Circular No. 42/2024/TT-BYT stipulates the procedures, file components, forms, deadlines, human resources for implementation, and file retention regulations for forensic medical examinations issued by the Minister of Health.

CIRCULAR

REGULATIONS ON PROCEDURES, DOCUMENT COMPONENTS, FORMS, TIME LIMITS, STAFF IMPLEMENTATION, AND RECORD KEEPING OF FORENSIC MEDICAL EXAMINATIONS

Pursuant to the Law on Forensic Expertise dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Expertise dated June 10, 2020;

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 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;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 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 Medical Examination and Treatment;

The Minister of Health issues this Circular stipulating procedures, document components, forms, time limits, staff implementation, and record keeping of forensic medical examinations.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Procedures for forensic medical examinations.

2. Document components for forensic medical examinations.

3. Forms for forensic medical examinations.

4. Time limits for forensic medical examinations.

5. Staff implementing forensic medical examinations.

6. Record keeping of forensic medical examination documents.

Article 2. Procedures for forensic medical examinations

The procedures for forensic medical examinations consist of thirty-seven (37) procedures specified in Appendix I attached hereto.

Article 3. Document components for forensic medical examinations

1. The document components for forensic medical examinations shall be implemented in accordance with Clause 1 of Article 33 of the Law on Forensic Appraisal.

2. Detailed forms within each type of examination document shall be implemented in accordance with Article 4 of this Circular.

Article 4. Forms for forensic medical examinations

1. Eighteen (18) forms recording the process of conducting forensic medical examinations as specified in Appendix II attached hereto.

2. Thirty-six (36) conclusion forms for forensic medical examinations as specified in Appendix III attached hereto.

3. Nine (09) other forms used in forensic medical examinations as specified in Appendix IV attached hereto.

Article 5. Time limits for forensic medical examinations

1. In cases where forensic examinations are mandatory as provided for in the Criminal Procedure Code.

2. For other cases, they shall be carried out as follows:

a) In cases of forensic examinations for sexual assault, determination of gender: not exceeding nine (09) days; if DNA testing or consultation is required, it shall not exceed twenty (20) days;

b) In cases of forensic examinations for torture, pregnancy, male sexual capacity: not exceeding nine (09) days; if consultation is required, it shall not exceed twenty (20) days;

c) In cases of DNA testing (excluding those specified in point a of this clause), toxicology, histopathology: not exceeding twenty (20) days; if consultation is required, it shall not exceed one month;

d) For cases not covered by points a, b, and c of this clause: the time limit for forensic examinations shall be implemented in accordance with Clause 3 of Article 26a of the Law Amending and Supplementing Certain Provisions of the Law on Forensic Appraisal.

Article 6. Staff implementing forensic medical examinations

1. Personnel conducting forensic medical examinations include:

a) Forensic medical examiners;

b) Assistants to forensic medical examiners.

2. The number of personnel conducting forensic examinations:

a) Initial examination: two (02) forensic medical examiners and two (02) assistants;

b) Re-examination: three (03) forensic medical examiners and two (02) to three (03) assistants;

c) Second re-examination or re-examination in special cases: at least three (03) forensic medical examiners and three (03) assistants.

Article 7. Record keeping of forensic medical examination documents

1. Documents for forensic medical examinations to be archived are completed examination documents; Within thirty (30) days from the completion of the examination, the examiner is responsible for transferring the documents for archiving and storage in accordance with regulations.

2. Archiving and storing forensic medical examination documents shall be carried out in accordance with the laws on archiving.

3. The retention period for forensic medical examination documents shall be implemented in accordance with Item 23 of Group 01 of Circular No. 53/2017/TT-BYT dated December 29, 2017 of the Minister of Health on the retention periods for health sector professional documents and records.

Article 8. Implementation organization

1. The Department of Medical Examination and Treatment shall take the lead and coordinate with relevant agencies and organizations to guide, inspect, supervise, review, and summarize the implementation of this Circular nationwide.

2. Provincial Departments of Health under central cities; state management agencies for health or forensic appraisal under ministries and sectors shall direct, guide, inspect, and organize forensic medical institutions and units implementing forensic medical examinations within their jurisdiction to comply with this Circular.

3. The National Institute of Forensic Medicine under the Ministry of Health:

a) Conduct training on document components, procedures for forensic medical examinations, and forms in this Circular for public forensic medical institutions and units conducting forensic medical examinations nationwide;

b) Direct professionally, inspect, supervise, and guide the implementation of this Circular by public forensic medical institutions and units conducting forensic medical examinations nationwide; based on reports from these units, compile and report to the Ministry of Health and the Ministry of Justice in accordance with Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Forensic Appraisal.

4. Public forensic medical institutions and units conducting forensic medical examinations:

a) Heads of public forensic medical institutions and units conducting forensic medical examinations shall be responsible for:

- Ensuring sufficient staff to conduct forensic medical examinations in accordance with Article 6 of this Circular and the time limits for forensic medical examinations as stipulated in Article 5 of this Circular;

- Based on the staff's qualifications, certificates, training credentials, experience, and expertise, assign forensic medical examiners and assistants or coordinate with other units to conduct examinations; Assignments or requests for coordination must be made in writing;

- Propose (in writing) specialized consultations or joint examinations when necessary based on the scope of approved professional activities of the medical facility.

b) Annually report results to the direct supervisory agency, and simultaneously submit reports to the National Institute of Forensic Medicine in accordance with Decree No. 85/2013/NĐ-CP.

5. The heads of state-owned medical examination and treatment facilities shall be responsible for implementing or cooperating and supporting specialized examinations and professional consultations to carry out forensic medical identification tasks when requested by public legal medical organizations and units performing forensic medical identification. In cases where they refuse to implement or refuse to cooperate and support specialized examinations and professional consultations, they must clearly state the reasons in writing.

Article 9. Effective Date

This Circular takes effect from February 10, 2025.

Circular No. 13/2022/TT-BYT dated November 30, 2022, issued by the Minister of Health on the procedures, forms, deadlines, and human resources for forensic medical identification shall cease to be effective from the date this Circular takes effect.

Article 10. Reference Provisions

In cases where the legal normative documents referred to and applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacing documents.

Article 11. Transitional Provisions

In cases where the first forensic medical identification was conducted before the date this Circular takes effect, subsequent re-identifications (if any), including those requested or required after the date this Circular takes effect, shall be carried out in accordance with the provisions of Circular No. 13/2022/TT-BYT.

Article 12. Responsibility for Implementation

The Director of the Ministry of Health's Office; the Inspector General of the Ministry of Health; the Heads of Departments and Bureaus under the Ministry of Health; national administrative agencies in charge of health or forensic medical identification under ministries and sectors; the Director of the National Forensic Medical Institute; the Directors of Provincial Health Services under central cities and provinces; the Heads of public legal medical organizations and units performing forensic medical identification; the Heads of medical examination and treatment facilities; relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

During implementation, in case of difficulties or obstacles, agencies, organizations, and individuals shall report to the Ministry of Health (through the Bureau of Medical Examination and Treatment Management) for consideration and resolution./.