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PRIME MINISTER
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 08/2025/QD-TTg
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Hanoi, April 04,
2025
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DECISION
ON
JUDICIAL EXPERTISE ALLOWANCES
Pursuant to the Law on Government organization dated
February 18, 2025;
Pursuant to the Law on Judicial Expertise dated
June 20, 2012; Law amending and supplementing a number of articles of the Law
on Judicial Expertise dated June 10, 2020;
Pursuant to Decree No. 85/2013/ND-CP dated July
29, 2013 of the Government elaborating the Law on Judicial Expertise; Decree
No. 157/2020/ND-CP dated December 31, 2020 of the Government amending Decree
No. 85/2013/ND-CP dated July 29, 2013 of the Government elaborating the Law on
Judicial Expertise;
At the request of the Minister of Justice;
The Prime Minister issues a Decision on the
judicial expertise allowances.
Article 1. Scope
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2. Regulated subjects:
a) Subjects entitled to judicial expertise
allowances:
Judicial experts, subject-matter judicial experts
who receive salaries from state budget.
assistants of judicial experts who receive salaries
from the state budget, including: Assistants, technicians, medical orderly, and
other individuals assisting judicial experts, directly participating in the
process of judicial expertise that are assigned by the head of the organization
requested for judicial expertise or by the by judicial experts who coordinate
the expertise; crime scene investigative technicians in case of participation
in post-mortem examination, autopsy, exhumation;.
Investigators, procurators, judges assigned by
competent state authorities to perform duties such as post-mortem examination,
autopsy and exhumation;
b) Other relevant agencies, organizations and
individuals.
Article 2. Judicial expertise
allowances by working day
1. Judicial expertise allowances by working day
shall apply to judicial expertise in areas such as: criminal techniques;
finance; banking; culture; construction; agriculture and environment; science
and technology; industry and trade; justice and other areas not specified in
Article 3 hereof.
2. Level of allowances for judicial experts working
in one of the areas specified in Clause 1 of this Article is prescribed as
follows:
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b) VND 300.000 for complex professional
examinations; examinations conducted on subjects carrying infectious diseases
or in areas hit by dangerous infectious diseases of Group B as prescribed in
Point b of Clause 1 of Article 3 of the Law on infectious disease prevention and
control, or in polluted environment other than the cases as prescribed in Point
c of this Clause;
c) VND 600.000 for 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 of Clause 1 of Article 3 of the Law on infectious disease prevention
and control; or in contact with radioactive substances as prescribed by the
Ministry of Science and Technology, hazardous chemicals specified in
regulations of the Government and other competent authorities.
3. Level of allowances for judicial experts working
in multiple areas specified in Clause 1 of this Article is prescribed as
follows:
a) VND 500.000 for cases not prescribed in Points b
and c of this Clause;
b) VND 700.000 for complex professional
examinations required performers to be an expert in the area of such
examination; examinations conducted on subjects carrying infectious diseases or
in areas hit by dangerous infectious diseases of Group B as prescribed in Point
b of Clause 1 of Article 3 of the Law on infectious disease prevention and
control, or in polluted environments other than the cases as prescribed in
Point c of this Clause;
c) c) VND 1.000.000 for examinations conducted on
subjects in conditions that are dangerous to health and life; 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 of Clause 1 of Article 3 of the Law on infectious disease
prevention and control; or in contact with radioactive substances as prescribed
by the Ministry of Science and Technology, hazardous chemicals specified in
regulations of the Government and other competent authorities.
4. A working day for judicial examination is 8
hours. Allowance for an examination shall be calculated as follows:
Allowances
=
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8 hours
Time and volume of work required for judicial
examination according to the standard process in each area are prescribed by
ministries and ministerial agencies in charge of judicial expertise.
5. If the duration of the judicial examination
exceeds 8 hours per day, total extra time should not exceed 300 hours per year.
6. 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, clause 3 of this Article.
In case judicial examination has to be conducted on
public holidays as prescribed, level of allowances shall be triple the levels
as prescribed in clause 2, clause 3 of this Article.
Article 3. Subject-matter
judicial expertise allowances
1. Subject-matter judicial expertise allowances day
shall apply to judicial expertise related to forensic examination and
psychiatric forensic examination.
2. Allowances for person performing forensic
examinations are prescribed as follows:
a) Level of allowances for a person performing examination
on living persons at the request of a judicial expert:
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VND 500.000/request (for cases requiring in-depth
professional consultations by experts in various specializations)
b) 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:
VND 900.000 for a dead body within 48 hours;
VND 1.200.000 for a dead body from 48 hours to
seven day old;
VND 1.500.000 for a dead body more than seven days;
c) 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:
VND 2.000.000 for a dead body within 48 hours;
VND 3.000.000 for a dead body from 48 hours to
seven day old;
VND 4.500.000 for a dead body more than seven days
and not subject to exhumation or under seven days and subject to exhumation
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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 point b and point c of clause 2 of this Article.
d) The level of allowances for a person performing
examination of the type of injury-causing objects, toxic substances, DNA,
histopathology, documentation, and other types of examinations in the area of
forensic examination:
VND 250.000/qualitative drug testing in biological
fluid samples, hair, or quantitative alcohol testing in blood, or for single
substance testing in biological fluids; VND 400.000/quantitative drug testing
in biological fluids, hair.
VND 300.000/ Nuclear DNA test; VND 500.000/
Mitochondrial DNA test.
VND 500.000/examination of mechanism and type of
injury-causing objects.
VND 600.000/examination of toxic substances in
organ tissues, biological fluids.
VND 800.000/histopathological examination.
VND 1.000.000/documentation examination.
If there are 10 or more samples, the allowances shall
increase by an additional 20% compared to the standard level.
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VND 4.000.000/remain.
In cases where examinations that require experts in
many specializations, the allowance for a consultation expert is VND
500.000/examination.
3. Allowances for a person performing psychiatric
forensic examination are prescribed as follows:
a) Examinations at a clinic or on-site
VND 500.000/examination.
b) Documentation examinations
VND 2.000.000/examination.
c) Inpatient examinations
VND 6.000.000/examination.
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Article 4. Allowances for
assistants to judicial experts; persons who are assigned by competent
state authorities to perform post-mortem examination, autopsy and exhumation
1. Assistants to judicial experts as prescribed in
Clause 2 of Article 1 hereof shall be entitled to 70% of the allowances of the
judicial experts.
2. Investigators, procurators, and judges specified
in point a of clause 2 of Article 1 hereof shall be entitled to 30% of the
allowance of the judicial experts.
Article 5. Funding sources and
rules for paying judicial expertise allowances
1. Judicial expertise allowances for criminal cases
or matters subject to judicial expertise as solicited by competent
investigation agencies are ensured by the 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 request the competent authority to approve and allocate funds to
ensure the payment of judicial expertise allowances. The use of funds for the
payment of judicial expertise allowances must be carried out in accordance with
the law.
2. Funds for payment of judicial expertise
allowances for criminal cases and matters subject to judicial expertise
solicited by legal proceeding agencies at the request of involved parties shall
be paid by the involved parties 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. Implementation
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2. Based on the specific requirements and nature of
the situation, the ministry or ministerial-level agencies in charge of judicial
expertise shall take charge and cooperate with relevant ministries and central
authorities in providing guidance and regulations on the application of
allowance levels and determining the time and number of persons performing each
type of forensic examination under their management; organize and inspect the
implementation of the judicial expertise allowance policies under their
management; annually review and compile statistics, assess the implementation
of judicial expertise allowance policies in the areas under their management,
and submit reports to the Ministry of Justice for consolidation and reporting
to the Prime Minister.
3. The Ministry of Public Security shall take
charge and cooperate with the Ministry of Justice and relevant ministries and
central authorities in regulating composition and number of people assigned by
competent state authorities for performing post-mortem examination, autopsy and
exhumation as prescribed in point a of clause 2 of Article 1 hereof.
4. The Ministry of Finance shall take charge and
cooperate with the Ministry of Public Security, the Ministry of Justice and
relevant ministries and central authorities in providing instructions on
grounds, procedures on the establishment of cost estimates, issuance,
management and use of funds for payment of judicial expertise allowances of
legal proceeding agencies; providing instructions on procedures, dossier on
payment of judicial expertise allowances as prescribed hereof;
5. The Ministry of Public Security, the Ministry of
National Defense, and relevant agencies shall establish cost estimates and
request competent authorities to approve and allocate funds for paying
allowances for judicial expertise solicited by legal proceeding agencies;
annually take charge and cooperate with the Ministry of Justice and the
Ministry of Finance in carrying out the inspection of cost estimation, fund
allocation, and payment of judicial expertise solicited by legal proceeding
agencies under their management; and submit reports to the Ministry of Justice
for consolidation and reporting to the Prime Minister.
6. People’s Committees of provinces and central
affiliated cities shall organize and inspect the implementation of judicial
expertise allowance policies in their areas and send annual reports to the
Ministry of Justice for consolidation and reporting to the Prime Minister.
Article 7. Implementation
clauses
1. For forensic examinations that already have
conclusions before the effective date of this Decision, the judicial expertise
allowances shall comply with Decision No. 01/2014/QD-TTg dated January 1, 2014,
of the Prime Minister on judicial expertise allowances.
2. For ongoing judicial expertise that has not
reached the conclusion from the effective date of this Decision, the judicial
expertise allowances shall comply with this Decision.
Article 8. Effect
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2. Decision No. 01/2014/QD-TTg dated January 1,
2014, of the Prime Minister on judicial expertise allowances shall cease to be
effective from the effective date of this Decision.
Article 9. Implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, presidents of People’s Committees of provinces and
central affiliated cities and heads of relevant agencies shall be responsible
for executing this Decision.
PP. PRIME
MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long