This is the notable content mentioned in Circular 08/2019/TT-BVHTTDL which stipulates the judicial expertise procedure for cultural products.
After receiving the request, appointing the expert and completing the preparation step, the implementation of judicial expertise on cultural products is carried out according to the guidance in Article 6 of Circular 08/2019/TT-BVHTTDL as follows:
Illustrative image (source: internet)
Step 1: The judicial expert examines the subject of expertise (cultural product) and related documents to provide professional assessments regarding the subject based on the following requirements:
- Consider the overall content of the cultural product;- Examine the features regarding shape, size, color, decoration, and other relevant characteristics of the cultural product.
Step 2: The judicial expert must organize the examination of the subject in the location of the requester if the subject cannot be moved or is difficult to move. The organization of the examination at the location of the requester must be documented in a report and kept in the expertise dossier. The report on the examination of the subject is made according to Form No. 02 in the Appendix issued with Circular 08/2019/TT-BVHTTDL.
Step 3: The judicial expert is responsible for promptly, fully, and truthfully recording the entire examination process and results in writing, which will be kept in the expertise dossier. The document recording the process of expertise is made according to Form No. 02 issued with Circular 07/2014/TT-BVHTTDL.
After conducting the expertise, the judicial expert concludes on the subject based on the results of the judicial expertise, test results or other professional conclusions (if any), relevant legal regulations, or common cultural standards. The expertise conclusion is made according to Forms 04a and 04b issued with Circular 07/2014/TT-BVHTTDL.
Finally, when the judicial expertise on cultural products is completed, the judicial expert and the judicial expertise organization are responsible for handing over the Expertise Conclusion to the requester. The handover report of the Expertise Conclusion is made according to Form No. 05 issued with Circular 07/2014/TT-BVHTTDL.
See detailed regulations in Circular 08/2019/TT-BVHTTDL, effective from November 15, 2019.
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