Under what circumstances is a forensic psychiatrist dismissed from duty? What documents are included in the application for dismissal of a forensic psychiatrist in Vietnam?
Under what circumstances is a forensic psychiatrist dismissed from duty?
Pursuant to Clause 1, Article 6 of Circular 11/2022/TT-BYT stipulating the procedures for dismissal and withdrawal of forensic psychiatrist cards as follows:
Procedures for dismissal and withdrawal of the card of forensic examiner and forensic psychiatrist
1. Cases of dismissal and dossiers of request for dismissal of forensic experts and forensic psychiatrists shall comply with the provisions of Article 10 of the Law on Judicial Expertise and Clause 6, Article 1 of the Law on Amendments and Supplements to a number of certain articles of the Law on Judicial Expertise.
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Referring to Article 10 of the 2012 Law on Judicial Expertise in Vietnam, as amended by Clause 6, Article 1 of the 2020 Law on Amendments and Supplements to a number of certain articles of the Law on Judicial Expertise stipulating as follows:
Authority, processes and procedures for dismissal of judicial experts and withdrawal of judicial expert’s identity cards
1. Cases of dismissal of judicial experts:
a) Failing to meet the criteria stipulated in Clause 1 of Article 7 herein;
b) Falling into one of the cases prescribed in Clause 2 of Article 7 herein;
c) Subject to disciplinary action at least in the form of caution, or administrative penalty for intentional violation of legislation on judicial expertise;
d) Committing one of the acts prescribed in Article 6 herein;
dd) Obtaining a decision to retire or resign, except the case where the judicial expert submits a written document showing his/her desire to continue to take part in judicial expertise activities, and directly supervisory body or organization needs him/her in accordance with legislative regulations;
e) Changing his/her job position or transferring to another agency or organization to the extent that suitable conditions for continuation of his/her judicial expertise no longer exist;
g) Accepting his/her own request. If the judicial expert who is a public official or employee, an officer of the army or people's police force, or a professional serviceman or a defense worker wish to leave his/her job position, he/she must seek consent from his/her directly supervisory body or organization;
h) Such dismissal will occur if a judicial expert is appointed as a prerequisite for setting up a his/her expertise office but, after 01 year from the date of appointment, failing to do so or, after 01 year of receipt of the decision to allow establishment of expertise office, failing to register the operation of his/her office.
Cases of dismissal of forensic psychiatrists shall comply with the provisions of the cases of discharge from duty of judicial experts specifically mentioned above.
Under what circumstances is a forensic psychiatrist dismissed from duty? What documents are included in the application for dismissal of a forensic psychiatrist in Vietnam?
What documents are included in the application for dismissal of a forensic psychiatrist in Vietnam?
Pursuant to Clause 2, Article 10 of the 2012 Law on Judicial Expertise in Vietnam (amended by Clause 6, Article 1 of the 2020 Law on Amendments and Supplements to a number of certain articles of the Law on Judicial Expertise) stipulating as follows:
Authority, processes and procedures for dismissal of judicial experts and withdrawal of judicial expert’s identity cards
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2. Request documentation for dismissal of a judicial expert, including:
a) Written request for dismissal of a judicial expert, made by the judicial expert's supervisory body or organization, or application form for dismissal of a judicial expert;
b) Written document or paper proving that the judicial expert falls into one of the cases prescribed in Clause 1 of this Article.
Thus, a request documentation for dismissal of a forensic psychiatrist includes:
- Written request for dismissal of a forensic psychiatrist, made by the forensic psychiatrist's supervisory body or organization, or application form for dismissal of a forensic psychiatrist;
- Written document or paper proving that the forensic psychiatrist no longer meets the appointment criteria.
What are the procedures for dismissing and withdrawing the card of the provincial-level forensic psychiatrist in Vietnam?
Pursuant to Point b, Clause 3, Article 6 of Circular 11/2022/TT-BYT stipulating procedures for dismissal and withdrawal of forensic psychiatrist cards at the provincial/municipal level.
Accordingly, the agency requesting the dismissal of forensic psychiatrists shall make a dossier of request for dismissal according to the above specific provisions and send it to the Department of Health. The Department of Health cooperates with the Department of Justice to review the dossier.
Within 10 days from the date of receipt of a complete and valid dossier, the Department of Health shall submit it to the President of the People's Committee of the province for consideration and decision on dismissal, revocation of the card of the forensic psychiatrist and adjust the list of assessors on the portal of the provincial People's Committee, and at the same time send it to the Ministry of Justice to adjust the general list of forensic psychiatrists.
In case of refusal, the Department of Health shall notify the requesting agency in writing and clearly state the reasons therefor.
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