In which cases do forensic examiners receive allowances?

May I ask, in our unit which is the Tuan Giao District Medical Center, Dien Bien Province, in 2009 there were two public employees appointed as forensic examiners. However, since receiving the appointment decision, they have never been summoned to examine any cases. Are they entitled to receive allowances for being forensic examiners?

At Article 2 and Article 3 of Circular 02/2009/TT-BTP, the regulations are as follows:

Article 2. Allowance Level

The responsibility allowance for judicial expertise work for the subjects specified in Article 1 of this Circular is 0.3 compared to the general minimum wage.

Article 3. Duration of Allowance

  1. The duration of policies for responsibility allowance for judicial expertise work is calculated from January 01, 2009.

  2. In cases where judicial examiners are appointed after January 01, 2009, the policies for responsibility allowance for judicial expertise work are applied from the date of appointment.

And in Section III of Circular 05/2005/TT-BNV guiding the implementation of policies on responsibility allowance for officials and public employees issued by the Ministry of Home Affairs, it is stipulated:

The responsibility allowance is paid together with the monthly salary and is not used to calculate or enjoy social insurance benefits;

When an employee does not perform the duties entitled to the responsibility allowance for one month or more, they are not entitled to the responsibility allowance.

Therefore, forensic examiners will receive the allowance from the date of appointment. If a forensic examiner does not perform the work for one month or more, they will not receive the responsibility allowance.
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