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Circular No. 08/2019/TT-BVHTTDL dated September 03, 2019 of the Ministry of Culture, Sports and Tourism on process of performing judicial expertise on cultural products

Date: 9/3/2019


MINISTRY OF CULTURE, SPORTS AND TOURISM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 08/2019/TT-BVHTTDL
Hanoi, September 03, 2019
 
Pursuant to Law on Judicial Expertise;
Pursuant to Law on Cinematography and Law on amendments to a number of Articles of Law on Cinematography;
Pursuant to Decree No. 103/2009/ND-CP dated November 06, 2009 of Government on cultural activities and provision of public cultural services;
Pursuant to Decree No. 54/2010/ND-CP dated May 21, 2010 of Government on elaborating to a number of Articles of Law on Cinematography and Law on amendments to a number of Articles of Law on Cinematography;
Pursuant to Decree No. 79/2012/ND-CP dated October 05, 2012 of Government on art performance and fashion shows; beauty contests and model contest; circulation and trade of audio and video recordings of stage and music performances, and Decree No. 15/2016/ND-CP dated March 15, 2016 of Government on amendments to a number of Articles of Decree No. 79/2012/ND-CP ;
Pursuant to Decree No. 85/2013/ND-CP dated July 29, 2013 of Government on elaborating to Law on Judicial Expertise;
Pursuant to Decree No. 113/2013/ND-CP dated October 02, 2013 of Government on fine art activities;
Pursuant to Decree No. 72/2016/ND-CP dated July 01, 2016 of Government on photographic activities;
Pursuant to Decree No. 79/2017/ND-CP dated July 17, 2017 of Government on functions, tasks, powers and organizational structures of Ministry of Culture, Sports and Tourism;
At the request of Director General of Department of Legal Affairs;
Minister of Culture, Sports and Tourism promulgates Circular on process of performing judicial expertise on cultural products.
This Circular prescribes the process of performing judicial expertise in order to reach the conclusion on culture issues with respect to cultural products (except for relics, antiques and copyright and related rights) solicited by competent procedural authorities or persons or at request of persons soliciting for judicial expertise.
This Circular applies to persons or entities performing judicial expertise and other relevant entities and persons relating to performing judicial expertise to cultural products.
In this Circular, terms below are construed as follows:
1. “Cultural products” refer to products under management in the field of culture of Ministry of Culture, Sports and Tourism as per laws.
2. “Person performing judicial expertise to cultural products” (hereinafter referred to as “self-employed expert witness") includes judicial experts and persons performing judicial expertise on a case-by-case basis in the appropriate field who are assigned and recognized according to judicial expertise laws.
3. “Entity performing judicial expertise to cultural products” (hereinafter referred to as “institutional expert witness”) includes Ministry of Culture, Sports and Tourism, Department of Culture, sports and Tourism, Department of Culture and Sports of provinces and central-affiliated cities, organizations performing judicial expertise on a case-by-case basis operating in appropriate field and recognized according to judicial expertise laws.
1.Self-employed and institutional expert witnesses shall receive solicitation and request together with subject matters, documents and objects related thereto (if any) to proceed with expert assessment process; if judicial expertise requirements are not met, reject as per the law.
2. Transfer and receipt of documents, subject matters of judicial expertise regarding cultural products shall conform to Article 3 of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 of Minister of Culture, Sports and Tourism on documents of judicial expertise; application of specialized regulation in judicial expertise in the field of culture; condition of expertise facilities, equipment and means of office of judicial expert on relics, antiques, copyright and related rights (hereinafter referred to as “Circular No. 07/2014/TT-BVHTTDL”).
1. Self-employed or institutional expert witness shall inspect the application and consult specific regulations of relevant laws to prepare for the expert assessment process. If certain contents of the solicitation, request or subject matters of judicial expertise need to be clarified, require the seekers to provide additional relevant information and documents.
2. The institutional expert witness shall rely on the expertise application to select the appropriate ad hoc judicial experts, self-employed expert witness and assign individuals responsible for the coordination of judicial expertise implementation.
3. The institutional expert witness shall make judicial assessment on subject matters of judicial expertise in groups. There must be at least 03 self-employed expert witnesses.
Decision to perform judicial expertise can be made using Form No. 01 in Annex attached to this Circular.
4. If necessary, the self-employed expert witness shall collect additional test results or professional consultation before making the assessments or conclusions.
1. The self-employed expert witness shall consider the subject matters of judicial expertise (cultural products) and relevant documents to provide professional remarks on such subject matters based on the following criteria:
a) Overview on the contents of cultural products;
b) Properties relating shapes, size, colors, decorations and other relevant properties of the cultural products.
2. With respect to subject matters of judicial expertise that are difficult or unable to be moved, the self-employed expert witness must inspect such subject matters at the locations where they are kept by the seekers. The inspection on the subject matters of judicial expertise at the locations where they are kept by the seekers must be kept records and archive in the expertise dossiers.
The record for inspection on the subject matters of judicial expertise can be made using Form No. 02 in Annex attached to this Circular.
3. The self-employed expert witness must promptly and truthfully make written documents stating the entire process of expertise assessment and the results thereof on paper and store them in the expertise dossiers.
The documents stating the process of expertise assessment can be made using Form No. 02 attached to Circular No. 07/2014/TT-BVHTTDL .
Article 7. Expertise conclusions
Based on the expert assessment results, test results or other professional conclusions (if any), relevant law provisions or general cultural standards, the self-employed expert witness shall conclude the subject matters of judicial expertise.
The expertise conclusion can be made using Form No. 04a and 04b attached to Circular No. 07/2014/TT-BVHTTDL .
Article 8. Transfer of expert assessment results
Upon finishing the judicial expertise on cultural products, the self-employed and institutional expert witnesses shall transfer the expert assessment results to the seekers.
The Record for the transfer of expert assessment results can be made using Form No. 05 attached to Circular No. 07/2014/TT-BVHTTDL .
Article 9. Preparation and storage of expert assessment dossiers
The self-employed and institutional expert witness shall prepare the judicial expertise dossiers on cultural products as specified in Clause 1 Article 33 of Law on Judicial Expertise and regulations under this Circular.
The preservation and archival of the judicial expertise dossiers shall comply with archive laws.
1. Department of Legal Affairs shall take charge and cooperate with relevant agencies and units to instruct and organize the examination of this Circular implementation.
2. Culture, Sports and Tourism Departments, Culture and Sports Departments of provinces and central-affiliated cities shall implement and examine, expedite relevant entities and individuals to implement this Circular.
1This Circular comes into force from November 15, 2019.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism (via the Department of Legal Affairs)./.
 
 
MINSTER
(Signed and sealed)




Nguyen Ngoc Thien
(This translation is for reference only)



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