New regulations on the time limit for forensic expertise in Vietnam from February 10, 2025

Tan Dai

16:17, 05/12/2024

On December 2, 2024, the Minister of Health of Vietnam issued Circular 42/2024/TT-BYT stipulating the procedures, components of records, forms, deadlines, personnel implementation and policies for the archival of forensic expertise records.

New regulations on the time limit for forensic expertise in Vietnam from February 10, 2025

The time limit for forensic expertise in Vietnam are specifically stipulated in Article 5 of Circular 42/2024/TT-BYT as follows:

- For cases where compulsory expertise is required, the procedures are conducted in accordance with the regulations in the Criminal Procedure Code 2015.

- For other cases, the expertise is conducted as follows:

+ In cases of expertise related to sexual assault, gender determination: no more than 09 days; in cases requiring DNA expertise or consultation, no more than 20 days;

+ In cases of expertise related to maltreatment, pregnancy, male sexual capability: no more than 09 days; in cases requiring consultation, no more than 20 days;

+ In cases of DNA expertise (not falling under point a, clause 2, Article 5 of Circular 42/2024/TT-BYT), toxicology, histopathology: no more than 20 days; in cases requiring consultation, no more than 01 month;

+ For cases not specified in points a, b, c, clause 2, Article 5 of Circular 42/2024/TT-BYT: the forensic expertise time limit is conducted in accordance with clause 3, Article 26a of the Law on forensic expertise 2012 (amended 2020). To be specific:

The forensic expertise time limit for cases not specified in clause 2, Article 26a of the Law on forensic expertise 2012 (amended 2020) is a maximum of 03 months. In cases where the expertise is complex or the workload is substantial, the maximum expertise time limit is 04 months.

Ministries, equivalent agencies managing expertise in the field of judicial appraisal, based on the maximum expertise time limit and the professional nature of the expertise field, stipulate specific forensic expertise time limits for each type of case. The forensic expertise time limit may be extended by decision of the expertise-requesting agency but shall not exceed one-half of the maximum expertise time limit for that type of work.

For more details, refer to Circular 42/2024/TT-BYT, effective from February 10, 2025.

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