CIRCULAR

PROCESS OF PERFORMING JUDICIAL EXPERTISE ON CULTURAL PRODUCTS

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;

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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.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

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.

Article 2. Regulated entities

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Article 3. Term interpretation

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.

Chapter II

PROCESS OF PERFORMING JUDICIAL EXPERTISE TO CULTURAL PRODUCTS

Article 4. Receipt of expertise request and solicitation

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”).

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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.

Article 6. Performance of judicial expertise

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.

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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.

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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.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Implementation

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.

Article 11. Entry into force

1. This Circular comes into force from November 15, 2019.

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MINSTER




Nguyen Ngoc Thien