Vietnam: What are the central-level procedures for appointment of forensic medicine and psychiatric forensic medicine experts and issuance of cards thereof?
What are the criteria for the appointment of forensic medicine and psychiatric forensic medicine experts in Vietnam?
According to the regulations in Article 3 of Circular 11/2022/TT-BYT:
Vietnamese citizens residing in Vietnam who meet the general standards specified in Clause 1, Article 7 of the Law on Judicial Expertise 2012, do not fall under the cases specified in Clause 2, Article 7 of the Law on Judicial Expertise 2012, and satisfy the following specific standards:
- Qualifications
Hold a university degree or higher in one of the training majors specified in Circular 09/2022/TT-BGDDT dated June 6, 2022, of the Ministry of Education and Training, stipulating the list of higher education training branches appropriate for each major of expertise. Specific criteria include:
+ For individuals proposed for appointment as forensic medicine experts:
The medical training majors (excluding preventive medicine) are required for those who have expertise in forensic medicine.
Pharmacy and chemistry training majors are required for those performing forensic expertise in toxic substances.
The biology training majors are required for those performing forensic expertise in biomedicine.
Training majors appropriate to other forensic expertise areas.
+ For individuals proposed for appointment as psychiatric forensic medicine experts: Hold a doctor’s degree in general medical training and have been awarded a certificate or diploma in specialized psychiatric training for 6 months or more at a designated training institution specializing in psychiatry; or doctors who have been awarded postgraduate specialized psychiatric training degrees (Specialist I Doctor, Specialist II Doctor, Resident Doctor, Master, Doctorate).
- Expertise
+ For individuals proposed for appointment as forensic medicine experts: possess a certificate of training in forensic medical examination issued by the National Institute of Forensic Medicine.
+ For individuals proposed for appointment as psychiatric forensic medicine experts: possess a certificate of training in forensic psychiatric examination issued by the Central Institute of Forensic Psychiatry or Bien Hoa Central Institute of Forensic Psychiatry.
- Practicing period for Professional Experience in reality
+ For individuals proposed for appointment as forensic medicine experts: have at least 5 years of practical professional experience in the trained major as specified in Point a, Clause 1 of this Article. If they have directly assisted in forensic examination activities at a forensic examination organization, the practical professional experience in the trained major must be at least 3 years.
+ For individuals proposed for appointment as psychiatric forensic medicine experts: have at least 5 years of practical professional experience in the trained major as specified in Point b, Clause 1 of this Article at a medical examination and treatment facility. If they have directly assisted in forensic psychiatric examination activities at a forensic psychiatric examination organization, the practical professional experience in the trained major must be at least 3 years.
What are the central-level procedures for appointment of forensic medicine and psychiatric forensic medicine experts and issuance of cards thereof in Vietnam?
What does the proposal dossier for appointment of forensic medicine and psychiatric forensic medicine experts in Vietnam include?
According to the provisions in Article 4 of Circular 11/2022/TT-BYT, the proposal dossier includes:
- An official document proposing the appointment of forensic medicine experts, psychiatric forensic medicine experts from the authorized agency or organization and the accompanying detailed list as per the form in Appendix No. 1 issued with this Circular.
- Certified copies of diplomas and certificates according to the appointment standards for forensic medicine experts, psychiatric forensic medicine experts specified in Clause 1, Article 3 of this Circular.
Diplomas issued by foreign educational institutions must be recognized for use in Vietnam according to agreements, treaties on diploma equivalence or mutual recognition of diplomas or according to international treaties relevant to diplomas that the Socialist Republic of Vietnam has signed.
- A self-written résumé as per the form in Appendix No. 2 issued with this Circular, affixed with a 4cm x 6cm portrait photo taken no more than 6 months before the submission, stamping across the photo and certification from the competent state authority.
- A certificate of practical professional experience in the trained major or a certificate of direct assistance in forensic examination activities at a forensic examination organization, forensic psychiatric examination organization suitable to the professional level in the trained major from the agency or organization where the proposed appointee works, according to the form in Appendix No. 3 issued with this Circular.
- A copy of the professional training certificate as specified in Clause 2, Article 3 of this Circular.
- Two 2cm x 3cm portrait photos taken no more than 6 months before submission (for examiner card photos).
What are the central-level procedures for appointment of forensic medicine and psychiatric forensic medicine experts and issuance of cards thereof in Vietnam?
According to the provisions in Clause 1, Article 5 of Circular 11/2022/TT-BYT, the central-level procedures for appointment are as follows:
- The Ministry of National Defense and the Ministry of Public Security shall select individuals who meet the standards specified in Article 3 of this Circular and propose to the Minister of Health to appoint forensic medicine experts under their ministries.
The National Institute of Forensic Medicine, Central Institute of Forensic Psychiatry, Bien Hoa Central Institute of Forensic Psychiatry, and Regional Center for Forensic Psychiatry under the Ministry of Health shall select individuals who meet the standards specified in Article 3 of this Circular and propose to the Minister of Health to appoint forensic medicine experts and psychiatric forensic medicine experts under regulations.
The proposing agency for the appointment of forensic medicine experts, psychiatric forensic medicine experts shall guide individuals to complete the dossier for appointment and issuance of forensic medicine expert cards, psychiatric forensic medicine expert cards as specified in Article 4 of this Circular and submit it to the Ministry of Health (via the Department of Personnel and Organization).
- The Department of Personnel and Organization of the Ministry of Health, in coordination with the Department of Medical Examination and Treatment Administration and the Department of Legal Affairs, shall review the dossier for the proposal to appoint forensic medicine experts and psychiatric forensic medicine experts.
Within 20 days from the day of receiving a complete and valid dossier, the Department of Personnel and Organization shall submit to the Minister of Health for consideration and decision on the appointment of forensic medicine experts, and psychiatric forensic medicine experts under legal regulations. If the conditions for appointment are not met, the Ministry of Health shall notify the proposing agency or unit in writing, stating clearly the reasons.
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