✦ 智能摘要
Joint Circular No. 09/2010/TTLT-BTP-BTC-BNV guiding the implementation of Decision No. 74/2009/QĐ-TTg on the regime of allowances for judicial expertise, detailing the person assigned responsibility, allowance levels, funding sources, and payment methods.
适用范围
Persons conducting judicial expertise, investigative agencies, organizations, individuals receiving requests for expertise, and competent authorities managing state budget.
要点
- The person assigned responsibility for autopsy, post-mortem examination, and exhumation is an investigator or prosecutor assigned to perform the task.
- Complex expertise requires high professional knowledge from the person performing it.
- The environment contaminated or containing substances harmful to health is clearly defined.
- Areas with dangerous epidemics are determined according to the Law on Prevention and Control of Infectious Diseases.
- Time spent on expertise less than eight hours is compensated according to the formula: Time spent x allowance rate / 8.
🌐 本文件的社会影响
- Positive impact is the clear definition of the allowance regime which helps improve the quality of judicial expertise.
- Negative impact is the complex payment procedures which may burden investigative agencies.
❓ 常见问题
Who is assigned to perform the task of autopsy, post-mortem examination, and exhumation?
Investigators and prosecutors are assigned by the head of the investigation agency or the Procurator of the People's Procuracy at all levels to perform the task.
How is complex expertise defined?
Complex expertise is expertise involving complicated or difficult circumstances requiring high professional knowledge from the person performing it.
What is the allowance level for experts working in contaminated environments?
There is no specific information about the allowance level in this document.
For expertise time less than eight hours, how is the allowance calculated?
Time spent on expertise x allowance rate / 8.
From which source is the funding for allowances for judicial expertise paid?
If criminal cases, from the state budget; if civil or administrative cases, the parties involved bear the cost.
全文
JOINT CIRCULAR
Guidelines for Implementing Decision No. 74/2009/QĐ-TTg dated May 7, 2009
of the Government on the system of allowances for forensic examination
_________________
Pursuant to Decision No. 74/2009/QĐ-TTg dated May 7, 2009 of the Government on the system of allowances for forensic examination;
The Ministry of Justice, the Ministry of Finance, and the Ministry of Home Affairs hereby provide guidelines as follows,
Article 1. Guidelines for some concepts specified in Clause 3, Article 1; Clause 2, Clause 3, Article 2; Clause 5, Article 3; Clause 2, Article 4 of Decision No. 74/2009/QĐ-TTg
1. The person assigned responsibility by the competent authority to be present during the time of performing autopsy, post-mortem dissection, exhumation of bodies as stipulated in Clause 3, Article 1 and Clause 2, Article 4 of Decision No. 74/2009/QĐ-TTg is an investigator or prosecutor assigned by the head of the investigation agency or the procurator of various levels to perform investigative or prosecutorial tasks during the process of autopsy, post-mortem dissection, and exhumation.
2. Complex forensic examination as stipulated in Clause 2, Article 2 of Decision No. 74/2009/QĐ-TTg refers to an examination with complicated circumstances or difficult elements that require the examiner to have high expertise in the relevant field.
3. Polluted environment as stipulated in Clause 2, Article 2 of Decision No. 74/2009/QĐ-TTg refers to an environment with indices exceeding permissible occupational safety standards according to the Ministry of Health's regulations on labor safety standards and not falling under the cases specified in Clause 3, Article 2 of Decision No. 74/2009/QĐ-TTg.
4. Environment contaminated with hazardous substances to health as stipulated in Clause 3, Article 2 and the environment containing hazardous substances when conducting non-dissection forensic examination, dissection forensic examination as stipulated in Clause 5, Article 3 of Decision No. 74/2009/QĐ-TTg refers to an environment with radioactive materials, acids, bases, or other substances harmful to the health of the examiner according to the Ministry of Health's regulations on labor safety standards.
5. Area experiencing dangerous epidemics as stipulated in Clause 3, Article 2 and Clause 5, Article 3 of Decision No. 74/2009/QĐ-TTg refers to regions experiencing particularly dangerous or dangerous infectious diseases belonging to Group A or Group B and declared as epidemic areas by competent state authorities according to the Law on Prevention and Control of Infectious Diseases.
6. In cases where the time required to complete a forensic examination does not reach eight hours, the amount of allowance for such examination shall be calculated using the following formula:
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Time spent on forensic examination x rate of allowance
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8 hours of forensic examination
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The investigative agency that requests forensic examination, requires asset valuation, or summons witnesses and interpreters shall pay the costs for requesting forensic examination, requiring asset valuation, and summoning witnesses and interpreters.
1.Forensic examination allowance costs for criminal cases shall be guaranteed by the state budget and allocated within the annual budget of the prosecution agencies as prescribed by the State Budget Law.
2. Forensic examination allowance costs for civil cases and administrative cases shall be included in the forensic examination costs borne by the parties as prescribed by civil procedure laws and administrative procedure laws.
Article 3. Preparation of budgets, management, and settlement of forensic examination allowance payments
1. The requesting agency has the responsibility to temporarily advance forensic examination allowance funds to organizations or individuals accepting forensic examination requests and must pay the forensic examination allowance to organizations or individuals conducting the examination upon receipt of the examination conclusion.
In cases involving autopsy, post-mortem dissection, and exhumation, after settling the forensic examination allowance payment to the organizations or individuals conducting the forensic examination, the requesting agency has the responsibility to pay the forensic examination allowance to the litigation personnel as stipulated in Clause 2, Article 4 of Decision No. 74/2009/QĐ-TTg.
2. The preparation of budgets, management, and settlement of forensic examination allowance payments by requesting agencies shall be carried out in accordance with the State Budget Law and related guiding documents.
Article 4. Organization of Implementation
1. The Ministry of Justice is responsible for leading and coordinating with the Ministry of Finance and the Ministry of Home Affairs to monitor, guide, and inspect the implementation of the forensic examination allowance system.
2. The Ministry of Finance is responsible for monitoring, guiding, and promptly resolving issues related to financial support for the implementation of the forensic examination allowance system.
3. Requesting agencies, organizations or individuals accepting and conducting forensic examinations, and related organizations or individuals have the responsibility to implement this Circular.
Article 5. Effective Date
1. This Circular shall take effect 45 days from the date of signature.
2. For forensic examinations requested and accepted for implementation from July 1, 2009 until the effective date of this Circular, the forensic examination allowance shall be calculated based on the allowance rates specified in Decision No. 74/2009/QĐ-TTg.
In cases where forensic examination allowances have already been paid by the prosecution agencies according to the allowance rates specified in Decision No. 160/TTg, Decision No. 57/1998/QĐ-TTg dated March 5, 1998 of the Prime Minister supplementing Decision No. 160/TTg dated March 15, 1996 of the Prime Minister regarding the implementation of the allowance system for forensic examiners and related guiding documents, the requesting agency shall be responsible for paying the difference between the allowance rates specified in Decision No. 74/2009/QĐ-TTg and those previously applied.
3. Repeal Joint Circular No. 355/TT-LB dated October 12, 1996 of the Joint Board of Personnel Administration - Government - Finance - Justice guiding the implementation of Decision No. 160/TTg dated March 15, 1996 of the Prime Minister on the implementation of the allowance system for forensic examiners; Joint Circular No. 04/1998/TTLT/TCCP-TC-TP dated July 23, 1998 of the Joint Board of Personnel Administration - Government - Finance - Justice guiding the implementation of Decision No. 57/1998/QĐ-TTg dated March 5, 1998 of the Prime Minister supplementing Decision No. 160/TTg dated March 15, 1996.
Any difficulties or obstacles encountered during implementation should be reported to the Ministry of Justice for coordination with the Ministry of Finance and the Ministry of Home Affairs to study and resolve./.
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137/2014/TT-BTC
Thông tư số 137/2014/TT-BTC Hướng dẫn về lâp dự toán, chấp hành và quyết toán kinh phí chi trả tiền bồi duỡng giám định tư pháp của các cơ quan tiến hành tố tụng theo quy định tại Quyết định số 01/2014/QĐ-TTg ngày 01 01 2014 của Thủ tướng Chính phủ về chế độ bồi dưỡng giám định tư - pháp
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01/2018/TT-BTP
Thông tư số 01/2018/TT-BTP Bãi bỏ một số văn bản quy phạm pháp luật
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74/2009/QĐ-TT
Quyết định số 74/2009/QĐ-TTg Về chế độ bồi dưỡng giám định tư pháp
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被其引用 1
57/1998/QĐ-TT
Quyết định số 57/1998/QĐ-TTg Bổ sung Quyết định số 160/TTg ngày 15/3/1996 của Thủ tướng Chính phủ về chế độ bồi dưỡng đối với giám định viên tư pháp
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09/2010/TTLT-BTP-BTC-BNV
Joint Circular No. 09/2010/TTLT-BTP-BTC-BNV guiding the implementation of Decision No. 74/2009/QĐ-TTg dated May 7, 2009 of the Prime Minister on the regime of allowances for judicial expertise.
Expired
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04/1998/TTLT/TCCP-TC-TP
Thông tư liên tịch số 04/1998/TTLT/TCCP-TC-TP Hướng dẫn thực hiện Quyết định số 57/1998/QĐ-TTg ngày 5/3/1998 của Thủ tướng Chính phủ bổ sung Quyết định số 160/TTg ngày 15/3/1996 của Thủ tướng Chính phủ về chế độ bồi dưỡng đối với giám định viên tư pháp
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355-TT/LB
Thông tư liên tịch số 355-TT/LB hướng dẫn thực hiện quyết định số 160/TTG ngày 15/3/1996 của thủ tướng chính phủ về việc thực hiện chế độ bồi dưỡng đối với giám định viên tư pháp
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译本
本文件提供以下语言版本：
Tiếng Việt
Thông tư liên tịch số 09/2010/TTLT-BTP-BTC-BNV Hướng dẫn thực hiện Quyết định số 74/2009/QĐ-TTg ngày 07 tháng 5 năm 2009 của Thủ tướng Chính phủ quy định về chế độ bồi dưỡng giám định tư pháp
한국어
통일훈령 제 2010-9 호는총리령 제 2009-74 호, 2009년 5월 7일 발행된 사법감정 보수 제도에 관한 규정을 시행하기 위한 지침을 제공한다.
中文
联合通知2010年第9号关于实施国务院第74/2009/决定号令有关司法鉴定补助制度的决定的通知