Circular on Guidelines for Forensic Expertise in Professional Fields Under the Jurisdiction of the Ministry of Health

CIRCULAR

Guidelines for Forensic Expertise in Professional Fields Within the Regulatory Authority of the Ministry of Health BASED ON Law on Forensic Expertise

No. 105/2025/QH15 BASED ON Decree No. 42/2025/NĐ-CP;

dated February 27, 2025 of the Government on the Functions, Powers, Tasks, and Organizational Structure of the Ministry of Health IN ACCORDANCE WITH The proposal from;

Deputy Director General, Department Head of Cadre Organization and Director of the Department of Medical Examination of the Ministry of Health; The Minister of Health promulgates this Circular on Guidelines for Forensic Expertise in Professional Fields Within the Regulatory Authority of the Ministry of Health, Article 1. Scope of ApplicationThis Circular provides guidelines for forensic expertise in the field of health, including:

1. The standards for forensic experts as stipulated in Clause 2, Article 10 of the Law on Forensic Expertise. 2. Conditions for organizing forensic expertise per case as stipulated in Clause 3, Article 18 of the Law on Forensic Expertise.3. List of professional fields and specialties for expertise, procedures, and formalities for receiving requests, conducting expertise as stipulated in Clause 5, Article 28 of the Law on Forensic Expertise. 4. Time limits for forensic expertise as stipulated in Clause 2, Article 30 of the Law on Forensic Expertise. 5. Components of the file and storage procedures for forensic expertise files as stipulated in Clause 2, Article 37 of the Law on Forensic Expertise. Article 2. List of Professional Fields for Forensic Expertise 1. Preventive Health..

2. Medical Examination and Rehabilitation.

3. Legal Medicine.

4. Legal Psychiatry.

5. Women, Children.

6. Population.

7. Social Protection and Prevention of Social Evils.

8. Traditional Medicine.

9. Drugs and Cosmetics.

10. Medical Devices.

11. Food Safety.

12. Health Insurance.

Article 3. Standards for Appointing Legal Medicine Experts and Psychiatry Experts

The standards for appointing legal medicine experts and psychiatry experts are set out in Appendix I attached to this Circular.

Article 4. Forensic Expertise Per Case in the Field of Health

Conditions for organizing forensic expertise per case; procedures, formalities for receiving requests, conducting forensic expertise per case in the field of health as stipulated in Appendix II attached to this Circular.

Article 5. Forensic Expertise in Legal Medicine

The process of legal medicine expertise is carried out according to the provisions set out in Appendix III attached to this Circular, including: procedures, formalities, components of the file, forms, time limits for expertise, content of requests for expertise, human resources involved and storage procedures for files.

Article 6. Forensic Expertise in Legal Psychiatry

The process of legal psychiatry expertise is carried out according to the provisions set out in Appendix IV attached to this Circular, including: procedures, formalities, components of the file, forms, time limits for expertise, human resources involved and storage procedures for files.

Article 7. Responsibilities of Authorities and Units in Forensic Expertise Activities in Professional Fields Related to Health

1. The Office of the Ministry is the lead unit assisting the Minister of Health in organizing the implementation of forensic expertise activities in professional fields related to health, with responsibilities:

a) To take the lead and coordinate with relevant specialized units or agencies in promoting legal awareness on forensic expertise, training, and enhancing knowledge of legal and forensic expertise for personnel engaged in forensic expertise in professional fields related to health;

b) To take the lead and coordinate with relevant specialized units in guiding and inspecting the implementation of this Circular;

c) To propose and implement reward and recognition systems for individuals and organizations involved in forensic expertise according to legal provisions.

d) Other tasks as specified in this Circular.

2. Responsibilities of specialized units under the Ministry of Health

a) To provide advice or propose content or guide the application of professional standards in expert activities, and the implementation of expertise in specific specialties or professional fields within their regulatory authority;

b) To develop human resources for forensic expertise in relevant fields;

c) To prepare and be responsible for the content and materials for training on expertise procedures in the field of specialization under their regulatory authority;

d) To coordinate with the Office of the Ministry, relevant agencies to organize training and enhance legal awareness and expertise skills for personnel engaged in forensic expertise in professional fields related to health;

e) To organize the establishment, preservation, and storage of expert files;

f) To propose rewards for individuals working in their unit;

g) To fulfill reporting obligations as specified in this Circular;

h) To perform other tasks as specified in this Circular.

3. The Department of Medical Examination is responsible for receiving, reviewing files requesting appointment, reappointment, exemption from appointment, issuance, renewal, and revocation of legal medicine expert and psychiatry expert cards, and submitting to the Minister of Health for consideration and decision on individuals working at agencies under the regulatory authority of the Ministry of Health.

a) To advise and propose content or provide guidance on the application of professional standards in appraisal activities, the implementation of appraisals in specialized fields or areas of expertise within the scope of management;

b) Develop human resources for judicial appraisal in the field of management;

c) Prepare and be responsible for the content, training materials regarding the business of appraisal in the field of specialization within the scope of management;

d) Coordinate with the Office of the Ministry, relevant agencies and units to organize training and legal and appraisal business knowledge enhancement for the team of appraisers in the medical specialty field;

d) Organize the establishment, preservation, and storage of appraisal files;

e) Propose rewards for appraisers within their unit;

g) Implement information provision and reporting as specified in this Circular;

h) Perform other tasks as specified in this Circular.

3. The Department of Medical Examination and Treatment shall be responsible for receiving, reviewing appraisal file applications for appointment, reappointment, deputation, issuance, renewal, and revocation of forensic appraiser certificates and mental health forensic appraiser certificates, and submitting them to the Minister of Health for examination and decision-making regarding personnel working in agencies and units under the management authority of the Ministry of Health.

Article 8. Enforceability

1. This Circular shall take effect from May 1, 2026.

2. The following documents shall cease to have effect from the date this Circular takes effect:

a) Decree No. 21/2025/TT-BYT on the standards for appointing forensic examiners and forensic psychiatrists;

b) Decree No. 03/2025/TT-BYT on forensic legal examination in medical cases;

c) Decree No. 42/2024/TT-BYT on procedures, composition of files, forms, time limits, human resources for conducting forensic examinations, and storage regulations;

d) Decree No. 23/2019/TT-BYT on the procedure for forensic psychiatric examination and forms used in such examinations.

3. In case the legal documents referred to in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement document.

Article 9. Transitional Provisions

1. Forensic examiners and forensic psychiatrists appointed before the date this Circular takes effect who do not meet the standards specified in Appendix I of this Circular shall continue to perform their duties but must standardize themselves to reach the prescribed level by August 15, 2028. In case a forensic examiner or forensic psychiatrist fails to participate in training or does not meet the requirements, the using agency shall report to the competent authority for consideration and decision on revocation of appointment and recovery of the examiner's certificate.

2. Where files related to the appointment of forensic examiners and forensic psychiatrists; files concerning forensic legal examination in medical cases; and files concerning forensic examinations have been submitted or received before this Circular takes effect, the receiving agency shall continue to process them according to the provisions of the relevant legal documents at the time of receipt.

In case of initial forensic examination,forensic psychiatry prior to the date this Circular takes effect,then subsequent re-examinations (if any), including cases where a request for re-examination or referral is made after the effective date of this Circular, shall be conducted in accordance with the provisions of legal documents at the time of receipt of the examination file. During the implementation process, if there are difficulties or issues, it is requested that relevant agencies, organizations, and individuals report to the Ministry of Health for consideration and resolution./. To:.

- Central Committee of the Communist Party of Vietnam;, - Prime Minister, Deputy Prime Ministers of the Government;