Hanoi-Vietnam: Procedures for judicial expertise of relics and antiques from September 01, 2019

22:18, 09/07/2024

This is a notable provision in Circular 03/2019/TT-BVHTTDL issued by the Vietnam Minister of Culture, Sports and Tourism on the procedures for judicial expertise of relics and antiques.

Currently, judicial expertise aims to determine whether an artifact is a relic or antique according to the request of the procedural agency, procedural person, or at the request of the person requesting judicial expertise.

Judicial Expertise on Relics and Antiques, Circular 03/2019/TT-BVHTTDL

Illustrative image (source: internet)

The procedures for judicial expertise of relics and antiques are regulated in Circular 03/2019/TT-BVHTTDL, effective from September 1, 2019, including the following 06 steps:

	Contents
Step 1: Receive a judicial expertise request	- The judicial expert (JE) and the organization conducting judicial expertise receive the solicitation, and expertise request, along with the artifact of expertise and related documents, and items to conduct the expertise. If there are insufficient conditions for expertise, they will refuse by the law. - Handover and receipt of dossiers, relics, and antiques subject to judicial expertise shall be conducted by Article 3 of Circular 07/2014/TT-BVHTTDL
Step 2: Prepare for the expertise	- The JE and organization conducting judicial expertise research the solicitation dossier, request, and specific legal regulations related to cultural heritage to prepare for the expertise. If further clarification is needed on the solicitation content, expertise request, or artifact, the requester is asked to provide more related information and documents. - If necessary, the JE conducts tests or other specialized conclusions before making an evaluation. - The organization conducting judicial expertise decides to conduct expertise on relics, and antiques in the collective expertise form according to Form 01 in the Appendix issued with this Circular. The number of judicial experts must be three or more. - The organization conducting judicial expertise appropriately selects judicial expertise examiners, and case-specific judicial examiners, and assigns the responsibility for coordinating the expertise.
Step 3: Conduct the expertise	- The JE examines the artifact to determine the period (absolute or relative) and its historical, cultural, and scientific values. - For artifacts that cannot be moved or are difficult to move, the judicial expert organizes the examination at the storage place of the requester. The organization of examining the artifact at the storage place must be documented according to Form 02 in the Appendix issued with this Circular and included in the expertise dossier. - The JE promptly, completely, and truthfully records the entire expertise process and results in writing according to Form 02 issued with Circular 07/2014/TT-BVHTTDL, and includes it in the expertise dossier.
Step 4: Conclude the expertise	- Based on the judicial expertise results, test outcomes, or other specialized conclusions (if any) and legal provisions on cultural heritage, the judicial expert concludes whether the artifact is a relic, antique, or not. If there are sufficient grounds, the JE may additionally conclude on the historical, cultural, and scientific value of the relics or antiques. (The handover minutes for the expertise conclusion are conducted according to Form 05 issued with Circular 07/2014/TT-BVHTTDL)
Step 5: Handover the expertise conclusion	- Upon completion of the expertise on relics and antiques, the judicial expert, or organization conducting judicial expertise must hand over the expertise conclusion to the requester. (The handover minutes for the expertise conclusion are conducted according to Form 05 issued with Circular 07/2014/TT-BVHTTDL))
Step 6: Prepare and archive the expertise dossier	- The judicial expert, organization conducting judicial expertise is responsible for preparing the judicial expertise dossier on relics and antiques according to Clause 1, Article 33 of the Law on Judicial Expertise and the regulations in this Circular.

See the full text of the regulation at Circular 03/2019/TT-BVHTTDL, effective from September 1, 2019

Thu Ba

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