Thông tư 01/2022/TT-BVHTTDL của Bộ Văn hóa, Thể thao và Du lịch về việc sửa đổi, bổ sung một số điều của Thông tư số 07/2014/TT-BVHTTDL ngày 23 tháng 7 năm 2014

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 07/2014/TT-BVHTTDL DATED JULY 23, 2014 OF THE MINISTER OF CULTURE, SPORTS AND TOURISM OF VIETNAM ON DOSSIERS, WRITTEN FORMS OF JUDICIAL EXPERTISE; APPLICATION OF PROFESSIONAL REGULATIONS ON JUDICIAL EXPERTISE IN THE FIELD OF CULTURE; CONDITIONS OF EXPERTISE FACILITIES, EQUIPMENT AND MEANS OF OFFICE OF JUDICIAL EXPERTISE IN RELICS, ANTIQUES, COPYRIGHTS, AND RELEVANT RIGHTS

Pursuant to the Law on Judicial Expertise of Vietnam 2012 and the Law on Amendments to the Law on Judicial Expertise of Vietnam 2020; 

Pursuant to Decree No. 85/2013/ND-CP dated July 27, 2013 of the Government of Vietnam elaborating the Law on Judicial Expertise of Vietnam and its implementation measures and Decree No. 157/2020/ND-CP dated December 31, 2020 of the Government of Vietnam on Amendments to Decree No. 85/2013/ND-CP dated July 27, 2013 of the Government of Vietnam elaborating the Law on Judicial Expertise of Vietnam and its implementation measures;

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

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

The Minister of Culture, Sports and Tourism of Vietnam promulgates the Circular on Amendments to Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 of the Minister of Culture, Sports and Tourism of Vietnam on dossiers, written forms of judicial expertise; application of professional regulations on judicial expertise in the field of culture; conditions of expertise facilities, equipment and means of office of judicial expertise in relics, antiques, copyrights and relevant rights.

Article 1. Amendments to Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 of the Minister of Culture, Sports and Tourism of Vietnam on dossiers, written forms of judicial expertise; application of professional regulations on judicial expertise in the field of culture; conditions of expertise facilities, equipment and means of office of judicial expertise in relics, antiques, copyrights and relevant rights (hereinafter referred to as "Circular No. 07/2014/TT-BVHTTDL”)

...

...

...

“e) The written record of consideration of objects of expertise at storage facilities of the person soliciting or requesting expertise (Form No. 6)"

2. Amendments to Article 5: 

 “Article 5. Application of professional regulations on judicial expertise in the field of culture

1. Professional regulations on judicial expertise in copyrights and relevant rights shall comply with regulations of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism of Vietnam on judicial expertise in copyrights and relevant rights and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism of Vietnam supplementing a number of Articles of Circulars on the process of judicial expertise in the field of culture.

2. Professional regulations on judicial expertise in relics and antiques shall comply with Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism of Vietnam on the process of judicial expertise in relics and antiques and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism of Vietnam supplementing a number of Articles of Circulars on the process of judicial expertise in the field of culture.

3. Professional regulations on judicial expertise in cultural products shall comply with regulations of Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019 of the Minister of Culture, Sports and Tourism of Vietnam on the process of judicial expertise in cultural products and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism of Vietnam supplementing a number of Articles of Circulars on the process of judicial expertise in the field of culture.

4. Judicial expertise in other fields shall be performed based on the legal documents defining the fields needing assessment.

5. 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 2. Replacing the Form of Expertise Conclusion No. 4b

...

...

...

Article 3. Implementation

1. The Department of Legal Affairs of Vietnam shall take charge and cooperate with relevant agencies and units in guiding and organizing the inspection of the implementation of this Circular.

2. Departments of Culture, Sports and Tourism and Departments of Culture and Sports of provinces, centrally affiliated cities shall organize the implementation and urge relevant agencies, organizations, and individuals to implement this Circular.

Article 4. Entry into force

1. This Circular comes into force as of July 20, 2022.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Culture, Sports and Tourism of Vietnam (via the Department of Legal Affairs) for appropriate amendments./.

MINISTERNguyen Van Hung

...

...

...