Chương IV Luật di sản văn hóa 2001: Bảo vệ và phát huy giá trị di sản văn hoá vật thể

Chapter IV

PROTECTION AND PROMOTION OF VALUES OF TANGIBLE CULTURAL HERITAGES

Section 1. HISTORICAL-CULTURAL RELICS, FAMOUS LANDSCAPES AND BEAUTY SPOTS

Article 28.-

1. Historical-cultural relics must attain one of the following criteria:

a) Construction works and/or places associated with typical historical events in the process of national construction and defense;

b) Construction works and/or places associated with the life and activities of national heroes, heroines or celebrities;

c) Construction works and/or places associated with typical historical events in the revolutionary and resistance war periods;

d) Locations of typical archaeological values;

e) Architectural works in groups or single with typical architectural and/or artistic values for one or several historical periods.

2. Famous landscapes and beauty spots must attain one of the following criteria:

a) Natural sceneries or places where exists a combination of natural scenery and architectures with typical aesthetic value;

b) Natural zones with scientific value in geology, topography, geography, biological diversity, typical ecological system or natural zones, where exist material traces of development stages of the earth.

Article 29.- According to their respective historical, cultural and/or scientific values, historical-cultural relics, famous landscapes and beauty spots (hereinafter referred collectively to as relics) shall be classified into:

1. Provincial-level relics, which have typical value of localities;

2. National relics, which have typical value of the nation; and

3. Special national relics, which have extremely typical value of the nation.

Article 30.-

1. The competence to decide on ranking of relics is specified as follows:

a) The presidents of the provincial-level People’s Committees shall decide on the ranking of provincial-level relics;

b) The Minister of Culture and Information shall decide on the ranking of national relics;

c) The Prime Minister shall decide on the ranking of special national relics; and decide to propose the United Nations Educational, Scientific and Cultural Organization to consider and put Vietnam’s typical relics on the List of World Heritages.

2. In cases where there are enough grounds to determine that a relic, which has already been ranked, is unqualified or irreparably ruined, the person competent to decide on the ranking of such relic may issue a decision to disregard such relic’s ranking.

Article 31.- The procedures for ranking relics are prescribed as follows:

1. The presidents of the provincial-level People’s Committees shall compile dossiers on relics and submit them to the Minister of Culture and Information for decision on ranking of national relics;

2. The Minister of Culture and Information shall compile and submit dossiers on relics to the Prime Minister for decision on ranking of special national relics; compile and submit dossiers on Vietnam’s typical relics to the Prime Minister for decision on the proposal to the United Nations Educational, Scientific and Cultural Organization to consider and put them on the List of World Heritages.

Dossiers to be submitted to the Prime Minister must be appraised in writing by the National Council for Cultural Heritages.

Article 32.-

1. Relic protection zones include:

a) Protection zone I covers the relic and the area(s) determined as the relic’s original constituents, which must be protected in original state;

b) Protection zone II is the area surrounding the protection zone I of the relic, where works can be constructed in service of the promotion of the relic’s values, provided that they do not affect the architecture, natural scenery and ecological environment of the relic.

In cases where the protection zone II cannot be determined, the determination of the sole protection zone I shall be decided by the presidents of the provincial-level People’s Committees for the provincial-level relics, by the Minister of Culture and Information for the national relics, or by the Prime Minister for the special national relics.

2. The construction of works in the protection zone II as mentioned at Point b, Clause 1 of this Article for national relics and special national relics must be agreed upon in writing by the written consents of the Minister of Culture and Information, or by the presidents of the provincial-level People’s Committees for provincial-level relics.

3. Protection zones specified in Clause 1 of this Article shall be delineated on cadastral maps enclosed with records on protection zone marking-off and must be affirmed by competent State agencies in dossiers on relics.

Article 33.-

1. Organizations and individuals that are relic owners or assigned relics for management and use shall have to protect such relics. In cases where they detect that a relic is encroached upon, ruined or in danger of being ruined, they shall have to promptly take preventive measures and report such to their immediate superior agency, the local People’s Committee or the nearest competent State agency in charge of culture and information.

2. The local People’s Committees or the competent State agencies in charge of culture and information shall, upon receiving reports on relics being ruined or in danger of being ruined, have to promptly apply preventive and/or protective measures and immediately report such to their immediate superior agencies.

3. The Ministry of Culture and Information shall, upon receiving reports on relics being ruined or in danger of being ruined, have to promptly direct and guide the local competent State agencies and/or owners of such relics to immediately apply preventive and/or protective measures; and report to the Prime Minister, for special national relics.

Article 34.- The preservation, embellishment and restoration of relics shall be devised into projects to be submitted to the competent State agencies for approval, provided that the relics original elements are preserved to the utmost.

The Minister of Culture and Information shall promulgate a Regulation on preservation, embellishment and restoration of relics.

Article 35.- The competence to approve projects on preservation, embellishment and restoration of relics shall comply with this Law and law provisions on construction.

In the course of approving projects on preservation, embellishment and restoration of relics, the written appraisal opinions of the competent State agencies in charge of culture and information are required.

Article 36.-

1. If before being approved, projects on renovation or construction of works lying outside relics protection zones prescribed in Article 32 of this Law are deemed likely to adversely affect the natural scenery and ecological environment of such relics, there must be written appraisal opinions of the competent State agencies in charge of culture and information.

2. In cases where investors of projects on renovation or construction of works specified in Clause 1 of this Article make any request, the competent State agencies in charge of culture and information shall have to supply relevant documents and make specific proposals on protection of relics so that such investors can select appropriate solutions ensuring the protection and promotion of values of relics.

Article 37.-

1. Investors of projects on renovation or construction of works at places affecting relics shall have to coordinate with and create conditions for the competent State agencies in charge of culture and information to supervise the process of renovation or construction of such works.

2. In the process of renovation or construction of works, if they realize that there may be relics or vestiges, antiques, national precious objects, the project investors shall have to temporarily stop the construction and promptly notify the competent State agency in charge of culture and information thereof.

Upon receiving the notification, the competent State agency in charge of culture and information shall have to take timely handling measures to ensure the construction tempo. Where it deems necessary to stop the construction of works at such places to protect relics in original state, the competent State agency in charge of culture and information shall have to report such to the competent superior agency(ies) for decision.

3. In cases where it is necessary to organize archaeological exploration and/or excavation, the exploration and excavation funding shall be stipulated by the Government.

Article 38.- The archaeological exploration and/or excavation shall be conducted only after permits therefor are obtained from the Minister of Culture and Information.

In cases where an archaeological site is ruined or in danger of being ruined, the Minister of Culture and Information shall issue an urgent excavation permit.

Article 39.-

1. Organizations with the archaeological study function which wish to conduct archaeological exploration and/or excavation shall have to file dossiers of application for archaeological exploration and excavation permits to the Ministry of Culture and Information.

2. The Minister of Culture and Information shall have to issue archaeological exploration and/or excavation permits within 30 days after receiving the dossiers of application for archaeological exploration and excavation permits. In case of refusal to issue permits, the reasons therefor must be clearly explained in writing.

3. The Minister of Culture and Information shall promulgate a Regulation on archaeological exploration and excavation.

Article 40.-

1. Persons who assume the prime responsibility for archaeological exploration and/or excavation must satisfy the following conditions:

a/ Possessing the bachelor degree in archaeology or bachelor degree in other specialties relating to archaeology;

b/ Having been directly engaged in archaeological activities for at least 5 years;

c/ Being recommended in writing to the Ministry of Culture and Information by the organizations which apply for archaeological exploration and excavation permits.

In cases where it is necessary to change persons who assume the prime responsibility, the written approval by the Minister of Culture and Information is required.

2. The Vietnamese organizations with the archaeological study function may cooperate with foreign organizations and individuals in conducting archaeological exploration and/or excavation in Vietnam according to the provisions of law.

Section 2. VESTIGES, ANTIQUES AND NATIONAL PRECIOUS OBJECTS

Article 41.-

1. All vestiges, antiques and national precious objects gathered in the course of archaeological exploration and excavation, as well as those discovered and handed over by organizations and individuals must be temporarily deposited in preservative storage of museums of the provinces, where such vestiges, antiques and national precious objects are discovered. Provincial-level museums shall have to receive and manage them and make reports thereon to the Ministry of Culture and Information.

2. Basing himself on values and requirements of preserving vestiges, antiques or national precious objects prescribed in Clause 1 of this Article, the Minister of Culture and Information shall decide to hand over such vestiges, antiques or national precious objects to State museums with appropriate functions.

3. Organizations and individuals that discover and hand over vestiges, antiques and national precious objects shall have their discovery and preservation expenses refunded and be rewarded a sum of money according to the provisions of law.

Article 42.-

1. National precious objects shall be protected and preserved according to a special regime. The State shall earmark an adequate proportion of the State budget to purchase national precious objects.

2. National precious objects shall be registered with the competent State agencies in charge of culture and information. The State encourages organizations and individuals to register vestiges and antiques under their ownership with the competent State agencies in charge of culture and information. The registered vestiges, antiques and national precious objects shall be assessed free of charge by the State, which shall also give instructions on professional preservation and create conditions for the promotion of their values.

The Minister of Culture and Information shall specify the procedures for registering vestiges, antiques and national precious objects.

3. When owners of national precious objects are changed within the country, the former owners shall notify the competent State agencies in charge of culture and information where national precious objects are registered of the full names and addresses of the new owners of such national precious objects within 15 days after the date of owner change.

Article 43.-

Vestiges, antiques and national precious objects under the ownership of the entire population, political organizations or socio-political organizations must be managed in museums and must not be sold, purchased, donated nor presented as gifts. Vestiges and antiques under other ownership forms may be purchased, sold, exchanged, donated or bequeathed as inheritance at home and abroad according to the provisions of law. National precious objects under other ownership forms may only be purchased, sold, exchanged, donated and bequeathed as inheritance in the country under the provisions of law.

The bringing of vestiges and antiques abroad must be permitted by the competent State agencies in charge of culture and information.

2. The purchase and sale of vestiges, antiques and national precious objects shall be effected at agreed prices or in auctions. The State shall be given priority to purchase vestiges, antiques and national precious objects.

Article 44.- The bringing of vestiges, antiques, national precious objects abroad for display, exhibition, research or preservation must satisfy the following conditions:

1. Getting insured by recipients of vestiges, antiques and national precious objects;

2. Obtaining the Prime Minister’s decisions permitting the bringing of national precious objects abroad; or the Culture and Information Minister’s decisions permitting the bringing of vestiges and antiques abroad.

Article 45.- The competent State agencies shall have to report to the Ministry of Culture and Information on vestiges, antiques, national precious objects confiscated from the illegal search, purchase, sale, transportation, export and import, so that the Minister of Culture and Information shall decide on the hand-over of such vestiges, antiques and national precious objects to agencies with appropriate functions.

Article 46.- The duplication of vestiges, antiques and/or national precious objects must satisfy the following conditions:

1. For clear purposes;

2. Having the originals for comparison;

3. Putting specific marks on duplicates for distinguishing them from their originals;

4. Obtaining consents of owners of vestiges, antiques and national precious objects;

5. Obtaining permits from the competent State agencies in charge of culture and information.

Section 3. MUSEUMS

Article 47.- Museums are places where collections on natural and social history (hereinafter referred to as collections) are preserved and displayed in service of the people’s needs for research, education, visit and cultural enjoyment.

Vietnamese museums include:

1. National museums, which are places where collections with national typical values are preserved and displayed;

2. Specialized museums, which are places where collections with typical values in particular specialties are preserved and displayed;

3. Provincial-level museums, which are places where collections with typical values within localities are preserved and displayed;

4. Private museums, which are places where collections on one or several themes are preserved and displayed.

Article 48.- Museums have the following tasks and powers:

1. To collect, inventory, preserve and display collections;

2. To conduct scientific researches into cultural heritages;

3. To organize the promotion of cultural heritages values for the interest of the entire society;

4. To build up the contingent of professional personnel;

5. To manage the material foundations and technical facilities and equipment;

6. To undertake international cooperation according to the provisions of law;

7. To perform other tasks and exercise other powers according to the provisions of law.

Article 49.- Conditions for the establishment of a museum include:

1. Possessing collection(s) on one or several themes;

2. Having a display area, storage and preservation means;

3. Having personnel mastering professional knowledge and techniques for museological activities.

Article 50.-

1. The competence to decide on the establishment of museums is defined as follows:

a/ The Prime Minister shall decide on the establishment of national museums and specialized museums;

b/ The presidents of the provincial-level People’s Committees shall decide on the establishment of provincial-level museums and private museums.

2. The procedures for establishing museums are prescribed as follows:

a/ Organizations and individuals wishing to establish museums shall have to send dossiers of establishment request to the competent persons specified in Clause 1 of this Article. A dossier of museum establishment request includes a written establishment request and the competent State agency�s certification of the conditions prescribed in Article 49 of this Law;

b/ Within 30 days after receiving the dossiers, persons competent to decide on the establishment of museums shall have to consider and make decisions. In case of refusal, the reasons therefor must be clearly stated in writing.

Article 51.-

1. The ranking of museums shall be based on the following criteria:

a/ The quality and value of collections;

b/ The quality of the preservation and display of collections;

c/ Their material foundations and technical facilities and equipment;

d/ The standardization level of the professional personnel contingent.

2. Basing itself on the extent of satisfaction of the conditions prescribed in Clause 1 of this Article, the Government shall specify the museum ranking.

Article 52.- Cultural heritages available in tradition houses and memorial houses shall be protected and have their values promoted under the provisions of this Law.

Article 53.- The State encourages owners to organize the wide display and/or introduction of their collections, vestiges, antiques, national precious objects.

When necessary, the competent State agencies in charge of culture and information may reach agreements with owners on the use of their vestiges, antiques and national precious objects to serve the study work or display at the State museums.

The conditions for, content and duration of the use of vestiges, antiques and national precious objects shall be agreed upon in writing by the competent State agencies and their owners.

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