Decree No. 85/2013/ND-CP of July 29, 2013, detailing and providing measures for implementing the Law on Judicial Expertise

THE GOVERNMENT

Decree No. 85/2013/ND-CP of July 29, 2013, 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.