Decree No. 85/2013/ND-CP of July 29, 2013, detailing and providing measures for implementing the Law on Judicial Expertise

THE GOVERNMENT

Decree No. 85/2013/ND-CP of July 29, 2013, detailing and providing measures for implementing the Law on Judicial Expertise

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

Pursuant to the June 20, 2012 Law on Judicial Expertise;

Pursuant to the March 28, 2012 Ordinance on Expertise and Valuation Expenses and Witness and Interpreter Expenses in Legal Procedures;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing and providing measures for implementing the Law on Judicial Expertise.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the organization, functions and tasks of public judicial expertise institutions; establishment and operation registration of judicial expertise offices; incentive policies for judicial expertise offices; publicization of lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions; tasks and powers of ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) in judicial expertise activities.

Chapter II

PUBLIC JUDICIAL EXPERTISE INSTITUTIONS

Article 2. Public judicial expertise institutions

1.       Public judicial expertise institutions conduct judicial expertise as solicited by expertise solicitors or requested by expertise requesters in accordance with the Law on Judicial Expertise and provide extrajudicial expertise services at the request of individuals and organizations.

The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense and other ministries and ministerial- level agencies shall stipulate in detail the provision of extrajudicial expertise services by public judicial expertise institutions of their sectors.

2.       The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense and other ministries and ministerial- level agencies shall stipulate in detail the working regime of public judicial expertise institutions of their sectors, assuring prompt acceptance of expertise solicitations and requests and implementation of judicial expertise activities.

Article 3. National Institute of Forensic Medicine under the Ministry of Health

1. The National Institute of Forensic Medicine has the following functions and tasks:

a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To formulate and submit regulations on forensic medical expertise to the Minister of Health for promulgation;

c/ To formulate programs and materials for, and organize and guide, professional training and retraining in forensic medicine;

d/ To guide, direct and examine forensic medical expertise institutions nationwide in forensic medical expertise activities according to regulations of the Ministry of Health;

dd/ To conduct scientific research in forensic medicine;

e/ To carry out international cooperation in forensic medicine according to regulations of the Ministry of Health;

g/ Annually, to conduct final reviews and report to the Ministry of Health and the Ministry of Justice on organization of forensic medical expertise activities and propose measures for improving the effectiveness of forensic medical expertise activities;

h/ Other tasks provided by the Minister of Health.

2. The National Institute of Forensic Medicine has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The director and deputy directors of the National Institute of Forensic Medicine are appointed by the Minister of Health.

3. The National Institute of Forensic Medicine is a public non-business unit and operates under the Law on Judicial Expertise, this Decree and other relevant laws.

Article 4. Provincial-level forensic medicine centers

1.       Provincial-level forensic medicine centers have the following functions and tasks:

a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To conduct scientific research in forensic medicine;

c/Annually, to report to provincial-level Health Departments and Justice Departments on organization of forensic medical expertise activities in their localities and concurrently send these reports to the National Institute of Forensic Medicine;

d/ Other tasks provided by provincial-level People’s Committees.

2. A provincial-level forensic ^medicine center has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The provincial-level Health Department director shall appoint the director and deputy directors of the provincial-level forensic medicine center and notify the appointment to the provincial-level Justice Department.

3. Provincial-level forensic medicine centers are public non-business units and operate under the Law on Judicial Expertise, this Decree and other relevant laws.

Article 5. Army Institute of Forensic Medicine under the Ministry of National Defense

1. The Army Institute of Forensic Medicine has the following functions and tasks:

a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To conduct scientific research in forensic medicine;

c/ To carry out international cooperation in forensic medicine under the , Ministry of National Defense’s regulations;

d/ Annually, to conduct final reviews and report to the Ministry of National Defense, the Ministry of Health and the Ministry of Justice on forensic medical expertise activities in the army; and concurrently send these reports to the National Institute of Forensic Medicine;

dd/ Other tasks provided by the Minister of National Defense.

2. The Army Institute of Forensic Medicine has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts.

The appointment of the director and deputy directors of the Army Institute of Forensic Medicine complies with regulations of the Minister of National Defense.

Article 6. Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security

1.       The Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, has the following functions and tasks:

a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To conduct scientific research in forensic medicine;

c/ Other tasks provided by the Minister of Public Security.

2.       The Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts.

The appointment of the director and deputy directors of the Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, complies with regulations of the Minister of Public Security.

Article 7. The Central Institute of Forensic Psychiatry under the Ministry of Health

1. The Central Institute of Forensic Psychiatry has the following functions and tasks:

a/ To conduct forensic psychiatric expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To formulate and submit regulations on forensic psychiatric expertise to the Minister of Health for promulgation;

c/ To formulate programs and materials for, and organize and guide, professional training and retraining in forensic psychiatry;

d/ To guide, direct and examine forensic psychiatric expertise institutions nationwide in forensic psychiatric activities according to regulations of the Ministry of Health;

dd/ To conduct scientific research in forensic psychiatry;

e/ To carry out international cooperation in forensic psychiatry according to regulations of the Ministry of Health;

g/ Annually, to conduct final reviews and report to the Ministry of Health and the Ministry of Justice on organization of forensic psychiatric expertise activities; to propose measures for improving the effectiveness of forensic psychiatric expertise activities;

h/ Other tasks provided by the Minister of Health.

2.  The Central Institute of Forensic Psychiatry has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The director and deputy directors of the Central Institute of Forensic Psychiatry are appointed by the Minister of Health.

3.  The Central Institute of Forensic Psychiatry is a public non-business unit and operates under the Law on Judicial Expertise, this Decree and other relevant laws.

Article 8. Regional forensic psychiatry centers under the Ministry of Health

1.       Regional forensic psychiatry centers under the Ministry of Health have the following functions and tasks:

a/ To conduct forensic psychiatric expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To conduct scientific research in forensic psychiatry;

c/ Annually, to report to the Ministry of Health on forensic psychiatric expertise institutions and activities and concurrently send these reports to the Central Institute of Forensic Psychiatry;

d/ Other tasks provided by the Minister of Health.

2.       A regional forensic psychiatry center has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. Directors and deputy directors of regional forensic psychiatry centers are appointed by the Minister of Health.

3.       Regional forensic psychiatry centers are public non-business units and operate under the Law on Judicial Expertise, this Decree and other relevant laws.

Article 9. Institute of Criminal Sciences under the Ministry of Public Security

1.       The Institute of Criminal Sciences has the following functions and tasks:

a/ To conduct criminal technical and forensic expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To formulate and submit regulations on criminal technical expertise to the Minister of Public Security for promulgation; ,

c/ To formulate programs and materials for, and organize and guide, professional training on criminal techniques;

d/ To guide, direct and examine criminal technical expertise institutions nationwide in criminal expertise activities according to regulations of the Ministry of Public Security;

dd/ To conduct scientific research in criminal techniques and forensic medicine;

e/ To carry out international cooperation in criminal techniques and forensic medicine according to regulations of the Ministry of Public Security;

g/ Annually, to conduct final reviews and report to the Ministry of Public Security and the Ministry of Justice on organization of criminal expertise activities; to conduct final reviews and report to the Ministry of Public Security, the Ministry of Health and the Ministry of Justice on organization of forensic medical expertise activities in the public security sector and concurrently send these reports to the National Institute of Forensic Medicine; to propose measures for improving the effectiveness of criminal technical expertise and forensic medical expertise activities;

h/ Other tasks provided by the Minister of Public Security.

2. The Institute of Criminal Sciences under the Ministry of Public Security has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The appointment of the director and deputy directors of the Institute of Criminal Sciences complies with regulations of the Minister of Public Security.

Article 10. Criminal technique sections under provincial-level Police Departments

1.   Criminal technique sections have the following functions and tasks:

a/ To conduct criminal technical expertise in accordance with the legal procedures law and the Law On Judicial Expertise;

b/ To conduct scientific research in criminal techniques;

c/ Annually, to report to provincial-level Police Departments and Justice Departments on organization of criminal technical expertise activities; to report to provincial-level Police Departments, Health Departments, Justice Departments and the National Institute of Forensic Medicine on post-mortem forensic expertise activities and concurrently send these reports to the Institute of Criminal Sciences;

d/ Other tasks provided by the Minister of Public Security.

2. A criminal technique section under a provincial-level Police Department has a head and deputy heads. The head and deputy heads in charge of professional affairs must be judicial experts. The appointment of heads and deputy heads of criminal technique sections complies with regulations of the Minister of Public Security.

Article 11. Criminal Technical Expertise Division under the Ministry of National Defense

1.   The Criminal Technical Expertise Division has the following functions and tasks:

a/ To conduct criminal technical expertise in accordance with the legal procedures law and the Law on Judicial Expertise;

b/ To conduct scientific research in criminal techniques;

c/ Annually, to review and report to the Ministry of National Defense on criminal expertise activities and concurrently send these reports to the Institute of Criminal Sciences under the Ministry of Public Security;

d/ Other tasks provided by the Minister of National Defense.

2.       The Criminal Technical Expertise Division has a head and deputy heads. The head and deputy heads in charge of judicial expertise must be judicial experts. The appointment of the head and deputy heads of the Criminal Technical Expertise Division complies with regulations of the Minister of National Defense.

Chapter III

JUDICIAL EXPERTISE OFFICES

Article 12. Judicial expertise offices

1.   Judicial expertise offices are organized and operate under the Law on Judicial Expertise, the Law on Enterprises, this Decree and other relevant laws.

2.   For judicial expertise offices operating as partnerships, partnership members must be judicial experts. Judicial expertise offices may have capital-contributing members.

3.   The name of a judicial expertise office consists of the phrase “judicial expertise office” followed by a proper name. The naming of the office and hanging of its name-board comply with law.

4.   Judicial expertise offices have their own head offices, seals and accounts as prescribed by law.

Article 13. Applications for establishment of judicial expertise offices and draft organization and operation regulations

1.   An application for establishment of a judicial expertise office provided at Point a, Clause 2, Article 16 of the Law on Judicial Expertise must have the following principal details:

a/ Full name; date of birth; place of permanent residence registration; and ID number of the applicant;

b/ Full names of partnership members or capital contributing members;

c/ Name and address of the office;

d/ Fields of judicial expertise;

dd/ Commitments to observing law during the operation process.

2.   The draft organization and operation regulation provided at Point c, Clause 2, Article 16 of the Law on Judicial Expertise of a judicial expertise office operating as a private enterprise must have the following principal contents:

a/ Name and address of the office

b / Fields of judicial expertise;

c/ Full name; date of birth; place of permanent residence registration; and ID number of the office’s at-law representative;

d/ List of judicial experts working on a contractual basis (if any);

dd/ Provisions on employment of judicial experts;

e/ Rights and obligations of the office;

g/ Information and reporting regime;

h/ Effect.

3.   In addition to the contents provided in Clause 2 of this Article, the draft organization and operation regulation of a judicial expertise office operating as a partnership must have the following principal details:

a/ Full names of partnership members or capital contributing members (if any);

b/ Capital portions contributed by partnership members and capital-contributing members (if any);

c/ Rights and obligations of partnership members and capital-contributing members (if any);

d/ Organizational and managerial structure;

dd/ Mode of approving the office’s decisions;

e/ Grounds and methods for determining remuneration, salaries and bonuses for partnership members, capital contributing members and employees;

g/ Principles on settlement of internal disputes and profit sharing;

h/ Cases of operation termination and asset liquidation procedures;

i/ Mode of amending and supplementing the Regulation;

k/ Full names and signatures of partnership members;

1/ Other contents agreed between partnership member which are not contrary to law.

Article 14. Applications for operation registration and operation registration certificates of judicial expertise offices

1.   The application for operation registration of a judicial expertise office provided at Point a, Clause 2, Article 17 of the Law on Judicial Expertise must have the following principal contents:

a/ Serial number of the decision permitting the establishment of the office;

b/ Name and abbreviated name (if any) of the office;

c/ Address of the office;

d/ Full name; date of birth; place of permanent residence registration; and ID number of the office’s at-law representative;

dd/ Fields of judicial expertise;

e/ List of partnership members of the office (if any).

2.   The operation registration certificate of a judicial expertise office shall be made in 2 copies, one to be granted to the judicial expertise office and other, preserved at the provincial-level Justice Department. The operation registration certificate of a judicial expertise office has the following principal contents:

a/ Serial number and date of issuance of the certificate;

b/ Name of the office, serial number of the decision permitting the* establishment of the office;

c/ Address of the office;

d/ Fields of judicial expertise;

dd/ Full name of the office’s at-law representative;

e/ Full names and places of permanent residence registration of partnership members (if any).

Article 15. Change of operation registration contents and re-grant of operation registration certificates of judicial expertise offices

1. Operation registration certificates of judicial expertise offices will be re-granted when the office change their names, addresses, at-law representatives or partnership members.

Within 5 working days after changing its name, address, at-law representative or partnership member, a judicial expertise office shall send an application for re-grant of the operation registration certificate, enclosed with the granted certificate, to the provincial-level Justice Department with which it has made operation registration.

Within 5 working days after receiving a valid dossier, provincial-level Justice Department shall consider and re-grant the operation registration certificate to the judicial expertise office. In case of refusal to re-grant the operation registration certificate, the provincial-level Justice Department shall make a written notice clearly stating the reason. Judicial expertise offices whose applications for re-grant of operation registration certificates are rejected may lodge complaints or initiate lawsuits in accordance with law.

2.   In case their operation registration certificates are damaged or lost, judicial expertise offices will be re-granted new ones.

Judicial expertise offices shall send applications for re-grant of operation registration certificates to provincial-level Justice Departments with which they have made operation registration and prove the damage or loss of their operation registration certificates.

Within 5 working days after receiving a valid dossier, the provincial-level Justice Department shall consider and re-grant the operation registration certificate to the judicial expertise office concerned. Judicial expertise offices whose applications for re-grant of operation registration certificates are rejected may lodge complaints or initiate lawsuits in accordance with law.

3.   An application for re-grant of the operation registration certificate must have the details specified at Clause I, Article 14 of this Decree.

Article 16. Announcement and publishing on newspapers of operation registration contents of judicial expertise offices

1.   Within 15 days after granting or re- granting an operation registration certificate to a judicial expertise office, a provincial- level Justice Department shall notify in writing operation registration contents to the provincial- level tax department, statistics office and police department and the district and commune-level People’s Committee of the locality where the judicial expertise office is located.

2.   Within 30 days after being granted the operation registration certificate, the judicial expertise office shall publish on 3 consecutive issues of a central newspaper or a newspaper of the locality where it has made operation registration the following contents:

a/ Its name and address;

b/ Full name of the office’s at-law representative;

c/ Serial number and date of issuance of the operation registration certificate and place of operation registration.

3.   A judicial expertise office which is re- granted the operation registration certificate shall publish on newspapers changes in the operation registration certificate.

Article 17. Change and supplementation of judicial expertise offices’ fields of expertise

1.   A judicial expertise office which changes or supplement fields of expertise shall send to the provincial- level Justice Department with which it has made operation registration an application, enclosed with the scheme on change or supplementation of fields of expertise, as provided at Point b, Clause 3 of this Article.

2.   Within 30 days after receiving a valid dossier, the provincial-level Justice Department director shall consider, appraise and reach agreement with heads of professional agencies managing relevant fields of expertise of the provincial-level People’s Committee, and then submit the dossier to the provincial- level People’s Committee chairperson for consideration and decision.

Within 15 working days after the date of dossier submission by the provincial- level Justice Department, the provincial- level People’s Committee chairperson shall consider and decide to permit the change or supplementation of fields of expertise. If refusing to permit the change or supplementation of fields of expertise, the provincial-level People’s Committee chairperson shall make a written notice clearly stating the reason. Judicial expertise offices whose applications for change or supplementation of fields of expertise are rejected may lodge complaints or initiate lawsuits in accordance with law.

3.   A dossier of application for change or supplementation of fields of expertise of a judicial expertise office comprises:

a/ An application for change or supplementation of fields of expertise;

b/ The scheme on change or supplementation of fields of expertise, clearly stating the conditions on manpower, physical foundations and expertise equipment and facilities as provided by the ministries or ministerial- level agencies managing relevant fields of expertise and an implementation plan suitable to the change or supplementation of fields of expertise;

c/ A copy of the decision on appointment of judicial experts in conformity with the change or supplementation of fields of expertise;

d/ The granted decision permitting the establishment of the judicial expertise office.

4.   Within 1 year after being permitted by the provincial-level People’s Committee chairperson to change or supplement fields of expertise' the judicial expertise office shall register such change or supplementation with the provincial-level Justice Department; past the above-said time limit, if the judicial expertise office still fails to register the change or supplementation of fields of expertise, the decision permitting the change or supplementation of fields of expertise will become invalid.

5.   The dossier, order and procedures for registration of change or supplementation of fields of expertise comply with Article 17 of the Law on Judicial Expertise and relevant provisions of this Decree.

Article 18. Rights and obligations of judicial expertise offices

1.   Judicial expertise offices may:

a/ Hire judicial experts and employees to work for them;

b/ Collect judicial expertise charges in accordance with law;

c/ Provide extrajudicial expertise services at the request of individuals and organizations;

d/ Enjoy tax incentives provided in Article 22 of this Decree.

2.   Judicial expertise offices shall:

a/ Publicly post up judicial expertise charges;

b/ Implement the social insurance and health insurance regime for their employees in accordance with law;

c/ Observe the laws on labor, tax, finance and statistics; and comply with competent state agencies’ examination and inspection requests;

d/ Annually, report to provincial-level Justice Departments and provincial-level People’s Committees’ professional agencies on judicial expertise activities in accordance with law.

dd/ Pay operation registration fees at the rates of business registration fee applicable to enterprises and as prescribed by relevant law.

3.   Rights and obligations are prescribed by the Law on Judicial Expertise, the law on legal procedures and other relevant laws.

Article 19. Conversion of operational forms of judicial expertise offices

1.   A judicial expertise office which wishes to convert its operational form from private enterprise into partnership or vice versa shall send an application dossier to the provincial- level Justice Department with which it has made operation registration.

2.   A dossier of application for conversion of a judicial expert office’s operational form comprises:

a/ An application;

b/ The scheme on conversion of the operational form, clearly stating the reason for conversion, the organization and operation of the judicial expertise office counting up to the expected date of conversion, and tentative organizational structure, name, location, personnel, physical foundation and expertise equipment and facilities;

c/ A copy of the decision on appointment of judicial experts who are partnership members of the office;

d/ The decision permitting the establishment of the office;

dd/ The draft of the new organization and operation charter of the office.

3.   Within 7 working days after receiving a valid dossier provided in Clause 2 of this Article, the provincial-level Justice Department shall propose the provincial- level People’s Committee chairperson to consider and permit the conversion of the judicial expertise office’s operational form. In case of refusal, the provincial-level Justice Department shall make a written notice clearly stating the reason. Judicial expertise offices whose applications for conversion of the operational form are rejected may lodge complaints or initiate lawsuits in accordance with law.

4.   Within 10 days after receiving a valid dossier, the provincial-level People’s Committee chairperson shall consider and decide to permit the conversion of the office’s operational form. In case of refusal, the provincial-level People’s Committee chairperson shall make a written notice clearly stating the reason. Judicial expertise offices whose applications for conversion of the operational form are rejected may lodge complaints or initiate lawsuits in accordance with law.

5.   Within 15 days after receiving the decision permitting the conversion, the judicial expertise office shall make operation registration at the provincial-level Justice Department. When making registration, the office shall submit an application for operation registration, a copy of the decision permitting the conversion of the operational form and documents proving its satisfaction of conditions for assurance of its operation under the scheme provided at Point b, Clause 2 of this Article.

Within 7 working days after receiving a valid dossier, the provincial-level Justice Department shall grant the operation registration certificate to the judicial expertise office. In case of refusal, the provincial-level Justice Department shall make a written notice, clearly stating the reason. Judicial expertise offices whose applications for grant of operation registration certificates are rejected may lodge complaints or initiate lawsuits in accordance with law.

6. A judicial expertise office which converts its operational form may operate from the date it is granted an operation registration certificate by the provincial-level Justice Department; may inherit all rights and obligations and shall preserve all files and documents of the former judicial expertise office.

Article 20. Revocation of operation registration certificates of judicial expertise offices

1.   A judicial expertise office has its operation registration certificate revoked when falling into any of the following cases:

a/ No longer having sufficient judicial experts as prescribed;

b/ Conducting judicial expertise in unregistered fields;

c/ Committing serious violations or relapsing into an administrative violation after having been twice sanctioned for such violation;

d/ Other cases as prescribed by law.

2.   Directors of provincial-level Justice Departments shall issue decisions to revoke operation registration certificates of judicial expertise offices within 7 working days after they detect a violation prescribed in Clause 1 of this Article.

Provincial-level Justice Departments shall notify in writing agencies and organizations specified in Clause 1, Article 16 of the revocation of operation registration certificates of judicial expertise offices.

Article 21. Termination of operation of judicial expertise offices

1.   The operation of a judicial expertise office shall be terminated in any of the following cases:

a/ The office terminates operation at its own will;

b/ The office has its operation registration certificate revoked under Article 20 of this Decree.

2.   In case of operation termination under Point a, Clause 1 of this Article, at least 30 days before the expected date of operation termination, a judicial expertise office shall send a written report to the provincial-level Justice Department with which it has made operation registration.

The judicial expertise office shall complete judicial expertise solicitations or requests it has accepted, pay debts and carry out procedures to terminate labor contracts signed with employees and publish information on the expected time of termination registration on 2 consecutive issues of a central or local newspaper.

The provincial-level Justice Department shall notify in writing the operation termination of the judicial expertise office to agencies and organizations specified in Clause 1, Article 16 of this Decree.

3.   In case the operation of a judicial expertise office is terminated under Point b, Clause 1 of this Article, within 7 working days after the date of revoking the operation registration certificate, the provincial-level Justice Department shall notify such in writing to the agencies and organizations specified in Clause 1, Article 16 of this Decree.

The judicial expertise office shall pay debts and carry out procedures to terminate labor contracts signed with employees and publish information operation termination on 2 consecutive issues of a central or local newspaper; and transfer judicial expertise case files to the provincial-level Justice Department with which it has made operation registration.

For expertise requests already accepted but not yet implemented, the judicial expertise office shall return dossiers, to-be-expertised objects and refund expertise charges already collected from expertise solicitators or requesters.

4.   Provincial- level Justice Departments shall propose provincial-level People’s Committee chairpersons to revoke decisions permitting the establishment of judicial expertise offices in the cases of operation termination specified in Clause 1 of this Article.

Article 22. Policies toward judicial expertise offices

Judicial expertise offices are entitled to tax incentives in accordance with the tax law.

Chapter IV

PUBLICIZATION OF LISTS OF AD-HOC JUDICIAL EXPERTISE PERFORMERS AND AD-HOC JUDICIAL EXPERTISE INSTITUTIONS

Article 23. Time for publicizing lists of ad- hoc judicial expertise performers and ad-hoc judicial expertise institutions

1.   Ministries, ministerial-level agencies and provincial-level People’s Committees specified in Clause 1, Article 20 of the Law on Judicial Expertise shall review, select, elaborate and publicize lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions before November 30 every year.

2.   When there are changes in information relating to ad-hoc judicial expertise performers or ad-hoc judicial expertise institutions already publicized, ministries, ministerial- level agencies and provincial-level People’s Committees shall modify the lists and notify such modifications to the Ministry Q| Justice within 7 working days after modifications are

made.

Article 24. Information on ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions to be publicized

1.       Information on an ad-hoc judicial expertise performer to be publicized under Article 23 of this Decree includes:

a/ Full name; b/ Date of birth;

d Place of working or residence:

d/ Professional fields;

dd/ Experience in professional activities and judicial expertise activities.

2.   Information on an ad-hoc judicial expertise institution to be publicized as provided in Article 23 of this Decree includes:

a/ Name of the institution;

b/ Serial number and date of issuance of the institution’s establishment decision;

d Address of the institution;

d/ Professional fields;

dd/ Experience in professional activities and judicial expertise activities.

Chapter V

REGIMES TOWARD JUDICIAL EXPERTISE PERFORMERS AND

PERSONS ENGAGED IN JUDICIAL EXPERTISE

Article 25. Judicial expertise entitlements

1.   The judicial expertise entitlements specified in Article 37 of the Law on Judicial Expertise are applied to the following persons:

a/ Judicial experts and ad-hoc judicial expertise performers who are salaried by the state budget for performing judicial expertise;

b / Assistants of judicial expertise performers who are salaried by the state budget, including: attendants, technicians, medical workers and criminal investigation technicians engaged in post-mortem examination, dissection or exhumation and other persons who are assigned by heads of institutions solicited to perform judicial expertise or by judicial expertise performers in charge of coordinating expertise activities.:

c/ Investigators, prosecutors and judges assigned by competent state agencies to be present and perform tasks during the expertise process, in case of post-mortem examination, dissection or exhumation.

2.   Organizations which are solicited or requested to conduct expertise shall use judicial expertise charges collected from expertise solicitors or requesters to pay expertise entitlements to the persons specified at Points a and b, Clause 1 of this Article.

Procedure-conducting agencies which solicit expertise shall use investigation, prosecution and adjudication expenses allocated within their annual budget estimates to pay expertise entitlements to the persons specified at Point c, Clause 1 of this Article.

3.   The Prime Minister shall specify the levels of judicial expertise entitlements.

Article 26. Allowances for judicial expertise performers

Judicial experts salaried by the state budget and working in the fields of forensic medicine, forensic psychiatry and criminal techniques are entitled to the responsibility allowance for judicial expertise activities.

Judicial experts of public judicial expertise institutions operating in the fields of forensic medicine and forensic psychiatry of health sector are entitled to the occupation-based preferential allowance.

Chapter VI

STATE MANAGEMENT OF JUDICIAL EXPERTISE

Article 27. Tasks and powers of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Ministries and ministerial-level agencies have the following tasks and powers:

a/ The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Justice in, promulgating the Regulation on coordination among provincial-level forensic medicine centers, criminal technique sections under provincial-level Police Departments and related agencies in receiving forensic expertise solicitations and conducting forensic medical expertise.

b/ The Ministry of Health shall stipulate agencies and organizations in charge of providing training and retraining for grant of professional certificates of forensic medical expertise and forensic psychiatric expertise as provided at Point c, Clause 1, Article 7 of the Law on Judicial Expertise as well as training and retraining contents and time;

The Ministry of Public Security shall stipulate agencies and organizations in charge of providing trailing or retraining for grant of professional certificates of criminal expertise as provided at Point c, Clause 1, Article 7 of the Law on Judicial Expertise as well as training and retraining contents and time.

c/ The Ministry of Health shall consolidate the organization and operation of the National Institute of Forensic Medicine and the Central Institute of Forensic Psychiatry; establish and assure necessary conditions for operations of regional forensic psychiatry centers; and provide guidance on the organizational structure and apparatus of provincial-level forensic medicine centers in accordance with the Law on Judicial Expertise and this Decree;

The Ministry of Public Security shall consolidate the organization and operation of the Institute of Criminal Sciences and criminal technique sections under provincial-level Police Departments in accordance with the Law on Judicial Expertise and this Decree.

The Ministry of National Defense shall consolidate the organization and operation of the Army Institute of Forensic Medicine and the Criminal Expertise Division under the Ministry of National Defense in accordance with the Law on Judicial Expertise and this Decree;

d/ The Ministry of Health shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and requesting competent state agencies to provide, professional codes or titles of full- time judicial experts and persons engaged in judicial expertise of public judicial expertise institutions operating in the fields of forensic medicine and forensic psychiatry; monitor, urge, summarize and report to the Prime Minister on the implementation of preferential regimes and policies towards full-time judicial experts and persons engaged in judicial expertise of public judicial expertise institutions operating in the fields of forensic medicine and forensic psychiatry;

dd/ The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, examining and inspecting forensic expertise activities in public security sector. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, examining and inspecting criminal technical expertise activities in the Army;

e/ Ministries and ministerial-level agencies shall promulgate regulations on judicial expertise in the fields under their management. In case ministries or ministerial-level agencies do not promulgate separate regulations on judicial expertise, they shall guide the application of professional regulations to judicial expertise activities in the fields under their management;

g/ Annually, ministries and ministerial- level agencies shall review and post up the lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions on their web portals; and send such lists to the Ministry of Justice for making modifications to the general list;

h/ Ministries and ministerial-level agencies shall elaborate criteria on evaluation of operational quality of judicial expertise performers, public judicial expertise institutions and ad-hoc judicial expertise institutions under their management;

Annually, based on criteria on evaluation of operational quality, ministries and ministerial- level agencies shall evaluate operational quality of judicial expertise performers, public judicial expertise institutions and ad- hoc judicial expertise institutions under their management.

2. Provincial-level People’s Committees have the following tasks and powers:

a/ To consolidate the organization and operation of provincial-level forensic medicine centers in accordance with the Law on Judicial Expertise, this Decree and other relevant laws;

b/ Annually, to review and post up to their web portals lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions and concurrently send such lists to the Ministry of Justice for making modifications to the general list;

c/ Annually, based on the criteria on evaluation of operational quality, to evaluate operational quality of judicial expertise performers, public judicial expertise institutions and ad-hoc judicial expertise

institutions in their localities.

Article 28. Tasks and powers of provincial- level Justice Departments and professional agencies under provincial-level People’s Committees

1. Provincial-level Justice Departments have the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with professional agencies of provincial-level People’s Committees in charge of managing relevant fields of judicial expertise in, appraising dossiers of application for establishment of judicial expertise offices, conversion of operational form and change or supplementation of fields of expertise of judicial expertise offices for submission to provincial- level People’s Committees for consideration and decision; assume the prime responsibility for, and coordinate with professional agencies of provincial-level People’s Committees in, registering the operation of judicial expertise offices;

b/ To assume the prime responsibility for, or coordinate with professional agencies of provincial-level People’s Committees in charge of managing relevant fields of judicial expertise in, organizing legal knowledge training for judicial experts in their localities;

c/ To coordinate with provincial-level Health Departments in elaborating schemes on establishment and consolidation of public judicial expertise institutions operating in the field of forensic medicine for submission to provincial-level People’s Committees;

d/ To coordinate with provincial-level People’s Committees’ professional agencies in charge of managing relevant fields of judicial expertise in proposing provincial-level People’s Committees to appoint or dismiss judicial experts in their localities;

dd/ To coordinate with provincial-level People’s Committees’ professional agencies in charge of managing relevant fields of judicial expertise in selecting and making lists of ad- hoc judicial expertise performers and ad-hoc judicial expertise institutions for submission to provincial-level People’s Committees for publicization;

e/ Annually, to assume the prime responsibility for, or coordinate with provincial-level People’s Committees’ professional agencies in charge of managing relevant fields of judicial expertise in, evaluating the quality of judicial expertise activities in the localities; to propose to provincial-level People’s Committees measures for assuring the quantity and quality of judicial expertise performers so as to promptly and satisfactorily fulfill expertise requests to serve procedure activities in their localities;

g/ To assume the prime responsibility for, or coordinate with provincial-level People’s Committees’ professional agencies in charge of managing relevant fields of judicial expertise in, examining, inspecting and settling complaints and denunciations about judicial expertise activities according to their competence;

h/ Annually, to report to the Ministry of Justice and provincial-level People’s Committees on judicial expertise institutions and activities in their localities.

2. Professional agencies of provincial-level People’s Committees have the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with provincial-level Justice Departments in, selecting and proposing provincial-level People’s Committees to appoint or dismiss judicial experts;

b/ To assume the prime responsibility for, and coordinate with provincial-level Justice Departments in, selecting and making lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions for submission to provincial-level People’s Committees for publicization;

c/ To estimate funds for operations of public judicial expertise institutions under their management;

d/ To assume the prime responsibility for, and coordinate with provincial-level Justice Departments in, organizing professional training for judicial experts in their localities;

dd/ To assume the prime responsibility for, or coordinate with provincial-level Justice Departments in, examining and inspecting the observance of the law on judicial expertise; to settle complaints and denunciations according to their competence;

e/ To coordinate with provincial-level Justice Departments in appraising dossiers of application for establishment of judicial expertise offices, conversion of operational form or change or supplementation of fields of expertise and registration of operation of judicial expertise offices.

g/ Annually, to report to ministries or ministerial-level agencies managing fields of judicial expertise and provincial-level People’s Committees on judicial expertise institutions and activities in the fields under their management; and concurrently, send these reports to provincial-level Justice Departments for summarization;

hi In addition to the tasks and powers specified at Points a, b, c, d, dd, e and g, Clause 2 of this Article, provincial-level Health Departments shall assume the prime responsibility for, and coordinate with provincial-level Justice Departments in, proposing provincial- level People’s Committees to establish and consolidate provincial-level forensic medicine centers.

Chapter VII : IMPLEMENTATION PROVISIONS

Article 29. Transitional provisions

1.   Re-appointment in not required for judicial experts who were appointed under the Ordinance on Judicial Expertise and the Government’s Decree No. 67/2005/ND-CP of May 19,2005, detailing a number of articles of the Ordinance on Judicial Expertise.

2.   Pending new regulations, persons eligible for the judicial expertise entitlements provided in Clause 1, Article 25, judicial experts eligible for the allowances provided in Article 26 of this Decree continue enjoying judicial expertise entitlements, occupation-based preferential allowances and other allowances, if any, as currently prescribed.

3.   In case criminal technique sections under provincial-level Police Departments have accepted solicitations for forensic expertise of objects other than corpses, and started the expertise before January 1, 2013, but have not yet finished the expertise, they may continue expertise activities so as to fulfill the solicitations.

4.   Regional forensic psychiatry centers must be established within 2 years after the effective date of the Law on Judicial Expertise.

Local forensic psychiatric expertise institutions set up and operating under the Ordinance on Judicial Expertise may continue operating until regional forensic psychiatry centers are established and put into operation.

5.   Provisions on judicial expertise fees in each field of judicial expertise are applied until they are replaced by specific regulations on judicial expertise expenses.

Article 30. Effect

1.   This Decree takes effect on September 15,2013.

2.   Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons shall implement this Decree.

People’s Committees of provinces and cities where regional forensic psychiatry centers are based shall create necessary conditions for the establishment and operation of regional forensic psychiatry centers at the request of the Ministry of Health.

3.   The Ministry of Justice, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and related ministries and ministerial- level agencies shall, based on their functions, tasks and powers, guide the implementation of this Decree.-

On behalf of the Government

Prime Minister

NGUYEN TAN DUNG