Consolidated Document number 2110/VBHN-BVHTTDL stipulates the judicial appraisal procedure for cultural products.

CIRCULAR

Regulations on the judicial appraisal process for cultural products

19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 08/2019/TT-BVHTTDL dated September 3, 2019, issued by the Minister of Culture, Sports and Tourism, stipulates the judicial appraisal process for cultural products, which took effect from November 15, 2019, supplemented by:

19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 03/2021/TT-BVHTTDL dated June 1, 2021, issued by the Minister of Culture, Sports and Tourism, supplementing certain articles of Circulars regulating the judicial appraisal process in the field of culture, which took effect from August 1, 2021.

Pursuant to the Law on Judicial Appraisal;

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

Decree No. 103/2009/NĐ-CP dated November 6, 2009, promulgated by the Government, providing the operation regulations of culture and public cultural service business;

Decree No. 54/2010/NĐ-CP dated May 21, 2010, promulgated by the Government, detailing the implementation of certain provisions of the Cinema Law and the Law amending and supplementing certain provisions of the Cinema Law;

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

Decree No. 85/2013/NĐ-CP dated July 29, 2013, promulgated by the Government, detailing and implementing measures for the Law on Judicial Appraisal;

Decree No. 113/2013/NĐ-CP dated October 2, 2013, promulgated by the Government, concerning fine arts activities;

Decree No. 72/2016/NĐ-CP dated July 1, 2016, promulgated by the Government, concerning photography activities;

Decree No. 79/2017/NĐ-CP dated July 17, 2017 of the Government 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 issues this Circular stipulating the judicial appraisal process for cultural products.¹

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the judicial appraisal process to conclude specialized cultural issues regarding cultural products (excluding antiques and relics and the field of copyright and related rights) upon request of judicial proceedings agencies, prosecutors, or at the request of the person requesting judicial appraisal.

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 product refers to products under the specialized management of the Ministry of Culture, Sports and Tourism according to the provisions of the law.

2. Judicial appraiser for cultural products includes judicial appraisers, case-specific judicial appraisers in the field of culture within the appropriate specialty who have been appointed and announced in accordance with the law on judicial appraisal.

3. Judicial appraisal organization for cultural products includes the Ministry of Culture, Sports and Tourism, Provincial Departments of Culture, Sports and Tourism, Municipal Departments of Culture and Sports, central cities, and case-specific judicial appraisal organizations with relevant professional activities that have been announced in accordance with the law on judicial appraisal.

Chapter II. PROCEDURES FOR JUDICIAL APPRAISAL OF CULTURAL PRODUCTS

Article 4. Accepting Requests and Forensic Appraisals

1. The forensic appraiser for cultural products (hereinafter referred to as the forensic appraiser) and the forensic appraisal organization for cultural products (hereinafter referred to as the forensic appraisal organization) shall accept requests and appraisal requirements along with the objects subject to appraisal and related documents (if any) to carry out the appraisal; if the conditions for appraisal are not met, they shall refuse according to the provisions of the law.

2. The handover and receipt of files, objects, and requests for forensic appraisal of cultural products shall be carried out in accordance with the provisions of Article 3 of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014, issued by the Minister of Culture, Sports and Tourism on the files and sample documents for implementing forensic appraisals; applying professional standards for forensic appraisal activities in the field of culture; material and technical conditions, equipment, and means for forensic appraisal at the Office of Forensic Appraisal for Antiquities, Artifacts, Copyrights, and Related Rights (hereinafter referred to as Circular No. 07/2014/TT-BVHTTDL).

Article 5. Preparing to Conduct Appraisal

1. The forensic appraiser and the forensic appraisal organization shall study the request file, requirements, and specific legal provisions relevant to prepare for conducting forensic appraisals. In cases where further clarification is needed regarding the content of the request for appraisal, the object of appraisal, they shall request the requester to provide additional information and related documents.

2. The forensic appraisal organization shall select forensic examiners and forensic appraisers suitable for each case based on the request file and requirements for appraisal, and assign a person responsible for coordinating the implementation of forensic appraisals.

3. The forensic appraisal organization shall conduct collective forensic appraisals of the objects subject to appraisal. The number of forensic appraisers must be three or more.

The decision to conduct forensic appraisals shall be implemented in accordance with Form No. 01 the Appendix attached to this Circular.

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

Article 6. Conducting Appraisal

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 that cannot be moved or are difficult to move, the forensic appraiser must organize the examination of the object subject to appraisal at the place of storage of the requester. The organization of the examination of the object subject to appraisal at the place of storage of the requester must be recorded in a protocol and kept in the appraisal file.

The protocol for examining the object subject to appraisal shall be implemented in accordance with Form No. 02 the Appendix attached to this Circular.

3. The forensic appraiser has the responsibility to promptly, fully, and truthfully record the entire process of appraisal and the results of the appraisal in writing and keep it in the appraisal file.

The document recording the process of conducting the appraisal shall be implemented in accordance with Form No. 02 issued together with Circular No. 07/2014/TT-BVHTTDL .

Article 6a. Time limit for appraisal²

1. The maximum time limit for appraisal is two months as prescribed in Clause 1 of Article 26a of the Law on Judicial Appraisal supplemented pursuant to Clause 16 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Judicial Appraisal.

2. The time limit for appraisal 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 with the individual or organization being requested on the time limit for appraisal before making the request, but it must not exceed the time limit prescribed in Clauses 1 and 2 of this Article.

4. In cases where issues arise or there is a basis to believe that the appraisal cannot be completed within the stipulated time, the individual or organization conducting the appraisal must promptly notify the requesting party in writing, stating the reasons and the expected completion time for issuing the appraisal conclusion.

Article 7. Appraisal Conclusion

Based on the results of judicial appraisal, test results, or other specialized conclusions (if any), relevant laws, or general cultural standards, the judicial appraiser concludes on the subject of the appraisal.

The appraisal conclusion is carried out according to Form No. 04a and 04b issued together with Circular No. 07/2014/TT-BVHTTDL .

Article 8. Handover of Appraisal Conclusion

When the judicial appraisal of cultural products is completed, the judicial appraiser or the judicial appraisal organization has the responsibility to hand over the Appraisal Conclusion to the requesting party.

The handover record of the Appraisal Conclusion is carried out according to Form number 05 issued together with Circular No. 07/2014/TT-BVHTTDL .

Article 9. Establishment and Retention of Appraisal Files

The judicial appraiser or the judicial appraisal organization has the responsibility to establish the judicial appraisal file for cultural products in accordance with Clause 1 of Article 33 of the Law on Judicial Appraisal and the provisions of this Circular.

The preservation and retention of judicial appraisal files are carried out in accordance with the law on archives.

Chapter III. IMPLEMENTATION 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, Departments of Culture and Sports of centrally-administered cities have the responsibility to organize the implementation, inspection, and supervision of related agencies, organizations, and individuals to implement this Circular.

Article 11. Effective Date³

1. This Circular takes effect from November 15, 2019.

2. During the implementation process, if any difficulties arise, agencies, units, and individuals are requested to 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 No: 08/2019/TT-BVHTTDL September 3, 2019 of the Minister of Culture, Sports and Tourism)
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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;

Decree No. 85/2013/NĐ-CP dated July 29, 2013, promulgated by the Government, detailing and implementing measures for the Law on Judicial Appraisal;

dated August 4, 2025, of the Minister of Home Affairs on measures to organize and guide the implementation of the Law on Encouragement and Reward and Decision No. 04/2013/TT-BVHTTDL May 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 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 in accordance with the Request for Appraisal Decision No …. 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) Abbreviation in capital letters of the organization issuing the decision to conduct the appraisal.

(3) Location where the decision to conduct the judicial appraisal is issued.

(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 …month …year…at:…(2)

We include:

1. Representative of the party requesting/requiring expertise:

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

2.Representative…(3):

Mr. (Mrs.)...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 information content, and condition of the object of appraisal; reason for examining the object of appraisal at the place of custody of the requesting party).

The record of examination of the object of appraisal at the place of custody of the requesting party has been read aloud to those named above and signed by representatives for confirmation; the record is made in duplicate, with each party holding 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 authority, unit, or expert receiving the request.

(4) Clearly record the full name, position, address of the witness.

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