This Circular stipulates the allowance for those directly assisting forensic experts and those assigned by judicial authorities to be present during the forensic examination, autopsy, and exhumation of corpses. The allowance is based on the time spent on the examination and the condition of the victim.
Scope of application
Those directly assisting forensic experts (autopsy technicians, laboratory analysts) and those assigned by judicial authorities to be present during the forensic examination, autopsy, and exhumation of corpses.
Key points
- Those directly assisting forensic experts: Are entitled to an allowance equal to 70% of the allowance of the forensic expert. The allowance ranges from VND 21,000 to VND 42,000 per case/person depending on the time spent and the condition of the victim.
- Those assigned by judicial authorities to be present: Are entitled to an allowance equal to 50% of the allowance of the forensic expert. The allowance ranges from VND 15,000 to VND 75,000 per case/person depending on the time spent and the condition of the victim.
- The funds for paying the allowances are provided from the State budget, with annual budgets prepared by the judicial authorities.
- This Circular takes effect from March 20, 1998. All previous regulations inconsistent with this Circular are abolished.
- Payment of the allowances is settled by the requesting authority after the completion of the forensic examination and according to current procedures.
🌐 Social impact of this document
- Positive impact: Ensures the rights of those participating in forensic examinations, autopsies, and exhumations of corpses.
- Negative impact: The cost of allowances may increase for the State budget and judicial authorities.
❓ Frequently asked questions
Who is eligible for the allowance?
Those directly assisting forensic experts (autopsy technicians, laboratory analysts) and those assigned by judicial authorities to be present during the forensic examination, autopsy, and exhumation of corpses.
What is the specific amount of the allowance?
The allowance for those directly assisting forensic experts is from VND 21,000 to VND 42,000 per case/person, while for those assigned by judicial authorities to be present, it is from VND 15,000 to VND 75,000 per case/person.
Where does the funding for the allowance come from?
The funds for paying the allowances are provided from the State budget, with annual budgets prepared by the judicial authorities.
When does this Circular take effect?
This Circular takes effect from March 20, 1998. All previous regulations inconsistent with this Circular are abolished.
Who is responsible for paying the allowance?
Payment of the allowances is settled by the requesting authority after the completion of the forensic examination and according to current procedures.
Full text
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THE GOVERNMENT ORGANIZATION AND CIVIL SERVICE BOARD - MINISTRY OF FINANCE - MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIETNAM |
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NUMBER: 04/1998/TTLT-TCCP-TC-TP |
HA NOI, July 23, 1998 |
CIRCULAR JOINT CIRCULAR
JOINT CIRCULAR NO. 04/1998/TT-LT-TCCP-TC-TP OF THE GOVERNMENT ORGANIZATION AND STAFF BOARD - MINISTRY OF FINANCE - MINISTRY OF JUSTICE ON JULY 23, 1998 GUIDING THE IMPLEMENTATION OF DECISION NO. 57/1998/QD-TTg OF THE GOVERNMENT PRIME MINISTER SUPPLEMENTING DECISION NO. 160/TTg OF THE GOVERNMENT PRIME MINISTER ON MARCH 15, 1996 ON THE REGIME OF SUBSIDIES FOR LEGAL EXPERTS
In order to implement Decision No. 57/1998/QD-TTg dated March 5, 1998 of the Government Prime Minister supplementing Decision No. 160/TTg dated March 15, 1996 of the Government Prime Minister on the regime of subsidies for legal experts, the Joint Circular of the Government Organization and Staff Board, Ministry of Finance, and Ministry of Justice guides the implementation as follows:
I. OBJECTS AND LEVELS OF SUBSIDIES:
1. Persons directly assisting legal experts as forensic autopsy technicians, laboratory analysts, and those requested by the legal expert during the time of conducting legal expertise in cases of post-mortem examinations, autopsies, and exhumations shall be entitled to a subsidy at 70% of the level of the legal expert's subsidy.
The specific levels of subsidies are as follows:
a. Non-surgical examination:
- Level of 21,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons within 48 hours.
- Level of 28,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Level of 35,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Level of 42,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
b. Surgical examination:
- Level of 56,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons within 48 hours.
- Level of 70,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Level of 84,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Level of 105,000 VND per case for each person directly assisting the legal expert; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
2. Persons assigned by investigative agencies to be present during the time of conducting legal expertise in post-mortem examinations, autopsies, and exhumations, such as investigators, prosecutors, judges, representatives of judicial agencies, and representatives of related state agencies shall be entitled to a subsidy at 50% of the level of the legal expert's subsidy.
The specific levels of subsidies are as follows:
a. Non-surgical examination:
- Level of 15,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons within 48 hours.
- Level of 20,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Level of 25,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Level of 30,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
b. Surgical examination:
- Level of 40,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons within 48 hours.
- Level of 50,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Level of 60,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Level of 75,000 VND per case for each person assigned to be present during the time of the examination; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
II. IMPLEMENTATION:
1. The source of funds for paying the subsidy regime is provided from the State budget according to the plan established by the investigative agency in their annual budget estimate.
For the year 1998, the funds for paying this subsidy regime are balanced within the 1998 State budget that has been approved by the Government and notified to the unit.
2. Payment of the subsidy regime to the objects mentioned in Part I of this Circular shall be settled by the requesting agency of legal expertise after the completion of the examination work and according to the current regulations.
3. This Circular takes effect from March 20, 1998. Any provisions regarding the subsidy regime for persons directly assisting legal experts and persons assigned to be present during the time of legal expertise contrary to this Circular are abolished.
During the implementation process, if there are any difficulties, please report to the relevant ministries for study and resolution.
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NGUYEN NGOC HIEU (Signed) |
Nguyễn Thị Kim Ngân (Signed) |
TO TU HA (Signed)) |
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