXAMINERS; APPLY PROFESSIONAL STANDARDS, INSPECTION and FOSTERING MODE of JUDICIAL EXAMINATION article 8. People join the judicial inspection 1. After receiving the requisition, the judicial inspection requirements with content in the scope of the Department's governance, Director of Legal Affairs, in coordination with the heads of agencies, related judicial assessor selection, the examiner under the proper referendum , request, proposals assessment form assessment is to assess individual or collective inspection under the provisions of article 28 of the law on the judicial inspection, the Ministry decided to send implementation assessment and evaluation forms.
2. in case of referendum, require judicial inspection with content that does not belong to the scope of the governance of the Ministry or the judicial inspection requirements are not yet in the right order, the procedure prescribed by the law, the legal Director of the Ministry of Justice and the judge refused to answer the referendum authorities examiner , who requested the assessment.
3. where the Agency, unit under the Ministry received referendum, requires expertise in the jurisdiction, agency heads, the unit is responsible for receiving and assigning people to assess the judiciary as specified by law.
4. Organization, who was assigned to the judicial inspection is responsible for receiving the content inspection requirements, referendum, conducted the assessment, conclusions about the content of the examiner and the Agency answer the examiner, the referendum requires the assessment of the judiciary as specified by law.
Unforeseen circumstances do not implement the judicial inspection, who was assigned to the judicial examiner must inform the Agency, the unit and stating the reason.
Article 9. Council inspection 1. Conditions established in the Board examination: a) the Council in the field of assessment of natural resources and the environment was established in the case prescribed in article 30 of the law on the judicial inspection;
b) Inspection Council in the field of resources and environment by the Minister of natural resources and the environment decided to set up.
2. Establishment of Board of Examiners:

a) Director of Legal Affairs, in coordination with the Director of the Organization Department of judicial appraiser selection, the examiner under the incident and officers, in line with The content of the referendum, required expertise, improve the profile of Ministers decided to set up the Council;
b) the composition, number of members and the mechanism of action of the Board of examiners made under article 30 of the law on the judicial inspection.
Article 10. Apply professional standards for judicial inspection activities; inspection and fostering mode of judicial inspection 1. Judicial inspection activities in the field of resources and the environment was made based on the professional standards in the field of resources and the current environment and the legal documents related to the content needs assessment.
2. The cost of judicial expertise in the field of resources and environment are collected, as prescribed by Ordinance No. 02/2012/UBTVQH13 dated 28 March 2012 of the Standing Committee of the National Assembly on the cost assessment, valuation; expenses for witnesses, translator in the proceedings; the text detailed regulations and the provisions of relevant laws.
Fostering mode of judicial expertise in the field of resources and environment made by decision No. 01/2014/QD-TTg dated January 1, 2014 the Prime Minister's regulation on fostering mode of judicial examination.
Chapter IV PROVISIONS article 11 ENFORCEMENT. Implementation 1. Legal services, in collaboration with Service personnel test, urging the implementation of this circular.
2. Every year, the results of operations base of the judicial inspection and the fact the costs of five years ago, the legislation set the estimates of funding the operation of the judicial inspection of the source backup funding from sending Service plans, Financial Services to aggregate into general budget estimation the decision authorized under the provisions of the law on the State budget.
Article 12. Effect 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./.