The Ministry of Health's request for the strengthening of forensic examination work in Vietnam

The Ministry of Health's request for the strengthening of forensic examination work in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On February 26, 2024, the Ministry of Health issued Official Dispatch 807/BYT-KCB regarding the enhancement of forensic examination work.

The Ministry of Health's request for the strengthening of forensic examination work in Vietnam

To ensure the strict, transparent, quality, and effective implementation of forensic examination work in accordance with legal regulations, and to meet the demands of the judicial agencies for forensic examination, the Ministry of Health proposes the following measures:

(1) Strengthen the implementation of inspections and supervision of forensic examination activities at forensic examination institutions within their jurisdiction.

(2) Advise competent authorities to pay attention to investing in infrastructure, equipment, training, and professional development to provide appropriate remuneration policies for forensic examination staff.

(3) Focus on developing a team of forensic examiners, including both full-time and part-time examiners, to ensure an adequate number and quality of examiners participating in various examination processes (such as injury examination, autopsy, toxicology, sexual assault examination, histopathological examination, examination of abused children, etc.) in accordance with legal regulations.

(4) Provincial Departments of Health:

- Direct the Forensic Center to fully and strictly implement the forensic examination procedures and forms as stipulated in Circular 13/2022/TT-BYT regarding the issuance of procedures, forms, time frames, and personnel for forensic examination, as well as other related legal documents.

- Direct the Forensic Center and general and specialized hospitals in the region to review the qualifications and actual professional experience of their current doctors (specializing in surgery, obstetrics, pediatrics, clinical biochemistry, pathology, etc.) according to the standards, documentation, appointment procedures, issuance and revocation of forensic examiner cards, and forensic psychiatric examiner cards as stipulated in Circular 11/2022/TT-BYT. Establish a plan and timeline for sending doctors to training courses and professional development in forensic examination, and submit it to competent authorities for the appointment of forensic examiners before March 1, 2024. Report the results of implementation to the Ministry of Health through the Department of Medical Examination and Treatment before March 10, 2024.

(5) Director of the National Institute of Forensic Medicine:

- Instruct, inspect, and supervise public forensic institutions in the implementation of professional guidelines and regulations regarding forensic examination.

- Chair and coordinate with Provincial Departments of Health to review and compile the number of appointed forensic examiners and issue forensic examiner cards nationwide. Consolidate the demand for training and develop a plan for organizing training and professional development in forensic examination as a basis for consideration by competent authorities in appointing forensic examiners according to regulations.

- Compile the existing limitations, difficulties, and obstacles in forensic examination activities (especially in the examination of injuries and sexual assault) and the appointment of forensic examiners in localities. Report to the Ministry of Health through the Department of Medical Examination and Treatment before March 10, 2024.

(6) Military Institute of Forensic Medicine, Ministry of National Defense; Institute of Forensic Science, Ministry of Public Security; and Forensic Science Technical Department, Provincial and Municipal Police Departments: Fully and strictly implement the forensic examination procedures and forms as stipulated in Circular 13/2022/TT-BYT regarding the issuance of procedures, forms, time frames, and personnel for forensic examination, as well as other related legal documents.

The Ministry of Health requires prompt implementation by the relevant units. If any unit fails to carry out the forensic examination objectively, honestly, accurately, or in accordance with procedures and regulations, or due to a lack of forensic examiners or other subjective reasons, the head of the unit must take full responsibility before the law.

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