Circular No. 03/2025/TT-BYT stipulates forensic examination according to cases in the healthcare sector issued by the Minister of Health.

CIRCULAR

Regulations on forensic examination according to cases in the healthcare sector

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Pursuant to the Law on Forensic Expertise dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Expertise dated June 10, 2020;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examination; Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Examination;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Inspector General of the Ministry of Health,

The Minister of Health issues this Circular regulating forensic examination according to cases in the healthcare sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates forensic examiners according to cases, forensic examination organizations according to cases, Forensic Examination Councils according to cases, and the conduct of forensic examination according to cases in the healthcare sector.

Article 2. Scope of Application

1. This Circular applies to forensic examination activities according to cases in the healthcare sector (hereinafter referred to as forensic examination according to cases), including: preventive healthcare; medical examination, treatment, and rehabilitation; traditional medicine and pharmacy; medical equipment; pharmaceuticals, cosmetics; food safety; health insurance; population, reproductive health, and other healthcare sectors as prescribed by law, except for the cases stipulated in Clause 2 of this Article.

2. This Circular does not apply to the following cases:

a) Legal medical examination;

b) Legal psychiatric medical examination;

c) Forensic examination outside proceedings conducted by public forensic examination organizations under the healthcare sector.

Chapter II

FORENSIC EXAMINERS ACCORDING TO CASES,

FORENSIC EXAMINATION ORGANIZATIONS ACCORDING TO CASES AND

FORENSIC EXAMINATION COUNCILS ACCORDING TO CASES

Article 3. Forensic Examiners According to Cases

1. Criteria for selecting forensic examiners according to cases must meet the criteria specified in Clause 1 and Clause 2 of Article 18 of the Law on Forensic Examination and according to the fields specified in Clause 1 of Article 2 of this Circular.

2. Recognition, change, revocation of recognition, and publication of lists of forensic examiners according to cases at the Ministry of Health:

a) Before November 30 each year, units under and affiliated with the Ministry of Health have the responsibility to prepare a list proposing recognition of forensic examiners according to cases to be submitted to the Inspectorate.

The list proposing recognition of forensic examiners according to cases includes the following information: Full name; date of birth; place of work; professional qualifications; field of expertise; experience in professional activities and forensic examination activities.

The Inspectorate compiles and submits to the Ministry of Health for issuance of decisions recognizing forensic examiners according to cases before December 31 each year.

b) In case there is a change in information related to forensic examiners according to cases who have been recognized; units under and affiliated with the Ministry of Health have the responsibility to review and submit a written request for changing recognition of forensic examiners according to cases to the Inspectorate for compilation and submission to the Ministry of Health for issuance of decisions changing recognition of forensic examiners according to cases;

c) Revocation of recognition of forensic examiners according to cases applies to those who have been recognized as forensic examiners according to cases but no longer meet the criteria specified in Clause 1 of this Article. Units under and affiliated with the Ministry of Health have the responsibility to review and submit a written request to the Inspectorate for compilation and submission to the Ministry of Health for issuance of decisions revoking recognition of forensic examiners according to cases;

d) Decisions recognizing, changing, and revoking recognition of forensic examiners according to cases are published on the Ministry of Health's official website and sent to the Ministry of Justice to establish a consolidated list.

3. Recognition, change, revocation of recognition, and publication of lists of forensic examiners according to cases at the local level:

a) Before November 30 each year, units under and affiliated with the Department of Health prepare a list proposing recognition of forensic examiners according to cases to be submitted to the Department of Health.

The list proposing recognition of forensic examiners according to cases includes the information specified in point a of Clause 2 of this Article.

The Department of Health takes the lead and coordinates with relevant units to compile and submit to the People's Committee of the province or centrally governed city (hereinafter referred to as provincial level) for issuance of decisions recognizing forensic examiners according to cases before December 31 each year.

b) In case there is a change in information related to forensic examiners according to cases who have been recognized, units under the Department of Health have the responsibility to review and submit a written request for changing recognition of forensic examiners according to cases to the Department of Health.

The Department of Health takes the lead and coordinates with relevant units to compile and submit to the People's Committee at the provincial level for issuance of decisions changing recognition of forensic examiners according to cases.

c) Revocation of recognition of forensic examiners according to cases applies to forensic examiners according to cases who no longer meet the criteria specified in Clause 1 of this Article. Units under the Department of Health have the responsibility to review and submit a written request to the Department of Health.

The Department of Health takes the lead and coordinates with relevant units to compile and submit to the People's Committee at the provincial level for issuance of decisions revoking recognition of forensic examiners according to cases.

d) Decisions recognizing, changing, and revoking recognition of forensic examiners according to cases at the local level are published on the official website of the People's Committee at the provincial level and sent to the Ministry of Justice to establish a consolidated list.

Article 4. Judicial appraisal organizations according to cases

1. Conditions for judicial appraisal organizations according to cases:

a) Meeting the conditions as prescribed in Clause 1 of Article 19 of the Law on Judicial Appraisal;

b) In accordance with the field of appraisal as prescribed in Clause 1 of this Circular.

2. Recognition, change, revocation of recognition, and publication of judicial appraisal organizations according to cases at the Ministry of Health:

a) Before November 30 each year, units under and affiliated with the Ministry of Health meeting the conditions as prescribed in Clause 1 of this Article shall submit a document to the Inspectorate requesting recognition of judicial appraisal organizations according to cases.

The request for recognition of judicial appraisal organizations according to cases includes the following information: Name of organization; date of establishment; address of organization; field of expertise; experience in professional activities and judicial appraisal activities.

The Inspectorate compiles and submits to the Ministry of Health for issuance of a decision recognizing judicial appraisal organizations according to cases before December 31 each year.

b) In case there is a change in information related to judicial appraisal organizations according to cases that have been recognized, units under and affiliated with the Ministry of Health shall review and submit a document requesting adjustment of recognition of judicial appraisal organizations according to cases to the Inspectorate for compilation and submission to the Ministry of Health for issuance of a decision changing recognition of judicial appraisal organizations according to cases;

c) Revocation of recognition of judicial appraisal organizations according to cases applies to organizations that no longer meet the criteria prescribed in Clause 1 of this Article. Units under and affiliated with the Ministry of Health shall submit a document to the Inspectorate for compilation and submission to the Ministry of Health for issuance of a decision revoking recognition of judicial appraisal organizations according to cases;

d) Decisions on recognition, change, and revocation of recognition of judicial appraisal organizations according to cases shall be published on the Ministry of Health's electronic portal and sent to the Ministry of Justice for inclusion in a consolidated list.

3. Recognition of judicial appraisal organizations according to cases at the local level:

a) Units under the Department of Health meeting the conditions as prescribed in Clause 1 of this Article shall submit a document to the Department of Health requesting recognition of judicial appraisal organizations according to cases.

The Department of Health shall take the lead and coordinate with relevant units to compile and submit to the People's Committee of the province for issuance of a decision recognizing judicial appraisal organizations according to cases.

b) In case there is a change related to judicial appraisal organizations according to cases that have been announced, units under the Department of Health shall review and submit a document requesting adjustment of recognition of judicial appraisal organizations according to cases to the Department of Health.

The Department of Health shall take the lead and coordinate with relevant units to compile and submit to the People's Committee of the province for issuance of a decision adjusting recognition of judicial appraisal organizations according to cases.

c) Revocation of recognition of judicial appraisal organizations according to cases applies to organizations that no longer meet the criteria prescribed in Clause 1 of this Article. Units under the Department of Health shall review and submit a document requesting adjustment of recognition of judicial appraisal organizations according to cases to the Department of Health.

The Department of Health shall take the lead and coordinate with relevant units to compile and submit to the People's Committee of the province for issuance of a decision revoking recognition of judicial appraisal organizations according to cases.

d) Decisions on recognition, change, and revocation of recognition of judicial appraisal organizations according to cases shall be published on the People's Committee of the province's electronic portal and sent to the Ministry of Justice for inclusion in a consolidated list.

Article 5. Judicial Appraisal Board for Cases

1. The Judicial Appraisal Board for Cases at the Ministry of Health shall be established by the Minister of Health and shall include:

a) The initial Judicial Appraisal Board pursuant to a judicial appraisal request;

b) The supplementary Judicial Appraisal Board pursuant to a judicial appraisal request;

c) The re-examination Judicial Appraisal Board pursuant to a judicial appraisal request;

d) The second re-examination Judicial Appraisal Board pursuant to a judicial appraisal request.

2. The Judicial Appraisal Board for Cases at the Department of Health shall be established by the Director of the Department of Health and shall include:

a) The initial Judicial Appraisal Board pursuant to a judicial appraisal request;

b) The supplementary Judicial Appraisal Board pursuant to a judicial appraisal request;

c) The re-examination Judicial Appraisal Board pursuant to a judicial appraisal request.

3. The Judicial Appraisal Board for Cases at judicial appraisal organizations shall be established by the head of the organization recognized as a judicial appraisal organization and shall include:

a) The initial Judicial Appraisal Board pursuant to a judicial appraisal request or upon a judicial appraisal requirement;

b) The supplementary Judicial Appraisal Board pursuant to a judicial appraisal request or upon a judicial appraisal requirement;

c) The re-examination Judicial Appraisal Board pursuant to a judicial appraisal request or upon a judicial appraisal requirement.

Chapter III

IMPLEMENTATION OF JUDICIAL APPRAISAL FOR CASES

Article 6. Acceptance of Judicial Appraisal Requests and Requirements for Cases

1. Acceptance of Judicial Appraisal Requests for Cases at the Ministry of Health:

The Ministry of Health accepts and conducts the initial appraisal, supplementary appraisal, re-appraisal, and second re-appraisal according to the judicial appraisal requests from the central level requesting party.

Within five working days from the date of receiving the decision of the requesting party, the Inspectorate of the Ministry will coordinate with relevant specialized units to advise the Ministry on accepting or refusing to conduct the appraisal.

2. Acceptance of Judicial Appraisal Requests for Cases at the Department of Health:

The Department of Health accepts and conducts the initial appraisal, supplementary appraisal, and re-appraisal according to the judicial appraisal requests from local-level requesting parties or from central-level requesting parties if the case occurred in that locality. The Director of the Department of Health assigns one specialized unit within the Department of Health to advise on accepting the appraisal requests within their jurisdiction.

Within five working days from the date of receiving the decision of the requesting party, the Department of Health is responsible for reviewing whether to accept or refuse to conduct the appraisal.

3. Acceptance of Judicial Appraisal Requests and Requirements for Cases at judicial appraisal organizations:

Judicial appraisal organizations for cases accept and conduct the initial appraisal, supplementary appraisal, and re-appraisal according to judicial appraisal requests or upon judicial appraisal requirements.

Within five working days from the date of receiving the decision of the requesting party or the document requesting the appraisal, the head of the judicial appraisal organization for cases is responsible for reviewing whether to accept or refuse the appraisal request.

Article 7. Refusal to Conduct Appraisal

1. The Ministry of Health, the Department of Health, and judicial appraisal organizations have the right to refuse to conduct judicial appraisals in cases stipulated in Clause 2, Article 11, Point b, Clause 1, Article 24, and Article 34 of the Law on Judicial Appraisal, or where the content of the judicial appraisal request or requirement does not fall under the health sector as specified in Article 2 of this Circular.

2. In cases of refusal to accept a judicial appraisal request or requirement, the requested organization must notify the requesting party in writing and specify the reasons within five working days from the date of receipt of the decision of the requesting party or the document requesting the appraisal, except where the law provides otherwise regarding the time limit.

Article 8. Judicial Appraisal Process by Case

The judicial appraisal process by case based on requests for appraisal shall be carried out in the following steps:

1. Receiving and handing over the case file, objects to be appraised, information, documents, items, specimens related thereto.

2. Developing a plan to implement the judicial appraisal by case.

3. Conducting the judicial appraisal by case.

4. Issuing the conclusion of the judicial appraisal by case.

5. Handing over the appraisal conclusion and the case file, objects to be appraised, information, documents, items, specimens related thereto (if any).

6. Preparing, storing, and preserving the case file of the judicial appraisal by case.

Article 9. Receiving and Handing Over the Case File, Objects to be Appraised, Information, Documents, Items, Specimens Related Thereto

1. The judicial appraisal council by case shall coordinate with the person requesting the appraisal and the person requiring the appraisal to receive and hand over the case file, objects to be appraised, information, documents, items, specimens related thereto (if any), ensuring that the preservation conditions for specimens comply with the requirements indicated on the label (if any).

2. The receiving and handing over of the case file, objects to be appraised, information, documents, items, specimens related thereto (if any) shall be conducted directly and must be recorded in a protocol according to the model prescribed in Appendix I attached hereto.

Article 10. Developing a Plan to Implement the Judicial Appraisal by Case

1. Based on the content of the request for appraisal, the requirement for appraisal, and the case file, objects to be appraised, information, documents, the judicial appraisal council by case shall preliminarily determine the professional content and tasks to be performed; request the person requesting the appraisal and the person requiring the appraisal to provide additional necessary case files, objects to be appraised, information, documents for the appraisal if not fully provided.

2. The judicial appraisal council by case shall assign tasks to its members.

3. Develop a plan for implementing the appraisal including the following basic contents:

a) The objects, contents to be appraised; the estimated time to complete the appraisal;

b) The methods of conducting the appraisal, the applicable professional standards;

c) Determining the contents to be contracted with specialized units to serve the appraisal (if necessary);

d) Estimating the equipment, materials, tools to be used (if any);

đ) Estimating the costs required for the implementation of the appraisal; advance payment and settlement of appraisal costs;

e) Other necessary conditions for the implementation of the appraisal.

4. The judicial appraisal council by case shall prepare a file requesting advance payment for appraisal costs and send it to the person requesting the appraisal and the person requiring the appraisal. The person requesting the appraisal and the person requiring the appraisal shall be responsible for reviewing and making the advance payment to the judicial appraisal council by case in accordance with the provisions of the law.

The person requesting the appraisal and the person requiring the appraisal shall be responsible for paying the judicial appraisal costs as stipulated in Article 36 of the Law on Judicial Appraisal.

Article 11. Conducting the Judicial Appraisal by Case

1. The conduct of the judicial appraisal by case shall proceed as follows:

a) Studying and analyzing the case file of the request, objects to be appraised, and related information, documents, items, specimens (if any) handed over and provided by the person requesting the appraisal and the person requiring the appraisal;

b) Clearly identifying the objects, contents to be appraised that need to be examined and evaluated;

c) Comparing and cross-referencing the information, documents with legal regulations, professional regulations on health or the objects to be appraised or the items, specimens requested;

d) Providing specific, clear observations, evaluations, opinions on the issues or objects to be appraised according to the request for appraisal, requirement for appraisal;

đ) Recording the process of conducting the judicial appraisal in accordance with Article 31 of the Law on Judicial Appraisal amended and supplemented at Clause 17, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal;

e) Drafting and issuing the appraisal conclusion;

g) Preparing the appraisal file.

2. In cases where necessary, the judicial appraisal council by case may seek professional opinions, supplementary experimental results, test results from other specialized organizations and agencies, including foreign agencies and organizations to serve the appraisal as prescribed.

3. Delivering and responding to the appraisal results within the required timeframe; in cases where the appraisal matter is complex or the workload is large, the appraisal period is extended but must ensure compliance with the appraisal deadlines stipulated in the Criminal Procedure Code, the Law on Judicial Appraisal, and relevant legal documents, the appraisal agency shall notify in writing, clearly stating the reasons to the requesting agency, the person requiring the appraisal.

Article 12. Conclusions of forensic appraisal proceedings by case

1. The conclusion of forensic appraisal proceedings by case shall be carried out according to the model prescribed in Appendix II issued together with this Circular.

2. In cases where the Forensic Appraisal Board by Case is established by the Minister of Health, the Minister of Health shall sign and affix his seal to confirm the signatures of the members of the Board on the conclusion document of the forensic appraisal. In cases where the Forensic Appraisal Board by Case is established pursuant to Clause 1, Article 30 of the Law on Forensic Appraisal, it shall be implemented in accordance with Clause 2, Article 32 of the Law on Forensic Appraisal.

3. In cases where the Forensic Appraisal Board by Case is established by the Department of Health, the Director of the Department of Health shall sign and affix his seal to confirm the signatures of the members of the Board on the conclusion document of the forensic appraisal.

4. In cases where the Forensic Appraisal Board by Case is established by the head of the organization implementing forensic appraisal proceedings by case, the head of the forensic appraisal organization by case shall sign and affix his seal to confirm the signatures of the members of the Board on the conclusion document of the forensic appraisal.

5. Upon completion of the conclusion of the forensic appraisal, the organization or individual conducting the forensic appraisal proceedings by case, the Forensic Appraisal Board by Case shall establish a file requesting the authority or person requesting the forensic appraisal to pay the necessary costs for the implementation of the forensic appraisal in accordance with the provisions of the law.

Article 13. Handing over conclusions of forensic appraisals and files, objects of appraisal, information, documents, items, and specimens related

1. Handing over the conclusion of forensic appraisal proceedings by case shall be conducted between representatives of the Forensic Appraisal Board by Case and representatives of the person requesting the forensic appraisal, the person requesting the appraisal.

a) After issuing the conclusion of the forensic appraisal, the Forensic Appraisal Board by Case established by the Minister of Health must send a letter to the Inspectorate of the Ministry along with the conclusion of the forensic appraisal to prepare for handing over to the Requesting Authority. The Inspectorate of the Ministry will notify the Requesting Authority to carry out the handover of the conclusion of the forensic appraisal;

b) The Forensic Appraisal Board by Case established by the Director of the Department of Health has the responsibility to hand over the conclusion of the forensic appraisal to the Requesting Authority after issuing the conclusion of the forensic appraisal;

c) The Forensic Appraisal Board established by the head of the forensic appraisal organization by case shall notify the person requesting the forensic appraisal, the person requesting the appraisal to determine the time for handing over the conclusion of the forensic appraisal;

d) The handover of the conclusion of forensic appraisal proceedings by case shall be recorded in a protocol according to the model prescribed in Appendix III issued together with this Circular.

2. At the request of the person requesting the forensic appraisal, the Forensic Appraisal Board by Case shall hand over the file, object of appraisal, information, documents, and remaining items and specimens after issuing the conclusion of the forensic appraisal. The handover must be recorded in a protocol according to the model prescribed in Appendix IV issued together with this Circular.

Article 14. Establishment, preservation, and storage of forensic appraisal proceedings by case files

1. The forensic appraisal proceedings by case file belongs to the group of files for resolving cases in professional management activities and shall be established, preserved, and stored in accordance with the provisions of the law on forensic appraisal, the law on archives, and records, and the regulations of the organization or unit conducting the forensic appraisal.

2. The Appraisal Board shall be responsible for establishing the forensic appraisal file including the following main documents:

a) Decision requesting forensic appraisal, document requesting forensic appraisal, and file, object of appraisal, information, documents, and items and specimens (if any);

b) Decision establishing the Forensic Appraisal Board by Case;

c) Protocol for transferring and receiving the file, object of appraisal, information, documents, and items and specimens; protocol for opening sealed file, object of appraisal, information, documents, and items and specimens (if any);

d) Appraisal plan;

đ) Document recording the process of conducting the appraisal;

e) Appraisal conclusion;

g) Protocol for transferring and receiving the appraisal conclusion; Protocol for transferring and receiving the file, object of appraisal, information, documents, and items and specimens (if any);

h) Other relevant documents relating to the appraisal (if any).

3. After completing the forensic appraisal proceedings, the Appraisal Board shall be responsible for handing over the forensic appraisal file to the competent authority, organization, or unit for safekeeping and preservation in accordance with Clause 1 of this Article.

The forensic appraisal file of the Forensic Appraisal Board by Case established by the Ministry of Health shall be handed over to the unit with members being the Chairman of the Board. The authority, organization, or unit receiving the handover of the forensic appraisal file shall be responsible for preserving and storing it in accordance with the laws on archives and the regulations of the Ministry of Health.

4. The forensic appraisal proceedings by case file may be utilized as follows:

a) The authority, organization, or unit receiving the handover of the forensic appraisal file as stipulated in Clause 3 of this Article shall be responsible for presenting the forensic appraisal file when requested by the competent authority conducting litigation or the competent state management authority.

a) The forensic appraisal file shall be presented when requested by the authority conducting litigation, the person conducting litigation with the authority to resolve criminal, administrative, or civil cases.

b) The person who has conducted the forensic appraisal may utilize the forensic appraisal file to serve participation in litigation activities upon request of the competent authority conducting litigation or the person requesting the appraisal.

c) Other cases as prescribed by relevant laws.

Article 15. Information and Reporting System

1. At the Ministry of Health:

Units directly requested for or assigned to perform forensic examination according to cases, or units having members who are Chairpersons of the Forensic Examination Council at the Ministry of Health shall be responsible for reporting the results of forensic examinations upon completion of such examinations before December 15th each year or promptly when required, submitting the Annual Report on Forensic Examination Activities according to cases in accordance with the form prescribed in Appendix V issued together with this Circular to the Inspectorate of the Ministry for consolidation and reporting to competent authorities as stipulated.

2. At local levels:

Organizations performing forensic examinations according to cases shall be responsible for reporting the results of forensic examination activities according to cases annually to the Department of Health for reporting to the People's Committee of the province and the Ministry of Health in accordance with the form prescribed in Appendix V issued together with this Circular to the Inspectorate of the Ministry before December 15th each year for consolidation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from March 1, 2025.

Article 17. Transitional Provisions

1. Individuals and organizations conducting forensic examinations according to cases recognized in accordance with the law prior to the date this Circular takes effect, meeting the criteria specified in Article 4 of this Circular and Clause 1 of Article 19 of the Law on Forensic Examination shall not need to reapply for recognition as individuals or organizations conducting forensic examinations according to cases under this Circular.

2. Decisions requesting forensic examinations received and performed before the date this Circular takes effect but have not yet issued forensic conclusions shall continue to be conducted in accordance with the provisions of guiding documents prior to the date this Circular takes effect.

Article 18. Responsibilities of Agencies and Units in Managing Forensic Examinations According to Cases

1. The Inspectorate of the Ministry shall be responsible for organizing the dissemination and popularization of laws related to forensic medical examinations, organizing training and enhancing knowledge of legal and forensic examination procedures for individuals conducting forensic examinations according to cases.

2. Units subordinate to the Ministry of Health shall be responsible for:

a) Advising and proposing content or guidelines for applying professional standards in forensic examination activities, the implementation of forensic examinations in specialized fields or areas within their functional scope;

b) Cooperating with the Inspectorate of the Ministry and relevant agencies to organize training and enhancing knowledge of legal and forensic examination procedures for the team of individuals conducting forensic examinations according to cases.

3. Departments of Health of provinces and centrally-administered cities shall be responsible for:

Organizing training and enhancing legal knowledge for individuals conducting forensic examinations according to cases at the local level, in collaboration with relevant agencies.

4. Units subordinate to the Departments of Health shall be responsible for:

a) Advising and proposing content or guidelines for applying professional standards in forensic examination activities, the implementation of forensic examinations in specialized fields or areas within the scope of functions and tasks of the unit;

b) Cooperating with relevant agencies to organize training and enhancing knowledge of legal and forensic examination procedures for the team of individuals conducting forensic examination activities according to cases.

During the implementation of this Circular, if there are any difficulties, organizations and individuals are advised to reflect them to the Ministry of Health (through the Inspectorate of the Ministry) for consideration, guidance, and resolution./.