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MINISTRY OF
CULTURE, SPORTS AND TOURISM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
22/2011/TT-BVHTTDL
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Ha Noi,
December 30, 2011
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CIRCULAR
REGULATION ON CONDITIONS OF ESTABLISHMENT AND OPERATION OF
THE ANTIQUE ASSESSMENT FACILITY
Pursuant to the Law on Cultural Heritage
dated June 29, 2001 and the Law Amending and Supplementing a Number of Articles
of the Law on Cultural Heritage dated June 18, 2009;
Pursuant to Decree No. 98/2010/ND-CP dated
September 21, 2010 of the Government detailing the implementation of a number
of articles of the Law on Cultural Heritage and the Law amending and
supplementing a number of articles of the Law on Cultural Heritage;
Pursuant to Decree No. 185/2007/ND-CP dated
December 25, 2007 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Culture, Sports and Tourism;
The Ministry of Culture, Sports and Tourism
specifies the conditions for the establishment and operation of the antique
assessment facility as follows:
Chapter I
GENERAL REGULATION
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This Circular stipulates the conditions for the
establishment and operation of the antique assessment facility in
Vietnam.
Article 2. Subject of
application
1. This Circular applies to organizations and
individuals related to the establishment and operation of the antique
assessment facility in Vietnam.
2. In case of antique assessment at the request
of the proceedings-conducting agencies,
the person conducting proceedings shall comply with the provisions of the law
on judicial expertise.
Article 3. Antique
assessment
1. Antique assessment is the use of knowledge,
means and scientific, technical and professional methods to assess and conclude
professionally on matters related to historic values, culture, science, age
and material of antique.
2. Antique assessment activities made by the
antique assessment facilities upon request of antique assessment of
organizations and individuals to serve the protection and promotion of antique
values and registration and other activities related to antique.
3. Principles of antique assessment
a) Complying with the law;
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c) Only professionally concluding issues related
to antique within the scope required.
d) Taking responsibility before law for the
assessment result
Article 4. Prohibited acts
1. Intentionally making untrue assessment
conclusions
2. Taking advantage of the performance of antique
assessment to get profit.
3. Performing antique assessment when there are
rights and obligations related to the assessed object.
Chapter II
CONDITION FOR
ESTABLISHMENT AND ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR ANTIQUE ASSESSMENT
ACTIVITY
Article 5. Condition for
establishment of antique assessment facility
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2. Having equipment and means needed to perform
the assessment
3. Having sources of material about antique for
reference and service of antique assessment activity.
4. Having 05(five) experts or more in the fields
of science and history, chemistry, physics, have full civil act capacity in
which there are at least 03 (three) experts meeting the following conditions:
a) Having university degree or higher with major
in museums, archeology, Han Nom and other majors related to antique assessment;
b) Having actual professional activities of 05
(five) years or more in the major studied.
Article 6. Establishment of
antique assessment
Organizations with legal personality meeting the
conditions specified in Article 5 of this Circular shall be permitted to
establish antique assessment facility in accordance with regulations of law.
Article 7. Competence to
issue Certificate of eligibility for antique assessment activity and
registration of antique assessment activity
1. Director of Service of Culture, Sports and
Tourism is authorized to issue certificate of eligibility for antique
assessment activity, re-issue or revoke the certificate of the antique
assessment facility registering the antique appraisal activity at the Service
of Culture, Sports and Tourism.
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Article 8. Procedures for
issuance of certificate of eligibility for antique assessment activity
1. The antique assessment facility shall submit
directly or send by post (01) set of dossier to register and request the
issuance of certificate of eligibility for antique assessment activity to the
Service of Culture, Sports and Tourismhost. Dossier includes:
a) Application for registration and request for
the issuance of certificate of eligibility for antique assessment activity
(under Form issued together with this Circular);
b) Copy of Decision on establishment or business
registration certificate with legal validity.
c) The curriculum vitae of the legal
representative of the antique assessment facility to request the issuance of
certificate of eligibility for antique assessment activity;
d) List together with the scientific resume of
the experts; copies (certified) of university or post-university degree,
certificate of actual time of professional activities of the experts (issued by
the agencies and organizations where the person is or was working) specified in
clause 4, Article 5 of this Circular;
e) Copy (certified) of decision on recruitment
or non-term labor contract between the antique assessment facility and experts.
f) Copy of papers evidencing the headquarters
(certified), list of equipment and means to perform the assessment.
g) List of sources of material about antique
specified in clause 3, Article 5 of this Circular.
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3. Within 15 working days after receiving
complete and valid dossier, the Director of the Service of Culture, Sports and
Tourism, based on the conditions stipulated in Article 5 of this Circular shall
consider and make decision on issuing Certificate of eligibility for antique
assessment activity (Form No. 2 attached to this Circular). In case of refusal,
reply in writing stating the reasons.
Article 9. Re-issuance of
Certificate of eligibility for antique assessment activity
1. Certificate of eligibility for antique assessment
activity shall be re-issued in the following cases:
a) Certificate of eligibility for antique
assessment activity is lost, damaged (torn, soiled, faded) can not be used;
b) Certificate of eligibility for antique
assessment activity issued by Service of Culture, Sports and Tourism has error.
c) There is change of information specified in
Certificate of eligibility for antique assessment activity.
2. Procedures for re-issuance of Certificate of
eligibility for antique assessment activity:
a) The antique assessment facility shall submit
directly or send by post one (01) dossier for re-issuance of Certificate of
eligibility for antique assessment activity to the local Service of Culture,
Sports and Tourism. The dossier includes:
- Application for the re- issuance of
Certificate of eligibility for antique assessment activity (Form No. 3 attached
to this Circular);
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If the information specified in the Certificate
issued has been changed, the papers related to the change of information shall
be sent together with the dossier (the original or copy of papers related to
change of information applicable to provisions in clause 1, Article 8 of this
Circular).
b) The antique assessment facility shall make
payment of fees as prescribed by the Ministry of Finance at the time of
re-issuance of the certificate of eligibility for antique assessment activity.
In case of re-issuance of Certificate corrupted
and issued by the Service of Culture, Sports and Tourism, the Director of the
Service of Culture, Sports and Tourism shall issue the Certificate free of
charge at the request of the antique assessment facility.
c) Within 05 working days after receiving
complete and valid dossiers, the Director of the Department of Culture, Sports
and Tourism for consideration and decided to grant the Certificate of
eligibility for antique assessment activity. In case of refusal, answer in
writing stating the reasons.
Article 10. Revocation of
Certificate of eligibility for antique assessment activity
The Director of Service of Culture, Sports and
Tourism shall make decision on revocation of the Certificate of eligibility for
antique assessment activity in the following cases:
1. The antique assessment facility no longer
meets one of the conditions specified in Article 5 of this Circular.
2. The antique assessment facility has dissolved
or terminates the antique assessment activity.
3. The antique assessment facility has acts of
law violations in antique assessment activities and is revoked the Certificate
of eligibility for antique assessment activity by the competent state authority
as prescribed by the law on handling of administrative violations and criminal
law.
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ACTIVITIES OF ANTIQUE
ASSESSMENT FACILITY
Article 11. Request and
receiving of request for antique assessment
1. Organizations and individuals submit dossier
for the antique assessment to the antique assessment facility. The dossier
includes:
a) Written request for antique assessment (Form
No. 04 issued together with this Circular)
b) Photo of object: 01 overall photo and 01 with
the detailed specification (color, from 9cm x 12cm or more) and fully
annotated;
c) Document evidencing legal origin of the
object and other documents related to the object (if any)
2. The antique assessment facility shall receive
dossier to request assessment and prepare estimate of assessment cost, making
agreement and conclude Contract of antique assessment with the organizations or
individuals making request for assessment, except for case of refusal of
assessment as prescribed in clause 3 of this Article.
3. The antique assessment facility refuses to
make antique assessment in the following cases:
a) Failing to meet requirement of assessment
making;
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c) Documents related to the assessment object
provided by organizations or individuals are not sufficient or have no value
for assessment conclusion.
The refusal of assessment performance must be
notified in writing to the organizations or individuals requesting assessment.
4. The delivery and receiving object before and
after assessment must be made in writing (Form No. 05 issued together with this
Circular)
The antique assessment facility shall preserve
the assessment object and documents related to the assessment object.
Article 12. Cost of
assessment
1. Based on the object, content of request, the
nature and volume of the assessment work to be carried out, the antique
assessment facility shall prepare estimate of assessment and make agreement
with organizations and individuals requesting antique assessment.
2. Cost of assessment includes one part or the
whole of following costs:
a) Experiment cost;
b) Cost of machine and equipment for assessment;
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d) Cost of discussions, comment and evaluation
of object;
e) Cost of object preservation;
f) Cost of management and other necessary costs.
Article 13. Contract of
antique assessment
Contract of antique assessment with the
following contents:
1. Name and address of the organization or
individual requesting antique assessment; name, address and legal
representative of the antique assessment facility;
2. Content of assessment request;
3. Location, time for assessment;
4. Cost of assessment and method of payment;
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6. Acceptance and liquidation of contract;
7. Responsibility for damage compensation and
dispute resolution methods;
8. Other conditions as agreed (if any).
Article 14. Group of
experts for antique assessment
1. The antique assessment must be performed by
the Group of experts for antique assessment (hereafter referred to as Group of
experts)
2. The Group of experts shall be established by
the head of antique assessment facility including group leader and members. The
number of members is odd number and with 03 (three) members or more.
Depending on the content of assessment request,
the antique assessment facility may invite experts and scientists with
professional level or knowledge of antique of other agencies and organizations
as a member of the Group of experts.
The members of the board of antique assessment
set up by the Ministry of Culture, Sports and Tourism are not allowed to
participate as members of the Group of experts of the antique assessment
facility.
3. The Group of experts works on the principles
of democracy and publicly vote the assessment conclusions. The members of the
Group of experts shall collectively discuss on assessment issues, the opinions
of the members must be recorded in the minutes of the meetings of the experts.
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a) Complying with the principles of antique
assessment specified in Clause 3, Article 3 of this Circular;
b) Choosing appropriate and necessary methods to
conduct the assessment in accordance with the content assessment request as
agreed in the contract of antique assessment;
c) It is likely to use testing results or
professional conclusions for assessment done by organizations or individuals.
d) Members of the Group of experts shall take
personal responsibility for their assessment opinions and collective responsibility
for the general conclusions of the Group of experts; keep a secret of the
assessment result, information and documents if required by organizations or
individual requesting assessment.
5. The whole process of conducting assessment of
the Group of experts must be made in written assessment record and signed by
the Group leader and members of the Group of expert. The assessment record must
be recorded promptly, fully and honestly and kept in the antique assessment
dossier.
Article 15. Result of
antique assessment
1. Within 15 working days from the date of
assessment record, the head of the antique assessment facility shall consider
and decide to issue certificate of antique (Form No.6 issued together with this
Circular).
Certificate of antique must be made at least
into 02 copies, one copy is returned to the organization or individual
requesting assessment and one copy shall be kept in the antique assessment
dossier.
2. Where it is necessary to have more time to
carry out antique assessment, the antique assessment facility of antiques must
promptly notify in writing and get the agreement of the organization or
individual requesting assessment.
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1. The antique assessment facility must prepare
antique assessment dossier inclusing the following documents:
a) Documents specified in Clause 1, Article 11
of this Circular;
b) Contract of assessment;
c) Record of delivery, receipt of assessment
object;
d) Record of assessment;
e) Image copy of assessment (if any);
f) Previous assessment conclusion or result of
testing and assessment experiment conducted by others for the purpose of
assessment (if any);
g) Other documents related to the assessment (if
any);
h) Certificate of antique
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The antique assessment facility must take
responsibility for preservation and keeping assessment dossier in accordance
with the law on archives
Article 17. Additional
assessment
Organizations or individuals may request the
antique assessment facility to carry out additional assessment of other
contents related to objects outside of the signed contract. The additional
assessment must be mutually agreed upon by two parties and made in appendix of
the contract. The contract appendix shall be stored in the antique assessment
Dossier.
Chapter IV
IMPLEMENTATION
ORGANIZATION
Article 18. Regulation on
information and report.
1. The Department of Cultural Heritage shall
prepare list of antique assessment facility in operation, add or delete names
of the antique assessment facilities in the list of antique assessment facility
under decision on issuance, re-issuance and revocation Certificate of
eligibility for antique assessment activity and announce on the website of the
Ministry of Culture, Sports and Tourism and Department of Cultural Heritage.
2. The Service of Culture, Sports and Tourism
shall make semi-annual and annual report on the activities of the antique
assessment facilities registering to operate at locality to the Ministry of
Culture, Sports and Tourism, notify in writing the issuance, re-issuance and
revocation of the certificate of eligibility for antique assessment activity to
serve the preparation of the list of antique assessment facilities specified in
Clause 1 of this Article.
3. The antique assessment facilities shall make
semi-annual and annual statistic report on the antique assessment activity of
of their facilities and send it to the Service of Culture, Sports and Tourism,
where the facilities register their activities.
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1. The Department of Cultural Heritage is
responsible for monitoring, supervising and inspecting the implementation of
this Circular.
2. The Service of Culture, Sports and Tourism of
the centrally-affiliated provinces and cities shall implement this Circular;
irregularly and periodically inspect and supervise the maintenance of the
operating conditions of the local antique assessment facilities
Article 20. Effect
1. This Circular takes effect from February 15,
2012.
2. In the course of implementation, if any problems
arise, agencies, organizations and individuals should promptly report to the
Ministry of Culture, Sports and Tourism for consideration, supplementation and
modification. /.
MINISTER
Hoang Tuan Anh