THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
01/2014/QD-TTg
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Hanoi
, January 01, 2014
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DECISION
ALLOWANCES FOR JUDICIAL EXPERTISE
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Judicial Expertise dated June 20, 2012;
Pursuant to the Government’s
Decree No. 204/2004/ND-CP dated December 14, 2004 on salary regime for
officials and civil servants and armed forces;
Pursuant to the Government’s
Decree No. 85/2013/ND-CP dated July 29, 2013 detailing the implementation of
the Law on Judicial expertise;
At the request of the
Minister of Justice,
The Prime Minister
promulgates the Decision on allowances for judicial expertise;
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1. Judicial experts, ad hoc
judicial experts shall enjoy salaries from state budget.
2. Assistants to judicial
experts who receive salaries from state budget include Assistants, technicians,
medical orderly, crime scene investigative technicians (in case of
participation in post-mortem examination, autopsy, exhumation; other persons
who assist judicial experts and directly participate in the process of judicial
expertise organized by the head shall be appointed at a poll or by judicial
experts who coordinate the expertise.
3. Judicial experts,
procurators, judges assigned by competent state agencies to perform duties such
as post-mortem examination, autopsy and exhumation;
Article 2.
Allowances for judicial expertise by working day
1. Allowances for judicial
expertise by working day shall be applied to such areas as forensic medicine on
poisoning, histology, documentation and mentality; criminal techniques;
finance; banking; culture; construction; natural resources and environment;
information and communication; agriculture – forestry – fishery and other
areas;
2. Level of allowances in a
working day for judicial experts as prescribed in Clause 1 of this Article is
prescribed as follows:
a) VND 150,000 for cases not
prescribed in Points b and c of this Clause;
b) VND 300,000 for judicial
examinations conducted on subjects carrying infectious diseases or in areas hit
by dangerous infectious diseases of Group B as prescribed in Point b, Clause 1,
Article 3 of the Law on Prevention and Treatment of Infectious Diseases, or in
polluted environment other than the cases as prescribed in Point c of this Clause;
c) VND 500,000 for judicial
examinations conducted on subjects infected with HIV/AIDS, carrying
particularly dangerous infectious diseases or in the areas hit by infectious
diseases of Group A as prescribed in Point a, Clause 1, Article 3 of the law on
prevention and treatment of infectious diseases; or in contact with radioactive
substances as prescribed by the Ministry of Science and Technology, hazardous
chemicals as defined in the list enclosed with the Government’s Decree No.
108/2008/ND-CP dated October 07, 2008 providing instructions on the
implementation of a number of the Law on Chemicals, the Government’s Decree No.
26/2011/ND-CP dated April 08, 2011 amending and supplementing a number of
articles of Decree No. 108/2008/ND-CP (Hereinafter referred to as Decree No.
108/2008/ND-CP and Decree No. 26/2011/ND-CP), and other hazardous and poisonous
substances according to relevant law provisions;
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Allowances for a judicial expert
are determined as follows:
Amount
of money =
Number
of hours of judicial examination x level of allowance per working day
8
hours
Time and quantity of work
required for judicial examination according to the process of standard judicial
expertise in each area are prescribed by ministries and ministerial-level
agencies in charge of judicial expertise.
4. In case time for judicial
examination exceeds eight hours per day, total extra time should not exceed 300
hours per year.
5. In case judicial examination
has to be conducted on weekly days off, level of allowances shall be twice as
the levels as prescribed in Clause 2 of this Article.
In case judicial examination has
to be conducted on public holidays, holidays with pay as prescribed, level of
allowances shall be triple the levels as prescribed in Clause 2 of this
Article.
Article 3.
Allowances for ad hoc judicial expertise
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2. Level of allowances for a
judicial expert conducting examination on living persons as follows:
a) VND 160,000 for a request for
subspecialty examinations;
b) VND 200,000 for a request for
general examinations;
c) VND 300,000 for a request for
medical subspecialty consultation performed by judicial experts as experts in
the specialism.
3. Level of allowances for a
person who performs examination on a dead body that is not preserved properly
as prescribed or naturally rotten (without performing autopsy) as follows:
a) VND 600,000 for a dead body
within 48 hours;
b) VND 800,000 for a dead body
from 48 hours to seven days;
c) VND 1,000,000 for a dead body
more than seven days;
4. Level of allowances for a
person who performs autopsy on a dead body that is not preserved properly as
prescribed or naturally rotten as follows:
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b) VND 2,500,000 for a dead body
of from 48 hours to seven days;
c) VND 3,000,000 for a dead body
more than seven days;
d) VND 4,500,000 for a dead body
more than seven days and subject to exhumation;
5. In case a dead boy is
preserved under the Standard of the Ministry of Health, the judicial expert
shall enjoy 75% of the levels as prescribed in Clauses 3, 4 of this Article.
6. If forensic examinations are
conducted on dead bodies infected with HIV/AIDS, carrying particularly
dangerous infectious diseases or in the areas hit by infectious diseases of
Groups A, B as prescribed in Points a, b, Clause 1, Article 3 of the Law on
prevention and treatment of infectious diseases; or in contact with radioactive
substances as prescribed by the Ministry of Science and Technology, hazardous
chemicals as defined in the list enclosed with Decree No. 108/2008/ND-CP and
Decree No. 26/2011/ND-CP, and other hazardous and poisonous substances
according to relevant law provisions, level of allowances shall be applied
corresponding to provisions prescribed in Point c, Clause 3, or Point d, Clause
4 of this Article.
7. Level of allowances for a
person who conducts examination on human remains s as follows:
a) VND 3,000,000/remains;
b) VND 4,000,000/remains for
examinations being conducted in the areas hit by infectious diseases of Groups
A, B as prescribed in Points a, b, Clause 1, Article 3 of the Law on prevention
and treatment of infectious diseases; or in contract with radioactive
substances as prescribed by the Ministry of Science and Technology, hazardous
chemicals as defined in the list enclosed with Decree No. 108/2008/ND-CP and
Decree No. 26/2011/ND-CP, and other hazardous and poisonous substances
according to relevant law provisions;
Article 4.
Level of allowances for assistants to judicial experts; persons who are
assigned by competent state agencies to perform post-mortem examination,
autopsy and exhumation
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2. Procurators, investigators,
judges as prescribed in Clause 3, Article 1 hereof shall enjoy 30% of the level
enjoyed by the judicial expert.
Article 5.
Budget sources and principles of paying allowances for judicial expertise
1. Allowances for judicial
expertise on criminal cases or cases as solicited by competent investigation
agencies are ensured by state budget and allocated in annual funds of legal
proceeding agencies according to the Law on State Budget.
Annually, legal proceeding
agencies shall make cost estimates and make proposals to competent agencies for
approval and allocation of budgets for paying allowances for judicial
expertise; using the budget to pay allowances for judicial expertise is
prescribed by laws.
2. Budget to pay allowances for judicial
expertise on criminal cases, cases solicited by legal proceeding agencies at
the request of litigants shall be paid by litigants according to laws;
3. Upon receipt of results of
examinations, expertise soliciting agencies shall be responsible for advancing
allowances to organizations and individuals that carry out examinations.
Article 6.
Responsibilities of agencies
1. The Ministry of Justice shall
be responsible for monitoring and speeding up the implementation of allowance
regime for judicial expertise at ministries, regulatory bodies and local
governments; preside over and cooperate with the Ministry of Finance, the
Ministry of Public Security and relevant ministries and sectors in conducting
the inspection of the implementation of allowance regime for judicial
expertise; make partial and entire summing-ups, and report to the Prime
Minister.
2. Ministries, ministerial-level
agencies in charge of judicial expertise shall preside over and cooperate with
the Ministry of Justice and relevant ministries and sectors in guiding and
regulating judicial expertise and defining time and number of judicial experts
in the areas within management; organize and inspect the implementation of
allowance regime for judicial expertise in the areas within management; make
annual reports to the Ministry of Justice for compilation and reporting to the
Prime Minister.
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4. The Ministry of Finance shall
preside over and cooperate with the Ministry of Public Security, the Ministry
of Justice and relevant ministries and sectors in providing instructions on
foundations, procedures on the establishment of cost estimates, issuance,
management and use of budget to pay allowances for judicial expertise by legal proceeding
agencies; providing instructions on orders and procedures on payment of
allowances as prescribed hereof; preside over and cooperate with the Ministry
of Justice and relevant ministries and sectors in carrying out the inspection
of cost estimation, issuance and use of budget to pay allowances for judicial
expertise in ministries, sectors and localities.
5. The Ministry of Public
Security, the Ministry of National Defense and relevant agencies shall be
responsible for establishing cost estimates and make proposals to competent
agencies for approval and allocation of budgets for paying allowances for
judicial expertise solicited by legal proceeding agencies.
6. People’s committees of
central-affiliated cities and provinces shall be responsible for organizing and
inspecting the implementation of allowance regimes for judicial expertise in
localities and make annual reports to the Ministry of Justice for compilation
and reporting to the Prime Minister.
Article 7.
Effect
1. This decision takes effect since
March 15, 2014.
2. The Prime Minister’s Decision
No. 74/2009/QD-TTg dated May 07, 2009 on allowance regimes for judicial
expertise shall become invalid since the effective date of this Decision.
Article 8.
Implementation
Ministers, heads of ministerial-level
agencies, heads of governmental agencies, presidents of People’s committees of
central-affiliated cities and provinces and heads of relevant agencies shall be
responsible for executing this Decision./.
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THE
PRIME MINISTER
Nguyen Tan Dung