Chương V Luật di sản văn hóa 2001: Quản lý nhà nước về di sản văn hoá

Chapter V

THE STATE MANAGEMENT OVER CULTURAL HERITAGES

Section 1. THE CONTENT OF THE STATE MANAGEMENT OVER CULTURAL HERITAGE AND THE STATE MANAGEMENT AGENCIES IN CHARGE OF CULTURAL HERITAGES

Article 54.- The content of the State management over cultural heritages includes:

1. Elaborating strategies, planning, plans and policies for development of the cause of protection and promotion of the cultural heritage values, and directing the implementation thereof;

2. Promulgating and organizing the implementation of legal documents on cultural heritages;

3. Organizing and directing activities of protecting and promoting the cultural heritage values; propagating, popularizing and educating the legislation on cultural heritages;

4. Organizing and managing scientific research activities; training and fostering the contingent of professional personnel specialized in cultural heritages;

5. Mobilizing, managing and using resources to protect and promote the cultural heritage values;

6. Organizing and directing the commendation and giving of rewards for merits in the protection and promotion of the cultural heritage values;

7. Organizing and managing the international cooperation in the protection and promotion of the cultural heritage values;

8. Inspecting and examining the law observation, settlement of complaints and denunciations and handling of violations of the cultural heritage legislation.

Article 55.-

1. The Government exercises the unified State management over cultural heritages.

2. The Ministry of Culture and Information is answerable to the Government for exercising the State management over cultural heritage.

3. The ministries, ministerial-level agencies, agencies attached to the Government shall have to exercise the State management over cultural heritages according to the responsibility assignment by the Government.

The Government shall specify the responsibilities of the ministries, ministerial-level agencies and agencies attached to the Government for coordinating with the Ministry of Culture and Information to exercise the unified State management over cultural heritage.

4. The People’s Committees of all levels shall, within the ambit of their tasks and powers, exercise the State management over cultural heritages in their respective localities according to the responsibility assignment by the Government.

Article 56.- The National Council for Cultural Heritages is the Prime Minister’s advisory council for cultural heritages.

The Prime Minister shall specify the organization and operation of the National Council for Cultural Heritages.

Section 2. RESOURCES FOR ACTIVITIES OF PROTECTING AND PROMOTING VALUES OF CULTURAL HERITAGES

Article 57.- The State encourages and creates favorable conditions for associations of literature and arts, science and technology to take part in activities of protecting and promoting the values of cultural heritages.

The State encourages the socialization of activities of protecting and promoting the values of cultural heritages.

Article 58.- The financial sources for the protection and promotion of the values of cultural heritages include:

1. The State budget;

2. Revenues from activities of using and promoting the values of cultural heritages;

3. Financial assistance and contributions from domestic and foreign organizations and individuals.

Article 59.- The State prioritizes the State budget’s investment in activities of protecting and promoting the values of special national relics, national museums, national precious objects, historical revolutionary relics and intangible cultural heritages with typical values.

Article 60.- Organizations and individuals that own or manage relics, collections and/or museums as assigned shall be allowed to collect visiting fee and charge for use of such relics, collections and museums according to the provisions of law.

Article 61.-

1. The State encourages organizations and individuals to contribute or provide financial supports for the protection and promotion of the values of cultural heritages.

2. The contributions and financial supports for activities of protecting and promoting values of cultural heritage, shall be considered and acknowledged in appropriate forms.

Article 62.- Financial source reserved for the protection and promotion of the values of cultural heritages must be managed and used for the right purposes and with efficiency.

Section 3. INTERNATIONAL COOPERATION ON CULTURAL HERITAGES

Article 63.- The State adopts policies and measures for boosting cooperative relationship with foreign countries, organizations and individuals in the protection and promotion of the values of cultural heritage on the basis of respect for each other’s independence, national sovereignty, equality and mutual benefit, in compliance with the provisions of Vietnamese laws and international treaties which the Socialist Republic of Vietnam has signed or acceded to, thus contributing to promoting the values of the world cultural heritage and enhancing relations of friendship cooperation and mutual understanding among nations.

Article 64.- The State encourages overseas Vietnamese and foreign organizations and individuals to take part in activities of protecting and promoting the values of the Vietnamese cultural heritages according to the provisions of law.

Article 65.- Contents of international cooperation or cultural heritage

1. Elaboration and implementation of programs and projects for international cooperation on the protection and promotion of the values of cultural heritages;

2. Joining in international organizations and acceding to treaties on the protection and promotion of the values of cultural heritages;

3. Scientific research, application of scientific advances and transfer of modern technologies in the domain of preservation and embellishment of relics, construction of museums and archaeological excavation;

4. Exchange of exhibitions of cultural heritages;

5. Cooperation in the protection of Vietnamese heritages in foreign countries;

6. Training and fostering of personnel, exchange of information and experience in the protection and promotion of the values of cultural heritages.

Section 4. INSPECTION AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS CONCERNING CULTURAL HERITAGE

Article 66.- The State culture and information inspectorate, which exercises the function of specialized inspection of cultural heritage, has the following tasks:

1. To inspect the observance of the legislation on cultural heritages;

2. To inspect the implementation of planning and plans on the protection and promotion of the values of cultural heritages;

3. To detect, prevent and handle according to its competence acts of violating the legislation on cultural heritages;

4. To receive and propose the settlement of complaints and denunciations concerning cultural heritage;

5. To propose measures to ensure the enforcement of the legislation on cultural heritages.

Article 67.- Inspected subjects have the following rights and obligations:

1. To request the inspection delegations to produce inspection decisions, inspectors to produce their inspector’s cards and strictly comply with the legislation on inspection;

2. To lodge complaints and denunciations or initiate lawsuits to the competent State agencies about inspection decisions, acts of inspectors or inspection conclusions when they have grounds to believe that such decisions, acts or conclusions are at variance with law;

3. To claim compensations for damage caused by handling measures applied by inspection teams or inspectors not according to law;

4. To satisfy the requests of inspection delegations and inspectors, to create conditions for inspectors to perform their tasks; to abide by handling decisions of inspection delegations and inspectors according to provisions of law.

Article 68.-

1. Organizations and individuals have the right to lodge complaints or initiate lawsuits about administrative decisions or administrative acts of agencies, organizations and/or individuals competent to enforce the legislation on cultural heritages.

2. Individuals have the right to denounce acts of violating the legislation on cultural heritage to competent agencies, organizations and/or individuals.

3. The competence and procedures for settling complaints and denunciations and handling of lawsuits shall comply with the provisions of law.

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