Procedures for judicial expertise by case in the field of medical in Vietnam from March 1, 2025

Procedures for judicial expertise by case in the field of medical 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 regulating judicial expertise by case in the field of health.

Procedures for judicial expertise by case in the field of medical in Vietnam from March 1, 2025

According to Article 8 of Circular 03/2025/TT-BYT, judicial expertise by case according to expertise solicitation and requirement must be carried out through the following steps:

- Delivery and receipt of dossiers, objects of expertise, information, documents, objects, and related specimens.

- Develop a plan for implementing judicial expertise by case.

- Conduct judicial expertise by case.

- Conclude judicial expertise by case.

- Handover of the expertise conclusion and dossier, objects of expertise, information, documents, objects, and related specimens (if any).

- Establish, file, and preserve the judicial expertise dossier by case.

Note: Decisions on expertise solicitation received and conducted before this Circular comes into effect but have not yet issued expertise conclusions, shall continue to conduct expertise according to the regulations in guiding documents before this Circular takes effect. (According to Clause 2 Article 17 of Circular 03/2025/TT-BYT)

Guidelines on receiving judicial expertise solicitation, judicial expertise requirement by case in the field of health in Vietnam from March 1, 2025

The receiving of judicial expertise solicitation, and judicial expertise requirements by case in the health sector is conducted according to the provisions of Article 6 of Circular 03/2025/TT-BYT as follows:

- Receiving judicial expertise solicitation by case at the Ministry of Health:

The Ministry of Health receives and conducts the first-time expertise, supplementary expertise, re-expertise, and second-time re-expertise according to solicitation for judicial expertise from soliciting agencies at the central level.

Within 05 working days from the date of receiving the decision of the soliciting person, the Inspectorate of the Ministry cooperates with relevant specialized units to advise and propose to the Ministry of Health specific actions for receiving or refusing to conduct the expertise.

- Receiving judicial expertise solicitation by case at the Department of Health:

The Department of Health receives and conducts first-time expertise, supplementary expertise, and re-expertise according to judicial expertise solicitation from soliciting persons at the local level or from the central level in cases where the incident occurred at that locality. The Director of the Department of Health assigns a specialized unit within the Department to advise on receiving expertise solicitation within jurisdiction.

Within 05 working days from the receipt of the decision of the soliciting person, the Department of Health is responsible for considering whether to receive or reject the expertise.

- Receiving judicial expertise solicitation, judicial expertise requirement by case at judicial expertise organizations by case:

Judicial expertise organizations by case receive and conduct first-time expertise, supplementary expertise, re-expertise according to judicial expertise solicitation or judicial expertise requirement.

Within 05 working days from the date of receiving the solicitation decision or written request for expertise, the head of the judicial expertise organization by case is responsible for considering the reception or rejection of the expertise solicitation, requirement.

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

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