MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT | SOCIALISTREPUBLIC OF VIETNAM |
No. 15/2021/TT-BTNMT | Hanoi, August 31, 2021 |
CIRCULAR
PRESCRIBING JUDICIAL EXPERTISE IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Pursuant to the 2012 Law on Judicial Expertise and the 2020 Law on Amendments and Supplements to several Articles of the Law on Judicial Expertise;
Pursuant to the Government's Decree No. 85/2013/ND-CP dated July 29, 2013, regulating details and measures of implementation of the Law on Judicial Expertise;
Pursuant to the Government's Decree No. 157/2020/ND-CP dated December 31, 2020 on amendments and supplements to certain articles of the Government's Decree No. 85/2013/ND-CP dated July 29, 2013, prescribing details and measures for implementation of the Law on Judicial Expertise;
Pursuant to the Government's Decree No. 36/2017/ND-CP dated April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Upon the request of the Director of the Department of Legal Affairs,
The Minister of Natural Resources and Environment herein promulgates the Circular on judicial expertise in the natural resources and environment sector.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
This Circular prescribes judicial expertise in the natural resources and environment sector, including standards, documentation requirements, authority, processes, procedures for appointment, discharge, issuance and revocation of judicial expert’s licenses; standards, conditions, recognition, deregistration, publishing of the list of subject-matter experts and subject-matter expert service providers and provision of judicial expert services in the natural resources and environment sector.
Article 2. Subjects of application
This Circular applies to entities and persons involved in judicial expertise activities in the natural resources and environment sector.
Article 3. Areas of expertise and regulations on professional standards for judicial expertise in the natural resources and environment sector
1. Areas of judicial expertise in the field of natural resources and environment are activities falling under the duties and powers of the Ministry of Natural Resources and Environment and the Departments of Natural Resources and Environment, including: land; water resources; mineral and geological resources; environment; hydrometeorology; climate change; geodesy and cartography; general management of natural resources and environmental protection of sea and islands; remote sensing.
2. The judicial expertise in the natural resources and environment sector is carried out according to standards, regulations on standards, technical regulations and legal normative documents in the natural resources and environment sector.
Chapter II
JUDICIAL EXPERTISE, SUBJECT-MATTER JUDICIAL EXPERTS AND SUBJECT-MATTER EXPERTISE SERVICE PROVIDERS IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Section 1. JUDICIAL EXPERTISE IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Article 4. Standards, documentation requirements, authority, processes and procedures for appointment of judicial experts and issuance of judicial expert's licenses in the natural resources and environment sector
1. Standards, documentation requirements, authority, processes and procedures for appointment of judicial experts and issuance of judicial expert's licenses in the natural resources and environment sector shall be subject to regulations set forth in Article 7, 8 and 9 in the Law on Judicial Expertise; point a and b of clause 4 and point a and b of clause 5 of Article 1 in the Law on Amendments and Supplements to several articles of the Law on Judicial Expertise.
2. The Director of the Department of Legal Affairs shall take charge of and cooperate with the heads of relevant units subordinate to the Ministry in, selecting persons who fully meet the standards specified in clause 1 of this Article and recommending them to the Minister of Natural Resources and Environment to seek his approval decision on appointment as judicial experts and issuance of licenses of judicial experts on the staff of the Ministry of Natural Resources and Environment.
3. The Directors of the Departments of Natural Resources and Environment shall take charge of and cooperate with Directors of Justice in recruiting persons who fully meet the standards specified in clause 1 of this Article and recommending them to the Presidents of provincial People’s Committees to seek their approval decisions on appointment as local judicial experts in the natural resources and environment sector.
4. Within 20 days of the valid submitted documentation, the Minister of Natural Resources and Environment, Presidents of provincial People's Committees shall make their decisions on appointment of judicial experts in the natural resources and environment sector; in case of refusal, written notices of refusal, including clear reasons, should be sent to requesters.
5. Issuance of judicial expert’s licenses in the natural resources and environment sector shall be subject to the Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice, prescribing sample licenses, processes and procedures for issuance and reissuance of judicial expert’s licenses.
6. Certification of the expertise period of persons recommended as judicial experts shall be subject to regulations laid down in Appendix I hereto.
Article 5. Discharge and revocation of licenses of judicial experts in the natural resources and environment sector
1. Discharge, documentation requirements, procedures and processes for discharge of judicial experts in the natural resources and environment sector shall be subject to regulations laid down in the Law on Amendments and Supplements to several articles of the Law on Judicial Expertise.
2. Heads of units directly affiliated to the Ministry of Natural Resources and Environment shall review, verify and prepare documents required to request discharge of judicial experts for submission to the Department of Legal Affairs. The Director of the Department of Legal Affairs shall be responsible for checking submitted documents and soliciting the Minister of Natural Resources and Environment to consider granting approval decisions on discharge of judicial experts and revocation of licenses held by judicial experts on the staff of the Ministry of Natural Resources and Environment.
3. Directors of the Departments of Natural Resources and Environment shall agree with the Directors of the Departments of Justice and prepare required documents for submission to the Presidents of provincial People’s Committees to seek their approval decisions on discharge of local judicial experts in the natural resources and environment sector. Departments of Natural Resources and Environment in conjunction with Departments of Justice shall seek approval of revocation of judicial experts in the natural resources and environment sector from the Presidents of provincial People’s Committees.
Article 6. Compilation and publishing of the list of judicial experts in the natural resources and environment sector
1. The Department of Legal Affairs shall compile and send the list of judicial experts appointed or discharged by the Minister of Natural Resources and Environment to the Ministry of Justice for the purpose of compiling a general list; concurrently, send it to the Ministry’s Office to have it posted on the portal of the Ministry of Natural Resources and Environment.
2. Departments of Natural Resources and Environment shall post the list of local judicial experts in the natural resources and environment sector who are appointed or discharged by the Presidents of provincial People’s Committees on the portals of provincial People's Committees and Departments of Natural Resources and Environment.
Section 2. SUBJECT-MATTER EXPERTS IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Article 7. Eligibility standards of subject-matter experts in the natural resources and environment sector
1. Vietnamese citizens permanently residing in Vietnam who fully meet the following standards may be engaged as subject-matter experts in the natural resources and environment sector:
a) Are in good health condition and have good morals;
b) Hold at least an undergraduate degree and have practiced their majors appropriate for the area of expertise for a full period of 05 years or more from the date of appointment to the rank of civil servant or public employee.
2. Candidates who do not have a university degree but have in-depth knowledge and practical experience in the area of expertise may be selected to act as a subject-matter expert in the natural resources and environment sector. .
Article 8. Compilation and publishing of the list of subject-matter experts in the natural resources and environment sector
1. Heads of units put under the direct control of the Ministry of Natural Resources and Environment shall review, select and make a list of persons who fully meet the conditions specified in Article 7 of this Circular and send it to the Department of Legal Affairs for submission to the Minister of Natural Resources and Environment to seek his decision on recognition of subject-matter experts prior to November 30 every year.
The list of subject-matter experts shall contain the following information: full name; date of birth; workplace; professional qualifications and areas of expertise; period of practicing trained specializations (expressed in the number of months); experience in their trained specializations and judicial expertise activities (expressed in the number of cases in which they participate as judicial experts).
2. Within 07 working days of the valid submitted documentation, the Department of Legal Affairs shall seek the decision on recognition of subject-matter experts from the Ministry of Natural Resources and Environment; in case of refusal, the Department of Legal Affairs should send written notices of refusal to heads of the requesting units, clearly stating reasons.
The Director of the Department of Legal Affairs shall send the Ministry’s Office to post the list of subject-matter experts recognized by the Minister of Natural Resources and Environment on the portal of the Ministry of Natural Resources and Environment, and send it to the Ministry of Justice for the purpose of compilation of the general list.
3. When there is any change in the information of the subject-matter expert, the head of the unit put under the direct control of the Ministry of Natural Resources and Environment shall send a written notice of this to the Department of Legal Affairs; within 07 working days of receipt of the written request, the Director of the Department of Legal Affairs shall seek the decision on change in the list of subject-matter experts on the staff of the Ministry of Natural Resources and Environment from the Minister of Natural Resources and Environment. .
4. Departments of Natural Resources and Environment shall take charge of or cooperate with the Departments of Justice in selecting subject-matter experts and seeking approval decisions on recognition or deregistration of subject-matter experts in the natural resources and environment sector from the Presidents of provincial People’s Committees. Departments of Natural Resources and Environment shall post the list of local subject-matter experts in the natural resources and environment sector on the portals of provincial People's Committees and Departments of Natural Resources and Environment.
Section 3. PROVIDERS OF SUBJECT-MATTER EXPERTISE SERVICES IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Article 9. Conditions for provision of subject-matter expertise in the natural resources and environment sector
Entities meeting the conditions stipulated in Article 19 of the Law on Judicial Expertise shall be designated and recognized as providers of subject-matter expert services in the natural resources and environment sector.
Article 10. Compilation and publishing of the list of providers of subject-matter expert services in the natural resources and environment sector
1. Prior to November 30 each year, the Minister of Natural Resources and Environment and Presidents of provincial People’s Committees shall issue their decisions on recognition of providers of subject-matter expert services in the natural resources and environment sector.
The Department of Legal Affairs shall send the Ministry’s Office the list of providers of subject-matter expert services in the natural resources and environment sector under the management of the Ministry of Natural Resources and Environment in order to have it posted on the portal of the Ministry of Natural Resources and Environment, and send it through to the Ministry of Justice for the purpose of compilation of the general list.
2. Departments of Natural Resources and Environment shall take charge of or cooperate with the Departments of Justice in selecting providers of subject-matter expert services and seeking approval decisions on recognition or deregistration of providers of subject-matter expert services in the natural resources and environment sector from the Presidents of provincial People’s Committees.
Departments of Natural Resources and Environment shall post the list of local providers of subject-matter expert services in the natural resources and environment sector on the portals of provincial People's Committees and Departments of Natural Resources and Environment.
Chapter III
PROVISION OF JUDICIAL EXPERT SERVICES IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Section 1. PROCESSES AND PROCEDURES FOR PROVISION OF JUDICIAL EXPERT SERVICES IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Article 11. Selection of judicial experts or providers of judicial expert services in the natural resources and environment sector and handling of decisions to solicit judicial expertise directly sent to judicial experts or providers of judicial expert services in the natural resources and environment sector
1. Persons soliciting for judicial expertise shall decide to select judicial experts, subject-matter experts or providers of subject-matter expert services (hereinafter referred to as expertise persons or entities) available on the list posted under the provisions of this Circular to carry out expertise activities; in case of failure to select one, persons soliciting judicial expertise can request the Ministry of Natural Resources and Environment or provincial People’s Committees to recommend expert persons or entities not on the list to provide judicial expert services.
2. Decisions to solicit judicial expertise directly sent by persons soliciting judicial expertise to expertise persons must be sent to units of the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment which manage these expertise persons; in case of soliciting judicial expertise directly from expert entities, decisions to solicit judicial expertise must be sent to the Department of Legal Affairs or Departments of Natural Resources and Environment.
3. Upon receipt of decisions to solicit judicial expertise, units of the Ministry of Natural Resources and Environment or Departments of Natural Resources and Environment which manage expert persons or entities who are directly requested to provide judicial expert services shall assume the following responsibilities:
a) Sending decisions to solicit judicial expertise to expert persons or entities who are directly requested for judicial expertise;
b) Notifying the Department of Legal Affairs or Departments of Natural Resources and Environment in writing of decisions to solicit judicial expertise for administrative and monitoring purposes, except when these decisions are mailed by the Department of Legal Affairs or Departments of Natural Resources and Environment;
c) Enabling expert persons and entities who are directly solicited for judicial expertise to carry out their judicial expertise activities upon the request of persons soliciting judicial expertise.
4. Any judicial expertise agreement between persons soliciting judicial expertise and expert persons or entities shall be made in the form of a binding contract or other written document as prescribed by law.
5. Expert persons or entities directly solicited for judicial expertise may reject such solicitation when the requested expertise is not falling within the areas of expertise referred to in Article 3 herein or is falling into the cases stipulated in Article 34 in the Law on Judicial Expertise, and clause 7 and 14 of Article 1 in the Law on Amendments and Supplements to several Articles of the Law on Judicial Expertise.
Article 12. Handling of requests for judicial expertise sent to the Ministry of Natural Resources or provincial People's Committees
1. The Department of Legal Affairs shall act as the liaison unit receiving decisions to solicit judicial expertise addressed by persons soliciting judicial expertise to the Ministry of Natural Resources and Environment; shall advise the Minister of Natural Resources and Environment on provision of judicial expert services upon the request of persons soliciting judicial expertise.
2. The Department of Natural Resources and Environment shall act as the liaison unit receiving requests for judicial expertise addressed by persons soliciting judicial expertise to the provincial People’s Committee; shall advise the President of the provincial People’s Committee on provision of judicial expert services upon the request of persons soliciting judicial expertise.
3. Within 07 working days of receipt of decisions to solicit judicial expertise, the Department of Legal Affairs shall take charge of and cooperate with relevant units of the Ministry in selecting and seeking the Minister's approval decisions to appoint expert persons or entities already recognized and posted on the portal of the Ministry of Natural Resources and Environment to provide judicial expertise services.
4. Within 07 working days of receipt of decisions to solicit judicial expertise, the Department of Natural Resources and Environment shall select and request the President of the provincial People’s Committee to decide to appoint expert persons or entities already recognized and posted on the portal of the provincial People’s Committee or the Department of Natural Resources and Environment to provide judicial expertise services.
5. The Ministry of Natural Resources and Environment or the provincial People’s Committee may reject such request when the requested expertise is not falling within the areas of expertise referred to in clause 1 of Article 3 herein or is falling into the cases stipulated in Article 34 in the Law on Judicial Expertise, and clause 7 and 14 of Article 1 in the Law on Amendments and Supplements to several Articles of the Law on Judicial Expertise.
Article 13. Delivery and unsealing of objects in question involved in judicial expertise in the natural resources and environment sector
1. When the Ministry of Natural Resources and Environment receives decisions to solicit judicial expertise, enclosing objects in question, information, documents, articles or object specimens, the Department of Legal Affairs shall hand them over to persons or entities appointed to render judicial expertise services. A handover report shall be made by using the sample report given in Appendix II hereto.
In case where any decision to solicit judicial expertise does not enclose objects in question, information, documents, articles or object specimens, delivery or handover thereof shall be subject to clause 2 of this Article.
2. When a request for judicial expertise directly addressed to an expert person or entity encloses objects in question, information, documents, articles or object specimens, that expert person or entity shall be responsible for receiving and handling request dossiers and these objects in question, information, documents, articles or object specimens. A handover report shall be made by using the sample report given in Appendix II hereto.
3. Upon receipt of objects in question, information, documents, articles or object specimens that are sent together with request dossiers in the state of being sealed, before unsealing thereof, these seals should be checked. All information and events involved in the unsealing process should be recorded in a report attested by signatures of participants or witnesses by using the sample given in Appendix III hereto.
4. In case where the request for judicial expertise does not enclose objects in question, the solicited expert person or entity and involved parties should arrive at the scene where the matter or case occurs to complete a report on status of the object in question before handing it over to the expert person or entity. A report stating the status of the object in question before handover thereof in the custody of the expert person or entity shall be made by using the sample report given in Appendix IV hereto.
5. The expert person or entity can request the person soliciting judicial expertise and involved parties to allow access to the object in question and provide documents or materials required for their judicial expertise.
Article 14. Preparations for rendering of judicial expert services in the natural resources and environment sector
1. Draw up an expertise proposal, a list of personnel involved in the expertise; determine standards, regulations for standards, technical regulations and legal normative documents related to expertise activities; estimated time length for completion of expertise; the conditions prescribed by law for rendering of expertise services; information about competency of the expert person or entity.
2. Collect information and documents or materials related to expertise activities or requirements;
3. Study request dossiers and relevant specified legislative regulations; in case where more documents or materials related to expertise activities or requirements are required, the persons soliciting judicial expertise need to comply.
Article 15. Rendering of judicial expert services in the natural resources and environment sector
1. When rendering judicial expert services, expert persons or entities may use additional experiment or test results or professional conclusions of other qualified and competent persons or entities that are useful for their expertise activities.
2. Based on each expertise activity or requirement, the expert person or entity shall study and check whether contents of request dossiers, objects in question, information, documents, articles and object specimens already provided against their standards, regulations for standards, technical regulations and other legal normative documents in the natural resources and environment sector to give their comments and judgements on each subject matter of expertise.
3. During the process of judicial expertise, if more requirements or issues arise, a written notice should be sent to the person soliciting judicial expertise to seek agreements on action plans; a comprehensive, timely and reliable review report on the entire process and results of expertise prepared in writing according to Appendix V should be made.
Article 16. Conclusion of judicial expertise in the natural resources and environment sector
1. Upon completion of the judicial expertise engagement and receipt of expertise results, the expert person or entity shall make a conclusion report as provided in Appendix VI hereto and send it to the person soliciting judicial expertise.
2. In case of directing soliciting an expert person for the judicial expertise, a conclusion report must bear the signature and full name of the expert person. In case of soliciting an expert entity for the judicial expertise, in addition to the signature and full name of the expert person, that entity’s head must sign and affix a corporate seal on the conclusion report.
In case where the expert entity is requested to appoint an expert person, the conclusion report must fully contain the signature, full name of the expert person and signature confirmation given by the entity appointing the expert person.
3. Confirmation of the signature of a subject-matter expert under the management of the Ministry of Natural Resources and Environment that is required in the judicial expertise conclusion shall be subject to the following regulations:
a) In case where the subject-matter expert is managed by a unit of the Ministry of Natural Resources and Environment, that unit’s head should give confirmation of his/her signature;
b) In case where the subject-matter expert is managed by at least two units of the Ministry of Natural Resources and Environment, the Office of the Ministry of Natural Resources and Environment should give confirmation of his/her signature.
Article 17. Delivery of conclusions of judicial expertise in the natural resources and environment sector
1. The expert person or entity shall be responsible for delivering expert conclusions to the person soliciting judicial expertise. The delivery report should be prepared using the sample report given in the Appendix VII hereto.
2. Persons or entities under the control of the Ministry of Natural Resources and Environment or Departments of Natural Resources and Environment that are appointed to render judicial expertise services shall be responsible for sending expert conclusions to the persons soliciting judicial expertise; concurrently, forwarding them to the Department of Legal Affairs or Departments of Natural Resources and Environment for the purpose of monitoring expertise activities.
Article 18. Retention and storage of files of judicial expertise in the natural resources and environment sector
1. Files of judicial expertise in the natural resources and environment sector shall be retained and stored under laws on archival.
2. Expert persons or entities shall be responsible for keeping files of judicial expertise engagements that they render under regulations in force and must export them as requested by persons soliciting judicial expertise.
Article 19. Time limits for rendering of judicial expert services in the natural resources and environment sector
1. The maximum time limit for rendering of expertise services in the natural resources and environment sector shall be 03 months, unless otherwise prescribed in clause 16 of Article 1 in the Law on Amendments and Supplements to several articles of the Law on Judicial Expertise; in case where any subject matter of expertise in a matter relates to at least two areas of expertise stated in Article 3 herein or a matter involves complicated details and multiple persons or entities, the maximum time limit for a judicial expertise engagement shall be 04 months.
2. The time limit for judicial expertise in the natural resources and environment sector shall start from the date on which the Ministry of Natural Resources and Environment or the provincial People’s Committee receives the decision to solicit judicial expertise from the person soliciting judicial expertise, enclosing all dossiers, objects in question, information, documents, articles or object specimens required for the judicial expertise, or from the date on which the person or entity directly solicited for the judicial expertise receives the decision to solicit judicial expertise from the person soliciting judicial expertise, enclosing all dossiers, objects in question, information, documents, articles or object specimens required for the judicial expertise.
In the course of rendering of judicial expertise, if it is necessary to provide additional documents and records that serve as a basis for the judicial expertise, the person or entity solicited for judicial expertise shall request the person soliciting the judicial expertise in writing to provide additional documents and records. The interval between the date on which a person or entity solicited for judicial expertise files a written request to the date on which additional documents and records are received shall not be deemed as part of the time limit for judicial expertise.
3. Where necessary, the time limit for judicial expertise may be extended according to the decision of the person soliciting judicial expertise provided that the extended time is not more than half of the maximum time limit for judicial expertise prescribed in clause 1 and 2 of this Article.
4. In case where any issue arises or it is established that the judicial expertise cannot be completed before expiration of the maximum time limit, the expert person or entity must promptly send the person soliciting judicial expertise a written notice clearly stating the reasons for such failure to meet the deadline and clarifying the expected time of completion or expert conclusion.
Article 20. Supplementary or repeated judicial expertise in the natural resources and environment sector
1. In case where details of an expert conclusion are not clear, full or when any issue relating to facts of a matter involved in the previous expert conclusion arises, the supplementary expertise should be rendered. The process for soliciting or requesting the supplementary expertise shall be the same as the primary expertise.
2. The repeated expertise may be permitted if it is established that any conclusion of the primary expertise is inaccurate.
3. In case where it is necessary to establish the Expert Council under Article 30 in the Law on Judicial Expertise, the Director of the Department of Legal Affairs shall take charge of and cooperate with the head of the relevant unit directly controlled by the Ministry in selecting the expert person or entity conforming to the requirements of solicited expertise. The Expert Council should be composed of at least 03 members who are highly qualified and prestigious in the appropriate areas of expertise, and shall seek the decision on establishment of the Expert Council from the Minister of Natural Resources and Environment. The sample decision on establishment of the Expert Council shall be subject to Appendix VIII hereto.
Composition, the number of members and operating rules and regulations of the Expert Council shall be subject to regulations of Article 30 in the Law on Judicial Expertise.
Section 2. REPORTING REGIME AND COSTS OF JUDICIAL EXPERTISE IN THE NATURAL RESOURCES AND ENVIRONMENT SECTOR
Article 21. Reporting regime for judicial expertise in the natural resources and environment sector
1. Prior to June 20 each year, the unit directly controlled by the Minister of Natural Resources and Environment that manages the expert person or entity shall report on judicial expert results to the Department of Legal Affairs for the purpose of preparing and submitted a general report to the Minister of Natural Resources and Environment.
2. Prior to December 20 each year, the unit directly controlled by the Minister of Natural Resources and Environment that manages the expert person or entity shall report on judicial expert results to the Department of Legal Affairs for the purpose of preparing and submitted a general report to the Minister of Natural Resources and Environment, and shall send such report to the Ministry of Justice by December 31 on an annual basis.
3. Prior to December 20 each year, the Department of Natural Resources and Environment shall report to the Ministry of Natural Resources and Environment on organization and activities of judicial expertise in the natural resources and environment sector.
4. The sample report on results of judicial expertise in the natural resources and environment sector shall be subject to regulations laid down in Appendix IX hereto.
Article 22. Costs of judicial expertise in the natural resources and environment sector
1. The expert person or entity shall determine expertise costs and expenses on the basis of the object in question and the subject matter or requirements of the solicited judicial expertise and the quantity of judicial expertise work to be performed and the agreement with the person soliciting judicial expertise.
2. Advance on funding for the judicial expertise in the natural resources and environment sector shall be paid before commencement of the judicial expert engagement. The amount received in advance and the schedule for advance payment shall be conformable to the agreement between the expert person or entity and the person soliciting the judicial expertise.
3. Upon receipt of natural resources and environment-related expert conclusions, the person soliciting the judicial expertise shall be responsible for paying and settling all costs of judicial expertise to the expert person or entity and the involved person or entity.
4. Costs of the judicial expertise in the natural resources and environment sector shall be subject to regulations of the Ordinance No. 02/2012/UBTVQH13 dated March 28, 2012 of the National Assembly’s Standing Committee, regarding expertise or valuation costs; costs incurred from payments to witnesses or interpreters in the legal procedures, and the Government's Decree No. 81/2014/ND-CP dated August 14, 2014, elaborating on several articles of the Ordinance on expertise or valuation costs; costs incurred from payments to witnesses or interpreters in the legal procedures and other regulations of relevant legislation.
5. Benefits and allowances paid for the judicial expertise in the natural resources and environment sector shall be subject to the regulations of Article 25 in the Government's Decree No. 85/2013/ND-CP dated July 29, 2013, elaborating and providing guidance on implementation of the Law on Judicial Expertise, and the Government’s Decision No. 01/2014/QD-TTg dated January 1, 2014, prescribing benefits and allowances for judicial expertise.
6. The expert person or entity shall be responsible for collaborating with the person soliciting the judicial expertise on estimating, paying and settling costs under the Circular No. 137/2014/TT-BTC dated September 18, 2014 of the Minister of Finance, prescribing cost estimation, complying with the cost estimate and settling costs incurred from payment of benefits or allowances for the judicial expertise of authorities carrying out legal procedures under the Prime Minister's Decision No. 01/2014/QD-TTg dated January 1, 2014 on benefits and allowances for judicial expertise activities.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 23. Entry into force
1. This Circular shall enter into force as of October 15, 2021.
2. This Circular shall replace the Circular No. 44/2014/TT-BTNMT dated August 1, 2014 of the Minister of Natural Resources and Environment, prescribing the judicial expertise in the natural resources and environment sector, and the Circular No. 45/2014/TT-BTNMT dated August 1, 2014 of the Minister of Natural Resources and Environment, stipulating judicial expertise dossiers and samples of judicial expertise in the natural resources and environment sector.
3. If subject-matter experts, subject-matter expert service providers already recognized and posted on the portal prior to the effective date of this Circular continue to meet standards and conditions as prescribed in Article 7 and 9 herein, they shall not be obliged to re-apply for their recognition.
Article 24. Implementation responsibilities
1. Ministries, Ministry-level agencies, provincial People’s Committees and other relevant persons and entities shall be responsible for implementing this Circular.
2. The Director of the Department of Legal Affairs shall be responsible for assisting the Minister of Natural Resources and Environment in managing, conducting, monitoring and checking the judicial expertise in the natural resources and environment sector nationwide.
3. Directors of Departments of Natural Resources and Environment shall be responsible for assisting Presidents of provincial People’s Committees in management, implementation and monitoring of judicial expertise in the natural resources and environment sector at localities within their remit./.
| PP. MINISTER |
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]
