This Circular stipulates the criteria, files, and procedures for appointing and dismissing forensic medical examiners and forensic psychiatric examiners. It applies to the Ministry of Health, public security agencies, hospitals, forensic centers, Provincial Health Departments, and People's Committees at provincial level.
适用范围
The Ministry of National Defense, the Ministry of Public Security, the National Forensic Institute, the Central Institute of Forensic Psychiatry, regional forensic psychiatric centers under the Ministry; provincial public security agencies, provincial forensic centers, provincial mental hospitals or general hospitals with psychiatry departments; Provincial Health Departments, and People's Committees at provincial level.
要点
- Vietnamese citizens residing in Vietnam who meet the criteria regarding professional qualifications, actual work experience, and vocational certification may be appointed as forensic medical examiners or forensic psychiatric examiners.
- The application file for appointment includes a request letter, a brief resume, diplomas, certificates, a self-written curriculum vitae, judicial records, and a confirmation of actual work experience.
- The procedure for appointing forensic medical examiners and forensic psychiatric examiners is carried out at both central and local levels according to specific procedures.
- The application file for dismissal also includes similar contents as the application file for appointment, with actual work experience of at least five years.
- The procedure for dismissal is carried out at both central and local levels according to specific procedures.
🌐 本文件的社会影响
- Positive impact: Ensuring the quality of forensic medical and forensic psychiatric examinations through clear criteria and procedures.
- Negative impact: Burden on time and effort for individuals applying for appointment or dismissal.
❓ 常见问题
Who can be appointed as a forensic medical examiner?
Vietnamese citizens residing in Vietnam who meet the criteria regarding professional qualifications, actual work experience, and vocational certification.
What does the application file for appointment include?
The file includes a request letter, a brief resume, diplomas, certificates, a self-written curriculum vitae, judicial records, and a confirmation of actual work experience.
How long is the review period for the appointment application file?
Within fifteen working days from the date of receiving complete and valid files, the Personnel Department will conduct a review and submit to the Minister of Health for consideration and decision.
What is the procedure for dismissing a forensic examiner?
The application file for dismissal also includes similar contents as the application file for appointment, with actual work experience of at least five years. The procedure is carried out at both central and local levels according to specific procedures.
When does this Circular take effect?
This Circular takes effect from March 1, 2014, replacing Circular No. 04/2007/TT-BYT.
全文
CIRCULAR
Regulations on standards, files, procedures for appointment and removal
forensic medical examiners and forensic psychiatric examiners
___________________
Pursuant to the Law ofexaminationNo. Decision No. 13/2012/QH13 dated June 20, 2012 2012;
Pursuant to DecreeDecree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."of Top Secret and CV3: 16º56'21" N, 107º11'06" E; and measures to implement the Law ofon judicial examination;
Pursuant to DecreeDecree No. 63/2012/NĐ-CP dated August 31, 2012 of the"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government stipulating functions, tasks, powers, and structure organization of the Ministry of Health the proposal of the Minister of Planning and Investment;
Pursuant to the proposal of the Director of the Personnel Department - Ministry of Healthpolicies;
The Minister of Health issues this Circular stipulating standards, files, procedures for appointment and removal of forensic medical examiners and forensic psychiatric examiners, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP appointment, reẽmoval of forensic medical examiners and forensic psychiatric examiners,
Article 1. Scope of Regulation
This Circular stipulates standards, files, procedures for appointment and removal of judicial examiners in the field of forensic medical examination and forensic psychiatric examination.
Article 2. Standards for appointment of forensic medical examiners and forensic psychiatric examiners
1. Vietnamese citizens residing in Vietnam who meet the standards prescribed in Clause 1, Article 7 of the Law on Judicial Examination, not falling under the cases prescribed in Clause 2, Article 7 of the Law on Judicial Examination, and meeting the specific standards below shall be appointed as forensic medical examiners and forensic psychiatric examiners:
a) The standard "having a bachelor's degree or higher" prescribed in Point b, Clause 1, Article 7 of the Law on Judicial Examination is specifically as follows: For forensic medical examiners, they must be doctors or pharmacists with a bachelor's degree or higher in relevant fields suitable for forensic medical examination; for forensic psychiatric examiners, they must be doctors who have completed specialized training in psychiatry or higher;
b) The standard "having practical experience in the specialized field of study" prescribed in Point b, Clause 1, Article 7 of the Law on Judicial Examination is at least five years of work in the correct specialized field at healthcare facilities. In the case where the person proposed for appointment as a forensic medical examiner or forensic psychiatric examiner has directly assisted in forensic examination activities at forensic examination organizations, the actual specialized work experience must be at least three years;
Individuals who already hold a degree or certificate in forensic medicine or forensic psychiatry at the specialist level or higher do not need to undergo training or vocational upgrading in forensic examination.
2. Bachelor's degrees or higher, certificates of having undergone training or vocational upgrading in forensic medical examination and forensic psychiatric examination issued by educational institutions abroad must be recognized in Vietnam in accordance with the provisions of the law on education or international treaties to which the Socialist Republic of Vietnam is a party.
Article 3. Files for proposing the appointment of forensic medical examiners and forensic psychiatric examiners
The file for proposing the appointment of an examiner is made in two copies including:
1. A request for the appointment of a forensic medical examiner, a forensic psychiatric examiner and a brief resume according to the model prescribed in Appendix No. 1 attached to this Circular;
2. Certified copies of diplomas and certificates according to the standards for appointing forensic medical examiners and forensic psychiatric examiners;
3. A self-written curriculum vitae according to the model prescribed in Appendix No. 2 attached to this Circular, with a color photograph measuring 4cm x 6cm taken within six months prior to submission of the file, stamped and confirmed by the competent state authority;
4. Certificate of criminal record;
5. A certificate from the organization or entity where the proposed appointee works regarding their actual specialized work experience according to the model prescribed in Appendix No. 3 attached to this Circular.
Article 4. Procedures for appointing forensic medical examiners and forensic psychiatric examiners
1. Central level:
a) The Ministry of National Defense, the Ministry of Public Security, the National Forensic Medical Institute, the Central Forensic Psychiatry Institute, regional forensic psychiatry centers under the Ministry shall examine, select, complete, and compile files to submit to the Ministry of Health.
The Personnel Organization Department of the Ministry of Health shall be responsible for receiving and checking the legality of the files. In cases where the files are incomplete or illegal, within five working days from the date of receipt of the files, the Personnel Organization Department shall issue a document guiding the agency, unit, or individual to complete the files;
b) Within fifteen working days from the date of receipt of complete and legal files, the Personnel Organization Department shall take the lead and coordinate with the Department of Medical Examination and Treatment and the Legal Affairs Department to review the files proposing the appointment of forensic medical examiners and forensic psychiatric examiners, and submit them to the Minister of Health for consideration and decision on the appointment of forensic medical examiners and forensic psychiatric examiners.
If the appointment is not made, the Ministry of Health must issue a document providing a clear reason.
2. Local level:
a) Provincial public security agencies, provincial forensic medicine centers, provincial mental hospitals, or general hospitals with a mental health department in provinces without a mental hospital or social disease prevention center shall examine, select, complete, and compile files to submit to the Department of Health.
The Department of Health shall be responsible for receiving and checking the legality of the files. In cases where the files are incomplete or illegal, within five working days from the date of receipt of the files, the Department of Health shall issue a document guiding the unit or individual to complete the files;
b) Within fifteen working days from the date of receipt of complete and legal files, the Department of Health shall take the lead and coordinate with the Department of Justice to review the files proposing the appointment of forensic medical examiners and forensic psychiatric examiners, and submit them to the Chairman of the Provincial People's Committee for consideration and decision on the appointment of forensic medical examiners and forensic psychiatric examiners.
If the appointment is not made, the Department of Health must issue a document providing a clear reason.
3. Within ten working days from the date of appointment of the examiner, the Ministry of Health and the Provincial People's Committee shall be responsible for establishing and publishing the list of appointed forensic medical examiners and forensic psychiatric examiners on the Ministry of Health's and Provincial People's Committee's electronic information portals, and simultaneously send it to the Ministry of Justice to establish a comprehensive list of judicial examiners.
Article 5. Files for requesting the removal of forensic medical examiners and forensic psychiatric examiners.
The file for requesting the removal of an examiner shall be made in two copies and implemented according to Clause 2, Article 10 of the Law on Judicial Appraisal.
Article 6. Procedures for removing forensic medical examiners and forensic psychiatric examiners
1. Central level:
a) The Ministry of National Defense, the Ministry of Public Security, the National Forensic Medical Institute, the Central Forensic Psychiatry Institute, regional forensic psychiatry centers under the Ministry shall examine, select, complete, and compile files to submit to the Ministry of Health.
The Personnel Organization Department of the Ministry of Health shall be responsible for receiving and checking the legality of the files. In cases where the files are incomplete or illegal, within five working days from the date of receipt of the files, the Personnel Organization Department shall issue a document guiding the completion of the files;
b) Within ten working days from the date of receipt of complete and legal files, the Personnel Organization Department shall take the lead and coordinate with the Department of Medical Examination and Treatment and the Legal Affairs Department to review the files proposing the removal of forensic medical examiners and forensic psychiatric examiners, and submit them to the Minister of Health for consideration and decision on the removal of forensic medical examiners and forensic psychiatric examiners.
If the removal is not made, the Ministry of Health must issue a document providing a clear reason.
2. Local level:
a) Provincial public security agencies, provincial forensic medicine centers, provincial mental hospitals, or general hospitals with a mental health department in provinces without a mental hospital or social disease prevention center shall examine, select, complete, and compile files to submit to the Department of Health.
The Department of Health shall be responsible for receiving and checking the legality of the files. In cases where the files are incomplete or illegal, within five working days from the date of receipt of the files, the Department of Health shall issue a document guiding the unit or individual to complete the files;
b) Within ten working days from the date of receipt of complete and legal files, the Department of Health shall take the lead and coordinate with the Department of Justice to review the files proposing the removal of forensic medical examiners and forensic psychiatric examiners, and submit them to the Chairman of the Provincial People's Committee for consideration and decision on the removal of forensic medical examiners and forensic psychiatric examiners.
If the removal is not made, the Department of Health must issue a document providing a clear reason.
3. The Ministry of Health and the Provincial People's Committee shall be responsible for establishing and publishing the list of removed forensic medical examiners and forensic psychiatric examiners on the Ministry of Health's and Provincial People's Committee's electronic information portals, and simultaneously send it to the Ministry of Justice to adjust the comprehensive list of judicial examiners.
Article 7. Reference Provisions
In case the regulatory legal documents and provisions cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulatory legal documents.
Article 8. Implementation clause
1. This Circular takes effect from March 1, 2014.
2. Circular No. 04/2007/TT-BYT dated February 12, 2007 of the Minister of Health ceases to be effective from the date this Circular takes effect. During implementation, if there are any difficulties, please promptly reflect them to the Ministry of Health (through the Personnel Organization Department) for research and resolution.
During implementation, if there are any difficulties, please promptly reflect them to the Ministry of Health (through the Personnel Organization Department) for research and resolution./.
| Place of Receipt: – Ministries, ministerial-level agencies, agencies under the Government; – UProvincial People's Committees, centrally-administered city People's Committees; – Toa court; For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.Supreme People's Court; – Supreme People's Procuracy; – Department of Legal Compliance, Ministry of Justice; – Minister, Deputy Ministers of Health;policies; – Agencies and units under the Ministry of Health; – Departments of Health, Departments of Justice of provinces, centrally-administered cities; – CngGovernment Gazette; CGovernment Portal; – Ministry of Health Portal; – File: VT, PC, TCCB (400). |
DEPUTY MINISTER
NGUYEN VIET TIEN |
ANNEX NO. 1
MODEL LIST OF PROPOSALS FOR APPOINTING JUDICIAL EXAMINERS
(Annexed to Circular No. 02/2014/TT-BYT dated January 15, 2014 of the Minister of Health)
UNIT...
LIST
PROPOSAL FOR APPOINTING FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS
(Annexed to Circular No.: / day month year 20... of... )
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Number No. |
Full Name |
Date signedealth |
Coefficient of full-time lecturers professional |
District LevelRank Code Position, Civil Servant |
Position |
Workplace |
Training Certificate |
Remarks |
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Forensic Medicine |
Forensic PsychiatryFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. |
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……….., day...month...year 20... |
Note: Column 5 correspondsto military rank for civil servants and officials under the Ministry of Public Security and the Ministry of National Defense (LieutenantCaptainMajor...)
ANNEX NUMBER 2
MODEL CURRICULUM VITAE FOR PROPOSAL TO APPOINT FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS
(Annexed to Circular No. 02/2014/TT-BYT dated 15/01/2014)
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Image
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SOCIALIST REPUBLIC OF VIET NAM CURRICULUM VITAE Proposal for Appointment of Forensic Medical Examiners and Forensic Psychiatric Examiners |
- Full Name at Birth (typed in bold:...Male, Female...
- Other Names (if any) …
- Date of Birth …
- Rank: (for those working in the Ministry of Public Security and the Ministry of Defense).........
- Position: …
- Workplace: …
- Place of Origin: …
- Permanent Resident Address: …
- Current Residence: …
- Family members …himself/herself…
- Ethnicity …Citizenship…
- Religion …
- Party member, Youth Union member …
- Qualifications:
+ Specialization (Bachelor's, Postgraduate) …
School ...
Field of study: …
Training form (full-time, part-time, distance learning...) .....................................
Year of graduation …
+ Political theory qualifications (Advanced, Bachelor's, Intermediate, Basic) …
+ Foreign language proficiency (Which foreign language, level A, B, C...) …
+ Training and Refresher Course Certificates in Forensic Medicine and Forensic Psychiatry ...
- Date and place of employment in the field of forensic medicine, forensic psychiatry …
I - TRAINING HISTORY
(Specify the period of study at cultural, political, foreign language, specialized, technical schools,...)(Highest form)
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II - SUMMARY OF PROFESSIONAL EXPERIENCE
(Specify each period of work where)
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III - AWARDS AND DISCIPLINARY ACTIONS
1. Reward:...2. Disciplinary action:...
Date...month...year
..............................................................................................................................
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Day.....
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IV - STATEMENT
I hereby declare that the information provided above is true and accurate and I am responsible for my declaration before the management authority and the law./.
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Confirmation by the managing authority |
ANNEX NUMBER 3
No.: /GXN
, date month year 20....
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…………….1………….. …………….2………….. |
SOCIALIST REPUBLIC OF VIET NAM |
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CERTIFICATE OF ACTUAL TIME SPENT IN SPECIALIZED ACTIVITY IN THE FIELD OF FORENSIC MEDICAL AND PSYCHIATRIC FORENSIC MEDICAL EXPERTISE |
…3…….Field of specialized activity: |
1. Time spent in specialized activity in the field of forensic medical and psychiatric forensic medical expertise:
…….....4… confirms:
(specify full name)
Date of Birth: ...
4. Loss5 .....................................................................................................
Place of work:6 .....................................................................................................
2. Specialized competence:7 .........................................................................
3. Professional ethics:8 ........
Name, specify full name and stamp)9 ......................................................................................
1 Name of the managing agency of the medical examination and treatment facility.10 .....................................................................................
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HEAD OF THE UNIT |
____________
for medical examination and treatment.
3 Place name. 4 Representative of the medical examination and treatment facility.
5 Specify the address
according to the place of permanent or temporary residence.
6 Name of the agency where the person requesting confirmation of time spent in specialized activity is working.7 Record according to the request of the person requesting confirmation of time spent in specialized activity.
8 Record specificallythe time spent in specialized activity in the field of forensic medical and psychiatric forensic medical
expertise from the date …month ... year…to the date…month …year...
9 Specific comments on the professional competence in the field of forensic medicine and psychiatric forensic medicine.10 Specific commentson communication and conduct of the person requesting appointment
as an expert in then.
profession. MODEL REPORT ON THE LIST OF APPOINTED FORENSIC MEDICAL EXPERTS (Annexed to Circular No. 4/2014/TT-BYT dated January 15, 2014 of the Minister of Health) REPORT ON THE LISTOF APPOINTED FORENSIC MEDICAL EXPERTS AND PSYCHIATRIC FORENSIC MEDICAL EXPERTS APPOINTED IN 20...Date of birth
ANNEX NUMBER 4
Field
(Attached to Circular No. 02/201Date, month, year of appointment of Expert
UNIT ...
Respectfully submitted to:...
Psychiatric Forensic Medicine
Head, or Chairman of the People's Committee of province, cityN APPOINTMENT OF LEGAL MEDICAL AND PSYCHIATRIC FORENSIC EXPERTS IN THE YEAR 20...
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Full Name |
Date of birth |
Coefficient of full-time lecturers professional |
Position |
Workplace |
Fieldspecialized agency under the People's Committee of the province/city. |
Date of appointment as Forensic Expert Director |
Remarks |
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Forensic Medicine |
Legal psychiatry |
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……….., day...month...year 20... |
DEPUTY MINISTER
DEPUTY MINISTER
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