Circular No. 11/2022/TT-BYT stipulates standards, files, procedures for appointing, issuing cards, relieving, and revoking cards for forensic medical examiners and forensic psychiatric examiners.

 

CIRCULAR

REGULATIONS ON STANDARDS, DOCUMENTS, PROCEDURES FOR APPOINTING, ISSUING CARDS, DISMISSING, AND REVOKING CARDS OF FORENSIC MEDICAL EXAMINERS AND FORENSIC PSYCHIATRIC EXAMINERS

Pursuant to the Law on Forensic Appraisal dated June 20, 2012 and the Law Amending and Supplementing Certain Provisions of the Law on Forensic Appraisal dated June 10, 2020;

On the basis of Decree No. 85/2013/ND-CP dated July 29, 2013 of the Government detailing measures for implementing the Law on Forensic Appraisal;

On the basis of Decree No. 157/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing certain provisions of Decree No. 85/2013/ND-CP;

On the basis of Decree No. 75/2017/ND-CP dated June 20, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Cadre and Civil Servant Department, Ministry of Health;

The Minister of Health issues this Circular prescribing standards, documents, procedures for appointing, issuing cards, dismissing, and revoking cards of forensic medical examiners and forensic psychiatric examiners.

Article 1. Scope of Regulation

This Circular prescribes standards, documents, procedures for appointing, issuing cards, dismissing, and revoking cards of forensic medical examiners and forensic psychiatric examiners.

Article 2. Applicability

This Circular applies to civil servants, public officials, military officers, police officers, and organizations and individuals related to forensic medical and forensic psychiatric activities.

Article 3. Standards for appointing forensic medical examiners and forensic psychiatric examiners

Vietnamese citizens residing permanently in Vietnam who meet the general standards prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal, not falling under the cases prescribed in Clause 2, Article 7 of the Law on Forensic Appraisal, and satisfying the following specific standards:

1. Professional Qualifications

Having a bachelor's degree or higher in one of the training fields specified in Circular No. 09/2022/TT-BGDĐT dated June 6, 2022 of the Ministry of Education and Training on the Catalogue of Statistics of Training Fields in Higher Education corresponding to each field of forensic appraisal, specifically:

a) For persons proposed for appointment as forensic medical examiners:

The group of medical training fields (excluding preventive medicine) for those conducting forensic appraisals in the medical field.

The group of pharmaceutical and chemical training fields for those conducting forensic appraisals in the toxicology field.

The group of biological and applied biological training fields for those conducting forensic appraisals in the biomedicine field.

Other appropriate training fields for other forensic appraisal fields.

b) For persons proposed for appointment as forensic psychiatric examiners: doctors from the general medicine training field who have been issued a Certificate or Training Completion Certificate in psychiatry for at least six months at a training institution with the function of training in the psychiatric field; or doctors who have been issued a postgraduate diploma in psychiatry (Specialist I, Specialist II, Intern Specialist, Master’s Degree, Doctorate).

2. Forensic Examination Skills

a) For persons proposed for appointment as forensic medical examiners: must hold a certificate in forensic medical examination training issued by the National Institute of Forensic Medicine.

b) For persons proposed for appointment as forensic psychiatric examiners: must hold a certificate in forensic psychiatric examination training issued by the Central Institute of Forensic Psychiatry or the Bien Hoa Central Institute of Forensic Psychiatry.

3. Actual Time Engaged in Professional Activities

a) For persons proposed for appointment as forensic medical examiners: must have at least five years of actual professional experience in the field of training as prescribed in point a, Clause 1 of this Article. In cases where they have directly assisted in forensic appraisal activities at forensic medical appraisal organizations, the actual professional experience in the field of training must be at least three years.

b) For persons proposed for appointment as forensic psychiatric examiners: must have at least five years of actual professional experience in the field of training as prescribed in point b, Clause 1 of this Article at healthcare facilities. In cases where they have directly assisted in forensic appraisal activities at forensic psychiatric appraisal organizations, the actual professional experience in the field of training must be at least three years.

Article 4. Documents for nominating forensic medical examiners and forensic psychiatric examiners

1. The proposal document for nominating forensic medical examiners and forensic psychiatric examiners issued by the competent authority and a list of candidates according to the model prescribed in Appendix No. 1 attached hereto.

2. Certified copies of diplomas and certificates meeting the nomination criteria for forensic medical examiners and forensic psychiatric examiners as stipulated in Clause 1, Article 3 of this Circular.

For diplomas issued by foreign educational institutions, they must be recognized for use in Vietnam under agreements, mutual recognition arrangements regarding equivalence of diplomas, or international treaties related to diplomas that the Socialist Republic of Vietnam has signed.

3. A brief autobiographical resume according to the model prescribed in Appendix No. 2 attached hereto, with a color portrait measuring 4cm x 6cm taken within six months prior to submission of the application, stamped and confirmed by the competent state agency.

4. A certificate confirming the actual time spent working professionally in the field of training or a certificate confirming the time directly assisting in forensic examination activities at forensic examination organizations, forensic psychiatric examination organizations, consistent with the professional level in the field of training, issued by the organization where the person nominated works, according to the model prescribed in Appendix No. 3 attached hereto.

5. Certified copies of vocational training certificates as stipulated in Clause 2, Article 3 of this Circular.

6. Two color portraits measuring 2cm x 3cm taken within six months prior to submission of the application (for identification cards of forensic examiners).

Article 5. Procedures for nominating and issuing identification cards for forensic medical examiners and forensic psychiatric examiners

1. Nomination procedures at the central level

a) Responsibilities of the nominating agencies and units

The Ministry of National Defense and the Ministry of Public Security select individuals who meet the criteria set forth in Article 3 of this Circular and propose to the Minister of Health for the nomination of forensic medical examiners under their respective ministries.

The National Forensic Medical Institute, the Central Forensic Psychiatry Institute, the Bien Hoa Central Forensic Psychiatry Institute, and regional forensic psychiatry centers under the Ministry of Health select individuals who meet the criteria set forth in Article 3 of this Circular and propose to the Minister of Health for the nomination of forensic medical examiners and forensic psychiatric examiners as prescribed.

The nominating agencies and units for forensic medical examiners and forensic psychiatric examiners guide individuals to complete the nomination documents and identification cards for forensic medical examiners and forensic psychiatric examiners as prescribed in Article 4 of this Circular and submit them to the Ministry of Health (through the Department of Organization and Cadres).

b) Responsibilities of the Ministry of Health

The Department of Organization and Cadres of the Ministry of Health takes the lead, in coordination with the Department of Medical Examination and Treatment and the Legal Affairs Department, to review the nomination documents for forensic medical examiners and forensic psychiatric examiners.

Within twenty days from the date of receipt of complete and valid documents, the Department of Organization and Cadres will submit to the Minister of Health for consideration and decision on the nomination of forensic medical examiners and forensic psychiatric examiners in accordance with the law. In cases where the conditions for nomination are not met, the Ministry of Health will notify the nominating agencies and units in writing and specify the reasons.

2. Nomination procedures at the provincial level (hereinafter referred to as the provincial level)

a) Responsibilities of the nominating agencies and units

Provincial public security departments, provincial forensic medical centers, and healthcare facilities under the jurisdiction of the provincial health department select individuals who meet the criteria set forth in Article 3 of this Circular, guide individuals to complete the nomination documents for forensic medical examiners and forensic psychiatric examiners as prescribed in Article 4 of this Circular, and submit them to the provincial health department.

b) Responsibilities of the provincial health department

The provincial health department takes the lead, in coordination with the provincial justice department, to review the nomination documents for forensic medical examiners and forensic psychiatric examiners.

Within twenty days from the date of receipt of complete and valid documents, the provincial health department will submit to the Chairman of the People's Committee of the province for consideration and decision on the nomination of forensic medical examiners and forensic psychiatric examiners in accordance with the law. In cases where the conditions for nomination are not met, the provincial health department will notify the nominating agencies and units in writing and specify the reasons.

3. Within ten days from the date of issuance of the nomination decision for forensic medical examiners and forensic psychiatric examiners, the Ministry of Health and the People's Committee of the province shall be responsible for establishing and publishing lists of forensic medical examiners and forensic psychiatric examiners on the electronic portal of the ministry and the provincial people's committee, and simultaneously send to the Ministry of Justice to establish a unified list of judicial examiners as prescribed by law.

4. The competent authority for nominating forensic medical examiners and forensic psychiatric examiners shall implement the issuance of new and replacement identification cards for forensic examiners. The issuance of new identification cards for forensic examiners is carried out concurrently with the nomination process.

The format of the identification card, procedures, and processes for issuing new and replacement identification cards for forensic medical examiners and forensic psychiatric examiners are implemented in accordance with Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Ministry of Justice on the format, procedures, and processes for issuing new and replacement identification cards for judicial examiners.

5. The competent authority for nominating forensic medical examiners and forensic psychiatric examiners shall be responsible for allocating funds to pay for the production of identification cards for forensic examiners, which are guaranteed from the state budget according to the annual budget plan of the unit in accordance with the law on the state budget.

Article 6. Procedures for Removal and Revocation of Forensic Medical Examiner and Forensic Mental Health Examiner Cards

1. Cases of removal, application files for removal of forensic medical examiners and forensic mental health examiners shall be implemented in accordance with the provisions of Article 10 of the Law on Judicial Appraisal and Clause 6, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal.

2. The competent authority proposing the appointment of forensic medical examiners and forensic mental health examiners shall be responsible for proposing the competent authority to decide on the removal of forensic medical examiners and forensic mental health examiners under the object defined in Clause 1 of this Article for those under their management.

3. Procedures for removing forensic medical examiners and forensic mental health examiners.

a) At the Central Level

The agency proposing the removal of forensic medical examiners and forensic mental health examiners shall establish the removal application file in accordance with Clause 1 of this Article and send it to the Ministry of Health (through the Department of Organization and Cadres). The Department of Organization and Cadres, the Ministry of Health shall take the lead and coordinate with the General Department of Medical Examination and Treatment and the Legal Affairs Department to review the file.

Within ten days from the date of receipt of a complete and valid file, the Department of Organization and Cadres shall submit to the Minister of Health for consideration and decision on removal and revocation of the forensic medical examiner and forensic mental health examiner cards, and adjust the list of examiners on the Ministry of Health's electronic information portal, while sending the Ministry of Justice to adjust the general list of judicial examiners. In case of non-removal, the Ministry of Health shall notify the proposing agency in writing and specify the reasons.

b) At the Provincial/Central City Level

The agency proposing the removal of forensic medical examiners and forensic mental health examiners shall establish the removal application file in accordance with Clause 1 of this Article and send it to the Provincial Department of Health. The Provincial Department of Health shall coordinate with the Provincial Department of Justice to review the file.

Within ten days from the date of receipt of a complete and valid file, the Provincial Department of Health shall submit to the Chairman of the People's Committee of the province for consideration and decision on removal and revocation of the forensic medical examiner and forensic mental health examiner cards, and adjust the list of examiners on the provincial people's committee's electronic information portal, while sending the Ministry of Justice to adjust the general list of judicial examiners. In case of non-removal, the Provincial Department of Health shall notify the proposing agency in writing and specify the reasons.

Article 7. Transitional Provisions and References

1. For forensic medical examiners and forensic mental health examiners who were appointed before the effective date of this Circular but whose professional qualifications have not met the standards prescribed in Clause 1 and Clause 2 of Article 3 of this Circular, they may continue to perform appraisal work, but within five years from the effective date of this Circular, they must be sent by the managing and using agencies to training and further education to complete the necessary academic certificates and professional certificates, in accordance with the law.

2. In cases where laws and regulations and provisions cited in this Circular are amended, supplemented, or replaced, the new laws and regulations shall apply.

Article 8. Implementation clause

1. This Circular takes effect from December 15, 2022.

2. Circular No. 02/2014/TT-BYT dated January 15, 2014 of the Minister of Health on the criteria, application files, and procedures for appointing and removing forensic medical examiners and forensic mental health examiners shall cease to be effective from the date this Circular takes effect.

During implementation, if there are any difficulties, please promptly report to the Ministry of Health (through the Department of Organization and Cadres) for examination and resolution./.

 

 

ANNEX NO. 1

MODEL LIST OF PROPOSALS FOR APPOINTMENT OF FORENSIC MEDICAL EXAMINERS AND FORENSIC MENTAL HEALTH EXAMINERS
(Attached to Circular No. 11/2022/TT-BYT dated November 1, 2022 of the Minister of Health)

LIST

PROPOSAL FOR APPOINTMENT AND ISSUE OF FORENSIC MEDICAL EXAMINER AND FORENSIC MENTAL HEALTH EXAMINER CARDS

(Attached to Official Letter No.:        /        day      month        year 20... of...)

IDNumberFull NameDate of BirthProfessional QualificationRank/ Code of PositionPositionWorking UnitTime of Activity in Specialized FieldTrained Certificates, Appraisal Skills (Specify clearly the field of forensic medicine/forensic mental health training)Summary of the unit's comments on the application file submitted to the Ministry of Health/Provincial People's Committee for appointmentNote1234567891011                      

 

Person preparing the table………, day...month...year 20…
Unit Heads
(Signature and stamp) 

Note:

Column 4: Clearly state the degree and postgraduate degree (if any)

Column 5: For officers under the Ministry of Public Security and the Ministry of Defense, clearly state the rank (Lieutenant, Major...)

Column 8: Clearly state the time working in the trained specialized field (total ...years, ...months); from day... month... year..., to day... month... year...

Column 10: The unit submitting the appointment application summarizes its comments, confirms responsibility, and ensures that the file meets all conditions for the appointment of an examiner.

 

ANNEX NUMBER 2

MODEL CURRICULUM VITAE FOR PROPOSAL FOR APPOINTMENT AND ISSUE OF FORENSIC MEDICAL EXAMINER AND FORENSIC MENTAL HEALTH EXAMINER CARDS
(Issued together with Circular No. 11/2022/TT-BYT dated November 1, 2022 of the Minister of Health)

 Photo
4x6(Stamped across) SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------CURRICULUM VITAEProposing Appointment and Issue of Forensic Medical Examiner and Forensic Mental Health Examiner Cards

- Full Name at Birth (in capital letters): …Gender (Male, Female)…

- Other Names (if any) …

- Date of Birth …

- Rank: (for those working in the Ministry of Public Security and the Ministry of Defense) ……………..

- Position: …

- Workplace: …

- Place of Origin: …

- Permanent Resident Address: …

- Current Residence: …

- Family members …himself/herself…

- Ethnicity …Citizenship…

- Religion …

- Party member, Youth Union member …

- Qualifications:

+ Specialization (Bachelor's, Postgraduate) …

Training organization: ...

Field of study: …

Training form (full-time, part-time, distance learning...) ……………………………………..

Year of graduation …

+ Political theory qualifications (Advanced, Bachelor's, Intermediate, Basic) …

+ Foreign language proficiency (Which foreign language, level A, B, C...) …

+ Certificate for vocational training in forensic medical examination and mental health (Certificate number, issuing authority, date of issue) …

- Date and place of employment in accordance with the trained specialty …

- Date and place of employment in the field of forensic medicine, forensic psychiatry …

I - TRAINING HISTORY

(Specify the period of study at school, cultural, political, foreign language, specialization, technical courses,...)

School nameField of study or class nameStudy period
(from month/year to month/year)Training formDegree, certificate, qualification…

II - SUMMARY OF PROFESSIONAL EXPERIENCE

(Specify each period of work, time spent in professional activities in the trained field/time directly assisting in forensic examination activities at forensic medical examination organizations in line with the specialized qualifications)

From month, year - to month, yearPosition, title, workplace (party, government, mass organization)…

III - AWARDS AND DISCIPLINARY ACTIONS

(Highest form)

1. Awards: …

…………………………………………………………………………………………………………

2. Disciplinary actions: …

…………………………………………………………………………………………………………

IV - STATEMENT

I hereby declare that the information provided above is true and accurate and I am responsible for my declaration before the management authority and the law./.

 

…….Date…month…year…….
Declarant
(Sign and write full name)Confirmation by the managing authority
…….Date…month…year…….   Head of the managing authority
(Sign, write full name and stamp)  

 

ANNEX NUMBER 3

SAMPLE OF THE CERTIFICATE OF ACTUAL TIME SPENT IN PROFESSIONAL ACTIVITIES
(Issued together with Circular No. 11/2022/TT-BYT dated November 1, 2022 of the Minister of Health)

……………¹…………….
……………²…………….
-------SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------No.:      /GXN……….³…, day ….. month ….. year 20……

 

CERTIFICATE

ACTUAL TIME SPENT IN PROFESSIONAL ACTIVITIES IN THE FIELD OF FORENSIC MEDICINE/FORENSIC PSYCHIATRY TRAINED

………………………….²… confirms:

Mr./Ms.: …

Date of Birth: ...

Current address⁴: …………………………………………………………………………………

Workplace⁵: …………………………………………………………………………………

Professional field⁶: ……………………………………………………………..

1. Actual time spent in professional activities in the trained specialty/time directly assisting in forensic examination activities at forensic medical examination organizations in line with the trained specialized qualifications: Total⁷ ………years ………months, from …day …year …to …day, …month …year …

2. Professional competence⁸: ………………………………………………………………………

………………………………………………………………………………………………………

3. Professional ethics⁹: ……………………………………………………………………….

 

 HEAD OF THE UNIT
(Signature, full name and stamp) 

_________________________

1. Name of the managing authority of the confirming unit.

2. Name of the confirming agency, unit, organization (the agency where the person requesting appointment as a forensic examiner is working).

3. Place name.

4. Specify the address according to the registered residence or temporary residence.

5. Specify the name of the unit, department where the individual requesting appointment as a forensic examiner works.

6. Record according to the request for confirmation of professional activity time.

7. Specifically record the actual time spent in professional activities in the trained specialty or time directly assisting in forensic examination activities at forensic medical examination organizations in line with the trained qualifications.

8. Specific comments on professional competence in the trained specialty/forensic medicine, forensic psychiatry field.

9. Specific comments on moral character, communication, conduct of the person requesting appointment with colleagues./.