Regulations on the assignment of individuals for judicial expertise in the field of Natural Resources and Environment in Vietnam

Regulations on the assignment of individuals for judicial expertise in the field of Natural Resources and Environment in Vietnam (Illustrative photo)

Circular 44/2014/TT-BTNMT stipulates the appointment of people to participate in judicial expertise in the field of natural resources and environment in Vietnam as follows:

- Upon receiving a request for judicial expertise that falls under the management scope of the Ministry, the Director of the Legal Department shall preside over and coordinate with the heads of relevant agencies and units to select judicial experts, ad-hoc judicial experts based on the content of the request, and propose the form of expertise (individual or collective) according to regulations for submission to the Ministry's leadership to decide on appointing the people and form of expertise;

- In cases where the request for judicial expertise does not fall under the management scope of the Ministry or the request does not comply with legal procedures, the Director of the Legal Department shall submit to the Ministry's leadership to refuse the judicial expertise and respond to the requesting agency or individual;

- For requests for judicial expertise processed by the agencies or units within the Ministry, the heads of these agencies or units are responsible for receiving and assigning people to carry out judicial expertise according to the law in Vietnam;

- The organization or individual assigned to judicial expertise is responsible for receiving the content of the request, organizing the expertise, concluding on the expertise content, and responding to the requesting agency or individual according to the law.

In cases of force majeure where judicial expertise cannot be carried out, the assigned judicial expert must notify the relevant agency or unit and clearly state the reason.

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

Ty Na

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