Circular No. 33/2014/TT-BCA detailing standards, procedures, and processes for appointing and relieving criminal technical identification officers

CIRCULAR

Regulations on detailed standards, procedures, and processes for appointing and dismissing criminal technical identification experts

criminal technical identification experts

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Pursuant to the Law on Forensic Examination 2012;

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

Based on Decree No. 77/2009/ND-CP dated September 15, 2009, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; Decree No. 21/2014/ND-CP dated March 25, 2014, of the Government amending and supplementing Article 3 of Decree No. 77/2009/ND-CP dated September 15, 2009;

At the proposal of the Director General of the Criminal Police Investigation Agency,

After reaching consensus with the Minister of Justice, the Minister of National Defense,

The Minister of Public Security issues this Circular detailing the standards, procedures, and processes for appointing and dismissing criminal technical identification experts.

Article 1. Scope of Regulation

This Circular specifies detailed standards, procedures, and processes for appointing and dismissing criminal technical identification experts and the application forms for appointing criminal technical identification experts.

Article 2. Applicability

This Circular applies to agencies, units, and individuals under the Ministry of Public Security, the Ministry of National Defense, provincial and centrally-administered city People's Committees in implementing the appointment and dismissal of criminal technical identification experts, and organizations, agencies, and individuals related to forensic identification activities.

Article 3. Forensic Technical Examination Experts

Forensic technical examination experts include:

1. Fingerprint identification expert.

2. Mechanical trace identification expert.

3. Firearm and ammunition identification expert.

4. Document identification expert.

5. Fire and explosion identification expert.

6. Technical identification expert.

7. Sound identification expert.

8. Biological identification expert.

9. Chemical identification expert.

10. Digital and electronic examination expert.

Article 4. Criteria for Forensic Technical Examination Experts

The criteria for criminal technical identification experts as stipulated in Clause 1, Article 7 of the 2012 Forensic Identification Law are specified as follows:

1. Being a police officer or a People's Army officer on active duty;

2. Good health and moral character;

3. Having a bachelor's degree or higher and having directly assisted in forensic identification activities in the specialized field they were trained in for at least three years, specifically:

a) Fingerprint identification expert: having a bachelor's degree or higher in one of the following fields: security and social order, law, computer science and information technology, chemistry, chemical engineering, chemical technology, chemical engineering technology, chemistry education, chemical command and control, information command and control;

b) Mechanical trace identification expert: having a bachelor's degree or higher in one of the following fields: security and social order, law, mechanical engineering technology, mechanical engineering and mechanics, computer science and information technology, information command and control;

c) Firearm and ammunition identification expert: having a bachelor's degree or higher in one of the following fields: security and social order, law, computer science and information technology, mechanical engineering, mechanical engineering technology, command and control, information command and control;

d) Document identification expert: having a bachelor's degree or higher in one of the following fields: security and social order, law, Vietnamese language and culture, foreign languages and cultures, computer science and information technology, fine arts, applied fine arts, chemistry, chemical engineering, chemical engineering technology, chemistry education, chemical command and control, photography, information command and control;

đ) Fire and explosion identification expert: having a bachelor's degree or higher in one of the following fields: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; chemistry; fire prevention and rescue, command and control, engineering command and control, chemical command and control;

e) Technical identification expert: having a bachelor's degree or higher in one of the following fields: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; computer science and information technology, mechanical engineering and mechanics, fire prevention and rescue, command and control, information command and control;

g) Sound identification expert: having a bachelor's degree or higher in one of the following fields: computer science and information technology; electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; Vietnamese language and culture, linguistics, information command and control;

h) Biological identification expert: having a bachelor's degree or higher in one of the following fields: biology, applied biology, medicine, health services, biology education;

i) Chemical identification expert: having a bachelor's degree or higher in one of the following fields: pharmacy, chemistry, chemical engineering, chemical engineering technology, environmental engineering technology, food engineering technology, chemistry education, geology, chemical command and control;

k) Digital and electronic technical identification expert: having a bachelor's degree or higher in one of the following fields: electrical, electronics, and telecommunications engineering technology; electrical, electronics, and telecommunications engineering; computer science and information technology, information command and control.

4. Holding a certificate of training or professional development in forensic identification in the specialized field being nominated for appointment issued by the Institute of Forensic Science or a foreign forensic science agency recognized in Vietnam according to the provisions of the law on education and international treaties to which the Socialist Republic of Vietnam is a signatory or member.

Article 5. Competence, procedure, and process for appointing and dismissing forensic technical examiners

1. The Institute of Forensic Science shall take the lead and coordinate with the Political Department, Logistics Service of the Police Force for Preventing and Combating Crime, and the Strategic Service of the Police Force for Preventing and Combating Crime to select individuals who meet the criteria for appointment as forensic technical examiners as stipulated in Clause 1, Article 7 of the 2012 Law on Judicial Appraisal and Article 4 of this Circular; review cases of dismissal of forensic technical examiners as stipulated in Clause 1, Article 10 of the 2012 Law on Judicial Appraisal; compile files for the appointment and dismissal of forensic technical examiners, and submit them to the Director of the National Police Agency for Preventing and Combating Crime to report to the Minister of Public Security for decisions on the appointment and dismissal of forensic technical examiners under the Institute of Forensic Science.

2. The Criminal Investigation Department of the Ministry of National Defense shall be responsible for selecting individuals who meet the criteria for appointment as forensic technical examiners as stipulated in Clause 1, Article 7 of the 2012 Law on Judicial Appraisal and Article 4 of this Circular; review cases of dismissal of forensic technical examiners as stipulated in Clause 1, Article 10 of the 2012 Law on Judicial Appraisal; report to the Minister of National Defense to request the Minister of Public Security to issue decisions on the appointment and dismissal of forensic technical examiners under the Technical Investigation Room of the Criminal Investigation Department of the Ministry of National Defense; send the files through the National Police Agency for Preventing and Combating Crime (Institute of Forensic Science). The Institute of Forensic Science shall be responsible for assisting the Director of the National Police Agency for Preventing and Combating Crime in checking and completing the files to report to the Minister of Public Security.

3. Provincial-level public security organs (referred to collectively as provincial-level public security organs) shall take the lead and coordinate with the Department of Justice to select individuals who meet the criteria for appointment as forensic technical examiners as stipulated in Clause 1, Article 7 of the 2012 Law on Judicial Appraisal and Article 4 of this Circular; review cases of dismissal of forensic technical examiners as stipulated in Clause 1, Article 10 of the 2012 Law on Judicial Appraisal; establish files and report to the Chairman of the People's Committee at the provincial level for decisions on the appointment and dismissal of forensic technical examiners under the Technical Investigation Room of the provincial-level public security organs.

4. Within ten working days from the date of appointment or dismissal of forensic technical examiners, the Ministry of Public Security and the People's Committees at the provincial level shall be responsible for establishing and publishing lists of appointments and dismissals of forensic technical examiners on their respective electronic information portals.

The National Police Agency for Preventing and Combating Crime (Institute of Forensic Science) shall be responsible for assisting the Ministry of Public Security in establishing and publishing lists of forensic examiners on the Ministry of Public Security's electronic information portal, and simultaneously sending them to the Ministry of Justice to establish and adjust the general list of judicial appraisers.

Provincial-level public security organs (Technical Investigation Rooms) shall be responsible for assisting the People's Committees at the provincial level in establishing and publishing lists of forensic examiners on the People's Committees' electronic information portals at the provincial level, and simultaneously sending them to the Ministry of Justice to establish and adjust the general list of judicial appraisers.

5. Decisions on the appointment and dismissal of forensic technical examiners under the Institute of Forensic Science of the Ministry of Public Security shall be made according to form number 01a/KTHS, 01b/KTHS issued together with this Circular.

Decisions on the appointment and dismissal of forensic technical examiners under the Criminal Investigation Department of the Ministry of National Defense shall be made according to form number 02a/KTHS, 02b/KTHS issued together with this Circular.

Decisions on the appointment and dismissal of forensic technical examiners under the Technical Investigation Room of the provincial-level public security organs shall be made according to form number 03a/KTHS, 03b/KTHS issued together with this Circular.

Article 6. Documents for Appointment and Removal of Criminal Technical Examiners

1. The file for requesting the appointment of forensic technical examiners shall be prepared in two copies, in addition to the documents prescribed in Article 8 of the 2012 Law on Judicial Appraisal, it must also include the following documents:

a) A proposal document from the head of the room or center or branch where the person proposed for appointment works;

b) An individual self-assessment report of the person proposed for appointment as a forensic examiner during their time assisting in forensic activities, with comments from the room, center, or branch where the person proposed for appointment works;

c) Two color photographs measuring 2cm x 3cm.

2. The file for requesting the dismissal of forensic technical examiners shall be prepared in two copies and shall be implemented according to the provisions of Clause 2, Article 10 of the 2012 Law on Judicial Appraisal.

Article 7. Criminal Technical Appraiser Card

1. The Criminal Technical Appraiser Card is a type of official document issued by the Ministry of Public Security to be granted to criminal technical appraisers nationwide.

2. The Criminal Technical Appraiser Card follows Form No. 04/KTHS attached hereto, specifically as follows:

The card is rectangular, measuring 09cm in length and 6.5cm in width, laminated with plastic film. At the lower left corner inside the laminate, there is a protective inscription "KTHS" in size 6 font.

Front side: Decorated with a fan-shaped pattern in light yellow color. On the left side, there is a color photo measuring 2cm x 3cm, stamped with a seal (at the bottom right quarter of the photo). To the left are the following lines from top to bottom: "SOCIALIST REPUBLIC OF VIET NAM; Independence - Freedom - Happiness" in size 6 font - CRIMINAL TECHNICAL APPRAISER CARD (bold red font) in size 8 font - number; full name; date of birth; appointment date; appraisal specialty; workplace in size 8 font; issuing authority; date of issue; signature and stamp of the authorized person in size 6 font.

Back side: Red background with a golden border strip 0.3cm wide around all four sides, featuring the National Emblem embossed in the center with a diameter of 2.5cm. Above the National Emblem is the inscription "SOCIALIST REPUBLIC OF VIET NAM", below the National Emblem is the inscription "CRIMINAL TECHNICAL APPRAISER CARD" in golden font, size 10 font.

Article 8. Authority, Procedures, and Formalities for Issuing, Reissuing, and Revoking the Criminal Technical Appraiser Card

1. Authority to Issue, Reissue, and Revoke the Criminal Technical Appraiser Card:

a) The Director of the Criminal Police Department has the authority to issue, reissue, and revoke the Criminal Technical Appraiser Card for criminal technical appraisers under the Institute of Forensic Science and the Technical Investigation Department of the Criminal Investigation Bureau of the Ministry of Defense. The Institute of Forensic Science is responsible for assisting the Director of the Criminal Police Department in issuing, reissuing, and revoking the Criminal Technical Appraiser Card.

b) The Provincial Public Security Director has the authority to issue, reissue, and revoke the Criminal Technical Appraiser Card for criminal technical appraisers under the Provincial Public Security Technical Investigation Departments within their jurisdiction. The Provincial Public Security Technical Investigation Department is responsible for assisting the Provincial Public Security Director in issuing, reissuing, and revoking the Criminal Technical Appraiser Card.

2. Within fifteen days from the date of receiving the decision appointing a criminal technical appraiser, the Director of the Criminal Police Department and the Provincial Public Security Director shall be responsible for issuing the card to the appointed criminal technical appraiser.

A criminal technical appraiser who is issued a Criminal Technical Appraiser Card may only use the card for criminal technical appraisal activities and not for other purposes; it is strictly prohibited to repair, lend, or retain the card when no longer authorized to use it; if lost, it must be reported immediately to the Head of the unit; violations will be subject to disciplinary action depending on the severity.

3. The Director of the Criminal Police Department and the Provincial Public Security Director shall reissue the Criminal Technical Appraiser Card in cases where the Criminal Technical Appraiser Card is lost, damaged, or deteriorated (torn, dirty, faded...), making it unusable; or when there is a change in information recorded in the Criminal Technical Appraiser Card as stipulated in Clause 2 of Article 7 of this Circular. The application dossier for reissuing the Criminal Technical Appraiser Card includes:

a) An application for reissuing the Criminal Technical Appraiser Card by the criminal technical appraiser;

b) Confirmation by the Head of the managing unit of the criminal technical appraiser regarding the condition of the Criminal Technical Appraiser Card of the applicant;

c) A copy of the Decision appointing the forensic technical examiner;

d) Two color photos measuring 2cm x 3cm.

4. The Criminal Police Department and the Provincial Public Security shall revoke the Criminal Technical Appraiser Card of a criminal technical appraiser who has been relieved of duty within fifteen days from the date the decision relieving the criminal technical appraiser of duty takes effect.

Article 9. Effective Date

This Circular takes effect from September 22, 2014.

Article 10. Transitional Provisions

1. For criminal technical appraisers appointed before the effective date of this Circular whose major studied does not match the current appraisal specialty or who have not yet attained a bachelor's degree according to the provisions of Clause 3 of Article 4 of this Circular, they may continue to perform appraisal work (without needing to be reappointed or relieved of duty) but must complete training within five years from the effective date of this Circular to meet the standards of a criminal technical appraiser.

2. For those who meet the criteria of a criminal technical appraiser as stipulated in the Law on Judicial Appraisal 2012 and this Circular, who were appointed as criminal technical appraisers before the effective date of this Circular but whose appointment decisions did not clearly specify the specialty as required by Clause 3 of Article 4 of this Circular, a new appointment decision must be issued to align with the criminal technical appraisal specialty.

Article 11. Responsibility for Implementation

1. The Heads of the General Departments, Heads of units directly under the Ministry of Public Security; Provincial Public Security Directors, Fire Prevention and Fighting Directors of centrally-administered cities and Heads of relevant agencies and units within their functional and task scope are responsible for organizing the implementation of this Circular.

2. The Criminal Police Department is responsible for coordinating with related units to monitor, inspect, and guide the implementation of this Circular.

3. During the implementation of this Circular, any issues encountered should be reported by public security units, localities, and relevant organizations and individuals to the Ministry of Public Security (through the Criminal Police Department) for timely guidance./.