This Circular details the criteria, procedures, and processes for appointing and relieving forensic technical identification experts and announcing organizations and individuals conducting identification according to cases in the People's Public Security. This Circular takes effect from October 27, 2022, and replaces previous Circulars on this matter.
Đối tượng áp dụng
Heads of units under the Ministry of Public Security, Directors of Public Security in provinces and centrally-administered cities, and Heads of agencies and units related to judicial identification activities within their functions and tasks.
Các điểm cốt lõi
- Criteria for appointing forensic technical identification experts
- Procedures and processes for appointing and relieving forensic technical identification experts
- Announcing organizations and individuals conducting judicial identification according to cases in the People's Public Security
- Transitional provisions and the effective date of this Circular.
- Guidelines for the highest rank for the position of forensic identification expert
🌐 Tác động xã hội từ văn bản này
- Strengthening management of judicial identification activities in the People's Public Security
- Developing a team of forensic identification experts with high professional qualifications
- Ensuring the objectivity and accuracy of judicial identification results
❓ Câu hỏi thường gặp
Which Circulars does this Circular replace?
This Circular replaces Circular No. 33/2014/TT-BCA and Circular No. 77/2019/TT-BCA issued by the Minister of Public Security.
What responsibilities do units have when implementing this Circular?
Heads of units under the Ministry of Public Security, Directors of Public Security in provinces and centrally-administered cities, and Heads of agencies and units are responsible for organizing the implementation of this Circular.
Toàn văn
CIRCULAR
Regulations on forensic technical examination experts; criteria for appointing the position of forensic technical examination expert and forensic medical examiner in the People's Public Security; announcing organizations and individuals conducting examinations on a case-by-case basis criminal techniques, forensic science in the People's Public Security; announcing the organization, the appraiser according to the casewithin the People's Public Security Force
Pursuant to the Law on Forensic Appraisal dated June 20, 2012, the Law Amending and Supplementing Certain Provisions of the Law on Forensic Appraisal dated June 10, 2020 (the Law on Forensic Appraisal);
Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic 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;
Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
At the proposal of the Director of the Institute of Criminal Science;
The Minister of Public Security issues this Circular regulating forensic technical examination experts; criteria for appointing the position of forensic technical examination expert and forensic medical examiner in the People's Public Security; announcing organizations and individuals conducting examinations on a case-by-case basis in the People's Public Security.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular details the criteria, authority, procedures, and formalities for appointing, dismissing, issuing, and revoking forensic technical examination expert certificates, and the application forms for appointing and issuing forensic technical examination expert certificates, as well as the templates for forensic technical examination expert certificates under the Ministry of Public Security, the Ministry of National Defense, and the Supreme People's Procuracy; the criteria, authority, procedures, and formalities for appointing positions of forensic technical examination experts and forensic medical examiners in the People's Public Security; the criteria, authority, procedures, and formalities for recognizing and publishing lists of organizations and individuals conducting examinations on a case-by-case basis in the People's Public Security.
Article 2. Applicability
1. Agencies, units, and individuals under the Ministry of Public Security, the Ministry of National Defense, and the Supreme People's Procuracy in implementing the appointment, dismissal, issuance, and revocation of forensic technical examination expert certificates, forensic technical examination activities, and agencies, organizations, and individuals related to forensic appraisal activities.
2. Agencies, units, and individuals under the Ministry of Public Security in implementing the appointment of positions of forensic technical examination experts and forensic medical examiners in the People's Public Security; announcing organizations and individuals conducting examinations on a case-by-case basis in the People's Public Security.
Chapter II
REGULATIONS ON FORENSIC TECHNICAL EXAMINATION EXPERTS
Article 3. Forensic Technical Examination Experts
Forensic technical examination experts include:
1. Fingerprint examination expert;
2. Mechanical trace examination expert;
3. Firearms and ammunition examination expert;
4. Document examination expert;
5. Fire and explosion examination expert;
6. Technical examination expert;
7. Sound examination expert;
8. Biological examination expert;
9. Chemical examination expert;
10. Digital and electronic examination expert.
Article 4. Criteria for Forensic Technical Examination Experts
The criteria for forensic technical examination experts under Clause 1, Article 7 of the Law on Forensic Appraisal are specified as follows:
1. An officer in charge of public security affairs, an officer in the People's Army, or a civil servant under the Supreme People's Procuracy;
2. Good health and moral character;
3. Hold a bachelor's degree or higher from the national education system or a bachelor's degree from a foreign higher education institution recognized according to international treaties signed by the Minister of Education and Training or proposed by the competent authority to sign. Specifically:
a) Fingerprint examination expert: belongs to one of the following groups of majors: security and social order; law; computer science and information technology; chemistry; chemical engineering; chemical engineering technology; chemistry education; chemical engineering command; technical engineering command.
b) Mechanical trace examination expert: belongs to one of the following groups of majors: security and social order; law; mechanical engineering and mechanical technology; mechanical engineering technology; computer science and information technology; technical engineering command.
c) Firearms and ammunition examination expert: belongs to one of the following groups of majors: security and social order; law; computer science and information technology; mechanical engineering and mechanical technology; mechanical engineering technology; technical engineering command; engineering command.
d) Document examination expert: belongs to one of the following groups of majors: security and social order; law; Vietnamese language, literature, and culture; foreign language, literature, and culture; computer science and information technology; fine arts; applied fine arts; chemistry; chemical engineering technology; chemistry education; chemical engineering command; printing technology; printing engineering technology; technical engineering command.
đ) Fire and explosion examination expert: belongs to one of the following groups of majors: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; chemistry; chemical engineering technology; chemistry education; fire prevention and firefighting rescue; technical engineering command; engineering command; police engineering.
e) Technical examination expert: belongs to one of the following groups of majors: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; computer science and information technology; mechanical engineering and mechanical technology; mechanical engineering technology; construction engineering; transportation infrastructure engineering; fire prevention and firefighting rescue; technical engineering command; police engineering.
g) Sound examination expert: belongs to one of the following groups of majors: computer science and information technology; electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; Vietnamese language, literature, and culture; foreign language, literature, and culture; linguistics; technical engineering command; police engineering.
h) Biological examination expert: belongs to one of the following groups of majors: biology; applied biology; medicine; medical engineering; biology education; biotechnology.
i) Chemical examiner: belongs to one of the following groups of majors: pharmacy; chemistry; chemical engineering technology; chemical engineering; environmental engineering technology; food technology; chemistry education; geology; chemical engineering command.
k) Digital and electronic examiner: belongs to one of the following groups of majors: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; computer science and information technology; technical command and management; public security engineering.
4. Has directly assisted in forensic examination activities at a criminal technical examination organization in the specialized field for at least three years (excluding time spent on training during working hours) after graduation from a bachelor's degree or higher in the specialized field for which the appointment as an examiner is sought.
5. Holds a certificate of completion of specialized forensic examination training or professional development in the specialized field for which the appointment is sought, issued by the Institute of Forensic Science or a foreign forensic science agency recognized in Vietnam under laws on education and international treaties or agreements signed by the Minister of Education and Training or authorized by a competent authority.
Article 5. Examination Activities in Specialized Fields
Examinations must be conducted by examiners specializing in that field according to professional standards, examination procedures, or scientific, technical, and professional methods. Where multiple examiners from different specialized fields are required for a single case, each examiner must have the appropriate expertise and comply with the professional standards, examination procedures, or scientific, technical, and professional methods applicable to their respective specialized field.
Article 6. Documents for Appointment and Removal of Criminal Technical Examiners
1. The application dossier for the appointment of a criminal technical examiner shall consist of two sets, in addition to the documents stipulated in Article 8 of the Law on Forensic Appraisal, it must also include the following documents:
a) A self-assessment report of the person proposed for appointment as a criminal technical examiner regarding their assistance in forensic examination activities, with comments from the unit where the proposed appointee works.
b) Two color photographs measuring 2cm x 3cm, clear and sharp, with a light blue background, without glasses, wearing spring/summer attire, badge number visible, and headgear in accordance with the regulations of the Public Security Force, People's Army, and the People's Procuratorate.
2. The application dossier for the removal of a criminal technical examiner shall consist of two sets and shall be processed in accordance with the provisions of Clause 2, Article 10 of the Law on Forensic Appraisal.
Article 7. Authority, Procedure, and Formalities for the Appointment and Removal of Criminal Technical Examiners
1. The Institute of Forensic Science is responsible for leading and coordinating with the Department of Legal Reform and Administrative Reform and the Department of Organization and Cadre Affairs to select individuals who meet the criteria for appointment as criminal technical examiners as prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal and Article 4 of this Circular; review cases for the removal of criminal technical examiners as prescribed in Clause 1, Article 10 of the Law on Forensic Appraisal; compile dossiers for the appointment and removal of criminal technical examiners; submit to the Minister of Public Security for decisions on the appointment and removal of criminal technical examiners in specific specialized fields as stipulated in Article 3 of this Circular within the Institute of Forensic Science.
2. The Criminal Investigation Department under the Ministry of National Defense is responsible for selecting individuals who meet the criteria for appointment as criminal technical examiners as prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal and Article 4 of this Circular; reviewing cases for the removal of criminal technical examiners as prescribed in Clause 1, Article 10 of the Law on Forensic Appraisal; reporting to the Minister of National Defense to propose the Minister of Public Security to make decisions on the appointment and removal of criminal technical examiners in specific specialized fields as stipulated in Article 3 of this Circular within the Criminal Technical Examination Department of the Ministry of National Defense; sending the dossier to the Institute of Forensic Science. The Institute of Forensic Science is responsible for leading and coordinating with the Department of Legal Reform and Administrative Reform and the Department of Organization and Cadre Affairs to check and complete the dossier for submission to the Minister of Public Security.
3. The Criminal Technical Examination Department under the Supreme People's Procuracy is responsible for selecting individuals who meet the criteria for appointment as criminal technical examiners as prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal and Article 4 of this Circular; reviewing cases for the removal of criminal technical examiners as prescribed in Clause 1, Article 10 of the Law on Forensic Appraisal; reporting to the Chief Prosecutor of the Supreme People's Procuracy to propose the Minister of Public Security to make decisions on the appointment and removal of criminal technical examiners in specific specialized fields as stipulated in Clauses 7 and 10, Article 3 of this Circular within the Criminal Technical Examination Department of the Supreme People's Procuracy; sending the dossier to the Institute of Forensic Science. The Institute of Forensic Science is responsible for leading and coordinating with the Department of Legal Reform and Administrative Reform and the Department of Organization and Cadre Affairs to check and complete the dossier for submission to the Minister of Public Security.
4. Provincial Public Security Departments are responsible for selecting individuals who meet the criteria for appointment as criminal technical examiners as prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal and Article 4 of this Circular; reviewing cases for the removal of criminal technical examiners as prescribed in Clause 1, Article 10 of the Law on Forensic Appraisal; submitting to the Minister of Public Security for decisions on the appointment and removal of criminal technical examiners in specific specialized fields as stipulated in Article 3 of this Circular within the Criminal Technical Examination Department; sending the dossier to the Institute of Forensic Science. The Institute of Forensic Science is responsible for leading and coordinating with the Department of Legal Reform and Administrative Reform and the Department of Organization and Cadre Affairs to check and complete the dossier for submission to the Minister of Public Security.
5. Within ten working days from the date of appointment or removal of forensic technical examiners, the Institute of Forensic Science under the Ministry of Public Security shall be responsible for assisting the Ministry of Public Security to establish and publish the list of forensic technical examiners on the Ministry of Public Security's electronic portal, and at the same time send it to the Ministry of Justice to establish and adjust the general list of judicial examiners.
The Criminal Investigation Department under the Ministry of National Defense shall be responsible for assisting the Ministry of National Defense to establish and publish the list of forensic technical examiners on the Ministry of National Defense's electronic portal, and at the same time send it to the Ministry of Justice to establish and adjust the general list of judicial examiners.
The Technical Forensic Examination Department under the Supreme People's Procuracy shall be responsible for assisting the Supreme People's Procuracy to establish and publish the list of forensic technical examiners on the Supreme People's Procuracy's electronic portal, and at the same time send it to the Ministry of Justice to establish and adjust the general list of judicial examiners.
Provincial-level public security organs (Technical Investigation Departments) shall be responsible for coordinating with provincial-level Departments of Justice to assist the People's Committees of provinces in establishing and publishing the list of forensic technical examiners on the People's Committee of the province's electronic portal.
6. Decisions on the appointment and removal of forensic technical examiners under the Institute of Forensic Science of the Ministry of Public Security and the Technical Investigation Departments of provincial-level public security organs shall be made according to form number 01/KTHS issued together with this Circular.
Decisions on the appointment and removal of forensic technical examiners under the Criminal Investigation Department of the Ministry of National Defense shall be made according to form number 02/KTHS issued together with this Circular.
Decisions on the appointment and removal of forensic technical examiners under the Technical Forensic Examination Department of the Supreme People's Procuracy shall be made according to form number 03/KTHS issued together with this Circular.
7. A person proposed for appointment as a forensic technical examiner may be appointed in multiple specialties as provided for in Article 3 of this Circular when they meet all conditions and standards prescribed in Clause 1, Article 7 of the Law on Judicial Appraisal and Article 4 of this Circular.
Article 8. Forensic Technical Examiner Card
1. The forensic technical judicial examiner card is a type of official document issued by the Ministry of Public Security according to a model prescribed by the Ministry of Justice to be issued to forensic technical judicial examiners nationwide.
2. The model of the forensic technical examiner card shall be implemented in accordance with the provisions of Article 4 of Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Minister of Justice on the models, procedures, and formalities for issuing new cards and reissuing judicial examiner cards (hereinafter referred to as Circular No. 11/2020/TT-BTP). For point h, Clause 3, Article 4 of Circular No. 11/2020/TT-BTP, additional specialties shall be added based on the appointment decision.
Article 9. Competence, Procedures, and Formalities for Issuing, Reissuing, and Revoking the Forensic Technical Examiner Card
1. The procedures and formalities for issuing new and reissuing forensic technical examiner cards shall be carried out in accordance with the provisions of Circular No. 11/2020/TT-BTP.
2. The Minister of Public Security has the authority to issue, reissue, and revoke the Forensic Technical Examiner Card for all forensic technical judicial examiners.
3. The Institute of Forensic Science under the Ministry of Public Security shall be responsible for assisting the Minister of Public Security in the issuance, reissuance, and revocation of the Forensic Technical Examiner Card. Provincial-level public security organs, the Criminal Investigation Department under the Ministry of National Defense, and the Technical Forensic Examination Department under the Supreme People's Procuracy shall be responsible for coordinating with the Institute of Forensic Science under the Ministry of Public Security in the issuance, reissuance, and revocation of the Forensic Technical Examiner Card for examiners within their jurisdiction.
4. A forensic technical examiner who has been appointed in a second specialty or more and has already received an initial card shall have the card reissued to supplement the specialty in forensic examination. The number of the forensic examiner card shall be taken from the number of the initial card issued.
Article 10. Archiving Records
The Institute of Criminal Science, the Criminal Investigation Department under the Ministry of National Defense, the Technical Criminal Investigation Examination Room of the Supreme People's Procuracy, and the Criminal Technical Investigation Room of the provincial police shall be responsible for archiving records of officers proposed for appointment, removal, issuance, reissuance, or revocation of identification cards for forensic experts at their units.
Chapter III
PROVISIONS ON THE TITLE OF FORENSIC EXPERT IN THE FIELD OF CRIMINAL TECHNICAL INVESTIGATION AND LEGAL MEDICINE IN THE PEOPLE'S POLICE
Article 11. General Conditions for Considering the Title of Forensic Expert in the Field of Criminal Technical Investigation and Legal Medicine in the People's Police
1. Adhere to the provisions of the Law on Judicial Appraisal and other relevant legal documents.
2. Be well-versed in the Party's guidelines, policies, and state laws, as well as directives and resolutions of the relevant sector related to assigned responsibilities and tasks.
3. Possess professional knowledge of the People's Police, with a deep understanding of forensic appraisal work.
4. Graduated from police schools, or if studying outside the police system, must undergo professional training at police schools according to regulations of the Ministry of Public Security.
5. Meet the standards for political theory qualifications as stipulated by the Ministry of Public Security.
6. Officers who are currently serving disciplinary actions or under consideration for disciplinary actions shall not be considered for appointment.
Article 12. Standards for the Title of Junior Forensic Expert in the Field of Criminal Technical Investigation and Legal Medicine in the People's Police (hereinafter referred to as Junior Forensic Expert)
1. Meet the conditions set forth in Article 11 of this Circular.
2. Have a decision on appointment as a forensic expert issued by the competent authority.
Article 13. Standards for the Title of Intermediate Forensic Expert in the Field of Criminal Technical Investigation and Legal Medicine in the People's Police (hereinafter referred to as Intermediate Forensic Expert)
1. Meet the conditions set forth in Article 11 of this Circular.
2. Have been appointed as a Junior Forensic Expert for eight years or more. In cases where they have not been appointed as a Junior Forensic Expert, they must have worked as a forensic expert for eight years or more.
3. Hold a certificate of completion of training or refresher courses in intermediate forensic expert skills in their specialized field, issued by the Director of the Institute of Criminal Science, Ministry of Public Security.
4. Have completed the summary of several topics within the assigned field related to their responsibilities and tasks, aiming to distill experience, improve management methods, and enhance work efficiency.
Article 14. Standards for the Title of Senior Forensic Expert in the Field of Criminal Technical Investigation and Legal Medicine in the People's Police (hereinafter referred to as Senior Forensic Expert)
1. Meet the conditions set forth in Article 11 of this Circular.
2. Have been appointed as an Intermediate Forensic Expert for eight years or more. In cases where they have not been appointed as an Intermediate Forensic Expert, they must have worked as a forensic expert for sixteen years or more.
3. Hold a master's degree or equivalent in the specialized fields for which they are appointed as forensic experts.
4. Hold a certificate of completion of training or refresher courses in senior forensic expert skills in their specialized field, issued by the Director of the Institute of Criminal Science, Ministry of Public Security.
5. Have completed the summary of several topics within the assigned field, participated in research on scientific projects at the grassroots level or higher related to their responsibilities and tasks, aiming to distill experience, improve management methods, and enhance work efficiency.
Article 15. Authority, Procedures, and Formalities for Appointment of Titles
1. The Minister of Public Security appoints the title of Senior Forensic Expert for forensic experts in criminal technical investigation and legal medicine in the People's Police. The Institute of Criminal Science is responsible for coordinating with the Personnel Organization Department to assist the Minister of Public Security in compiling the application dossier for the appointment of the title of Senior Forensic Expert belonging to the Institute of Criminal Science and provincial police.
2. The Director of the Institute of Criminal Science appoints the titles of Intermediate Forensic Expert and Junior Forensic Expert for forensic experts under the Institute of Criminal Science. The Provincial Police Chief appoints the titles of Intermediate Forensic Expert and Junior Forensic Expert for forensic experts under the Provincial Criminal Technical Investigation Room.
3. The application dossier for the appointment of titles includes the following documents:
a) A letter proposing the appointment from the direct managing unit of the officer being proposed for the title.
b) A decision on the appointment of a forensic expert for the title of forensic expert.
c) A confirmation letter of working time and directly performing forensic work.
d) Other documents as stipulated in Articles 11, 12, 13, and 14 of this Circular.
Article 16. Removal from Office
When an expert no longer meets the conditions stipulated in Articles 11, 12, 13, and 14 of this Circular, the competent authority as prescribed in Article 15 shall issue a decision to remove them from their respective office.
Chapter IV
ANNOUNCEMENT OF ORGANIZATIONS AND EXPERTS IN CRIMINAL CASES WITHIN THE PEOPLE'S POLICE
Article 17. Criteria for Announcing Organizations and Experts in Criminal Cases within the People's Police
1. Organizations and experts in criminal cases within the People's Police must meet the conditions stipulated in Articles 18 and 19 of the Law on Forensic Appraisal.
2. Judicial appraisal organizations and experts in criminal cases may only be proposed for announcement when they conduct appraisals in accordance with the functions and tasks assigned by the Minister of Public Security.
3. The announcement of organizations and experts in judicial appraisals in criminal cases does not apply to public forensic appraisal fields within the People's Police.
Article 18. Authority, Procedure, and Formalities for Announcing Organizations and Experts in Judicial Appraisals in Criminal Cases within the People's Police
1. Units under the Ministry of Public Security, based on the practical needs of litigation activities and the functions and tasks assigned to them, shall prepare files and select organizations and individuals who meet the criteria stipulated in Articles 18 and 19 of the Law on Forensic Appraisal, coordinate with the Institute of Criminal Science, and submit to the Minister of Public Security for a decision to announce organizations and experts in judicial appraisals in criminal cases.
2. Units under the Ministry that have organizations and experts in judicial appraisals in criminal cases, as decided by the Minister of Public Security, shall be responsible for assisting the Ministry of Public Security in establishing and posting the list on the Ministry’s electronic portal, while also sending it to the Ministry of Justice to establish and adjust the general list of organizations and experts in judicial appraisals in criminal cases, and send it to the Institute of Criminal Science to serve as the central point for monitoring judicial appraisal work.
Article 19. Application Files for Announcing Organizations and Experts in Judicial Appraisals in Criminal Cases within the People's Police
Application files for announcing organizations and experts in judicial appraisals in criminal cases within the People's Police shall be made in two copies, including the following documents:
1. A proposal document from the managing unit for the organization or individual applying for announcement as an expert in judicial appraisals in criminal cases.
2. A self-assessment report of the individual applying for announcement as an expert in judicial appraisals in criminal cases during their professional activity period, with comments from the unit where the applicant works (for individuals applying for announcement).
Article 20. Revocation of Announcement of Organizations and Experts in Judicial Appraisals in Criminal Cases
1. When no longer meeting the conditions stipulated in Articles 18 and 19 of the Law on Forensic Appraisal, units with organizations and experts in judicial appraisals in criminal cases shall coordinate with the Institute of Criminal Science and submit to the Minister of Public Security for a decision to revoke the announcement of such organizations and experts.
2. Units with organizations and experts in judicial appraisals in criminal cases shall be responsible for proposing revocation on the Ministry of Public Security’s electronic portal, while also sending it to the Ministry of Justice to establish and adjust the general list of organizations and experts in judicial appraisals in criminal cases, and send it to the Institute of Criminal Science to serve as the central point for monitoring judicial appraisal work.
Chapter V
IMPLEMENTING PROVISIONS
Article 21. Effective Date
1. This Circular takes effect from October 27, 2022.
2. This Circular replaces Circular No. 33/2014/TT-BCA dated August 5, 2014, issued by the Minister of Public Security detailing standards, procedures, and formalities for appointing and removing forensic technical crime experts, and Circular No. 77/2019/TT-BCA dated December 23, 2019, issued by the Minister of Public Security amending and supplementing certain provisions of Circular No. 33/2014/TT-BCA.
Article 22. Transitional provisions
1. For forensic technical crime experts appointed before the effective date of this Circular and not subject to removal as stipulated in Article 10 of the Law on Forensic Appraisal, they shall continue to implement the appointment decision according to the regulations. In cases where an expert has been appointed but the specialty is not clearly specified, the procedure and file shall be conducted according to this Circular to reappoint them according to the correct specialty. For individuals proposed for appointment as forensic technical crime experts with a bachelor's degree or higher obtained according to regulations prior to Circular No. 24/2017/TT-BGDĐT dated October 10, 2017, issued by the Ministry of Education and Training on the list of education and training at the fourth level of bachelor's degree, and Circular No. 25/2017/TT-BGDĐT dated October 10, 2017, issued by the Ministry of Education and Training on the list of education and training at the fourth level of master's and doctoral degrees, which became effective, shall be applied according to the previous regulations.
2. The Institute of Criminal Science shall be responsible for reviewing cases of removal as stipulated in Article 10 of the Law on Forensic Appraisal before the effective date of this Circular and report to the Minister to issue a decision to remove forensic technical crime experts belonging to the Institute of Criminal Science and the Technical Crime Investigation Department of the Ministry of National Defense.
Provincial Public Security Departments shall be responsible for reviewing cases of removal as stipulated in Article 10 of the Law on Forensic Appraisal before the effective date of this Circular and report to the Chairman of the Provincial People's Committee to issue a decision to remove forensic technical crime experts belonging to the Technical Crime Investigation Department.
The Institute of Criminal Science and Provincial Public Security Departments shall be responsible for reviewing forensic technical crime experts who were previously issued cards according to previous regulations, proceed to collect, destroy, and complete the necessary reporting procedures for the Minister to issue new expert cards according to this Circular.
5. For organizations and experts in judicial appraisals in criminal cases announced before the effective date of this Circular, there is no need to prepare files according to this Circular and they shall continue to operate according to the Law on Forensic Appraisal.
Article 23. Responsibility for Implementation
1. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security departments, and heads of agencies, units, and individuals related to forensic appraisal activities within their functional and task scope shall be responsible for organizing the implementation of this Circular.
2. The Cadre Organization Department shall be responsible for coordinating with the Institute of Criminal Science to guide the highest rank for the position of forensic examiner according to the types specified in this Circular, ensuring the treatment and preferential policies as stipulated in point d, Clause 1, Article 27 of Decree No. 157/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles 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.
3. The Institute of Criminal Science shall be responsible for organizing guidance, inspection, and urging the implementation of this Circular in accordance with its assigned functions and tasks.
4. In the course of implementing this Circular, if there are any difficulties, local public security units shall report to the Ministry of Public Security (through the Institute of Criminal Science) for timely guidance./.
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