Circular No. 07/2014/TT-BVHTTDL stipulates the dossier, sample documents for implementing forensic appraisal; the application of professional standards for forensic appraisal activities in the cultural sector; conditions regarding material facilities, equipment, and means of appraisal of forensic appraisal offices concerning relics, antiques, copyright, and related rights.

CIRCULAR

Regulations on the dossier, sample documents for implementing judicial appraisal; application of professional standards for judicial appraisal activities in the cultural sector; conditions regarding material facilities, equipment, and means of appraisal of judicial appraisal offices concerning cultural relics, antiques, copyright, and related rights.expertise for forensic appraisal activities in the field of culture; conditions regarding material facilities, equipment, and means of appraisal of the forensic appraisal officeconcerning cultural relics, antiques, copyright, and related rightsconcerning cultural relics, antiques, copyright, and related rights

__________________________

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

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

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of the Director of the Legal Department,

The Minister of Culture, Sports and Tourism issues this Circular to regulate the dossier, sample documents for implementing judicial appraisal; application of professional standards for judicial appraisal activities in the cultural sector; conditions regarding material facilities, equipment, and means of appraisal of judicial appraisal offices concerning cultural relics, antiques, copyright, and related rights.

Article 1. Scope of Regulation

This Circular regulates the dossier, sample documents for implementing judicial appraisal; application of professional standards for judicial appraisal activities in the cultural sector; conditions regarding material facilities, equipment, and means of appraisal of judicial appraisal offices concerning cultural relics, antiques, copyright, and related rights.

Article 2. Applicability

This Circular applies to judicial appraisers, ad hoc judicial appraisers, judicial appraisal offices, ad hoc judicial appraisal organizations in the cultural sector; other individuals and organizations involved in receiving and implementing requests for judicial appraisal.

Article 3. Handing over and accepting the dossier, objects subject to judicial appraisal request

1. The handing over and acceptance of the dossier, objects subject to judicial appraisal request directly or through postal service shall be carried out in accordance with the provisions of Article 27 of the Law on Judicial Appraisal.

2. Direct handover and acceptance of the dossier, objects subject to judicial appraisal request must be recorded in a protocol. Only accept requests for judicial appraisal that correspond to the object and do not fall within the scope of refusal as stipulated by law.

Article 4. Sample documents for implementing judicial appraisal in the cultural sector

1. During the implementation of judicial appraisal according to requests in the cultural sector, it must ensure compliance with the principles set forth in Article 3 of the Law on Judicial Appraisal and be documented in writing promptly, fully, and truthfully throughout the entire process and results of the appraisal according to the sample documents prescribed in Clause 2 of this Article.

a) Sample protocol for handing over and accepting the dossier, objects subject to judicial appraisal request (Sample No. 01);

b) Sample protocol for opening seals (Sample No. 02);

c) Sample document recording the process of implementing the appraisal (Sample No. 03);

d) Sample appraisal conclusion (Sample Nos. 04a and 04b);

đ) Sample protocol for transferring the appraisal conclusion (Sample No. 05).

1. Judicial appraisal of antiques shall be conducted in accordance with the provisions of Chapter III of Circular No. 22/2011/TT-BVHTTDL dated December 30, 2011 issued by the Minister of Culture, Sports and Tourism on the conditions for establishment and operation of antique appraisal institutions.

2. Judicial appraisal of copyright and related rights shall be conducted in accordance with the provisions of Chapter VI of Decree No. 105/2006/NĐ-CP dated September 22, 2006 issued by the Government detailing and guiding the implementation of certain articles of the Intellectual Property Law and state management of intellectual property; Article 1 of Decree No. 119/2010/NĐ-CP dated December 30, 2010 issued by the Government amending and supplementing certain articles of Decree No. 105/2006/NĐ-CP; Chapter IV of Circular No. 15/2012/TT-BVHTTDL dated December 13, 2012 issued by the Minister of Culture, Sports and Tourism guiding the activities of copyright and related rights appraisal.

3. Judicial appraisal of other specialized fields shall be based on legal normative documents regulating the specialized field requiring appraisal.

4. Judicial appraisal in the cultural sector must be based on legal normative documents in effect at the time the incident occurred.

Article 6. Conditions regarding material facilities, equipment, and means for forensic examination of cultural relics, antiques, copyright, and related rights offices

1. The forensic examination office of cultural relics, antiques, copyright, and related rights must meet the following conditions regarding material facilities, equipment, and means for forensic examination:

a) Having a headquarters that is owned or under its right to use;

b) Having workrooms for examiners and staff; having cabinets or warehouses or separate areas for storing forensic examination files; having preservation equipment for objects under examination;

c) Having sources of reference materials on antiques for forensic examination activities (for forensic examination offices of cultural relics and antiques) or having databases of information on copyright and related rights for conducting forensic examination activities (for forensic examination offices of copyright and related rights);

d) Having other equipment and means meeting the requirements of forensic examination activities.

2. The Director of the Department of Culture, Sports and Tourism shall be responsible for coordinating with the Director of the Department of Justice to advise the Chairman of the People's Committee of the province or centrally governed city to decide on allowing the establishment and issuance of registration certificates for forensic examination offices of cultural relics, antiques, copyright, and related rights.

Article 7. Implementation Organization

1. The Legal Affairs Department shall take the lead in guiding and inspecting the implementation of this Circular.

2. Heads of agencies and units under the Ministry, Directors of Departments of Culture, Sports and Tourism of provinces and centrally governed cities shall be responsible for organizing the implementation of this Circular.

Article 8. Effective Date

1. This Circular takes effect from September 10, 2014.

2. During the implementation process, if there are difficulties, organizations and individuals are advised to report to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) for amendments and supplements to ensure appropriateness./.