Establishment, publication, and amendments to the List of Judicial Experts in the Field of Natural Resources and Environment in Vietnam

Recently, the Ministry of Natural Resources and Environment issued Circular 44/2014/TT-BTNMT regulating judicial assessment in the field of natural resources and environment. This Circular provides regulations on the establishment, publication, and adjustment of the list of Judicial Experts in Vietnam.

Lập, công bố, điều chỉnh danh sách giám định viên tư pháp trong lĩnh vực TNMT, Thông tư 44/2014/TT-BTNMT

Establishment, publication, and amendments to the List of Judicial Experts in the Field of Natural Resources and Environment in Vietnam (Illustrative photo)

Circular 44/2014/TT-BTNMT prescribes the establishment, publication, and adjustment of lists of judicial experts; the establishment and publication of lists of ad hoc judicial experts and ad hoc judicial inspection organizations in Vietnam as follows:

1. Establishment, publication, and adjustment of lists of judicial expertss

For judicial expertss appointed, dismissed by the Minister of Natural Resources and Environment:

- The Personnel Department shall establish and send the list of judicial expertss to the Ministry’s Office to be posted on the Ministry’s electronic portal, concurrently sending it to the Ministry of Justice to include it in the common list.

- Within 03 (three) working days from the date of receipt of the list, the Ministry’s Office shall post the list of judicial expertss on the Ministry's electronic portal.

For judicial expertss in the field of natural resources and environment appointed, dismissed by the Chairman of the Provincial People's Committee: The Department of Natural Resources and Environment is responsible for establishing, adjusting, and sending the list of judicial expertss to be posted on the electronic portal of the Provincial People's Committee, concurrently sending it to the Ministry of Justice to include it in the common list.

2. Establishment, publication of lists of ad hoc judicial expertss, ad hoc judicial inspection organizations

- Individuals meeting the qualifications selected as ad hoc judicial expertss and organizations meeting the conditions required for organizing judicial inspections shall be selected to establish lists of ad hoc judicial expertss and ad hoc judicial inspection organizations;

- Based on the prescribed qualifications, heads of agencies, units under the Ministry shall select, establish lists of ad hoc judicial expertss and send them to the Personnel Department before October 01 every year.

- The Head of the Personnel Department shall preside, cooperate with the Head of the Legal Department to consider, select ad hoc judicial expertss and ad hoc judicial inspection organizations, and submit to the Ministry's Leaders for decision to publish the lists;

- The Personnel Department shall send the lists along with published information about ad hoc judicial expertss and ad hoc judicial inspection organizations, as decided by the Leaders, to the Ministry’s Office to be posted on the Ministry’s electronic portal as prescribed in Articles 23 and 24 of Decree 85/2013/ND-CP, concurrently sending them to the Ministry of Justice to include them in the common list.

- The Department of Natural Resources and Environment is responsible for assisting the Chairman of the Provincial People’s Committee in establishing, publishing lists of ad hoc judicial expertss, and ad hoc judicial inspection organizations in the field of natural resources and environment, under local management authority, to be posted on the electronic portal of the Provincial People’s Committee, concurrently sending them to the Ministry of Justice to include them in the common list.

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

Ty Na

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