Circular No. 03/2019/TT-BVHTTDL dated July 05, 2019 of the Minister of Culture, Sports and Tourismon on prescribing the process of judicial expertise of relics and antiques

CIRCULAR

Prescribing the process of judicial expertise of relics and antiques^[1]

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

Pursuant to the June 29, 2001 Law on Cultural Heritages, and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritages;

Pursuant to the Government’s Decree No. 85/2013/ND-CP of July 29, 2013, detailing, and providing measures to implement, the Law on Judicial Expertise;

Pursuant to the Government’s Decree No. 98/2010/ ND-CP of September 21, 2010, detailing the implementation of  a number of articles of the Law on Cultural Heritages and the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritages;

Pursuant to the Government’s Decree No. 79/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Legal Affairs Department;

The Minister of Culture, Sports and Tourism promulgates the Circular prescribing the process of judicial expertise of relics and antiques.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the process of judicial expertise solicited by procedure-conducting bodies or persons or requested by judicial expertise requesters to determine whether an object is a relic or antique or not.

Article 2. Subjects of application

This Circular applies to individual and institutional judicial expertise performers and other organizations and individuals involved in judicial expertise of relics and antiques.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Relic or antique means an object identified in accordance with the law on cultural heritages.

2. Individual performers of judicial expertise of relics and antiques include judicial experts and ad hoc judicial expertise performers in the field of culture relevant to their specialties, who have been appointed or announced in accordance with the law on judicial expertise.

3. Institutional performers of judicial expertise of relics and antiques include the Ministry of Culture, Sports and Tourism, provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports, judicial expertise offices, and ad hoc judicial expertise organizations that have relevant specialized activities and have been announced in accordance with the law on judicial expertise.

Chapter II

PROCESS OF JUDICIAL EXPERTISE OF RELICS AND ANTIQUES

Article 4. Receipt of expertise requests or solicitation

1. Individual performers of judicial expertise of relics and antiques (below referred to as individual judicial expertise performers), or institutional performers of judicial expertise of relics and antiques (below referred to as institutional judicial expertise performers) shall receive expertise solicitation and requests enclosed with to be-expertized objects and related documents and objects (if any) before performing expertise; and may refuse to do so in accordance with law in case the conditions for expertise are not satisfied.