Circular No. 53/2015/TT-BYT stipulates the material conditions, equipment, and examination tools for public forensic appraisal organizations in the fields of forensic medicine and forensic psychiatry.

CIRCULAR

Regulations on material conditions, equipment, and means for forensic identification for public forensic identification organizations in the field of forensic medicine and forensic psychiatry

In the field of forensic medicine and forensic psychiatry

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Pursuant to Clause 3, Article 13 of the Law on Forensic Identification dated June 20, 2012;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing guidance on the implementation of the Law on Forensic Identification; This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. and measures to enforce the Law;June 2024;judicial regulations;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

At the proposal of the Department of Science and Technology, trThe Minister of Health issues this Circular stipulating the material conditions, equipment, and means for forensic identification for public forensic identification organizations in the field of forensic medicine and forensic psychiatry.

1. This Circular stipulates the material conditions, equipment, and means for forensic identification for public forensic identification organizations in the field of forensic medicine and forensic psychiatry, including:June 2024;a) Provincial forensic medical centers;

Article 1. Scope of Regulation

b) Regional forensic psychiatric centers under the Ministry of Health.

2. Material conditions, equipment, and means for forensic identification for the National Institute of Forensic Medicine, the Central Institute of Forensic Psychiatry, the Central Institute of Forensic Psychiatry Bien Hoa under the Ministry of Health, the Military Institute of Forensic Medicine under the Ministry of Defense, and the Forensic Identification Center under the Institute of Criminal Science under the Ministry of Public Security shall be based on the overall development plan approved by the Ministry of Health, the Ministry of Defense, and the Ministry of Public Security.

Article 2. Material Conditions

1. The design of the workplace of public forensic identification organizations in the field of forensic medicine and forensic psychiatry must meet the following basic requirements:

a) Suitability with functional usage requirements, professional characteristics, and modernity;

b) Having a fixed workplace with architectural, technical, and equipment solutions ensuring radiation safety, medical waste management, and fire prevention and control according to the provisions of the law;

c) Administrative areas having offices for the Director, Deputy Directors, Heads of Departments, Heads of Divisions, and administrative support units, and these areas should be arranged separately;

d) Professional areas having offices for leaders and staff, equipped appropriately for their management functions.

2. Area Standards and Design

a) The area and design of functional rooms and specialized departments should refer to the National Standard TCVN 4470:2012 General Hospital - Design Guidelines, comply with relevant national technical regulations, and adhere to the specific requirements of the specialty;

b) Based on the functions, tasks, organizational structure, and actual conditions of each unit, functional rooms and specialized departments can be arranged with appropriate areas and designs.

3. Functional Rooms and Specialized Departments of public forensic identification organizations in the field of forensic medicine and forensic psychiatry:

a) For provincial forensic medical centers: The arrangement of functional rooms and specialized departments shall be carried out in accordance with Circular No. 42/2015/TT-BYT dated November 16, 2015 of the Minister of Health guiding the functions, tasks, powers, and organizational structure of provincial forensic medical centers;

b) For regional forensic psychiatric centers under the Ministry of Health: The arrangement of functional rooms and specialized departments shall be carried out according to the operational regulations of each center approved by the Minister of Health.

a) For provincial forensic medical centers: The arrangement of functional rooms and specialized departments shall be carried out in accordance with Circular No. 42/2015/TT-BYT dated November 16, 2015, issued by the Minister of Health guiding the functions, tasks, powers, and organizational structure of provincial forensic medical centers;

b) For regional forensic psychiatric centers under the Ministry of Health: The arrangement of functional rooms and specialized departments shall be carried out according to the operational regulations of each center approved by the Minister of Health.

Article 3. Conditions for equipment and examination tools

1. The equipment and examination tools of the provincial forensic medical center must meet the minimum requirements set out in Appendix No. 01 issued together with this Circular to perform assigned functions and tasks.

2. The equipment and examination tools of the regional forensic psychiatric centers under the Ministry of Health must meet the minimum requirements set out in Appendix No. 02 issued together with this Circular to perform assigned functions and tasks.

Article 4. Guidance on Implementation

1. The material conditions, equipment, and examination tools stipulated in this Circular are the minimum conditions to ensure that public judicial appraisal organizations in the field of forensic medicine and forensic psychiatry can carry out their forensic medical and forensic psychiatric appraisal functions and tasks as prescribed in Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Judicial Appraisal.

2. In cases where public judicial appraisal organizations in the field of forensic medicine have additional needs for functions and tasks, expansion of the scope of appraisal, or to ensure compliance with actual appraisal case requirements, they shall report to the Department of Health for the provincial People's Committee to supplement material conditions, equipment, and examination tools to ensure the performance of assigned functions and tasks.

3. In cases where public judicial appraisal organizations in the field of forensic psychiatry have additional needs for functions and tasks, expansion of the scope of appraisal, or to ensure compliance with actual appraisal case requirements, they shall report to the Ministry of Health to supplement material conditions, equipment, and examination tools to ensure the performance of assigned functions and tasks.

4. In cases where public judicial appraisal organizations in the fields of forensic medicine and forensic psychiatry have not been adequately provided with material conditions, equipment, and examination tools as prescribed in this Circular, they must enter into contracts for collaboration and cooperation in the use of material conditions, equipment, and examination tools suitable for their professional activities with healthcare facilities or other medical institutions in the area that have appropriate material conditions, equipment, and examination tools.

Article 5. Responsibilities for Implementation

1. The Ministry of Health shall be responsible for:

a) Serve as the coordinating body to work with relevant units to organize the implementation, inspection, and supervision of this Circular;

b) Ensure adequate provision of material conditions, equipment, and examination tools for public judicial appraisal organizations in the field of forensic psychiatry as prescribed by law;

c) Guide public judicial appraisal organizations in the fields of forensic medicine and forensic psychiatry to enter into contracts for collaboration and cooperation in the use of material conditions, equipment, and examination tools with healthcare facilities and medical institutions to ensure operational activities.

2. The Department of Health shall be responsible for:

a) Coordinate with related agencies and organizations to organize the implementation, inspection, and supervision of this Circular within the jurisdiction;

b) Report to competent state management authorities to ensure adequate provision of material conditions, equipment, and examination tools for public judicial appraisal organizations in the field of forensic medicine as prescribed by law;

c) Guide public judicial appraisal organizations in the field of forensic medicine to enter into contracts for collaboration and cooperation in the use of material conditions, equipment, and examination tools with healthcare facilities and medical institutions within the jurisdiction;

d) Report to the Ministry of Health on the results of investment and utilization of material conditions, equipment, and examination tools of public judicial appraisal organizations in the field of forensic medicine.

2. Public judicial appraisal organizations in the fields of forensic medicine and forensic psychiatry are responsible for:

a) Developing a list of equipment and examination tools for use at the center and submitting it to the competent state authority for approval to meet the scope of professional activities;

b) Managing and using material conditions, equipment, and examination tools reasonably, economically, safely, and effectively;

c) Allocating human resources and training professional staff to ensure effective exploitation and use of material conditions, equipment, and examination tools;

d) Annually reporting to the Ministry of Health and the Department of Health on the status and results of the use of material conditions, equipment, and examination tools of the organization for the purpose of evaluating investment effectiveness.

Article 6. Effectiveness

This Circular takes effect from March 1, 2016.

Article 7. Reference Provisions

In cases where the referenced documents in this Circular are replaced or amended, implementation shall follow the replacement or amended document.

During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Health (Department of Medical Equipment and Construction) for consideration and resolution./.