DECREE Detailing and providing measures for implementing the Law on Judicial Expertise ____________________________ Pursuant to the November 25, 2001 Law on Organization of the Government; Pursuant to the June 20, 2012 Law on Judicial Expertise; Pursuant to the March 28, 2012 Ordinance on Expertise and Valuation Expenses and Witness and Interpreter Expenses in Legal Procedures; At the proposal of the Minister of Justice, The Government promulgates the Decree detailing and providing measures for implementing the Law on Judicial Expertise. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree provides the organization, functions and tasks of public judicial expertise institutions; establishment and operation registration of judicial expertise offices; incentive policies for judicial expertise offices; publicization of lists of ad-hoc judicial expertise performers and ad-hoc judicial expertise institutions; tasks and powers of ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) in judicial expertise activities. Chapter II PUBLIC JUDICIAL EXPERTISE INSTITUTIONS Article 2. Public judicial expertise institutions 1. Public judicial expertise institutions conduct judicial expertise as solicited by expertise solicitors or requested by expertise requesters in accordance with the Law on Judicial Expertise and provide extrajudicial expertise services at the request of individuals and organizations. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense and other ministries and ministerial-level agencies shall stipulate in detail the provision of extrajudicial expertise services by public judicial expertise institutions of their sectors. 2. The Ministry of Health, the Ministry of Public Security, the Ministry of National Defense and other ministries and ministerial-level agencies shall stipulate in detail the working regime of public judicial expertise institutions of their sectors, assuring prompt acceptance of expertise solicitations and requests and implementation of judicial expertise activities. Article 3. National Institute of Forensic Medicine under the Ministry of Health 1. The National Institute of Forensic Medicine has the following functions and tasks: a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To formulate and submit regulations on forensic medical expertise to the Minister of Health for promulgation; c/ To formulate programs and materials for, and organize and guide, professional training and retraining in forensic medicine; d/ To guide, direct and examine forensic medical expertise institutions nationwide in forensic medical expertise activities according to regulations of the Ministry of Health; dd/ To conduct scientific research in forensic medicine; e/ To carry out international cooperation in forensic medicine according to regulations of the Ministry of Health; g/ Annually, to conduct final reviews and report to the Ministry of Health and the Ministry of Justice on organization of forensic medical expertise activities and propose measures for improving the effectiveness of forensic medical expertise activities; h/ Other tasks provided by the Minister of Health. 2. The National Institute of Forensic Medicine has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The director and deputy directors of the National Institute of Forensic Medicine are appointed by the Minister of Health. 3. The National Institute of Forensic Medicine is a public non-business unit and operates under the Law on Judicial Expertise, this Decree and other relevant laws. Article 4. Provincial-level forensic medicine centers 1. Provincial-level forensic medicine centers have the following functions and tasks: a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in forensic medicine; c/ Annually, to report to provincial-level Health Departments and Justice Departments on organization of forensic medical expertise activities in their localities and concurrently send these reports to the National Institute of Forensic Medicine; d/ Other tasks provided by provincial-level People’s Committees. 2. A provincial-level forensic medicine center has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The provincial-level Health Department director shall appoint the director and deputy directors of the provincial-level forensic medicine center and notify the appointment to the provincial-level Justice Department. 3. Provincial-level forensic medicine centers are public non-business units and operate under the Law on Judicial Expertise, this Decree and other relevant laws. Article 5. Army Institute of Forensic Medicine under the Ministry of National Defense 1. The Army Institute of Forensic Medicine has the following functions and tasks: a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in forensic medicine; c/ To carry out international cooperation in forensic medicine under the Ministry of National Defense’s regulations; d/ Annually, to conduct final reviews and report to the Ministry of National Defense, the Ministry of Health and the Ministry of Justice on forensic medical expertise activities in the army; and concurrently send these reports to the National Institute of Forensic Medicine; dd/ Other tasks provided by the Minister of National Defense. 2. The Army Institute of Forensic Medicine has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The appointment of the director and deputy directors of the Army Institute of Forensic Medicine complies with regulations of the Minister of National Defense. Article 6. Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security 1. The Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, has the following functions and tasks: a/ To conduct forensic medical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in forensic medicine; c/ Other tasks provided by the Minister of Public Security. 2. The Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The appointment of the director and deputy directors of the Forensic Medical Expertise Center under the Institute of Criminal Sciences, the Ministry of Public Security, complies with regulations of the Minister of Public Security. Article 7. The Central Institute of Forensic Psychiatry under the Ministry of Health 1. The Central Institute of Forensic Psychiatry has the following functions and tasks: a/ To conduct forensic psychiatric expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To formulate and submit regulations on forensic psychiatric expertise to the Minister of Health for promulgation; c/ To formulate programs and materials for, and organize and guide, professional training and retraining in forensic psychiatry; d/ To guide, direct and examine forensic psychiatric expertise institutions nationwide in forensic psychiatric activities according to regulations of the Ministry of Health; dd/ To conduct scientific research in forensic psychiatry; e/ To carry out international cooperation in forensic psychiatry according to regulations of the Ministry of Health; g/ Annually, to conduct final reviews and report to the Ministry of Health and the Ministry of Justice on organization of forensic psychiatric expertise activities; to propose measures for improving the effectiveness of forensic psychiatric expertise activities; h/ Other tasks provided by the Minister of Health. 2. The Central Institute of Forensic Psychiatry has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The director and deputy directors of the Central Institute of Forensic Psychiatry are appointed by the Minister of Health. 3. The Central Institute of Forensic Psychiatry is a public non-business unit and operates under the Law on Judicial Expertise, this Decree and other relevant laws. Article 8. Regional forensic psychiatry centers under the Ministry of Health Regional forensic psychiatry centers under the Ministry of Health have the following functions and tasks: a/ To conduct forensic psychiatric expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in forensic psychiatry; c/ Annually, to report to the Ministry of Health on forensic psychiatric expertise institutions and activities and concurrently send these reports to the Central Institute of Forensic Psychiatry; d/ Other tasks provided by the Minister of Health. 2. A regional forensic psychiatry center has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. Directors and deputy directors of regional forensic psychiatry centers are appointed by the Minister of Health. 3. Regional forensic psychiatry centers are public non-business units and operate under the Law on Judicial Expertise, this Decree and other relevant laws. Article 9. Institute of Criminal Sciences under the Ministry of Public Security The Institute of Criminal Sciences has the following functions and tasks: a/ To conduct criminal technical and forensic expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To formulate and submit regulations on criminal technical expertise to the Minister of Public Security for promulgation; c/ To formulate programs and materials for, and organize and guide, professional training on criminal techniques; d/ To guide, direct and examine criminal technical expertise institutions nationwide in criminal expertise activities according to regulations of the Ministry of Public Security; dd/ To conduct scientific research in criminal techniques and forensic medicine; e/ To carry out international cooperation in criminal techniques and forensic medicine according to regulations of the Ministry of Public Security; g/ Annually, to conduct final reviews and report to the Ministry of Public Security and the Ministry of Justice on organization of criminal expertise activities; to conduct final reviews and report to the Ministry of Public Security, the Ministry of Health and the Ministry of Justice on organization of forensic medical expertise activities in the public security sector and concurrently send these reports to the National Institute of Forensic Medicine; to propose measures for improving the effectiveness of criminal technical expertise and forensic medical expertise activities; h/ Other tasks provided by the Minister of Public Security. 2. The Institute of Criminal Sciences under the Ministry of Public Security has a director and deputy directors. The director and deputy directors in charge of professional affairs must be judicial experts. The appointment of the director and deputy directors of the Institute of Criminal Sciences complies with regulations of the Minister of Public Security. Article 10. Criminal technique sections under provincial-level Police Departments 1. Criminal technique sections have the following functions and tasks: a/ To conduct criminal technical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in criminal techniques; c/ Annually, to report to provincial-level Police Departments and Justice Departments on organization of criminal technical expertise activities; to report to provincial-level Police Departments, Health Departments, Justice Departments and the National Institute of Forensic Medicine on post-mortem forensic expertise activities and concurrently send these reports to the Institute of Criminal Sciences; d/ Other tasks provided by the Minister of Public Security. 2. A criminal technique section under a provincial-level Police Department has a head and deputy heads. The head and deputy heads in charge of professional affairs must be judicial experts. The appointment of heads and deputy heads of criminal technique sections complies with regulations of the Minister of Public Security. Article 11. Criminal Technical Expertise Division under the Ministry of National Defense 1. The Criminal Technical Expertise Division has the following functions and tasks: a/ To conduct criminal technical expertise in accordance with the legal procedures law and the Law on Judicial Expertise; b/ To conduct scientific research in criminal techniques; c/ Annually, to review and report to the Ministry of National Defense on criminal expertise activities and concurrently send these reports to the Institute of Criminal Sciences under the Ministry of Public Security; d/ Other tasks provided by the Minister of National Defense. 2. The Criminal Technical Expertise Division has a head and deputy heads. The head and deputy heads in charge of judicial expertise must be judicial experts. The appointment of the head and deputy heads of the Criminal Technical Expertise Division complies with regulations of the Minister of National Defense. Chapter III JUDICIAL EXPERTISE OFFICES Article 12. Judicial expertise offices 1. Judicial expertise offices are organized and operate under the Law on Judicial Expertise, the Law on Enterprises, this Decree and other relevant laws. 2. For judicial expertise offices operating as partnerships, partnership members must be judicial experts. Judicial expertise offices may have capital-contributing members. 3. The name of a judicial expertise office consists of the phrase “judicial expertise office” followed by a proper name. The naming of the office and hanging of its name-board comply with law. 4. Judicial expertise offices have their own head offices, seals and accounts as prescribed by law. Article 13. Applications for establishment of judicial expertise offices and draft organization and operation regulations 1. An application for establishment of a judicial expertise office provided at Point a, Clause 2, Article 16 of the Law on Judicial Expertise must have the following principal details: a/ Full name; date of birth; place of permanent residence registration; and ID number of the applicant; b/ Full names of partnership members or capital contributing members; c/ Name and address of the office; d/ Fields of judicial expertise; dd/ Commitments to observing law during the operation process. 2. The draft organization and operation regulation provided at Point c, Clause 2, Article 16 of the Law on Judicial Expertise of a judicial expertise office operating as a private enterprise must have the following principal contents: a/ Name and address of the office; b/ Fields of judicial expertise; c/ Full name; date of birth; place of permanent residence registration; and ID number of the office’s at-law representative; d/ List of judicial experts working on a contractual basis (if any); dd/ Provisions on employment of judicial experts; e/ Rights and obligations of the office; g/ Information and reporting regime; h/ Effect. 3. In addition to the contents provided in Clause 2 of this Article, the draft organization and operation regulation of a judicial expertise office operating as a partnership must have the following principal details: a/ Full names of partnership members or capital contributing members (if any); b/ Capital portions contributed by partnership members and capital-contributing members (if any); c/ Rights and obligations of partnership members and capital-contributing members (if any); d/ Organizational and managerial structure; dd/ Mode of approving the office’s decisions; e/ Grounds and methods for determining remuneration, salaries and bonuses for partnership members, capital contributing members and employees; g/ Principles on settlement of internal disputes and profit sharing; h/ Cases of operation termination and asset liquidation procedures; i/ Mode of amending and supplementing the Regulation; k/ Full names and signatures of partnership members; l/ Other contents agreed between partnership members, which are not contrary to law. Article 14. Applications for operation registration and operation registration certificates of judicial expertise offices 1. The application for operation registration of a judicial expertise office provided at Point a, Clause 2, Article 17 of the Law on Judicial Expertise must have the following principal contents: a/ Serial number of the decision permitting the establishment of the office; b/ Name and abbreviated name (if any) of the office; c/ Address of the office; d/ Full name; date of birth; place of permanent residence registration; and ID number of the office’s at-law representative; dd/ Fields of judicial expertise; e/ List of partnership members of the office (if any). 2. The operation registration certificate of a judicial expertise office shall be made in 2 copies, one to be granted to the judicial expertise office and other, preserved at the provincial-level Justice Department. The operation registration certificate of a judicial expertise office has the following principal contents: a/ Serial number and date of issuance of the certificate; b/ Name of the office, serial number of the decision permitting the establishment of the office; c/ Address of the office; d/ Fields of judicial expertise; dd/ Full name of the office’s at-law representative; e/ Full names and places of permanent residence registration of partnership members (if any). Article 15. Change of operation registration contents and re-grant of operation registration certificates of judicial expertise offices 1. Operation registration certificates of judicial expertise offices will be re-granted when the office change their names, addresses, at-law representatives or partnership members. Within 5 working days after changing its name, address, at-law representative or partnership member, a judicial expertise office shall send an application for re-grant of the operation registration certificate, enclosed with the granted certificate, to the provincial-level Justice Department with which it has made operation registration. Within 5 working days after receiving a valid dossier, provincial-level Justice Department shall consider and re-grant the operation registration certificate to the judicial expertise office. In case of refusal to re-grant the operation registration certificate, the provincial-level Justice Department shall make a written notice clearly stating the reason. Judicial expertise offices whose applications for re-grant of operation registration certificates are rejected may lodge complaints or initiate lawsuits in accordance with law. 2. In case their operation registration certificates are damaged or lost, judicial expertise offices will be re-granted new ones. Judicial expertise offices shall send applications for re-grant of operation registration certificates to provincial-level Justice Departments with which they have made operation registration and prove the damage or loss of their operation registration certificates. Within 5 working days after receiving a valid dossier, the provincial-level Justice Department shall consider and re-grant the operation registration certificate to the judicial exper

Decree 85/2013/ND-CP