What are regulations on procedures for appointing experts at the province/central city level in Vietnam?

What are regulations on procedures for appointing experts at the province/central city level in Vietnam?

In Clause 2 Article 5 of Circular 11/2022/TT-BYT (effective from December 15, 2022) regulations on procedures for appointing assessors at the province/central city level are as follows:

2. Procedures for appointing assessors at the province/central city level (hereinafter referred to as provincial level)

a) Responsibilities of the agency or unit requesting appointment

The Provincial Police, Provincial Forensic Center, and medical facilities under the management of the Department of Health select people who meet the qualifications specified in Article 3 of this Circular, and guide individuals to complete appointment documents. Forensic experts, forensic psychiatric experts as prescribed in Article 4 of this Circular, sent to the Provincial Department of Health.

b) Responsibilities of the Department of Health

The Department of Health presides over and coordinates with the Department of Justice to review dossiers requesting the appointment of forensic experts and forensic psychiatric experts.

Within 20 days from the date of receiving a complete and valid dossier, the Department of Health shall submit it to the Chairman of the Provincial People's Committee for consideration and decision to appoint a forensic expert and a forensic mental health expert. according to regulations of the Law. In case the appointment conditions are not met, the Department of Health shall notify the agency or unit requesting appointment in writing and clearly state the reason.

What are regulations on procedures for appointing experts at the province/central city level in Vietnam? (Image from the Internet)

What is time to create and post a list of forensic experts and forensic psychiatric experts on the Electronic Information Portal in Vietnam?

In Clause 3, Clause 4, Clause 5 Article 5 of Circular 11/2022/TT-BYT (effective from September 15 /December 2022) has regulations on procedures for appointing and granting cards of forensic experts and forensic psychiatric experts as follows:

3. Within 10 days from the date of issuance of the Decision to appoint forensic and psychiatric medical experts, the Ministry of Health and the Provincial People's Committee are responsible for preparing and posting a list of forensic medical experts. medical experts, forensic mental health experts on the Ministry's and Provincial People's Committee's electronic information portals, and send them to the Ministry of Justice to create a general list of judicial experts according to the provisions of law.

4. The agency competent to appoint forensic experts and forensic mental health experts shall issue and re-issue expert cards. The issuance of new assessor cards is carried out simultaneously with the appointment of assessors.

Card form, order, and procedures for new and re-issue of forensic expert and forensic psychiatric expert cards are implemented in accordance with the provisions of Circular No. 11/2020/TT-BTP dated December 31, 2020 of the Ministry of Justice regulations on card models, order and procedures for new and re-issuing judicial expert cards.

5. The agency competent to appoint forensic experts and forensic mental health experts is responsible for allocating funds to pay for the issuance of an expert's card, guaranteed from the state budget according to the estimate of the unit according to the provisions of law on state budget.

What are regulations on procedures for dismissing and revoking cards of forensic experts and forensic psychiatric experts in Vietnam?

In Clause 1, Clause 2 Article 6 of Circular 11/2022/TT-BYT (effective from December 15/ 2022) has regulations on procedures for dismissal and revocation of forensic expert and forensic psychiatric expert cards as follows:

1. Cases of dismissal and dossiers requesting dismissal of forensic experts and forensic mental health experts shall comply with the provisions of Article 10 of the Law on Judicial Expertise and Clause 6, Article 1 of the Law amending and supplementing Supplementing a number of articles of the Law on Judicial Expertise.

2. The competent authority requests the appointment of a forensic expert and a forensic mental health expert is responsible for requesting the competent authority to decide on the dismissal of cases falling within the subjects specified in Clause 1, this Article applies to forensic experts and forensic mental health experts under the management authority of their agencies and units.

Best regards!