Quyết định 01/2014/QD-TTg

DECISION

ALLOWANCES FOR JUDICIAL EXPERTISE

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Judicial Expertise dated June 20, 2012;

Pursuant to the Government’s Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary regime for officials and civil servants and armed forces;

Pursuant to the Government’s Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing the implementation of the Law on Judicial expertise;

At the request of the Minister of Justice,

The Prime Minister promulgates the Decision on allowances for judicial expertise;

Article 1. Scope and regulated entities

1. Judicial experts, ad hoc judicial experts shall enjoy salaries from state budget.

2. Assistants to judicial experts who receive salaries from state budget include Assistants, technicians, medical orderly, crime scene investigative technicians (in case of participation in post-mortem examination, autopsy, exhumation; other persons who assist judicial experts and directly participate in the process of judicial expertise organized by the head shall be appointed at a poll or by judicial experts who coordinate the expertise.

3. Judicial experts, procurators, judges assigned by competent state agencies to perform duties such as post-mortem examination, autopsy and exhumation;

Article 2. Allowances for judicial expertise by working day

1. Allowances for judicial expertise by working day shall be applied to such areas as forensic medicine on poisoning, histology, documentation and mentality; criminal techniques; finance; banking; culture; construction; natural resources and environment; information and communication; agriculture – forestry – fishery and other areas;

2. Level of allowances in a working day for judicial experts as prescribed in Clause 1 of this Article is prescribed as follows:

a) VND 150,000 for cases not prescribed in Points b and c of this Clause;

b) VND 300,000 for judicial examinations conducted on subjects carrying infectious diseases or in areas hit by dangerous infectious diseases of Group B as prescribed in Point b, Clause 1, Article 3 of the Law on Prevention and Treatment of Infectious Diseases, or in polluted environment other than the cases as prescribed in Point c of this Clause;

c) VND 500,000 for judicial examinations conducted on subjects infected with HIV/AIDS, carrying particularly dangerous infectious diseases or in the areas hit by infectious diseases of Group A as prescribed in Point a, Clause 1, Article 3 of the law on prevention and treatment of infectious diseases; or in contact with radioactive substances as prescribed by the Ministry of Science and Technology, hazardous chemicals as defined in the list enclosed with the Government’s Decree No. 108/2008/NĐ-CP dated October 07, 2008 providing instructions on the implementation of a number of the Law on Chemicals, the Government’s Decree No. 26/2011/NĐ-CP dated April 08, 2011 amending and supplementing a number of articles of Decree No. 108/2008/NĐ-CP (Hereinafter referred to as Decree No. 108/2008/NĐ-CP and Decree No. 26/2011/NĐ-CP) and other hazardous and poisonous substances according to relevant law provisions;

3. A working day for judicial examination is 8 hours.

Allowances for a judicial expert are determined as follows:

Time and quantity of work required for judicial examination according to the process of standard judicial expertise in each area are prescribed by ministries and ministerial-level agencies in charge of judicial expertise.

4. In case time for judicial examination exceeds eight hours per day, total extra time should not exceed 300 hours per year.

5. In case judicial examination has to be conducted on weekly days off, level of allowances shall be twice as the levels as prescribed in Clause 2 of this Article.

In case judicial examination has to be conducted on public holidays, holidays with pay as prescribed, level of allowances shall be triple the levels as prescribed in Clause 2 of this Article.

Article 3. Allowances for ad hoc judicial expertise

1. Allowances for ad hoc judicial expertise shall applied to judicial examinations conducted on living persons and dead bodies in the area of forensic medicine.

2. Level of allowances for a judicial expert conducting examination on living persons as follows:

a) VND 160,000 for a request for subspecialty examinations;

b) VND 200,000 for a request for general examinations;

c) VND 300,000 for a request for medical subspecialty consultation performed by judicial experts as experts in the specialism.

3. Level of allowances for a person who performs examination on a dead body that is not preserved properly as prescribed or naturally rotten (without performing autopsy) as follows:

a) VND 600,000 for a dead body within 48 hours;

b) VND 800,000 for a dead body from 48 hours to seven days;

c) VND 1,000,000 for a dead body more than seven days;

4. Level of allowances for a person who performs autopsy on a dead body that is not preserved properly as prescribed or naturally rotten as follows:

a) VND 1,500,000 for a dead body of around 48 hours;

b) VND 2,500,000 for a dead body of from 48 hours to seven days;

c) VND 3,000,000 for a dead body more than seven days;

d) VND 4,500,000 for a dead body more than seven days and subject to exhumation;

5. In case a dead boy is preserved under the Standard of the Ministry of Health, the judicial expert shall enjoy 75% of the levels as prescribed in Clauses 3, 4 of this Article.

6. If forensic examinations are conducted on dead bodies infected with HIV/AIDS, carrying particularly dangerous infectious diseases or in the areas hit by infectious diseases of Groups A, B as prescribed in Points a, b, Clause 1, Article 3 of the Law on prevention and treatment of infectious diseases; or in contact with radioactive substances as prescribed by the Ministry of Science and Technology, hazardous chemicals as defined in the list enclosed with Decree No. 108/2008/NĐ-CP and Decree No. 26/2011/NĐ-CP and other hazardous and poisonous substances according to relevant law provisions, level of allowances shall be applied corresponding to provisions prescribed in Point c, Clause 3, or Point d, Clause 4 of this Article.

7. Level of allowances for a person who conducts examination on human remains s as follows:

a) VND 3,000,000/remains;

b) VND 4,000,000/remains for examinations being conducted in the areas hit by infectious diseases of Groups A, B as prescribed in Points a, b, Clause 1, Article 3 of the Law on prevention and treatment of infectious diseases; or in contract with radioactive substances as prescribed by the Ministry of Science and Technology, hazardous chemicals as defined in the list enclosed with Decree No. 108/2008/NĐ-CP and Decree No. 26/2011/NĐ-CP and other hazardous and poisonous substances according to relevant law provisions;

Article 4. Level of allowances for assistants to judicial experts; persons who are assigned by competent state agencies to perform post-mortem examination, autopsy and exhumation

1. Assistants to judicial experts as prescribed in Clause 2, Article 1 hereof shall enjoy 70% of the level enjoyed by the judicial expert.

2. Procurators, investigators, judges as prescribed in Clause 3, Article 1 hereof shall enjoy 30% of the level enjoyed by the judicial expert.

Article 5. Budget sources and principles of paying allowances for judicial expertise

1. Allowances for judicial expertise on criminal cases or cases as solicited by competent investigation agencies are ensured by state budget and allocated in annual funds of legal proceeding agencies according to the Law on State Budget.

Annually, legal proceeding agencies shall make cost estimates and make proposals to competent agencies for approval and allocation of budgets for paying allowances for judicial expertise; using the budget to pay allowances for judicial expertise is prescribed by laws.

2. Budget to pay allowances for judicial expertise on criminal cases, cases solicited by legal proceeding agencies at the request of litigants shall be paid by litigants according to laws;

3. Upon receipt of results of examinations, expertise soliciting agencies shall be responsible for advancing allowances to organizations and individuals that carry out examinations.

Article 6. Responsibilities of agencies

1. The Ministry of Justice shall be responsible for monitoring and speeding up the implementation of allowance regime for judicial expertise at ministries, regulatory bodies and local governments; preside over and cooperate with the Ministry of Finance, the Ministry of Public Security and relevant ministries and sectors in conducting the inspection of the implementation of allowance regime for judicial expertise; make partial and entire summing-ups, and report to the Prime Minister.

2. Ministries, ministerial-level agencies in charge of judicial expertise shall preside over and cooperate with the Ministry of Justice and relevant ministries and sectors in guiding and regulating judicial expertise and defining time and number of judicial experts in the areas within management; organize and inspect the implementation of allowance regime for judicial expertise in the areas within management; make annual reports to the Ministry of Justice for compilation and reporting to the Prime Minister.

3. The Ministry of Public Security shall preside over and cooperate with the Ministry of Justice and relevant ministries and sectors in regulating composition and number of people assigned by competent state agencies for performing post-mortem examination, autopsy and exhumation as prescribed in Clause 3, Article 1 hereof.

4. The Ministry of Finance shall preside over and cooperate with the Ministry of Public Security, the Ministry of Justice and relevant ministries and sectors in providing instructions on foundations, procedures on the establishment of cost estimates, issuance, management and use of budget to pay allowances for judicial expertise by legal proceeding agencies; providing instructions on orders and procedures on payment of allowances as prescribed hereof; preside over and cooperate with the Ministry of Justice and relevant ministries and sectors in carrying out the inspection of cost estimation, issuance and use of budget to pay allowances for judicial expertise in ministries, sectors and localities.

5. The Ministry of Public Security, the Ministry of National Defense and relevant agencies shall be responsible for establishing cost estimates and make proposals to competent agencies for approval and allocation of budgets for paying allowances for judicial expertise solicited by legal proceeding agencies.

6. People’s committees of central-affiliated cities and provinces shall be responsible for organizing and inspecting the implementation of allowance regimes for judicial expertise in localities and make annual reports to the Ministry of Justice for compilation and reporting to the Prime Minister.

Article 7. Effect

1. This decision takes effect since March 15, 2014.

2. The Prime Minister’s Decision No. 74/2009/QĐ-TTg dated May 07, 2009 on allowance regimes for judicial expertise shall become invalid since the effective date of this Decision.

Article 8. Implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People’s committees of central-affiliated cities and provinces and heads of relevant agencies shall be responsible for executing this Decision./.