Circular No. 03/2021/TT-BVHTTDL supplements certain provisions of Circulars regulating the procedures for forensic appraisal in the field of culture.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULARS REGULATING THE PROCEDURES FOR LEGAL EXPERTISE IN THE FIELD OF CULTURE

Pursuant to the Legal Expertise Law 2012 and the Law Amending and Supplementing Certain Provisions of the Legal Expertise Law 2020;m determining legal expertise 2020;

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 provisions of circulars regulating procedures for legal expertise in the field of cultureulture;1. Amending and supplementing certain provisions of circulars regulating procedures for legal expertise in the field of culture1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows:

"Article 6a. Time limit for expertise

1. The maximum time limit for expertise is three months as prescribed in Clause 1, Article 26a of the Legal Expertise Law supplemented pursuant to Clause 16, Article 1 of the Law Amending and Supplementing Certain Provisions of the Legal Expertise Law.

2. The time limit for expertise may be extended by the decision of the requesting agency but shall not exceed half of the maximum time limit prescribed in Clause 1 of this Article.

3. The requesting party may agree on the time limit for expertise with the organization or individual being requested for expertise before making the request, but such agreement shall not exceed the time limits prescribed in Clauses 1 and 2 of this Article.

4. In case of arising issues or if there is a basis to believe that the expertise cannot be completed within the stipulated time limit, the individual or organization conducting the expertise must promptly notify in writing to the requesting party, stating the reasons and the expected completion time for issuing the expertise conclusion."

2. Supplementing Point 6a following Article 6 of Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise concerning cultural relics and antiques as follows:

1. The time limit for expertise in cases where it is mandatory to request expertise shall be carried out according to the provisions of Article 206 of the Criminal Procedure Code.

2. The maximum time limit for expertise in cases not falling under Clause 1 of this Article is two months as prescribed in Clause 1, Article 26a of the Legal Expertise Law supplemented pursuant to Clause 16, Article 1 of the Law Amending and Supplementing Certain Provisions of the Legal Expertise Law.

2. The time limit for expertise may be extended by the decision of the requesting agency but shall not exceed half of the maximum time limit prescribed in Clause 1 of this Article.

3. The time limit for expertise may be extended by the decision of the requesting agency but shall not exceed half of the maximum time limit prescribed in Clause 2 of this Article.

4. The requesting party may agree on the time limit for expertise with the organization or individual being requested for expertise before making the request, but such agreement shall not exceed the time limits prescribed in Clauses 2 and 3 of this Article.

5. In case of arising issues or if there is a basis to believe that the expertise cannot be completed within the stipulated time limit, the individual or organization conducting the expertise must promptly notify in writing to the requesting party, stating the reasons and the expected completion time for issuing the expertise conclusion."

3. Supplementing Point 6a following Article 6 of Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise concerning cultural products as follows:

1. The maximum time limit for expertise is two months as prescribed in Clause 1, Article 26a of the Legal Expertise Law supplemented pursuant to Clause 16, Article 1 of the Law Amending and Supplementing Certain Provisions of the Legal Expertise Law.

3. The requesting party may agree on the time limit for expertise with the organization or individual being requested for expertise before making the request, but such agreement shall not exceed the time limits prescribed in Clauses 1 and 2 of this Article.

2. The time limit for expertise may be extended by the decision of the requesting agency but shall not exceed half of the maximum time limit prescribed in Clause 1 of this Article.

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

4. In case of arising issues or if there is a basis to believe that the expertise cannot be completed within the stipulated time limit, the individual or organization conducting the expertise must promptly notify in writing to the requesting party, stating the reasons and the expected completion time for issuing the expertise conclusion."

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

1. The time limit for expertise in cases where it is mandatory to request expertise shall be carried out according to the provisions of Article 206 of the Criminal Procedure Code.

Article 2. Implementation

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. During the implementation process, if any difficulties arise, please promptly report them to the Ministry of Culture, Sports and Tourism (through the Department of Legal Affairs) for research and appropriate amendments and supplements.

Article 3. Effectiveness

- To be filed: VT, PC TL300.

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