ELABORATING ON CERTAIN ARTICLES OF THE LAW ON JUDICIAL EXPERTISE IN THE FIELD OF AGRICULTURE AND ENVIRONMENT

This Circular elaborates on certain articles of the Law on judicial expertise in the field of agriculture and environment.

This Circular applies to agencies, organizations and individuals participating in or related to forensic examination activities in the field of agriculture and environment.

1. Crop production and Plant protection.

2. Animal husbandry and Veterinary medicine.

3. Forestry and Forest protection.

4. Salt production.

5. Fisheries.

6. Irrigation.

7. Dike management and Disaster prevention and control.

8. Food safety for agricultural, forestry, aquatic products and salt.

9. Quality management of plant varieties, animal breeds, tools, equipment, materials, products and services in agriculture, forestry, salt production and fisheries.

10. Preservation, processing and transportation of agricultural, forestry and aquatic products.

11. Land.

12. Water resources.

13. Geology and Minerals.

14. Environment.

15. Nature conservation and Biodiversity.

16. Meteorology and Hydrology.

17. Climate change.

18. Surveying, Mapping and Geographic information.

19. Integrated management of marine and island resources and environmental protection.

20. Remote sensing.

21. Management of investment and construction investment in specialized works under management authority.

Vietnamese citizens permanently residing in Vietnam who fully meet the criteria prescribed in Clause 1, Article 10 of the Law on Judicial Expertise shall be selected and considered for appointment as forensic examiners in the field of agriculture and environment, including:

1. Holding a university degree or higher in a training field appropriate to the specialized field proposed for appointment; having at least 5 full years of professional experience in the trained field counted from the date of recruitment or admission to work; consistent with the specialized fields and disciplines of forensic examination prescribed in Article 3 of this Circular.

2. Holding a certificate of professional training in legal knowledge and forensic examination in the field of agriculture and environment as prescribed by the Ministry of Agriculture and Environment.

1. The training program and curriculum for professional training in legal knowledge and forensic examination in the field of agriculture and environment shall include:

a) Legal knowledge in accordance with the framework training program and curriculum for legal knowledge training for forensic examiners as prescribed by the Minister of Justice;

b) Professional training in forensic examination in the field of agriculture and environment.

2. The Ministry of Agriculture and Environment shall promulgate the training program and curriculum for professional training in forensic examination in the field of agriculture and environment in accordance with the training program and curriculum prescribed in Clause 1 of this Article.

An ad hoc forensic examination institution in the field of agriculture and environment must fully satisfy the conditions prescribed in Clause 1, Article 18 of the Law on Judicial Expertise and have functions, duties and powers in the specialized fields and disciplines of forensic examination prescribed in Article 3 of this Circular.

1. The receipt of orders and requests for forensic examination shall be carried out in accordance with Article 28 of the Law on Judicial Expertise. The refusal to receive orders and requests for forensic examination shall be carried out in accordance with Article 38 of the Law on Judicial Expertise.

2. The receipt and refusal to receive orders for forensic examination by the Ministry of Agriculture and Environment in accordance with Clause 3, Article 19 of the Law on Judicial Expertise shall be regulated as follows:

a) Within 2 working days from the date of receipt of the written order for forensic examination, the Director of the Department of Legal Affairs, acting on behalf of the Minister of Agriculture and Environment, shall sign a written receipt and assign a specialized agency or unit under the Ministry of Agriculture and Environment to perform forensic examination, or shall sign a written refusal of receipt stating clear reasons if the case does not fall under the circumstances prescribed in Clause 3, Article 19 of the Law on Judicial Expertise;

b) The specialized agency or unit prescribed at Point a of this Clause shall directly receive and sign the handover record of the forensic examination file and subject matter, information, documents, objects and specimens related thereto (if any) with the forensic examination soliciting agency or person.

In case of refusal to receive a order for forensic examination in the circumstances prescribed in Article 38 of the Law on Judicial Expertise, the head of the assigned specialized agency or unit shall report to the Minister of Agriculture and Environment before acting on behalf of the Minister to sign the written refusal to receive the order for forensic examination.

3. The receipt and refusal to receive orders for forensic examination by the Department of Agriculture and Environment in accordance with Clause 3, Article 19 of the Law on Judicial Expertise shall be regulated as follows:

a) Within 5 working days from the date of receipt of the written order for forensic examination, the Director of the Department of Agriculture and Environment shall sign a written receipt and assign a specialized agency or unit under the Department of Agriculture and Environment to perform forensic examination, or shall sign a written refusal of receipt stating clear reasons;

b) The specialized agency or unit assigned to perform forensic examination prescribed at Point a of this Clause shall directly receive and sign the handover record of the forensic examination file and subject matter, information, documents, objects and specimens related thereto (if any) with the forensic examination soliciting agency or person.

1. Organizations and individuals performing forensic examination shall study the subject matters of the order or request decision, the forensic examination file, subject matter, and accompanying information and documents in order to request the forensic examination soliciting or requesting agency or person to additionally provide necessary information and documents serving the forensic examination.

2. Where necessary, organizations and individuals performing forensic examination shall prepare a forensic examination outline and send it to the forensic examination soliciting or requesting agency or person for agreement on the performance of the forensic examination.

1. The steps for performing forensic examination in the field of agriculture and environment shall be as follows:

a) Review, assess and collect information and documents relevant to the subject matters and subject matter of the forensic examination;

b) Based on each subject matter of the order or request for forensic examination, the forensic examiner shall study and compare the forensic examination file, subject matter, and relevant information and documents against the professional technical standards applicable to forensic examination, in order to provide comments and assessments on each subject matter of the order or request for forensic examination.

2. Organizations and individuals performing forensic examination shall be entitled to use supplementary experimental or testing results or professional conclusions provided by other competent individuals or organizations in accordance with law for the purpose of the forensic examination.

3. Organizations and individuals performing forensic examination shall prepare a written record of the entire process of performing forensic examination in accordance with Article 34 of the Law on Judicial Expertise.

4. In the course of performing forensic examination, if new subject matters or other issues arise, the organizations and individuals performing forensic examination shall immediately notify in writing the forensic examination soliciting agency or person and reach agreement on a resolution plan.

1. Forensic examination conclusions shall be issued in accordance with Article 35 of the Law on Judicial Expertise.

2. Ad hoc forensic examination institutions and ad hoc forensic examiners shall only conclude on the subject matters of the order or request for forensic examination that fall within the scope of the specialized fields and disciplines prescribed in Article 3 of this Circular and in accordance with the professional technical standards applicable to forensic examination in the field of agriculture and environment.

3. Forensic examination conclusions shall be sent to the forensic examination soliciting or requesting agency or person immediately upon issuance and shall be retained in the forensic examination file. The direct delivery and receipt of forensic examination conclusions shall be recorded in a written record.

1. The time limit for forensic examination in the field of agriculture and environment shall be carried out in accordance with Article 30 of the Law on Judicial Expertise.

2. Where a time limit for forensic examination lower than that prescribed in Clause 1 of this Article is required, prior to issuing a order decision, the forensic examination solicitor shall consult with the intended forensic examiner, the intended ad hoc forensic examination institution and relevant agencies for agreement.

1. The components of the forensic examination file in the field of agriculture and environment shall be carried out in accordance with Clause 1, Article 37 of the Law on Judicial Expertise.

2. Storage requirements of the forensic examination file

a) The forensic examiner shall be responsible for handing over the forensic examination file to the directly managing agency or unit for preservation and storage in accordance with the law on archiving.

b) The forensic examination institution that performs forensic examination shall be responsible for preserving and storing the forensic examination files from forensic examination performed by itself or by forensic examiners under its management in accordance with the law on archiving.

c) The Forensic Examination Council shall be responsible for handing over the forensic examination file to the agency or unit of the President of the Forensic Examination Council for preservation and storage in accordance with the law on archiving.

1. The Department of Legal Affairs of the Ministry of Agriculture and Environment is the focal unit advising on forensic examination of the Ministry of Agriculture and Environment, assisting the Minister of Agriculture and Environment in performing duties and exercising powers in accordance with the Law on Judicial Expertise, with the following responsibilities:

a) Select and sign Ministry documents assigning specialized agencies and units under the Ministry to perform forensic examination in accordance with Clause 3, Article 19 of the Law on Judicial Expertise;

b) Consolidate and propose to the Minister the recognition of ad hoc forensic examination institutions and ad hoc forensic examiners of the Ministry of Agriculture and Environment.

c) Develop and submit to the Minister for promulgation and implement the training program and curriculum for professional training in legal knowledge and forensic examination in the field of agriculture and environment;

d) Propose to the Minister the establishment of Forensic Examination Councils in accordance with Article 33 of the Law on Judicial Expertise.

2. The Department of Organization and Personnel shall take charge and cooperate with the Department of Legal Affairs and the Ministry Office to consolidate and propose to the Minister of Agriculture and Environment the appointment, reappointment and dismissal from office, and the issuance, reissuance and revocation of forensic examiner cards for individuals under the Ministry of Agriculture and Environment.

3. The Department of Planning and Finance shall consolidate and propose to the Minister of Agriculture and Environment the allocation of forensic examination funding for units under the Ministry of Agriculture and Environment in accordance with law.

4. The Ministry Office shall be responsible for publishing the list of forensic examination organizations and individuals under the Ministry of Agriculture and Environment on the Ministry's e-portal; and shall cooperate with the Department of Organization and Personnel in the issuance, reissuance and revocation of forensic examiner cards for individuals under the Ministry of Agriculture and Environment.

5. Agencies and units directly under the Ministry of Agriculture and Environment shall have the following responsibilities:

a) Based on specific conditions, promulgate regulations and procedures for performing forensic examination in the relevant specialized fields and disciplines in accordance with the law on judicial expertise;

b) Develop human resources for forensic examination, ensuring time, equipment, facilities and other necessary conditions for performing forensic examination;

c) Implement reporting and information requirements and establish, manage and store forensic examination files in accordance with law.

6. The Department of Agriculture and Environment shall assist the People's Committee of the province or centrally-affiliated city (hereinafter referred to as the province-level People's Committee) in performing duties and exercising powers in accordance with the Law on Judicial Expertise and in accordance with the assignment of the province-level People's Committee.

1. This Circular comes into force from May 1, 2026.

{2. This Circular replaces Circular No. 29/2025/TT-BNNMT dated June 24, 2025 of the Minister of Agriculture and Environment on forensic examination in the field of agriculture and environment.

3. Order decisions for forensic examination in the field of agriculture and environment that were received before the date this Circular comes into force and for which forensic examination conclusions have not yet been issued shall continue to be performed in accordance with Circular No. 29/2025/TT-BNNMT dated June 24, 2025 of the Minister of Agriculture and Environment on forensic examination in the field of agriculture and environment.

4. Decisions of the Minister of Agriculture and Environment on appointment of forensic examiners, recognition of ad hoc forensic examiners and recognition of ad hoc forensic examination institutions issued before the date this Circular comes into force shall remain in force.

Heads of units under the Ministry of Agriculture and Environment, Presidents of province-level People's Committees, Directors of Departments of Agriculture and Environment and relevant agencies, organizations and individuals shall implement this Circular./.