Circular No. 49/2017/TT-BCA detailing the system for compensating forensic examination in criminal technical fields; the composition and number of persons performing tasks when conducting forensic examinations on post-mortem inspections, autopsies, and exhumations.

CIRCULAR
Detailed regulations on the allowance for forensic examination in criminal technical fields; composition and number of persons performing tasks in forensic examinations involving autopsy, post-mortem dissection, and exhumation.

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Clause 2, Clause 3 Article 6 of Decision No. 01/2014/QĐ-TTg dated January 1, 2014 of the Prime Minister on the allowance for forensic examination;

At the proposal of the Director General of the Criminal Police Department, the Minister of Public Security promulgates this Circular detailing the allowance for forensic examination in criminal technical fields; composition and number of persons performing tasks in forensic examinations involving autopsy, post-mortem dissection, and exhumation.

Article 1. Scope of Regulation

This Circular details the level of allowance for forensic examination, time, and number of persons conducting forensic examination for each type of criminal technical examination; composition and number of persons performing tasks in forensic examinations involving autopsy, post-mortem dissection, and exhumation.

Article 2. Applicability

1. Criminal technical forensic examiner.

2. Assistants to the criminal technical forensic examiner including: assistant forensic examiner; technical staff; criminal technical officers performing tasks in forensic examinations involving autopsy, post-mortem dissection, and exhumation.

3. Investigators, prosecutors, judges performing tasks in forensic examinations involving autopsy, post-mortem dissection, and exhumation.

Article 3. Level of allowance for one day's work for one person conducting criminal technical forensic examination

1. The amount of 150,000 VND/day/person applies to examinations not covered by Clauses 2 and 3 of this Article.

2. The amount of 300,000 VND/day/person applies to the following examinations: firearms and ammunition examination; sound examination requiring specialized equipment emitting radiation or laser; digital and electronic examination; mechanical impact trace examination in traffic accidents, tool mark examination, lock and joint examination requiring specialized equipment emitting radiation or laser; fingerprint examination requiring detection of traces not covered by Clause 3 of this Article; DNA examination to determine parentage from living individuals where the sample is not infected with HIV/AIDS or carries particularly dangerous infectious diseases under Point a Clause 1 Article 3 of the Law on Prevention and Control of Infectious Diseases; animal, plant, microorganism, textile fiber, biological trace examination from human body not covered by Clause 3 of this Article.

3. The amount of 500,000 VND/day/person applies to the following examinations: fire and explosion examination; drug examination; DNA examination; indented character examination on erased, scratched, or resealed materials using methods such as fuming, Ninhydrin, Iodine, small particles, Amilo Black to detect traces; legal chemistry examination using hazardous chemicals for examination listed in Decree No. 108/2008/NĐ-CP and Decree No. 26/2011/NĐ-CP; semen and blood examination when the subject is infected with HIV/AIDS or carries particularly dangerous infectious diseases under Point a Clause 1 Article 3 of the Law on Prevention and Control of Infectious Diseases.

Article 4. Time for Appraisal

1. The time for appraisal is calculated from the start of the appraisal process until the conclusion of the appraisal is issued. The time for appraisal shall not exceed the deadline for appraisal as prescribed in the Criminal Procedure Code 2015.

2. In cases where the appraisal cannot be conducted within the time limit stipulated in Clause 1 of this Article, the appraisal authority must promptly notify in writing, clearly stating the reasons to the requesting agency or person who requested the appraisal.

Article 5. Number of Appraisers in an Appraisal Case

1. For ordinary appraisals: individual appraisals shall be carried out in accordance with the Law on Judicial Appraisal.

2. For collective appraisals: no more than three appraisers and three assistants.

3. For appraisals conducted by an Appraisal Board: the number of appraisers shall be decided by the Minister, and the number of assistants shall not exceed the number of appraisers.

4. Where an appraisal request involves multiple specialized fields requiring appraisal, the number of appraisers and assistants for each field of appraisal shall not exceed the number of persons specified in Clauses 1 and 2 of this Article.

Article 6. Composition and Number of Personnel Involved in Appraisal for Autopsy, Post-Mortem Examination, and Exhumation Cases

1. No more than three criminal technical officers shall be assigned to perform tasks for the autopsy, post-mortem examination, and exhumation of one corpse.

2. Investigators:

a) One investigator shall be assigned to perform tasks for the autopsy, post-mortem examination, and exhumation of one corpse for cases within the jurisdiction of the provincial police.

b) No more than two investigators shall be assigned to perform tasks for the autopsy, post-mortem examination, and exhumation of one corpse for cases within the jurisdiction of the provincial police or higher.

3. Prosecutors:

a) One prosecutor shall be assigned to perform tasks for the autopsy, post-mortem examination, and exhumation of one corpse for cases within the jurisdiction of the provincial police.

b) No more than two prosecutors shall be assigned to perform tasks for the autopsy, post-mortem examination, and exhumation of one corpse for cases within the jurisdiction of the provincial police or higher.

4. Judge: one person when necessary to participate according to the provisions of the procedural law.

Article 7. Effective Date

This Circular takes effect from January 1, 2018.

Article 8. Responsibility for Implementation

1. Comrades General Directors, Heads of units under the Ministry of Public Security; Provincial Police Chiefs, Fire Prevention and Control Chiefs of centrally governed cities and Heads of agencies, units, and individuals related to judicial appraisal activities within their functions and duties are responsible for organizing the implementation of this Circular.

2. The Criminal Police Bureau is responsible for leading and coordinating with relevant units to guide, monitor, inspect, and provide guidance on the implementation of this Circular.

3. During the implementation of this Circular, if there are any difficulties, the police units, localities, and relevant agencies, organizations, and individuals shall send their opinions to the Ministry of Public Security (through the Criminal Police Bureau) for timely guidance./.