Circular No. 08/2019/TT-BVHTTDL dated September 03, 2019 of the Ministry of Culture, Sports and Tourism on prescribing the process of judicial expertise applicable to cultural products

CIRCULAR

Prescribing the process of judicial expertise applicable to cultural products^[1]

Pursuant to the Law on Judicial Expertise;

Pursuant to the Cinematography Law and the Law Amending and Supplementing a Number of Articles of the Cinematography Law;

Pursuant to the Government’s Decree No. 103/2009/ND-CP of November 6, 2009, promulgating the Regulation on cultural activities and provision of public cultural services;

Pursuant to the Government’s Decree No. 54/2010/ND-CP of May 21, 2010, detailing a number of articles of the Cinematography Law and the Law Amending and Supplementing a Number of Articles of the Cinematography Law;

Pursuant to the Government’s Decree No. 79/2012/ND-CP of October 5, 2012, on art performances, fashion shows; beauty and model contests; and circulation and trading of audio and visual recordings of song, dances, musical and theatrical performances, and the Government’s Decree No. 15/2016/ND-CP of March 15, 2016, amending and supplementing a number of articles of Decree No. 79/2012/ND-CP;

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

Pursuant to the Government’s Decree No. 113/2013/ND-CP of October 2, 2013, on fine art activities;

Pursuant to the Government’s Decree No. 72/2016/ND-CP of July 1, 2016, on photographic activities;

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 Department of Legislation;

The Minister of Culture, Sports and Tourism promulgates the Circular prescribing the process of judicial expertise applicable to cultural products.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes the process of judicial expertise to make expert conclusions on cultural values of cultural products (except relics, antiques and copyright and related rights) when solicited by proceeding-conducting bodies or persons or requested by judicial expertise requesters.

Article 2.Subjects of application

This Circular applies to individual or institutional judicial expertise performers and other organizations and individuals involved in judicial expertise with respect to cultural products.

Article 3.Interpretation of terms

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

1.Cultural productmeans a product subject to the specialized cultural management by the Ministry of Culture, Sports and Tourism in accordance with law.

2.Individual judicial expertise performers for cultural productsinclude judicial experts and ad-hoc judicial expertise performers in the field of culture with appropriate qualifications, who are appointed and announced in accordance with the law on judicial expertise.

3.Institutionaljudicial expertise performers for cultural productsinclude the Ministry of Culture, Sports and Tourism, provincial-level Departments of Culture, Sports and Tourism or provincial-level Departments of Culture and Sports, and ad-hoc judicial expertise institutions with appropriate expertise activities that have been announced in accordance with the law on judicial expertise.

Chapter II

PROCESS OF JUDICIAL EXPERTISE OF CULTURAL PRODUCTS

Article 4.Receipt of expertise requests and solicitation

1. Individual judicial expertise performers of cultural products (below referred to as judicial expertise persons) or institutional judicial expertise performers of cultural products (below referred to as judicial expertise institutions) shall receive an expertise solicitation or request enclosed with the to-be-expertised object and related documents and objects (if any) for performance of expertise. In case the conditions for expertise are not fully met, they shall refuse to perform expertise in accordance with law.

2. The handover and receipt of dossiers and objects subject to the solicitation or request for judicial expertise of cultural products must comply with Article 3 of the Minister of Culture, Sports and Tourism’s Circular No. 07/2014/TT-BVHTTDL of July 23, 2014, prescribing dossiers and forms for judicial expertise; application of professional regulations for judicial expertise in the field of culture; conditions on physical facilities, equipment and means of judicial expertise offices for judicial expertise of relics, antiques, copyright and relevant rights (below referred to as Circular No. 07/2014/TT-BVHTTDL).

Article 5.Preparations for expertise

1. Judicial expertise persons or institutions shall examine solicitation or request dossiers and relevant specific regulations to prepare for the judicial expertise. In case of necessity to further clarify expertise solicitation or request contents or to-be-expertised objects, to request solicitors or requesters to additionally provide related information and documents.

2. Judicial expertise institutions shall base themselves on expertise solicitation or request dossiers to select appropriate judicial experts and ad-hoc judicial expertise persons, and assign persons responsible for coordinating the performance of judicial expertise.

3. Judicial expertise institutions shall conduct judicial expertise of expertised objects in the form of collective expertise. The number of judicial expertise persons must be at least three.

Decisions on performance of judicial expertise shall be made according to Form No. 01 provided in the Appendix to this Circular.

4. In case of necessity, judicial expertise persons shall organize the collection of test results or other professional conclusions before making an assessment.

Article 6.Expertise performance

1. Judicial expertise persons shall examine to-be-expertised objects (cultural products) and related documents to make professional comments on to-be-expertised objects based on the following requirements:

a/ Overall examination of contents of cultural products;

b/ Examination of shape, size, color, decorative patterns and other relevant characteristics of cultural products.

2. For to-be-expertised objects which cannot be moved or are hard to be moved, judicial expertise persons shall organize the examination of expertised objects at the requester’s or solicitor’s storage place. The examination of expertised objects at the requester’s or solicitor’s storage place shall be recorded in minutes to be filed in expertise dossiers.

Minutes of examination of expertised objects shall be made according to Form No. 02 provided in the Appendix to this Circular.

3. Judicial expertise persons shall promptly, fully and truthfully record in writing the process of expertise and expertise results and include them in expertise dossiers.

Documents recording the expertise process shall be made according to Form No. 02 promulgated together with Circular No. 07/2014/TT-BVHTTDL.

Article 7.Expertise conclusions

Judicial expertise persons shall, based on judicial expertise and test results or other professional conclusions (if any), relevant regulations or general cultural standards, make conclusions on expertised objects.

Expertise conclusions shall be made according to Forms No. 04a and 04b promulgated together with Circular No. 07/2014/TT-BVHTTDL.

Article 8.Handover of expertise conclusions

Upon the completion of the judicial expertise of cultural products, judicial expertise persons or institutions shall hand over expertise conclusions to expertise solicitors or requesters.

Minutes of handover of expertise conclusions shall be made according to Form No. 05 promulgated together with Circular No. 07/2014/TT-BVHTTDL.

Article 9.Compilation and archive of expertise dossiers

Judicial expertise persons or institutions shall compile judicial expertise dossiers for cultural products in accordance with Clause 1, Article 33 of the Law on Judicial Expertise and this Circular.

The preservation and archive of judicial expertise dossiers must comply with the law on archives.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10.Organization of implementation

1. The Department of Legislation 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 and Departments of Culture and Sports shall organize the implementation, and inspect and urge related agencies, organizations and individuals in the implementation of this Circular.

Article 11.Effect

1. This Circular takes effect on November 15, 2019.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Culture, Sports and Tourism (via the Department of Legislation) for appropriate amendment and supplementation.-

Minister of Culture, Sports and Tourism
NGUYEN NGOC THIEN

* The Appendix to this Circular is not translated.