Thông tư 04/2021/TT-BVHTTDL

CIRCULAR

PROVIDING FOR JUDICIAL EXPERTISE IN CULTURE SECTOR

Pursuant to the Law on Judicial Expertise dated June 20, 2012 and the Law on Amendments to Law on Judicial Expertise dated June 10, 2020;

Pursuant to the Government’s Decree No. 85/2013/ND-CP dated July 29, 2013 Decree stipulating in detail and measures to implement the Law on Judicial Expertise and the Government’s Decree No. 157/2020/ND-CP dated December 31, 2020 amending the Government’s Decree No. 85/2013/ND-CP dated July 29, 2013 Decree stipulating in detail and measures to implement the Law on Judicial Expertise;

Pursuant to the Government’s Decree No. 79/2017/ND-CP dated July 17, 2017 on functions, duties, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of Director General of Department of Legal Affairs;

The Minister of Culture, Sports and Tourism hereby promulgates a Circular providing for judicial expertise in culture sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for scope of judicial expertise, standards, applications and procedures for appointment and dismissal of judicial experts, issuance and revocation of judicial expert cards; recognition and posting of lists of and annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers; procedures for seconding judicial experts and establishment of expertise councils concerning the culture sector.

Article 2. Regulated entities

Organizations and individuals involved in judicial expertise in the culture sector and other relevant organizations and individuals.

Article 3. Scope of judicial expertise in culture sector

1. Judicial expertise on relics and antiques.

2. Judicial expertise on cultural products.

3. Judicial expertise on copyright and related rights.

4. Judicial expertise on other culture-related contents per the law.

Chapter II

STANDARDS, APPLICATIONS AND PROCEDURES FOR APPOINTMENT AND DISMISSAL OF JUDICIAL EXPERTS, ISSUANCE AND REVOCATION OF JUDICIAL EXPERT CARDS; RECOGNITION AND POSTING OF LISTS OF AND ANNULMENT OF RECOGNITION OF SUBJECT-MATTER JUDICIAL EXPERTS AND SUBJECT-MATTER EXPERTISE SERVICE PROVIDERS

Article 4. Standards for judicial expert appointment

1. Possess good health and moral standards.

2. Have a bachelor’s degree or higher in any of the following specializations:

a) Arts;

b) Applied arts;

c) Performing arts;

d) Audiovisual art;

dd) Vietnamese language, literature and culture;

e) Library science;

g) Museum studies;

h) Law;

k) Other relevant art and humanity studies.

3. Have at least 05 years of experience in their field of study (direct experience in the specializations mentioned in Clause 2 herein).

Article 5. Applications for judicial expert appointment

1. Application for judicial expert appointment of head of affiliated entity.

2. Copy of bachelor's degree or higher according to Clause 2 of Article 4 herein.

3. Curriculum vitae and police record. Police record is not required if the applicant is an official or public employee.

4. Written confirmation of professional experience from the applicant’s workplace.

Article 6. Procedures for judicial expert appointment and issuance of judicial expert cards

1. Procedures for appointment of judicial experts affiliated to the Ministry of Culture, Sports and Tourism (hereinafter referred to as “Ministry”) and issuance of Ministry-affiliated judicial expert cards

a) Ministry-affiliated entities shall select persons meeting the standards in Article 4 herein, formulate applications for judicial expert appointment according to regulations in Article 5 herein and send these applications together with 02 2 cm x 3 cm color portrait pictures (taken in the past 6 months) to the Ministry (via Department of Legal Affairs);

b) Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in considering, selecting and proposing applications to the Minister for decision on appointment and issuance of judicial expert cards;

c) Specimens of and procedures for issuance and reissuance of Ministry-affiliated judicial expert cards are provided for in Circular No. 11/2020/TT-BTP dated December 31, 2020 by the Minister of Justice.

2. Procedures for local judicial expert appointment and issuance of local judicial expert cards

a) Departments of Culture, Sports and Tourism and Departments of Culture and Sports (hereinafter referred to as “Departments”) shall take charge and cooperate with Departments of Justice in selecting persons meeting the standards in Article 4 herein, receiving applications for judicial expert appointment and proposing applications to Chairpersons of provincial People’s Committees for judicial expert appointment;

b) Specimens of and procedures for issuance and reissuance of provincial judicial expert cards are provided for in Circular No. 11/2020/TT-BTP dated December 31, 2020 by the Minister of Justice.

3. Formulation and posting of judicial expert lists

a) Department of Legal Affairs shall formulate and send list of judicial experts appointed by the Minister to Information Technology Center to have it posted on the Ministry’s web portal and to the Ministry of Justice to have it added to a consolidated list;

b) Information Technology Center shall post judicial expert list on the Ministry’s web portal within 03 days after receiving the list;

c) Departments shall formulate and send judicial expert lists to have them posted on web portals of provincial People's Committees as per regulations.

Article 7. Judicial expert dismissal and revocation of judicial expert cards

1. Cases subject to dismissal and applications for judicial expert dismissal are provided for in Article 10 of the Law on Judicial Expertise, which is amended in Clause 6 Article 1 of the Law on Amendments to Law on Judicial Expertise.

2. Ministry-affiliated entities shall formulate and send applications for judicial expert dismissal to Department of Legal Affairs.

Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in checking and proposing applications to the Minister for consideration and decision on dismissal of Ministry-affiliated judicial experts and revocation of judicial expert cards thereof.

3. Departments shall reach an agreement with Departments of Justice, and formulate and propose applications for judicial expert dismissal to Chairpersons of provincial People’s Committees for consideration and decision on dismissal of provincial judicial experts and revocation of judicial expert cards thereof.

4. Revision to judicial expert lists

a) Based on judicial expert dismissal decisions of the Minister according to regulations in Clause 2 herein, Department of Legal Affairs shall revise and send judicial expert list to Information Technology Center to have it posted on the Ministry’s web portal and to the Ministry of Justice for revision of the consolidated list;

b) Information Technology Center shall post judicial expert list on the Ministry’s web portal within 03 days after receiving the list;

c) Departments shall revise judicial expert lists for the cases mentioned in Clause 3 herein and have them posted on web portals of provincial People's Committees as per regulations.

Article 8. Recognition and posting of lists of and annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers

1. Recognition and posting of lists of subject-matter judicial experts and subject-matter expertise service providers under the Ministry’s management

a) Persons meeting the conditions in Clauses 1 and 2 Article 18 of the Law on Judicial Expertise and providers meeting the conditions in Clause 1 Article 19 of the Law on Judicial Expertise may be added to lists of subject-matter judicial experts and subject-matter expertise service providers;

b) On an annual basis, Ministry-affiliated entities shall select and formulate and send lists of subject-matter judicial experts to Department of Legal Affairs before March 1st.

Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in considering list of subject-matter judicial experts, selecting eligible providers and proposing them to Ministry’s leaders for decision on recognition of subject-matter judicial experts and subject-matter expertise service providers;

c) Department of Legal Affairs shall send lists of subject-matter judicial experts and subject-matter expertise service providers together with information on their fields of expertise, experience and capacity to Information Technology Center to have them posted on the Ministry’s web portal and to the Ministry of Justice to have them added to consolidated lists.

2. Annulment of recognition of subject-matter judicial experts and subject-matter expertise service providers

a) On an annual basis, Ministry-affiliated entities shall review lists of subject-matter judicial experts under their management. If finding any subject-matter judicial expert who no longer meets the conditions in Clauses 1 and 2 Article 18 of the Law on Judicial Expertise, they shall send a written request for annulment of recognition of this person as a judicial expert to the Department of Legal Affairs;

b) Department of Legal Affairs shall take charge and cooperate with Department of Personnel and Organization in consolidating list of subject-matter judicial experts no longer eligible and enumerating subject-matter expertise service providers no longer meeting the conditions in Clause 1 Article 19 of the Law on Judicial Expertise and proposing them to Ministry’s leaders for annulment decision.

Chapter III

PROCEDURES FOR SECONDING JUDICIAL EXPERTS AND ESTABLISHMENT OF EXPERTISE COUNCILS

Article 9. Seconding judicial experts

1. At the Ministry

a) In case the Ministry receives solicitation of judicial expertise containing contents under its state management, Department of Legal Affairs shall take charge and cooperate with relevant regulatory bodies and units in selecting judicial experts and subject-matter judicial experts suitable for the solicitation’s contents and proposing judicial expertise by individual or in group to the Ministry's leaders for decision on seconding judicial experts and method for judicial expertise on requested contents.

In case the contents requiring judicial expertise are outside of state management of the Ministry, Department of Legal Affairs shall take charge and cooperate with relevant regulatory bodies and units in proposing that the solicitation be rejected to the Ministry's leaders and replying to the solicitation seeking authority;

b) When receiving expertise request and solicitation, Ministry-affiliated entities shall cooperate with Department of Legal Affairs in implementing regulations in Point a of this Clause and other relevant law provisions.

2. At Departments

a) In case a Department receives solicitation of judicial expertise containing contents under its state management, its Director shall select judicial experts and subject-matter judicial experts suitable for the solicitation’s contents, decide whether judicial expertise is to be performed by individual or in group; and notify list of seconded judicial experts and judicial expertise method to the solicitation seeking authority;

b) In case the contents requiring judicial expertise are outside of state management of the Department, its Director shall reject the solicitation and inform the solicitation seeking authority in writing.

3. Persons assigned to perform judicial expertise shall receive contents requiring judicial expertise, organize judicial expertise, draw conclusions concerning contents requiring expertise and reply to the solicitation seeking authority as per the law.

If deeming themselves incapable of performing expertise on assigned contents, persons assigned to perform judicial expertise must decline in writing. The declining document shall be sent to the solicitation seeking authority and authority seconding these persons.

Article 10. Establishment of expertise councils

1. Conditions for establishment of expertise councils

a) Councils for expertise on the culture sector shall be established in the cases mentioned in Article 30 of the Law on Judicial Expertise;

b) The Minister has the power to decide establishment of councils for expertise on the culture sector.

2. Establishment of expertise councils

a) Department of Legal Affairs shall take charge and cooperate with relevant Ministry-affiliated entities in selecting judicial experts and subject-matter judicial experts suitable for the solicitation’s contents and completing and proposing applications for expertise council establishment to the Minister for decision;

b) Composition, number of members and operating mechanism of expertise councils are provided for in Article 30 of the Law on Judicial Expertise.

Chapter IV

IMPLEMENTATION

Article 11. Responsibility assignment

1. Department of Legal Affairs shall take charge and cooperate with relevant regulatory bodies and units in providing guidelines for and inspecting implementation of this Circular.

2. Heads of relevant affiliates of the Ministry and Directors of Departments shall organize implementation of this Circular.

Article 12. Effect

1. This Circular comes into force from August 01, 2021.

2. Circular No. 04/2013/TT-BVHTTDL dated May 03, 2013 by the Minister of Culture, Sports and Tourism on standards, applications and procedures for appointment and dismissal of judicial experts, formulation and posting of lists of judicial experts, subject-matter judicial experts and subject-matter expertise service providers; procedures for seconding judicial experts and establishment of expertise councils concerning the culture sector is annulled from the entry into force of this Circular.

During the implementation of this Circular, any difficulty arising should be promptly reported to the Ministry (via Department of Legal Affairs) for appropriate amendment./.