Circular No. 08/2019/TT-BVHTTDL stipulates the procedures for judicial appraisal of cultural products.

 

CIRCULAR

REGULATIONS ON THE PROCEDURE FOR LEGAL EXPERTISE OF CULTURAL PRODUCTS

Pursuant to the Law on Judicial Appraisal;

Pursuant to the Cinema Law and the Law amending and supplementing certain provisions of the Cinema Law;

Pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the Rules on Cultural Activities and Public Cultural Service Business Operations;

Pursuant to Decree No. 54/2010/NĐ-CP dated May 21, 2010 of the Government detailing implementation of certain provisions of the Cinema Law and the Law Amending and Supplementing Certain Provisions of the Cinema Law;

Pursuant to Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation and business operations of audio and video recordings of music and dance, theater, and Pursuant to Decree No. 15/2016/NĐ-CP dated March 15, 2016 of the Government amending and supplementing certain provisions of Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation and business operations of audio and video recordings of music and dance, theater;

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 Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine art activities;

Pursuant to Decree No. 72/2016/NĐ-CP dated July 1, 2016 of the Government on photography activities;

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 stipulating the judicial appraisal process for cultural products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedure for legal expertise to conclude issues related to cultural specialty for cultural products (excluding cultural relics, antiques, and the field of copyright and related rights) upon request from judicial proceedings agencies, prosecutors, or the request of the party requesting legal expertise.

Article 2. Applicability

This Circular applies to judicial appraisers, judicial appraisal organizations, and other organizations and individuals related to the judicial appraisal of cultural products.

Article 3. Explanation of Terms

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

1. Cultural products are products under specialized management of the Ministry of Culture, Sports and Tourism according to the provisions of the law.

2. Legal experts for cultural products include legal experts, case-specific legal experts in the field of culture within the appropriate specialty who have been appointed and announced in accordance with the law on legal expertise.

Organizations conducting legal expertise for cultural products include the Ministry of Culture, Sports and Tourism, Provincial Departments of Culture, Sports and Tourism, Municipal Departments of Culture and Sports, organizations conducting case-specific legal expertise with relevant professional activities that have been announced in accordance with the law on legal expertise.

Chapter II

PROCEDURE FOR LEGAL EXPERTISE OF CULTURAL PRODUCTS

Article 4. Accepting Requests and Forensic Appraisals

1. Legal experts for cultural products (hereinafter referred to as legal experts), organizations conducting legal expertise for cultural products (hereinafter referred to as organizations conducting legal expertise) shall accept requests for expertise, requirements for expertise accompanied by objects for expertise and related documents (if any) to carry out the expertise; in cases where the conditions for expertise are not met, they shall refuse in accordance with the law.

2. The transfer and receipt of files, objects for requests for legal expertise of cultural products 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 files and sample documents for implementing legal expertise; applying professional standards for legal expertise activities in the cultural sector; material conditions, equipment, means of legal expertise of the Office of Legal Expertise on cultural relics, antiques, copyright, and related rights (hereinafter referred to as Circular No. 07/2014/TT-BVHTTDL).

Article 5. Preparing to Conduct Appraisal

1. Legal experts, organizations conducting legal expertise shall study the request files, requirements, and specific regulations of the law related to prepare for carrying out legal expertise. In cases where further clarification is needed regarding the content of the request for expertise, the object of expertise, they shall request the requester to provide additional information and related documents.

2. Organizations conducting legal expertise shall select appropriate legal experts, case-specific legal experts based on the request files, requirements for expertise, and assign a person responsible for coordinating the implementation of legal expertise.

3. Organizations conducting legal expertise shall conduct legal expertise on the object of expertise through collective examination. The number of legal experts must be three or more. The decision to conduct legal expertise shall be implemented according to Model No. 01 attached to this Circular.

4. If necessary, the forensic appraiser may organize testing results or other specialized conclusions before making an assessment.

1. The forensic appraiser shall examine the object subject to appraisal (cultural product) and related documents to make a specialized determination about the object subject to appraisal based on the following requirements:

a) Examine the overall content of the cultural product;

b) Examine the characteristics of the shape, size, color, decoration, and other relevant features of the cultural product.

2. For objects of expertise that cannot be moved or are difficult to move, legal experts must organize the examination of the object of expertise at the place of storage of the requester. The organization of the examination of the object of expertise at the place of storage of the requester must be recorded in a record and kept in the expertise file. The record of the examination of the object of expertise shall be implemented according to Model No. 02 attached to this Circular.

3. Legal experts are responsible for promptly, fully, and truthfully recording the entire process of expertise and the results of the expertise in writing and keeping it in the expertise file. The record of the implementation of the expertise shall be implemented according to Model No. 02 issued together with Circular No. 07/2014/TT-BVHTTDL.

Article 7. Appraisal Conclusion

Based on the results of legal expertise, test results, or other professional conclusions (if any), relevant legal provisions or general cultural standards, legal experts shall conclude on the object of expertise.

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 expertise of cultural products is completed, legal experts, organizations conducting legal expertise shall be responsible for handing over the Conclusion of Expertise to the requester of expertise.

The handover record of the Conclusion of Expertise shall be implemented according to Model No. 05 issued together with Circular No. 07/2014/TT-BVHTTDL.

Article 9. Establishment and Retention of Appraisal Files

Legal experts, organizations conducting legal expertise shall be responsible for establishing the legal expertise file for cultural products in accordance with Clause 1 of Article 33 of the Law on Legal Expertise and the provisions of this Circular. The preservation and retention of the legal expertise file shall be 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. Provincial Departments of Culture, Sports and Tourism, Municipal Departments of Culture and Sports shall be 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 November 15, 2019.

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

 

 

ANNEX

(Attached to Circular number:         /2019/TT-BVHTTDL dated     month    year 2019 of the Minister of Culture, Sports and Tourism)

Form No. 01: Decision on Conducting Judicial Appraisal for Cultural Products

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

 

Form No. 01. Decision on Conducting Judicial Appraisal for Cultural Products

 

Pursuant to …;

Regarding the conduct of judicial appraisal in accordance with the Request for Appraisal Decision No ….. dated …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 number 04/2013/TT-BVHTTDL dated March 3, 2013 of the Minister of Culture, Sports and Tourism stipulating standards, files, procedures for appointing and dismissing judicial appraisers; establishing and announcing lists of judicial appraisers and judicial appraisal organizations by case; procedures for assigning persons to participate in judicial appraisals and forming judicial appraisal boards in the field of culture;

Based on …(6);

Based on the Request for Appraisal Decision No …. dated … month … year …. of …….(4);

Considering the proposal of …. (if any),

DECISION:

Article 1. Conduct judicial appraisal for the case/matter based on the Request for Judicial Appraisal number …. dated … month …. year ….. of …..(4) in the form of collective appraisal with the following members participating in the appraisal:

1. …;

2. ….;

3  …..; (7)

Article 2. Entrust ….(8) to organize the conduct of judicial appraisal in accordance with the law. ….(8) assigns …(9) comrade as the assistant to the judicial appraiser.

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

 

___________________

(1) Name of the organization issuing the decision to conduct the appraisal.

(2) Abbreviate the name of the organization issuing the decision to implement the appraisal in all capital letters. (3) Location where the decision to conduct the judicial appraisal is made.

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

(5) Person authorized by the judicial appraisal organization to issue the decision to conduct the appraisal.

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

(7) Name, position, and workplace of each appraiser, with a minimum of three people.

(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 … on … day … month … year … at: …(2)

We include:

1. Representative of the party requesting/requiring expertise:

Mr. (Mrs.)...position...

2. Representative of …(3): Mr./Ms. … position …

3. Witness:

Mr. (Mrs.)...(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 state the name, type, number, code, date, month, year, key content of the information, and condition of the object under appraisal; reasons for examining the object under appraisal at the place of custody of the requesting/summoning party).

The record of examination of the object under appraisal at the place of custody of the requesting/summoning party 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 examination of the subject of expertise was completed at...hours...on.../.../...

 

___________________

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

(2) Location where the subject of expertise is stored by the requesting/requiring party.

(3) Name of agency, unit, or judicial appraiser receiving the request. (4) Clearly state the full name, position, address of the witness.

(5) Number of the request (or requirement) for expertise document.