Circular 03/2021/TT-BVHTTDL adding articles to Circulars on process of judicial assessment in culture

CIRCULAR

Adding a number of articles to the Circulars providing the process of judicial assessment in the field of culture^[1]

Pursuant to the 2012 Law on Judicial Assessment and the 2020 Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment;

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 Department of Legal Affairs,

The Minister of Culture, Sports and Tourism promulgates the Circular adding a number of articles to the Circulars providing the process of judicial assessment in the field of culture.

Article 1. To add a number of articles to the Circulars providing the process of judicial assessment in the field of culture

1. To add Article 6a below Article 6 of the Minister of Culture, Sports and Tourism’s Circular No. 02/2019/TT-BVHTTDL of July 5, 2019, providing the process of judicial assessment of copyright and related rights, as follows:

“Article 6a. Assessment time limit

1. The assessment time limit is 3 months as specified in Clause 1, Article 26a of the Law on Judicial Assessment which was added under Clause 16, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment.

 2. The assessment time limit may be prolonged under decisions of assessment-soliciting bodies for up to half of the assessment time limit specified in Clause 1 of this Article.

3. Assessment solicitors may, before soliciting the assessment, agree on the assessment time limit with to-be-solicited organizations or individuals, which, however, must not exceed the time limit specified in Clause 1 or 2 of this Article

4. In case a new issue arises or there is a ground to believe that the assessment cannot be completed within the law-specified time limit, individuals or organizations carrying out the assessment shall promptly notify such in writing to assessment solicitors, clearly stating reasons and projected time of assessment completion and making of assessment conclusions.”

2. To add Article 6a below Article 6 of the Minister of Culture, Sports and Tourism’s Circular No. 03/2019/TT-BVHTTDL of July 5, 2019, providing the process of judicial assessment of relics and antiques, as follows:

“Article 6a. Assessment time limit 

1. For cases in which assessment is compulsory, the assessment time limit must comply with Article 206 of the Criminal Procedure Code.

2. For cases other than those specified in Clause 1 of this Article, the assessment time limit is 2 months as specified in Clause 1, Article 26a of the Law on Judicial Assessment which was added under Clause 16, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment.

3. The assessment time limit may be prolonged under decisions of assessment-soliciting bodies for up to half of the assessment time limit specified in Clause 2 of this Article.

4. Assessment solicitors may, before soliciting the assessment, agree on the assessment time limit with to-be-solicited organizations or individuals, which, however must not exceed the time limit specified in Clause 2 or 3 of this Article.

5. In case a new issue arises or there is a ground to believe that the assessment cannot be completed within the law-specified time limit, individuals or organizations carrying out the assessment shall promptly notify such in writing to assessment solicitors, clearly stating reasons, and projected time of assessment completion and making of assessment conclusions.”

3. To add Article 6a below Article 6 of the Minister of Culture, Sports and Tourism’s Circular No. 08/2019/TT-BVHTTDL of September 3, 2019, providing the process of judicial assessment of cultural products, as follows:

“Article 6a. Assessment time limit

1. The assessment time limit is 2 months as specified in Clause 1, Article 26a of the Law on Judicial Assessment which was added under Clause 16, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment.

 2. The assessment time limit may be prolonged under decisions of assessment-soliciting bodies for up to half of the assessment time limit specified in Clause 1 of this Article.

3. Assessment solicitors may, before soliciting the assessment, agree on the assessment time limit with to-be-solicited organizations or individuals, which, however, must not exceed the time limit specified in Clause 1 or 2 of this Article.

4. In case a new issue arises or there is a ground to believe that the assessment cannot be completed within the law-specified time limit, individuals or organizations carrying out the assessment shall promptly notify such in writing to assessment solicitors, clearly stating reasons, and projected time of assessment completion and making of assessment conclusions.”

Article 2. Organization of implementation

1. The Department of Legal Affairs shall assume the prime responsibility for, and coordinate with related agencies and units in, guiding and inspecting the implementation of this Circular.

2. Provincial-level Departments of Culture, Sports and Tourism or provincial-level Departments of Culture and Sports shall organize the implementation of, and urge related agencies, organizations and individuals to implement, this Circular.

Article 3. Effect

1. This Circular takes effect on August 1, 2021.

2. Agencies, units and individuals shall promptly report problems arising in the course of implementation of this Circular to the Ministry of Culture, Sports and Tourism (via the Department of Legal Affairs) for study and revision as appropriate.-

Minister of Culture, Sports and Tourism
NGUYEN VAN HUNG