Decree No. 157/2020/ND-CP Amending and supplementing some articles of Decree No. 85/2013/ND-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Judicial Appraisal.

DECREE

Amending and supplementing certain Articles of Decree No. 85/2013/NĐ-CP
dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Forensic Appraisal
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Forensic Appraisal.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Forensic Examination dated June 20, 2012;

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

At the proposal of the Minister of Justice;

Article 1. Amending and supplementing certain Articles of Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Forensic Appraisal 7 This Decree provides for the organization, functions, and tasks of public forensic appraisal organizations; the establishment and registration of forensic appraisal offices; preferential policies for forensic appraisal offices; decisions recognizing forensic appraisers and forensic appraisal organizations on a case-by-case basis; the tasks and authorities of ministries, ministerial-level agencies, government agencies, provincial people's committees (hereinafter referred to collectively as provincial people's committees) over forensic appraisal activities."

2. Point b Clause 1 Article 3 shall be amended as follows:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Scope of Regulation

"b) Drafting forensic medical examination procedures and standards to be submitted to the Minister of Health for issuance;"

3. Point b Clause 1 Article 7 shall be amended as follows:

"b) Drafting forensic psychiatric examination procedures and standards to be submitted to the Minister of Health for issuance;"

4. Point b Clause 1 Article 9 shall be amended as follows:

"b) Drafting forensic criminal technical examination procedures and standards to be submitted to the Minister of Public Security for issuance;"

5. Clause 2 Article 21 shall be amended as follows:

"2. In cases where operations cease as provided for in point a Clause 1 of this Article, at least 30 days before the anticipated cessation date, the forensic appraisal office must submit a written report to the Department of Justice at the place of registration.

The forensic appraisal office must attach to the report documents proving that all forensic examinations requested have been completed, all outstanding taxes paid, all debts settled according to the law, termination procedures for signed labor contracts with employees completed, and announcements published in central or local newspapers for two consecutive issues regarding the anticipated cessation date.

Within seven working days from the receipt of complete valid files, the Director of the Department of Justice shall submit the file to the Chairman of the provincial people's committee for consideration and decision on the cessation of operations of the forensic appraisal office. Within fifteen days from the submission of the file by the Department of Justice, the Chairman of the provincial people's committee shall issue a decision on the cessation of operations of the forensic appraisal office.

Within seven working days, the Department of Justice shall notify in writing about the cessation of operations to the forensic appraisal office and the relevant agencies and organizations as stipulated in Clause 1 Article 16 of this Decree."

6. Article 23 shall be amended and supplemented as follows:

"Article 23. Recognition and publication, revocation of recognition of forensic appraisers and forensic appraisal organizations on a case-by-case basis

1. Based on the practical needs of litigation proceedings, ministries, ministerial-level agencies, government agencies, provincial people's committees select individuals meeting the criteria specified in Article 18 and organizations meeting the conditions set out in Article 19 of the Law on Forensic Appraisal to issue decisions recognizing forensic appraisers and forensic appraisal organizations on a case-by-case basis within their jurisdiction.

2. Lists of forensic appraisers and forensic appraisal organizations recognized on a case-by-case basis shall be published on the websites of ministries, ministerial-level agencies, government agencies, provincial people's committees and sent to the Ministry of Justice.

3. In cases where there are changes to information related to forensic appraisers and forensic appraisal organizations recognized on a case-by-case basis, ministries, ministerial-level agencies, government agencies, provincial people's committees shall adjust the lists and send them to the Ministry of Justice.

4. Forensic appraisers and forensic appraisal organizations selected, established, and announced before January 1, 2021, if they still meet the criteria and conditions, shall be recognized as forensic appraisers and forensic appraisal organizations on a case-by-case basis according to the provisions of the Law amending and supplementing certain articles of the Law on Forensic Appraisal.

5. Ministries, ministerial-level agencies, government agencies, provincial people's committees shall issue decisions revoking the recognition of forensic appraisers who no longer meet the criteria specified in Article 18 and forensic appraisal organizations which no longer meet the conditions specified in Article 19 of the Law on Forensic Appraisal."

7. Article 26 shall be amended and supplemented as follows:

"Article 26. Allowance system for judicial forensic examiners and participants in forensic appraisal

2. Judicial forensic examiners and participants in forensic appraisal belonging to public forensic appraisal organizations in the field of forensic medicine under the health sector shall enjoy the allowance system for permanent duty."

8. Point d, point đ, point g Clause 1 Article 27 shall be amended and supplemented as follows:

1. Judicial experts receiving salary from the state budget in the field of forensic medicine, forensic psychiatry, and criminal technical sciences shall enjoy the allowance regime for responsibility in judicial expertise work.

Judicial experts belonging to public judicial expertise organizations in the field of forensic medicine and forensic psychiatry under the health sector shall enjoy the allowance regime for preferential professions.

"d) The Ministry of Health shall take the lead and coordinate with relevant ministries and sectors to study and propose the competent state agency to formulate regulations on code or occupational title for full-time judicial forensic examiners and participants in forensic appraisal activities in public forensic appraisal organizations in the fields of forensic medicine and forensic psychiatry under the health sector; draft the allowance system for permanent duty for judicial forensic examiners and participants in forensic appraisal in public forensic appraisal organizations in the field of forensic medicine under the health sector to be submitted to the competent authority for issuance; monitor, urge, compile, and report to the Prime Minister on the implementation of preferential policies for full-time judicial forensic examiners and participants in forensic appraisal activities in public forensic appraisal organizations in the fields of forensic medicine and forensic psychiatry under the health sector."

8. Point d, Point đ, Point g Clause 1 Article 27 shall be amended and supplemented as follows:

"d) The Ministry of Health shall be responsible for taking the lead and coordinating with relevant ministries and sectors to study and propose the competent state agencies to stipulate the code number or occupational title for specialized judicial appraisers and persons participating in judicial appraisal activities belonging to public judicial appraisal organizations in the fields of forensic medicine and forensic psychiatry within the healthcare sector; establish a regular allowance system for judicial appraisers and persons participating in judicial appraisal activities belonging to public judicial appraisal organizations on forensic medicine within the healthcare sector to submit to the competent authority for promulgation; monitor, urge, compile, and report to the Prime Minister on the implementation of remuneration policies for specialized judicial appraisers and persons participating in judicial appraisal activities belonging to public judicial appraisal organizations in the fields of forensic medicine and forensic psychiatry within the healthcare sector."

The Ministry of Public Security is responsible for taking the lead and coordinating with relevant ministries and sectors to study regulations or propose competent state agencies to establish specialized forensic examiner positions and individuals participating in forensic activities under public forensic organizations within the People's Public Security according to the provisions of the law; monitoring, urging, summarizing, and reporting to the Prime Minister on the implementation of remuneration policies for specialized forensic examiners and individuals participating in forensic activities under public forensic organizations within the People's Public Security.

d) The Ministry of Health takes the lead and coordinates with the Ministry of Public Security and the Ministry of National Defense to conduct inspections and audits regarding forensic medical activities within the police and defense sectors. The Ministry of Public Security takes the lead and coordinates with the Ministry of National Defense to conduct inspections and audits regarding criminal technical examination activities within the military; coordinates with the Supreme People's Procuracy to conduct inspections on criminal technical examination activities within prosecution agencies.

g) Ministries and ministerial-level agencies are responsible for reviewing, publishing lists of individual and organizational forensic examiners on their electronic information portals; revoking recognition of individual forensic examiners and organizational forensic examiners on a case-by-case basis, and simultaneously sending the Ministry of Justice for adjustment in the general list.

9. Point b Clause 2 Article 27 shall be amended as follows:

b) Review, publish, and update the list of individual and organizational forensic examiners on the electronic portal of the provincial People's Committee, and simultaneously send the list to the Ministry of Justice.

10. Article 28 shall be amended and supplemented as follows:

"Article 28. Tasks and Authorities of the Department of Justice and Specialized Agencies under Provincial People's Committees
"1. The Department of Justice has the following tasks and authorities:

a) Take the lead and coordinate with specialized agencies under provincial people's committees managing forensic activities to review applications for establishing Forensic Examination Offices, changing business models, and altering or supplementing the scope of forensic activities of Forensic Examination Offices, and submit them for consideration and decision by the Chairman of the provincial People's Committee; take the lead and coordinate with specialized agencies under provincial people's committees to implement registration of Forensic Examination Office operations;

b) To take the lead or coordinate with specialized agencies under provincial people's committees managing the field of judicial appraisal to organize legal training for local judicial appraisers;

c) To coordinate with the Department of Health to develop proposals to establish, consolidate, and improve public judicial appraisal organizations in the forensic field and submit them to the Chairman of the provincial people's committee for approval;

d) Coordinate with specialized agencies under provincial people's committees managing forensic activities to present the Chairman of the provincial People's Committee with nominations for appointment and dismissal of local forensic examiners;
đ) Take the lead and coordinate with specialized agencies under provincial people's committees to assist the Chairman of the provincial People's Committee in issuing, reissuing, and revoking forensic examiner identification cards;

e) Coordinate with specialized agencies under provincial people's committees managing forensic activities to select and present the Chairman of the provincial People's Committee with decisions to recognize or revoke recognition of individual forensic examiners and organizational forensic examiners on a case-by-case basis in the locality;

g) Annually, take the lead or coordinate with specialized agencies under provincial people's committees managing forensic activities to evaluate the organization and quality of forensic activities in the locality; propose solutions to the provincial People's Committee to ensure the quantity and quality of forensic examiners meet the requirements of litigation activities in the locality in a timely manner and with high quality;

h) Take the lead or coordinate with specialized agencies under provincial people's committees managing forensic activities to inspect, audit, and resolve complaints and reports related to forensic activities within their jurisdiction;

i) Report to the Ministry of Justice and the provincial People's Committee on the organization and operation of forensic activities in the locality according to the legal provisions on administrative agency reporting systems and periodic reporting systems within the management authority of the Ministry of Justice.

2. Specialized agencies under provincial people's committees shall have the following tasks and powers:

a) To take the lead and coordinate with the Department of Justice in selecting and recommending the appointment and removal of judicial appraisers to the Chairman of the provincial people's committee;

b) To coordinate with the Department of Justice in assisting the Chairman of the provincial people's committee in issuing, reissuing, and revoking judicial appraiser identification cards;

c) Take the lead and coordinate with the Department of Justice in selecting and presenting the Chairman of the provincial People's Committee with decisions to recognize or revoke recognition of individual forensic examiners and organizational forensic examiners on a case-by-case basis in the locality;

d) To prepare budgets for the operations of public judicial appraisal organizations under their management;

đ) To take the lead and coordinate with the Department of Justice in organizing professional training for local judicial appraisers;

e) Take the lead or coordinate with the Department of Justice in inspecting and auditing the implementation of laws on forensic activities; resolving complaints and reports within their jurisdiction;

g) Coordinate with the Department of Justice in reviewing applications for establishing Forensic Examination Offices, changing business models, altering or supplementing the scope of forensic activities, and registering Forensic Examination Office operations;

h) Annually report to the ministry or ministerial-level agency managing the specialized field of forensic activities and the provincial People's Committee on the organization and operation of forensic activities within their specialized management in the locality; simultaneously send the report to the Department of Justice for consolidation; implement reward and commendation systems for individual and organizational forensic examiners according to the law;

i) In addition to the tasks and authorities stipulated in points a, b, c, d, đ, e, and h of Clause 2 of this Article, the Department of Health is responsible for taking the lead and coordinating with the Department of Justice to present the Chairman of the provincial People's Committee with proposals to establish, consolidate, and improve the Provincial Forensic Centers.

11. Add Article 28a following Article 28 as follows:

"Article 28a. Procedures for Administrative Procedures Related to Forensic Activities

Individuals and organizations submit one set of application documents online, directly, or through postal services to the competent authority according to the provisions of the law on forensic activities and related laws when implementing administrative procedures related to forensic activities.

12. Replace the phrase "specialized agency of the provincial People's Committee" in Clause 2 Article 17 with the phrase "specialized agency under the provincial People's Committee."

Article 2. Repeal certain clauses of Article 29 of Decree No. 85/2013/NĐ-CP dated July 29, 2013, of the Government detailing and providing implementation measures for the Law on Forensic Appraisal.

Repeal Clause 3 and Clause 4 of Article 29.

Article 3. Implementation Provisions

1. This Decree takes effect from January 1, 2021.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial people's committees under central cities shall be responsible for implementing this Decree./

PRIME MINISTER

PRIME MINISTER

(Signed)

Nguyen Xuan Phuc