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
Tìm kiếm
Nghị định 85/2013/NĐ-CP (Bản Word)
Nghị định 85/2013/NĐ-CP (Bản Pdf)