Chương 2 Nghị định 85/2013/NĐ-CP: Tổ chức giám định tư pháp công lập

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.