Circular No. 03/2019/TT-BVHTTDL stipulates the judicial appraisal procedures for relics and antiques.

 

CIRCULAR

REGULATIONS ON THE PROCEDURE FOR LEGAL APPRAISAL OF ANTIQUITIES AND ARTIFACTS

Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;

Pursuant to Decree No. 85/2013/NĐ-CP dated July 29, 2013 of the Government detailing and providing implementation measures for the Law on Legal Appraisal;

Pursuant to Decree No. 98/2010/NĐ-CP dated September 21, 2010 of the Government detailing the implementation of certain provisions of the Cultural Heritage Law and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the 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 promulgates this Circular prescribing the procedure for legal appraisal of antiques and artifacts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedure for legal appraisal to determine whether an object is an antique or artifact or not, at the request of judicial proceedings agencies, persons conducting judicial proceedings, or upon the request of the person requesting legal appraisal.

Article 2. Applicability

This Circular applies to legal appraisers, legal appraisal organizations, and other organizations and individuals related to the legal appraisal of antiques and artifacts.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Antiques and artifacts are objects determined according to the provisions of the law on cultural heritage.

2. Legal appraiser for antiques and artifacts for relics and antiques includes judicial appraisers, case-specific judicial appraisers in the field of culture within the appropriate specialty who have been appointed and announced in accordance with the law on judicial appraisal.

3. Legal appraisal organization for antiques and artifacts includes the Ministry of Culture, Sports and Tourism, Departments of Culture, Sports and Tourism, Departments of Culture and Sports of provinces and centrally-administered cities, Legal Appraisal Offices, and specialized legal appraisal organizations that have been announced in accordance with the law on legal appraisal.

Chapter II

PROCEDURE FOR LEGAL APPRAISAL OF ANTIQUITIES AND ARTIFACTS

Article 4. Accepting Requests and Forensic Appraisals

1. Legal appraisers for antiques and artifacts (hereinafter referred to as legal appraisers), legal appraisal organizations for antiques and artifacts (hereinafter referred to as legal appraisal organizations) shall accept requests for appraisal and accompanying objects and relevant documents (if any) to conduct the appraisal; if they lack the conditions to conduct the appraisal, they shall refuse in accordance with the law.

2. The handover and receipt of files, objects subject to requests for legal appraisal of antiques and artifacts shall be carried out in accordance with Article 3 of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 of the Minister of Culture, Sports and Tourism on the files and sample documents for implementing legal appraisal; applying professional standards for legal appraisal activities in the field of culture; material conditions, equipment, and means of legal appraisal of the Legal Appraisal Office for antiques, artifacts, copyright, and related rights (hereinafter referred to as Circular 07/2014/TT-BVHTTDL).

Article 5. Preparing to Conduct Appraisal

1. Legal appraisers and legal appraisal organizations shall study the request file, specific regulations of the law on cultural heritage, and prepare to conduct legal appraisal. In case additional clarification is needed regarding the content of the request for appraisal, the object of legal appraisal, they shall request the requester to provide additional information and relevant documents.

2. If necessary, legal appraisers may organize testing results or other professional conclusions before making an assessment.

3. Legal appraisal organizations decide to conduct legal appraisal of antiques and artifacts through collective appraisal. The number of legal appraisers must be three or more.

The decision to conduct legal appraisal of antiques and artifacts shall be made in accordance with Model No. 01 attached to this Circular.

4. Legal appraisal organizations shall select legal appraisers and case-specific legal appraisers based on the request file and assign a person responsible for coordinating the implementation of legal appraisal.

1. Legal appraisers examine the object of appraisal to determine its age (absolute or relative) and historical, cultural, and scientific values. Examination of the object of appraisal includes one or more of the following contents:

a) Shape, size, material, chemical composition, color, decorative patterns, and inscriptions on the object;

b) Other related signs.

2. For objects of appraisal that cannot be moved or are difficult to move, legal appraisers must organize the examination of the object of appraisal at the place where it is kept by the requester. The organization of the examination of the object of appraisal at the place where it is kept by the requester must be recorded in a record and kept in the appraisal file.

The record of the examination of the object of appraisal shall be carried out in accordance with Model No. 02 attached to this Circular.

3. The forensic appraiser has the responsibility to promptly, fully, and truthfully record the entire process of appraisal and the results of the appraisal in writing and keep it in the appraisal file.

The document recording the process of conducting the appraisal shall be carried out in accordance with Model No. 02 issued together with Circular No. 07/2014/TT-BVHTTDL.

Article 7. Appraisal Conclusion

Based on the results of legal appraisal, testing results, or other professional conclusions (if any) and the provisions of the law on cultural heritage, legal appraisers conclude whether the object of appraisal is an antique or artifact or not. If there is sufficient basis, legal appraisers may also conclude about the historical, cultural, and scientific value of antiques and artifacts.

The conclusion of expertise shall be implemented according to Model No. 04a and 04b issued together with Circular No. 07/2014/TT-BVHTTDL.

Article 8. Handover of Appraisal Conclusion

When the legal appraisal of antiques and artifacts is completed, legal appraisers and legal appraisal organizations are responsible for handing over the appraisal conclusion to the requester.

The record of handing over the appraisal conclusion shall be carried out in accordance with Model No. 05 issued together with Circular No. 07/2014/TT-BVHTTDL.

Article 9. Establishment and Retention of Appraisal Files

Legal appraisers and legal appraisal organizations are responsible for establishing the legal appraisal file for antiques and artifacts in accordance with Clause 1 of Article 33 of the Law on Legal Appraisal and the provisions of this Circular.

The preservation and retention of judicial appraisal files are carried out in accordance with the law on archives.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. 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 are responsible for organizing the implementation, inspection, and urging relevant agencies, organizations, and individuals to implement this Circular.

Article 11. Effective Date

1. This Circular takes effect from September 1, 2019.

2. During the implementation process, if any difficulties arise, agencies, units, and individuals are requested to promptly reflect them to the Ministry of Culture, Sports and Tourism (through the Department of Legal Affairs) for research and appropriate amendments and supplements.

 

 

ANNEX

(KPURSUANT TO CIRCULAR NO. 03/2019/TT-BVHTTDL date 05 the 7 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).9 of the Minister of Culture, Sports and Tourism)

Model No. 01: Decision to Conduct Legal Appraisal of Antiques and Artifacts

Form No. 02: Record of Examination of the Object of Appraisal at the Place of Custody of the Requesting Party

 

Model No. 01. Decision to Conduct Legal Appraisal of Antiques and Artifacts

 

Pursuant to …;

Regarding the implementation of forensic examination pursuant to the Request for Forensic Examination Decision number…day…month…year…of…(4)

........................(5)

Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

Pursuant to Circular No. 04/2013/TT-BVHTTDL dated May 3, 2013 of the Minister of Culture, Sports and Tourism stipulating standards, files, procedures for appointing and dismissing forensic examiners; establishing and announcing lists of forensic examiners and forensic examination organizations by case; procedures for assigning individuals to participate in forensic examinations and forming forensic examination boards in the field of culture;

Pursuant to…(6);

Pursuant to the Request for Forensic Examination Decision number…day... month... year…of…(4);

Considering the proposal of…(if any),

DECISION:

Article 1. Conducting forensic examination for the criminal/case pursuant to the Request for Forensic Examination Decision number…day... month…year…of…(4) in the form of collective examination, with the following members participating in the examination:

1....;

2.....;

3.....; (7)

Article 2. Entrusting…(8) to organize the implementation of forensic examination in accordance with the provisions of the law…(8) to assign...(9) comrade as the assistant to the forensic examiner.

Article 3.…(10) shall be responsible for implementing this Decision./.

 

_____________

(1) Name of the organization issuing the decision to implement the examination.

(2) Abbreviation in uppercase of the organization issuing the decision to implement the examination.

(3) Location where the decision to implement forensic examination is made.

(4) Clearly state the number, date, month, year, agency, or organization requesting/seeking the examination.

(5) The authorized person of the forensic examination organization issuing the decision to implement the examination.

(6) Basis for determining the authority of the person issuing the decision to conduct judicial appraisal.

(7) Name, position, workplace of each individual conducting the examination, with at least three individuals, including one from the legal education specialty.

(8) Unit responsible for leading the judicial appraisal work of the judicial appraisal organization.

(9) Number of assistants assigned to the judicial appraiser.

(10) Organizations and individuals related to the implementation of the decision are responsible for its execution.

 

Form No. 02. Record of Examination of the Object of Appraisal at the Place of Custody of the Requesting Party

 

RECORD

EXAMINATION OF THE OBJECT OF APPRAISAL AT THE PLACE OF CUSTODY OF THE REQUESTING PARTY

Today, at…hours…day…month…year…at:…(2)

We include:

1. Representative of the party requesting/requiring expertise:

Mr./Ms.... position...

2. Representative...(3):

Mr./Ms.... position...

3. Witness:

Mr./Ms.…(4)

Conduct examination of the object of appraisal at the place of custody of the requesting party as per the Request for Appraisal Decision No…(5) as follows:

..................................................................................................................................

..................................................................................................................................

(Note: Clearly record the name, type, number, code, date, month, year, key content, and condition of the object under examination; reasons for examining the object at the place of custody of the requester/proponent.)

The examination record at the place of custody of the requester/proponent has been read aloud to the aforementioned persons and signed for confirmation by their representatives; the record is made in two copies, each party retains one copy.

The handover was completed at…hours…day…/…/…

 

_____________

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

(2) Location of custody of the object under examination by the requester/proponent.

(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.