Circular 42/2015/tt-Byt: A Guide To The Functions, Duties, Powers And Structure Of The Forensic Center, Central Cities

Original Language Title: Thông tư 42/2015/TT-BYT: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Trung tâm Pháp y tỉnh, thành phố trực thuộc Trung ương

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Circular functions, tasks, powers and structure of the forensic Center, central cities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 63/2012/ND-CP on August 31, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 85/2013/ND-CP on July 29, 2013 of government regulation and details measures to enforce the law on the judicial inspection;
At the suggestion of the Director of the Organization Department-Ministry of health;
The Minister of Health issued a circular functions, tasks, powers and structure of the forensic Center, central cities.
Chapter I GENERAL PROVISIONS article 1. Scope this guidance circular functions, tasks, powers and structure of the forensic Center, central cities (referred to as the provincial forensic Center).
Article 2. The legal position of the French provincial medical center is a public health career has collected directly under the Department of health, has legal personality, based, seal, private accounts are opened the account in the State Treasury and Bank under the provisions of the law.
Chapter II FUNCTIONS, duties and powers of the Heart 3. The function provincial forensic Center have organized functions perform forensics on the province; scientific research and training, training in the forensic field. Article 4. Task 1. Perform forensics work on the province include: a) the examiner and examiner back injury to the body caused by injury and other causes;
b) intrusion inspection body served the proceedings, gender expertise;
c) examiner and examiner back body, inspection body. Participate in the assessment of cases of death due to catastrophic disasters in and outside the country under the direction of the Health Ministry and the competent authorities;
d) examiner and examiner back on record;
DD) other assessment cases prescribed by the law and the referendum of the agency conducting the proceedings;
e forensics) as required under the provisions of the law.
2. Participation in the activities under the provisions of the legislation include: a) join the Council enforced the death penalty;
b) determined brain dead for donation, tissue grafts, and parts of the human body according to the provisions of the law.
3. Research and research applications of scientific advances, techniques of forensic disciplines. 4. Join the training, training on technical expertise in the field of medicine. The basis of the practice of the training of local health personnel and of Central forensics field. 5. Perform medical services according to the needs when qualified and competent State agencies allow as prescribed by law.
6. Perform the management employees, workers and financial management, the assets of the unit in accordance with the law.
7. Prepare information, statistical reports, medical reports, the Justice Department and the National Forensic Institute of forensics activities, to propose measures to improve the effectiveness of activities in the field of forensic medicine in the province.
8. Manage and organize the implementation of the project, the project, national health programmes and international cooperation in the field of forensic medicine in the province when it was delivered, the authorized approval.
9. Performs other duties by the provincial people's Committee, the Department of health and the competent State bodies.
Article 5. Powers 1. Is entitled to propose coordinated, professional support and use of the equipment to the medical facility in the province to perform forensics work in accordance with the law.
2. Is entitled to invite experts, the examiner under the case and use the professional conclusion in the course of performing forensics;
3. the right to request the referendum, who requested the assessment to provide information and documents required in the process of performing forensics. 4. Be refused to perform forensics if there are not enough necessary conditions for performing the assessment;
5. Get an advance inspection of Justice when the referendum, forensics requirements; timely payment, full forensics costs when paying the forensics results. Article 6. The relationship of the provincial forensic Center with agencies 1. Subject to the direction, management, direct on the Organization, operation and resource of the Department of health, the central cities.
2. Subject to the direction, testing, inspection, professional guide service forensic Ministry of health and the national forensics Institute.
3. Subject to the governance of the Justice Department on the work of the judicial inspection guidance, direction, checking its compliance with the provisions of the law on the judicial inspection.
Chapter III ORGANIZATIONAL STRUCTURE and the NUMBER of the WORK Center'S 7. 1 Center leadership. French provincial medical center directors and not more than 2 Deputy Director. The Director, Deputy Director in charge of professional expertise must be forensic appraiser. 2. Forensic Center Director responsible to the provincial director of the Department of health, the law on the overall operation of the Center; Deputy Director of the provincial forensic Center is responsible to the Director of the Center and before the law on the duties assigned.
3. The appointment, the dismissal of the Director, the Deputy Director of the provincial forensic Center follow the rule of law and decentralized management of public servants, employees of the provincial people's Committee.
Article 8. The function rooms and faculty expertise 1. The rooms: a) personnel-administration-management;
b) planning and finance.
2. The faculty expertise a) Faculty of the assessment;
b) Anatomy;
c) laboratory-diagnostic imaging.
Based on the actual local situation, Centre Manager can suggest the Director of the Department of health to review the provincial people's Committee established to add some departments such as DNA Laboratory, Chemistry or other necessary departments when there is demand and qualified under the provisions of the law.
3. The functions and duties of the Faculty in the center of the rooms, provincial forensics by the Director under the Regulations Guide Appendix to this circular.
Article 9. Job placement and the number of people working occupations, the number of people working and the structure of employees according to the occupations of the provincial forensic Center is determined on the basis of job placement scheme or schemes that adjust the position of the work of the Centre is the competent State agency evaluation , approved in accordance with the law.
Chapter IV RESPONSIBLE for the IMPLEMENTATION of article 10. Effective enforcement of this circular effect since January 2016.
Article 11. Responsibility 1. Organization of Ministry-the Ministry of health made the clue in collaboration with Department of management treatment and National Forensic Institute Guide, examine the implementation of this circular.
2. The Department of health of the province, central cities are responsible for: a) the base specified in this circular guide provincial forensic Center building functions, duties, powers, organizational structure of the Central People's Committee, the central cities of approval;
b) master plan construction develop provincial Forensics Centre the approval authority as the basis for the investment in equipment, infrastructure, ensure good forensics work on the province to meet the needs of the body conducting the proceedings.
3. provincial Forensics Centre and the agencies, organizations, individuals concerned are responsible for the implementation of this circular.
In the implementation process if problems arise or difficult problems, the province, the central cities reflected promptly in writing to the Ministry of health (through the Service Organization officers) review, resolve according to jurisdiction./.


 



DEPUTY MINISTER signature (signed) Nguyen Viet Tien ANNEX guide function, the tasks of the Faculty in the Center, the forensics, the central cities (attached to circular No. 42/2015/TT-BYT on November 16 in 2015 of the Minister of health) 1. Personnel-administration-administrator a) clue Help Center Director in the management of the officers, servants, officers and employees; the main mode of remuneration, reward, discipline and protecting the internal politics of the Centre in accordance with the law;
b) organizations implementing administrative clerical tasks, archive service for the operation of the Centre;
c) manage the allocated equipment, supplies, chemicals, solvent, according to the plan. Asset management, prescribed equipment;
d) participate in the training, professional training, business center;
DD) Organization clue the preliminary Conference, sum, training, advocacy and information activities on the operation of the forensic specialist;
g) perform statistical mode, reporting under the provisions;
h) performs other duties prescribed by the Director of the Center.
2. Planning-financial a) build, plan, you, the Director for approval to implement the Organization, at the same time, the preliminary organization of the implementation of the plan;
b) construction budgeting, planning to use the annual budget; manage the currency, according to the plan and in accordance with the legal provisions;
c) information gathering and data analysis expertise; the examiner records and perform statistical mode, reporting under the provisions;
d) is responsible for synthesizing, reporting, financial settlement, filing the accounting documents in accordance with the law;
DD) in collaboration with the departments of building plans, deployment of Science Research Center;
g) held currency, charges, fees and other revenues and expenses in accordance with the law;
h) clue held capacity building training, professional expertise, techniques for forensic work;
I) perform other duties as assigned by the Center Director.
3. The Faculty examiner a) holding the forensics on the body damage, determine the cause of death, the remains, forming mechanism of injury, injuries, age, sex, and the assessment on the record, etc.;
b) perform other inspection under the provisions of the law;

c) join the Council enforced the death penalty;
d) marital money health check;
DD) determined brain dead for donation, tissue grafts, and parts of the human body according to the provisions of the law;
g) research and research application of scientific advances in the field of forensic medicine;
h) perform other duties as assigned by the Center Director.
4. Faculty of pathological anatomy a) examination of histopathology, cytology to determine the form and extent of the lesion;
b) perform scientific research in the field of forensic pathological anatomy;
c) perform other duties as assigned by the Center Director.
5. Laboratory and diagnostic imaging a) perform the tests serve the paraclinical examination;
b) perform diagnostic imaging techniques serve for judge;
c) application of scientific advances in the field of forensic medicine;
d) perform other duties as assigned by the Center Director.