Circular No. 04/2026/TT-BVHTTDL on forensic appraisal in professional fields under the management authority of the Ministry of Culture, Sports and Tourism

CIRCULAR

Regulations on Forensic Expertise in Professional Fields Under the Jurisdiction of the Ministry of Culture, Sports and Tourism

Based on Law No. 105/2025/QH15 on Forensic Expertise;

Based on Decree No. 43/2025/NĐ-CP dated February 28, 2025 of the Government on the Functions, Powers, Tasks, and Organizational Structure of the Ministry of Culture, Sports and Tourism;

In accordance with the proposal by the Director of the Legal Affairs Department;

The Minister of Culture, Sports and Tourism promulgates this Circular to regulate forensic expertise in professional fields under the jurisdiction of the Ministry of Culture, Sports and Tourism.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular provides detailed regulations on Articles 10(2), 18(3), 28(5), 30(2), 37(2), and 41(4) of Law No. 105/2025/QH15 on Forensic Expertise concerning forensic expertise in professional fields under the jurisdiction of the Ministry of Culture, Sports and Tourism.

Article 2. Applicability

Forensic experts, persons conducting forensic expertise for specific cases, organizations conducting forensic expertise for specific cases in professional fields under the jurisdiction of the Ministry of Culture, Sports and Tourism, and other relevant organizations and individuals.

Article 3. List of Professional Fields and Specialties for Forensic Expertise

1. Cultural Heritage.

2. Grassroots Culture.

3. Cinema, Fine Arts, Photography.

4. Performing Arts.

5. Copyrights.

6. Journalism, Electronic Information.

7. Publishing, Printing, Distribution.

8. Other professional fields and specialties under the jurisdiction of the Ministry of Culture, Sports and Tourism as provided by law.

CHAPTER II

STANDARDS FOR FORENSIC EXPERTS; ORGANIZATION OF FORENSIC EXPERTISE FOR SPECIFIC CASES, PERSONS CONDUCTING FORENSIC EXPERTISE FOR SPECIFIC CASES; POLICY AND REGULATIONS IN THE ACTIVITY OF FORENSIC EXPERTISE

Article 4. Standards for Forensic Experts

The standards for forensic experts in professional fields under the jurisdiction of the Ministry of Culture, Sports and Tourism as provided by paragraph 1, points b and c of Article 10 of Law No. 105/2025/QH15 are implemented as follows:

1. Possess a university degree or higher in cultural studies, law, economics, information technology, or other fields relevant to the position within the culture, sports, and tourism sector.

2. Have at least five years of practical experience in the professional fields trained for, or related fields relevant to the forensic expertise field to be appointed, calculated from the date of receipt or recruitment decision.

3. Have completed legal knowledge and forensic expertise training as provided by Article 5 of this Circular.

Article 5. Legal Knowledge and Forensic Expertise Training

1. Based on actual needs for forensic activities, the head of a specific case forensic expertise organization under the Ministry of Culture, Sports and Tourism selects individuals within the unit who meet the conditions as provided in paragraph 1 of Article 4 of this Circular, compiles a list to be submitted to the Legal Affairs Department for consolidation and submission to the leadership of the Ministry for decision on organizing legal knowledge and forensic expertise training.

The Director of the Culture, Sports and Tourism Department/Department of Culture and Sports/Department of Tourism of provinces or cities directly under central government may, based on local conditions, dispatch personnel from their agency to participate in legal knowledge and forensic expertise training organized by the Ministry of Culture, Sports and Tourism.

2. Based on proposals from specific case forensic expertise organizations under the Ministry, culture, sports and tourism departments/departments of culture and sports/departments of tourism, and the Legal Affairs Department, organize courses for legal knowledge and forensic expertise training in collaboration with relevant agencies.

3. Upon completion of the course, participants receive a Certificate of Legal Knowledge and Forensic Expertise Training. The certificate is issued according to Form No. 01 attached as an appendix to this Circular.

4. Based on the framework program for legal knowledge training for forensic experts provided by the Ministry of Justice, the Legal Affairs Department shall be responsible for developing content for legal knowledge and forensic expertise training in professional fields under the jurisdiction of the Ministry of Culture, Sports and Tourism, which will be submitted to the Minister of Culture, Sports and Tourism for decision.

Article 6. Organization of Judicial Appraisal by Case

1. The organization of judicial appraisal by case in the field of expertise or specialty under the management authority of the Ministry of Culture, Sports and Tourism shall meet the conditions specified in paragraph 1 of Article 18 of Law No. 105/2025/QH15 and be recognized by the Minister of Culture, Sports and Tourism in accordance with the provisions of this Circular's Article 7.

2. The organization of judicial appraisal by case shall have a minimum of five years of operational experience in the field of expertise or specialty relevant to the content sought for appraisal or requested. For organizations newly established through division or merger from other units that continue to perform functions and duties related to the content sought for appraisal or requested, the period of operation may be cumulatively calculated including the period of operation of the previous unit before the division or merger.

Article 7. Recognition, Cancellation of Recognition of Case-by-Case Appraisal Organization, Case-by-Case Appraiser

1. The Legal Affairs Division shall coordinate with relevant agencies and units under the Ministry to review administrative organizations within the Ministry that meet the conditions specified in paragraph 1 of Article 18 of Law No. 105/2025/QH15 and Article 6 of this Circular, and submit a recommendation for the Minister's decision on recognizing case-by-case appraisal organizations.

In cases where it is necessary to cancel the recognition of case-by-case appraisal organizations under the Ministry as specified in paragraph 4 of Article 19 of Law No. 105/2025/QH15, the Legal Affairs Division shall submit a recommendation for the Minister's decision on cancellation.

2. The head of each case-by-case appraisal organization within the Ministry is responsible for compiling a list of individuals in their unit who meet the conditions specified in Article 13 of Law No. 105/2025/QH15 and submitting it to the Legal Affairs Division for consolidation, which will then be submitted to the Minister for recognition as case-by-case appraisers.

In cases where it is necessary to cancel the recognition of case-by-case appraisers as specified in paragraphs 6 and 7 of Article 14 of Law No. 105/2025/QH15, the head of each case-by-case appraisal organization within the Ministry shall be responsible for proposing and submitting it to the Legal Affairs Division for submission to the Minister's decision.

3. The procedures and processes for recognizing, canceling recognition of case-by-case appraisal organizations and case-by-case appraisers are carried out in accordance with the provisions of the Government.

Article 8. Regulations and Policies in Appraisal Activities

1. The performance of judicial appraisal by civil servants, staff members, or laborers in the culture, sports, and tourism sector is a public duty and they are entitled to the remuneration for judicial appraisal as stipulated by the Prime Minister.

2. Judicial appraisers, case-by-case appraisers, and case-by-case appraisal organizations under the Ministry who actively participate in appraisal activities within their field of expertise under the management authority of the Ministry and excel in their appraisal duties may be recommended by the Minister of Culture, Sports and Tourism for commendation according to the provisions on merit awards.

3. The head of each case-by-case appraisal organization under the Ministry is responsible for ensuring the time and other necessary conditions such as physical facilities, equipment, and funding required for the performance of appraisals by their organization. They shall also coordinate with relevant agencies and units to recommend commendations from the Minister for individuals who actively participate in appraisal activities within their field of expertise under the management authority of the Ministry and demonstrate outstanding achievements in appraisal activities.

Chapter III

PROCEDURE AND PROCEEDINGS FOR RECEIVING REQUESTS FOR EXPERT EXAMINATION; PERIOD OF EXPERT EXAMINATION; LEGAL ISSUES; DOCUMENTATION AND STORAGE OF EXPERT EXAMINATION RECORDS

Article 9. Procedure and proceedings for receiving requests for expert examination

1. The head of the expert examination organization responsible for a matter shall assign an office to receive requests for expert examination.

2. The person assigned to handle the reception shall carry out the receipt, transfer of the request documents in accordance with Article 28 and Article 29 of Decree No. 105/2025/QH15.

In case it is not qualified for expert examination, the person assigned to handle the reception shall be responsible for proposing to the head of the expert examination organization responsible for a matter to refuse in accordance with the provisions of the law on expert examination. The refusal shall be carried out in accordance with Article 10 of this Circular.

In case an expert examination is required, the procedure for receipt and submission to the head of the expert examination organization responsible for a matter for decision on conducting the expert examination shall be carried out.

3. Within the prescribed period, the head of the expert examination organization responsible for a matter shall issue a decision to conduct the expert examination. The decision on expert examination shall be sent to the requesting authority, members participating in the expert examination, and retained in the expert examination file.

Article 10. Refusal to Conduct Expert Examination

1. The expert examination organization responsible for a matter has the right to refuse to conduct an expert examination in cases specified in Article 38 of Decree No. 105/2025/QH15.

2. Within five working days from the date of receipt of the request, the head of the expert examination organization responsible for a matter shall send a refusal notice to the requesting authority and specify the reasons for the refusal.

Article 11. Procedure for Conducting Expert Examination

1. Receipt of request documents and requests for expert examination

a) The receipt of request documents and requests for expert examination may be sent through postal services or on an electronic medium in accordance with the provisions of Article 29 of Decree No. 105/2025/QH15.

b) The transfer and receipt of request documents and requests for expert examination must be documented according to Form No. 02 attached hereto as per this Circular.

c) Upon receiving the object to be examined, relevant documents, items, or comparison samples (if any) in a sealed condition, before opening them, they shall be inspected for their seal integrity. The process of unsealing must have the presence of the person conducting the examination; the requesting authority and the requestor; and a witness (if applicable). All information and events related to the unsealing process must be recorded in the form and signed by all parties involved, including witnesses. Individuals or organizations conducting expert examinations may refuse to accept if they find that the seal is damaged or altered. The form for unsealing shall be as per Form No. 03 attached hereto as per this Circular.

d) Upon completion of the examination process, the person or organization conducting the examination shall return the examined object to the requesting authority in accordance with paragraph 5 of Article 35 of Decree No. 105/2025/QH15. The transfer and receipt of the examined object must be documented according to Form No. 02 attached hereto as per this Circular.

2. For expert examinations in specialized fields under the jurisdiction of the Ministry of Culture, Sports and Tourism, the process shall be carried out as follows:

a) Receipt of request documents and requests for expert examination;

b) Preparation for expert examination;

c) Conducting the expert examination;

d) Conclusion of the expert examination;

e) Return of the conclusion of the expert examination;

f) Compilation, preservation, and storage of the expert examination file.

e) Establishing, preserving, and storing forensic examination files.

Article 12. Time Limit for Judicial Appraisal

The time limit for judicial appraisal in professional and specialized fields under the management authority of the Ministry of Culture, Sports and Tourism shall not exceed three months.

Article 13. Conclusion of Judicial Appraisal

The conclusion of judicial appraisal in a professional field under the management authority of the Ministry of Culture, Sports and Tourism must be in writing and shall be carried out according to Model No. 04 and Model No. 05 attached as an appendix to this Circular.

Article 14. Return of Appraisal Conclusion

1. The individual or organization conducting the appraisal shall send the appraisal conclusion document to the party requesting the judicial appraisal after its issuance, and retain the appraisal file. The appraisal conclusion document may be returned directly to the party requesting the judicial appraisal or through postal service.

The record of delivery for the judicial appraisal conclusion is conducted according to Model No. 06 attached as an appendix to this Circular.

2. In cases where return is made in person, the individual or organization conducting the appraisal shall proceed with the following:

a) Contact and notify the requesting party and the party requesting the judicial appraisal to collect the appraisal conclusion and receive the subject of the appraisal if applicable under paragraph 4 of this Article;

b) Check the introduction letter, identification documents (People's Police ID or Resident Identity Card...) of the recipient and the subject of the appraisal;

c) Hand over two copies of the appraisal conclusion document;

d) Inspect, seal, and transfer back the subject of the appraisal (if applicable).

3. In cases where return is made through postal service, the appraiser shall proceed with the following:

a) Inspect, package, and seal two copies of the appraisal conclusion document and the subject of the appraisal if applicable under paragraph 4 of this Article;

b) Send the appraisal conclusion document and the subject of the appraisal through postal service (accompanied by the Record of Delivery);

c) The recipient signs for receipt on the Record of Delivery and returns it to the individual or organization conducting the appraisal.

4. In cases where the subject of the appraisal is evidence in a criminal case or when necessary according to a written request from the party requesting the appraisal, the individual or organization conducting the appraisal shall return it after completing the appraisal. The transfer and receipt of the subject of the appraisal must be recorded in a record.

Article 15. Components of the Appraisal File and Storage Procedures

1. The judicial appraisal file in a professional field under the management authority of the Ministry of Culture, Sports and Tourism is the file for resolving matters within specialized business management activities, which shall be established, preserved, and stored according to the provisions of Law No. 105/2025/QH15, laws and regulations on archives and records management, and the provisions of the agency or unit conducting the appraisal.

2. The judicial appraisal organization for each case shall establish an appraisal file including the following main documents:

a) Decision to request appraisal, supplementary decision to request appraisal (if applicable), re-appraisal decision (if applicable), and the subject of the appraisal, related information, materials, or comparison samples attached (if applicable);

b) Document assigning personnel for judicial appraisal or decision establishing an Appraisal Team or Appraisal Committee;

c) Record of delivery and receipt of the requested file and subject of the appraisal; Record of opening sealed files, documents, and objects (if applicable);

d) Appraisal program (if applicable);

d) Document recording the process of conducting the appraisal according to Model No. 07 attached as an appendix to this Circular;

e) Previous appraisal conclusion or expert opinion from another organization or individual (if applicable); Appraisal image document (if applicable);

g) Related documents, records, and vouchers concerning the use of services for judicial appraisal (if applicable);

h) Judicial appraisal conclusion document (two copies);

i) Record of delivery of the appraisal conclusion; Record of return of the subject of the appraisal (if applicable);

k) Other relevant documents related to the appraisal (if applicable).

3. The person assigned to lead the appraisal is responsible for transferring the appraisal file to the agency or unit that will retain and preserve it according to the provisions in paragraph 1 of this Article.

The appraisal file of an Appraisal Team shall be transferred to the unit with a member designated as the team leader of the Appraisal Team.

The appraisal file of an Appraisal Committee shall be transferred to the unit with a member designated as the chairperson of the Appraisal Committee.

The agency, organization, or unit receiving the transfer of the judicial appraisal file is responsible for preserving and storing it according to laws on records management, provisions of the Ministry of Culture, Sports and Tourism, and current laws.

The organization, preservation, and storage of documents related to appraisals conducted by local authorities shall be carried out in accordance with local regulations and relevant laws.

4. The judicial appraisal file may be utilized as follows:

a) The agency or unit receiving the transferred judicial appraisal file according to paragraph 3 of this Article is responsible for presenting the judicial appraisal file when requested by competent authorities conducting investigations or state management agencies with jurisdiction;

b) The individual who conducted the judicial appraisal may utilize the judicial appraisal file to participate in litigation activities as required by the competent authority conducting investigations;

c) Other cases according to relevant laws.

Article 16. Judicial Appraisal Council of the Ministry of Culture, Sports and Tourism

1. Where, in accordance with the provisions of law, it is necessary to establish a judicial appraisal council of the Ministry of Culture, Sports and Tourism for specific cases, the Legal Affairs Division shall take the lead, coordinate with relevant agencies and units within the ministry to select judicial appraisers and persons conducting judicial appraisals appropriate to the subject matter of the case, complete the file, and present it to the Minister for decision on establishing the council.

2. The composition, number of members, and operational mechanism of the appraisal council shall be carried out in accordance with the provisions of Article 33 of Law No. 105/2025/QH15 and the regulations of the Government.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 17. Responsibilities of Units under the Ministry of Culture, Sports and Tourism

1. The responsibilities of units with judicial appraisers and persons conducting judicial appraisals assigned to perform judicial appraisals

a) Creating conditions for staff, civil servants, and employees of the unit to conduct judicial appraisals;

b) Implementing information reporting and other contents as prescribed by law on judicial appraisals;

c) Based on provisions regarding standards, conditions for appointment, removal, recognition, and revocation of judicial appraisers, conducting reviews, making proposals to the Legal Affairs Division for consolidation, and submitting them to the Minister of Culture, Sports and Tourism for consideration and decision on appointments, removals, recognitions, and revocations of judicial appraisers in professional fields under the management authority of the Ministry of Culture, Sports and Tourism;

d) Based on specific conditions of the organization or unit, the head of the organization or unit shall establish a procedure for receiving and dispatching judicial appraisers to ensure compliance with legal procedures for judicial appraisals and provisions in this Circular;

e) Requesting staff members of the unit conducting appraisals to hand over files and store appraisal files when transferring out of the unit, retiring, or resigning according to regulations;

g) Implementing tasks assigned under this Circular.

2. The responsibilities of the Legal Affairs Division

a) Taking the lead in coordinating with units within the ministry to draft legal documents on judicial appraisals for fields under the management authority of the ministry and presenting them to the Minister of Culture, Sports and Tourism for issuance or submission to an authorized body;

b) Taking the lead in coordinating with the Personnel Division and relevant agencies and units to assist the Minister of Culture, Sports and Tourism in performing duties related to appointments, removals, issuing new, renewing, or revoking judicial appraiser certificates; recognizing, revoking recognition of persons conducting judicial appraisals for specific cases, organizing judicial appraisals for specific cases; compiling and submitting lists of individuals and organizations conducting judicial appraisals as required by law and sending them to the Ministry of Justice; assigning personnel to participate in judicial appraisals for specific cases; proposing the establishment of a judicial appraisal council of the Ministry of Culture, Sports and Tourism;

c) Taking the lead in coordinating with relevant agencies and units to guide, publicize, and disseminate legal provisions on judicial appraisals;

d) Taking the lead in conducting inspections, monitoring, and urging relevant organizations, units, individuals, and entities to comply with legal provisions on judicial appraisals and provisions of this Circular;

e) Organizing training programs for legal knowledge and professional skills in judicial appraisals for the team of judicial appraisers, persons conducting judicial appraisals for specific cases, and specialized staff engaged in appraisal work in fields under the management authority of the Ministry of Culture, Sports and Tourism according to relevant laws;

f) Conducting reviews, summarizing, and evaluating the implementation of judicial appraisal work.

3. The responsibilities of the Personnel Division

Coordinating with the Legal Affairs Division to perform related tasks as prescribed in this Circular.

Coordinating with the Office of Legal Affairs to perform tasks related thereto as provided in this Circular.

Article 18. Obligations of Judicial Appraiser, Judicial Appraiser by Case, and Case-Related Organizational Judicial Appraisal in the Field of Specialized Profession under the Management Authority of the Ministry of Culture, Sports and Tourism

1. To comply with all provisions on judicial appraisal as stipulated in the Law on Judicial Appraisal, this Circular, and relevant laws.

2. To participate in legal knowledge and judicial appraisal professional training courses.

Chapter V

CONDITIONS FOR IMPLEMENTATION

Article 19. Effective Date of Implementation

1. This Circular shall take effect from May 1, 2026.

2. In the case where a dossier for referral or request for judicial appraisal has been received by an individual or organization, such individual or organization shall continue to conduct the appraisal in accordance with the provisions of Law No. 13/2012/QH13 on Judicial Appraisal as amended and supplemented by Laws Nos. 35/2018/QH14 and 56/2020/QH14, and other documents referred to in paragraph 3 hereof. In the case where an individual or organization has not yet received a decision on referral or request for judicial appraisal, such individual or organization shall conduct the appraisal in accordance with the provisions of Law No. 105/2025/QH15 and the provisions of this Circular.

3. This Circular shall replace the following Circulars:

a) Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 by the Minister of Culture, Sports and Tourism on the dossier, sample documents for conducting judicial appraisal; applying professional standards to judicial appraisal activities in the field of culture; conditions for physical infrastructure, equipment, and means of appraisal at the office of a cultural property, antiquities, copyright, and related rights appraiser;

b) Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 by the Minister of Culture, Sports and Tourism on the procedure for judicial appraisal of copyright and related rights;

c) Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019 by the Minister of Culture, Sports and Tourism on the procedure for judicial appraisal of cultural property and antiquities;

d) Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019 by the Minister of Culture, Sports and Tourism on the procedure for judicial appraisal of cultural products;

d) Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 by the Minister of Culture, Sports and Tourism amending certain provisions of Circulars on procedures for judicial appraisals in the field of culture;