Circular No. 77/2019/TT-BCA Amending and Supplementing Certain Articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 of the Minister of Public Security detailing standards, procedures, and processes for appointing and relieving criminal technical forensic examiners

CIRCULAR

Amending and supplementing certain provisions of Circular No. 33/2014/TT-BCA dated August 5, 2014, issued by the Minister of Public Security detailing standards, procedures, and processes for the appointment and removal of forensic technical criminal investigation examiners

Pursuant to the Law on Forensic Examination 2012;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Institute of Criminal Science;

The Minister of Public Security hereby issues this Circular amending and supplementing certain provisions of Circular No. 33/2014/TT-BCA dated August 5, 2014, issued by the Minister of Public Security detailing standards, procedures, and processes for the appointment and removal of forensic technical criminal investigation examiners.

Article 1. Amending certain provisions of Circular No. 33/2014/TT-BCA dated August 5, 2014, issued by the Minister of Public Security detailing standards, procedures, and processes for the appointment and removal of forensic technical criminal investigation examiners

1. Clauses 1, 2, 3, and 4 of Article 5 shall be amended and supplemented as follows:

"1. The Institute of Criminal Science shall take the lead and coordinate with V03 and X01 in selecting individuals who meet the criteria for appointment as forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 7 of the Law on Forensic Examination 2012 and Article 4 of Circular 33/2014/TT-BCA; review cases of removal of forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 10 of the Law on Forensic Examination 2012; compile files for the appointment and removal of forensic technical criminal investigation examiners and report to the Minister of Public Security for decisions on the appointment and removal of forensic technical criminal investigation examiners according to specific specialties as provided in Article 3 of Circular 33/2014/TT-BCA within the Institute of Criminal Science.

2. The Military Police Investigation Department of the Ministry of National Defense shall be responsible for selecting individuals who meet the criteria for appointment as forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 7 of the Law on Forensic Examination 2012 and Article 4 of Circular 33/2014/TT-BCA; review cases of removal of forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 10 of the Law on Forensic Examination 2012; report to the Minister of National Defense to request the Minister of Public Security to make decisions on the appointment and removal of forensic technical criminal investigation examiners according to specific specialties as provided in Article 3 of Circular 33/2014/TT-BCA within the Technical Criminal Investigation Department of the Military Police Investigation Department of the Ministry of National Defense and send the files to the Institute of Criminal Science. The Institute of Criminal Science shall be responsible for reviewing and completing the files and reporting to the Minister of Public Security.

3. Provincial Public Security Departments (collectively referred to as Provincial Public Security Departments) shall take the lead and coordinate with the Department of Justice in selecting individuals who meet the criteria for appointment as forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 7 of the Law on Forensic Examination 2012 and Article 4 of Circular 33/2014/TT-BCA; review cases of appointment and removal of forensic technical criminal investigation examiners as stipulated in Clause 1 of Article 10 of the Law on Forensic Examination 2012; prepare files and report to the Chairman of the Provincial People's Committee for decisions on the appointment and removal of forensic technical criminal investigation examiners according to specific specialties as provided in Article 3 of Circular 33/2014/TT-BCA within the Technical Criminal Investigation Department of the Provincial Public Security Department.

4. Within ten working days from the date of appointment or removal of forensic technical criminal investigation examiners, the Ministry of Public Security and the Provincial People's Committees shall be responsible for compiling and publishing lists of appointments and removals of forensic technical criminal investigation examiners on their respective online portals.

The Institute of Criminal Science shall assist the Ministry of Public Security in compiling and publishing lists of forensic examiners on the Ministry of Public Security's online portal, and simultaneously send them to the Ministry of Justice to compile and adjust the general list of forensic examiners.

Provincial Public Security Departments (Technical Criminal Investigation Departments) shall assist the Provincial People's Committees in compiling and publishing lists of forensic examiners on the Provincial People's Committee's online portal, and simultaneously send them to the Ministry of Justice to compile and adjust the general list of forensic examiners."

2. Amending forms number 01a/KTHS, 01b/KTHS, 02a/KTHS, 02b/KTHS, 03a/KTHS, 03b/KTHS, and 04/KTHS issued together with Circular 33/2014/TT-BCA.

3. Article 8 shall be amended and supplemented as follows:

"1. Authority to issue, reissue, and revoke the Forensic Technical Criminal Investigation Examiner Card:

a) The Institute of Criminal Science has the authority to issue, reissue, and revoke the Forensic Technical Criminal Investigation Examiner Card for forensic technical criminal investigation examiners under the Institute of Criminal Science and the Technical Criminal Investigation Department of the Military Police Investigation Department of the Ministry of National Defense.

b) The Director of the Provincial Public Security Department has the authority to issue, reissue, and revoke the Forensic Technical Criminal Investigation Examiner Card for forensic technical criminal investigation examiners under the Provincial Public Security Department's Technical Criminal Investigation Department within his/her jurisdiction. The Technical Criminal Investigation Department and the Organization and Cadre Department shall assist the Director of the Provincial Public Security Department in issuing, reissuing, and revoking the Forensic Technical Criminal Investigation Examiner Card.

2. Within fifteen days from the date of receiving the decision on the appointment of a forensic technical criminal investigation examiner, the Director of the Institute of Criminal Science and the Director of the Provincial Public Security Department shall be responsible for issuing the card to the appointed forensic technical criminal investigation examiner.

The Forensic Technical Criminal Investigation Examiner Card shall be used only in forensic technical criminal investigation activities and shall not be used for other purposes; it is strictly prohibited to alter, lend, or retain the card when it is no longer valid; if lost, it must be reported immediately to the Head of the unit; violations will be subject to disciplinary action depending on the severity.

3. The Director of the Institute of Criminal Science and the Director of the Provincial Public Security Department shall reissue the Forensic Technical Criminal Investigation Examiner Card within fifteen days in cases where the card is lost, damaged, or faulty (torn, dirty, faded...), making it unusable; or when there is a change in information recorded on the Forensic Technical Criminal Investigation Examiner Card as stipulated in Clause 2, Article 7 of Circular 33/2014/TT-BCA. The application for reissuance of the Forensic Technical Criminal Investigation Examiner Card shall include:

a) An application for reissuance of the Forensic Technical Criminal Investigation Examiner Card from the forensic technical criminal investigation examiner, and the previously issued card (if available);

b) Confirmation from the Head of the unit managing forensic technical examiners regarding the status of the Forensic Technical Examiner Card of the person requesting to reissue the Card;

c) A copy of the Decision appointing the forensic technical examiner;

d) Two 2cmx3cm color photographs: clear and true-to-life, with a light blue background, without glasses, wearing winter-autumn uniform, displaying identification number, and correctly wearing the hat according to the regulations of the People's Public Security and the People's Army (for units not provided with winter-autumn uniforms, spring-summer uniforms shall be worn).

4. The Institute of Criminal Science, Provincial Public Security shall recover the Forensic Technical Examiner Card of the forensic technical examiner who has been relieved of duty within fifteen days from the date the decision on relieving the forensic technical examiner of duty takes effect.

5. The Institute of Criminal Science, Military Police Investigation Department, Ministry of National Defense, Criminal Technical Department shall be responsible for retaining the files of officers proposed for appointment, relief of duty, issuance, reissuance, and recovery of forensic examiner cards at their respective units.

4. Article 11 shall be amended and supplemented as follows:

"1. Heads of subordinate units under the Ministry of Public Security, Provincial Public Security Directors, and Heads of relevant agencies and units within the scope of their functions and tasks shall be responsible for organizing the implementation of this Circular.

2. The Institute of Criminal Science shall be responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

3. During the process of implementing this Circular, if there are any difficulties, public security units and localities, and related agencies, organizations, and individuals shall send their opinions to the Ministry of Public Security (through the Institute of Criminal Science) for timely guidance.

Article 2. Transitional Provisions

For forensic technical examiners who have been appointed and issued forensic examiner cards before the effective date of this Circular, they may continue to use the appointment decisions and forensic examiner cards in accordance with the regulations.

Article 3. Effectiveness

This Circular shall take effect from February 8, 2020.

Article 4. Responsibilities for Implementation

1. The Institute of Criminal Science shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of subordinate units under the Ministry of Public Security, Provincial Public Security Directors, and Heads of relevant agencies and units within the scope of their functions and tasks shall be responsible for organizing the implementation of this Circular.

3. During the process of implementing this Circular, if there are any difficulties, public security units and localities, and related agencies, organizations, and individuals shall send their opinions to the Ministry of Public Security (through the Institute of Criminal Science) for timely guidance.

Model No. 01a/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

MINISTRY OF PUBLIC SECURITY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-BCAHanoi, day month year 20

Pursuant to …;

Regarding the Appointment of Forensic Technical Examiners

THE MINISTER OF PUBLIC SECURITY

Pursuant to the Law on Forensic Examination 2012;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

composition and number of persons performing tasks in cases of autopsy, post-mortem dissection, and exhumation.

DECISION:

Article 1. Appointing Forensic Technical Examiners, specialty... for...^[1] individuals belonging to the Institute of Criminal Science, Ministry of Public Security.

(attached list)^[2]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Institute of Criminal Science Director, heads of relevant units, and individuals named in Article 1 shall be responsible for implementing this decision.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to compile the comprehensive list
of forensic examiners);
- File: VT, C09.MINISTER(Sign, write full name and stamp)

Model No. 01b/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

MINISTRY OF PUBLIC SECURITY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-BCAHanoi, day month year 20

Pursuant to …;

Regarding the Relief of Duty of Forensic Technical Examiners

THE MINISTER OF PUBLIC SECURITY

Pursuant to the Law on Forensic Examination 2012;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

composition and number of persons performing tasks in cases of autopsy, post-mortem dissection, and exhumation.

DECISION:

Article 1. Dismiss Forensic Technical Examiner, specialty... for..... ^[3] individuals belonging to the Institute of Criminal Science, Ministry of Public Security.

(attached list)^[4]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Institute of Criminal Science Director, heads of relevant units, and individuals named in Article 1 shall be responsible for implementing this decision.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to adjust the list
of forensic examiners);
- File: VT, C09.MINISTER(Sign, write full name and stamp)

Form number 02a/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

MINISTRY OF PUBLIC SECURITY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-BCAHanoi, day month year 20

Pursuant to …;

Regarding the Appointment of Forensic Technical Examiners

THE MINISTER OF PUBLIC SECURITY

Pursuant to the Law on Forensic Examination 2012;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

At the proposal of the Minister of National Defense,

DECISION:

Article 1. Appoint Forensic Technical Examiner, specialty... for.....^[5] individuals under the Forensic Technical Examination Department of the Criminal Investigation Bureau, Ministry of National Defense.

(attached list)^[6]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Comrades Heads of the Political General Department of the Ministry of National Defense, Director of the Institute of Criminal Science, Director of the Criminal Investigation Bureau of the Ministry of National Defense and the individuals named in Article 1 are responsible for implementing this decision./.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to compile the comprehensive list
of forensic examiners);
- File: VT, C09.MINISTER(Sign, write full name and stamp)

Form number 02b/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

MINISTRY OF PUBLIC SECURITY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-BCAHanoi, day month year 20

Pursuant to …;

Regarding the Relief of Duty of Forensic Technical Examiners

THE MINISTER OF PUBLIC SECURITY

Pursuant to the Law on Forensic Examination 2012;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

At the proposal of the Minister of National Defense,

DECISION:

Article 1. Dismiss Forensic Technical Examiner, specialty... for.....^[7] individuals under the Forensic Technical Examination Department of the Criminal Investigation Bureau, Ministry of National Defense.

(attached list)^[8]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Comrades Heads of the Political General Department of the Ministry of National Defense, Director of the Institute of Criminal Science, Director of the Criminal Investigation Bureau of the Ministry of National Defense and the individuals named in Article 1 are responsible for implementing this decision./.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to adjust the list
of forensic examiners);
- File: VT, C09.MINISTER(Sign, write full name and stamp)

Form number 03a/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

DEPARTMENT…/DEPARTMENT OF EDUCATION AND TRAINING^[9]
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-UBND………^[10], day month year 20

Pursuant to …;

Regarding the Appointment of Forensic Technical Examiners

CHAIRMAN OF THE PEOPLE'S COMMITTEE...¹

Pursuant to the Law on Forensic Examination 2012;

Pursuant to the Law on the Organization of People's Councils and People's Committees 2003;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

At the proposal of the Director of Public Security...¹,

DECISION:

Article 1. Appoint Forensic Technical Examiner, specialty... for.....^[11] individuals under the Criminal Technical Department of Public Security....¹.

(attached list)^[12]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Comrades Heads of the People's Committee Office, Directors of Public Security, Directors of Justice Departments and the individuals named in Article 1 are responsible for implementing this decision./.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to compile the comprehensive list
of forensic examiners);
- To be filed: VT.CHAIRMAN(Sign, write full name and stamp)

Form number 03b/KTHS

(Issued together with Circular number /2019/TT-BCA day / /2019 of the Minister of Public Security)

DEPARTMENT…/DEPARTMENT OF EDUCATION AND TRAINING^[13]
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Number: /QĐ-UBND………^[14], day month year 20

Pursuant to …;

Regarding the Relief of Duty of Forensic Technical Examiners

CHAIRMAN OF THE PEOPLE'S COMMITTEE...¹

Pursuant to the Law on Forensic Examination 2012;

Pursuant to the Law on the Organization of People's Councils and People's Committees 2003;

Pursuant to Circular No. /2019/TT-BCA dated / /2019 of the Minister of Public Security amending and supplementing some articles of Circular No. 33/2014/TT-BCA dated August 5, 2014 detailing the criteria, procedures, and formalities for the appointment and relief of duty of forensic technical examiners;

At the proposal of the Director of Public Security...¹,

DECISION:

Article 1. Dismiss Forensic Technical Examiner, specialty... for.....^[15] individuals under the Criminal Technical Department of Public Security....¹.

(attached list)^[16]

Article 2. This Decision takes effect from the date of signature.

Article 3. The Comrades Heads of the People's Committee Office, Directors of Public Security, Directors of Justice Departments and the individuals named in Article 1 are responsible for implementing this decision./.

Place of Receipt:
- As per Article 3 (to implement);
- Ministry of Justice (to adjust the list
of forensic examiners);
- To be filed: VT.CHAIRMAN(Sign, write full name and stamp)

Form 04/KTHS

(Annexed to Circular No. /2019/TT-BCA dated / /2019
of the Minister of Public Security)

Forensic Technical Examiner Identification Card

________________________

(1): Title of the authorized person issuing the Card

1. Clearly state the quantity according to the attached list ↑

2. Write full name, date of birth, place of origin, workplace, specialty appointed ↑

3. Clearly state the quantity according to the attached list. ↑

4. Write full name, date of birth, place of origin, workplace, specialty appointed. ↑

5. Clearly state the quantity according to the attached list ↑

6. Write full name, date of birth, place of origin, workplace, specialty appointed ↑

7. Clearly state the quantity according to the attached list ↑

8. Write full name, date of birth, place of origin, workplace, specialty appointed ↑

9. Name of province, centrally governed city ↑

10. Place name ↑

11. Clearly state the quantity according to the attached list ↑

12. Write full name, date of birth, place of origin, workplace, specialty appointed ↑

13. Name of province, centrally governed city ↑

14. Place name ↑

15. Clearly state the quantity according to the attached list ↑

16. Write full name, date of birth, place of origin, workplace, specialty appointed ↑