Circular No. 21/2025/TT-BYT stipulates the criteria for appointing forensic medical examiners and forensic psychiatric examiners issued by the Minister of Health.

CIRCULAR

Regulations on the criteria for appointment
forensic medical examiners and forensic psychiatric examiners
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Pursuant to the Law on Forensic Appraisal Services 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Appraisal Services 2020;

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

Pursuant to Decree No. 42/2025/NĐ-CP dated February 27, 2025 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 Organization and Cadres and the Director of the Department of Medical Examination and Treatment, Ministry of Health;

The Minister of Health issues this Circular stipulating the criteria for appointing forensic medical examiners and forensic psychiatric examiners.

Article 1. Scope of Regulation

This Circular stipulates the criteria for appointing forensic medical examiners and forensic psychiatric examiners.

Article 2. General Criteria

1. Being a Vietnamese citizen residing permanently in Vietnam, currently working in the health, police, or military sectors, having sufficient health to work and meeting the basic ethical standards of individuals engaged in the judicial field as follows:

a) Responsibility, dedication, creativity, discipline, impartiality; using laws as the standard for handling tasks;

b) Objectivity, fairness when performing appraisal work; resolutely combating all acts that infringe upon the rights and legitimate interests of the people;

c) Frankly fighting to uphold justice and fairness; not showing favoritism, avoiding, or covering up in the performance of professional duties;

d) Not exercising authority arbitrarily, being arrogant, or exploiting positions and powers for corruption or personal gain;

e) Continuously studying to enhance political and legal awareness;

f) Regularly maintaining, cultivating, and refining ethics, character, and lifestyle; demonstrating the normative, strict, and fair nature of the law.

2. Not falling under any of the cases specified in Clause 2, Article 7 of the Law on Forensic Appraisal Services.

Article 3. Criteria for appointing forensic medical examiners

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 issued by the Minister of Education and Training regarding the Catalogue of Statistics of Higher Education Training Fields, in the following areas:

a) For those conducting forensic medical examinations: having a bachelor's degree in medicine (code 7720101);

b) For those conducting toxicological examinations: having a bachelor's degree in chemistry (code 7440112) or one of the fields within the group of pharmaceutical training fields (code 77202);

c) For those conducting forensic biological examinations: having a bachelor's degree in one of the fields within the group of biology training fields (code 74201) and applied biology (code 74202).

2. Appraisal Practice

Holding a certificate of forensic medical appraisal practice issued by the competent authority according to the provisions of Circular No. 06/2019/TT-BYT dated March 28, 2019 issued by the Minister of Health regarding the agencies and organizations implementing, the content, and duration of training to issue certificates of forensic medical and forensic psychiatric appraisal practice, or meeting the criteria set forth in Article 10 of Circular No. 06/2019/TT-BYT.

3. Actual Professional Experience

Must have at least five (5) years of actual professional experience in the field of training as prescribed in Clause 1 above, with any interruption period (if any) not exceeding two (2) years as of the date of application for appointment. In cases where they have directly assisted in forensic medical examination activities at agencies or organizations conducting forensic medical examinations in the health, police, or military sectors, the actual professional experience in the field of training must be at least three (3) consecutive years.

Article 4. Criteria for appointing forensic psychiatric examiners

1. Professional Qualifications

Must have a bachelor's degree in medicine (code 7720101) as stipulated in Circular No. 09/2022/TT-BGDĐT and a first-level specialty (or equivalent) or higher in psychiatry.

2. Forensic Examination Skills

Must hold a certificate of forensic psychiatric examination skills issued by the competent authority according to Circular No. 06/2019/TT-BYT, or meet the criteria specified in Article 10 of Circular No. 06/2019/TT-BYT.

3. Actual Time Engaged in Professional Activities

Must have a total actual time engaged in professional activities in the field of psychiatry at healthcare facilities for at least five (5) years (including postgraduate training in psychiatry) and any interruption period (if any) not exceeding two (2) years up to the date of application for appointment as a forensic examiner. In cases where they have directly assisted in forensic examination activities at forensic psychiatric examination organizations, the actual time engaged in professional activities in the field of training as stipulated in Clause 1 of this Article must be at least three (3) consecutive years.

Article 5. Effective Date

2. The Chief of General Staff, heads of agencies and units, and related individuals are responsible for implementing this Circular./.

2. Circular No. 11/2022/TT-BYT dated November 1, 2022, of the Minister of Health, which stipulates the criteria, files, procedures for appointing, issuing cards, relieving, and revoking cards of forensic examiners and forensic psychiatric examiners, shall cease to be effective from the date this Circular takes effect.

3. In cases where the legal normative documents referred to and applied in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall apply.

Article 6. Transitional Provisions

1. Forensic psychiatric examiners who were appointed before the date this Circular takes effect but whose professional qualifications do not meet the criteria specified in Clause 1 of Article 4 of this Circular shall continue to conduct examinations but must standardize their qualifications to meet the requirements before August 15, 2028. In cases where forensic psychiatric examiners are sent for training to meet the required qualifications but do not participate in the training or fail to meet the training requirements, the employing agency or unit must report to the competent authority for consideration and decision on relieving them of their positions and revoking their forensic examiner cards.

2. Applications for appointment and relief of forensic examiners and forensic psychiatric examiners submitted before July 1, 2025, shall be processed according to Circular No. 11/2022/TT-BYT until the administrative procedure is completed.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to reflect these issues to the Ministry of Health (through the Department of Medical Examination and Treatment) for consideration and resolution./.