Thông tư 07/2014/TT-BVHTTDL

CIRCULAR

DEFINING DOSSIERS, WRITTEN FORMS OF JUDICIAL EXPERTISE ; APPLICATION OF PROFESSIONAL REGULATIONS FOR JUDICIAL EXPERTISE IN THE FIELD OF CULTURE; CONDITIONS OF EXPERTISE FACILITIES, EQUIPMENT AND MEANS OF OFFICE OF JUDICIAL EXPERTISE ON RELICS, ANTIQUES , COPYRIGHTS AND RELEVANT RIGHTS

Pursuant to the Law on judicial expertise dated June 20, 2012;

Pursuant to the Government's Decree No. 85/2013 / ND-CP dated July 29, 2013 detailing and enforcement measures of the Law on judicial expertise;

Pursuant to the Government's Decree No. 76/2013 / ND-CP dated July 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of the Director of the Legal Department;

The Minister of Culture, Sports and Tourism promulgates the Circular defining dossiers, written forms of judicial expertise ; application of professional regulations for judicial expertise in the field of culture; conditions of expertise facilities, equipment and means of office of judicial expertise on relics, antiques , copyrights and relevant rights

Article 1. Scope of regulation

This circular defines dossiers, written forms of judicial expertise ; application of professional regulations for judicial expertise in the field of culture; conditions of expertise facilities, equipment and means of office of judicial expertise on relics, antiques , copyrights and relevant rights

Article 2. Regulated entities

This Circular shall be applied to Judicial experts, judicial expertise performers under cases, judicial expertise office, judicial expertise institutions under cases in the field of culture; other involved individuals and organizations in the receipt and the solicitation or request of expertise.

Article 3. Transfer and receipt of dossiers and objects of solicited or requested expertise

1. Transfer and receipt of dossiers and objects of solicited or requested expertise may be directly handed over and received directly or sent by post as prescribed in Article 27 of the Law on judicial expertise.

2. The direct handover and receipt of dossiers and objects of solicited or requested expertise shall be recorded in writing. Only right objects of solicited or requested expertise and objects that are not under refusal under the provisions of law may be received.

Article 4. Written form of judicial expertise in the field of culture

1. Performing judicial expertise as solicited and requested in the field of culture must comply with the principles defined in Article 3 of the Law on judicial expertise and shall be recorded in writing promptly, fully and truthfully the whole process and the results of expertise in accordance with the written form prescribed in paragraph 2 of this Article.

2. The following written forms shall be enclosed herewith this Circular:

a) The written record of handover and receipt of the dossier and object of solicited or requested expertise (Form 01);

b) The written record of unsealing (Form 02);

c) The written form of recording the performing process of judicial expertise ( Form 03);

d) The form of expertise conclusion (Form 04A and 04b);

dd) The transfer note of expertise conclusion (Form 05);

Article 5. Application of professional regulations for judicial expertise

1. Judicial expertise of antiques shall comply with the provisions of Chapter III of the Minister of Culture, Sports and Tourism’s Circular No. 22/2011 / TT-BVHTTDL dated December 30, 2011 defining on conditions of establishment and operation of the antique assessment facility

2. Judicial expertise of copyrights and relevant rights shall comply with the provisions of Chapter IV of the Government’s Decree No. 105/2006 / ND-CP dated September 22, 2006 providing instructions on the implementation of a number of articles of the Law on Intellectual property and State management of intellectual property; Article 1 of the Government's Decree No. 119/2010 / ND-CP dated December 30, 2010 amending and supplementing a number of articles of Decree No. 105/2006 / ND-CP; Chapter IV of the Minister of Culture, Sports and Tourism’s Circular No. 15/2012 / TT-BVHTTDL dated December 13, 2012 providing guidance on assessment of copyright and relevant rights.

3. Judicial expertise of the other fields shall be performed based on the legislative documents defining the fields needing assessment.

4. The judicial expertise in the field of culture must be based on the legal document which takes effect at the time of the case.

Article 6. Conditions of assessment facilities, equipment and means of office of judicial expertise on relics, antiques, copyrights and relevant rights

1. Judicial expertise office of on relics, antiques, copyrights and relevant rights must meet the following conditions of expertise facilities, equipment and means:

a) Have head office under ownership or right to use;

b) Have office for judicial experts and staff; have cabinets or storage or separate areas for keeping expertise dossiers; have storage facilities of expertised objects;

c) Have material sources of antiques for reference, serving expertise operation (for judicial expertise office of relics and antiques) or source of information database on copyrights and relevant rights to perform expertise (for judicial expertise office of copyrights and relevant rights );

d) Have equipment and other means to meet the requirements of expertise operation.

2. Director of the Services of Culture, Sports and Tourism shall cooperate with Director of Services of Justice to advise the President of the People’s Committee in central-affiliated cities and provinces to decide to allow the establishment and grant certificate of registration of the judicial expertise office of relics, antiques, copyrights and relevant rights .

Article 7. Implementation

1. The Legal Department shall take charge, inspect the implementation of this Circular.

2. The heads of the agencies, units under Ministry, the Director of the Department of the Services of Culture, Sports and Tourism in central-affiliated cities and provinces shall be responsible for implementation of this Circular.

Article 8. Effect

1. This Circular takes effect from September 10, 2014.

2. Any problems arising in the course of implement should be reported to the Ministry of Culture, Sports and Tourism (through the Legal Department) for amendment and supplementation./.