Circular No. 04/2007/TT-BYT guiding standards, conditions, procedures, and processes for appointing and relieving forensic medical examiners and forensic psychiatric examiners

CIRCULAR

Guidelines on standards, conditions, procedures, and formalities for appointing and relieving forensic medical examiners and forensic psychiatric examiners.

 forensic medical examiners and forensic psychiatric examiners.

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Pursuant to the Forensic Examination Law No. 24/2004/PL-UBTVQH11 dated September 29, 2004 of the Standing Committee of the National Assembly;

Pursuant to Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing certain provisions of the Forensic Examination Law.

The Ministry of Health provides detailed guidelines on the Standards, Conditions, Procedures, and Formalities for Appointing and Relieving Forensic Medical Examiners and Forensic Psychiatric Examiners as follows:

I. STANDARDS AND CONDITIONS FOR APPOINTING FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS

1. Vietnamese citizens residing permanently in Vietnam who meet the following standards and conditions may be appointed as forensic medical examiners and forensic psychiatric examiners:

 a) Hold a bachelor's, master's, or doctoral degree in a relevant field from a Vietnamese educational institution and have continuously engaged in professional activities in that field for at least five years:

 - For forensic medical examiners: central forensic medical examiners must have a specialization in forensic medicine; local forensic medical examiners must hold a forensic medicine training certificate;

 - For forensic psychiatric examiners: central forensic psychiatric examiners must have a level I specialty or higher in psychiatry or a master's degree in psychiatry; local forensic psychiatric examiners must have a specialty in forensic psychiatry or higher;

For individuals holding a bachelor's, master's, or doctoral degree in a relevant field from an educational institution outside Vietnam, such degrees must be recognized in Vietnam according to the laws on education and international treaties to which the Socialist Republic of Vietnam is a party;

 b) Possess good moral character;

 c) Have full capacity for civil conduct;

 d) Age limit for initial appointment: not exceeding fifty-five years old for females and sixty years old for males

2. Forensic medical examiners and forensic psychiatric examiners may be appointed among those working in central and local forensic institutions and forensic psychiatric examination organizations or other specialized organizations.

3. The following persons shall not be appointed as forensic medical examiners:

 a) Currently under criminal investigation or previously convicted but not yet rehabilitated;

 b) Under administrative supervision;

 c) Lacking or having limited capacity for civil conduct.

II. PROCEDURES AND FORMALITIES FOR APPOINTING FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS

1. At the central level:

 a) The Director of the National Institute of Forensic Medicine and the Head of the Central Forensic Psychiatry Organization (Director of the Central Institute of Forensic Psychiatry to be established later) select individuals meeting the standards and conditions for forensic medical examiners and forensic psychiatric examiners; prepare files to propose their appointment as forensic medical examiners and forensic psychiatric examiners and submit them to the Department of Personnel and Organization - Ministry of Health.

 b) The Director of the Department of Personnel and Organization, in collaboration with the Directors of the Treatment Department and Legal Affairs Department, propose to the Minister of Health to decide on the appointment of forensic medical examiners and forensic psychiatric examiners.

 c) Based on the proposals from the Department of Personnel and Organization, the Treatment Department, and the Legal Affairs Department, the Minister of Health will consider and decide on the appointment of forensic medical examiners and forensic psychiatric examiners.

2. At the Local Level:

 a) The Director of the Provincial Forensic Medicine Center (hereinafter referred to as the province) or the Head of the Forensic Medicine Department (for provinces that have not yet established a provincial Forensic Medicine Center) and the Director of the Provincial Forensic Psychiatry Center select individuals meeting the standards and conditions for forensic medical examiners and forensic psychiatric examiners and prepare files to submit to the Provincial Department of Justice.

 b) The Director of the Provincial Department of Justice, in collaboration with the Director of the Provincial Department of Health, review and propose to the Chairman of the Provincial People's Committee to decide on the appointment of forensic medical examiners and forensic psychiatric examiners.

 c) Based on the proposals from the Director of the Provincial Department of Justice and the Director of the Provincial Department of Health, the Chairman of the Provincial People's Committee will consider and decide on the appointment of forensic medical examiners and forensic psychiatric examiners.

3. Files for Proposing Appointment of Forensic Medical Examiners and Forensic Psychiatric Examiners:

 a) A letter proposing the appointment of forensic medical examiners and forensic psychiatric examiners from the Director of the National Institute of Forensic Medicine, the Head of the Central Forensic Psychiatry Organization (Director of the Central Institute of Forensic Psychiatry), the Director of the Provincial Forensic Medicine Center (Head of the Provincial Forensic Medicine Department), and the Director of the Provincial Forensic Psychiatry Center;

 b) Curriculum vitae and summary list of the staff proposed for appointment as forensic medical examiners and forensic psychiatric examiners (according to Model 2c of the File Management Regulation No. 01/QCTCTW);

 c) Two color passport-sized photographs (2cm x 3cm) of the individual proposed for appointment as a forensic medical examiner and forensic psychiatric examiner (taken within the last six months);

 d) Annual performance evaluation of the civil servant or public official proposed for appointment according to the Civil Servant Law;

 đ) Health certificate (valid for six months);

 e) The file for proposing appointment should be prepared in two identical copies.

4. Within fifteen working days from the date of receipt of a valid file, the Minister of Health or the Chairman of the Provincial People's Committee will consider and decide on the appointment of forensic medical examiners and forensic psychiatric examiners.

5. Upon appointment, forensic medical examiners and forensic psychiatric examiners are responsible for conducting examinations in their respective capacities as forensic medical examiners and forensic psychiatric examiners from the date of appointment.

III. PROCEDURES AND FORMALITIES FOR PROPOSING ISSUANCE OF FORENSIC MEDICAL EXAMINER AND FORENSIC PSYCHIATRIC EXAMINER CARDS

1. After the Minister of Health or the Chairman of the Provincial People's Committee decides on the appointment of forensic medical examiners and forensic psychiatric examiners, they simultaneously issue a written request to the Ministry of Justice to issue forensic medical examiner and forensic psychiatric examiner cards, accompanied by the following documents:

 to appoint forensic medical examiners and forensic psychiatric examiners, simultaneously issue a written request to the Ministry of Justice to issue forensic medical examiner and forensic psychiatric examiner cards, accompanied by the following documents:

 a) Decision on the appointment of forensic medical examiners and forensic psychiatric examiners;

b) Curriculum vitae, abstracts of records of the staff proposed for appointment as forensic medical examiner and forensic psychiatric examiner (confirmed by the head of the agency).

c) Two color passport-sized photographs measuring 2cm x 3cm of the person proposed for appointment as forensic medical examiner and forensic psychiatric examiner (taken within the last six months).

2. The person appointed as forensic medical examiner and forensic psychiatric examiner shall be issued a forensic examination certificate by the Ministry of Justice for use in performing the rights and obligations of a forensic examiner as stipulated in Articles 12 and 13 of the Ordinance on Forensic Examination.

IV. REMOVAL AND REVOCATION OF FORENSIC MEDICAL EXAMINER AND FORENSIC PSYCHIATRIC EXAMINER CERTIFICATES

1. A forensic medical examiner and forensic psychiatric examiner shall be removed from office when they fall under one of the circumstances specified in Clause 2, Article 9 of the Ordinance on Forensic Examination, or in cases where the forensic medical examiner and forensic psychiatric examiner cannot continue to perform their duties due to a valid reason.

2. At the Central Level

a) The Director of the National Institute of Forensic Medicine and the Head of the Central Forensic Psychiatry Organization (Director of the Central Institute of Forensic Psychiatry) shall review and prepare a dossier to propose the removal of forensic medical examiners and forensic psychiatric examiners, which shall be submitted to the Department of Personnel Organization - Ministry of Health.

b) The Head of the Department of Personnel Organization shall take the lead, coordinating with the Heads of the Departments of Treatment and Legal Affairs to review and prepare a dossier to propose the Minister of Health to decide on the removal of forensic medical examiners and forensic psychiatric examiners.

c) Based on the proposal of the Heads of the Departments of Personnel Organization, Legal Affairs, and Treatment, the Minister of Health shall decide on the removal of forensic medical examiners and forensic psychiatric examiners.

3. At the Local Level

a) The Director of the Provincial Forensic Center or the Head of the Forensic Examination Department (for provinces and cities that have not established a provincial forensic center) and the Director of the Provincial Forensic Psychiatry Center shall review and prepare a dossier to propose the removal of forensic medical examiners and forensic psychiatric examiners, which shall be submitted to the Provincial Department of Justice.

b) The Director of the Department of Justice shall take the lead, coordinating with the Director of the Department of Health to review and prepare a dossier to propose the Chairman of the People's Committee at the provincial level to decide on the removal of forensic medical examiners and forensic psychiatric examiners.

c) Based on the proposals of the Directors of the Department of Justice and the Department of Health, the Chairman of the People's Committee at the provincial level shall decide on the removal of forensic medical examiners and forensic psychiatric examiners.

4. The dossier proposing the removal of forensic medical examiners and forensic psychiatric examiners includes:

a) The document from the agency proposing the removal of forensic medical examiners and forensic psychiatric examiners.

b) Documents and papers proving that the forensic medical examiner and forensic psychiatric examiner fall under one of the circumstances specified in Clause 1, Section IV of this Circular.

5. Within fifteen working days from the date of receipt of a valid removal dossier, the Minister of Health and the Chairman of the People's Committee at the provincial level shall review and decide on the removal of forensic medical examiners and forensic psychiatric examiners.

When deciding on the removal of forensic medical examiners and forensic psychiatric examiners, the Minister of Health and the Chairman of the People's Committee at the provincial level shall collect the forensic medical examiner and forensic psychiatric examiner certificates of the persons being removed.

V. FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS BY CASE

1. Persons who meet the criteria specified in Clause 1, Section I of this Circular and do not fall under any of the circumstances specified in Clause 2, Section I of this Circular may be requested to conduct forensic medical examinations and forensic psychiatric examinations on a case-by-case basis.

In cases where a person does not hold a university degree but has specialized knowledge in the field requiring examination and is reputable in that field, such person may be requested to conduct forensic medical examinations on a case-by-case basis.

2. At the Central Level

a) Based on the needs of litigation activities in the fields of forensic medicine and forensic psychiatry, the Director of the National Institute of Forensic Medicine and the Head of the Central Forensic Psychiatry Organization (Director of the Central Institute of Forensic Psychiatry) shall select persons meeting the criteria specified in Clause 1, Section V of this Circular and prepare a dossier to propose their inclusion in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis, which shall be submitted to the Department of Personnel Organization - Ministry of Health.

b) The Head of the Department of Personnel Organization shall take the lead, coordinating with the Heads of the Departments of Legal Affairs and Treatment to review and propose the Minister of Health to issue a letter requesting the Minister of Justice to include them in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis.

c) Based on the proposals of the Heads of the Departments of Personnel Organization, Legal Affairs, and Treatment, the Minister of Health shall issue a letter requesting the Minister of Justice to include them in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis, to be published annually through mass media.

3. At the Local Level

a) Based on the needs of litigation activities in the fields of forensic medicine and forensic psychiatry, the Director of the Provincial Forensic Center or the Head of the Forensic Examination Department (for provinces and cities that have not established a provincial forensic center) and the Director of the Provincial Forensic Psychiatry Center shall select persons meeting the criteria specified in Clause 1, Section V of this Circular and prepare a dossier to propose their inclusion in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis, which shall be submitted to the Provincial Department of Justice.

b) The Director of the Department of Justice shall take the lead, coordinating with the Director of the Department of Health to review and propose the Chairman of the People's Committee at the provincial level to issue a letter requesting the Minister of Justice to include them in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis.

a) The Director of the Provincial Forensic Center or the Head of the Forensic Examination Department (for provinces and cities that have not established a provincial forensic center) and the Director of the Provincial Forensic Psychiatry Center shall review and prepare a dossier to propose the removal of forensic medical examiners and forensic psychiatric examiners, which shall be submitted to the Provincial Department of Justice.

c) Based on the proposals of the Directors of the Department of Justice and the Department of Health, the Chairman of the People's Committee at the provincial level shall issue a letter requesting the Minister of Justice to include them in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis, to be published annually through mass media.

b) The Director of the Department of Justice shall take the lead in coordinating with the Director of the Department of Health to examine and propose that the Chairman of the People's Committee at the provincial level issue a letter requesting the Minister of Justice to include individuals in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis.

Based on the proposal of the Director of the Department of Justice and the Director of the Department of Health, the Chairman of the People's Committee at the provincial level shall examine and issue a letter requesting the Minister of Justice to include individuals in the list of forensic medical examiners and forensic psychiatric examiners on a case-by-case basis, which shall be published annually through mass media.

4. Documents for proposing inclusion in the list of forensic medical examiners and forensic psychiatric examiners by case:

 a) A letter proposing inclusion in the list of forensic medical examiners and forensic psychiatric examiners by case from the Director of the National Forensic Medical Institute, the Head of the Central Forensic Psychiatry Examination Organization (Director of the Central Forensic Psychiatry Examination Institute), the Director of the Provincial Forensic Center (Head of the Provincial Forensic Department), the Director of the Provincial Forensic Psychiatry Examination Center.

 b) Curriculum vitae and brief resumes of the staff proposed for inclusion in the list of forensic medical examiners and forensic psychiatric examiners by case (in accordance with Model 2c of the File Management Regulation No. 01/QCTCTW).

 c) Two color passport-sized photographs (2cm x 3cm) of the person proposed for inclusion in the list of forensic medical examiners and forensic psychiatric examiners by case (taken within the last six months).

 d) The civil servant and public official performance evaluation of the year for which inclusion in the list of forensic medical examiners and forensic psychiatric examiners by case is proposed, in accordance with the Civil Servant Law.

 đ) A valid health examination certificate.

 e) The file for proposing appointment should be prepared in two identical copies.

VI. IMPLEMENTATION PROVISIONS

1. Until the Central Forensic Psychiatry Examination Institute is established, the Central Forensic Psychiatry Examination Organization shall perform the functions of the Central Forensic Psychiatry Examination Institute; the Provincial Forensic Department shall perform the functions of the Provincial Forensic Center as stipulated in this Circular.

2. This Circular takes effect fifteen days from the date of publication in the Official Gazette. Previous provisions that conflict with the provisions of this Circular are hereby abolished.

3. The Ministry of Health assigns the Department of Personnel Organization and the Provincial Health Departments under the direct control of the central government to be responsible for guiding subordinate units to implement the provisions of this Circular.

During implementation, if there are difficulties or obstacles, units should promptly report to the Ministry of Health for consideration and appropriate supplementation or amendment.

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