Circular No. 09/2006/TT-BCA-C11 guiding the implementation of certain provisions of Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of some articles of the Forensic Appraisal Ordinance within the People's Public Security Forces.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 67/2005/NĐ-CP dated May 19, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Forensic Appraisal in the People's Public Security Forces On May 19, 2005, the Government issued Decree No. 67/2005/NĐ-CP detailing the implementation of certain provisions of the Ordinance on Forensic Appraisal (

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hereinafter referred to as Decree No. 67). To ensure consistent implementation of the provisions in this Decree, the Ministry of Public Security provides the following guidelines:I. FUNCTIONS, TASKS, AND FORENSIC TECHNICAL AND MEDICO-LEGAL SPECIALTIES IN THE PEOPLE'S PUBLIC SECURITY FORCES

1. Functions and tasks of forensic technical and medico-legal organizations in the People's Public Security Forces

Forensic appraisal in the People's Public Security Forces includes forensic technical appraisal and medico-legal appraisal.

Forensic technical and medico-legal appraisal in the People's Public Security Forces are fields of forensic appraisal of the Socialist Republic of Vietnam, and at the same time are scientific and technical measures of the public security sector. Based on current laws and utilizing achievements in science, technology, and industry, forensic technical and medico-legal appraisal have the task of detecting, collecting, and appraising evidence, samples, and documents, providing specialized conclusions on issues related to criminal cases, administrative cases, and civil matters upon request from judicial proceedings bodies and prosecutors to serve the resolution of such cases and matters.

The functions and tasks of forensic technical and medico-legal organizations in the People's Public Security Forces are carried out according to Articles 10, 13, and 14 of Decree No. 67.

2. Forensic Technical Appraisal in the People's Public Security Forces

Forensic technical appraisal in the People's Public Security Forces includes the following specialties:

- Fingerprint appraisal.

- Mechanical trace appraisal.

- Firearm and ammunition appraisal.

- Document appraisal.

- Photographic appraisal.

- Fire and explosion appraisal.

- Technical appraisal.

- Acoustic appraisal.

- Biological appraisal.

- Chemical appraisal.

3. Medico-Legal Appraisal in the People's Public Security Forces

Medico-legal appraisal in the People's Public Security Forces does not differentiate by specialty.

II. FORENSIC TECHNICAL AND MEDICO-LEGAL APPRAISERS IN THE PEOPLE'S PUBLIC SECURITY FORCES

1. Standards for forensic technical and medico-legal appraisers

Forensic technical and medico-legal appraisers in the People's Public Security Forces are officers with qualifications and standards as prescribed by the Ordinance on Forensic Appraisal, Decree No. 67, and the guidelines set forth in this Circular, appointed by the Minister of Public Security or by the Chairman of the Provincial People's Committee.

In addition to the general standards stipulated in Clause 1 of Article 1 of Decree No. 67, individuals appointed as forensic technical and medico-legal appraisers in the People's Public Security Forces must meet the following general standards:

a) General standards

- Hold a bachelor's degree or higher in a field relevant to the specialty of appraisal.

- Graduated from public security schools. If they graduated from non-public security schools, they must undergo vocational training at public security schools as prescribed by the Ministry of Public Security.

- Undergo vocational training in forensic appraisal at the Institute of Criminal Science or foreign criminal science agencies in accordance with their specific specialty.

- Have at least five years of experience assisting forensic appraisers.

- Hold a rank of senior officer or above.

- Possess the ability to independently organize and conduct forensic appraisal work.

In addition to the general standards prescribed in point a of this section, individuals appointed as forensic technical and medico-legal appraisers in the People's Public Security Forces must also meet the following specific standards:

b) Specific standards

- Fingerprint appraiser: hold a bachelor's degree in criminal science or criminal investigation from a public security school or in one of the following fields: law, computer science.

- Mechanical trace appraiser: hold a bachelor's degree in criminal science or criminal investigation from a public security school or in one of the following fields: mechanical engineering, machine manufacturing, power engineering, electromechanical engineering.

- Firearm and ammunition appraiser: hold a bachelor's degree in criminal science or criminal investigation from a public security school or in one of the following fields: military ordnance, mechanical engineering, machine manufacturing.

- Document appraiser: hold a bachelor's degree in criminal science or criminal investigation from a public security school or in one of the following fields: law, foreign languages, computer science, chemical analysis, printing technology.

- Photographic appraiser: hold a bachelor's degree in criminal science or criminal investigation from a public security school or in one of the following fields: fine arts, industrial design, computer science, photography, cinematography.

- Fire and explosion appraiser: hold a bachelor's degree in one of the following fields: chemistry, electrical engineering, fire prevention and firefighting, military engineering.

- Technical appraiser: hold a bachelor's degree in one of the following fields: mechanical engineering, electrical engineering, automation, power engineering, hydraulic engineering, construction, architecture, maritime engineering, computer science.

- Acoustic appraiser: hold a bachelor's degree in one of the following fields: linguistics, computer science, physics, electronics, foreign languages.

- Biological appraiser: hold a bachelor's degree in biology or medicine.

- Chemical appraiser: hold a bachelor's degree in one of the following fields: chemistry, pharmacy, geology, geography.

- Medico-legal appraiser: hold a bachelor's degree in medicine.

2. Procedures, Formalities, and Documentation for Appointing Forensic Technical and Medico-Legal Appraisers

a) Procedures and Formalities for Appointment

- For those currently working at the Institute of Criminal Science: The Institute of Criminal Science will take the lead in coordinating with the Political Department of the Police and the Police Staff Department to prepare a report for the Director General of the National Police Service to review and recommend the Minister of Public Security to appoint forensic technical and medico-legal appraisers in the People's Public Security Forces.

- For those currently working at provincial-level public security agencies: The Director of the provincial-level public security agency will coordinate with the Director of the provincial Department of Justice to select officers who meet the required conditions and standards, prepare documentation, and propose the Chairman of the provincial People's Committee to appoint forensic technical and medico-legal appraisers in the People's Public Security Forces.

- For personnel working at provincial public security agencies: The Director of the provincial public security agency shall cooperate with the Director of the Department of Justice to select officers who meet the required conditions and standards, prepare nomination files, and propose to the Chairman of the Provincial People's Committee for the appointment of criminal technical and forensic medical examiners of the Public Security Force.

b) The dossier for appointing criminal technical and forensic medical examiners includes:

- A proposal document from the Director of the Criminal Science Institute (at the Ministry) or from the Provincial Public Security Director managing the person proposed for appointment, with comments on the time spent assisting a criminal technical examiner by the person proposed for appointment as an examiner; accompanied by three 4cm x 6cm color passport photos.

- The brief curriculum vitae of the person proposed for appointment as an examiner.

- A copy of the graduation certificate of the specialized training.

- A copy of the certificate of professional training in criminal technical examination and forensic medical examination at the Criminal Science Institute or at foreign criminal science agencies.

- A copy of the certificate of professional training for People's Police officers recruited from non-Police universities.

- A copy of the decision promoting the rank of professional police officer or security officer.

- A document from the Director of the National Police Academy proposing the Minister of Public Security to issue a decision appointing an examiner or a document from the Department of Justice Director proposing the Chairman of the Provincial People's Committee to issue a decision appointing an examiner for those who meet the conditions.

3. Removal of criminal technical and forensic medical examiners

The removal of criminal technical and forensic medical examiners in the People's Public Security forces shall be carried out according to the provisions of Article 4 of Decree No. 67. Specifically as follows:

a) Removal of criminal technical and forensic medical examiners in the People's Public Security forces when the examiner falls under one of the following cases:

- Not meeting the criteria specified in Section 1, Part II of this Circular.

- As stipulated in points b, c, d Clause 2, Article 9 of the Forensic Examination Law.

- Unable to perform the examination work due to legitimate reasons.

b) The dossier for removing criminal technical and forensic medical examiners includes:

- A document from the Director of the National Police Academy proposing the Minister of Public Security to issue a decision removing an examiner or a document from the Department of Justice Director proposing the Chairman of the Provincial People's Committee to issue a decision removing an examiner.

- Documents and papers proving that the examiner falls under one of the cases stipulated in point a of this section.

4. Handling violations

- Criminal technical examiners, forensic medical examiners in the People's Public Security forces or other individuals violating the provisions of this Circular shall be disciplined, administratively punished, or criminally prosecuted depending on the nature, severity, and violator.

- Organizations violating the provisions of this Circular shall be administratively punished.

III. EXAMINATION ACTIVITIES

1. Acceptance of examination requests, demands, and objects

- Criminal technical and forensic medical examination agencies in the People's Public Security forces must accept examination requests from prosecution agencies, prosecutors, examination demands from business units in the People's Public Security forces, and examination demands from agencies, organizations, and individuals as prescribed by law to conduct examinations. For requests and demands exceeding the capacity or not allowed to be conducted according to Article 37 of the Forensic Examination Law, they must refuse to examine.

- Requests, demands, and examination objects can be sent through the Ministry of Public Security's liaison service, postal service, or directly handed over. In cases sent through liaison or postal service, handover must be done with a representative of the professional leadership and one examiner opening the seal. Direct handover must take place at the examination agency; it is strictly prohibited to hand over outside the agency premises.

Handover of examination requests, demands, and examination objects must be recorded in a logbook as prescribed. Only valid examination request and demand documents (matching the requested object and the entity making the request) will be accepted. The logbook for handover of examination objects is established according to Clause 1, Article 29 of the Forensic Examination Law.

- For sealed objects requiring examination and comparison samples, before opening, the seals must be carefully checked. If the seal is found torn or showing signs of tampering, it must be reported to the direct leadership for instructions; the instructions must be recorded in the opening logbook. Gradually using high-tech sealing bags to preserve examination objects.

- For invalid examination requests and demands, the examination agency must return them to the requesting agency or individual and clearly state the reasons.

2. Examination levels

a) The Criminal Science Institute is the highest examination agency in the Public Security sector conducting examinations in all criminal technical and forensic medical examination specialties specified in Section 2, Part I of this Circular.

The Provincial Criminal Technical Investigation Department conducts examinations in criminal technical and forensic medical examination specialties as specified by the Criminal Science Institute Director based on the available examiners and equipment, facilities provided.

b) For requests and demands exceeding professional capacity, examiners must refuse to examine and have the responsibility to guide the requesting agency or individual to make the appropriate examination request or contact the suitable examination agency.

3. Conducting the Appraisal

- For the Criminal Science Institute, after receiving examination requests and demands, the institute's clerk hands them over to the clerk of the relevant department or center. The department or center clerk reports to the direct leadership to assign an examiner to conduct the examination. For the Provincial Criminal Technical Investigation Department, after receiving examination requests and demands, the department clerk reports to the department leadership to assign an examiner to conduct the examination.

- Examination agencies only conduct examinations upon requests or demands from authorized agencies, organizations, and individuals as prescribed by law.

- Examiners only conduct examinations upon assignment by direct leadership, except in cases where a specific examiner is requested. In such cases, the requested examiner must report to their direct management leader before conducting the examination.

- The appraisal process must be carried out in accordance with the established appraisal procedures and in compliance with the professional standards that have been issued.

4. Appraisal Conclusion

The appraisal conclusion must be documented in writing according to the uniform model prescribed by the Ministry of Public Security. The appraisal conclusion shall be made in two copies: one copy to be returned to the agency, organization, or individual that requested or required the appraisal, and one copy to be kept in the file as prescribed.

5. Reappraisal and Appraisal Board

Reappraisal must be conducted by someone else. In the case of a second reappraisal, it shall be carried out by the Appraisal Board consisting of forensic science appraisers working at the Institute of Forensic Science. The Director of the Institute of Forensic Science proposes the list of the Appraisal Board for the Minister to issue a decision. The establishment and operation of the Appraisal Board shall be implemented in accordance with Article 19 of Decree No. 67.

6. Appraisal File

The preservation and storage of the appraisal file must be carried out in accordance with the file preservation and storage regulations for professional files issued by the Minister of Public Security. Branch institutes, departments, and centers under the Institute of Forensic Science shall store and manage the appraisal files for a period of five years, after which they shall transfer them to the Professional File Management Department of the Criminal Police Bureau for management as prescribed. Provincial Criminal Technical Departments shall store and preserve the appraisal files for a period of five years, after which they shall transfer them to the Provincial Professional File Management Department for storage and preservation as prescribed.

Copying the appraisal file must be done with the consent of the leadership of the directly responsible appraisal agency.

IV. APPRAISAL FEES

- Appraisal fees shall be implemented in accordance with the provisions of the Ministry of Finance.

- Service fees for appraisals requested by individuals or organizations shall be implemented in accordance with Article 23 of Decree No. 67.

V. IMPLEMENTATION

- The National Police Agency is responsible for guiding, inspecting, and urging the implementation of this Circular.

- This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace the Technical Forensic Appraisal Regulations issued together with Decision No. 19/QĐ-BNV dated March 11, 1987, of the Minister of Home Affairs (now the Ministry of Public Security).

During the implementation, if any difficulties or obstacles arise, local police units are requested to report to the Ministry of Public Security (through the National Police Agency) for prompt guidance./.