Vietnam: What are the latest procedures for expertise of remains? What is the conclusion form for expertise of remains?
What are the procedures for receiving and preparing expertise of remains in Vietnam?
Pursuant to Subsection III, Section 16, Appendix 1 issued together with Circular 13/2022/TT-BYT, the procedures for receiving and preparing expertise of remains in Vietnam are as follows:
Step 1: Receive information, referendum decisions, dossiers and subjects eligible for expertise
- The department assigned to receive information, take records on handing over and receiving referendum decisions, expertise dossiers and subjects eligible for expertise (if any).
* Expertise dossier includes:
- Decision on referendum/request for expertise.
- Legal copies of dossiers and documents related to the contents to be expertised:
+ Medical dossiers related to the expertise (if any).
+ Decision on referendum/request for expertise, conclusion of previous expertise in case of additional expertise or re-expertise.
+ Autopsy minutes, scenes minutes (if any).
+ Photos of scenes, photos of autopsy (if any).
+ Testimony minutes (if any).
+ Other documents related to the content to be expertised (if any).
- Expertised specimens (if any).
- Subjects of expertise (if any).
* In case of meeting full conditions for expertise, the next steps shall be carried out.
* Fail to conduct expertise for cases without meeting full conditions for expertise prescribed in Clause 7, Article 1 of the Law amending and supplementing a number of articles of the Law on Judicial expertise.
Step 2: Assign professional officials
- The leader of the unit assigns experts and assistants to judicial experts to carry out the expertise.
- Duties of experts:
+ Study dossiers and documents.
+ Work with representatives of referendum agencies and relevant agencies.
+ Direct assistants to prepare tools and devices.
+ Direct and guide assistants in the sequence of conducting bone manipulation and collecting the specimens.
+ Take photos and record the signs during the examination in the written showing expertise process.
+ Perform measurements and expertises on bones.
+ Assign additional tests and other expertises.
+ Coordinate with the Examination Board, complete the examination minutes.
+ Complete the written showing expertise process.
+ Request, organize professional consultations or consult experts if necessary.
+ Synthesize and evaluate the results of examinations, additional tests, other expertises, consultations, expert opinions,... to give conclusions of expertise.
+ Resolve issues arising in the expertise process, and report results to agency leaders.
+ Experts coordinate with each other in the expertise process, discuss and agree before concluding the expertise.
- Duties of assistants:
+ Prepare protective tools, devices and means of protection.
+ Conduct bone hygiene before expertise.
+ Assist experts in arranging the remains, collecting specimens which are pointed experts.
+ Conduct preliminary hygiene, pack before handover.
+ Clean tools, devices and facilities.
+ Synthesize results of examinations, additional tests, other expertises, consultations, expert opinions,...
+ Hand over samples (in case the requesting agency sends samples) or store and preserve specimens before handing it over to testing facilities.
+ Assist experts in drafting the written showing recording the expertise process and conclusion of the expertise, complete the expertise photos and submit them to experts for approval.
+ Complete the expertise dossier.
+ Hand over specimens after completing the expertise.
+ Other tasks as assigned by the expertises.
Step 3: Study dossiers and documents
The experts study dossiers and documents before conducting the expertise.
Step 4: Work with officials of the agency requesting expertise
- Receive subjects eligible for expertise, carry out procedures for handing over and receiving subjects eligible for expertise according to regulations.
- Request the officials of the agency agency requesting expertise:
+ Provide more necessary information, dossiers and documents.
+ Send samples to conduct additional tests, other expertises as prescribed by the experts, and take the results to hand over to the agency performing expertise.
+ Ensure the safety of experts if necessary.
- Coordinate the resolution of arising situations.
What are the contents of the expertise of remains in Vietnam?
Pursuant to subsection IV, Section 16, Appendix 1 issued together with Circular 13/2022/TT-BYT, the methods for expertise of remains in Vietnam are mentioned as follows:
(i) Preliminary expertise
- Conduct bone hygiene.
- Identify human or animal bones.
- Determine the bones of a person or multiple people, male or female.
- Arrange the skeleton by anatomy.
(ii) Examination of the remains
- Distinguish between human and animal bones on the basis of:
+ Cranial bone morphology.
+ Facial bone morphology.
+ Morphology of the pelvis and other bones.
+ DNA testing.
- Skeletal arrangement by anatomy:
+ Distinguish the bones of one or more people.
+ Determine the bones of men or women, estimate age, height, race
- Note signs of damage to bones or other abnormalities.
(iii) Summary of additional test samples, other expertise
Depending on the case, the expertises decides on the collection of samples and prescribes other necessary additional tests / examinations: Histopathology, toxicology, DNA,...
(iv) End of examination
- Hand over the sample to the polling agency after completing the examination to perform additional tests and other assessments.
- In case of examination of remains at the assessment agency, the handover of the expertised subject and specimens must have a handover record as prescribed.
(v) Research of expertised and experimental specimens
- In case the requesting agency provides specimens, the experts shall study and expertise the specimens according to the Procedure for expertise of injured subjects (Process 11, Section IV).
- In case of necessity, the expertises shall report to the unit leader to conduct the experiment.
(vi) Examination of the scene
In case of need, the expertises can request to participate in the field examination or field study.
(vii) Consultation, expert consultation
Conduct consultations, consult experts in case of need.
(vii) Summary, evaluation and conclusion of expertise
Summary of key results
- Results of expertise of the remains.
- Additional test results, other expertise (if any): Histopathology, DNA, toxicology,...
- Results of specimen referendum, experimental results (if any).
- Results of consultations, expert opinions (if any).
- Results of scene examination (if any).
- Other results (if any).
Conclusions of expertise are based on the main results through expertising, answering the contents of questions according to the referendum decision.
What is the conclusion form for expertise of remains in Vietnam?
Currently, the conclusion form for expertise of remains in Vietnam is specified in Form No. 15a or 15b Appendix 3 issued together with Circular 13/2022/TT-BYT as follows:
Download the conclusion form for expertise of remains in Vietnam: Here.
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