Supplementing regulations on the application of professional standards to Vietnam judicial expertise activities according to Circular 01/2022/TT-BVHTTDL?
How to amend and supplement the application of professional standards to Vietnam judicial expertise activities?
Pursuant to the provisions of Article 5 of Circular 07/2014/TT-BVHTTDL as follows:
"Article 5. Application of professional standards to judicial expertise activities
1. Judicial assessment of antiquities is carried out in accordance with the provisions of Chapter III of the Circular No. 22/2011/TT-BVHTTDL dated December 30, 2011 of the Minister of Culture, Sports and Tourism, providing for regulations on the conditions for the establishment and operation of antiquities assessment establishments.
2. Judicial assessment of copyright and related rights shall comply with the provisions of Chapter VI of the Government's Decree No.105/2006/ND-CP of September 22, 2006 detailing and guiding guiding the implementation of a number of articles of the Intellectual Property Law and state management of intellectual property; Article 1 of Decree No.119/2010/ND-CP dated December 30, 2010 of the Government amending and supplementing a number of articles of Decree No.105/2006/ND-CP ; Chapter IV of Circular No. 15/2012/TT-BVHTTDL dated December 13, 2012 of the Minister of Culture, Sports and Tourism guiding the assessment of copyright and related rights.
3. Judicial expertise in other specialties shall be conducted on the basis of legal documents providing for expertise in expertise.
4. The judicial expertise in the field of culture must be based on legal documents in force at the time of the incident."
Regulations amending the application of professional standards of judicial expertise Vietnam in the field of culture according to Clause 2, Article 1 of Circular 01/2022/TT-BVHTTDL as follows:
"Article 5. Application of professional standards of judicial expertise in the field of culture
1. Regulations on judicial assessment of copyright and related rights comply with the provisions of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism. stipulating the process of judicial assessment of copyright and related rights and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism supplementing a number of articles. of the Circulars stipulating the process of judicial expertise in the field of culture.
2. Regulations on judicial assessment of relics and antiquities comply with the provisions of Circular No. 03/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism. Regulations on judicial assessment of relics and antiquities and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism supplementing a number of articles of The Circular stipulates the process of judicial expertise in the field of culture.
3. Regulations on judicial assessment of cultural products comply with the provisions of Circular No. 08/2019/TT-BVHTTDL dated September 3, 2019 of the Minister of Culture, Sports and Tourism. process of judicial assessment of cultural products and Circular No. 03/2021/TT-BVHTTDL dated June 1, 2021 of the Minister of Culture, Sports and Tourism supplementing a number of articles of the Circulars regulates the process of judicial expertise in the field of culture.
4. Judicial expertise in other specialties shall be carried out on the basis of legal documents on expertise in need of expertise.
5. The judicial expertise in the field of culture must be based on legal documents in force at the time of the incident.”
Thus, the application of professional standards of Vietnam judicial expertise in the field of culture according to the revised regulations as above.
Supplementing regulations on the application of professional standards to Vietnam judicial expertise activities according to Circular 01/2022/TT-BVHTTDL?
How to receive requests and solicitation for assessment?
Pursuant to the provisions of Article 4 of Circular 08/2019/TT-BVHTTDL stipulates as follows:
"Article 4. Receipt of requests and solicitation of expertise
1. Judicial expertisers of cultural products (hereinafter referred to as judicial expertisers), judicial expertise organizations of cultural products (hereinafter referred to as judicial expertise organizations) continue to receive solicitation or request for expertise together with the object of expertise and relevant documents and objects (if any) for the assessment; if the assessment conditions are not satisfied, they shall refuse according to the provisions of law.
2. The delivery and receipt of documents and subjects soliciting and requesting judicial expertise of cultural products comply with the provisions of Article 3 of Circular No. 07/2014/TT-BVHTTDL dated July 23, 2014 of the Minister of Culture, Sports and Tourism stipulating dossiers and forms of documents for judicial expertise; apply professional standards to judicial expertise activities in the field of culture; conditions of facilities, equipment and means of assessment of the Office of judicial expertise on relics, antiquities, copyright and related rights (hereinafter referred to as Circular No. 07/2014/TT- BVHTTDL)."
Thus, the receipt of requests, solicitation of Vietnam judicial expertise is specified above.
How to carry out judicial expertise?
Pursuant to Article 6 of Circular 08/2019/TT-BVHTTDL stipulating the implementation of Vietnam judicial expertise as follows:
"Article 6. Execution of expertise
1. Judicial experts examine expertised objects (cultural products) and related documents to make professional judgments about expertised objects on the basis of the following requirements:
a) Consider the overall content of cultural products;
b) Consider the characteristics of shape, size, color, decoration and other relevant features of cultural products.
2. For expertised objects that cannot be moved or are difficult to move, judicial expertisers must organize the examination of expertised objects at the place of custody of the requester or solicitor. The organization of the examination of the object of expertise at the place where the solicitor or request is kept must be recorded in writing and kept in the assessment file.
The minutes of examining the subject of expertise shall be made according to Form No. 02 in the Appendix issued together with this Circular.
3. Judicial experts are responsible for promptly, fully and truthfully recording the entire assessment process and assessment results in writing and keeping them in the expertise files.
The document recording the assessment process is made according to Form No. 02 promulgated together with Circular No. 07/2014/TT-BVHTTDL ."
Thus, the implementation of Vietnam judicial expertise is specified as above.
Circular 01/2022/TT-BVHTTDL takes effect from July 20, 2022.
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