Regulations on application for appointment of forensic experts under the Vietnamese law

Regulations on application for appointment of forensic experts under the Vietnamese law (Internet image)

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

1. Criteria for appointment of forensic experts in Vietnam

According to Article 3 of Circular 11/2022/TT-BYT, the criteria for appointing forensic experts are as follows:

Vietnamese citizens permanently residing in Vietnam who fully meet the general criteria specified in Clause 1, Article 7 of the Law on Judicial Expertise 2012, do not fall into the cases specified in Clause 2, Article 7 of the Law on Judicial Expertise 2012, and meet the following specific criteria:

(1) Qualification

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

For the person proposed to appoint a forensic expert:

+ Group of medical training majors (except for preventive medicine training) for persons performing forensic examinations

+ Group of training courses in pharmacology and chemistry for those performing forensic examinations in the field of toxicology.

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

Group of training disciplines suitable for other fields of forensic examination.

(2) Expertise: Must have a certificate of training in forensic expertise issued by the National Forensic Institute.

(3) Actual time of professional activities:

Must have actually worked professionally in the field of training as prescribed for at least five years or more.

In 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.

2. Regulations on application for appointment of forensic experts in Vietnam

Specifically, in Article 4 of Circular 11/2022/TT-BYT, the application for the appointment of forensic experts is as follows:

- A written request for the appointment of a forensic expert from a competent agency or organization and a list of horizontal extracts made according to the form specified in Appendix 1 issued together with 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, 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 qualifications or according to international treaties related to diplomas that the Socialist Republic of Vietnam has signed.

- A curriculum vitae according to the form specified in Appendix 2 issued together with Circular 11/2022/TT-BYT, with a 4cm x 6cm color portrait photo, taken no more than 06 months before the time of application submission, stamped and certified by a competent state agency.

- Certificate of actual time of professional activities in the field of training or Certificate of time directly assisting in assessment activities at a forensic examination organization consistent with the professional qualifications in the field of training of the agency or organization where the person proposed to work is made according to the form specified in Appendix 3 issued together with Circular 11/2022/TT-BYT.

- A copy of the certificate of professional training as prescribed in Clause 2, Article 3 of Circular 11/2022/TT-BYT.

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

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