What are the regulations on the curriculum vitae requesting appointment of forensic examiner, forensic psychiatrist in Vietnam?
- What are the regulations on the curriculum vitae requesting appointment of forensic examiner, forensic psychiatrist in Vietnam?
- What are the criteria for appointment of forensic examiners and forensic psychiatrists?
- What are the procedures for dismissing forensic examiners and forensic psychiatrists in Vietnam?
What are the regulations on the curriculum vitae requesting appointment of forensic examiner, forensic psychiatrist in Vietnam?
Currently, the curriculum vitae sample requesting appointment of forensic examiner, forensic psychiatrist is made according to the form in Appendix 02 enclosed with Circular 02/2014/TT-BYT of Vietnam.
However, from February 15, 2022, the form of curriculum vitae requesting appointment of forensic examiner or forensic psychiatrist shall be made according to the form in Appendix 02 enclosed with this Circular 11/2022/TT-BYT of Vietnam stipulating as follows:
Download the curriculum vitae sample requesting appointment of forensic examiner, forensic psychiatrist: Click here.
What are the regulations on the curriculum vitae requesting appointment of forensic examiner, forensic psychiatrist in Vietnam?
What are the criteria for appointment of forensic examiners and forensic psychiatrists?
Pursuant to Article 3 of Circular 11/2022/TT-BYT of Vietnam stipulating as follows:
Criteria for appointment of forensic examiners and forensic psychiatrists
Vietnamese citizens permanently residing in Vietnam who fully meet the general criteria specified in Clause 1, Article 7 of the Law on Judicial Expertise, do not fall into the cases specified in Clause 2, Article 7 of the Law on Judicial Expertise, and meet the following specific criteria:
1. Professional qualifications
Having a university degree or higher in one of the training majors specified in the Circular No. 09/2022/TT-BGDDT dated June 6, 2022 of the Ministry of Education and Training, providing the list of training disciplines of higher education relevant to each area of expertise, specifically:
a) For the person proposed to appoint a forensic examiner:
Group of medical training majors (except for preventive medicine training) for persons performing forensic examination.
Group of training majors in pharmacology, training in chemistry for those performing forensic examination of toxicology.
The group of biomedical and applied biology training majors for those performing forensic examination in the biomedical field.
Group of training disciplines suitable to other fields of forensic examination.
b) For the person proposed to appoint a forensic psychiatrist: being a doctor with general medical training who has been granted a certificate or certificate of professional training in psychiatry for 6 months or more at a training institution with the function of providing specialized training in psychiatry; or a doctor who has been granted a graduate degree in psychiatry (Specialized Level 1 doctor, Specialized Level 2 doctor, resident doctor, Master doctor, PhD doctor).
2. Expertise of examination
a) For the person proposed to appoint a forensic examiner: must have a certificate of professional training in forensic examination issued by the National Forensic Institute.
b) For the person proposed to appoint a forensic psychiatrist: must have a certificate of professional training in forensic psychiatric examination issued by the Central Institute of Forensic Psychiatry or the Bien Hoa Central Institute of Forensic Psychiatry.
3. Actual time of professional activities
a) For the person proposed for appointment of forensic examiner: must have actually practiced professional activities in the field of training as prescribed at Point a, Clause 1 of this Article from full 05 years or more. In case of having directly assisted in examination activities at a forensic examination organization, the time of professional practice in the field of training must be at least 3 years.
b) For the person proposed for appointment of forensic psychiatrist: must have actually practiced professional activities in the field of training as prescribed at Point b, Clause 1 of this Article at the medical examination and treatment establishment, medical treatment for full 05 years or more. If he has directly assisted in examination activities at a forensic psychiatric organization, his/her actual professional experience in the field of training must be at least 3 years.
Thus, individuals must meet the standards of professional qualifications, expertise and actual time of professional activities in order to be appointed forensic examiner, forensic psychiatrist.
What are the procedures for dismissing forensic examiners and forensic psychiatrists in Vietnam?
Pursuant to Clause 3, Article 6 of Circular 11/2022/TT-BYT of Vietnam stipulating the procedures for dismissing forensic examiners and forensic psychiatrists as follows:
- At the central level
+ The agency requesting the dismissal of forensic examiners or forensic psychiatrists shall make a dossier of request for dismissal as prescribed in Clause 1 of this Article and send it to the Ministry of Health (via the Personnel and Organization Department). The Organization and Personnel Department, the Ministry of Health shall assume the prime responsibility for, and coordinate with the Medical Examination and Treatment Administration and the Legal Department in reviewing the dossiers.
+ Within 10 days from the date of receipt of a complete and valid dossier, the Department of Organization and Personnel shall submit it to the Minister of Health for consideration and decision on dismissal or revocation of the card of forensic examiner or examiner. Psychiatric forensic medicine and adjust the list of assessors on the website of the Ministry of Health, and at the same time send it to the Ministry of Justice to adjust the general list of judicial assessors. In case of refusal, the Ministry of Health shall notify the requesting agency in writing and clearly state the reasons therefor.
- At the level of provinces/cities directly under the Central Government
+ The agency requesting the dismissal of forensic examiners or forensic psychiatrists shall make a dossier of request for dismissal as prescribed in Clause 1 of this Article 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 or revocation of the forensic examiner's card. forensic psychiatrists 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 judicial experts. In case of refusal, the Department of Health shall notify the requesting agency in writing and clearly state the reasons therefor.
Circular 11/2022/TT-BYT of Vietnam will take effect from December 15, 2022.
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