Thông tư số 42/2015/TT-BYT Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Trung tâm Pháp y tỉnh, thành phố trực thuộc Trung ương

CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the Forensic Medical Center of the province, centrally governed cityg

_______________________

Pursuant to DecreeNo. Decision No. 63/2012/NĐ-CP dated August 31, 2012 of the Government detailing the functions, tasks, and regulations"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ Quy định chức năng, nhiệm vụ, quy định chi tiết và biện pháp thi hành Luật giám định tư pháp;onof the State Treasury;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP transmission within the scope of payment of the health insurance fund.

Pursuant to DecreeNo. Decision No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and implementing measures for the Law on Judicial Appraisal;

At the proposal of the Director of the Cadre and Civil Servant Organization Department of the Ministry of Health;

The Minister of Health issues this Circular to guide the functions, tasks, powers, and organizational structure of the Forensic Medical Center of the province, centrally governed city.No. under the central government.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the functions, tasks, powers, and organizational structure of the Forensic Medical Center of the province, centrally governed city (referred to as the Provincial Forensic Medical Center).

Article 2. Legal Status

The Provincial Forensic Medical Center is a public health service unit under the provincial Department of Health, having legal personality, its own office, seal, and separate bank account opened at the State Treasury and Bank in accordance with the law.

Chapter II

FUNCTIONS, TASKS, POWERS OF THE CENTER

Article 3. Functions

The Provincial Forensic Medical Center has the function of organizing and conducting forensic medical examinations within the province; researching science and participating in training and retraining in the field of forensic medicine.

Article 4. Tasks

1. Conducting forensic medical examination work within the province including:

a) Examining and re-examining bodily injuries caused by trauma and other causes;

b) Examining the violation of the body for litigation purposes and determining gender;

c) Examining and re-examining corpses, bones. Participating in examining cases of death due to natural disasters and calamities both domestically and internationally according to the directives of the Ministry of Health and competent authorities;

d) Examining and re-examining based on case files;

đ) Other examination cases as prescribed by law and requested by judicial proceedings agencies;

e) Conducting forensic medical examinations upon request as prescribed by law.

2. Participating in activities as prescribed by law including:

a) Participating in the Execution Committee for Capital Punishment;

b) Determining brain death for organ donation and transplantation in accordance with the law.

3. Researching and participating in research on the application of scientific and technological advancements in forensic medicine.

4. Participating in training and retraining in professional and technical fields related to forensic medicine. Serving as a practical base for healthcare training institutions in the province and at the central level in the field of forensic medical examination.

5. Providing healthcare services when meeting the necessary conditions and being permitted by the competent state authority in accordance with the law.

6. Managing staff, workers, and financial assets of the unit in accordance with the law.

7. Implementing information reporting and statistical reporting to the Department of Health, Department of Justice, and National Forensic Medicine Institute regarding forensic medical examination activities, proposing measures to improve efficiency in forensic medical activities within the province.

8. Managing and organizing the implementation of national health programs and international cooperation projects in the field of forensic medicine within the province when assigned and approved by the competent authority.

9. Performing other tasks assigned by the Provincial People's Committee, Department of Health, and other competent state authorities.

Article 5. Powers and Duties

1. Has the right to request collaboration, support in professional matters, and the use of equipment from healthcare facilities within the province to conduct forensic medical examinations as prescribed by law.

2. Has the right to invite experts and examiners for specific cases and utilize specialized conclusions during the forensic medical examination process.

3. Has the right to request the person requesting the examination to provide necessary information and materials during the forensic medical examination process.

4. Has the right to refuse to conduct a forensic medical examination if there are insufficient necessary conditions to serve the examination.

5. Is entitled to receive advance payment for judicial appraisal costs upon receiving requests for forensic medical examinations; timely and full payment of forensic medical examination costs when delivering the examination results.

Article 6. Relationship of the Provincial Legal Medicine Center with relevant agencies

1. The Provincial Legal Medicine Center shall be subject to comprehensive and direct guidance and management by the Provincial Department of Health regarding organization, operation, and resources.

2. The Provincial Legal Medicine Center shall be subject to professional and technical guidance, inspection, supervision, and instruction by the Ministry of Health and the National Legal Medicine Institute.

3. The Provincial Legal Medicine Center shall be subject to state administration by the Provincial Department of Justice concerning judicial appraisal work, including guidance, direction, inspection, and compliance with laws on judicial appraisal.

Chapter III

ORGANIZATIONAL STRUCTURE AND NUMBER OF STAFF

OF THE CENTER

Article 7. Leadership of the Center

1. The Provincial Legal Medicine Center shall have a Director and not more than two Deputy Directors. The Director and Deputy Directors responsible for professional matters related to appraisal must be legal medicine appraisers.

2. The Director of the Provincial Legal Medicine Center shall be accountable to the Director of the Provincial Department of Health and to the law for all activities of the Center; the Deputy Director of the Provincial Legal Medicine Center shall be accountable to the Center's Director and to the law for the tasks assigned.

3. The appointment and removal of the Director and Deputy Directors of the Provincial Legal Medicine Center shall be carried out in accordance with the provisions of the law and the classification of civil servant and public official management authority of the provincial People's Committee.

Article 8. Functional Departments and Specialized Sections

1. Departments:

a) Organization - Administrative - Management Department;

b) Planning and Finance Department.

2. Specialized Sections:

a) Appraisal Section;

b) Pathological Anatomy Section;

c) Laboratory - Diagnostic Imaging Section.

Based on the actual situation of the locality, the Center Director may propose to the Provincial Department of Health to consider establishing additional sections or departments such as DNA Testing Section, Chemical Analysis Section, or other necessary sections or departments when there is a need and sufficient conditions according to the law.

3. The functions and responsibilities of the departments and sections under the Provincial Legal Medicine Center shall be defined by the Center Director in accordance with the guidelines attached to this Circular.

Article 9. Positions and Number of Staff

The occupational titles, number of staff, and personnel structure by occupational titles of the Provincial Legal Medicine Center shall be determined based on the Position Establishment Plan or the Adjusted Position Establishment Plan of the Center, which has been reviewed and approved by the competent state agency in accordance with the law.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 10. Effective Date

This Circular shall take effect from January 5, 2016.

Article 11. Responsibility for Implementation

1. The Personnel Organization Department of the Ministry of Health shall coordinate with the Medical Examination and Treatment Administration and the National Legal Medicine Institute to guide and inspect the implementation of this Circular.

2. Departments of Health of provinces and centrally governed cities shall be responsible for:

a) In accordance with the provisions of this Circular, guide the Provincial Legal Medicine Centers to establish their functions, duties, powers, and organizational structures to be submitted for approval by the provincial People's Committees;

b) Develop a Comprehensive Development Plan for Provincial Legal Medicine Centers to be submitted for approval by the competent authority as a basis for investment in equipment and infrastructure to ensure effective forensic appraisal work in the province to meet the needs of judicial proceedings agencies.

3. The Provincial Legal Medicine Centers and related agencies and individuals shall be responsible for implementing this Circular.

During the implementation process, if any issues arise or difficulties occur, the provinces and centrally-administered cities shall promptly report in writing to the Ministry of Health (through the Personnel Organization Department) for consideration and resolution within their jurisdiction./.