Time limits for rendering of judicial expert services in the natural resources and environment sector in Vietnam
Please ask, what are regulations on time limits for rendering of judicial expert services in the natural resources and environment sector in Vietnam?
Pursuant to the provisions of Article 19 of Circular 15/2021/TT-BTNMT, time limits for rendering of judicial expert services in the natural resources and environment sector in Vietnam is specified as follows:
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.
Best Regards!