Circular 03/2021/TT-BVHTTDL supplementing the Circular regulating the process of judicial expertise in the field of culture issued by the Ministry of Culture, Sports and Tourism

CIRCULAR

ON SUPPLEMENTATION TO CIRCULARS ON PROCESS OF JUDICIAL EXPERTISE IN CULTURE SECTOR

Pursuant to the Law on Judicial Expertise 2012 and the Law on amendments to Law on Judicial Expertise 2020;

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

At the request of Director of Legal Department;

The Minister of Culture, Sports and Tourism promulgates a Circular on supplementation to circulars on process of judicial expertise in culture sector.

Article 1. Supplementation to Circulars on process of judicial expertise in culture sector

1. Article 6a shall be supplemented to Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on process of judicial expertise on copyright and related rights as follows:

 “Article 6a. Time limit for judicial expertise

1. The maximum time limit for judicial expertise is 3 months from the date as prescribed in clause 1 Article 26a of the Law on Judicial Expertise, supplemented by clause 16 Article 1 of the Law on amendments to the Law on Judicial Expertise.

2. The time limit for judicial expertise may be extended under a decision of the authority soliciting the judicial expertise, but not more than half of the maximum time limit for judicial expertise as prescribed in clause 1 hereof.

3. The person who solicits judicial expertise may negotiate on the time limit with the individual or organization solicited for judicial expertise prior to the solicitation of judicial expertise, but must not exceed the time limit specified in Clauses 1 and 2 of this Article.

4. In case problems arise or there are grounds for believing that a case of matter of judicial expertise cannot be completed on time, the individual or organization carrying out the judicial expertise must promptly send a notification, clearly stating the reasons for such failure to meet the deadline, to the solicitor for judicial expertise, and clarifying the expected time of completion or conclusion of the judicial expertise.”

2. Article 6a shall be supplemented to Article 6 of Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on process of judicial expertise on relics, antiques as follows:

 “Article 6a. Time limit for judicial expertise

1. The time limit for judicial expertise for cases in which the solicitation of judicial expertise is mandatory shall comply with Article 206 of the Criminal Procedure Code.

2. The time limit for judicial expertise for the case not specified in clause 1 hereof is 2 months from the date as prescribed in clause 1 Article 26a of the Law on Judicial Expertise, supplemented by clause 16 Article 1 of the Law on amendments to the Law on Judicial Expertise.

3. The time limit for judicial expertise may be extended under a decision of the authority soliciting the judicial expertise, but not more than half of the maximum time limit for judicial expertise as prescribed in clause 2 hereof.

4. The person who solicits judicial expertise may negotiate on the time limit with the individual or organization solicited for judicial expertise prior to the solicitation of judicial expertise, but must not exceed the time limit specified in Clauses 2 and 3 of this Article.

5. In case problems arise or there are grounds for believing that a case of matter of judicial expertise cannot be completed on time, the individual or organization carrying out the judicial expertise must promptly send a notification, clearly stating the reasons for such failure to meet the deadline, to the solicitor for judicial expertise, and clarifying the expected time of completion or conclusion of the judicial expertise.”

3. Article 6a shall be supplemented to Article 6 of Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019 of the Minister of Culture, Sports and Tourism on process of judicial expertise on cultural products as follows:

 “Article 6a. Time limit for judicial expertise

1. The maximum time limit for judicial expertise is 2 months from the date as prescribed in clause 1 Article 26a of the Law on Judicial Expertise, supplemented by clause 16 Article 1 of the Law on amendments to the Law on Judicial Expertise.

2. The time limit for judicial expertise may be extended under a decision of the authority soliciting the judicial expertise, but not more than half of the maximum time limit for judicial expertise as prescribed in clause 1 hereof.

3. The person who solicits judicial expertise may negotiate on the time limit with the individual or organization solicited for judicial expertise prior to the solicitation of judicial expertise, but must not exceed the time limit specified in Clauses 1 and 2 of this Article.

4. In case problems arise or there are grounds for believing that a case of matter of judicial expertise cannot be completed on time, the individual or organization carrying out the judicial expertise must promptly send a notification, clearly stating the reasons for such failure to meet the deadline, to the solicitor for judicial expertise, and clarifying the expected time of completion or conclusion of the judicial expertise.”

Article 2. Implementation

1. The Legal Department shall take charge and cooperate with relevant agencies to provide guidelines and inspect the implementation of this Circular.

2. The Departments of Culture, Sports and Tourism of provinces or central-affiliated cities shall initiate and expedite the implementation of this Circular.

Article 3. Entry in force

1. This Circular comes into force as of August 1, 2021.

2. Difficulties that arise during the implementation of this Circular should be reported to the Legal Department affiliated to the Ministry of Culture, Sports and Tourism for consideration./.

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