Decision No. 74/2009/QD-TTg on the system of allowances for judicial expertise

Pursuant to …;

Regarding the system for compensating forensic expertise

______________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Judicial Appraisal Law dated September 29, 2004;

Pursuant to the Government Decree No. 67/2005/NĐ-CP dated May 19, 2005 detailing the implementation of certain provisions of the Judicial Appraisal Law;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

Considering the proposal of the Minister of Justice, the Minister of Home Affairs, and the Minister of Finance,

DECISION:

Article 1. The system of allowances for judicial appraisal shall be applied to the following subjects:

1. Judicial appraisers and persons conducting judicial appraisals on a case-by-case basis (hereinafter referred to collectively as judicial appraisers) who are currently receiving salaries from the state budget.

2. Assistants to judicial appraisers who are currently receiving salaries from the state budget. Assistants to judicial appraisers are those who support judicial appraisers and directly participate in the appraisal process. Assistants to judicial appraisers include: assistants, technicians, medical attendants, and others assigned by the head of the organization requested to conduct the appraisal or designated by the judicial appraiser responsible for coordinating the appraisal process.

3. Persons assigned by competent state agencies to be present and perform tasks during the time of conducting the appraisal in cases involving autopsy, dissection, exhumation.

Article 2. The system of allowances for judicial appraisal based on days worked shall be regulated as follows:

For judicial appraisals in the fields of forensic toxicology, organizational biology, file-based appraisals; forensic psychiatry; criminal technical investigation; financial-accounting; cultural; construction; environmental; agriculture, forestry, fisheries, and other fields, the allowance based on days worked shall be applied with specific levels as follows:

1. The level of VND 60,000 per judicial appraiser per day of appraisal work shall apply to appraisals not covered by the provisions of Clause 2 and Clause 3 of this Article.

2. The level of VND 150,000 per judicial appraiser per day of appraisal work shall apply to complex appraisals or those requiring contact with objects of appraisal carrying infectious diseases belonging to Group B, C as stipulated at point b, c Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases or those that must be conducted in contaminated environments but not covered by the provisions of Clause 3 of this Article.

3. The level of VND 250,000 per judicial appraiser per day of appraisal work shall apply to appraisals that require contact with objects of appraisal infected with HIV/AIDS or particularly dangerous infectious diseases belonging to Group A as stipulated at point a Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases or those that must be conducted in environments contaminated by hazardous substances such as radiation, acids, bases, or in areas experiencing dangerous epidemics.

A day of appraisal work is calculated as 8 hours of actual appraisal work. In cases where the appraisal work is carried out over several days but only for a certain amount of time each day, the day of appraisal work is calculated based on the total number of hours of actual appraisal work performed.

The time and workload required for the implementation of each type of appraisal work shall be determined based on the standard procedures for conducting appraisals in each field of appraisal. When conducting appraisals outside regular working hours, in addition to the daily allowance, judicial appraisers and assistants to judicial appraisers who are receiving salaries from the state budget shall also receive additional overtime allowances or night shift subsidies according to the Government Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary systems for civil servants, public officials, and armed forces personnel and related regulations guiding the implementation of overtime allowances and night shift subsidies.

Article 3. The system of allowances for forensic examination on a case-by-case basis shall be regulated as follows:

For forensic examinations on living persons and corpses in the field of forensic medicine, the allowance system on a case-by-case basis with specific levels shall be applied as follows:

1. Forensic examinations on living persons shall have the following levels of allowances:

a) An allowance level of VND 80,000 per examination instance/per requested content/per case/per forensic examiner for specialized deep medical examinations.

b) An allowance level of VND 100,000 per examination instance/per requested content/per case/per forensic examiner for general examinations.

2. Non-surgical forensic examinations on corpses that are not preserved according to standard regulations or are in natural decomposition state shall have the following levels of allowances:

a) VND 300,000 per case/per forensic examiner applicable to deaths within 48 hours.

b) VND 400,000 per case/per forensic examiner applicable to deaths beyond 48 hours up to 7 days.

c) VND 500,000 per case/per forensic examiner applicable to deaths over 7 days.

3. Surgical forensic examinations on corpses that are not preserved according to standard regulations or are in natural decomposition state shall have the following levels of allowances:

a) VND 1,000,000 per case/per forensic examiner applicable to deaths within 48 hours.

b) VND 1,500,000 per case/per forensic examiner applicable to deaths beyond 48 hours up to 7 days.

c) VND 2,000,000 per case/per forensic examiner applicable to deaths over 7 days.

d) VND 3,000,000 per case/per forensic examiner applicable to deaths over 7 days requiring exhumation.

4. In cases where corpses are preserved according to standard regulations, forensic examiners shall receive 75% of the corresponding allowance levels stipulated in Clauses 2 and 3 of this Article.

5. In cases of non-surgical forensic examinations, surgical forensic examinations on corpses infected with HIV/AIDS or other particularly dangerous diseases classified under Group A as specified in Point a Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases, or examinations conducted in environments containing hazardous substances such as radioactive materials, acids, bases, or in areas affected by dangerous epidemics, the highest allowance level for non-surgical forensic examinations as stipulated in Clause 2 or the highest allowance level for surgical forensic examinations as stipulated in Clause 3 of this Article shall be applied.

Article 4. The system for those assisting forensic examiners and individuals assigned by competent authorities to be present during the time of conducting forensic examinations in cases of autopsy, surgical examination, and exhumation of corpses shall be implemented as follows:

1. Those assisting forensic examiners who are salaried from the State budget participating in forensic examinations shall receive 70% of the allowance that the forensic examiner receives.

2. Individuals assigned by State authorities to be present during the time of conducting forensic examinations in cases of autopsy, surgical examination, and exhumation of corpses shall receive 50% of the allowance that the forensic examiner receives.

Article 5. The payment of forensic examination allowances shall be carried out as follows:

1. The funds for paying forensic examination allowances for criminal cases shall be guaranteed by the State budget and allocated in the annual budget of the prosecution agency in accordance with the State Budget Law. Each year, the prosecution agency must prepare a budget for forensic examination allowances. The use of funds for forensic examination allowances must be in accordance with their intended purpose, in accordance with the allowance system, and shall not be used for the regular tasks of the prosecution agency.

2. The funds for paying forensic examination allowances for civil cases and administrative cases shall be included in the costs of forensic examinations borne by the parties as stipulated by civil procedure laws and administrative procedure laws.

3. The requesting agency has the responsibility to temporarily advance the forensic examination allowance when requesting an examination and must pay the forensic examination allowance to the organization or individual conducting the examination upon receipt of the examination conclusion.

Article 6

1. The Ministry of Justice shall take the lead and coordinate with the Ministry of Finance and the Ministry of Home Affairs to guide the implementation of this Decision.

2. In cases where the consumer price index increases by more than 25% compared to the time of issuing this Decision, the Ministry of Justice shall be responsible for taking the lead and coordinating with the Ministry of Home Affairs and the Ministry of Finance to study and propose adjustments to the allowance levels for submission. consideration and decision by the Prime Minister.

This Decision takes effect from July 1, 2009.

This Decision replaces Decision No. 160/TTg dated March 15, 1996 of the Prime Minister on the implementation of the allowance system for judicial experts and Decision No. 57/1998/QĐ-TTg dated March 5, 1998 of the Prime Minister supplementing Decision No. 160/TTg dated March 15, 1996 of the Prime Minister on the implementation of the allowance system for judicial experts. The Prime Minister on the implementation of the allowance system for judicial experts and Decision No. 57/1998/QD-TTg dated March 5, 1998, of the Prime Minister supplementing Decision No. 160/TTg dated March 15, 1996, of the Prime Minister on the implementation of the allowance system for judicial experts.

Article 8. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.