Circular No. 04/2021/TT-BVHTTDL stipulates certain contents regarding forensic appraisal in the cultural sector.

CIRCULAR

REGULATIONS ON CERTAIN CONTENTS REGARDING LEGAL EXPERTISE IN THE FIELD OF CULTURE

Pursuant to the Law on Legal Expertise dated June 20, 2012 and the Law Amending and Supplementing Certain Provisions of the Law on Legal Expertise dated June 10, 2020;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Law on Legal Expertise and the Government Decree No. 157/2020/NĐ-CP dated December 31, 2020 amending and supplementing certain provisions of the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Law on Legal Expertise;

Pursuant to the Government Decree No. 79/2017/NĐ-CP dated July 17, 2017 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 certain contents regarding legal expertise in the field of culture.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the scope of legal expertise, standards, files, procedures for appointing, dismissing legal experts, issuing and revoking legal expert cards; recognizing and publishing lists, canceling recognition of persons conducting legal expertise per case, organizations conducting legal expertise per case; procedures for appointing persons to participate in legal expertise and establishing expert panels in the field of culture.

Article 2. Applicability

Organizations and individuals participating in legal expertise in the field of culture and other related organizations and individuals.

Article 3. Scope of legal expertise in the field of culture

1. Legal expertise on cultural relics and antiques.

2. Legal expertise on cultural products.

3. Legal expertise on copyright and related rights.

4. Legal expertise on other matters within the scope of cultural management as prescribed by law.

Chapter II

STANDARDS, FILES, PROCEDURES FOR APPOINTING, DISMISSING LEGAL EXPERTS, ISSUING AND REVOKING LEGAL EXPERT CARDS; RECOGNIZING, PUBLISHING LISTS, CANCELING RECOGNITION OF PERSONS CONDUCTING LEGAL EXPERTISE PER CASE, ORGANIZATIONS CONDUCTING LEGAL EXPERTISE PER CASE

Article 4. Standards for appointing legal experts

1. Good health and moral character.

2. Hold a bachelor's degree or higher in one of the following majors:

a) Fine Arts;

b) Applied Fine Arts;

c) Performing Arts;

d) Audiovisual Arts;

đ) Vietnamese Language, Literature, and Culture;

e) Library Science;

g) Museology;

h) Law;

k) Other relevant arts and humanities majors.

3. Having at least five years of practical experience in the specialized field of study (directly working in the specialized field of study as specified in Clause 2 of Article 4 of this Circular).

Article 5. File for requesting appointment as a legal expert

1. Request for appointment as a legal expert from the head of the agency or unit.

2. A copy of the bachelor's degree or higher certificate as specified in Clause 2 of Article 4 of this Circular.

3. Curriculum vitae and criminal record certificate. In cases where the person proposed for appointment as a legal expert is a civil servant or public official, there is no need for a criminal record certificate.

4. Certificate from the agency or unit where the person proposed for appointment works confirming their actual period of specialized work experience.

Article 6. Procedures for appointing judicial experts and issuing judicial expert cards

1. Procedures for appointing judicial experts and issuing judicial expert cards at the Ministry of Culture, Sports and Tourism (hereinafter referred to as the Ministry)

a) Departments and units under the Ministry shall select persons meeting the criteria stipulated in Article 4 of this Circular, prepare a dossier to propose the appointment of judicial experts as prescribed in Article 5 of this Circular, accompanied by two 2 cm x 3 cm color passport photos taken within the last six months, and send it to the Ministry (through the Legal Department);

b) The Legal Department shall take the lead, coordinate with the Cadre and Civil Servant Organization Department to examine the dossiers, select candidates, and submit to the Minister for decision on appointment and issuance of judicial expert cards;

c) The format of the card, procedures, and processes for issuing new and replacement judicial expert cards at the Ministry shall be implemented in accordance with Circular No. 11/2020/TT-BTP dated December 31, 2020, issued by the Minister of Justice regarding the format, procedures, and processes for issuing new and replacement judicial expert cards.

2. Procedures for appointing judicial experts and issuing judicial expert cards at local levels

a) The Department of Culture, Sports and Tourism, the Department of Culture and Sports (hereinafter referred to as the Department) shall take the lead, coordinate with the Department of Justice to select persons meeting the criteria stipulated in Article 4 of this Circular, accept the dossiers of persons proposing to be appointed as judicial experts, and request the Chairman of the People's Committee of the province to appoint judicial experts;

b) The format of the card, procedures, and processes for issuing new and replacement judicial expert cards at local levels shall be implemented in accordance with Circular No. 11/2020/TT-BTP dated December 31, 2020, issued by the Minister of Justice regarding the format, procedures, and processes for issuing new and replacement judicial expert cards.

3. Establishment and publication of lists of judicial experts

a) The Legal Department shall be responsible for establishing and sending the list of judicial experts appointed by the Minister to the Information Technology Center for publication on the Ministry's website, and simultaneously send it to the Ministry of Justice for inclusion in the consolidated list;

b) The Information Technology Center shall be responsible for publishing the list of judicial experts on the Ministry's website within three days from the date of receipt of the list;

c) The Department shall be responsible for establishing and sending the list of judicial experts for publication on the provincial People's Committee's website in accordance with regulations.

Article 7. Dismissal of judicial experts and recovery of judicial expert cards

1. Cases of dismissal and dossiers for proposing the dismissal of judicial experts shall be carried out in accordance with the provisions of Article 10 of the Judicial Expert Law amended and supplemented in accordance with Clause 6 of Article 1 of the Law amending and supplementing certain articles of the Judicial Expert Law.

2. Departments and units under the Ministry shall prepare dossiers for proposing the dismissal of judicial experts and send them to the Legal Department.

The Legal Department shall take the lead, coordinate with the Cadre and Civil Servant Organization Department to review the dossiers, submit to the Minister for examination and decision on dismissal and recovery of judicial expert cards at the Ministry.

3. The Department shall unify opinions with the Department of Justice, prepare dossiers for requesting the Chairman of the provincial People's Committee to examine and decide on dismissal and recovery of judicial expert cards at the local level.

Adjustment of lists of judicial experts

a) Based on the decision to dismiss judicial experts by the Minister as stipulated in Clause 2 of this Article, the Legal Department shall be responsible for adjusting the list of judicial experts and sending it to the Information Technology Center for publication on the Ministry's website, and simultaneously send it to the Ministry of Justice for adjustment of the consolidated list;

b) The Information Technology Center shall be responsible for publishing the list of judicial experts on the Ministry's website within three days from the date of receipt of the list;

c) The Department shall be responsible for adjusting the list of judicial experts in cases stipulated in Clause 3 of this Article for publication on the provincial People's Committee's website in accordance with regulations.

Article 8. Recognition and publication of lists, revocation of recognition of individual judicial appraisers and organizations for individual judicial appraisal cases

1. Recognition and publication of lists of individual judicial appraisers and organizations for individual judicial appraisal cases under the management authority of the Ministry

a) Individuals meeting the criteria stipulated in Clause 1 and Clause 2 of Article 18 of the Law on Judicial Appraisal; organizations meeting the conditions stipulated in Clause 1 of Article 19 of the Law on Judicial Appraisal shall be selected to compile lists of individual judicial appraisers and organizations for individual judicial appraisal cases.

b) Each year, subordinate agencies and units of the Ministry select and compile lists of individual judicial appraisers and submit them to the Legal Department before March 1st.

The Legal Department shall take the lead and coordinate with the Cadre Organization Department to review the lists of individual judicial appraisers, select organizations meeting the conditions, and propose to the Ministry's leadership for the decision to recognize individual judicial appraisers and organizations for individual judicial appraisal cases.

c) The Legal Department shall send the list along with information about the specialized field of appraisal, experience, and capability of individual judicial appraisers and organizations for individual judicial appraisal cases to the Information Technology Center for publication on the Ministry’s electronic portal, while also sending it to the Ministry of Justice to establish a consolidated list.

2. Revocation of recognition of individual judicial appraisers and organizations for individual judicial appraisal cases

a) Each year, subordinate agencies and units of the Ministry shall be responsible for reviewing the lists of individual judicial appraisers they manage. In case of discovering that an individual judicial appraiser no longer meets the criteria stipulated in Clause 1 and Clause 2 of Article 18 of the Law on Judicial Appraisal, they shall issue a document to the Legal Department requesting revocation of recognition.

b) The Legal Department shall take the lead and coordinate with the Cadre Organization Department to compile a list of individual judicial appraisers who no longer meet the conditions, and statistics of organizations for individual judicial appraisal that no longer meet the conditions stipulated in Clause 1 of Article 19 of the Law on Judicial Appraisal, and propose to the Ministry's leadership for the decision to revoke recognition.

Chapter III

PROCEDURE FOR APPOINTING PERSONS TO PARTICIPATE IN JUDICIAL APPRAISAL AND FORMATION OF THE JUDICIAL APPRAISAL BOARD

Article 9. Appointment of persons to participate in judicial appraisal

1. At the Ministry

a) In cases where the Ministry receives requests for judicial appraisal within its scope of state management, the Legal Department shall take the lead and coordinate with relevant agencies and units to select judicial appraisers and individual judicial appraisers suitable for the content of the request, propose the form of appraisal as either individual or collective appraisal, and report to the Ministry's leadership for the decision to appoint persons to carry out the appraisal and the form of appraisal for the requested contents.

In cases where the request for judicial appraisal does not fall within the scope of state management of the Ministry, the Legal Department shall take the lead and coordinate with relevant agencies and units to report to the Ministry's leadership to refuse the judicial appraisal and respond to the requesting agency.

b) Upon receiving requests for appraisal, subordinate agencies and units of the Ministry shall be responsible for coordinating with the Legal Department to implement according to the provisions of point a of this clause and other relevant laws.

2. At the Department

a) In cases where the Department receives requests for judicial appraisal within its scope of state management, the Director of the Department shall select judicial appraisers and individual judicial appraisers suitable for the content of the request, decide on the form of appraisal as either individual or collective appraisal; respond to the requesting agency with the list of persons appointed to carry out the appraisal and the form of appraisal for the requested contents.

b) In cases where the content of the appraisal does not fall within the scope of state management of the Department, the Director of the Department shall be responsible for refusing the judicial appraisal and responding in writing to the requesting agency.

3. Persons assigned to conduct judicial appraisal shall be responsible for accepting the content of the request for appraisal, organizing the implementation of the appraisal, concluding on the appraisal contents, and responding to the requesting agency for judicial appraisal according to the law.

In cases where they find themselves unable to carry out the assigned appraisal contents, persons assigned to conduct judicial appraisal must refuse in writing. The refusal letter shall be sent to the requesting agency for appraisal and the agency that appointed the appraiser.

Article 10. Establishment of the Appraisal Board

1. Conditions for establishing the Appraisal Board

a) The Appraisal Board in the cultural sector shall be established in cases prescribed in Article 30 of the Law on Judicial Appraisal.

b) The Appraisal Board in the cultural sector shall be established by the Minister's decision.

2. Establishment of the Appraisal Board

a) The Legal Affairs Department shall take the lead and coordinate with relevant agencies and units under the Ministry to select appraisers and judicial appraisers suitable for the case according to the content of the appraisal request, complete the dossier, and submit it to the Minister for the establishment of the board.

b) The composition, number of members, and operational mechanism of the Appraisal Board shall be implemented in accordance with the provisions of Article 30 of the Law on Judicial Appraisal.

Chapter IV

IMPLEMENTATION

Article 11. Allocation of Responsibilities

1. The Legal Affairs Department shall take the lead and coordinate with related agencies and units to guide and inspect the implementation of this Circular.

2. Heads of agencies and units under the Ministry, Directors of Departments shall be responsible for organizing the implementation of this Circular.

Article 12. Effective Date

1. This Circular shall take effect from August 1, 2021.

2. Circular No. 04/2013/TT-BVHTTDL dated May 3, 2013, issued by the Minister of Culture, Sports and Tourism, which stipulates standards, dossiers, procedures for appointing and dismissing judicial appraisers, compiling and announcing lists of judicial appraisers, persons conducting judicial appraisals, organizations conducting judicial appraisals on a case-by-case basis; procedures for appointing persons conducting judicial appraisals and establishing the Appraisal Board in the cultural sector, shall cease to be effective from the date this Circular takes effect.

During the implementation process, if there are any difficulties, agencies, units, and individuals are requested to promptly report to the Ministry (through the Legal Affairs Department) for research and appropriate amendments and supplements./.