Decision No. 08/2025/QĐ-TTg On the System of Allowances for Judicial Appraisal

Pursuant to …;

Regarding the system for compensating forensic expertise

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Pursuant to the Law on Government Organization dated August 18 February day5;

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

At the proposal of the Minister of Justice;

The Prime Minister promulgates this Decision on the system for compensating forensic expertise.

Article 1. Scope of Regulation

1. This Decision stipulates the subjects entitled to compensation for forensic expertise; the system for compensating forensic expertise; sources of funding and principles for paying compensation for forensic expertise.

2. The subjects subject to the provisions of this Decision include:

a) Persons entitled to compensation for forensic expertise include:

Judicial forensic experts, ad hoc forensic experts performing forensic expertise under cases who are receiving salaries from the state budget.

Assistants to forensic experts receiving salaries from the state budget, including: assistants, technical staff, and other persons supporting forensic experts, directly participating in the forensic expertise process, assigned by the head of the organization requested to conduct the forensic expertise or designated by the forensic expert responsible for coordinating the forensic expertise; criminal technical officers in cases of autopsy, dissection, and exhumation.

Investigators, prosecutors, judges entrusted by competent state agencies with the responsibility to perform tasks during forensic expertise in cases of autopsy, dissection, and exhumation.

b) Other relevant agencies, organizations, and individuals.

Article 2. System for compensating forensic expertise based on working days

1. The system for compensating forensic expertise based on working days applies to forensic expertise in the following fields: criminal technical; finance; banking; culture; construction; agriculture and environment; science and technology; industry and trade; judiciary, and other fields not covered by Article 3 of this Decision.

2. The level of compensation for forensic expertise for a full-time forensic expert in the fields of forensic expertise specified in Clause 1 of this Article is as follows:

a) The rate of VND 400,000 per day applies to forensic expertise that does not fall within the cases specified in Points b and c of this Clause;

b) The rate of VND 500,000 per day applies to complex forensic expertise requiring specialized knowledge; or having to interact with objects of forensic expertise carrying dangerous infectious diseases or conducting forensic expertise in areas affected by dangerous infectious disease outbreaks classified as Group B under Point b, Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases; or conducting forensic expertise in contaminated environments but not falling within the cases specified in Point c of this Clause;

c) The rate of VND 600,000 per day applies to forensic expertise requiring interaction with objects of forensic expertise infected with HIV/AIDS, carrying particularly dangerous infectious diseases, or conducting forensic expertise in areas affected by particularly dangerous infectious disease outbreaks classified as Group A under Point a, Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases; or interacting with radioactive materials according to regulations of the Ministry of Science and Technology, hazardous chemicals according to regulations of the Government or other competent authorities.

3. The level of compensation for forensic expertise for part-time forensic experts in the fields of forensic expertise specified in Clause 1 of this Article is as follows:

a) The rate of VND 500,000 per day applies to forensic expertise that does not fall within the cases specified in Points b and c of this Clause;

b) The rate of VND 700,000 per day applies to complex forensic expertise requiring specialized knowledge to be performed by a forensic expert specialist; or having to interact with objects of forensic expertise carrying dangerous infectious diseases or conducting forensic expertise in areas affected by dangerous infectious disease outbreaks classified as Group B under Point b, Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases; or conducting forensic expertise in contaminated environments but not falling within the cases specified in Point c of this Clause;

c) The rate of VND 1,000,000 per day applies to forensic expertise requiring interaction with objects of forensic expertise under conditions dangerous to health and life; objects of forensic expertise carrying particularly dangerous infectious diseases, or conducting forensic expertise in areas affected by particularly dangerous infectious disease outbreaks classified as Group A under Point a, Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases; or interacting with radioactive materials according to regulations of the Ministry of Science and Technology, hazardous chemicals according to regulations of the Government or other competent authorities.

4. Working days for performing forensic expertise are calculated as 8 hours of forensic expertise. The amount of compensation for one forensic expertise case is calculated as follows:

Time and workload necessary for performing forensic expertise according to the standard forensic expertise procedures of each field of forensic expertise prescribed by ministries or agencies at the ministerial level managing forensic expertise.

5. In cases where the time for performing forensic expertise exceeds 8 hours per day, the total additional time for performing forensic expertise shall not exceed 300 hours per year.

6. In cases where forensic expertise must be conducted on weekly rest days, the compensation level is calculated as twice the compensation rate for forensic expertise corresponding to the provisions of Clauses 2 and 3 of this Article.

In cases where forensic expertise must be conducted on public holidays, festivals, or rest days with pay as prescribed, the compensation level is calculated as three times the compensation rate for forensic expertise corresponding to the provisions of Clauses 2 and 3 of this Article.

Article 3. Judicial Appraisal Subsidy System by Case

1. The judicial appraisal subsidy system by case shall be applied to appraisals in the fields of forensic science and forensic psychiatry.

2. The subsidy level for individuals conducting appraisals in the field of forensic science is stipulated as follows:

a) The subsidy level for one individual conducting a living person's appraisal upon the request of the appraiser is stipulated as follows:

VND 400,000 per content of the appraisal request;

VND 500,000 per content of the appraisal request in cases where specialized consultations involve experts from various specialties.

b) The subsidy level for one individual conducting a post-mortem appraisal without autopsy and where the corpse has not been preserved according to regulations or is naturally decomposed is stipulated as follows:

VND 900,000 per corpse for deaths within 48 hours;

VND 1,200,000 per corpse for deaths beyond 48 hours up to 7 days;

VND 1,500,000 per corpse for deaths over 7 days.

c) The subsidy level for one individual conducting an autopsy on a corpse that has not been preserved according to regulations or is naturally decomposed is stipulated as follows:

VND 2,000,000 per corpse for deaths within 48 hours;

VND 3,000,000 per corpse for deaths beyond 48 hours up to 7 days;

VND 4,500,000 per corpse for deaths over 7 days and does not require exhumation or under 7 days and requires exhumation;

VND 6,000,000 per corpse for deaths over 7 days and requires exhumation.

d) In cases where corpses are preserved according to regulations issued by the Ministry of Health, the judicial appraiser shall receive 75% of the corresponding subsidy level for appraisals stipulated in points b and c of Clause 2 of this Article.

VND 250,000 per case for qualitative drug testing in biological fluid samples, hair, or quantitative alcohol testing in blood or single substance testing in biological fluids; VND 400,000 per case for quantitative drug testing in biological fluid samples, hair.

VND 300,000 per case for DNA cell analysis; VND 500,000 per case for mitochondrial DNA analysis.

VND 500,000 per case for mechanism and injury-causing object identification.

VND 600,000 per case for toxic substance testing in organ samples, biological fluids.

VND 800,000 per case for pathological tissue analysis.

VND 1,000,000 per case for file-based appraisals.

If there are ten or more samples in a case, the judicial appraisal subsidy amount will be increased by 20% compared to the subsidy level received.

e) The subsidy level for one individual conducting an appraisal of human remains is stipulated as follows:

VND 4,000,000 per set of human remains.

g) In cases requiring consultation with specialists from deep specialties, the subsidy level for one specialist consultant is VND 500,000 per content of the request.

3. The subsidy level for one individual conducting an appraisal in the field of forensic psychiatry is stipulated as follows:

a) Appraisal at a clinic or on-site

VND 500,000 per case.

b) Appraisal based on records

VND 2,000,000 per case.

c) Inpatient Appraisal

VND 6,000,000 per case.

4. In cases where the subject of the appraisal carries particularly dangerous infectious diseases or must conduct an appraisal in areas affected by particularly dangerous infectious diseases belonging to Group A and Group B as stipulated in point a and point b of Clause 1 of Article 3 of the Law on Prevention and Control of Infectious Diseases, they shall receive an additional 25% of the corresponding subsidy level stipulated in Clause 2 and Clause 3 of this Article.

Article 4. The level of compensation for assistants to persons conducting forensic identification; persons assigned tasks by competent state agencies when conducting forensic identification in cases of autopsy, post-mortem examination, exhumation

1. Assistants to persons conducting forensic identification as specified in point a, Clause 2, Article 1 of this Decision shall be entitled to 70% of the compensation level enjoyed by persons conducting forensic identification.

2. Investigators, prosecutors, judges as specified in point a, Clause 2, Article 1 of this Decision shall be entitled to 10% of the compensation level enjoyed by persons conducting forensic identification.

1. Funds for payment of forensic identification compensation for criminal cases or forensic identification cases upon request of competent judicial authorities shall be guaranteed by the State budget and allocated in the annual budget of judicial authorities in accordance with the laws on the State budget.

Annually, judicial authorities must prepare budgets and propose to competent authorities for approval and allocation of funds to ensure payment of forensic identification compensation. The use of funds for payment of forensic identification compensation must be carried out in accordance with the provisions of the law.

2. Funds for payment of forensic identification compensation for civil cases, administrative litigation cases upon request of judicial authorities according to the requirements of the parties shall be borne by the parties in accordance with the laws on procedure and costs of forensic identification.

3. The requesting agency has the responsibility to temporarily advance compensation for forensic identification when requesting forensic identification and must pay the forensic identification compensation to organizations and individuals conducting forensic identification upon receipt of the forensic identification conclusion.

Article 6. Implementation Organization

1. The Ministry of Justice shall be responsible for monitoring, urging, inspecting the implementation and organization of the forensic identification compensation system at ministries, sectors, judicial authorities, and localities; summarizing, concluding, and reporting to the Prime Minister.

2. Based on actual needs and special characteristics, the ministry or ministerial-level agency managing the specialized field of forensic identification shall take the lead and coordinate with relevant ministries and sectors to guide and stipulate the application of compensation levels and determine the time and number of people conducting forensic identification for each type of identification work in their managed fields; organize implementation, inspect the situation of implementation of the forensic identification compensation system in their managed fields; annually review, compile statistics, evaluate the implementation of the forensic identification compensation system in their managed fields and report to the Ministry of Justice for consolidation and reporting to the Prime Minister.

3. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Justice and other relevant ministries and sectors to stipulate the composition and quantity of personnel assigned by competent state agencies to perform tasks during the period of conducting forensic identification in cases of autopsy, post-mortem examination, exhumation as specified in point a, Clause 2, Article 1 of this Decision.

Article 7. Transitional Provisions

1. In cases where forensic identification has issued a forensic identification conclusion before the effective date of this Decision, the forensic identification compensation system shall be implemented in accordance with Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of the Government Chairman regarding the forensic identification compensation system.

2. In cases where forensic identification is being conducted and has not yet issued a forensic identification conclusion from the effective date of this Decision, the forensic identification compensation system shall be implemented in accordance with the provisions of this Decision.

Article 8. Effective Date

1. This Decision takes effect from May 20, 2025.

2. Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of the Government Chairman regarding the forensic identification compensation system ceases to be effective from the effective date of this Decision.

Article 9. Responsibility for implementation

The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally-administered city, and Heads of related agencies are responsible for implementing this Decision.