Joint Circular No. 04/1998/TTLT/TCCP-TC-TP stipulates the allowance level for technical assistants and persons assigned to be present during the time of conducting forensic examinations, autopsy, and exhumation. The allowance level depends on the duration of the examination and whether an autopsy is performed or not.
适用范围
Forensic pathologists, laboratory technicians, individuals directly assisting forensic appraisers; investigators, prosecutors, judges, representatives of judicial agencies, and representatives of state agencies related to the matter.
要点
- Forensic pathologists, laboratory technicians → shall receive an allowance equal to 70% of the level of forensic appraisers; The allowance level ranges from VND 21,000 to VND 42,000 per case/person depending on the duration and whether an autopsy is performed or not.
- Persons assigned to be present during the time of conducting forensic examinations → shall receive an allowance equal to 50% of the level of forensic appraisers; The allowance level ranges from VND 15,000 to VND 75,000 per case/person depending on the duration and whether an autopsy is performed or not.
- The funds for paying the allowance system shall be provided from the State budget according to the plan of the prosecution agency, approved by the Government in the 1998 budget estimate.
- This allowance system shall take effect from March 20, 1998, and revoke previous regulations.
- The requesting agency for forensic appraisal shall pay the allowance system after the completion of the appraisal work.
🌐 本文件的社会影响
- Positive impact: Strengthening the benefits for those directly assisting and persons assigned to be present during the time of conducting forensic examinations, ensuring they receive financial support.
- Negative impact: Increased costs for the State budget, requiring prosecution agencies to prepare detailed budgets.
❓ 常见问题
What is the specific allowance level?
The allowance level for forensic pathologists and laboratory technicians ranges from VND 21,000 to VND 42,000 per case/person depending on the duration and whether an autopsy is performed or not; The allowance level for persons assigned to be present during the time of conducting forensic examinations ranges from VND 15,000 to VND 75,000 per case/person depending on the duration and whether an autopsy is performed or not.
Who is eligible for the allowance system?
Forensic pathologists, laboratory technicians; investigators, prosecutors, judges, representatives of judicial agencies, and representatives of state agencies related to the matter.
Where does the funding for the allowance system come from?
The funds for paying the allowance system shall be provided from the State budget according to the plan of the prosecution agency, approved by the Government in the 1998 budget estimate.
What is the effective date of this Circular?
This Circular shall take effect from March 20, 1998, and revoke previous regulations.
Is it necessary to report difficulties to the inter-ministerial bodies?
Any difficulties encountered during implementation should be reported to the inter-ministerial bodies for study and resolution.
全文
CIRCULAR JOINT CIRCULAR
Supplement Decision No. 160/TTg dated March 15, 1996 of the Government Prime Minister on the allowance system for judicial forensic experts
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Implementing Decision No. 57/1998/QĐ-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 allowance system for judicial forensic experts, the Joint Office of the Government Organizational Structure - Civil Service, Ministry of Finance, and Ministry of Justice guides the implementation as follows:
I. OBJECTS AND AMOUNT OF ALLOWANCE:
1. Those who directly assist judicial forensic experts, including autopsy technicians, laboratory technicians, and persons requested by the forensic expert during the time of conducting judicial forensic examinations for cases involving post-mortem examinations, autopsies, and exhumations shall be entitled to allowances equal to 70% of the allowance of the forensic expert.
The specific amount of allowance is as follows:
a. Forensic examination without autopsy:
- Amount of 21,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons within 48 hours.
- Amount of 28,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Amount of 35,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Amount of 42,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
b. Forensic examination with autopsy:
- Amount of 56,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons within 48 hours.
- Amount of 70,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Amount of 84,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Amount of 105,000 VND per case/person directly assisting the forensic expert; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
2. Those assigned by investigative agencies to be present during the time of conducting judicial forensic examinations for post-mortem examinations, autopsies, and exhumations, including investigators, prosecutors, judges, representatives of judicial agencies, and representatives of state agencies related to the case, shall be entitled to allowances equal to 50% of the allowance of the forensic expert.
The specific amount of allowance is as follows:
a. Forensic examination without autopsy:
- Amount of 15,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons within 48 hours.
- Amount of 20,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Amount of 25,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Amount of 30,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
b. Forensic examination with autopsy:
- Amount of 40,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons within 48 hours.
- Amount of 50,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons outside 48 hours up to 7 days, or within 48 hours requiring exhumation.
- Amount of 60,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons beyond 7 days, or within 7 days requiring exhumation.
- Amount of 75,000 VND per case/person assigned to be present during the forensic examination; applicable to the examination of deceased persons beyond 7 days requiring exhumation.
II. IMPLEMENTATION:
1. The source of funds for paying the allowance system is provided from the State budget according to the plan established annually by the investigative agency.
For the year 1998, the funds for paying this allowance system will be balanced within the 1998 State budget approved by the Government and notified to the relevant units.
2. Payment of the allowance system to the objects mentioned in Part I of this Circular shall be settled by the requesting agency after the completion of the forensic examination and settlement according to the current regulations.
3. This Circular takes effect from March 20, 1998. Any provisions regarding the allowance system for those directly assisting judicial forensic experts and those assigned by investigative agencies to be present during the time of conducting judicial forensic examinations that conflict with this Circular shall be abolished.
In the course of implementation, any difficulties should be reported to the joint ministries for study and resolution.
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