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THE MINISTRY OF
CULTURE, SPORTS AND TOURISM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
03/2021/TT-BVHTTDL
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Hanoi, June 1,
2021
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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:
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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.
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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.
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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./.
MINISTER
Nguyen Van Hung