New point on application for the appointment of a forensic examiner in Vietnam

New point on application for the appointment of a forensic examiner in Vietnam (Internet image) 

On November 1, 2022, the Minister of Health of Vietnam promulgates Circular 11/2022/TT-BYT stipulating standards, dossiers, and procedures for appointment, grant of cards, dismissal, and revocation of cards of forensic examiners and forensic examiners mental.

1. New point on application for the appointment of a forensic examiner in Vietnam

The application for appointment of a forensic examiner and forensic psychiatrist is as follows:

- A written request from a competent agency or organization for the appointment of a forensic medical examiner or forensic psychiatrist, as well as a list of excerpts prepared in accordance with the form provided in Appendix 1 to this Circular 11/2022/TT-BYT.

- Certified copies of diplomas and certificates according to the criteria for appointing forensic examiners and forensic psychiatrists specified in Clause 1 and Article 3 of Circular 11/2022/TT-BYT.

Diplomas issued by foreign educational institutions must be recognized for use in Vietnam in accordance with an agreement on degree equivalence or mutual recognition of diplomas or under an international treaty related to diplomas that the Socialist Republic of Vietnam has signed.

- A curriculum vitae in the format specified in Appendix 2 of Circular 11/2022/TT-BYT, along with a color portrait photo of 4 cm x 6 cm taken no more than six months prior to the time of application submission, stamped and certified by a competent state agency.

- A certificate of actual time spent on professional training activities;

or a certificate of direct help time in assessment activities at forensic examination organizations, forensic psychiatric assessment in accordance with professional qualifications in the field of training of the agency or organization where the person proposed to be appointed works in accordance with the form specified in Appendix 3 issued in conjunction with Circular 11/2022/TT-BYT

- A copy of the professional training certificate required by Clause 2 and Article 3 of Circular 11/2022/TT-BYT.

- Two color portrait photos, 2 cm x 3 cm, taken no more than 6 months before the application deadline (for the assessor's card assessment).

(Compared to Circular 02/2014/TT-BYT, the regulation on criminal record cards has been removed, and the regulation on two-color portrait photos to be used as assessor card photos

2. Criteria for appointment of a forensic examiner and forensic psychiatrist in Vietnam

Vietnamese citizens permanently residing in Vietnam who meet the general criteria specified in Clause 1 and Article 7 of the Law on Judicial Expertise and do not fall into the cases specified in Clause 2 and Article 7 of the Law on Judicial Expertise and meet the following specific criteria:

* Qualification:

Having a university degree or higher in one of the training majors specified in Circular 09/2022/TT-BGDDT, specifically:

- For the person to whom a forensic expert is proposed to be appointed:

+ A group of medical training majors (except for preventive medicine training) for forensic examiners.

+ A series of pharmacology and chemistry training courses for those performing toxicology forensic examinations.

The group of biological and applied biology training majors for those performing forensic examination in the biomedical field

+ A collection of training disciplines applicable to other areas of forensic examination.

- A doctor in the field of 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 specialized training in psychiatry is proposed to be appointed as a forensic psychiatrist.

Or a doctor who has been granted a graduate degree in psychiatry (specialist I, specialist II, resident doctor, with a master's or doctor's degree).

* Inspection occupation:

- For the person proposed to be appointed a forensic expert, they must have a certificate of professional training in forensic examination issued by the National Forensic Institute.

- For the person who is proposed to be appointed a forensic psychiatric expert, they must have a certificate of professional training in forensic psychiatric assessment issued by the Central Institute of Forensic Psychiatry or the Central Institute of Forensic Psychiatry in Bien Hoa.

* Actual professional activity time:

- The person proposed for appointment as a forensic examiner must have actually practiced professional activities in the field of training for 5 years or more, as prescribed in Point a, Clause 1, Article 3 of Circular 11/2022/TT-BYT.

In the case of having directly assisted in assessment activities at a forensic examination organization, the time of professional practice in the field of training must be at least 3 years.

- For the person who is proposed to be appointed a forensic psychiatric expert, they must have practical experience in the field of training as prescribed at Point b, Clause 1, Article 3 ofCircular 11/2022/TT-BYT on medical facilities at medical examination and treatment establishments for children aged 5 or more.

If he/she has directly assisted in assessment activities at a forensic psychiatric organization, his/her actual professional experience in the field of training must be at least 3 years.

See also Circular 11/2022/TT-BYT, effective December 15, 2022, and Circular 02/2014/TT-BYT, which expires on December 15, 2022.

Quoc Dat

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