Circular No. 13/2018/TT-BCA stipulates the minimum material conditions, equipment, and means for forensic technical identification organizations under public management.

CIRCULAR
Regulations on Minimum Conditions for Physical Infrastructure, Equipment, and Means of Forensic Appraisal for Publicly Established Forensic Appraisal Organizations in Criminal Technical Fields

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Pursuant to Clause 3, Article 13 of the Law on Forensic Appraisal;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Police Corps;

The Minister of Public Security promulgates this Circular stipulating the minimum conditions for physical infrastructure, equipment, and means of forensic appraisal for publicly established forensic appraisal organizations in criminal technical fields.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the minimum conditions for physical infrastructure, equipment, and means of forensic appraisal for publicly established forensic appraisal organizations in criminal technical fields and related individuals.

Article 2. Applicability

This Circular applies to publicly established forensic appraisal organizations in criminal technical fields; related organizations, individuals, and officers, soldiers working in these organizations.

Chapter II

SPECIFIC PROVISIONS

Article 3. Conditions for Physical Infrastructure

The conditions for physical infrastructure for the Institute of Criminal Science and Criminal Technical Departments of Provincial Police are arranged according to the provisions of Decree No. 18/2013/ND-CP dated February 21, 2013 of the Government on standards for logistical material support for police officers, non-commissioned officers, and soldiers serving in the People's Police Force, Decree No. 123/2003/ND-CP dated October 22, 2003 of the Government on standards for logistical material support for active-duty military personnel, and Decree No. 65/2009/ND-CP dated July 31, 2009 of the Government amending certain articles of Decree No. 123/2003/ND-CP, including offices for leadership; offices for forensic examiners; offices for assistants to forensic examiners; meeting rooms; unit briefing rooms; reception rooms; scientific seminar rooms. For rooms housing equipment for forensic examination (machine rooms); laboratories; archives for forensic examination files; archives for objects subject to forensic examination after examination; shooting ranges for experimental purposes; document rooms, request reception and delivery of forensic examination results shall be arranged according to specific standards based on the characteristics of criminal technical forensic work as follows:

1. For the Institute of Criminal Science

- Machine room for forensic equipment: The machine room for chemical and biological forensic examinations must have a minimum area of 36 square meters. Each of the remaining eight criminal technical forensic examination specialties specified in Circular No. 33/2014/TT-BCA dated August 5, 2014 of the Minister of Public Security must be allocated one machine room with a minimum area of 18 square meters.

- Laboratory: The laboratory for chemical and biological forensic examinations must have a minimum area of 36 square meters per specialty. The laboratory for fingerprint, fire, and explosion forensic examinations must have a minimum area of 24 square meters per specialty. The design of the laboratory should refer to ISO/IEC 17025:2005 standard.

- Archive for forensic examination files: 36 square meters;

- Archive for post-examination narcotics: 24 square meters;

- Experimental shooting range: One experimental shooting range: 150 square meters;

- Document room, request reception and delivery of forensic examination results: 24 square meters.

2. For Criminal Technical Departments of Provincial Police and the Ministry of National Defense (hereinafter referred to as Provincial Police)

- Machine room for forensic equipment: The specialties of document, mechanical trace, firearm, ammunition, and fingerprint forensic examinations share one machine room with a minimum area of 24 square meters. The specialties of chemical (including drug) forensic examinations, fire, explosion, and technical forensic examinations share one machine room with a minimum area of 24 square meters. The remaining specialties of sound and digital and electronic forensic examinations (if authorized) share one machine room with a minimum area of 16 square meters.

- Laboratory: Each specialty of fingerprint, fire, explosion, chemical, and biological forensic examinations must be allocated one laboratory with a minimum area of 16 square meters. The design of the laboratory should refer to ISO/IEC 17025:2005 standard.

- Archive for forensic examination files: 24 square meters;

- Archive for post-examination narcotics: 16 square meters (applicable to units authorized to conduct drug forensic examinations);

- Units authorized to conduct firearm and ammunition forensic examinations are equipped with one shooting box or one experimental shooting well.

- Reception room, request reception and delivery of forensic examination results are shared within the premises of the Provincial Police headquarters.

Article 4. Conditions regarding machinery, office equipment, and transportation means

1. Conditions regarding machinery and office equipment

The conditions for machinery and office equipment for public forensic identification organizations in the field of criminal technical science shall be implemented according to Decision No. 50/2017/QD-TTg dated December 31, 2017 of the Prime Minister on standards and quotas for the use of machinery and equipment (hereinafter referred to as Decision No. 50/2017/QD-TTg) and based on the special requirements of forensic technical identification work. For the Criminal Technical Identification Department under the Ministry of National Defense, it shall implement Decision No. 50/2017/QD-TTg and Decree No. 123/2003/ND-CP dated October 22, 2003 of the Government on standards and logistical materials for active-duty military personnel and Decree No. 65/2009/ND-CP dated July 31, 2009 of the Government amending certain articles of Decree No. 123/2003/ND-CP dated October 22, 2003. 2. Conditions regarding transportation means

To be implemented according to Decision No. 40/2014/QD-TTg dated July 15, 2014 of the Prime Minister on standards, quotas, and management and usage regulations for motor vehicles in the People's Public Security; Decision No. 169/2002/QD-TTg dated November 27, 2002 of the Prime Minister on the standards and quotas for the use of motor vehicles in the military.

Article 5. Conditions regarding equipment and means serving identification

Equipment and means serving identification shall be equipped according to the specialized identification fields of criminal technical science as stipulated in Circular No. 33/2014/TT-BCA dated August 5, 2014 of the Minister of Public Security on standards and procedures for appointing criminal technical identification experts and based on the criminal technical identification procedures issued by the Minister of Public Security, including ten groups of equipment as follows:

- Group of equipment and means serving fingerprint identification;

- Group of equipment and means serving mechanical trace identification;

- Group of equipment and means serving firearm and ammunition identification;

- Group of equipment and means serving document identification;

- Group of equipment and means serving fire and explosion identification;

- Group of equipment and means serving technical identification;

- Group of equipment and means serving sound identification;

- Group of equipment and means serving biological trace and DNA identification;

- Group of equipment and means serving chemical and drug identification;

- Group of equipment and means serving digital and electronic identification. (Detailed list of equipment and means attached).

Article 6. Responsibility for Proposing Equipment Provision

1. The Director of the Institute of Criminal Science, Ministry of Public Security shall have the responsibility to advise the leadership of the Police General Corps:

a) To propose the leadership of the Ministry of Public Security to arrange working space conditions for the leadership of the Institute, the leadership of the departments and centers, for the identification experts, assistants of the Institute, and other working spaces for the Institute and for the departments and centers under the Institute according to the provisions of this Circular.

b) To propose the leadership of the Ministry of Public Security to equip machinery and equipment for the leadership of the Institute, for the leadership of the departments and centers under the Institute, for the identification experts, and assistants currently working at the Institute according to the standards prescribed in this Circular.

c) To coordinate with the Logistics and Engineering General Department to research and propose the leadership of the Ministry of Public Security to approve the provision of specialized technical means for the criminal technical and forensic medical forces of the People's Public Security according to the provisions of Decree No. 151/2017/ND-CP detailing some provisions of the Law on Management and Use of State Assets.

2. The Head of the Criminal Technical Identification Department of the Provincial Public Security has the responsibility:

a) To propose the Provincial Public Security Director to arrange working space conditions for the leadership of the department, for the identification experts, assistants of the department, and other working spaces for the unit according to the provisions of this Circular.

b) To propose the Provincial Public Security Director to equip machinery and equipment for the leadership of the department, for the identification experts, and assistants currently working at the unit according to the standards prescribed in this Circular.

c) To advise the Provincial Public Security Director to report and propose the Chairman of the Provincial People's Committee to support from the local budget to purchase and equip additional items outside those provided by the Ministry of Public Security to enhance the capacity of the Provincial Criminal Technical Identification Department, better meeting the requirements of forensic identification work.

3. The Head of the Criminal Technical Identification Department of the Ministry of National Defense has the responsibility to propose the competent authority under the Ministry of National Defense:

a) To arrange working space conditions for the leadership, for the identification experts, assistants, and other working spaces for the unit based on the standards prescribed in this Circular.

b) To equip machinery and equipment for the leadership, for the identification experts, and assistants currently working at the unit based on the standards prescribed in this Circular.

c) To approve the provision of specialized technical means serving criminal technical identification work for the unit based on the standards prescribed in this Circular.

4. Based on the service life of the equipment and means stipulated in Circular No. 162/2014/TT-BTC dated November 6, 2014 of the Minister of Finance, before the equipment and means reach their end-of-service date by 12 months, the Director of the Institute of Criminal Science and the Head of the Criminal Technical Identification Department of the Ministry of National Defense have the responsibility to review and propose the competent leadership authority to approve upgrading or providing new equipment to replace those that have reached their end-of-service date or are damaged, ensuring timely, accurate, and appropriate identification activities in line with technology and the level of the region and the world, meeting the requirements of crime prevention and combating other violations of law.

4. On the basis of the usage period of equipment and means prescribed in Circular No. 162/2014/TT-BTC dated November 6, 2014 of the Minister of Finance, twelve months before the equipment and means reach their expiration date, the Director of the Institute of Criminal Science, and the Head of the Criminal Technical Appraisal Department under the Ministry of National Defense shall be responsible for reviewing and proposing to the competent authority with approval power to upgrade or provide new equipment to replace those that have expired or are damaged, ensuring timely, accurate, and appropriate technical appraisals in line with regional and global technological advancements and capabilities, meeting the requirements for combating crime and other violations of law.

Article 7. Management, use, exploitation, maintenance, and disposal of equipment

Technical means and equipment serving criminal technical identification work are high-tech equipment and belong to the category of special technical means and equipment specified in Decree No. 151/2017/NĐ-CP. The Director of the Institute of Criminal Science, the Director of Provincial Police Departments, and the Head of the Criminal Technical Identification Department of the Ministry of National Defense, when being provided with equipment, must be responsible for managing, using, and exploiting it for its intended purpose; establish scientific usage procedures; have regular maintenance regulations according to the manufacturer's specifications; and propose disposal in accordance with the provisions of Decree No. 151/2017/NĐ-CP when the equipment has reached its end-of-use period or is no longer usable due to damage.

Article 8. Provisions on chemicals and consumable materials

Chemicals and consumable materials serving identification work are not included in the list of equipment and means and are provided annually based on the needs of the identification work. Based on the actual needs of identification, each year, judicial identification organizations are responsible for forecasting the quantity of chemicals and consumable materials needed for identification work, reporting to the competent authority for approval from the allocated budget for regular activities, and organizing procurement and settlement according to current regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Cross-References

In cases where the referenced documents in this Circular are replaced or amended, implementation shall follow the replacement or amended document.

Article 10. Effective Date

This Circular takes effect from July 1, 2018.

Article 11. Responsibility for Implementation

1. Comrades General Directors, Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city police departments, and Heads of related agencies within their respective functions and duties are responsible for organizing the implementation of this Circular.

2. The Director of the Institute of Criminal Science, the Head of the Criminal Technical Department of provincial-level public security organs, and the Head of the Criminal Technical Identification Department of the Ministry of National Defense shall propose to the competent authorities to equip material bases, technical equipment, and identification means in accordance with practical circumstances. For public judicial identification organizations in the field of criminal technical science that only conduct certain types of identification tasks, the Heads of these organizations shall base their proposals on the list specified in this Circular and report to the competent authorities for approval of appropriate identification equipment and means.

3. The Criminal Police Bureau is responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

4. During the implementation of this Circular, if there are any difficulties, local police units and related agencies and organizations shall send their opinions to the Ministry of Public Security (through the Criminal Police Bureau) for timely guidance./.