Thông tư 07/2014/TT-BKHDT

CIRCULAR

GUIDANCE ON A NUMBER OF ISSUES OF JUDICIAL EXPERTISE IN PLANNING AND INVESTMENT SECTOR

Pursuant to the Law on Judicial expertise dated June 20, 2012;

Pursuant to the Government’s Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing the implementation of the Law on Judicial expertise;

Pursuant to the Government’s Decree No. 116/2008/NĐ-CP dated November 14, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;

At the request of General Director of the Legal Department;

The Minister of Planning and Investment promulgates the Circular regulating standards, documentation and procedures for appointment or dismissal of judicial experts, establishes and announce the list of judicial experts, ad hoc judicial expertise performers organizations in planning and investment sector.

Article 1. Governing scope and regulated entities

1. This Circular regulates standards, documentation and procedures for appointment or dismissal of judicial experts, establishes and announce the list of judicial experts, ad hoc judicial expertise performers and organizations in planning and investment sector.

2. This Circular applies to relevant organizations and individuals in connection with ad hoc judicial expertise in planning and investment sector.

Article 2. Requirements for appointment of judicial experts

1. Good health and virtuous character

2. Have university degree or equivalent and over granted by Vietnam’s educational institutions according to laws and the international agreements to which the Socialist Republic of Vietnam is a signatory;

3. Have certificates for short-term or long-term training in judicial expertise and at least five years of work experience in the area since being appointed to officials and civil servants  or the signing of employment contract;

Article 3. Procedures for appointment of judicial experts

1. Procedures for appointment of judicial experts at the Ministry of Planning and Investment:

a) Based on functions, obligations and standards as prescribed in Article 2 hereof, heads of ministerial-affiliated agencies and units shall select judicial experts, establish and submit a set of documentation for appointment to Organization and Personnel Department.

b) Within 10 working days since receipt of documentation as prescribed in Point a, Clause 1 of this Article, General Director of the Organization and Personnel Department shall preside over and cooperate with General director of Legal Department in considering the documentation for submission to the Minister of Planning and Investment for decision on appointment of judicial experts.

2. Procedures for appointment of local-level judicial experts:

Director of the Service of Planning and Investment shall preside over and cooperate with Director of the Service of Justice in selecting qualified persons as prescribed in Article 2 hereof and making proposals to presidents of the provincial People’s Committees for appointment of judicial experts.  

Article 4. Application for appointment of judicial experts

1. Written confirmations on time of performance of judicial expertise made by heads of agencies and units affiliated to the Ministry of Planning and Investment for ministerial-level judicial experts in the Ministry of Planning and Investment or directors of the Service of Planning and Investment for local-level judicial;

2. Diplomas, certificates or similar legal papers regarding professional training as prescribed in Clause 3, Article 2 hereof;

3. Other documents as prescribed in Clauses 1, 2 and 3, Article 8 of the Law on Judicial expertise;

Article 5. Dismissal of judicial experts

1. Cases of dismissals, proposals for dismissals of judicial experts are prescribed in Clauses 1, 2, Article 10 of the Law on Judicial expertise;

2. Heads of ministerial-affiliated agencies and units should establish and submit proposals for dismissal of judicial experts to Organization and Personnel Department for decision.

General Director of the Organization and Personnel Department shall preside over and cooperate with General director of Legal Department in inspecting the documentation and making the submission to the Minister of Planning and Investment for consideration and decision on dismissal of judicial experts.

3. Director of the Service of Planning and Investment shall cooperate with Director of the Service of Justice in making proposals to presidents of the provincial People’s Committees for consideration and decision on dismissal of judicial experts at local level.

Article 6. Establishment and announcement of the list of judicial experts, ad hoc judicial expertise performers and organizations

1. Establishment and announcement of the list of judicial experts

a) For judicial experts appointed by the Minister of Planning and Investment:

Organization and Personnel Department shall establish and send the list of judicial experts to computer center for posting on the website of the Ministry and at the same time to the Ministry of Justice for establishing a general list.

Computer center shall be responsible for posting the list of judicial experts on the website of the Ministry within three days since receipt of the list.

b) For judicial experts appointed by presidents of the provincial People’s Committees:

The Service of Planning and Investment shall be responsible for establishing and sending the list of judicial experts to be posted on the website of People’s committees of provinces.

2. Establishment and announcement of the list of ad hoc judicial expertise performers and organizations in the Ministry of Planning and Investment

a) Annually, heads of agencies and units affiliated to the Ministry shall select and make a list of ad hoc judicial expertise performers and organizations in reliance on the standards as prescribed in Article 18 and Clause 1, Article 19 of the Law on Judicial expertise and make the submission to Organization and Personnel Department before October 01;

b) Organization and Personnel Department and preside over and cooperate with Legal Department in scrutinizing documentation and requirements for selection of ad hoc Judicial expertise and organizations, and making the submission to leaders of the Ministry for public announcement;

c) Computer center shall post the list of ad hoc judicial expertise performers and organizations on the website of the Ministry and at the same time make submission of the list to the Ministry of Justice for establishing a general list.

Article 7. Effect

This Circular takes effect since January 15, 2015.

Chief Officer, General Director of Organization and Personnel Department, General Director of Legal Department, heads of agencies and units affiliated to the Ministry, presidents of People’s committees and Director of the Service of Planning and Investment shall be responsible for executing this Circular./.