Circular 04/2013/tt-Bvhttdl: Standard Regulations, Records And Procedures Of Appointment, Dismissal Of Judicial Appraiser, Founded And Published The List Of Judicial Appraiser, The Examiner Held, Justice G. ..

Original Language Title: Thông tư 04/2013/TT-BVHTTDL: Quy định tiêu chuẩn, hồ sơ, thủ tục bổ nhiệm, miễn nhiệm giám định viên tư pháp, lập và công bố danh sách giám định viên tư pháp, người giám định tư pháp, tổ chức g...

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DEPARTMENT OF CULTURE-SPORTS AND TOURISM
Number: 04 /2013/TT-BVHTTDL
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 3, 2013

IT ' S SMART

Q Standard, profile, appointment procedure,

the judicial director, setting up and publication of the list of judicial directors,

the judicial examiner, the organization of the judicial examiner according to the incident;

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

The culture of the culture.

____________________

The Law base. G. The judiciary is dated June 20, 2012;

Base of Protocol 185 /2007/ND-CP 25th Ah! December 12, 2007 of the Government of Regulation v. Okay. function, mission, rule Okay. Limit and structure socket Ministry of Culture, Th. Okay. And the travel and travel.

On the recommendation of the Chief Justice ()

Minister of Culture, Sports and Tourism issued the criteria for regulating the cycle. Move. n, profile, appointment procedure, dismissal of judicial, legislative, and firm. Stain. list of gigs Ah! I ' m going to be a judge, I ' m a judge. socket Judicial examiner pursues to the incident; the procedure of sending participants to the judicial examiner and establishment of the council Oh. We ' re in the field of literature. Boob a Oh,

Chapter I

GENERAL REGULATION

What? 1. Ph Yes. Micro-tuning

The information provides for the standard, profile, appointment procedure, dismissal of the judicial examiner, and the publication of the list of judicial directors, the judicial examiner by the incident, the organization of judicial oversight in the case; the procedure for participants to oversee. The judiciary and the establishment of a board of directors in the field of culture.

What? 2. Subject applies

1. Officer, civil service, officials from the Ministry of Culture, Sports and Tourism, Department of Culture, Sports and Tourism.

2. The agencies, units of the Ministry of Culture, Sports and Tourism; the Department of Culture, Sports and Tourism.

3. The organizations, other individuals are involved.

Chapter II

STANDARD, PROFILE, APPOINTMENT PROCEDURE, DISMISSAL OF THE JUDICIAL EXAMINER,

SET AND PUBLISH LIST OF JUDICIAL EXAMINER, JUDICIAL EXAMINER,

THE ORGANIZATION OF JUDICIAL OVERSIGHT UNDER THE INCIDENT

What? 3. The standard of appointment of judicial examiner

1. The standard of appointment of the judicial examiner is executed by regulation at paragraph 1 Article 7 of the Judicial Regulatory Law.

2. The norm "has a higher degree of higher education" regulation at the point b paragraph 1 Article 7 of the Law of Judicial Regulation is to have a university diploma, a master ' s degree or a doctorate from a Vietnamese education facility (the case of graduate diploma, master's degree, It must be recognized in Vietnam by law of foreign education, in accordance with the laws of education and the international treaty that the Socialist Republic of Vietnam is a member of one of the institutions of training. The following:

a) Fine Art;

b) Fine arts;

c) The performing arts;

d) The art of hearing;

Vietnamese language and culture;

e);

g) Sociology and anthropology;

) Library;

i) Museum;

) Law;

l) Other disciplines that are relevant.

3. Standards "Have passed a practice of professional activity in the field trained for up to five years or more" regulation at point b 1 Article 7 of the Judicial Regulatory Law is directly working as a specialist in the specialization training in paragraph 2. All right, here's five years.

What? 4. The procedure of appointing the judicial examiner

1. The procedure of appointing the judicial examiner at the Ministry of Culture, Sports and Tourism:

a) the Minister of the Agency, the unit of the choice of eligible persons in Article 3 of this, the filing of a proposal to appoint a judicial director to the Organization of the Cadres;

b) The head of the presiding officer of the presiding officer, in coordination with the Chief Legal Affairs review of the case, the choice and the Minister of Culture, Sports and Tourism decided to appoint the judicial examiner.

2. The procedure of appointing a local judicial examiner:

The Director of the Department of Culture, Sports and Tourism, in collaboration with the Director of the Justice Department of selecting people with sufficient standards of regulation at Article 3 of this Information, take over the profile of the person offering to appoint the prescribed judicial examiner at Article 5 This Information, recommended Chairman of the Provincial People's Committee to appoint a judicial officer.

What? 5. Profile of the appointment of the appointment of the judiciary

1. The Convention offers to appoint the judicial examiner of the unit chief of the unit or the application of the offering to appoint the judicial examiner.

2. The copy of the college diploma goes up as specified in paragraph 2 Article 3.

3. Primary background and judicial logic.

4. The confirmation paper on the actual time of professional activity where the person is offered to appoint or have a petition for the appointment of the work.

What? 6. Free the judicial examiner

1. The dismissal cases, the filing of the dismissal of the judicial examiner for the prescribed execution by paragraph 1 and paragraph 2 Article 10 of the Law of Justice.

2. Head of the agency, the application of the Ministry of Filings to recommend the dismissal of the judicial examiner to the Office of the Cadres.

The head of the presiding officer, in coordination with the Chief Legal Officer of the Case, the Minister of Culture, Sports and Tourism review, decided to exempt the judicial director at the Ministry of Culture, Sports and Tourism.

3. Director of the Department of Culture, Sports and Tourism unified the opinion with the Director of the Department of Justice, filing a proposal for the Chair of the Provincial People's Committee to review, the dismissal of the local judicial examiner's dismissal.

What? 7. Set up, publish the list of judicial directors, judicial examiner according to the incident, the organization of judicial examiner under the incident

1. Set up, publish a list of judicial directors

a) For the examiner appointed by the Minister of Culture, Sports and Tourism appointed:

-The Organization of the Public Service and the list of judicial directors to the Center for Information Technology to post on the Ministry's Electronic Information Portal, while sending the Ministry of Justice to make a joint list.

-The Center for Information Technology is responsible for posting the list of judicial directors on the Ministry's Electronic Information Portal in the period 3 (three) days from the date of receiving the list.

b) For the judicial examiner appointed by the Chair of the Provincial People's Committee:

The Department of Culture, Sports and Tourism is in charge of the establishment, sending a list of judicial directors to post on the Electronic Information Portal of the Provincial People's Committee.

2. Set up, publish a list of judicial examiner under the incident, which organizes the judicial examiner under the jurisdiction of the Ministry of Culture, Sports and Tourism.

a) The person with sufficient standards of regulation at Article 18 of the Judicial Regulatory And Regulatory Law of this Act, the organization is eligible under the stipulation at paragraph 1 Article 19 of the Judicial Regulatory Law selected to list the judicial examiner on the case. work, the organization of judicial oversight in the case;

b) Every year, the Head of the Agency, the unit of the choice department, sets up a list of judicial examiner on the case of sending the Organization of Officers before March 1.

The Organization of the Presiding Officer, in coordination with the French Case of reviewing the list of judicial examiner under the incident, selected the organization to be eligible, the Department Leader announced the list of judicial examiner under the incident, the judicial examiner ' s organization. according to the incident;

c) The organization of the cadres sent an accompanying list of information about the organization of the monitoring, experience, competence of the judicial examiner under the incident, which organizes the judiciary under the incident to the Center for Information Technology to post on the Power Portal. The ministry of the ministry, while also sending the Ministry of Justice to form a common list.

Chapter III

THE PROCEDURE FOR THE PARTICIPATION OF THE JUDICIARY

AND THE BOARD OF DIRECTORS.

What? 8. Send a participant in the judiciary

1. At the Ministry of Culture, Sports and Tourism:

a) The case of the Ministry of Culture, Sports and Tourism received a judicial decision-based referendum that was subject to the Department of State management, the Chief of the Legal Affairs Minister, in coordination with the Chief of the Organization of the Public Officer and the Chief of the Agency, the related unit. select the judicial examiner, who is the judicial examiner in accordance with the appropriate case content appropriate case, proposing the formal form of a personal examiner or the collective director of the leadership of the decision to execute the judge and the form of oversight. I ' m going to see the spheres.

The case for the judicial examiner's sphere is not part of the Ministry's state management, the Chief of the Legal Affairs Minister, in coordination with the Chief of the Organization of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of the Department of State

b) The case of the organs, units of the Ministry of receiving the requisiation, request for the authority to be held by the authority to resolve, the chief minister, the unit responsible for receiving and distributing the person to carry out the judicial examiner under the rule of law.

2. At the Department of Culture, Sports and Tourism:

a) The case of the Department of Culture, Sports and Tourism received a judicial decision-based referendum within the State Administration of the Department, Director of the Department of Culture, Sports and Tourism selected the judicial examiner, the judicial examiner in accordance with the appropriate case. The content of the judging panel, the decision-making format is the individual judge or the collective judge; answers to the body-defined list of people who are assigned to make decisions and forms of monitoring of the requiitation;

b) The specified content case is not part of the state management scope of the Department, Director of the Department of Culture, Sports and Tourism responsible for refusing to judge the judiciary and respond in writing to the regulatory authority.

3. The assigned judicial examiner is responsible for receiving the content of the judging panel, the organization that performs the examiner, which concludes the regulatory content and answers the body of the judicial examiner on the regulation of the law. The perceived case could not be able to monitor the assigned content, who was assigned the judicial examiner to reject the text. The text refuses to be sent to the assigned person and the examiner's body.

What? 9. Set up the board of directors

1. The conditions of establishing a panel of directors:

a) The Council of Supervision in the field of culture is established in the case of regulation at Article 30 Judicial Regulatory Law;

b) The Council of Decisions in the field of culture led by the Minister of Culture, Sports and Tourism decided to establish.

2. Set up the board of directors:

a) The head of the Supreme Court, in collaboration with the Chief of the Organization of the Examiner selection, the judicial examiner in accordance with the case of the judging panel, finalization of the decision of the Minister's decision to form the council;

b) The composition, number of members and the operating mechanism of the board of directors is executed under Article 30 of the judicial regulatory law.

Chapter IV

THE ORGANIZATION.

What? 10. Organization Do

1. The Supreme Court, in collaboration with the Organization of Guide cadres, examines the implementation of this Information.

2. Head of the agencies, units of the Ministry, Director of the Department of Culture, Sports and Tourism of the Provinces, the Central City of the Central Committee is responsible for organizing this Information.

What? 11. Don't I Well, c

It has been in effect since 1 July 2013.

In the course of execution, if there is an entangrium, the offer of organizations, the individual reflects on the Ministry of Culture, Sports and Tourism to modify, complement the appropriate ./.

Minister.

(signed)

Your Majesty.