Guidance on the preparation, preservation, and archiving of case-based forensic assessment records in the healthcare sector in Vietnam from March 1, 2025

Guidance on the preparation, preservation, and archiving of case-based forensic assessment records in the healthcare sector in Vietnam from March 1, 2025

The preparation, maintenance, and archiving of forensic dossiers by case in the healthcare field in Vietnam are as follows:

- Forensic dossiers by case, which are part of the group of dossiers for resolving cases in professional and specialized management activities, shall be prepared, maintained, and archived according to the provisions of the law on forensic examination, legal provisions on clerical work, archiving, and regulations of the agency or unit conducting the examination.

- The Forensic Examination Council is responsible for creating the forensic dossier, which includes the following main documents:

+ Decision to request forensic examination, written requests for examination, and dossiers, subjects of examination, information, documents, and objects, specimens (if any);

+ Decision to establish the Forensic Examination Council by case;

+ Minutes of handover and receipt of dossiers, subjects of examination, information, documents, and objects, specimens; minutes of unsealing the dossiers, subjects of examination, information, documents, and objects, specimens (if any);

+ Examination plan;

+ Documents recording the process of conducting the examination;

+ Forensic conclusion;

+ Minutes of handover and receipt of forensic conclusion; minutes of handover and receipt of dossiers, subjects of examination, information, documents, and objects, specimens (if any);

+ Other documents related to the examination (if any).

- After the case examination is completed, the Forensic Examination Council is responsible for handing over the forensic dossier to the managing agency, organization, or unit for storage and maintenance in accordance with Clause 1, Article 14 of Circular 03/2025/TT-BYT.

The forensic dossier of the Forensic Examination Council by case established by the Ministry of Health shall be handed over to the unit with a member who is the Chairman of the Council. The agency, organization, or unit receiving the forensic dossier handover is responsible for preservation and archiving in accordance with the law on archiving and the regulations of the Ministry of Health.

- Forensic dossiers by case can be accessed and utilized as follows:

+ The agency, organization, or unit receiving the forensic dossier handover as stipulated at Clause 3, Article 14 of Circular 03/2025/TT-BYT is responsible for presenting the forensic dossier when requested by the competent procedural agency or authorized state management agency.

+ Forensic dossiers are presented upon the request of the procedural agency, authorized procedural persons resolving criminal, administrative, or civil cases.

+ Individuals who have performed forensic examinations are allowed to access and utilize forensic dossiers to facilitate participation in procedural activities as requested by the competent procedural agency or the person requesting the examination.

+ Other cases as stipulated by relevant laws.

Circular 03/2025/TT-BYT takes effect from March 1, 2025.

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