Circular No. 22/2011/TT-BVHTTDL stipulates the conditions for establishing and operating antique appraisal institutions.

CIRCULAR

Provisions on the establishment and operation conditions of antique appraisal institutions

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Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;

Pursuant to Decree No. 98/2010/NĐ-CP dated September 21, 2010 of the Government detailing the implementation of certain provisions of the Cultural Heritage Law and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Ministry of Culture, Sports and Tourism shall stipulate the conditions for the establishment and operation of antique appraisal institutions as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth the conditions for the establishment and operation of antique appraisal institutions in Vietnam.

Article 2. Applicability

1. This Circular applies to organizations and individuals related to the establishment and operation of antique appraisals in Vietnam.

2. In cases where antique appraisals are conducted upon request from judicial authorities, the person conducting the litigation shall implement according to the regulations of the law on forensic appraisal.

Article 3. Antique Appraisal

1. Antique appraisal is the use of knowledge, means, and scientific, technical, and professional methods to evaluate and conclude on specialized issues related to the historical, cultural, scientific, age, and material value of antiques.

2. Antique appraisal activities are carried out by antique appraisal institutions when there is a request for antique appraisal from organizations and individuals to serve the purpose of protecting and promoting the value of antiques, registering antiques, and other activities related to antiques.

3. Principles of antique appraisal:

a) Compliance with the law;

b) Honesty, accuracy, objectivity;

c) Only conclude on specialized issues related to antiques within the scope requested;

d) Be responsible under the law for the results of the appraisal.

Article 4. Prohibited Acts

1. Intentionally issuing false appraisal conclusions.

2. Taking advantage of the implementation of antique appraisals for personal gain.

3. Conducting antique appraisals when having rights and obligations related to the objects being appraised.

Chapter II

CONDITIONS FOR ESTABLISHMENT AND ISSUANCE OF CERTIFICATE OF SATISFACTORY CONDITIONS FOR OPERATING ANTIQUE APPRAISAL

Article 5. Conditions for Establishing Antique Appraisal Institutions

1. Having a headquarters, storage facility, and preservation space for appraisal objects.

2. Having necessary equipment and means to conduct appraisals.

3. Having sources of information about antiques for reference and service of antique appraisal activities.

4. Having at least five (5) experts or more in fields such as history, chemistry, physics, who have full civil capacity; among them, at least three (3) experts must meet the following conditions:

a) Having a bachelor's degree or higher in museum studies, archaeology, Han Nom, and other relevant majors related to antique appraisal;

b) Having at least five (5) years of practical experience in their respective fields.

Article 6. Establishment of Antique Appraisal Institutions

Organizations with legal personality, meeting all the conditions prescribed in Article 5 of this Circular, may establish antique appraisal institutions in accordance with the provisions of the law.

Article 7. Authority to Issue Certificate of Satisfactory Conditions for Operating Antique Appraisal and Registering Antique Appraisal Activities

1. The Director of the Department of Culture, Sports and Tourism has the authority to issue certificates of satisfactory conditions for operating antique appraisals, reissue, and revoke certificates of satisfactory conditions for operating antique appraisals of antique appraisal institutions registered for antique appraisal activities at the Department of Culture, Sports and Tourism.

2. Antique appraisal institutions as prescribed in Article 6 of this Circular may only conduct antique appraisal activities after registering for antique appraisal activities at the Department of Culture, Sports and Tourism where the main office of the antique appraisal institution is located and obtaining a certificate of satisfactory conditions for operating antique appraisals.

Article 8. Procedure for Issuing the Certificate of Eligibility for Antique Appraisal Activities

1. The antique appraisal entity shall submit directly or send via postal service one (01) set of registration application and request for issuance of the Certificate of Eligibility for Antique Appraisal Activities to the Department of Culture, Sports and Tourism at the locality. The application includes:

a) Application form for registration and request for issuance of the Certificate of Eligibility for Antique Appraisal Activities (in accordance with Model No. 1 issued together with this Circular);

b) A copy of the decision on establishment or business registration certificate with legal validity;

c) Curriculum vitae of the legal representative of the antique appraisal entity requesting issuance of the Certificate of Eligibility for Antique Appraisal Activities;

d) List accompanied by scientific curriculum vitae of experts; certified copies of university or postgraduate graduation certificates, confirmation letters of actual professional activity time of experts (issued by the agency or organization where the person is currently or has worked) as stipulated in Clause 4, Article 5 of this Circular;

đ) Certified copies of employment decisions or indefinite-term labor contracts between the antique appraisal entity and experts;

e) Certified copies of documents proving the headquarters (with certification), equipment and means for conducting appraisals;

g) List of sources of literature on antiques as stipulated in Clause 3, Article 5 of this Circular.

2. The antique appraisal entity shall pay fees as prescribed by the Ministry of Finance at the time of requesting issuance of the Certificate of Eligibility for Antique Appraisal Activities.

3. Within fifteen working days from the date of receiving complete and valid applications, the Director of the Department of Culture, Sports and Tourism shall examine and decide on issuing the Certificate of Eligibility for Antique Appraisal Activities (in accordance with Model No. 2 issued together with this Circular) based on the conditions stipulated in Article 5 of this Circular. In case of refusal, a written response must be provided with clear reasons stated.

Article 9. Reissuing the Certificate of Eligibility for Antique Appraisal Activities

1. The Certificate of Eligibility for Antique Appraisal Activities shall be reissued in the following cases:

a) The Certificate of Eligibility for Antique Appraisal Activities is lost or damaged (torn, dirty, faded) and cannot be used;

b) The Certificate of Eligibility for Antique Appraisal Activities contains errors caused by the Department of Culture, Sports and Tourism when issuing it;

c) There are changes in information recorded in the previously issued Certificate of Eligibility for Antique Appraisal Activities.

2. Procedure for reissuing the Certificate of Eligibility for Antique Appraisal Activities:

a) The antique appraisal entity shall submit directly or send via postal service one (01) set of application for reissuance of the Certificate of Eligibility for Antique Appraisal Activities to the Department of Culture, Sports and Tourism at the locality. The application includes:

- Application for reissuance of the Certificate of Eligibility for Antique Appraisal Activities (in accordance with Model No. 3 issued together with this Circular);

- Original Certificate of Eligibility for Antique Appraisal Activities that has been issued (for cases where the certificate is damaged, erroneous, or there are changes in information).

In case of changes in information recorded in the previously issued Certificate of Eligibility for Antique Appraisal Activities, relevant documents related to such changes must be submitted along with the application (originals or certified copies of relevant documents related to the changes in information, applied according to the provisions of Clause 1, Article 8 of this Circular).

b) The antique appraisal entity shall pay fees as prescribed by the Ministry of Finance at the time of requesting reissuance of the Certificate of Eligibility for Antique Appraisal Activities.

In case of reissuance due to errors in the Certificate of Eligibility for Antique Appraisal Activities caused by the Department of Culture, Sports and Tourism, the Director of the Department of Culture, Sports and Tourism shall bear the responsibility to issue it free of charge upon request of the antique appraisal entity.

c) Within five working days from the date of receiving complete and valid applications, the Director of the Department of Culture, Sports and Tourism shall examine and decide on reissuing the Certificate of Eligibility for Antique Appraisal Activities. In case of refusal, a written response must be provided with clear reasons stated.

Article 10. Revocation of Certificate of Qualification for Antique Appraisal Activities

The Director of the Department of Culture, Sports and Tourism shall decide to revoke the Certificate of Qualification for Antique Appraisal Activities in the following cases:

1. The antique appraisal facility no longer meets one of the conditions prescribed in Article 5 of this Circular;

2. The antique appraisal facility is dissolved or voluntarily ceases its antique appraisal activities;

3. The antique appraisal facility commits acts of violating laws in antique appraisal activities and is proposed by competent state agencies to revoke the Certificate of Qualification for Antique Appraisal Activities in accordance with the law on administrative violations and criminal law.

Chapter III

ANTIQUE APPRAISAL FACILITY ACTIVITIES

Article 11. Requirements and Acceptance of Antique Appraisal Requests

1. Organizations and individuals submit the request for antique appraisal dossier to the antique appraisal facility. The appraisal request dossier includes:

a) A document requesting antique appraisal (in accordance with Model No. 4 issued together with this Circular);

b) Images of the object: one overall image and one detailed image (color images, at least 9cm x 12cm in size), with complete annotations;

c) Documents proving the legal origin of the object and other relevant documents related to the object (if any).

2. The antique appraisal facility accepts the appraisal request dossier, estimates the cost of the appraisal, negotiates, and signs the Antique Appraisal Contract with the organization or individual requesting the appraisal, except in cases where it refuses to conduct the appraisal as stipulated in Clause 3 of this Article.

3. The antique appraisal facility refuses to conduct antique appraisals in the following cases:

a) Failure to meet the requirements for conducting the appraisal;

b) The appraised object has an illegal origin;

c) Relevant documents provided by the organization or individual requesting the appraisal are insufficient or lack value for the appraisal conclusion.

The refusal to conduct the appraisal must be notified in writing to the organization or individual requesting the appraisal.

4. The handover and receipt of objects before and after the appraisal must be recorded in a protocol (in accordance with Model No. 5 issued together with this Circular).

The antique appraisal facility is responsible for preserving the appraised object and relevant documents related to the appraised object.

Article 12. Costs of Conducting Appraisals

1. Based on the subject, content of the request, nature, and volume of work required for the appraisal, the antique appraisal facility prepares an estimate of the costs for conducting the appraisal and agrees with the organization or individual requesting the antique appraisal.

2. The costs of conducting the appraisal include one or all of the following costs:

a) Testing costs;

b) Machinery and equipment costs for the appraisal;

c) Research costs for files and documents;

d) Costs for discussion, review, and evaluation sessions of the object;

đ) Costs for preserving the object;

e) Management costs and other necessary costs.

Article 13. Antique Appraisal Contracts

The Antique Appraisal Contract contains the following main contents:

1. Name and address of the organization or individual requesting the antique appraisal; name, address, and legal representative of the antique appraisal facility;

2. Content of the appraisal request;

3. Location and time of conducting the appraisal;

4. Appraisal costs and payment methods;

5. Rights and obligations of the parties;

6. Inspection and termination of the contract;

7. Liability for compensation for damages; dispute resolution methods;

8. Other conditions agreed upon (if any).

Article 14. Antique Appraisal Expert Team

1. Antique appraisals must be conducted by the Antique Appraisal Expert Team (hereinafter referred to as the Expert Team).

2. The Expert Team is established by the head of the antique appraisal facility, consisting of a team leader and members. The number of Expert Team members must be odd and have three or more members.

Depending on the content of the appraisal request, the antique appraisal facility may invite experts or scientists from other organizations who have expertise or knowledge about antiques to participate as members of the Expert Team.

Members of the Antique Appraisal Council established by the Ministry of Culture, Sports and Tourism are not allowed to participate as members of the Expert Team of the antique appraisal facility.

3. The Expert Team operates based on democratic principles, publicly voting on the appraisal conclusions. Members of the Expert Team collectively discuss the appraisal issues, and the opinions of the members must be recorded in the meeting minutes of the Expert Team.

4. Responsibilities of the Expert Team:

a) Adhering to the principles of antique appraisal prescribed in Clause 3 of Article 3 of this Circular;

b) Selecting appropriate methods to conduct the appraisal according to the agreed content in the Antique Appraisal Contract;

c) May use test results or specialized conclusions made by other organizations or individuals conducting the appraisal;

d) Members of the Expert Team are individually responsible for their appraisal opinions and collectively responsible for the Expert Team's final conclusion; they must keep confidential the appraisal results, information, and documents if requested by the organization or individual requesting the antique appraisal.

5. The entire process of the Expert Team's appraisal must be recorded in an appraisal protocol signed by the team leader and members of the Expert Team. The appraisal protocol must be promptly, fully, and truthfully recorded and kept in the antique appraisal dossier.

Article 15. Results of Antique Appraisal

1. Within fifteen working days from the date of the appraisal record, the head of the antique appraisal facility must review and decide to issue the Antique Certificate (in accordance with Model No. 6 issued together with this Circular).

The Antique Certificate must be established in at least two copies, one copy returned to the organization or individual requesting the appraisal, and one copy kept in the antique appraisal file.

2. In cases where additional time is necessary to conduct the antique appraisal, the antique appraisal facility must promptly notify in writing and obtain the agreement of the organization or individual requesting the appraisal.

Article 16. Antique Appraisal File

1. The antique appraisal facility must establish an Antique Appraisal File. The Antique Appraisal File shall include the following documents:

a) Documents prescribed in Clause 1, Article 11 of this Circular;

b) Appraisal Contract;

c) Record of handover and receipt of objects for appraisal;

d) Appraisal Record;

đ) Appraisal Photographs (if any);

e) Previous Appraisal Conclusions or testing and experimental results of appraisals conducted by others for the purpose of serving the appraisal (if any);

g) Other relevant documents related to the appraisal (if any);

h) Antique Certificate.

2. The Antique Appraisal File must be retained at the antique appraisal facility from the date of completion of the appraisal, except where otherwise provided by law.

The antique appraisal facility is responsible for preserving and retaining the appraisal files it has conducted in accordance with the legal provisions on archiving.

Article 17. Supplementary Appraisal

Organizations and individuals may request the appraisal facility that has already conducted the appraisal to perform supplementary appraisals of other contents related to the object outside the signed contract. The supplementary appraisal must be agreed upon by both parties and recorded as an appendix to the contract. The contract appendix is kept in the Antique Appraisal File.

Chapter IV

IMPLEMENTATION

Article 18. Information and Reporting System

1. The Heritage Department establishes a List of active antique appraisal facilities, supplements or deletes the names of antique appraisal facilities in the List of antique appraisal facilities according to decisions on issuing, reissuing, or revoking the Certificate of Qualification for Antique Appraisal Activities, and publishes it on the electronic information website (Website) of the Ministry of Culture, Sports and Tourism and the Heritage Department.

2. The Department of Culture, Sports and Tourism reports periodically every six months and annually on the operation status of antique appraisal facilities registered to operate in their locality to the Ministry of Culture, Sports and Tourism; notifies in writing information about issuing, reissuing, or revoking the Certificate of Qualification for Antique Appraisal Activities to serve the establishment of the List of antique appraisal facilities as stipulated in Clause 1 of this Article.

3. Antique appraisal facilities report periodically every six months and annually on the appraisal activities of their own facility to the Department of Culture, Sports and Tourism where they have registered to operate.

Article 19. Responsibility for Implementation

1. The Heritage Department is responsible for monitoring, supervising, and inspecting the implementation of this Circular.

2. Departments of Culture, Sports and Tourism of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular; conducting periodic or spot inspections, and supervising the maintenance of operating conditions of antique appraisal facilities in their locality.

Article 20. Implementation Provisions

1. This Circular takes effect from February 15, 2012.

2. During the implementation process, if there are any difficulties, agencies, organizations, and individuals need to promptly reflect them to the Ministry of Culture, Sports and Tourism for consideration, supplementation, and amendment./.