Establishment of the Council for Judicial Expertise in the field of natural resources and environment in Vietnam

Establishment of the Council for Judicial Expertise in the field of natural resources and environment in Vietnam (Illustrative image)

Circular 44/2014/TT-BTNMT stipulates the conditions for establishing the expertise council in the field of natural resources and environment in Vietnam as follows:

- The expertise council in the field of natural resources and environment is established in case of discrepancies between the initial expertise conclusion and the re-expertise conclusion on the same issue. The second re-expertise is decided by the person who requested the expertise. The second re-expertise must be conducted by the Expertise Council;

- The Expertise Council in the field of natural resources and environment is established by the decision of the Minister of Natural Resources and Environment.

Establishment of the Expertise Council:

- The Director of the Legal Department presides over, in coordination with the Director of the Personnel Department, the selection of judicial experts, ad-hoc judicial experts, and relevant officials from the Ministry according to the nature of the request, and completes the dossier for the Minister to decide on the establishment of the council;

- The composition, number of members, and operational mechanism of the expertise council must include at least 03 members who are highly specialized and reputable in the required expertise field.

In addition, this Circular also stipulates the application of technical standards for judicial expertise activities such as:

- Judicial expertise activities in the field of natural resources and environment are based on existing technical standards in the field and other related legal documents concerned with the expertise content;

- Judicial expertise costs in the field of natural resources and environment are collected and spent according to the provisions of Ordinance 02/2012/UBTVQH13.

Details can be found in Circular 44/2014/TT-BTNMT which comes into force in Vietnam from September 16, 2014.

Ty Na

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