Thông tư 22/2011/TT-BVHTTDL

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

Article 1. Scope of adjustment

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;

b) Being honest, accurate and objective

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

1. Having headquarters, storage and preservation of assessed object

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.

2. The antique assessment facility specified in Article 6 of this Circular only operates the antique assessment performance when registering antique assessment activity at the Service of Culture, Sports and Tourism where the facility is located and is issued certificate of eligibility for antique assessment activity.

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.

2. The antique assessment facility pays fees as prescribed by the Ministry of Finance at the time to request the issuance of Certificate of eligibility for antique assessment activity.

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);

- The original of Certificate of eligibility for antique assessment activity issued (for the case where the Certificate is damaged, corrupted or changed with information.)

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.

Chapter III

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;

b) Object to be assessed has illegal origin;

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;

c) Cost of study of dossier and documents;

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;

5. Rights and obligations of the parties;

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.

4. Responsibility of Group of experts:

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.

Article 16. Dossier of antique assessment

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

2. The antique assessment dossier must be kept at the antique assessment facility from the end date of assessment unless otherwise provided by law.

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.

Article 19. Responsibility for implementation

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. /.