Circular No. 114/2011/TT-BTC stipulates the level of collection, collection system, payment, management, and use of forensic examination fees in the field of forensic medicine.

CIRCULAR

Regulations on the level of collection, collection system, payment, management, and use of forensic examination fees in the field of forensic medicine

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Based on Decree No. 57/2002/ND-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges; Decree No. 24/2006/ND-CP dated March 6, 2006 of the Government amending and supplementing some articles of Decree No. 57/2002/ND-CP dated June 3, 2002;

Based on Decree No. 67/2005/ND-CP dated May 19, 2005 of the Government detailing some provisions of the Ordinance on Forensic Examination;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on Decision No. 74/2009/QD-TTg dated May 7, 2009 of the Prime Minister regarding the allowance system for forensic examinations;

Based on Decision No. 1358/QD-TTg dated August 3, 2010 of the Prime Minister promulgating the Plan to implement Decision No. 258/QD-TTg dated February 11, 2010 of the Prime Minister approving the Project "Reforming and Enhancing the Efficiency of Forensic Examination Activities";

After receiving opinions from the Ministry of Health in Circular No. 2331/BYT-KHTC dated April 29, 2011; the Ministry of National Defense in Circular No. 1532/BQP-PC dated June 22, 2011; the Ministry of Public Security in Circular No. 1853-V19 dated June 29, 2011;

The Ministry of Finance stipulates the level of collection, collection system, payment, management, and use of forensic examination fees in the field of forensic medicine as follows:

Clause 2. Any material costs, working expenses arising during the testing of fire prevention and firefighting equipment; printing and affixing of test labels requested by organizations and individuals shall be borne by them according to actual expenditures, in compliance with the law.

1. Judicial organs and persons conducting proceedings who request forensic examination must pay forensic examination fees in the field of forensic medicine for criminal cases.

2. Organizations and individuals requesting forensic examination must pay forensic examination fees in the field of forensic medicine for civil matters and administrative cases.

Persons requesting forensic examination who are war invalids, relatives of martyrs, victims of Agent Orange, poor people, elderly people living alone without support, orphaned children with disabilities are exempt from paying forensic examination costs. These costs shall be covered by the state budget.

Article 2. Level of Collection

Forensic examination fees in the field of forensic medicine include forensic examination costs and forensic examination allowance.

The level of forensic examination fees in the field of forensic medicine shall be implemented according to the Forensic Examination Fee Schedule attached to this Circular.

Article 3. Organization of collection, payment, management and use

1. The fee collection agencies are the National Institute of Forensic Medicine under the Ministry of Health; Forensic Centers, Forensic Examination Organizations under the Provincial Health Departments; Forensic Examination Departments of Provincial General Hospitals; Military Forensic Institutes, Military Regional Hospitals under the Ministry of National Defense; Forensic Science Centers under the Institute of Criminal Science of the Ministry of Public Security, Criminal Technical Investigation Departments of Provincial Police Forces.

2. When judicial organs and persons conducting proceedings submit forensic examination requests, they must pay forensic examination fees.

When organizations and individuals request forensic examination, they must pay forensic examination fees to the judicial organs for submission when requesting forensic examination.

3. Fee collection agencies are entitled to receive forensic examination allowances according to current regulations; they may retain 95% of the total forensic examination costs collected before remitting them to the state budget for fee collection expenses.

The remaining 5% of forensic examination costs shall be remitted by the fee collection agencies to the state budget according to the corresponding chapters, types, items, sub-items of the current state budget classification.

Article 4. Organization of Implementation

1. This Circular takes effect from September 28, 2011.

2. Other contents related to the collection, payment, management, use, declaration, payment of fees, and publicizing the fee collection system not detailed in this Circular shall be implemented in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges; Circular No. 45/2006/TT-BTC dated May 25, 2006 of the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002; Circular No. 28/2011/TT-BTC dated February 28, 2011 of the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration, guiding the implementation of Decree No. 85/2007/NĐ-CP dated May 25, 2007 and Decree No. 106/2010/NĐ-CP dated October 28, 2010 of the Government.

- Supreme People's Procuracy;