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Circular 42/2014/tt-Bnnptnt: Regulations On Judicial Supervision In The Field Of Agriculture And Rural Development.

Original Language Title: Thông tư 49/2014/TT-BNNPTNT: Quy định về giám định tư pháp trong lĩnh vực nông nghiệp và phát triển nông thôn

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The CIRCULAR regulates judicial expertize in the field of agriculture and rural development, pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
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. 81/2014/ND-CP on August 14, 2014 the Government detailing a number of articles of the Ordinance on inspection, valuation; expenses for witnesses, translator in the proceedings;
At the suggestion of the Director of the legislation, the Minister of agriculture and rural development, issued circulars and regulations on judicial supervision in the field of agriculture and rural development.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the standards of appointment, dismissal of judicial appraiser; set, publish a list of the judicial inspection work of the judicial authorities, according to the case; apply standard rules, standards, procedures, sequences performed judicial supervision; inspection and fostering mode of judicial expertise in the field of agriculture and rural development.
Article 2. The object that applies to this circular apply to organizations, individual activities related to judicial supervision in the field of agriculture and rural development.
Article 3. The content of judicial expertise in the field of agriculture and rural development of judicial expertise in the field of agriculture and rural development, including the assessment of judicial order, procedures, quality, cost of works in the field of agriculture and rural development.
Article 4. Standards, professional standards are applied in the judicial inspection activities in the field of agriculture and rural development, professional standards applied in the judicial inspection activities in the field of agriculture and rural development is the national technical regulation, standards to be applied in agricultural operations and rural development under the provisions of the law.
Chapter II Standard, Appointed, DISMISSED ASSESSOR; ESTABLISH and PUBLISH a LIST of the JUDICIAL INSPECTION, JUDICIAL AUTHORITIES ACCORDING to the article 5. Assessor appointed by the standards of Justice for agriculture and rural development, assessor of Justice in the field of agriculture and rural development must meet the following criteria: 1. Vietnam citizens resident in Vietnam, there are health, good moral qualities.
2. Have graduated from University or equivalent.
3. Have had practical experience of professional activity in the field of agriculture and rural development continuously from 5 years and over.
4. Not in the case prescribed in clause 2 article 7 of the judicial inspection Law.
Article 6. Records suggest appointing judicial staff assessment 1. The writer suggested the appointment of assessor of unit heads (Appendix VI attached to this circular).
2. A copy of university diploma as defined in clause 2 5 of this circular.
3. Resume and criminal Votes.
4. Confirmation of the actual time the professional activity of the Agency, held where the proposed appointment or a copy of the text of the body unit to demonstrate real time professional activities of the person who recommended the appointment.
Article 7. Appointed assessor of the judiciary 1. Procedure for appointing judicial assessor in Ministry of agriculture and rural development: a) heads, The units of selection who are eligible for the provisions of article 5 of this circular, make a list and send 1 record suggested the appointment of a judicial assessor of agriculture and of agricultural development for each recommended appointment under the provisions of article 6 of this circular to Service legislation;
b) Legal Service, in collaboration with Service personnel to review records, select and process the Minister of agriculture and rural development decided to appoint judicial assessor within 20 days from receipt of valid records. The case refused to appoint, the legislation respond in writing and stating the reasons for the proposed unit, agency appointed assessor of the judiciary.
2. procedure for appointing judicial assessor in local: Director of the Department of agriculture and rural development, in coordination with the Director of the Department of Justice who have enough selection criteria specified in article 5 of this circular, set profile as defined in article 6 of this circular process of provincial people's Committee Chairman , central cities (hereafter referred to collectively as the provincial people's Committee) appointed assessor of the judiciary.
Article 8. Dismissing the assessor of the judiciary 1. The case is dismissed, records suggest dismissed the judicial assessor for agriculture and rural development, made according to the provisions in clause 1 and clause 2 article 10 judicial inspection Law.
2. Every year, agency heads, the unit directly to recheck the records suggest that dismissal of judicial appraiser send Service legislation. Legal services, in collaboration with Service personnel records, the Minister of agriculture and rural development, review the decision dismissing the assessor of justice within 10 days from receipt of valid records.
3. Each year, the Director of the Department of agriculture and rural development, in coordination with the Director of the Department of Justice records, make a list of the Chairman of the provincial people's Committee decision dismissed the judicial assessor in local.
Article 9. Set, publish the list of members of the judicial inspection 1. For assessor justice by the Minister of agriculture and rural development appointed, dismissed: Service legislation appraiser listed by Justice is appointed, dismissed the enclosed information by assessor Justice delivered to the Center for Informatics and statistics to be posted on the Department's electronic portal at the same time sent the Ministry of Justice to establish a common list of judicial appraiser.
2. With regard to judicial assessor in the field of agriculture and Rural Development Committee Chairman by the provincial people appointed, dismissed: Department of agriculture and rural development is responsible for set up, adjust and submit the list of judicial appraiser appointed, dismissed with the examiner's judicial officer to be posted on the Committee's electronic portal the provincial people's Committee, and send the Ministry of Justice to establish a common list of judicial appraiser.
Article 10. Set, publish a list of the judicial inspection under incident, judicial authorities work 1. Who are eligible for the provisions of article 18 of law judicial assessment, organizations are eligible as defined in clause 1 article 19 of law judicial inspection are chosen to form the judicial examiner list according to the judicial authorities, according to the incident.
2. Pursuant to the standard prescribed in paragraph 1 of this article, the heads of agencies, subdivisions, The option, make a list of officers, servants, employees, the proposed organization is the examiner under the incident, judicial authorities according to service the delivery of Legal Services before 1 October of each year.
Legal services, in collaboration with Service personnel review, the judicial examiner selection work of the judicial authorities, according to the incident, the Minister decided to list the examiner under the incident, judicial authorities work.
3. Legal Services send a list with the examiner under the judicial authorities, according to the Center for Informatics and statistics to be posted on the electronic portal of the Ministry under the provisions in article 23, article 24 of Decree 85/2013/ND-CP on 29/7/2013 of government regulation and details measures for the law enforcement examination Justice, and sent the Ministry of Justice to establish a common list.
4. The Department of agriculture and rural development is responsible for selection, make a list of the judicial inspection under incident, judicial authorities work in the field of agriculture and rural development in the management of local authority the President of the provincial people's Committee announced the judicial examiner list work the judicial authorities, according to the incident and posted on the electronic portal of the provincial people's Committee, and send the Ministry of Justice to establish a common list.
 
 
Chapter III ORDER, JUDICIAL INSPECTION PROCEDURES; The COST of the JUDICIAL INSPECTION and FOSTERING MODE of JUDICIAL EXAMINATION article 11. The choice of the individual, the organisation made a judicial inspection 1. The referendum options personal inspection, judicial authorities in the field of agriculture and rural development in the list have been declared under the provisions of this circular in order to assess conformity with the nature and requirements of the service the needs assessment.
2. In no case the choice is personal, the judicial authorities have been declared under the provisions of this circular, the referendum suggested inspection Ministry of agriculture and rural development or State administration on Agriculture and rural development in local personal referrals are qualified under the provisions of article 5 of this circular , Article 18 of law judicial assessment, organizations are eligible as defined in clause 1 article 19 of law judicial inspection carried out inspection list was announced as a rule.
Article 12. Receiving referendum, require judicial inspection 1. When the examiner, the referendum requires the examiner sent the decision on written request, judicial inspection, the Organization, the individual is on the bridge, asking judge is responsible for receiving and holding the assessment according to the content requirements, the referendum unless the right to refuse as defined in clause 2 article 11 point b, paragraph 1 article 24 judicial inspection Law and cases not taken judicial inspection as prescribed in paragraph 2 Article 34 of law judicial inspection.

The agreement made between the party requesting inspection and inspection organizations, individuals perform the assessment expressed in the contract or in the form of other documents prescribed by law.
2. Individual cases, the organization is on the bridge, the examiner refused the request made, the examiner must have text stating the reasons as prescribed in clause 2 article 11 or a d clause 2 article 24 judicial inspection Law.
Article 13. Delivery of the object of the judicial inspection 1. In case the referendum, required expertise with the subject, the examiner, the examiner must object to getting established thereon according to the model defined in art. 4 article 14 of this circular. 
2. in case the referendum, required expertise cannot accompany the examiner objects, on the referendum, required expertise, the individual, the authorities and the parties concerned to come to the scene where the incident is on demand, ask judge to set the minutes hand over the current state of the object for inspection individuals performing the assessment.
3. organizations and individuals implement the assessment may require the party referendum, required expertise and related parties to create conditions to reach the object and provide the necessary document records serve for the outline and implementation expertise.
Article 14. Implementation of the judicial inspection 1. Individuals, organizations implementing the judicial examiner and sent the party referendum, asking forensic examiner implementation outline. The content outline of the assessment included the following basic content: a) The national technical regulation, standards are applied;
b) the object and scope of the evaluation;
c) list the judicial examiner assess, who was assigned to coordinate implementation of the assessment, the information about the capacity of the host and the individuals performing the assessment;
d) institution name and list the individual was hired to join the examiner (case organization hire or other individuals have the appropriate capacity to perform one or a number of content-related job evaluation);
DD) method performs the assessment;
e) Laboratory Directory, the list of equipment to be used (if any);
g) assess costs, the expected time of completion of the assessment;
h) other conditions prescribed by law to perform the assessment.
Where necessary, individual organizations assess the proposal with the referendum party, request the examiner made preliminary survey evaluation object to serve up outline of assessment, unless the law otherwise.
2. the party referendum, asking judge to review the outline to make the assessment. Depending on the nature of the incident is on demand, ask the examiner, on the referendum, the examiner may require the consultation of State administration on Agriculture and rural development, on the content of the outline.
3. organizations and individuals implement the assessment notice in writing for the examiner said the referendum to change personnel perform inspections or other changes related to the implementation of the assessment.
4. The process of implementation of judicial inspection according to the referendum, required under the provisions of article 3 of the law on the judicial examiner and established the text according to the model, include: a) Model documents delivery, receipt, subject to referendum, required inspection (annex I attached to this circular);
b) form the minutes open the seal (Appendix II attached to this circular);
c) form the minutes recorded the process evaluation (Appendix III attached to this circular);
d) form the conclusion assessment (annex IV attached to this circular);
DD) form the minutes handed the conclusion assessment (Appendix V attached to this circular).
Article 15. Additional examiners, examiners back 1. The referendum, which requires the examiner may require additional assessment if the assessment conclusions unclear, incomplete or when new issues arise regarding the details of the case, the incident was concluded earlier assessment. The referendum, required additional assessment was done as the first assessment.
2. The assessment was done in the case of the base for that first assessment conclusions incorrect, or in the case prescribed in clause 2 article 30 of law judicial inspection.
Article 16. Evaluation Board 1. The establishment of the Board of Examiners in the field of agriculture and rural development is done in case the differences between first inspections and conclusions the conclusion back to the same content and expertise required of the examiner referendum.
2. the Board of examiners by the Minister of agriculture and rural development decided to assess again the second time.
3. Establishment of Board of Examiners: a) Legal Service, in collaboration with Service personnel the choice of judicial appraiser, the examiner under the incident and officials and public officials of the Ministry have high professional, consistent with the content of the referendum, not the judicial examiner made a first assessment; improve the profile of Ministers decided to set up the Council;
b includes assessment Council) at least 3 members are those with high expertise and reputation in the area of needs assessment. Board of examiners operates under collective supervision mechanism prescribed in paragraph 3 Article 28 of law judicial inspection.
Article 17. Established, the filing of the judicial inspection 1. Judicial inspection records in the field of agriculture and rural development, including the text of the document, as specified in paragraph 1 to article 33 of law judicial inspection.
2. the judicial inspection records in the field of agriculture and rural development are stored pursuant to the law on archives. Individuals, organizations make examiner is responsible for preserving, archiving records his examiners made under the regulations and shall produce the record inspections when required by the authority conducting the proceedings, the proceedings are conducted has the jurisdiction in the criminal, civil , the administrative case.
Article 18. The cost of implementing the judicial inspection costs make judicial expertize in the field of agriculture and rural development made under the provisions of Ordinance No. 02/2012/UBTVQH13 on 28/3/2012 of the Standing Committee of the National Assembly on the cost assessment, valuation; the cost for the witness, interpreter in proceedings, Decree No. 81/2014/ND-CP on 14/8/2014 the Government detailing a number of articles of the Ordinance on inspection, valuation; the cost for the witness, interpreter in proceedings, decision No. 01/2014/QD-TTg dated 01/12/2014 of the Prime Minister on fostering mode of judicial examination and the provisions of relevant laws.
Article 19. Fostering mode of judicial examination the examiner assess judicial justice in the field of agriculture and rural development, entitled fostering mode of judicial inspection in accordance with decision No. 06/2014/QD-TTg dated 01/12/2014 of the Prime Minister on fostering mode of judicial examination.
Chapter IV the TERMS OF IMPLEMENTATION of article 20. Implementation 1. Legal services, in collaboration with Service personnel and units of the Ministry to help the Minister of agriculture and rural development made the following duties: a) General staff, the Minister appointed, dismissed the judicial appraiser, created, published and put out a list of the judicial inspection work the judicial authorities, according to the case;
b) counsels, the Minister established the Council of examiners to assess the second back;
c) personal introduction, organization is eligible to make inspections in addition to the list was announced as a rule when there's referendum proposal evaluation;
d) elaborate and implement programs, professional training plan relating to judicial supervision in the field of agriculture and rural development, the knowledge of law for justice assessment team, the assessor under the incident;
DD) check and resolve complaints, accusations about the Organization, the judicial inspection activities under the management authority;
e) guide the implementation of judicial expertise in the field of agriculture and rural development under the provisions of this circular in nationwide;
g) annual general summary about the Organization, the judicial inspection activities in the field of agriculture and rural development and to submit a report on the Ministry of Justice to report to the Government.
2. Service personnel in coordination with legal Services to perform the following tasks: a) General staff, the Minister appointed, dismissed judge justice, make a list of the judicial inspection work of the judicial authorities, according to the case;
b) counsels, the Minister established the Council of examiners to assess again the second time.
3. Information and Statistics Center is responsible for posting the list of judicial appraiser, the examiner under the incident, judicial authorities work on the electronic portal of the Ministry within a period of 3 (three) days from the date of the list.
4. Heads of unit, is responsible for selecting the eligible prescribed in article 5 of this circular, created the profile recommended appointment of assessor; recheck the records suggest that dismissal of judicial appraiser send Service legislation.
Before 1 October each year, agency heads, The units of selection, make a list of the judicial inspection work of the judicial authorities, according to the service delivery of Legal Services.
5. The Department of agriculture and rural development to help provincial people's committees to perform the following tasks: a) counsels, the Chairman of the provincial people's Committee appointed, dismissal of judicial appraiser, created, published and put out a list of the examiner under the incident, judicial authorities work in the field of agriculture and rural development in locality;
b) posted a list of the examiner of the judiciary, the judicial authorities work on electronic information page of the provincial people's Committee and send the collection to public disclosure;
c) personal introduction, organization is eligible to make inspections in addition to the list was announced as a rule when there's referendum proposal evaluation;

d) elaborate and implement programs, professional training plan relating to judicial supervision in the field of agriculture and rural development, the knowledge of law for justice assessment team, the assessor under the local incident;
DD) check and resolve complaints, accusations about the Organization, the judicial inspection activities under the management authority;
e) guide the implementation of judicial expertise in the field of agriculture and rural development under the provisions of this circular and the rule of law;  
g) reports the Ministry of agriculture and rural development on the Organization and operation of the judicial inspection in the field of agriculture and rural development in the locality before the December 15th General report annually to the Department of Justice.
Article 21. Effect 1. This circular has effect from the date of Feb. 9, 2015.
2. During the implementation of this circular, if there are obstacles, suggest the Organization, personal reflections on the Ministry of agriculture and rural development (through Service legislation) to modify and supplemented accordingly./.