Circular No. 13/2022/TT-BYT promulgates the procedures, forms for forensic medical examination, deadlines, and personnel for conducting forensic medical examinations.

CIRCULAR

ISSUING REGULATIONS ON PROCEDURES, FORMS FOR LEGAL MEDICAL EXAMINATIONS, TIME LIMITS, AND PERSONNEL TO CONDUCT LEGAL MEDICAL EXAMINATIONS

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

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Legal Appraisal; Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain provisions of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Legal Appraisal;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Department of Medical Examination and Treatment,

The Minister of Health issues this Circular on procedures, forms for legal medical examinations, time limits, and personnel to conduct legal medical examinations.

Article 1. Procedures for legal medical examinations, forms recording the process of conducting legal medical examinations, and forms for conclusions of legal medical examinations

1. National Technical Regulation on Railway Traffic Signals, number QCVN 21:2025/BXD.

1. Thirty-seven (37) procedures for legal medical examinations (as specified in Appendix 1).

2. Eighteen (18) forms recording the process of conducting legal medical examinations (as specified in Appendix 2).

3. Thirty-six (36) forms for conclusions of legal medical examinations (as specified in Appendix 3).

Article 2. Time Limits for Legal Medical Examinations

1. For cases where legal medical examinations must be conducted as required by the Criminal Procedure Code.

2. For other cases, they shall be carried out as follows:

a) Not exceeding nine (09) days for cases involving sexual assault, abuse, determination of gender, pregnancy, male sexual capacity, and not exceeding eighteen (18) days for cases requiring consultation;

b) Not exceeding twenty (20) days for cases involving toxicology, pathology, DNA, and not exceeding one (01) month for cases requiring consultation;

c) For cases not covered under points a and b of Clause 2 of this Article, the time limit for legal medical examinations shall be carried out in accordance with the provisions of Clause 3 of Article 26a of the Law Amending and Supplementing Certain Provisions of the Law on Legal Appraisal.

3. Principles for calculating time limits for legal medical examinations, extending time limits for legal medical examinations, and resolving issues arising from unforeseen circumstances or situations where it is deemed that the legal medical examination cannot be completed within the prescribed time limit, shall be implemented in accordance with the provisions of Article 26a of the Law Amending and Supplementing Certain Provisions of the Law on Legal Appraisal.

Article 3. Personnel Conducting Legal Medical Examinations

1. Personnel conducting forensic medical examinations include:

a) Forensic medical examiners;

b) Assistants to forensic medical examiners.

2. The number of personnel conducting forensic examinations:

a) Initial examination: two (02) forensic medical examiners and two (02) assistants;

b) Re-examination: three (03) forensic medical examiners and two (02) to three (03) assistants;

c) Re-examination or re-examination in special cases: At least three (03) appraisers and three (03) assistants.

3. In cases of natural disasters, catastrophes, and emergency situations where many individuals require legal medical examinations, the head of the public legal appraisal organization shall allocate and coordinate with other organizations conducting legal medical examinations based on the available personnel of their unit, ensuring progress, manpower, and time limits for legal medical examinations.

Article 4. Organization of Implementation

1. The Department of Medical Examination and Treatment, Ministry of Health, shall take the lead and coordinate with relevant agencies and organizations to direct, inspect, audit, review, and summarize the implementation of this Circular nationwide.

2. Provincial Departments of Health, directly governed cities; Health Ministries and sectors shall direct, guide, inspect, and ensure the implementation of the regulations issued in this Circular by forensic organizations under their jurisdiction.

3. National Institute of Forensic Medicine - Ministry of Health:

a) Train the procedures for legal medical examinations and the forms issued in this Circular for individuals and organizations conducting legal medical examinations nationwide;

b) Direct, inspect, review, summarize, and report the results of implementing the provisions of this Circular by forensic organizations and units conducting legal medical examinations nationwide, and report to the Ministry of Health and the Ministry of Justice in accordance with point g of Clause 1 of Article 3 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Legal Appraisal.

4. Forensic organizations and units conducting legal medical examinations nationwide:

a) Annually report the results of implementation to the direct supervisory agency, and simultaneously send the report to the National Institute of Forensic Medicine in accordance with point c of Clause 1 of Article 4 of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Legal Appraisal;

b) The head of the forensic organization shall assign personnel to conduct legal medical examinations based on their professional qualifications, experience, and expertise, ensuring compliance with the procedures for legal medical examinations issued in this Circular.

Article 5. Effective Date

This Circular takes effect from March 1, 2023. Circular No. 47/2013/TT-BYT dated December 31, 2013 of the Minister of Health on procedures for legal medical examinations shall cease to be effective from the date this Circular takes effect.

Article 6. Reference Provisions

In cases where the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement documents.

Article 7. Implementation timeline

1. The provisions at points a and b, Clause 2, Article 3 of this Circular shall take effect from January 1, 2025.

2. From the date this Circular takes effect until December 31, 2024:

a) Minimum number of initial appraisers: one appraiser;

b) Minimum number of re-appraisers: two appraisers.

Article 8. Transitional Provisions

In cases where the initial appraisal was conducted before the date this Circular takes effect, subsequent re-appraisals (if any), including those requested or required after the effective date of this Circular, shall be carried out in accordance with Circular No. 47/2013/TT-BYT dated December 31, 2013, issued by the Minister of Health.

Article 9. Responsibility for implementation

The Director of the Ministry's Office; the Inspector General of the Ministry; Department Heads; Bureau Chiefs; General Directors under the Ministry of Health, health departments, and sectors; Provincial Health Service Directors and relevant agencies, organizations, and individuals are responsible for implementing this Circular. During implementation, any issues encountered should be promptly reported to the Ministry of Health (Medical Examination and Treatment Administration) for review and resolution.

During implementation, any issues encountered should be promptly reported to the Ministry of Health (Medical Examination and Treatment Administration) for review and resolution./.