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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
85/2013/ND-CP
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Hanoi, July 29, 2013
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DECREE
STIPULATING
IN DETAIL AND MEASURES TO IMPLEMENT THE LAW ON JUDICIAL EXPERTISE
Pursuant to the Law on organization of the
Government dated December 25, 2001
Pursuant to the Law on Judicial Expertise dated
June 20, 2012;
Pursuant to Ordinance on costs of expertise and
valuation, costs of witness and interpreter in legal proceedings dated March
28, 2012;
At the proposal of the Minister of Justice;
The Government issues the Decree stipulating in
detail and measures to implement the Law on Judicial Expertise;
Chapter 1.
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Article 1. Scope of adjustment
This Decree stipulates the organization, functions
and duties of public judicial expertise organization; the establishment and
operation registration of judicial expertise office; preferential policies for
the judicial expertise office, publication of list of judicial expert ad hoc,
judicial expertise organization ad hoc; duties and powers of the ministries,
ministerial-level agencies, People's Committees of provinces and
centrally-affiliated cities (hereinafter referred to as provincial-level
People's Committee) for the operation of judicial expertise.
Chapter 2.
PUBLIC JUDICIAL
EXPERTISE ORGANIZATION
Article 2. Public judicial
expertise organization
1. The public judicial expertise organization
performs its judicial expertise at the request of expertise solicitor and
expertise requester as prescribed by the Law on judicial expertise and performs
extrajudicial expertise services at the request of organizations and
individuals.
The Ministry of Health, Ministry of Public
Security, Ministry of Defense and other ministries, ministerial-level agencies
specify the performance of extrajudicial expertise services of the public
judicial expertise organization under their sectors.
2. The Ministry of Health,
Ministry of Public Security, Ministry of Defense and other ministries,
ministerial-level agencies specify the working regulation of the public
judicial expertise organization under their sectors to ensure the timely
receipt of solicitation, request and implementation of judicial expertise.
Article 3. National Institute
of Forensic Medicine under the Ministry of Health
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a) Performing forensic examination as prescribed by
the procedural law and the Law on judicial expertise;
b) Developing regulations on forensic examination
for submission to the Ministry of Health for issuance;
c) Developing programs and materials and organizing
the guidance on fostering forensic professional ability;
d) Guiding, directing and examining forensic
professional ability for forensic examination organizations nation-wide as
prescribed by the Ministry of Health;
dd) Doing scientific research on specialized
forensics;
e) Performing activities in terms of international
cooperation on forensic medicine as prescribed by the Ministry of Health;
g) Summarizing and making annual report to the
Ministry of Health and the Ministry of Justice on organization and activities
of forensic examination and proposing measures to improve the efficiency of
forensic expertise activities;
h) Other duties as prescribed by the Minister of
Health
2. The National Institute of Forensic Medicine has
a Director and Deputy Directors. The Director and Deputy Directors in charge of
professional expertise must be judicial experts and appointed by the Minister of
Health.
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Article 4. Provincial-level
forensic center
1. Provincial-level forensic centers have their
functions and duties as follows:
a) Performing forensic examination as prescribed by
the procedural law and the Law on judicial expertise;
b) Doing scientific research on specialized
forensics;
c) Making annual report to Service of Health and
Service of Justice on organization and activities of forensic examination in
provincial area while sending report to the National Institute of Forensic
Medicine
d) Other duties prescribed by provincial-level
People’s Committee;
2. The provincial-level forensic Center has a
Director and Deputy Directors. The Director and Deputy Directors in charge of
professional expertise must be judicial experts. Director of Service of Health
shall appoint the provincial-level forensic Center and inform Service of
Justice of the appointment.
3. The provincial-level forensic Center is a public
non-business unit operating under the provisions of the Law on judicial
expertise, this Decree and other regulations of relevant laws.
Article 5. Military forensic
institute under the Ministry of Defense
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a) Performing forensic examination as prescribed by
the procedural law and the Law on judicial expertise;
b) Doing scientific research on specialized
forensics;
c) Performing activities in terms of international
cooperation on forensic medicine as prescribed by the Ministry of Defense;
d) Summarizing and making annual report to the
Ministry of Health, Ministry of Justice on organizing activities of forensic
examination in the army and also to the National forensic Institute;
dd) Other duties as prescribed by the Minister of
Defense.
2. The military forensic institute has Director and
Deputy Directors. The Director and Deputy Directors in charge of professional
expertise must be judicial experts;
The appointment of Director and Deputy Directors of
the military forensic Institute complies with regulations of the Minister of
Defense.
Article 6. Forensic examination
center under the Institute of Criminal Science, Ministry of Public Security
1. The forensic examination Center under the
Institute of Criminal Science, Ministry of Public Security has its functions
and duties as follows:
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b) Doing scientific research on specialized
forensics;
c) Other duties as prescribed by the Minister of
Public Security.
2. The forensic examination Center under the
Institute of Criminal Science, Ministry of Public Security has Director and
Deputy Directors. The Director and Deputy Directors in charge of professional
expertise must be judicial experts;
The appointment of Director and Deputy Directors of
the forensic examination Center complies with regulations of the Minister of
Public Security.
Article 7. The Central
Institute of Forensic Psychiatry under the Ministry of Health
1. The Central Institute of Forensic Psychiatry has
its functions and duties as follows:
a) Performing the psychiatric forensic examination
as prescribed by the procedural law and the Law on judicial expertise;
b) Developing regulations on psychiatric forensic
examination for submission to the Minister of Health;
c) Developing programs, materials and organizing
the guidance on fostering psychiatric forensic professional ability;
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dd) Doing scientific research on psychiatric
specialized forensics;
e) Performing activities in terms of international
cooperation on psychiatric forensic medicine as prescribed by the Ministry of
Health;
g) Summarizing and making annual report to the
Ministry of Health and the Ministry of Justice on organization and activities
of psychiatric forensic examination and proposing measures to improve the
efficiency of psychiatric forensic expertise activities;
h) Other duties as prescribed by the Minister of
Health.
2. The Central Institute of Forensic Psychiatry has
a Director and Deputy Directors. The Director and Deputy Directors in charge of
professional expertise must be judicial experts and appointed by the Minister
of Health.
3. The Central Institute of Forensic Psychiatry is
the public non-business unit operating under the provisions of the Law on
judicial expertise, this Decree and other regulations of relevant laws.
Article 8. Area psychiatric
forensic center under the Ministry of Health
1. The area psychiatric forensic center has its
functions and duties as follows:
a) Performing forensic examination as prescribed by
the procedural law and the Law on judicial expertise;
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c) Making report to the Ministry of Health on the
organization and psychiatric forensic examination while submitting annual
report to the Central Institute of Forensic Psychiatry
d) Other duties as prescribed by the Minister of
Health.
2. The area psychiatric forensic center has a
Director and Deputy Directors. The Director and Deputy Directors in charge of
professional expertise must be judicial experts and appointed by the Minister
of Health.
3. The area psychiatric forensic center is a public
non-business unit operating under the provisions of the Law on judicial
expertise, this Decree and other regulations of relevant laws.
Article 9. Institute of
Criminal Science under the Ministry of Public Security
1. The Institute of Criminal Science has its
functions and duties as follows:
a) Performing the forensic criminal technical
expertise as prescribed by the procedural law and the Law on judicial
expertise;
b) Developing regulations on criminal technical
expertise for submission to the Minister of Public Security for promulgation;
c) Developing programs and materials and organizing
the guidance on fostering criminal technical professional ability;
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dd) Doing scientific research on specialized
forensic and criminal techniques;
e) Performing activities in terms of international
cooperation on psychiatric forensic medicine as prescribed by the Ministry of
Public Security;
g) Summarizing and making annual report to the
Ministry of Public Security and the Ministry of Justice on organization and
activities of criminal technical expertise; summarizing and making report to
the Ministry of Public Security, Ministry of Health and Ministry of Justice on
organization and forensic activities in the public security sector and also to
the National Institute of Forensic Medicine and proposing measures to improve
the efficiency of forensic and criminal technical expertise activities;
h) Other duties as prescribed by the Minister of
Public Security.
2. The Institute of Criminal Science has a Director
and Deputy Directors. The Director and Deputy Directors in charge of
professional expertise must be judicial experts and are appointed under the
regulations of the Minister of Public Security.
Article 10. Criminal technical
expertise Division under provincial-level Public Security
1. The criminal technical expertise Division has
its functions and duties as follows:
a) Performing criminal technical expertise as
prescribed by the procedural law and the Law on judicial expertise;
b) Doing scientific research on specialized
criminal technique;
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d) Other duties as prescribed by the Ministry of
Public Security.
2. The criminal technical expertise Division under
the provincial-level Public Security has the Head and Deputy Heads. The
Head and Deputy Heads in charge of professional expertise must be judicial
experts and appointed under the regulations of the Minister of Public Security.
Article 11. Criminal technical
expertise Division under the Ministry of Defense
1. The criminal technical expertise Division has
its functions and duties as follows:
a) Performing the criminal technical expertise as
prescribed by the procedural law and the Law on judicial expertise;
b) Doing scientific research on specialized
criminal technique;
c) Summarizing and making annual report to the
Ministry of Defense on organization and criminal technical activities and also
to the Institute of Criminal Science under the Ministry of Public Security;
d) Other duties as prescribed by regulations of the
Minister of Defense.
2. The Criminal technical expertise Division under
the Minister of Defense has the Head and Deputy Heads. The Head and Deputy
Heads in charge of professional expertise must be judicial experts and
appointed under the regulations of the Minister of Public Security.
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JUDICIAL EXPERTISE
OFFICE
Article 12. Judicial expertise
office
1. The judicial expertise Office is organized and
operating under the provisions of the Law on Judicial Expertise, Enterprise
Law, this Decree and other regulations of relevant laws.
2. For the judicial expertise Office operating
under the type of partnership, then its members must be judicial experts. The
judicial expertise Office may have capital contributors.
3. The name of judicial expertise Office includes
the phrase “Judicial expertise Office” followed by a proper name. The naming
and attachment of signboard of Office comply with regulations of law.
4. The judicial expertise Office has its separate
head office, seal and account as prescribed by law.
Article 13. Application for
establishment, draft Regulation on organization and operation of the judicial
expertise Office
1. Application for establishment of the judicial
expertise Office specified at Point a, Clause 2, Article 16 of the Law on
judicial expertise must have the main contents as follows:
a) Full name, date of birth, place of permanent
residence registration, identity card number of the person asking for the
establishment of the Office;
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c) Name and expected address of the Office;
d) Area of judicial expertise;
dd) Commitment to compliance with law in the course
of operation.
2. Draft Regulation on organization and operation
of the judicial expertise Office specified at Point the certification
Organization, Clause 2, Article 16 of the Law on judicial expertise operating
in the form of private enterprise must have the following main contents:
a) Name and expected of the Office;
b) Area of judicial expertise;
c) Full name, date of birth, place of permanent
residence registration, identity card number of the legal representative of the
Office;
d) List of judicial experts working under the
contract (if any);
dd) Regulations on the employment of judicial
experts;
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g) Regulations on information
and report;
h) Effect.
3. In addition to the contents specified in Clause
2 of this Article, the draft Regulation on organization and operation of the
judicial expertise Office operating in the form of partnership also has the
following main contents:
a) Full name of partners and capital contributor
(if any);
b) Contributed capital of partners and capital
contributor (if any);
c) Rights and obligations of partners and capital
contributor (if any);
d) Management structure;
dd) Procedures for passing Office’s decision;
e) Grounds and methods of determining compensation,
salary and bonus for partners, capital contributors and employees;
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h) Cases of termination of operation and procedures
for asset disposal;
i) Procedures for amending and supplementing the
Regulation;
k) Full name and signatures of partners;
l) Other contents agreed by
the partners not in contradiction with regulations of law.
Article 14. Application for
operation registration, Operation registration Certificate of judicial
expertise Office
1. Application for operation registration of
judicial expertise Office specified at Point a, Clause 2, Article 17 of the Law
on judicial expertise must have the following main contents:
a) Decision number on Office’s establishment;
b) Full name of Office and abbreviated name (if
any);
c) Address of Office’s head office;
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dd) Area of judicial expertise;
e) List of Office’s partners (if any).
2. Operation registration Certificate of judicial
expertise Office
a) Certificate of registration number, date, month
and year of issuance of Operation registration Certificate;
b) Office’s name, decision number on Office’s
establishment;
c) Address of Office’s headquarters;
d) Area of judicial expertise;
dd) Full name of Office’s legal representative;
e) Full name, place of registration of permanent
residence of the partners (if any).
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1. When modifying name, address of head office and
legal representative of Office, list of partners, the judicial expertise Office
is re-issued the Operation registration Certificate.
Within 05 working days, after the modification of
name, address of head office and legal representative of Office, list of
partners, the judicial expertise Office has to submit application for re-issuance
of Operation registration Certificate together with the old Operation
registration Certificate to Service of Justice where the operation registration
has been done.
Within 05 working days, after receiving valid
dossier, the Service of Justice shall review and re-issue Operation
registration Certificate to the judicial expertise Office. In case of failing
to re-issue Operation registration Certificate, the Service of Justice shall
notify in writing specifying the reasons. The judicial expertise Office which
is rejected with the issuance of Operation registration Certificate may lodge
complaint and initiate lawsuit as prescribed by law.
2. If the Operation registration Certificate is
damaged or lost, the judicial expertise Office shall be re-issued with
Operation registration Certificate;
The judicial expertise Office has to submit
application for the re-issuance of Operation registration Certificate to
Service of Justice where its operation has been registered to prove that the
Operation registration Certificate has been damaged or lost.
Within 05 working days, after receiving valid
dossier, the Service of Justice shall review and re-issue Operation
registration Certificate to the judicial expertise Office. In case of failing
to re-issue Operation registration Certificate, the Service of Justice shall
notify in writing specifying the reasons. The judicial expertise Office which
is rejected with the issuance of Operation registration Certificate may lodge
complaint and initiate lawsuit as prescribed by law.
3. Application for re-issuance of Operation
registration Certificate must have the contents specified in Clause 1, Article
14 of this Decree.
Article 16. Notification and
publication on the contents of operation registration
1. Within 15 days after the issuance or re-issuance
of Operation registration Certificate, the Service of Justice shall notify in
writing the contents of operation registration of the judicial expertise Office
to the tax agency, statistics agency, provincial-level Public Security agency,
district-level People’s Committee and communal-level People’s Committee where
the judicial expertise Office is located.
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a) Name, address of Office’s
headquarters;
b) Full name of Office’s legal representative;;
c) Number, date, month and year of issuance of
Operation registration Certificate, place of operation registration;
3. If being issued with Certificate of operation
registration, the judicial expertise Office has to publish on newspapers the
changes of content in the Certificate of operation registration.
Article 17. Modification and
supplementation of area of expertise of judicial expertise Office
1. The judicial expertise Office modifying and
supplementing area of expertise has to submit application to the Service of
Justice where the judicial expertise Office has registered its operation
together with the plan for modification and supplementation of area of
expertise specified at Point b, Clause 3 of this Article.
2. Within 30 days after receiving valid dossier,
the Director of Service of Justice shall review, appraise and agree with the
head of the specialized agency of the provincial-level People's Committee
managing the field of judicial expertise for submission to Chairman of
provincial-level People's Committee for consideration and decision.
Within 15 days after the Service of Justice has
submitted dossiers, Chairman of provincial-level People's Committee shall
review and make a decision on permitting the modification and supplementation
of area of expertise. If the modification and supplementation are not
permitted, there must be a written notice specifying the reasons. The judicial
expertise Office which is rejected with modification and supplementation of
area of expertise may lodge complaint or initiate lawsuit as prescribed by law.
3. Dossier to request the modification and
supplementation of area of expertise of the judicial expertise Office includes:
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b) The plan for modification and supplementation of
area of expertise stating the conditions on personnel, facilities, equipment
and means of expertise as prescribed by the Ministry, the ministerial agencies
professionally managing the area of expertise and plan for implementation in
accordance with the modification and supplementation of areas of expertise;
c) The copy of decision on judicial expert
appointment in accordance with the modification and supplementation of areas of
expertise;
d) The issued Decision on permitting the
establishment of the judicial expertise Office;
4. Within 01 year after being permitted for
modification and supplementation of area of expertise by Chairman of
provincial-level People’s Committee, the judicial expertise Office shall carry
out the registration of contents modified and supplemented at the Service of
Justice. Beyond the above time limit, if the judicial expertise Office does not
register its modification and supplementation of area of expertise, the
Decision on permitting the modification and supplementation of area of expertise
shall be invalid.
5. Dossier, order and procedures for registration
of modification and supplementation of area of expertise comply with the
provisions in Article 17 of the Law on judicial expertise and relevant
provisions of this Decree.
Article 18. Rights and
obligations of the judicial expertise Office
1. The judicial expertise Office has the right:
a) To hire judicial experts and employees to work
for the Office;
b) To collect payment of judicial expertise as
prescribed by law.
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d) To enjoy preferential policies on tax under the
provisions of Article 22 of this Decree.
2. The judicial expertise Office has the
obligations:
a) To publicize the charge of judicial expertise;
b) To implement regulations on social insurance and
health insurance for employees of the Office as prescribed by law;
c) To comply with regulations of law on labor, tax,
finance, statistics, and comply with the requirements of competent state
authorities on examination and inspection;
d) To make annual report to Service of Justice and
specialized agencies under provincial-level People’s Committee on organization
and operation of judicial expertise
dd) To make payment of operation fee by the fee
rate of enterprise’s business registration and in accordance with relevant
laws.
3. The rights and obligations as prescribed, of the
Law on judicial expertise, procedural law and other regulations of relevant
laws.
Article 19. Conversion of type
of judicial expertise Office
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2. Dossier to request the
conversion of type of operation of the judicial expertise Office includes:
a) Application for conversion;
b) Plan for conversion of type of operation
specifying the reason for conversion, organization and operation of the
judicial expertise Office by the time of request for conversion, expected
organization, name, location of head office, personnel, facilities, equipment,
and means of expertise;
c) Copy of decision on judicial expert appointment
d) Decision on Office establishment;
dd) New draft Regulation on Office’s organization
and operation;
3. Within 07 working days after fully receiving
dossiers as specified in Clause 2 of this Article, the Service of Justice shall
submit them to Chairman of provincial-level People’s Committee for reviewing
and deciding on permission for conversion of type of operation of the judicial
expertise Office. In case of disapproval, there must be a written notice
stating the reasons. The judicial expertise Office which is rejected with
conversion of type of operation may lodge complaint or initiate lawsuit as
prescribed by law.
4. Within 10 days after receiving valid dossier,
Chairman of provincial-level People’s Committee shall review and decide on
permission for conversion of type of operation of the judicial expertise
Office. In case of disapproval, there must be a written notice stating the
reasons. The judicial expertise Office which is rejected with conversion of
type of operation may lodge complaint or initiate lawsuit as prescribed by law.
5. Within 15 days after receiving the decision on
permitting the conversion, the judicial expertise Office has to register its
operation at Service of Justice. When making registration, the Office must have
application for operation registration, a copy of decision on permitting the
Office’s conversion and papers evidencing the eligibility to ensure the
operation of the judicial expertise Office under the Plan specified at Point b,
Clause 2 of this Article.
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6. The judicial expertise Office which has been
converted with its type may operate on the date of issuance of Certificate of
operation registration, inherit all the rights, obligations and
responsibilities and archive all dossiers and documents of the previous Office.
Article 20. Revocation of
Certificate of operation registration of the judicial expertise Office
1. The judicial expertise Office is revoked its
Certificate of operation registration in one of the following cases:
a) There are enough judicial experts as prescribed;
b) Performing judicial expertise improperly with
the registered areas;
c) Seriously violating the law or being sanctioned
with administrative violation for the second time but still doing it again.
d) Other cases as prescribed by law.
2. The Service of Justice shall issue a decision on
revoking Certificate of operation registration of the judicial expertise Office
within 07 working days after detecting one of cases specified in Clause 1 of
this Article.
The Service of Justice shall notify in writing to
agencies and organizations specified in Clause 1, Article 16 of the revocation
of Certificate of operation registration of the judicial expertise Office.
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1. The judicial expertise Office shall be
terminated its operation in the following cases
a) Being terminated by itself;
b) Being revoked its Certificate of operation
registration as specified in Article 20 of this Decree.
2. In case of termination of operation as
prescribed at Point a, Clause 1 of this Article, within 30 days before the
expected time of termination of operation, the judicial expertise Office has to
submit a written report to Service of Justice where its operation has been
registered.
The judicial expertise Office has to complete its
expertise for solicitation and request for judicial expertise received, make
repayment of debts, perform procedures for termination of labor contracts
signed with the laborers and publish on the central or local newspapers in two
consecutive issues the expected time of termination of operation.
Service of Justice shall notify in writing the
termination of operation of the judicial expertise Office to the agencies and
organizations specified in Clause 1, Article 16 of this Decree.
3. If the judicial expertise
Office is terminated its operation as prescribed at Point b, Clause 1 of this
Article, within 07 working days after revoking the Certificate of operation
registration, the Service of Justice shall notify to the agencies and
organizations as specified in Clause 1, Article 16 of this Article.
The judicial expertise Office has its obligation to
make repayment of debts, perform procedures for termination of labor contracts
signed with the laborers and publish on the central or local newspapers in two
consecutive issues the expected time of termination of operation and transfer
all dossiers archived for judicial expertise to Service of Justice where its
operation has been registered.
For expertise requests received but not yet
performed, the judicial expertise Office shall return their dossiers, expertise
subjects and expertise charges collected from the expertise solicitor or
requester.
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Article 22. Policies for the
judicial expertise Office
The judicial expertise Office shall enjoy tax
preference as prescribed by regulations of law on tax.
Chapter 4.
PUBLISHING LIST OF AD
HOC JUDICIAL EXPERTS AND ORGANIZING AD HOC JUDICIAL EXPERTISE
Article 23. Time for
publishing list of ad hoc judicial experts and organizing ad hoc judicial
expertise
1. The ministries, ministerial-level agencies and
provincial People's Committee specified in Clause 1, Article 20 of the Law on
judicial expertise shall review, select, prepare and publish a list of ad hoc
judicial experts and ad hoc judicial expertise organization before November 30
each year,
2. In case there is a change in information related
to the ad hoc judicial experts and ad hoc judicial expertise organization
published, the ministries, ministerial-level agencies and provincial People's
Committee shall modify the list and notify the Ministry of Justice within 07
working days after modification of list.
Article 24. Information about
the ad hoc judicial experts and ad hoc judicial expertise organization
1. Information about the ad hoc judicial experts is
published as prescribed in Article 23 of this Decree including:
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b) Date of birth;
c) Working place or residence;
d) Areas of expertise;
dd) Experience in professional activities and
judicial expertise.activities.
2. Information about the ad hoc judicial expertise
organization is published as prescribed in Article 23 of this Decree including:
a) Name of organization;
b) Number, date, month and year of establishment;
c) Address of organization;
d) Areas of expertise;
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Chapter 5.
REGIME FOR JUDICIAL
EXPERTS AND JUDICIAL EXPERTISE PARTICIPANTS
Article 25. Remuneration
regime for judicial expertise
1. The remuneration regime for judicial expertise
specified in Article 37 of the Law on judicial expertise is applicable for the
following:
a) Ad hoc judicial experts and judicial expertise
performers who get paid from the state budget perform judicial expertise;
b) The judicial expertise performers ’ helpers who
get paid from the state budget include: assistants, technicians, physicians,
criminal technical officials in case of mortem examination, autopsy, exhumation
and others assigned by the Head of organization solicited for expertise or
appointed by the judicial expertise performers responsible for
coordinating the expertise.
c) Investigators, prosecutors and judges assigned
by competent state agency to be present and perform duties during the time of
expertise in case of mortem examination, autopsy, exhumation.
2. If the organization is
solicited or requested for expertise, this organization shall make payment of
remuneration for expertise to the subjects specified at Point a, b, Clause 1 of
this Article from the charge of judicial expertise collected from the expertise
solicitor or requestor.
The proceedings-conducting agency shall
make payment of expertise remuneration to the subjects specified at Point c,
Clause 1 of this Article from the funding for investigation, prosecution and
adjudication included in the annual budget estimate of the proceedings-conducting agency.
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Article 26. Regulation on
allowance for judicial experts
The judicial experts enjoying salary from the state
budget in the area of forensic medicine, psychiatric forensic medicine and
criminal technical technique are entitled to responsibility and judicial
expertise allowance.
Judicial experts of public judicial expertise
organization in the area of forensic medicine, psychiatric forensic medicine
under the health sector are entitled to preferential job allowances.
Chapter 6.
STATE MANAGEMENT OVER
JUDICIAL EXPERTISE
Article 27. Duties and powers
of ministries, ministerial-level agencies, provincial-level People's Committee
1. Ministries, ministerial-level
agencies have duties and powers as follows:
a) The Ministry of Health shall assume the prime
responsibility and coordinate with the Ministry of Public Security and Ministry
of Justice to issue the Regulation on coordination between the provincial-level
forensic centers and the criminal technical expertise Division under
provincial-level Public Security and the agencies concerned in receiving
solicitation and perform forensic examination;
b) The Ministry of Health prescribed the performing
agencies, organizations content, training or retraining time for issuing
certificate of forensic examination and psychiatric forensic examination
profession as prescribed at Point c, Clause 1, Article 7 of the Law on judicial
expertise;
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c) The Ministry of Health is responsible for
consolidating the organization and operation of the National Institute of
Forensic Medicine and the Central Institute of Forensic Psychiatry;
establishing and ensuring the conditions necessary for the area psychiatric
forensic center comes into operation; guiding the organizational structure and
the apparatus of the provincial-level forensic Center in accordance with the
Law on judicial expertise and this Decree;
The Ministry of Public Security is responsible for
consolidating the organization and activities of the Institute of Criminal
Science and the Criminal technical expertise Division under the
provincial-level as prescribed by the Law on judicial expertise and this
Decree;
The Ministry of Defense is responsible for
consolidating the organization the organization and activities of the military
forensic Institute and the criminal technical expertise Division as prescribed
by the Law on judicial expertise and this Decree;
d) The Ministry of Health shall assume the prime
responsibility and coordinate with the Ministries and sectors concerned to
study and propose the competent state authority to prescribe the code or
professional title for specialized judicial experts and participants of
judicial expertise activities of the public judicial expertise organizations in
the area of forensic medicine and psychiatric forensic medicine; monitor, urge,
summarize and report to the Prime Minister on the implementation of regulations
and preferential policies for specialized judicial experts and participants of judicial
expertise activities of the public judicial expertise organizations in the area
of forensic medicine and psychiatric forensic medicine;
dd) The Ministry of Health shall assume the prime
responsibility and coordinate with the Ministry of Public Security to perform
the examination and inspection on the forensic examination activities in the
public security sector. The Ministry of Public Security shall assume the prime
responsibility and coordinate with the Ministry of Defense to perform the
examination and inspection on the criminal technical expertise activities in
the army.
e) The ministries and ministerial-level agencies
shall issue regulation on judicial expertise in the field of their management
competence. In case of failing to issue regulation for the judicial expertise,
the ministries and ministerial-level agencies shall guide the application of
professional regulation for judicial expertise activities in the field of
management competence of their ministries and sectors;
g) The ministries and ministerial-level agencies
shall review the team of ad hoc judicial expertise performers and judicial
examination organizations to annually post the list on the web portal of the
ministries and ministerial-level agencies, while submitting it to the Ministry
of Justice to regulate in the general list;
h) The ministries and ministerial-level agencies
will develop criteria to evaluate the quality of activities of judicial
expertise performers, public judicial expertise organizations and ad hoc
judicial expertise organizations under their management competence;
Based on the criteria to evaluate the quality of
activities, the ministries and ministerial-level agencies shall evaluate the
quality of activities of judicial expertise performers, public judicial expertise
organizations and ad hoc judicial expertise organizations under the management
competence of the ministries and ministerial-level agencies.
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a) Consolidating organization and operation of
provincial-level forensic Center as prescribed by the Law on judicial
expertise, this Decree and other relevant regulations of law.
b) Reviewing the team of judicial expertise
performers and ad hoc judicial expertise organizations post the list on the web
portal of provincial-level People’s Committee annually, while submitting it to
the Ministry of Justice to regulate in the general list;
c) Based on the criteria to evaluate the quality of
activities, annually evaluating the quality of activities of judicial expertise
performers, public judicial expertise organizations and ad hoc judicial
expertise organizations at localities.
Article 28. Duties and powers
of Service of Justice and the specialized agencies of the provincial-level
People's Committee
1. Service of Justice has duties
and power as follows:
a) Assuming the prime responsibility and
coordinating with specialized agencies of provincial-level People's Committee
managing the area of judicial expertise to verify dossiers for establishment
the judicial expertise Office, conversion of type of operation, modification
and supplementation of Office’s area of expertise in order to submit them to
provincial-level People's Committee for review and decision; assuming the prime
responsibility and coordinating with specialized agencies of provincial-level
People's Committee to perform operation registration of the judicial expertise
Office.
b) Assuming the prime responsibility or
coordinating with specialized agencies of provincial-level People's Committee
managing the area of judicial expertise to foster legal knowledge for local
judicial experts.
c) Coordinating with Service of Health to develop
plan for submission to provincial-level People's Committee to form and
consolidate the public judicial expertise organization in the area of forensic
medicine;
d) Coordinating with specialized agencies of
provincial-level People's Committee managing the area of judicial expertise to
propose the provincial-level People's Committee to appoint or dismiss local
judicial experts.
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e) Annually assuming the prime responsibility or
coordinating with specialized agencies of provincial-level People's Committee
managing the area of judicial expertise to evaluate the organization and
quality of activities of local judicial expertise; proposing provincial-level
People's Committee the solutions to ensure the number and quality of team of
judicial expertise performer to promptly meet with quality the expertise
requests from local procedural activities.
g) Assuming the prime responsibility or
coordinating with specialized agencies of provincial-level People's Committee
managing the area of judicial expertise to examine, inspect and settle
complaint and denunciation of judicial expertise under its competence.
h) Making annual report to the Ministry of Justice
and provincial-level People's Committee on organization and operation of local
judicial expertise.
2. The specialized agency of the Provincial
People's Committee has its duties and powers as follows:
a) Assuming the prime responsibility and
coordinating with Service of Justice in selecting and proposing the
provincial-level People's Committee to appoint or dismiss judicial experts.
b) Assuming the prime responsibility and coordinating
with Service of Justice in selecting and forming list of judicial expertise
performers and ad hoc judicial expertise organizations at localities.
c) Preparing operation fund estimate for public
judicial expertise organization under its management;
d) Assuming the prime responsibility and
coordinating with Service of Justice in fostering professional ability for
local judicial experts.
dd) Assuming the prime responsibility and
coordinating with Service of Justice in examining and inspecting the implementation
of law on judicial expertise; settling complaints and denunciation under its
competence;
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g) Making annual report to the ministries,
ministerial-level agencies managing the specialized area of judicial expertise
and provincial-level People’s Committee on organization and operation of
judicial expertise under its specialized management area at localities while
submitting report to Service of Justice for general sum-up.
h) In addition to duties and powers specified at
Points a, b, c, d, dd, e, g, Clause 2
of this Article, the Service of Justice, the Service of Justice shall assume
the prime responsibility and coordinate with the Service of Justice to propose
the provincial-level People’s Committee to form, consolidate the
provincial-level forensic Center
Chapter 7.
IMPLEMENTATION PROVISION
Article 29. Transitional
provision
1. The judicial experts who are appointed as
prescribed by the Judicial Expertise Ordinance and Decree No. 67/2005/ND-CP dated May 19, 2005 of the Government detailing a number of
articles of the Judicial Expertise Ordinance shall not be appointed again.
2. The beneficiaries of remuneration regime for
judicial expertise specified in Clause 1, Article 25, the judicial experts who
are entitled to the policy of allowance specified in Clause 26 of this Decree
shall continue to enjoy the policy of judicial expertise remuneration; the
regime of preferential job allowance and other existing regimes until there are
new substitute regulations.
3. For forensic examination without corpse but its
solicitation has been received and performed by the criminal technical Division
under the provincial-level Public Security before January 01, 2013 but not yet
completed, it shall be made until the end of such expertise.
4. Within 02 years from the effective date of the
Law on judicial expertise, the area psychiatric forensic center must be
established.
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5. Regulations on judicial expertise charge in each
area of judicial expertise shall apply until the specific regulations on
judicial expertise charge are issued and superseded.
Article 30. Effect
1. This Decree takes effect on September 15, 2013.
2. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, Chairmen of People's Committees of
provinces and centrally-affiliated cities are liable to execute this Decree.
People's Committees of provinces and
centrally-affiliated cities where the area psychiatric forensic center is
located shall facilitate the establishment and operation of the area
psychiatric forensic center at the proposal of the Ministry of Health.
3. Based on their functions, duties and
powers, the Ministry of Justice, Ministry of Health, Public Security, Defense,
Finance, Home Affairs and the ministries and ministerial-level agencies
concerned are liable to guide the implementation of this Decree.
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