Circular No. 01/2022/TT-BVHTTDL amends and supplements some Articles of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014, issued by the Minister of Culture, Sports and Tourism regarding the dossier, sample documents for judicial appraisal; application of professional standards for judicial appraisal activities in the cultural sector; conditions on material facilities, equipment, and means of appraisal of judicial appraisal offices concerning cultural relics, antiques, copyright, and related rights.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 07/2014/TT-BVHTTDL OF JULY 23, 2014, ISSUED BY THE MINISTER OF CULTURE, SPORTS AND TOURISM ON DOCUMENTATION AND SAMPLE DOCUMENTS FOR IMPLEMENTING LEGAL APPRAISALS; APPLICATION OF PROFESSIONAL STANDARDS FOR LEGAL APPRAISAL ACTIVITIES IN THE FIELD OF CULTURE; CONDITIONS REGARDING INFRASTRUCTURE, EQUIPMENT, AND MEANS OF LEGAL APPRAISAL OF THE LEGAL APPRAISAL OFFICE FOR ANTIQUITIES, ANTIQUE ARTIFACTS, COPYRIGHT, AND RELATED RIGHTS

Pursuant to the Legal Appraisal Law 2012 and the Law Amending and Supplementing Certain Articles of the Legal Appraisal Law 2020;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 27, 2013, issued by the Government detailing and providing measures for implementing the Legal Appraisal Law, and Decree No. 157/2020/NĐ-CP dated December 31, 2020, issued by the Government amending and supplementing certain articles of Decree No. 85/2013/NĐ-CP dated July 27, 2013, issued by the Government detailing and providing measures for implementing the Legal Appraisal Law;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Legal Department;

The Minister of Culture, Sports and Tourism issues this Circular amending and supplementing certain articles of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014, issued by the Minister of Culture, Sports and Tourism on documentation and sample documents for implementing legal appraisals; application of professional standards for legal appraisal activities in the field of culture; conditions regarding infrastructure, equipment, and means of legal appraisal of the legal appraisal office for antiques, antique artifacts, copyright, and related rights (hereinafter referred to as Circular No. 07/2014/TT-BVHTTDL).

Article 1. Amendments and supplements to certain articles of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014, issued by the Minister of Culture, Sports and Tourism on documentation and sample documents for implementing legal appraisals; application of professional standards for legal appraisal activities in the field of culture; conditions regarding infrastructure, equipment, and means of legal appraisal of the legal appraisal office for antiques, antique artifacts, copyright, and related rights (hereinafter referred to as Circular No. 07/2014/TT-BVHTTDL)

1. Supplement Point e of Clause 2, Article 4 as follows:

"e) Sample record of examination of the object of appraisal at the place of custody of the party requesting the appraisal (Form No. 06)"

2. Amending and supplementing Clause 5 as follows:

"Article 5. Application of professional standards for legal appraisals in the field of culture

1. Professional standards for legal appraisals concerning copyright and related rights shall be implemented in accordance with Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019, issued by the Minister of Culture, Sports and Tourism on the procedures for legal appraisals concerning copyright and related rights, and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021, issued by the Minister of Culture, Sports and Tourism supplementing certain articles of the Circulars stipulating procedures for legal appraisals in the field of culture.

2. Professional standards for legal appraisals concerning antiques and antique artifacts shall be implemented in accordance with Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019, issued by the Minister of Culture, Sports and Tourism on the procedures for legal appraisals concerning antiques and antique artifacts, and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021, issued by the Minister of Culture, Sports and Tourism supplementing certain articles of the Circulars stipulating procedures for legal appraisals in the field of culture.

3. Professional standards for legal appraisals concerning cultural products shall be implemented in accordance with Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019, issued by the Minister of Culture, Sports and Tourism on the procedures for legal appraisals concerning cultural products, and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021, issued by the Minister of Culture, Sports and Tourism supplementing certain articles of the Circulars stipulating procedures for legal appraisals in the field of culture.

4. Legal appraisals in other specialized fields shall be carried out based on legal normative documents stipulating the specialized fields requiring appraisal. 5. Legal appraisals in the field of culture must be based on legal normative documents that are in effect at the time the incident occurred."

Article 2. Replace the Expert Opinion Conclusion Form (Form 04b)

Replace the Expert Opinion Conclusion Form (Form 04b) issued together with Circular No. 07/2014/TT-BVHTTDL with the Expert Opinion Conclusion Form (Form 04b) issued together with this Circular.

Article 3. Implementation Organization

1. The Legal Affairs Department shall take the lead and coordinate with relevant agencies and units to guide and organize inspections on the implementation of this Circular.

2. Departments of Culture, Sports and Tourism, Departments of Culture and Sports of provinces and centrally-administered cities shall be responsible for organizing the implementation and urging related agencies, organizations, and individuals to implement this Circular.

Article 4. Effective date

1. This Circular takes effect from July 20, 2022.

2. During the implementation process, if any difficulties arise, they should be promptly reported to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) for research and appropriate amendments.

Form number 06

(Attached to Circular No.:       /2022/TT-BVHTTDL dated       month      year 2022 issued by the Minister of Culture, Sports and Tourism)

RECORD

EXAMINATION OF THE SUBJECT OF EXPERTISE AT THE PLACE OF STORAGE OF THE PARTY REQUESTING OR REQUIRING EXPERTISE

Today, at...hours...on...month...year...at: ...(2)

We include:

1. Representative of the party requesting/requiring expertise:

Mr. (Mrs.)...position...

2. Representative...(3):

Mr. (Mrs.)...position...

3. Witness:

Mr. (Mrs.)...(4)

Examination of the subject of expertise at the place of storage of the party requesting/requiring expertise pursuant to the Request/Requirement for Expertise Decision No....(5) is conducted as follows:

……………………………………………………………………………………

……………………………………………………………………………………

(Note: Clearly record the name, type, number, code, date, month, year, key content of information, and condition of the subject of expertise; content of expertise; reasons for examining the subject of expertise at the place of storage of the party requesting/requiring expertise.)

The examination record of the subject of expertise at the place of storage of the party requesting/requiring expertise has been read aloud to those named above and signed for confirmation by their representatives; the record is made in two copies, each side retains one copy.

The examination of the subject of expertise was completed at...hours...on.../.../...

(1) Name of authority/Expert receiving the request.

(2) Location where the subject of expertise is stored by the requesting/requiring party.

(3) Name of authority, unit, or expert receiving the request.

(4) Clearly record the full name, position, address of the witness.

(5) Number of the request (or requirement) for expertise document.

Form No. 04b

(Attached to Circular No.:       /2022/TT-BVHTTDL dated       month 5 year 2022 issued by the Minister of Culture, Sports and Tourism)

EXPERTISE CONCLUSION
CONTENTS ACCORDING TO THE REQUEST/REQUIREMENT FOR EXPERTISE... (2)

Based on Decision No....(3) regarding the acceptance of the request and the decision to appoint persons to participate in judicial expertise in the form of collective expertise (or Expertise Board) for the request for expertise ..., the members of the collective expertise (or Expertise Board) have conducted the requested expertise and concluded as follows:

1. Judicial Expert:

(Clearly record the full name of each expert or person conducting the expertise according to the case)

2. Party requesting/requiring expertise:

a) Investigative agency:

b) Investigator:

c) Request for expertise document No.:

d) Party requiring expertise:

3. Information identifying the subject of expertise:

4. Time of accepting the request for expertise document:

5. Content of the request for expertise:

6. Method of conducting the expertise:

7. Conclusion about the subject of expertise:

8. Time and location of completing the expertise:

The expertise conclusion was completed on:...

Location of completing the expertise conclusion:

This expertise conclusion consists of...pages, made into...copies with equal validity and sent to:

- The requesting investigative agency: 02 (two) copies;

- Expertise file archive: 02 (two) copies.

This expertise conclusion has been discussed, approved, and signed by all members of the collective expertise, who bear equal responsibility under the law./.

SIGNATURES OF COLLECTIVE EXPERTISE MEMBERS (or Expertise Board)
(Sign and write full name clearly)
CONFIRMATION BY... (1)

(1)...confirms that the members have conducted the expertise according to Decision No....(3).

(1) Name of the authority receiving the request.

(2) Number of the request (or requirement) for expertise document.

(3) Number of the Decision regarding the acceptance of the request and appointment of persons to participate in judicial expertise in the form of collective expertise (or Expertise Board).

(4) Administrative location where the expertise is carried out.

(5) Head of the authority receiving the request. In the case where the authority receiving the request is the Ministry of Culture, Sports and Tourism, the Legal Affairs Department Director signs on behalf of the Minister and uses the seal of the Ministry of Culture, Sports and Tourism.