Guidelines on judicial expertise conclusions by case in the field of healthcare in Vietnam from March 1, 2025

Guidelines on judicial expertise conclusions by case in the field of healthcare in Vietnam from March 1, 2025​ (Image from Internet)

On January 13, 2025, the Minister of Health of Vietnam issued Circular 03/2025/TT-BYT, prescribing judicial expertise by case in the healthcare sector.

Guidelines on judicial expertise conclusions by case in the field of healthcare in Vietnam from March 1, 2025​

As stipulated in Article 12 of Circular 03/2025/TT-BYT, the conclusion of judicial expertise by case in the healthcare field is conducted as follows:

- The judicial expertise conclusion by case is performed according to the template specified in Appendix II issued with Circular 03/2025/TT-BYT.

- In case the judicial expertise council by case is established by decision of the Ministry of Health, the Minister of Health signs and stamps to confirm the signature of the council members on the appraisal conclusion document. If the judicial expertise council by case is established under the provision of Clause 1, Article 30 of the Law on judicial expertise 2012, it shall comply with the provision of Clause 2, Article 32 of the Law on judicial expertise 2012 (as amended 2020).

- If the judicial expertise council by case is established by the decision of the Department of Health, the Director of the Department signs and stamps to confirm the signature of the council members on the appraisal conclusion document.

- If the judicial expertise council by case is established by the head of the organization conducting judicial expertise by case, the head signs and stamps to confirm the signature of the council members on the appraisal conclusion document.

- Upon completing the appraisal conclusion, the organization or individual conducting judicial expertise by case or the judicial expertise council by case prepares documents requesting the appraisal requester or agency for payment and reimbursement of the necessary costs for conducting the appraisal according to legal provisions.

Guidelines on the handover of appraisal conclusions by case in the healthcare sector in Vietnam from March 1, 2025

The handover of the appraisal conclusion and the dossier, appraisal object, information, documentation, related items, and specimens by case in the healthcare field is conducted in accordance with Article 13 of Circular 03/2025/TT-BYT as follows:

- The handover of judicial expertise conclusions by case is conducted between the representative of the judicial expertise council by case and the representative of the appraisal requester or the requester.

+ The judicial expertise council by case established by the decision of the Minister of Health, after issuing the appraisal conclusion, must send a document to the Inspector of the Ministry along with the appraisal conclusion to prepare for handover to the appraisal requesting agency. The Inspector of the Ministry will notify the appraisal requesting agency to conduct the handover of the appraisal conclusion;

+ The judicial expertise council by case established by the decision of the Director of the Department of Health is responsible for handing over the appraisal conclusion document to the appraisal requesting agency after issuing the conclusion;

+ The judicial expertise council established by the head of the organization conducting judicial expertise by case notifies the appraisal requester or the requester to determine the time for handing over the appraisal conclusion;

+ The handover of judicial expertise conclusions by case is recorded in minutes according to the template specified in Appendix III issued with Circular 03/2025/TT-BYT.

- Upon request from the appraisal requestor, the judicial expertise council by case shall hand over the dossier, appraisal object, remaining information, documentation, items, and specimens after issuing the appraisal conclusion. The handover shall be recorded in minutes according to the template specified in Appendix IV issued with Circular 03/2025/TT-BYT.

More details can be found in Circular 03/2025/TT-BYT, effective from March 1, 2025.

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