Nghị định 85/2013/NĐ-CP hướng dẫn thi hành Luật giám định tư pháp

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 85/2013/ND-CP	Hanoi, July 29, 2013

 

DECREE

STIPULATING IN DETAIL AND MEASURES TO IMPLEMENT THE LAW ON JUDICIAL EXPERTISE

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

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

Pursuant to Ordinance on costs of expertise and valuation, costs of witness and interpreter in legal proceedings dated March 28, 2012;

At the proposal of the Minister of Justice;

The Government issues the Decree stipulating in detail and measures to implement the Law on Judicial Expertise;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree stipulates the organization, functions and duties of public judicial expertise organization; the establishment and operation registration of judicial expertise office; preferential policies for the judicial expertise office, publication of list of judicial expert ad hoc, judicial expertise organization ad hoc; duties and powers of the ministries, ministerial-level agencies, People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as provincial-level People's Committee) for the operation of judicial expertise.

Chapter 2.

PUBLIC JUDICIAL EXPERTISE ORGANIZATION

Article 2. Public judicial expertise organization

1. The public judicial expertise organization performs its judicial expertise at the request of expertise solicitor and expertise requester as prescribed by the Law on judicial expertise and performs extrajudicial expertise services at the request of organizations and individuals.

The Ministry of Health, Ministry of Public Security, Ministry of Defense and other ministries, ministerial-level agencies specify the performance of extrajudicial expertise services of the public judicial expertise organization under their sectors.

2. The Ministry of Health, Ministry of Public Security, Ministry of Defense and other ministries, ministerial-level agencies specify the working regulation of the public judicial expertise organization under their sectors to ensure the timely receipt of solicitation, request and implementation of judicial expertise.

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

1. The National Institute of Forensic Medicine has its functions and duties as follows:

a) Performing forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Developing regulations on forensic examination for submission to the Ministry of Health for issuance;

c) Developing programs and materials and organizing the guidance on fostering forensic professional ability;

d) Guiding, directing and examining forensic professional ability for forensic examination organizations nation-wide as prescribed by the Ministry of Health;

dd) Doing scientific research on specialized forensics;

e) Performing activities in terms of international cooperation on forensic medicine as prescribed by the Ministry of Health;

g) Summarizing and making annual report to the Ministry of Health and the Ministry of Justice on organization and activities of forensic examination and proposing measures to improve the efficiency of forensic expertise activities;

h) Other duties as prescribed 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 expertise must be judicial experts and appointed by the Minister of Health.

3. The National Institute of Forensic Medicine is the public non-business unit operating under the provisions of the Law on judicial expertise, this Decree and other regulations of relevant laws.

Article 4. Provincial-level forensic center

1. Provincial-level forensic centers have their functions and duties as follows:

a) Performing forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on specialized forensics;

c) Making annual report to Service of Health and Service of Justice on organization and activities of forensic examination in provincial area while sending report to the National Institute of Forensic Medicine

d) Other duties prescribed by provincial-level People’s Committee;

2. The provincial-level forensic Center has a Director and Deputy Directors. The Director and Deputy Directors in charge of professional expertise must be judicial experts. Director of Service of Health shall appoint the provincial-level forensic Center and inform Service of Justice of the appointment.

3. The provincial-level forensic Center is a public non-business unit operating under the provisions of the Law on judicial expertise, this Decree and other regulations of relevant laws.

Article 5. Military forensic institute under the Ministry of Defense

1. The military forensic institute has its functions and duties as follows:

a) Performing forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on specialized forensics;

c) Performing activities in terms of international cooperation on forensic medicine as prescribed by the Ministry of Defense;

d) Summarizing and making annual report to the Ministry of Health, Ministry of Justice on organizing activities of forensic examination in the army and also to the National forensic Institute;

dd) Other duties as prescribed by the Minister of Defense.

2. The military forensic institute has Director and Deputy Directors. The Director and Deputy Directors in charge of professional expertise must be judicial experts;

The appointment of Director and Deputy Directors of the military forensic Institute complies with regulations of the Minister of Defense.

Article 6. Forensic examination center under the Institute of Criminal Science, Ministry of Public Security

1. The forensic examination Center under the Institute of Criminal Science, Ministry of Public Security has its functions and duties as follows:

a) Performing forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on specialized forensics;

c) Other duties as prescribed by the Minister of Public Security.

2. The forensic examination Center under the Institute of Criminal Science, Ministry of Public Security has Director and Deputy Directors. The Director and Deputy Directors in charge of professional expertise must be judicial experts;

The appointment of Director and Deputy Directors of the forensic examination Center 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 its functions and duties as follows:

a) Performing the psychiatric forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Developing regulations on psychiatric forensic examination for submission to the Minister of Health;

c) Developing programs, materials and organizing the guidance on fostering psychiatric forensic professional ability;

d) Guiding, directing and inspecting the psychiatric forensic professional ability

dd) Doing scientific research on psychiatric specialized forensics;

e) Performing activities in terms of international cooperation on psychiatric forensic medicine as prescribed by the Ministry of Health;

g) Summarizing and making annual report to the Ministry of Health and the Ministry of Justice on organization and activities of psychiatric forensic examination and proposing measures to improve the efficiency of psychiatric forensic expertise activities;

h) Other duties as prescribed 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 expertise must be judicial experts and appointed by the Minister of Health.

3. The Central Institute of Forensic Psychiatry is the public non-business unit operating under the provisions of the Law on judicial expertise, this Decree and other regulations of relevant laws.

Article 8. Area psychiatric forensic center under the Ministry of Health

1. The area psychiatric forensic center has its functions and duties as follows:

a) Performing forensic examination as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on psychiatric specialized forensics;

c) Making report to the Ministry of Health on the organization and psychiatric forensic examination while submitting annual report to the Central Institute of Forensic Psychiatry

d) Other duties as prescribed by the Minister of Health.

2. The area psychiatric forensic center has a Director and Deputy Directors. The Director and Deputy Directors in charge of professional expertise must be judicial experts and appointed by the Minister of Health.

3. The area psychiatric forensic center is a public non-business unit operating under the provisions of the Law on judicial expertise, this Decree and other regulations of relevant laws.

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

1. The Institute of Criminal Science has its functions and duties as follows:

a) Performing the forensic criminal technical expertise as prescribed by the procedural law and the Law on judicial expertise;

b) Developing regulations on criminal technical expertise for submission to the Minister of Public Security for promulgation;

c) Developing programs and materials and organizing the guidance on fostering criminal technical professional ability;

d) Guiding, directing and inspecting the criminal technical professional ability for the criminal technical expertise organizations nation-wide as prescribed by the Ministry of Public Security.

dd) Doing scientific research on specialized forensic and criminal techniques;

e) Performing activities in terms of international cooperation on psychiatric forensic medicine as prescribed by the Ministry of Public Security;

g) Summarizing and making annual report to the Ministry of Public Security and the Ministry of Justice on organization and activities of criminal technical expertise; summarizing and making report to the Ministry of Public Security, Ministry of Health and Ministry of Justice on organization and forensic activities in the public security sector and also to the National Institute of Forensic Medicine and proposing measures to improve the efficiency of forensic and criminal technical expertise activities;

h) Other duties as prescribed by the Minister of Public Security.

2. The Institute of Criminal Science has a Director and Deputy Directors. The Director and Deputy Directors in charge of professional expertise must be judicial experts and are appointed under the regulations of the Minister of Public Security.

Article 10. Criminal technical expertise Division under provincial-level Public Security

1. The criminal technical expertise Division has its functions and duties as follows:

a) Performing criminal technical expertise as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on specialized criminal technique;

c) Making a report to provincial-level Public Security and Service of Justice on organization and activities of criminal examination; making a report to provincial-level Public Security and Service of Justice and the National Institute of Forensic Medicine on mortem forensic examination and also to the Institute of Criminal Science;

d) Other duties as prescribed by the Ministry of Public Security.

2. The criminal technical expertise Division under the provincial-level Public Security has the Head and Deputy Heads.  The Head and Deputy Heads in charge of professional expertise must be judicial experts and appointed under the regulations of the Minister of Public Security.

Article 11. Criminal technical expertise Division under the Ministry of Defense

1. The criminal technical expertise Division has its functions and duties as follows:

a) Performing the criminal technical expertise as prescribed by the procedural law and the Law on judicial expertise;

b) Doing scientific research on specialized criminal technique;

c) Summarizing and making annual report to the Ministry of Defense on organization and criminal technical activities and also to the Institute of Criminal Science under the Ministry of Public Security;

d) Other duties as prescribed by regulations of the Minister of Defense.

2. The Criminal technical expertise Division under the Minister of Defense has the Head and Deputy Heads. The Head and Deputy Heads in charge of professional expertise must be judicial experts and appointed under the regulations of the Minister of Public Security.

Chapter 3.

JUDICIAL EXPERTISE OFFICE

Article 12. Judicial expertise office

1. The judicial expertise Office is organized and operating under the provisions of the Law on Judicial Expertise, Enterprise Law, this Decree and other regulations of relevant laws.

2. For the judicial expertise Office operating under the type of partnership, then its members must be judicial experts. The judicial expertise Office may have capital contributors.

3. The name of judicial expertise Office includes the phrase “Judicial expertise Office” followed by a proper name. The naming and attachment of signboard of Office comply with regulations of law.

4. The judicial expertise Office has its separate head office, seal and account as prescribed by law.

Article 13. Application for establishment, draft Regulation on organization and operation of the judicial expertise Office

1. Application for establishment of the judicial expertise Office specified at Point a, Clause 2, Article 16 of the Law on judicial expertise must have the main contents as follows:

a) Full name, date of birth, place of permanent residence registration, identity card number of the person asking for the establishment of the Office;

b) Full name of partners and capital contributors;

c) Name and expected address of the Office;

d) Area of judicial expertise;

dd) Commitment to compliance with law in the course of operation.

2. Draft Regulation on organization and operation of the judicial expertise Office specified at Point the certification Organization, Clause 2, Article 16 of the Law on judicial expertise operating in the form of private enterprise must have the following main contents:

a) Name and expected of the Office;

b) Area of judicial expertise;

c) Full name, date of birth, place of permanent residence registration, identity card number of the legal representative of the Office;

d) List of judicial experts working under the contract (if any);

dd) Regulations on the employment of judicial experts;

e) Rights and obligations of the Office;

g) Regulations on information and report;

h) Effect.

3. In addition to the contents specified in Clause 2 of this Article, the draft Regulation on organization and operation of the judicial expertise Office operating in the form of partnership also has the following main contents:

a) Full name of partners and capital contributor (if any);

b) Contributed capital of partners and capital contributor (if any);

c) Rights and obligations of partners and capital contributor (if any);

d) Management structure;

dd) Procedures for passing Office’s decision;

e) Grounds and methods of determining compensation, salary and bonus for partners, capital contributors and employees;

g) Principles to settle internal disputes and profit division;

h) Cases of termination of operation and procedures for asset disposal;

i) Procedures for amending and supplementing the Regulation;

k) Full name and signatures of partners;

l) Other contents agreed by the partners not in contradiction with regulations of law.

Article 14. Application for operation registration, Operation registration Certificate of judicial expertise Office

1. Application for operation registration of judicial expertise Office specified at Point a, Clause 2, Article 17 of the Law on judicial expertise must have the following main contents:

a) Decision number on Office’s establishment;

b) Full name of Office and abbreviated name (if any);

c) Address of Office’s head office;

d) Full name, date of birth, place of permanent residence registration, identity card number of the legal representative of the Office;

dd) Area of judicial expertise;

e) List of Office’s partners (if any).

2. Operation registration Certificate of judicial expertise Office

a) Certificate of registration number, date, month and year of issuance of Operation registration Certificate;

b) Office’s name, decision number on Office’s establishment;

c) Address of Office’s headquarters;

d) Area of judicial expertise;

dd) Full name of Office’s legal representative;

e) Full name, place of registration of permanent residence of the partners (if any).

Article 15. Modification of operation registration, re-issuance of Operation registration Certificate of judicial expertise Office

1. When modifying name, address of head office and legal representative of Office, list of partners, the judicial expertise Office is re-issued the Operation registration Certificate.

Within 05 working days, after the modification of name, address of head office and legal representative of Office, list of partners, the judicial expertise Office has to submit application for re-issuance of Operation registration Certificate together with the old Operation registration Certificate to Service of Justice where the operation registration has been done.

Within 05 working days, after receiving valid dossier, the Service of Justice shall review and re-issue Operation registration Certificate to the judicial expertise Office. In case of failing to re-issue Operation registration Certificate, the Service of Justice shall notify in writing specifying the reasons. The judicial expertise Office which is rejected with the issuance of Operation registration Certificate may lodge complaint and initiate lawsuit as prescribed by law.

2. If the Operation registration Certificate is damaged or lost, the judicial expertise Office shall be re-issued with Operation registration Certificate;

The judicial expertise Office has to submit application for the re-issuance of Operation registration Certificate to Service of Justice where its operation has been registered to prove that the Operation registration Certificate has been damaged or lost.

Within 05 working days, after receiving valid dossier, the Service of Justice shall review and re-issue Operation registration Certificate to the judicial expertise Office. In case of failing to re-issue Operation registration Certificate, the Service of Justice shall notify in writing specifying the reasons. The judicial expertise Office which is rejected with the issuance of Operation registration Certificate may lodge complaint and initiate lawsuit as prescribed by law.

3. Application for re-issuance of Operation registration Certificate must have the contents specified in Clause 1, Article 14 of this Decree.

Article 16. Notification and publication on the contents of operation registration

1. Within 15 days after the issuance or re-issuance of Operation registration Certificate, the Service of Justice shall notify in writing the contents of operation registration of the judicial expertise Office to the tax agency, statistics agency, provincial-level Public Security agency, district-level People’s Committee and communal-level People’s Committee where the judicial expertise Office is located.

2. Within 30 days after being issued with the Operation registration Certificate, the judicial expertise Office has to publish on the Central or local newspapers where the operation has been registered in three consecutive issues of the following contents:

a) Name, address of Office’s headquarters;

b) Full name of Office’s legal representative;;

c) Number, date, month and year of issuance of Operation registration Certificate, place of operation registration;

3. If being issued with Certificate of operation registration, the judicial expertise Office has to publish on newspapers the changes of content in the Certificate of operation registration.

Article 17. Modification and supplementation of area of expertise of judicial expertise Office

1. The judicial expertise Office modifying and supplementing area of expertise has to submit application to the Service of Justice where the judicial expertise Office has registered its operation together with the plan for modification and supplementation of area of expertise specified at Point b, Clause 3 of this Article.

2. Within 30 days after receiving valid dossier, the Director of Service of Justice shall review, appraise and agree with the head of the specialized agency of the provincial-level People's Committee managing the field of judicial expertise for submission to Chairman of provincial-level People's Committee for consideration and decision.

Within 15 days after the Service of Justice has submitted dossiers, Chairman of provincial-level People's Committee shall review and make a decision on permitting the modification and supplementation of area of expertise. If the modification and supplementation are not permitted, there must be a written notice specifying the reasons. The judicial expertise Office which is rejected with modification and supplementation of area of expertise may lodge complaint or initiate lawsuit as prescribed by law.

3. Dossier to request the modification and supplementation of area of expertise of the judicial expertise Office includes:

a) Application for modification and supplementation of area of expertise;

b) The plan for modification and supplementation of area of expertise stating the conditions on personnel, facilities, equipment and means of expertise as prescribed by the Ministry, the ministerial agencies professionally managing the area of expertise and plan for implementation in accordance with the modification and supplementation of areas of expertise;

c) The copy of decision on judicial expert appointment in accordance with the modification and supplementation of areas of expertise;

d) The issued Decision on permitting the establishment of the judicial expertise Office;

4. Within 01 year after being permitted for modification and supplementation of area of expertise by Chairman of provincial-level People’s Committee, the judicial expertise Office shall carry out the registration of contents modified and supplemented at the Service of Justice. Beyond the above time limit, if the judicial expertise Office does not register its modification and supplementation of area of expertise, the Decision on permitting the modification and supplementation of area of expertise shall be invalid.

5. Dossier, order and procedures for registration of modification and supplementation of area of expertise comply with the provisions in Article 17 of the Law on judicial expertise and relevant provisions of this Decree.

Article 18. Rights and obligations of the judicial expertise Office

1. The judicial expertise Office has the right:

a) To hire judicial experts and employees to work for the Office;

b) To collect payment of judicial expertise as prescribed by law.

c) To perform extrajudicial services at the request of individuals and organization;

d) To enjoy preferential policies on tax under the provisions of Article 22 of this Decree.

2. The judicial expertise Office has the obligations:

a) To publicize the charge of judicial expertise;

b) To implement regulations on social insurance and health insurance for employees of the Office as prescribed by law;

c) To comply with regulations of law on labor, tax, finance, statistics, and comply with the requirements of competent state authorities on examination and inspection;

d) To make annual report to Service of Justice and specialized agencies under provincial-level People’s Committee on organization and operation of judicial expertise

dd) To make payment of operation fee by the fee rate of enterprise’s business registration and in accordance with relevant laws.

3. The rights and obligations as prescribed, of the Law on judicial expertise, procedural law and other regulations of relevant laws.

Article 19. Conversion of type of judicial expertise Office

1. The judicial expertise Office having a demand for conversion of type of operation from private enterprise to partnership and vice versa must submit dossier to request the conversion to the Service of Justice where the operation registration has been done.

2. Dossier to request the conversion of type of operation of the judicial expertise Office includes:

a) Application for conversion;

b) Plan for conversion of type of operation specifying the reason for conversion, organization and operation of the judicial expertise Office by the time of request for conversion, expected organization, name, location of head office, personnel, facilities, equipment, and means of expertise;

c) Copy of decision on judicial expert appointment

d) Decision on Office establishment;

dd) New draft Regulation on Office’s organization and operation;

3. Within 07 working days after fully receiving dossiers as specified in Clause 2 of this Article, the Service of Justice shall submit them to Chairman of provincial-level People’s Committee for reviewing and deciding on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

4. Within 10 days after receiving valid dossier, Chairman of provincial-level People’s Committee shall review and decide on permission for conversion of type of operation of the judicial expertise Office. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office which is rejected with conversion of type of operation may lodge complaint or initiate lawsuit as prescribed by law.

5. Within 15 days after receiving the decision on permitting the conversion, the judicial expertise Office has to register its operation at Service of Justice. When making registration, the Office must have application for operation registration, a copy of decision on permitting the Office’s conversion and papers evidencing the eligibility to ensure the operation of the judicial expertise Office under the Plan specified at Point b, Clause 2 of this Article.

Within 07 working days after receiving valid dossier, the Service of Justice shall issue Certificate of operation registration to the judicial expertise Office converted. In case of disapproval, there must be a written notice stating the reasons. The judicial expertise Office rejected with issuance of Certificate of operation registration may lodge complaint or initiate lawsuit as prescribed by law.

6. The judicial expertise Office which has been converted with its type may operate on the date of issuance of Certificate of operation registration, inherit all the rights, obligations and responsibilities and archive all dossiers and documents of the previous Office.

Article 20. Revocation of Certificate of operation registration of the judicial expertise Office

1. The judicial expertise Office is revoked its Certificate of operation registration in one of the following cases:

a) There are enough judicial experts as prescribed;

b) Performing judicial expertise improperly with the registered areas;

c) Seriously violating the law or being sanctioned with administrative violation for the second time but still doing it again.

d) Other cases as prescribed by law.

2. The Service of Justice shall issue a decision on revoking Certificate of operation registration of the judicial expertise Office within 07 working days after detecting one of cases specified in Clause 1 of this Article.

The Service of Justice shall notify in writing to agencies and organizations specified in Clause 1, Article 16 of the revocation of Certificate of operation registration of the judicial expertise Office.

Article 21. Terminating operation of the judicial expertise Office

1. The judicial expertise Office shall be terminated its operation in the following cases

a) Being terminated by itself;

b) Being revoked its Certificate of operation registration as specified in Article 20 of this Decree.

2. In case of termination of operation as prescribed at Point a, Clause 1 of this Article, within 30 days before the expected time of termination of operation, the judicial expertise Office has to submit a written report to Service of Justice where its operation has been registered.

The judicial expertise Office has to complete its expertise for solicitation and request for judicial expertise received, make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation.

Service of Justice shall notify in writing the termination of operation of the judicial expertise Office to the agencies and organizations specified in Clause 1, Article 16 of this Decree.

3. If the judicial expertise Office is terminated its operation as prescribed at Point b, Clause 1 of this Article, within 07 working days after revoking the Certificate of operation registration, the Service of Justice shall notify to the agencies and organizations as specified in Clause 1, Article 16 of this Article.

The judicial expertise Office has its obligation to make repayment of debts, perform procedures for termination of labor contracts signed with the laborers and publish on the central or local newspapers in two consecutive issues the expected time of termination of operation and transfer all dossiers archived for judicial expertise to Service of Justice where its operation has been registered.

For expertise requests received but not yet performed, the judicial expertise Office shall return their dossiers, expertise subjects and expertise charges collected from the expertise solicitor or requester.

4. The Service of Justice shall request the provincial-level People’s Committee to withdraw the decision on permitting the establishment of judicial expertise Office in cases of termination of operation specified in Clause 1 of this Article.

Article 22. Policies for the judicial expertise Office

The judicial expertise Office shall enjoy tax preference as prescribed by regulations of law on tax.

Chapter 4.

PUBLISHING LIST OF AD HOC JUDICIAL EXPERTS AND ORGANIZING AD HOC JUDICIAL EXPERTISE

Article 23. Time for publishing list of ad hoc judicial experts and organizing ad hoc judicial expertise

1. The ministries, ministerial-level agencies and provincial People's Committee specified in Clause 1, Article 20 of the Law on judicial expertise shall review, select, prepare and publish a list of ad hoc judicial experts and ad hoc judicial expertise organization before November 30 each year,

2. In case there is a change in information related to the ad hoc judicial experts and ad hoc judicial expertise organization published, the ministries, ministerial-level agencies and provincial People's Committee shall modify the list and notify the Ministry of Justice within 07 working days after modification of list.

Article 24. Information about the ad hoc judicial experts and ad hoc judicial expertise organization

1. Information about the ad hoc judicial experts is published as prescribed in Article 23 of this Decree including:

a) Full name;

b) Date of birth;

c) Working place or residence;

d) Areas of expertise;

dd) Experience in professional activities and judicial expertise.activities.

2. Information about the ad hoc judicial expertise organization is published as prescribed in Article 23 of this Decree including:

a) Name of organization;

b) Number, date, month and year of establishment;

c) Address of organization;

d) Areas of expertise;

dd) Experience in professional activities and judicial expertise.activities.

Chapter 5.

REGIME FOR JUDICIAL EXPERTS AND JUDICIAL EXPERTISE PARTICIPANTS

Article 25. Remuneration regime for judicial expertise

1. The remuneration regime for judicial expertise specified in Article 37 of the Law on judicial expertise is applicable for the following:

a) Ad hoc judicial experts and judicial expertise performers who get paid from the state budget perform judicial expertise;

b) The judicial expertise performers ’ helpers who get paid from the state budget include: assistants, technicians, physicians, criminal technical officials in case of mortem examination, autopsy, exhumation and others assigned by the Head of organization solicited for expertise or appointed by the judicial expertise performers  responsible for coordinating the expertise.

c) Investigators, prosecutors and judges assigned by competent state agency to be present and perform duties during the time of expertise in case of mortem examination, autopsy, exhumation.

2. If the organization is solicited or requested for expertise, this organization shall make payment of remuneration for expertise to the subjects specified at Point a, b, Clause 1 of this Article from the charge of judicial expertise collected from the expertise solicitor or requestor.

The proceedings-conducting agency shall make payment of expertise remuneration to the subjects specified at Point c, Clause 1 of this Article from the funding for investigation, prosecution and adjudication included in the annual budget estimate of the proceedings-conducting agency.

3. The Prime Minister shall specify the remuneration for judicial expertise.

Article 26. Regulation on allowance for judicial experts

The judicial experts enjoying salary from the state budget in the area of forensic medicine, psychiatric forensic medicine and criminal technical technique are entitled to responsibility and judicial expertise allowance.

Judicial experts of public judicial expertise organization in the area of forensic medicine, psychiatric forensic medicine under the health sector are entitled to preferential job allowances.

Chapter 6.

STATE MANAGEMENT OVER JUDICIAL EXPERTISE

Article 27. Duties and powers of ministries, ministerial-level agencies, provincial-level People's Committee

1. Ministries, ministerial-level agencies have duties and powers as follows:

a) The Ministry of Health shall assume the prime responsibility and coordinate with the Ministry of Public Security and Ministry of Justice to issue the Regulation on coordination between the provincial-level forensic centers and the criminal technical expertise Division under provincial-level Public Security and the agencies concerned in receiving solicitation and perform forensic examination;

b) The Ministry of Health prescribed the performing agencies, organizations content, training or retraining time for issuing certificate of forensic examination and psychiatric forensic examination profession as prescribed at Point c, Clause 1, Article 7 of the Law on judicial expertise;

The Ministry of Public Security prescribed the performing agencies, organizations content, training or retraining time for issuing certificate of criminal technical expertise profession as prescribed at Point c, Clause 1, Article 7 of the Law on judicial expertise;

c) The Ministry of Health is responsible for consolidating the organization and operation of the National Institute of Forensic Medicine and the Central Institute of Forensic Psychiatry; establishing and ensuring the conditions necessary for the area psychiatric forensic center comes into operation; guiding the organizational structure and the apparatus of the provincial-level forensic Center in accordance with the Law on judicial expertise and this Decree;

The Ministry of Public Security is responsible for consolidating the organization and activities of the Institute of Criminal Science and the Criminal technical expertise Division under the provincial-level as prescribed by the Law on judicial expertise and this Decree;

The Ministry of Defense is responsible for consolidating the organization the organization and activities of the military forensic Institute and the criminal technical expertise Division as prescribed by the Law on judicial expertise and this Decree;

d) The Ministry of Health shall assume the prime responsibility and coordinate with the Ministries and sectors concerned to study and propose the competent state authority to prescribe the code or professional title for specialized judicial experts and participants of judicial expertise activities of the public judicial expertise organizations in the area of forensic medicine and psychiatric forensic medicine; monitor, urge, summarize and report to the Prime Minister on the implementation of regulations and preferential policies for specialized judicial experts and participants of judicial expertise activities of the public judicial expertise organizations in the area of forensic medicine and psychiatric forensic medicine;

dd) The Ministry of Health shall assume the prime responsibility and coordinate with the Ministry of Public Security to perform the examination and inspection on the forensic examination activities in the public security sector. The Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry of Defense to perform the examination and inspection on the criminal technical expertise activities in the army.

e) The ministries and ministerial-level agencies shall issue regulation on judicial expertise in the field of their management competence. In case of failing to issue regulation for the judicial expertise, the ministries and ministerial-level agencies shall guide the application of professional regulation for judicial expertise activities in the field of management competence of their ministries and sectors;

g) The ministries and ministerial-level agencies shall review the team of ad hoc judicial expertise performers and judicial examination organizations to annually post the list on the web portal of the ministries and ministerial-level agencies, while submitting it to the Ministry of Justice to regulate in the general list;

h) The ministries and ministerial-level agencies will develop criteria to evaluate the quality of activities of judicial expertise performers, public judicial expertise organizations and ad hoc judicial expertise organizations under their management competence;

Based on the criteria to evaluate the quality of activities, the ministries and ministerial-level agencies shall evaluate the quality of activities of judicial expertise performers, public judicial expertise organizations and ad hoc judicial expertise organizations under the management competence of the ministries and ministerial-level agencies.

2. Provincial People's Committees have their duties and powers as follows:

a) Consolidating organization and operation of provincial-level forensic Center as prescribed by the Law on judicial expertise, this Decree and other relevant regulations of law.

b) Reviewing the team of judicial expertise performers and ad hoc judicial expertise organizations post the list on the web portal of provincial-level People’s Committee annually, while submitting it to the Ministry of Justice to regulate in the general list;

c) Based on the criteria to evaluate the quality of activities, annually evaluating the quality of activities of judicial expertise performers, public judicial expertise organizations and ad hoc judicial expertise organizations at localities.

Article 28. Duties and powers of Service of Justice and the specialized agencies of the provincial-level People's Committee

1. Service of Justice has duties and power as follows:

 a) Assuming the prime responsibility and coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to verify dossiers for establishment the judicial expertise Office, conversion of type of operation, modification and supplementation of Office’s area of expertise in order to submit them to provincial-level People's Committee for review and decision; assuming the prime responsibility and coordinating with specialized agencies of provincial-level People's Committee to perform operation registration of the judicial expertise Office.

b) Assuming the prime responsibility or coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to foster legal knowledge for local judicial experts.

c) Coordinating with Service of Health to develop plan for submission to provincial-level People's Committee to form and consolidate the public judicial expertise organization in the area of forensic medicine;

d) Coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to propose the provincial-level People's Committee to appoint or dismiss local judicial experts.

dd) Coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to select and form list for submission to provincial-level People's Committee to publish list of judicial expertise performers and ad hoc judicial expertise organizations at localities.

e) Annually assuming the prime responsibility or coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to evaluate the organization and quality of activities of local judicial expertise; proposing provincial-level People's Committee the solutions to ensure the number and quality of team of judicial expertise performer to promptly meet with quality the expertise requests from local procedural activities.

g) Assuming the prime responsibility or coordinating with specialized agencies of provincial-level People's Committee managing the area of judicial expertise to examine, inspect and settle complaint and denunciation of judicial expertise under its competence.

h) Making annual report to the Ministry of Justice and provincial-level People's Committee on organization and operation of local judicial expertise.

2. The specialized agency of the Provincial People's Committee has its duties and powers as follows:

a) Assuming the prime responsibility and coordinating with Service of Justice in selecting and proposing the provincial-level People's Committee to appoint or dismiss judicial experts.

b) Assuming the prime responsibility and coordinating with Service of Justice in selecting and forming list of judicial expertise performers and ad hoc judicial expertise organizations at localities.

c) Preparing operation fund estimate for public judicial expertise organization under its management;

d) Assuming the prime responsibility and coordinating with Service of Justice in fostering professional ability for local judicial experts.

dd) Assuming the prime responsibility and coordinating with Service of Justice in examining and inspecting the implementation of law on judicial expertise; settling complaints and denunciation under its competence;

e) Coordinating with Service of Justice in verifying dossiers for establishment of judicial expertise Office, conversion of type of operation, modification and supplementation of area of expertise and operation registration of judicial expertise Office;

g) Making annual report to the ministries, ministerial-level agencies managing the specialized area of judicial expertise and provincial-level People’s Committee on organization and operation of judicial expertise under its specialized management area at localities while submitting report to Service of Justice for general sum-up.

h) In addition to duties and powers specified at Points a, b, c, d, dd, e, g, Clause 2 of this Article, the Service of Justice, the Service of Justice shall assume the prime responsibility and coordinate with the Service of Justice to propose the provincial-level People’s Committee to form, consolidate the provincial-level forensic Center

Chapter 7.

IMPLEMENTATION PROVISION

Article 29. Transitional provision

1. The judicial experts who are appointed as prescribed by the Judicial Expertise Ordinance and Decree No. 67/2005/ND-CP dated May 19, 2005 of the Government detailing a number of articles of the Judicial Expertise Ordinance shall not be appointed again.

2. The beneficiaries of remuneration regime for judicial expertise specified in Clause 1, Article 25, the judicial experts who are entitled to the policy of allowance specified in Clause 26 of this Decree shall continue to enjoy the policy of judicial expertise remuneration; the regime of preferential job allowance and other existing regimes until there are new substitute regulations.

3. For forensic examination without corpse but its solicitation has been received and performed by the criminal technical Division under the provincial-level Public Security before January 01, 2013 but not yet completed, it shall be made ​​until the end of such expertise.

4. Within 02 years from the effective date of the Law on judicial expertise, the area psychiatric forensic center must be established.

The local psychiatric forensic examination organizations established and operating as prescribed by the judicial expertise Ordinance shall continue operating until the area psychiatric forensic center is established and comes into operation.

5. Regulations on judicial expertise charge in each area of judicial expertise shall apply until the specific regulations on judicial expertise charge are issued and superseded.

Article 30. Effect

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairmen of People's Committees of provinces and centrally-affiliated cities are liable to execute this Decree.

People's Committees of provinces and centrally-affiliated cities where the area psychiatric forensic center is located shall facilitate the establishment and operation of the area psychiatric forensic center at the proposal of the Ministry of Health.

3. Based on their functions, duties and powers, the Ministry of Justice, Ministry of Health, Public Security, Defense, Finance, Home Affairs and the ministries and ministerial-level agencies concerned are liable to guide the implementation of this Decree.

 

FOR THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung