Chương V: Bảo tàng

THE NATIONAL ASSEMBLY OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
Law No. 45/2024/QH15	Hanoi, November 23, 2024

 

LAW

CULTURAL HERITAGE

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Cultural Heritage.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Law provides for cultural heritage, management, protection and promotion of value of cultural heritage; rights, obligations and responsibilities of agencies, organizations, community and natural persons to manage, protect and promote value of cultural heritage of the Socialist Republic of Vietnam.

2. Cultural heritage specified in this Law includes intangible cultural heritage and tangible cultural heritage which are handed down from generation to generation of the Socialist Republic of Vietnam.

Article 2. Regulated entities

This Law applies to Vietnamese agencies, organizations, community in and persons residing in Vietnam; foreign agencies, organizations, community and persons operating and residing in Vietnam; Vietnamese persons residing in foreign countries and involved in management, protection and promotion of value of cultural heritage.

Article 3. Term interpretation

For the purpose of this Law, these terms below shall be construed as follows:

1. ” Intangible cultural heritage” refers to knowledge, skill, practice, cultural expression in association with a relevant object, artifact, space practiced and handed down by a community, group of people, natural person from generation to generation and establishing their cultural identity. The intangible cultural heritage is constantly recreated, protected and handed down and has the historical, cultural or scientific value.

2. ”Tangible cultural heritage” refers to a material product which has one, some or all of the historical, cultural, scientific and artistic values. The tangible cultural heritage includes historical-cultural monuments, scenic spots, relics, antiquities and national treasures.

3. ”Historical-cultural monument” refers to an architectural or artistic work, a cluster of construction works, sites, archaeological sites or structures of archaeological nature; a relic, antiquity or national treasure of the work or the cluster of works, sites, archaeological sites or structures that has the historical, cultural or scientific value.

4. ”Scenic spot” refers to a natural landscape or natural landscape or place combined with an architectural work that has the historical, cultural or scientific value.

5. “Documentary heritage” refers to original information intentionally created by a group of people or a natural person, directly expressed in symbols, codes, writing, drawings, sounds, static and movable images, digital and other formats attached on a carrier. The documentary heritage is accessible to, has the historical, cultural, scientific or artistic value for at least a community, is inherited and handed down.

6. ”Relic” refers to an artifact that survives from the past and has historical, cultural and/or scientific value.

7. ”Antiquity” refers to a relic that has typical value in terms of history, culture and/or science and is at least one hundred years old.

8. ”National treasure” refers to a relic or antiquity that has extremely precious, rare and typical value in terms of history, culture and/or science.

9. ”Collection” refers to a group of relics, antiquities and national treasures or documentary heritage which are gathered, preserved and arranged systematically according to common signs in terms of presentation, content and material to meet the demand for inquiry into natural and social history.

10. “Museum” refers to a cultural institution performing tasks of research, inventory, documentation, collection, preservation, display, education and communication of cultural heritage to meet public demands for study, sightseeing and experience in terms of history, culture and science and sustainable development.

11. Inventory of cultural heritage” refers to identification, valuation, assessment of status, risk of damage, establishment of legal bases and making of a list of, scientific dossier on cultural heritage.

12. ”Inscription" refers to an act of inscribing intangible cultural heritage and documentary heritage that meet the criteria in the National List of Intangible Cultural Heritage, the National List of Documentary Heritage or lists made by the United Nations Educational, Scientific and Cultural Organization (UNESCO), and includes the inscription of intangible cultural heritage and the inscription of documentary heritage.

13. ”Preservation” refers to a combination of activities and measures for preventing and reducing risk of damage and destruction without change in original elements constituting historical - cultural monuments, scenic spots, relics, antiquities, national treasures, and documentary heritage. The preservation includes preservation of historical - cultural monuments, scenic spots, relics, antiquities, national treasures, and documentary heritage.

14. ”Subject of intangible cultural heritage” refers to a community, group of people or natural person creating, inheriting, owning, possessing, practicing, handing down and re-creating intangible cultural heritage.

15. ”Intangible cultural heritage artisan” refers to a person who practices, possesses and hands down high-level skills, techniques, know-how and has a deep understanding of intangible cultural heritage.

16. ”Practitioner” refers to a member of the community of intangible cultural heritage subjects, actively participating in practicing, handing down and re-creating cultural heritage, thereby contributing to complete practice of cultural heritage, establishing cultural identity and serving benefits of the community of subjects.

17. “Relevant cultural space” refers to a place where the community of subjects creates, displays, maintains and hands down intangible cultural heritage.

18. ”Cultural landscape of monument” refers to natural landscape, ecological environment and natural physical landscape space containing historical, cultural, scientific and/or aesthetic value, ​​along with relevant tangible and intangible cultural space that are important to creation of the value of the historical - cultural monument or scenic spot.

19. ”Original element that constitutes monument” refers to an element which sets historical, cultural, scientific and/or aesthetic value specific to a historical-cultural monument or scenic spot.

20. ”Restoration of monument” refers to an act of reconstructing a historical-cultural monument or scenic spot that was destroyed on the basis of scientific data about the historical-cultural monument or scenic spot.

21. ”Renovation of monument” refers to an act aimed at repairing, reinforcing and/or embellishing a historical-cultural monument or scenic spot without affecting original elements that constitute the historical-cultural monument or scenic spot.

22. ”Embellishment of monument” refers to an act aimed at increasing capacity for use, access to and promotion of value without affecting original elements that constitute the monument, cultural landscape of the historical - cultural monument or scenic spot.

23. ”Urgent renovation of monument” refers to an act of temporarily repairing, fortifying or reinforcing a monument to prevent it from collapse or destruction without dismantling the entire structural components of the historical-cultural monument or scenic spot.

24. ”Social-economic work” refer to a work carried out according to a national, regional or local strategy, planning or plan for social-economic development.

25. "Work” directly serving protection and promotion of value of monument refers to an auxiliary work or infrastructure constructed to embellish cultural landscape of the historical - cultural monument, scenic spot, museum, gallery related to the value of the historical - cultural monument, scenic spot, ensure safety and security of the historical - cultural monument, scenic spot and serve cultural activities conducted at the historical - cultural monument, scenic spot. The work shall be constructed in a manner that is consistent with the nature and type of the historical - cultural monument, scenic spot.

26. ”Archaeological exploration or excavation” refers to a scientific activity aimed at discovering, gathering and researching relics, antiquities, national treasures and archaeological sites.

27. ”Conservation of cultural heritage” refers to an act aimed at protecting and maintaining long-term and stable existence of the cultural heritage in its inherent form.

Article 4. Ownership of cultural heritage

1. Vietnamese cultural heritage is a precious property of ethnic groups in Vietnam and a part of the cultural heritage of mankind, and plays a great role in national construction and defense of Vietnamese people. The State acts as a representative owner of and uniformly manages the publicly-owned cultural heritage; recognizes and protects the cultural heritage under the private or common ownership according to regulations of the Ordinance, this Law and relevant laws.

2. The cultural heritage of which public ownership is established includes:

a) Historical - cultural monuments, scenic spots, documentary heritage and artifacts belonging to monuments; artifacts, relics, antiquities, national treasures and documentary heritage of state agencies, political organizations, socio-political organizations, public service providers and those not regulated by clause 3 and clause 4 of this Article;

b) Artifacts and documentary heritage of public museums;

c) Cultural heritage under the ground, in the water within the mainland, islands, internal waters and sea areas of Vietnam;

d) Underwater cultural heritage of Vietnamese origin which is located outside internal waters and sea areas of Vietnam and has its public ownership established regulations of this Law, other relevant laws and international treaties to which the Socialist Republic of Vietnam is a signatory;

dd) Cultural heritage collected by agencies, organizations and public service provides, using the methods specified in clause 1 Article 42 and clause 2 Article 58 of this Law;

e) Relics, antiquities and national treasures that are collected, stored, preserved and have their value promoted by public museums;

g) Unclaimed property and property without identifiable owners that have their public ownership established according to regulations of the Civil Code in case when such property is identified as cultural heritage;

h) Property that is cultural heritage and has its ownership voluntarily transferred by its owner to the State; property without heirs and property that is cultural heritage belonging to the State as prescribed by the Civil Code and the law on Management and Use of Public Property;

i) Intangible cultural heritage without identifiable authors and owners, or created, practiced, handed down, possessed, inherited and having its ownership transferred to the State by a community, group of people or natural person;

k) Other cases prescribed by law.

3. The cultural heritage of which private ownership is established includes:

a) Relic, antiquity, national treasure or documentary heritage collected and stored by 01 natural person or 01 juridical person;

b) Relic or antiquity having 01 continuous, transparent and bona fide possessor that is a natural person or a juridical person according to the Civil Code;

c) Historical - cultural monument, artifact or documentary heritage belonging to a monument or documentary heritage created, constructed, managed, protected and having its value promoted by 01 natural person or 01 juridical person;

d) Know-how or skills in practice of tangible cultural heritage created, inherited, possessed, practiced and handed down by 01 natural person;

dd) Other cases prescribed by law.

4. The cultural heritage of which common ownership is established includes:

a) Relic, antiquity, national treasure or documentary heritage collected and stored by an organization that is not a juridical person, family, clan or community, except for the case specified in point e clause 2 of this Article;

b) Relic or antiquity having 01 continuous, transparent and bona fide possessor that is not a juridical person, family, clan or community according to the Civil Code;

c) Historical - cultural monument, artifact or documentary heritage belonging to a monument or documentary heritage created, constructed, managed, protected and having its value promoted by an organization that is not a juridical person, family, clan or community;

d) Tangible cultural heritage, know-how or skills in practice of tangible cultural heritage created, inherited, possessed, practiced and handed down by a community or group of people;

dd) Other cases prescribed by law.

5. The establishment of ownership of cultural heritage, settlement of disputes and handling of violations shall comply with regulations of this Law and relevant laws.

Article 5. Rights and obligations to, and responsibilities for cultural heritage

1. An agency, organization, unit, community, family, clan, juridical person or natural person has the following rights to cultural heritage:

a) Lawfully own the cultural heritage; have their intellectual property rights accepted and protected;

b) Visit, research, collect and document the cultural heritage;

c) Access, utilize and promote the value of the cultural heritage;

d) Be commended and rewarded by the State according to regulations of the law;

dd) Trade, purchase, sell, exchange, give, bequeath, practice and teach the cultural heritage and other rights as prescribed by this Law and relevant laws.

2. An agency, organization, unit, community, family, clan, juridical person or natural person has the following obligations to and responsibilities for cultural heritage:

a) Comply with the law on cultural heritage.

b) Respect, protect and promote the value of the cultural heritage;

c) Prevent or request a competent authority to prevent and promptly handle the prohibited acts specified in Article 9 of this Law and other violations against laws;

d) Promptly notify sites where relics, antiquities, national treasures, documentary heritage, historical - cultural monuments and scenic spots are detected; give relics, antiquities, national treasures and documentary heritage collected to the nearest competent authority;

dd) Other obligations and responsibilities prescribed by law.

3. An owner of cultural heritage has the following rights:

a) Enjoy benefits from protection and promotion of value of the cultural heritage according to regulations of law;

b) Receive assistance and cooperation from a cultural authority in identifying and determining the value and following procedures for inclusion in an inventory list; have their information secrets kept if requested;

c) Receive assistance and cooperation from a cultural authority in storing, preserving, documenting and facilitating protection and promotion of value of the cultural heritage as agreed;

d) Receive assistance in and guidance on protection and promotion of value of the cultural heritage from a competent authority;

dd) Transfer documents on intangible cultural heritage, relics, antiquities, national treasures and documentary heritage to a public museum or state authority or organization affiliated to a competent authority that has appropriate functions in case the owner is ineligible for and incapable of protection and promotion of the value.

e) Other rights prescribed by law.

4. An owner of cultural heritage has the following responsibilities:

a) Facilitate sightseeing, access to and research on the cultural heritage according to regulations of law;

b) Implement measures for protection and promotion of the value of the cultural heritage; promptly notify a competent authority in case the cultural heritage is in danger of having its value falsified, being destroyed or lost;

c) Other responsibilities as prescribed by law.

5. An agency, organization, unit, community, family, clan, juridical person or natural person managing the cultural heritage has the following rights:

a) Receive the State’s subsidies for costs incurred from protection and promotion of value of the cultural heritage;

b) Manage, access, utilize and promote the value of the cultural heritage without affecting original elements constituting the monument and the integrity of inherent values ​​of the cultural heritage;

c) Other rights prescribed by law.

6. An agency, organization, unit, community, family, clan, juridical person or natural person managing the cultural heritage has the following responsibilities:

a) Facilitate sightseeing, access to and research on cultural heritage according to regulations of law;

b) Protect and preserve the cultural heritage;

c) Implement measures for promptly preventing and stopping acts of infringing upon cultural heritage;

d) Promptly notify the owner or the local competent authority when the cultural heritage is likely to have its value falsified, or be destroyed or lost;

dd) Other responsibilities as prescribed by law.

Article 6. Principles of management, protection and promotion of value of cultural heritage

1. All cultural heritage of Vietnamese or foreign origin, located within Vietnamese territory and owned in different forms shall be managed and protected, and have its value promoted according to regulations of this Law and relevant laws.

2. All agencies, organizations, community and natural persons shall have rights, obligations to and responsibilities for management, protection and promotion of value of the cultural heritage.

3. Vietnamese cultural heritage located in foreign countries shall be protected according to international laws and regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;

4. Protecting national and public interests in harmony with legitimate rights and interests of organizations, community and natural persons; respecting cultural diversity, dialogues among communities and ethnic, regional and local characteristics.

5. Prioritizing protection and promotion of value of cultural heritage ​​at risk of being abandoned or forgotten, historical-cultural monuments, scenic spots, cultural heritage of a community of ethnic groups, mountainous areas, border areas, islands, endangered ethnic groups and cultural heritage sites that benefit the whole community and society.

6. Preserving original elements constituting monuments and the originality of documentary heritage; inherent value and forms of expression of intangible cultural heritage to the maximum.

7. Respecting the rights of intangible cultural heritage subjects and artisans to decide elements to be protected and forms and levels of cultural heritage to be promoted; identifying risks and impacts that threaten existence of and selecting solutions to protect cultural heritage.

8. Integrating the protection and promotion of value of the cultural heritage​​into national, regional and local strategies, plannings, and plans for socio-economic development.

Article 7. State’s policies on cultural heritage

1. The State plays key role in maintenance and development of protection and promotion of value of cultural heritage; mobilizes social resources for protection and promotion of value of regional, local and ethnic cultural heritage sites.

2. Protect legitimate rights and interests of cultural heritage owners.

3. Prioritize allocation of state budget for the following activities:

a) protecting and promoting value of cultural heritage inscribed or recognized by UNESCO;

b) protecting and promoting value ​​of spoken and written languages of Vietnamese ethnic groups; oral expressions and traditions; folk performing arts; traditional architecture; traditional crafts; folk knowledge and experience in disease prevention and treatment and other folk knowledge; traditional festivals, cuisine and costumes.

c) protecting and promoting value of cultural heritage of ethnic minority and mountainous areas, border areas and islands, especially cultural heritage of endangered ethnic groups and ethnic groups at risk of losing their cultures;

d) protecting and promoting value of special national monuments, historical-cultural monuments under the public ownership that have severely deteriorated; public museums that have important roles; national treasures; intangible cultural heritage included in the National List of Intangible Cultural Heritage; documentary heritage included in the National List of Documentary Heritage; intangible cultural heritage at risk of being abandoned or forgotten.

The Government shall elaborate public museums that have important roles specified in this point;

dd) Conducting study and applying advanced scientific and technological achievements, digitizing cultural heritage, and carrying out digital transformation in protection and promotion of the value of cultural heritage.

4. Honor and issue preferential policies applicable to talented artisans and artisans who have merit in protecting and promoting the value of intangible cultural heritage, especially artisans of ethnic minority groups, artisans who live in mountainous areas, border areas and islands, artisans with disabilities, and those living in poor and near-poor households.

5. Assist in professional training and refresher training, improvement of capacity and technical skills for personnel participating in protection and promotion of value of cultural heritage, especially human resources of ethnic minority groups and those living in mountainous areas, border areas, and islands.

6. Assist and enable organizations and individuals to provide aid, financial support and support for, give to, invest funding, human resources and facilities in protection and promotion of value of cultural heritage and Cultural Heritage Conservation Funds established under decisions issued by the Minister of Culture, Sports and Tourism, and Chairpersons of People's Committees of provinces and central-affiliated cities (hereinafter referred to as “Chairpersons of Provincial People's Committees).

7. Enable regional and local authorities to strengthen connection in and enhance protection and promotion of the value of cultural heritage, and local authorities to establish Cultural Heritage Conservation Funds in accordance with the law to proactively preserve cultural heritage that has deteriorated, especially cultural heritage affected by natural conditions, natural disasters, storms and floods and cultural heritage in ethnic minority and mountainous areas.

8. Exempt children, pupils, students, people living poor and near-poor households, the elderly, people with disabilities, people with meritorious services to the revolution, ethnic minorities in communes with especially difficult socio-economic conditions, People's Artisans, Meritorious Artisans and some special subjects from tickets for sightseeing, study and research on cultural heritage at museums, historical - cultural monuments and scenic spots under the public ownership or reduce prices of such tickets with regard to these subjects according to regulations of this Law and relevant laws.

9. Assist and enable organizations and individuals to provide cultural heritage-related services according to regulations of this Law and relevant laws.

Article 8. Vietnam Cultural Heritage Day

Vietnam Cultural Heritage Day is celebrated on November 23 every year.

Article 9. Prohibited acts

1. Appropriating cultural heritage; distorting original elements constituting monuments, contents and value of monuments and documentary heritage; disseminating and practicing intangible cultural heritage in a manner that falsifies its contents or introducing inappropriate elements that reduce the value of monuments and intangible cultural heritage.

2. Violating, destroying or causing risks of destroying cultural heritage and cultural landscape of monuments.

3. Accessing and utilizing cultural heritage in a manner that infringes upon the legitimate rights and interests of agencies, organizations, individuals, communities, and national and ethnic interests.

4. Taking advantage of cultural heritage and management, protection, promotion of value of cultural heritage, recognition and inscription of cultural heritage for rent-seeking, worship, religious practice and other illegal acts; committing acts of discrimination and prejudice against culture and creating culture-related competition, contradictions, disputes and conflicts; hindering the community of cultural heritage subjects from their rights to cultural creation, practice and enjoyment of.

5. Recognizing and awarding titles related to cultural heritage in a manner that is contrary to regulations of law.

6. Illegally excavating archaeological sites; illegally search and salvaging relics, antiquities and national treasures still submerged under water; excavating and searching relics and antiquities; performing an act of illegally construction in zones in which monuments are protected (hereinafter referred to as ”protective zones”), archaeological exploration and excavation areas and sites under archaeological planning.

7. Purchasing, selling, collecting, trading and exchanging relics, antiquities, national treasures, and documentary heritage of illegal origin.

8. Encroaching and destructing land with historical - cultural monuments and scenic spots.

9. Preserving, renovating, and restoring historical-cultural monuments and scenic spots without obtaining opinions from, abiding by decisions on approval for investment guidelines, decision on investment guidelines, decisions on investment, or following written approvals for projects, appraisal contents issued by competent state agencies according to regulations of this Law and other relevant laws.

10. Providing cultural heritage services without meeting trade and practice requirements prescribed in Articles 78, 79, 80 and 81 of this Law.

11. Counterfeiting relics, antiquities, national treasures, documentary heritage; illegally purchasing, selling, exchanging, transporting relics, antiquities, national treasures, documentary heritage; illegally bring relics, antiquities, national treasures, documentary heritage abroad.

12. Taking advantage of protection and promotion of the value of cultural heritage to distort the State's policies and laws and oppose the Socialist Republic of Vietnam; damaging the great national unity bloc; inciting violence and causing hatred among ethnic groups and religions; propagating wars of aggression; destroying good customs and traditions; spreading superstition.

13. Taking advantage of collection of collectables to purchase or advise other organizations or individuals to purchase or sell artifacts that are collectibles of public museums or to disclose information related to the purchase or sale of artifacts without obtaining written consent from competent persons of agencies or organizations assigned to manage museums and owners of such artifacts.

Chapter II

PROTECTION AND PROMOTION OF VALUE OF TANGIBLE CULTURAL HERITAGE

Article 10. Types of tangible cultural heritage

Types of tangible cultural heritage include:

1. Oral expressions and traditions, including forms of information expression in language, spoken language, written language, characters and folk literature;

2. Folk performing arts, including music, dance, singing, traditional theater and other forms of folk performance.

3. Social customs and beliefs, including regular and stable practices that express concepts and beliefs of the community through rituals associated with traditional customs and practices bearing the cultural identity of the community of subjects;

4. Traditional festivals, including ritual practices and folk cultural activities of the community that are performed cyclically in relevant cultural spaces;

5. Folk knowledge, including knowledge about nature and universe, human health and life, labor, production, prevention and treatment of diseases, cuisine, costumes and other folk knowledge;

6. Traditional crafts, including manual practices using knowledge, skills, techniques, know-how, art, together with tools, objects, artifacts, and natural materials to create products bearing the cultural identity of the community of subjects.

Article 11. Inventory of intangible cultural heritage and list of intangible cultural heritage

1. Intangible cultural heritage shall be inventoried and included in the List of intangible cultural heritage located in provinces and central-affiliated cities (hereinafter referred to as "List of intangible cultural heritage”). The List of intangible cultural heritage shall be reviewed and updated every year.

2. The Chairperson of provincial People's Committee shall direct and organize the inventory, approve and promulgate the List of intangible cultural heritage and remove intangible cultural heritage from the provincial List of intangible cultural heritage.

3. The Minister of Culture, Sports and Tourism shall elaborate this Article.

Article 12. List of, criteria for inscription and additional inscription of intangible cultural heritage

1. Intangible cultural heritage shall be inscribed or additionally inscribed in the following lists:

a) National List of intangible cultural heritage;

b) UNESCO's lists, including List of Intangible Cultural Heritage in Need of Urgent Safeguarding, Representative List of the Intangible Cultural Heritage of Humanity, Register of Good Safeguarding Practices.

2. Intangible cultural heritage shall be inscribed or additionally inscribed in the National List of intangible cultural heritage when meeting the following criteria:

a) It is included in the List of intangible cultural heritage;

b) It is representative and expresses the identity of a community and the local identity;

c) It is capable of restoration and long-term existence;

d) Proposed protective measures are feasible;

dd) It is accepted and voluntarily proposed by a community and the community commits to protect such intangible cultural heritage.

3. An application to UNESCO for inscription or additional inscription of intangible cultural heritage shall be formulated when such intangible cultural heritage meets the following criteria:

a) It is included in the National List of intangible cultural heritage;

b) It meets criteria for inscription according to regulations and guidelines issued by UNESCO.

Article 13. Inscription, additional inscription and cancellation of inscription of intangible cultural heritage

1. Inscription or additional inscription of intangible cultural heritage in the National List of intangible cultural heritage is regulated as follows:

a) The People's Committee of province or central-affiliated city (hereinafter referred to as ”provincial People's Committee”) is responsible for filing a scientific dossier on intangible cultural heritage within its province. The scientific dossier on intangible cultural heritage shall contain appraisal opinions given by an appraisal council established by the Chairperson of the provincial People's Committee.

If the intangible cultural heritage is located in two or more provinces or centrally-run cities, the People's Committee of each province where the intangible cultural heritage is located can prepare and submit a separate scientific dossier of such intangible cultural heritage within the province/city or local authorities can reach an agreement to select a local authority that will preside over preparation and submission of a common scientific dossier on the intangible cultural heritage located in such provinces/cities;

b) The provincial People's Committee shall submit the scientific dossier on intangible cultural heritage within its province, and request the Minister of Culture, Sports and Tourism to consider inscribing or additionally inscribing the intangible cultural heritage in the National List of Intangible Cultural Heritage.

c) The Minister of Culture, Sports and Tourism shall consider deciding inscription, additional inscription, announcement and issuance of a certificate of inscription or additional inscription of intangible cultural heritage in the National List of intangible cultural heritage according to the scientific dossier on intangible cultural heritage, the application made by the Provincial People's Committee and appraisal opinions given by an appraisal council established by the Minister of Culture, Sports and Tourism.

2. Inscription or additional inscription of intangible cultural heritage in the UNESCO’s Lists is regulated as follows:

a) The Chairperson of the Provincial People's Committee shall send a written application to the Minister of Culture, Sports and Tourism that will consider submitting it to the Prime Minister to grant permission and assign the provincial People's Committee to preside over preparation of a scientific dossier on intangible cultural heritage for application for inscription or additional inscription of intangible cultural heritage located within ​​01 province or central-affiliated city or intangible cultural heritage located within ​​02 or more provinces or central-affiliated cities after agreement on selection of 01 local authority that presides over preparation of the scientific dossier on intangible cultural heritage in the UNESCO’s Lists.

In case of application to UNESCO for inscription or additional inscription of multinational intangible cultural heritage, the Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to grant permission and assign the People's Committee of province where the intangible cultural heritage is located to preside over and cooperate with a competent authority of a member country to file a scientific dossier on intangible cultural heritage.

b) The provincial People's Committee is responsible for preparing a scientific dossier on intangible cultural heritage for application for inscription or additional inscription to request the Minister of Culture, Sports and Tourism to make appraisal. The scientific dossier on intangible cultural heritage shall contain appraisal opinions given by an appraisal council established by the Chairperson of the provincial People's Committee.

c) The Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to decide application to UNESCO for inscription or additional inscription of Vietnam's intangible cultural heritage according to the scientific dossier on intangible cultural heritage, the application made by the Provincial People's Committee and appraisal opinions given by an appraisal council established by the Minister of Culture, Sports and Tourism. The scientific dossier on intangible cultural heritage submitted by the Minister of Culture, Sports and Tourism to the Prime Minister shall contain written opinions given by National Cultural Heritage Council;

d) The inscription and additional inscription of Vietnam's intangible cultural heritage in UNESCO's lists shall comply with UNESCO's regulations and guidelines.

3. Cancellation of inscription of intangible cultural heritage is regulated as follows:

a) The Minister of Culture, Sports and Tourism shall decide cancellation of inscription of intangible cultural heritage in the National List of intangible cultural heritage in case such intangible cultural heritage no longer meets the criteria specified in clause 2 Article 12 of this Law after obtaining appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism;

b) The cancellation of inscription of Vietnam's intangible cultural heritage in UNESCO's lists shall comply with UNESCO's regulations and guidelines.

4. The Government shall elaborate procedures and applications for inscription, additional inscription and cancellation of inscription of intangible cultural heritage specified in this Article.

Article 14. Policies applicable to artisans and subjects of tangible cultural heritage

1. Artisans and subjects of intangible cultural heritage shall be entitled to the State’s preferential policies. To be specific:

a) They are considered and awarded by the State honorary titles of the State and receive other forms of commendation and honor according to the law on emulation and commendation.

b) They receive assistance with facilities, tools, objects, artifacts and relevant cultural space to maintain practice, teaching, creation and performance, protect and promote the value of intangible cultural heritage;

c) They receive funding, facilities, tools, objects, artifacts and relevant cultural space for the establishment and organization of clubs and groups that practice intangible cultural heritage, especially intangible cultural heritage inscribed by UNESCO and intangible cultural heritage at risk of being abandoned or forgotten;

d) People's Artisans and Meritorious Artisans receive monthly allowances, health insurance subsidies and funeral allowance upon death

dd) Artisans and subjects of intangible cultural heritage of ethnic minorities are entitled to special preferential policies;

e) Other preferential policies as prescribed by law.

2. In addition to the policies prescribed in clause 1 of this Article, according to socio-economic development conditions, budget balancing capacity, and mobilization of social resources, the People's Committee shall request the People's Council at the same level to decide preferential policies applicable to artisans and subjects of intangible cultural heritage within its province.

3. The Government shall elaborate points b, c, d and dd clause 1 of this Article.

Article 15. Maintenance of practice and teaching on intangible cultural heritage

1. Artisans and subjects of intangible cultural heritage shall maintain practice and teaching on, and preserve the value of cultural heritage in their community and spread cultural heritage to other communities in society.

2. Artisans and subjects of intangible cultural heritage shall teach intangible cultural heritage within and outside their community to consolidate and increase the quantity and improve the quality of intangible cultural heritage practice, with priority given to cultural heritage of the community of ethnic groups and endangered ethnic groups to ensure that the practice of cultural heritage is maintained in a manner that is regular, continuous and appropriate to the value, nature and function of cultural heritage, thereby reducing the risk that the cultural heritage is abandoned or forgotten by the following forms:

a) Artisans and practitioners teach knowledge, skills and cultural expressions to the next generation within the community of subjects by practicing intangible cultural heritage;

b) Artisans and practitioners teach knowledge, skills and cultural expressions to other communities by purposeful training.

Article 16. Research, collection or documentation of intangible cultural heritage

1. Research, collection or documentation of intangible cultural heritage refers to an act of learning about, identifying characteristics, value ​​and functions of intangible cultural heritage, and recording current status of intangible cultural heritage for preservation.

2. Overseas Vietnamese, foreign organizations and individuals conducting research on, collecting and documenting intangible cultural heritage in Vietnam shall obtain written consent from the Minister of Culture, Sports and Tourism regarding intangible cultural heritage located in two or more provinces or central-affiliated cities; or from a specialized agency under the provincial People's Committee that advises and assists the People's Committee to perform state management of culture (hereinafter referred to as ”provincial culture agency”) regarding intangible cultural heritage located in one province or central-affiliated city.

3. Organizations, communities and individuals shall cooperate with provincial culture agencies to conduct research, collect and document intangible cultural heritage.

4. Each provincial People's Committee is responsible for directing research, collection, and documentation of intangible cultural heritage that has been inscribed within its provinces to maintain its value ​​and update such intangible cultural heritage to the national database on cultural heritage.

5. The Minister of Culture, Sports and Tourism shall elaborate clause 2 and clause 3 of this Article.

Article 17. Management, protection and promotion of value of intangible cultural heritage inventoried and inscribed

1. Intangible cultural heritage included in the List of intangible cultural heritage shall be protected and have its value promoted according to regulations of this Law and relevant laws.

2. There must be measures for management, protection and promotion of value of intangible cultural heritage inscribed in the National List of intangible cultural heritage and UNESCO’s lists after the inscription and reports shall be prepared according to regulations of laws and UNESCO’s regulations and guidelines.

3. The Chairperson of provincial People's Committee shall formulate and approve a project on protection and promotion of value of intangible cultural heritage inscribed and located in its province after obtaining appraisal opinions from the Minister of Culture, Sports and Tourism. Regarding intangible cultural heritage inscribed and located in two or more provinces or central-affiliated cities, the provincial People's Committee that has submitted the scientific dossier for inscription or additional inscription of intangible cultural heritage shall preside over formulating the project and seeking consent from People's Committees of the remaining provinces or central-affiliated cities before approval or the People's Committee of each province/city shall formulate and approve its separate project on protection and promotion of value of intangible cultural heritage located within its province/city.

4. The Minister of Culture, Sports and Tourism shall promulgate a National Action Program for protection of intangible cultural heritage after it is inscribed by UNESCO; provide report guidance; prepare and submit national reports as requested by UNESCO.

5. The Government shall elaborate clauses 2, 3 and 4 of this Article.

Article 18. Protection of intangible cultural heritage at risk of being abandoned or forgotten

1. Intangible cultural heritage at risk of being abandoned or forgotten is identified according to one of the criteria. To be specific:

a) Capacity for existence and practice of, and teaching on intangible cultural heritage within the community of subjects is being obstructed or threatened, or it is difficult restoring intangible cultural heritage and it may disappear;

b) The number of artisans, practitioners and successors declines;

c) There are deterioration and changes in practice conditions and forms

d) Relevant cultural space and intangible cultural heritage practice environment are narrowed or disappear.

2. The Chairperson of the provincial People's Committee shall, pursuant to results of the inventory, the current status of practice of intangible cultural heritage and the criteria specified in clause 1 of this Article, request the provincial culture agency and the subject of the intangible cultural heritage to identify the intangible cultural heritage at risk of being abandoned or forgotten.

3. Measures for urgent protection of intangible cultural heritage at risk of being abandoned and forgotten include:

a) Research and documentation of practices and forms of expression;

b) Restoration of relevant cultural space, practices, forms of expression, conditions and artifacts;

c) Organization of teaching;

d) Other measures.

4. The Chairperson of the provincial People's Committee shall direct local authorities to implement measures for urgent protection prescribed in clause 3 of this Article.

5. The Minister of Culture, Sports and Tourism shall, according to a written proposal submitted by the Chairperson of the provincial People's Committee, consider requesting the Prime Minister to grant permission for formulation of an application to UNESCO for assistance in protection of heritage inscribed in the List of Intangible Cultural Heritage in Need of Urgent Safeguarding from UNESCO's Fund for the Safeguarding of the Intangible Cultural Heritage of 2003 Convention for the Safeguarding of the Intangible Cultural Heritage.

Article 19. Measures for protecting and developing spoken and written languages of Vietnamese ethnic groups

The State shall protect and develop spoken and written languages of ethnic groups living together in Vietnam, especially spoken and written languages of ethnic minorities and those at risk of being abandoned by the following measures:

1. Studying, collecting, documenting, preserving and teaching oral expressions and traditions in spoken and written languages ​​of the community of ethnic groups;

2. Teaching spoken and written languages ​​of ethnic minorities to officials, public employees, officers or servicemen of People’s armed forces working in mountainous and ethnic minority areas according to job requirements, and to ethnic minority students in accordance with regulations of the law on education;

3. Issuing rules for transcribing transcription of spoken language of ethnic groups without written language;

4. Collecting, compiling, translating, classifying and preserving literary, artistic, scientific and oral linguistic works and folk performances;

5. Developing dictionaries, textbooks, teaching materials on spoken and written languages ​​of ethnic groups, databases on spoken and written languages ​​of ethnic groups;

6. Encouraging the introduction of cultural heritage at museums and monuments by spoken and written languages of ethnic minorities;

7. Publishing books and newspapers, and running radio, television and stage programs for cultural heritage in ethnic minority languages.

Article 20. Measures for protection and promotion of value of traditional festivals

The State shall facilitate maintenance and promotion of value of traditional festivals by the following measures:

1. Ensuring that the community of subjects is entitled to proactively participate in practice of traditional rituals in cultural space and at time in conformity with to the festival cycle;

2. Protecting the rights of the community of subjects to proactively choose festival promotion forms and of non-community subjects to access or participate in organization and implementation of festival activities;

3. Selectively restoring traditional rituals and folk performances in festivals on the basis of consensus about the broadest participation of intangible cultural heritage subjects;

4. Taking measures to assist the community in preventing factors and activities that affect components and structure of festivals and do not comply with civilized lifestyle regulations regarding festival activities;

5. Encouraging widespread dissemination of origin, contents, typical and unique values ​​of festivals in Vietnam and foreign countries.

Chapter III

PROTECTION AND PROMOTION OF VALUE OF TANGIBLE CULTURAL HERITAGE

Section 1. HISTORICAL - CULTURAL MONUMENTS AND SCENIC SPOTS

Article 21. Types of monument

Monuments include:

1. Historical – cultural monuments

a) Historical monuments, including memorials to historical and cultural events and memorials to historical figures;

b) Architectural and artistic monuments;

c) Archaeological monuments;

2. Scenic spots;

3. Mixed monuments.

Article 22. Criteria for identification of monuments by their types

1. Historical monuments shall meet one of the following criteria:

a) They are construction works or sites associated with national or local typical historical and cultural events during national development and defense.

b) They are construction works or sites associated with the life and career of each national hero or historical figure having positive influence on national or local development in one or more historical periods;

c) They are construction works or sites associated with the history of industrial, urban and rural development, having positive influence on national or local development in one or more historical periods;

2. Architectural and artistic monuments shall be architectural and artistic works, urban and rural architectural complexes, residential sites, urban and rural areas or industrial works containing architectural works and historical and cultural spaces having typical values ​​for one or more periods of historical, architectural and artistic development.

3. Archaeological monuments shall be sites where traces related to human activities are discovered, with cultural layers containing monuments and relics reflecting cultural and human history, and having typical values ​​for one or more historical periods.

4. Scenic spots shall meet one of the following criteria:

a) They are natural landscapes having typical historical, cultural or scientific value;

b) They are natural landscapes or sites combined with architectural works having typical historical, cultural or scientific value;

c) They are natural areas having scientific value in terms of geology, geomorphology, geography, biodiversity, specific ecosystems or natural areas containing material traces of periods of the earth's development.

5. Mixed monuments are monuments meeting the criteria applicable to at least 02 types of monuments specified in clauses 1, 2, 3 and 4 of this Article.

Article 23. Inventory and List of monuments

1. Works, sites, urban and rural architectural complexes, urban and rural areas, natural landscapes, and natural areas identified according to the criteria specified in Article 22 of this Law shall be inventoried and included in the provincial List of Monuments (hereinafter referred to as ”List of Monuments”). The List of monuments shall be reviewed and updated every year.

2. The Chairperson of provincial People's Committee shall direct and organize inventory, approve and promulgate the List of monuments located within its provinces and remove monuments that no longer meet the criteria specified in Article 22 of this Law from the List of monuments.

3. Measures for management, protection and promotion of value of monuments included in the List of monuments shall be the same as those for management, protection and promotion of value of provincial monuments in accordance with this Law.

4. The Minister of Culture, Sports and Tourism shall elaborate clause 1 and clause 2 of this Article.

Article 24. Ranking and deranking monuments

1. Nationally-ranked monuments include:

a) Provincial monuments that are ones having typical local values and meeting at least one of the criteria specified in Article 22 of this Law;

b) National monuments that are ones having typical national values and meeting at least one of the criteria specified in Article 22 of this Law;

c) Special national monuments that are ones having typical and special national values and meeting at least one of the criteria specified in Article 22 of this Law;

2. Monuments will be considered to be recognized as world heritage by UNESCO as follows:

a) Typical monuments of Vietnam, having outstanding universal cultural value will be considered to be recognized as world cultural heritage;

b) Typical monuments of Vietnam, having outstanding universal natural value will be considered to be recognized as world natural heritage;

c) Typical monuments of Vietnam, meeting the criteria applied to both world cultural heritage and world natural heritage will be considered to be recognized as mixed world heritage.

3. Monuments ranked and recognized by scale include:

a) Monuments ranked according to regulations in clause 1 of this Article and located within 01 province/central-affiliated city;

b) Monuments ranked according to regulations in clause 1 of this Article and located within 02 or more provinces/central-affiliated cities;

c) Monuments recognized as world heritage and located within the territory of the Socialist Republic of Vietnam and the territory of one or more other countries or territories (hereinafter referred to as ”multinational world heritage”).

4. Cases in which national monuments may be deranked and world heritage may be derecognized:

a) Monuments have been ranked as national monuments but no longer meet the regulations specified in clause 1 of this Article;

b) World heritage included in the List of world heritage is threatened.

Article 24. Authority over, procedures and applications for ranking, additionally ranking, annulling decisions to rank, and amending scientific dossiers on monuments and world heritage

1. The provincial People's Committee shall be responsible for preparing a scientific dossier to apply for ranking, additionally ranking, annulling a decision to rank, and amending the scientific dossier on monuments located within its province. The scientific dossier on monuments shall contain appraisal opinions of an appraisal council established by the Chairperson of the provincial People's Committee.

If an monument is located in two or more provinces or centrally-run cities, People's Committees of provinces where the monument is located shall reach an agreement to select a local authority that will preside over preparing, submitting a scientific dossier on the monument, applying for ranking, additionally ranking, annulling a decision to rank, and amending the scientific dossier.

2. The Chairperson of the provincial People's Committee shall consider making decision on ranking, additionally ranking, annulling a decision to rank, and amending a scientific dossier on provincial monuments; issue certificates of ranking or additional ranking of provincial monuments.

3. The Minister of Culture, Sports and Tourism shall consider making decision on ranking, issuing certificates of ranking, additionally ranking, annulling a decision to rank, and amending a scientific dossier on national monuments as requested by the People's Committee after obtaining appraisal opinions from an appraisal council established by the Minister of Culture, Sports and Tourism.

4. The Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to rank, issue certificates of ranking or additionally ranking, annul a decision to rank, and amend a scientific dossier on special national monuments as requested by the provincial People's Committee after obtaining appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism. The dossier submitted to the Prime Minister shall contain written opinions of the National Cultural Heritage Council.

5. Recognition, additional recognition, derecognition and amendments to a dossier on world heritage are regulated as follows:

a) The Chairperson of the Provincial People's Committee shall send a written application to the Minister of Culture, Sports and Tourism that will consider submitting it to the Prime Minister to grant permission and assign the provincial People's Committee to preside over preparation of a scientific dossier on a monument for application to UNESCO for recognition, additional recognition and amendments to the dossier on world heritage with regard to the monument located within ​​01 province or central-affiliated city or located within ​​02 or more provinces or central-affiliated cities after agreement on selection of 01 local authority that presides over preparation of the scientific dossier on monument.

In case of application to UNESCO for recognition, additional recognition and amendments to the dossier on multinational world heritage, the Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to grant permission and assign the People's Committee of province where the monument is located to preside over and cooperate with a competent authority of a member country to prepare a scientific dossier on monument.

b) The provincial People's Committee assigned to prepare an application to UNESCO for recognition, additional recognition and amendments to the dossier on world heritage shall request the Minister of Culture, Sports and Tourism to make appraisal and require the Prime Minister to decide application to UNESCO for recognition, additional recognition and amendments to the dossier on world heritage after obtaining appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism. The dossier submitted by the Ministry of Culture, Sports and Tourism to the Prime Minister shall contain written opinions given by National Cultural Heritage Council;

c) Derecognition of world heritage shall comply with UNESCO’s regulations and guidelines.

6. Ranked monuments shall be managed, protected, and have their values ​​promoted in accordance with regulations of this Law and other relevant laws; regarding world heritage, in addition to these regulations, management, protection and promotion of its value shall comply with UNESCO's regulations and guidelines.

If a monument under the management of provincial People's Committees is located in two or more provinces or centrally-run cities, People's Committees of provinces and cities where the monument is located shall reach an agreement on formulation of a general management plan and issuance of monument protection regulations.

7. The Government shall provide for procedures and applications for ranking, additionally ranking, annulling decisions to rank, and amending scientific dossiers on monuments and world heritage specified in clauses 1, 2, 3, 4 and 5 of this Article; and elaborate clause 6 of this Article.

Article 26. Promotion of value of monuments

The value of monuments is promoted through the following activities:

1. Studying, collecting and documenting value of monuments; applying science and technology to promotion of their value;

2. Disseminating, educating, spreading, displaying and introducing roles, meanings and historical, cultural, scientific and artistic value of monuments on a national and international basis;

3. Giving guidance and explanations to visitors;

4. Organizing/providing or entering into joint venture and association to organize/provide tourism activities and services which serve sightseeing, research and study by the public at monuments;

5. Developing products and services and enabling communities living in provinces/cities where monuments are located to participate in development of products and services related to such monuments;

6. Studying, collecting, displaying and introducing materials and artifacts associated with value of monuments;

7. Conducting cultural activities at monuments; organizing practice, performances and introduction of intangible cultural heritage associated with monuments;

8. Organizing mobile exhibitions outside monuments;

9. Other activities as prescribed by law.

Article 27. Protective zones, principles of determining and planting boundary markers at protective zones and adjusting protective zones or world heritage sites

1. Each monument ranked in accordance with clause 1 Article 24 of this Law has 02 protective zones, including protective zone I and protective zone II.

2. Protective zone I refers to a zone containing original elements constituting the monument, in which the status quo of area and space of such elements must be protected. The protective zone I is determined as follows:

a) Regarding a historical monument, protective zone I is determined as a zone containing a construction work or site marking typical developments of historical and cultural event(s) or associated with the life and career of a relevant national hero or historical figure or the history of industrial, urban and rural development in one or more relevant historical periods;

b) Regarding an architectural and artistic monument, protective zone I is determined as a zone containing an architectural work, yard, garden, pond, lake and other relevant elements that constitute the value of the monument.

c) Regarding an archaeological monument, protective zone I is determined as a zone where relics, artifacts, terrain, and landscapes that are directly related to living environment of the subject that has created the monument are discovered.

d) Regarding a scenic spot, protective I shall be such as to ensure preservation of the integrity of natural landscape, terrain, geomorphology and other geographical elements containing biodiversity and specific ecosystems, physical traces of periods of the earth's development or relevant architectural works;

dd) Regarding a monument consisting of multiple construction works, architectural and artistic works, industrial works and sites located within a large area, protective zone I shall be determined for each construction work, architectural and artistic work, industrial work, and site.

3. Protective zone II refers to a zone surrounding or adjacent to protective zone I to protect cultural landscape of the monument. The protective zone II shall be determined according to one of the following principles:

a) Be a zone directly connected to the protective zone I and containing cultural landscape that has an important function in protection of the monument;

b) Be a zone where potentials need to be researched and added and the value of monument need to be promoted;

c) Be a zone that has functions of prevention, control and reduction of negative impacts that may directly affect the protective zone I, construction work, terrain, cultural landscape and natural ecosystem of the monument.

4. Zone adjacent to a monument and not determined as a protective zone II refers to a zone containing a construction work that cannot be relocated, or a residential area decided by the competent authority specified in clause 6 of this Article.

5. Protective zones specified in clause 2 and clause 3 of this Article shall be delineated by competent authorities specified in clause 6 of this Article on cadastral maps and in protection zoning records of scientific dossiers on monuments ranked, updated to relevant planning maps and have boundary markers planted on field.

6. The Chairperson of the provincial People's Committee shall decide to determine boundaries of protective zones, and adjust boundaries of protective zones and the zone adjacent to monument and not determined as the protective zone II as prescribed in clause 4 of this Article with regard to any monument located within its province after receiving appraisal opinions from the appraisal council established by the Chairperson of the Provincial People's Committee.

The Minister of Culture, Sports and Tourism shall consider approving boundaries of protective zones, deciding the zone adjacent to monument and not determined as the protective zone II as prescribed in clause 4 of this Article with regard to any national monument proposed to be ranked according to its scientific dossier, and approving adjustment to boundaries of protective zones in accordance with the scientific dossier on national monument ranked as requested by the Chairperson of the provincial People's Committee after receiving appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism.

The Prime Minister shall consider approving boundaries of protective zones, deciding the zone adjacent to monument and not determined as the protective zone II as prescribed in clause 4 of this Article with regard to any special national monument proposed to be ranked according to its scientific dossier, and approving adjustment to boundaries of protective zones in accordance with the scientific dossier on special national monument ranked as requested by the Minister of Culture, Sports and Tourism, the Chairperson of the provincial People's Committee after receiving appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism. The dossier submitted to the Prime Minister shall contain written opinions of the National Cultural Heritage Council.

7. The Chairperson of the provincial People's Committee shall be responsible for planting or authorizing the head of the provincial culture agency or the Chairperson of the district-level People's Committee to plant boundary markers on protective zones. Boundary markers shall be planted on protective zones right after the monument is ranked according to regulations of this Law and relevant laws, and the following principles:

a) Clearly delineating boundaries of protective zones with those of the adjacent zone on field according to protection zoning records and maps included in the scientific dossier on the ranked monument;

b) Markers shall be made of durable materials and planted in locations where they are recognizable; the shape, color, and size of each marker must be suitable for the environment and landscape of the monument and must not affect original elements constituting the monument.

8. World heritage area and buffer zone of world heritage area shall be determined as follows:

a) Each world heritage has a world heritage area and its buffer zone determined according to UNESCO’s regulations and guidelines;

b) World heritage area refers to an area containing original elements that create the outstanding universal value of the world heritage; this area shall be protected in the same manner as that applied to the protective zone I;

c) Buffer zone of a world heritage area refers to a zone which surrounds the world heritage area, is a part of or contributes to value and unique characteristics of the world heritage, and is an additional layer of protection of the world heritage site; it shall be protected in the same manner as that applied to the protective zone II;

d) The world heritage area and the buffer zone of the world heritage area shall be determined on maps included in the application to UNESCO for recognition of the world heritage and updated to relevant planning maps.

9. Boundaries of protective zone I and protective zone II of nationally-ranked monuments are narrowed or expanded as follows:

a) The boundary of the protective zone I may only be adjusted when the adjustment ensures that original elements constituting the monument are completely preserved, and follows the principles specified in clause 2 of this Article.

b) The boundary of the protective zone II may only be adjusted when the adjustment ensures that elements that can negatively impact and affect original elements constituting the monument are prevented and cultural landscape of the monument is protected and follows the principles specified in clause 3 of this Article;

c) The adjustment to the protective zone I or the protective zone II specified in points a and b of this clause shall comply with regulations in clause 5 and clause 6 of this Article.

10. Boundaries of the world heritage area and its buffer zone shall be narrowed or expanded according to UNESCO’s regulations and guidelines, making sure that criteria for establishment of outstanding universal value of the world heritage are not changed and a dossier must be filed; in case of major adjustment to the boundary of the world heritage area or its buffer zone, a new nomination dossier must be filed.

11. The Government shall provide for updating boundaries of protective zones and the world heritage area to relevant planning maps specified in clause 5, point d clause 8 of this Article; and elaborate clauses 6, 9 and 10 of this Article.

Article 28. Repairing, renovating or constructing works and performing activities within protective zones or world heritage areas

1. Within the protective zone I of a monument or the world heritage area, it is only allowed to repair, renovate or construct the following works. To be specific:

a) Repairing, renovating, or constructing works directly serving the protection and promotion of the value of the monument or world heritage.

b) Repairing, renovating, or reconstructing single-family houses on the basis of the current status of existing single-family houses.

2. Within the protective zone II of a monument or a buffer zone of world heritage area, it is only allowed to repair, renovate or construct works and perform activities. To be specific:

a) Repairing, renovating, or constructing works directly serving the protection and promotion of the value of the monument or world heritage.

b) Repairing, renovating, or constructing single-family houses;

c) Repairing, renovating, or constructing social-economic works;

d) Using sea areas for exploitation and use of marine resources;

dd) Conducting socio-economic activities as per specialized laws.

3. Repair, renovation or construction of a work or single-family house specified in clause 1 and clause 2 of this Article shall meet the following requirements:

a) Do not distort historical events, the life and career of any national hero or historical figure, or negatively impact the cultural landscape of the monument or the world heritage.

b) Do not damage the planning structure of a complex of architectural and artistic works or negatively impact the architectural shape of a single architectural work related to the monument or the world heritage;

c) Do not repair, renovate or construct any work or single-family house in an area where traces of relics have been discovered, or terrain or cultural landscape related to an archaeological monument or site, world heritage exists;

d) Maintain the integrity of the value of natural landscape, ecological environment, terrain, geomorphology and other geographical elements containing biodiversity and specific ecosystem, physical traces of periods of the earth's development or an architectural work related to a scenic spot or world heritage;

dd) Be consistent with natural laws, protect marine resource ecosystems, conserve and preserve original elements constituting natural value ​​and marine biodiversity, marine environment related to scenic spots and world heritage;

e) Do not block the work, landscape space of the monument; or cause landslide that changes terrain, subsidence of the construction work, the monument, world heritage.

Article 29. Projects on investment in construction, construction of works, repair, renovation, reconstruction of single-family house, performance of activities within protective zones or world heritage areas

1. Projects on investment in construction, construction of works, performance of activities specified in point a, clause 1 Article 28 and points a, c, d, dd clause 2 Article 28 of this Law shall be implemented as follows:

a) Complying with regulations of this Law, laws on investment, public investment, construction and other relevant regulations of law;

b) The approval for investment guidelines and decision on investment guidelines for projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities shall only be issued after receiving written consent from the Minister of Culture, Sports and Tourism regarding world heritage, special national monuments, or national monuments; from the head of the provincial culture agency regarding provincial monuments or monuments included in the List of Monuments. In case of projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities within world heritage areas, buffer zones of world heritage areas, in addition to compliance with the above-mentioned regulations, requirements for environmental protection, prevention, control, and assessment of elements affecting world heritage according to this Law and UNESCO's regulations and guidelines shall be satisfied;

c) Pursuant to clause 2 and clause 3, Article 27 and Article 28 of this Law, the Minister of Culture, Sports and Tourism and the head of the provincial culture agency shall give written opinions about the satisfaction to requirements for protection and promotion of the value ​​of world heritage and monuments.

2. Provincial People's Committees or agencies in charge of appraising and licensing projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities specified in clause 1 of this Article within world heritage areas, buffer zones of world heritage areas, protection zones I and protection zones II of special national monuments, national monuments shall be responsible for sending dossiers on projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities to the Ministry of Culture, Sports and Tourism to seek opinions in accordance with regulations of this Law and other relevant laws.

3. District-level People's Committees or agencies in charge of appraising and licensing projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities specified in clause 1 of this Article within protection zones I and protection zones II of provincial monuments shall be responsible for sending written statements enclosed with dossiers on projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, and performance of socio-economic activities to the provincial culture agency to seek opinions in accordance with regulations of this Law and other relevant laws.

4. Repair, renovation or construction of a single-family house in a protective zone or a world heritage area is regulated as follows:

a) The repair, renovation, or reconstruction of the single-family house on the basis of the current status of an existing single-family house that is an original element constituting the value of the monument or a component of the cultural landscape of the world heritage, a special national monument or a national monument cluster mentioned in the scientific dossier on the monument ranked, planning for preservation, renovation or restoration of the monument approved by a competent authority that requires repair, renovation or construction in the protective zone or the world heritage area shall comply with regulations applicable to a project on preservation, renovation or restoration of the monument specified in Article 35 of this Law;

b) The repair, renovation, or construction of the single-family house within the protective zone or the world heritage area that is not regulated by point a of this clause shall comply with regulations of the law on construction and the single-family house is only repaired, renovated or constructed after the provincial culture agency grants a written consent.

5. Repair, renovation or construction of a single-family house under point b clause 4 of this Article is regulated as follows:

a) Regarding repair, renovation, or construction of the single-family house, not requiring a construction permit according to regulations of the law on construction, an investor shall be responsible for sending a dossier as per this Law to the provincial culture agency to seek its opinions.

Regarding repair, renovation, or construction of the single-family house, requiring a construction permit according to regulations of the law on construction, an authority having power to issue the construction permit shall be responsible for sending a written statement enclosed with a dossier as per this Law and the law on construction to the provincial culture agency to seek its opinions.

b) Pursuant to clause 2 and clause 3, Article 27 and clause 2 and clause 3 Article 28 of this Law, on the basis of opinions given by a representative, the organization assigned to manage, use the monument, the world heritage, the head of the provincial culture agency shall give written opinions about the satisfaction to requirements for protection and promotion of the value ​​of the monument, the world heritage.

6. The Government shall elaborate assessment of elements affecting the world heritage specified in point b, clause 1; procedures and dossiers for application to the Minister of Culture, Sports and Tourism, the head of the provincial culture agency for their opinions specified in point b and point c, clause 1 of this Article, clauses 2, 3, 4 and 5 of this Article.

Article 30. Projects on investment in construction, construction of works, single-family houses, performance of activities outside protective zones, buffer zones of world heritage areas

1. Projects on investment in construction, construction of works, single-family houses, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities outside protective zones, buffer zones of world heritage areas which are likely to negatively impact original elements constituting monuments, cultural landscape of monuments, world heritage shall be implemented according to regulations of this Law, the law on investment, public investment, construction and other relevant laws. In addition to the above-mentioned regulations, projects on investment in construction, construction of works, single-family houses, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities outside buffer zones of world heritage areas shall comply with UNESCO’s regulations and guidelines.

Before approval for investment guidelines, decision on investment guidelines for projects on investment in construction, construction of works, issuance of permits for construction of single-family houses, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities according to regulations of this Law, implementation of projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities not subject to approval for investment guidelines, decision on investment guidelines or construction of single-family houses not requiring construction permits outside protective zones, buffer zones of world heritage areas, if they are likely to negatively impact original elements constituting monuments or cultural landscape of monuments, world heritage, the cultural authority shall give its written opinions.

2. Projects on investment in construction, construction of works, single-family houses, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities which may negatively impact original elements constituting monuments or cultural landscape of monuments, world heritage shall be implemented outside protective zones, buffer zones of world heritage areas if:

a) They are likely to distort historical events, the life and career of any national hero or historical figure, or negatively impact the cultural landscape of monuments or world heritage;

b) They are likely to damage the planning structure of complexes of architectural and artistic works or negatively impact the architectural shape of single architectural works related to monuments or world heritage;

c) They are being implemented in any area where traces of relics have been discovered, or terrain or cultural landscape related to archaeological monuments or sites, world heritage exists;

d) They are likely to negatively impact the integrity of the value of natural landscape, ecological environment, terrain, geomorphology and other geographical elements containing biodiversity and specific ecosystems, physical traces of periods of the earth's development or architectural works related to scenic spots or world heritage;

dd) They are likely to negatively impact marine resource ecosystems, conservation and preservation of original elements constituting natural value and marine biodiversity, marine environment related to scenic spots and world heritage;

e) They are likely to block works, landscape space of monuments; or cause landslides that change terrain, subsidence of works, monuments, world heritage.

3. Agencies in charge of appraisal of projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities outside buffer zones of world heritage areas, protective zones of special national monuments, national monuments which are likely to negatively impact original elements constituting monuments or cultural landscape of monuments, world heritage shall be responsible for sending written statements enclosed with applications for approval for investment guidelines, decision on investment guidelines for projects, dossiers on projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities to the Ministry of Culture, Sports and Tourism to seek its opinions.

4. Agencies in charge of appraising, licensing projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities outside protective zones of provincial monuments or construction of single-family houses outside buffer zones of world heritage areas, protective zones of special national monuments, national monuments, provincial monuments which are likely to negatively impact original elements constituting monuments or cultural landscape of monuments, world heritage shall be responsible for sending written statements enclosed with applications for approval for investment guidelines, decision on investment guidelines for projects, dossiers on projects on investment in construction, construction of works, use of sea areas for exploitation and use of marine resources, performance of socio-economic activities, construction of single-family houses provincial culture agencies to seek their opinions.

5. The Government shall elaborate clauses 1, 3 and 4 of this Article.

Article 31. Adding, relocating or changing artifacts to/in monuments

1. Addition, relocation or change of an artifact to/in a monument shall adhere to the following principles:

a) It does not change original elements constituting the monument;

b) It does not falsify the content and value of the monument;

c) The artifact that is added, relocated or changed shall be updated to Inventory Table of artifacts at monument.

2. Authority to add, relocate or changing the artifact to/in the monument is regulated as follows:

a) The Ministry of Culture, Sports and Tourism has authority to decide to add, relocate or changing the artifact to/in the special national monument or the world heritage;

b) The provincial culture agency has authority to decide to add, relocate or changing the artifact to/in the national monument, the provincial monument or the monument included in the List of monuments under the public ownership located within its province;

c) The owner of the monument has authority to add, relocate or changing the artifact to/in the provincial monument or the monument included in the List of monuments under the common/private ownership according to the principles specified in clause 1 of this Article;

3. Annually, the provincial culture agency shall review and update the Inventory Table of artifacts at monument and send a report to the provincial People's Committee.

4. The Minister of Culture, Sports and Tourism shall provide for procedures and applications for adding, relocating or changing artifacts to/in monuments specified in clause 2 and elaborate clause 3 of this Article.

Article 32. Organizations and representatives assigned to manage and use monuments

1. An organization shall be assigned to manage and use a monument under the public ownership and responsible to the law for management, protection and promotion of its value.

2. An organization or a representative shall be assigned to manage and use a monument not under the public ownership and responsible to the law for management, protection and promotion of its value.

The representative assigned to manage and use the monument must be a Vietnamese citizen permanently residing in Vietnam, and having full legal capacity and prestige in the residential community.

3. The chairperson of the provincial People's Committee, the Minister, a head of a central authority or organization shall, according to type, scale, value, nature of the monument and practical situation of their province, Ministry, central authority or organization, decide or request a competent authority to decide establishment of an organization assigned to manage and use one or more monuments; an authority managing such organization; decide to delegate responsibilities to a representative assigned to manage and use the monument under their management according to regulations of this Law and other relevant laws.

4. Regarding a monument located in 02 or more provinces or central-affiliated cities, the Chairperson of the People's Committee of each province/city where the monument is located shall decide or request the competent authority to decide the establishment of an organization assigned to manage and use the monument, and decide to delegate responsibilities to a representative assigned to manage and use the monument within its province.

Article 33. Tasks to be performed by organizations assigned to manage and use monuments

1. Organizations assigned to manage and use monuments shall perform tasks in accordance with this Law and other relevant laws.

2. Chairpersons of provincial People's Committees, Ministers, heads of central authorities and organizations assigned to directly manage monuments shall, according to types, scale, value, requirements for protection and preservation of monuments under their management, decide to assign organizations assigned to manage and use monuments to perform all or some tasks. To be specific:

a) Develop programs, plannings for preservation, renovation, and restoration of monuments, plans, proposals, and organize the protection and promotion of value of monuments ​​after competent authorities grant approval;

b) Organize supervision of the status of conservation of monuments and prevent prohibited acts specified in Article 9 of this Law within their assigned responsibilities;

c) Develop and implement programs, plans for, and projects on investment in preservation, restoration, and renovation of monuments.

d) Organize or cooperate in organizing research on and collection of documents and artifacts; display, propagate and promote monuments.

dd) Research and apply science and technology to management, protection and promotion of value of monuments;

e) Organize sightseeing and provide services suitable for each monument; collect, manage and use revenues according to regulations of law;

g) Develop and implement plans for training and refresher training in order to improve professional qualifications for public employees and employees;

h) Participate in management, joint venture, association and supervision of investment, environmental protection, conservation and development of organisms in protective zones; cooperate with relevant authorities to inspect and supervise socio-economic activities performed in protective zones;

i) Cooperate with agencies, organizations, communities and individuals in organizing information and discussions, collecting and giving opinions on plannings, projects, and programs for socio-economic development related to monuments;

k) Organize and run international cooperation programs;

l) Comply with regulations on information and report on protection and management of monuments;

m) Perform other tasks assigned by competent authorities.

Article 34. Planning for preservation, renovation and restoration of monuments

1. Planning for preservation, renovation and restoration of a monument refers to a technical and specialized planning that determines content and measures for preservation, renovation and restoration of original elements constituting the monument, and contains orientations to organization of space in the monument, and items of construction works as prescribed in clauses 1 and 2, Article 28 of this Law.

2. Restoration, preservation and renovation planning is formulate for a world heritage, a special national monument, a national monument cluster or a cluster of national and provincial monuments scattered over a specific geographical area with historical, cultural, scientific and artistic connections, in which the monument protection is integrated with the protection of forest resource, biodiversity, aquatic resource, geological resource, geomorphology, rights and obligations of a community according to regulations of law on planning, cultural heritage, forestry, biodiversity, aquatic resources, geology and minerals and other relevant laws.

3. Chairpersons of Provincial People's Committees, Ministers, heads of central authorities and organizations assigned to directly manage monuments shall approve plannings, adjust plannings for preservation, renovation and restoration of national monument clusters or clusters of national and provincial monuments scattered over specific geographical areas under their management after obtaining appraisal opinions from the Ministry of Culture, Sports and Tourism.

4. The Ministry of Culture, Sports and Tourism shall preside over and cooperate with relevant ministries and central authorities in consideration to request the Prime Minister to approve plannings and adjust plannings for preservation, renovation and restoration of world heritage and special national monuments as requested by Chairpersons of Provincial People's Committees, Ministers, heads of central authorities and organizations assigned to directly manage monuments after receiving appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism.

5. The Government shall elaborate authority, procedures and applications for establishment, appraisal, approval for plannings, and adjustment to plannings for preservation, renovation and restoration of monuments.

Article 35. Projects on preservation, renovation and restoration of monuments

1. Work of preservation, renovation and restoration of a monument refers to a specialized work that must be made into a project on preservation, renovation and restoration of the monument according to economic and technical standards for preservation, renovation and restoration of monuments as prescribed by the Minister of Culture, Sports and Tourism. The project on preservation, renovation and restoration of the monument shall be formulated in one of the following cases:

a) The project shall be formulated after the planning for preservation, renovation and restoration of the monument is approved by the competent authority in accordance with Article 34 of this Law and funding sources, including state budget and other sources, are determined;

b) The monument is degraded, the degradation is confirmed by the culture agency and funding from the state budget has been granted or other funding sources are available according to regulations of law.

The Ministry of Culture, Sports and Tourism shall confirm the degradation of the world heritage, the special national monument or the national monument; the provincial culture agency shall confirm the degradation of the provincial monument or the monument included in the List of monuments.

2. The preservation, renovation and restoration of the monument shall meet the following requirements:

a) Original elements constituting the monument shall be maintained to the maximum;

b) A feasibility study report, an economic-technical report of the preservation, renovation and restoration project shall be made and submitted to the competent authority for approval, except for minor repairs specified in clause 1, Article 36 of this Law;

c) Regulations of law on planning, investment, public investment, construction, cultural heritage, international treaties to which the Socialist Republic of Vietnam is a signatory and other relevant laws shall be complied with.

d) The preservation, renovation and restoration of the monument shall be consistent with the approved socio-economic development plan and relevant plannings; and ensure synchronization of technical infrastructure and harmony between regional landscape and architecture;

dd) Regulations issued by the Minister of Culture, Sports and Tourism on preservation, renovation and restoration of monuments shall be complied with;

e) Contents of preservation, renovation and restoration of the monument shall be publicly announced at the province/city where the monument is located.

3. Projects on preservation, renovation and restoration of monuments shall be appraised before competent authorities decide investment and implementation. Projects on preservation, renovation and restoration of world heritage, special national monuments and large and complex national monuments shall be appraised before competent authorities approve investment guidelines and decide investment guidelines.

The Ministry of Culture, Sports and Tourism shall appraise projects on preservation, renovation and restoration of world heritage, special national monuments, national monuments; provincial culture agencies shall appraise projects on preservation, renovation and restoration of provincial monuments or monuments included in the List of monuments.

Appraisal of projects by the Ministry of Culture, Sports and Tourism and provincial culture agencies shall comply with regulations of this Law and the law on construction. In addition, regarding projects on preservation, renovation and restoration of world heritage, special national monuments and large and complex national monuments, appraisal opinions from the Scientific Council for Monument Conservation established by the Minister of Culture, Sports and Tourism are required before issuance of appraisal documents; regarding projects on preservation, renovation and restoration of world heritage shall be also implemented in accordance with UNESCO's regulations and guidelines.

4. The Government shall elaborate clause 1, point b and point e clause 2 and clause 3 of this Article.

Article 36. Regular preservation, minor repair, urgent renovation of monuments

1. Regular preservation and minor repair of a monument are regulated as follows:

a) Regular preservation refers to an act of inspection, detection and mechanical cleaning for prevention and control of mold, termites, insects, organisms causing harm to architectural components, structures, artifacts, and cultural landscape of the monument;

b) Minor repair refers to an act of minor repair and replacement of architectural components and structures that are not constituents of original elements of the monument, thereby improving natural landscape and environment - ecology to prevent or remedy the degradation of the monument;

c) The representative or organization assigned to manage and use the monument shall, upon regular preservation and minor repair of the monument, comply with technical standards and regulations, and employ qualified and professional personnel; prioritize the use of traditional materials and techniques, and ensure the sustainability and stability of the monument.

2. Urgent renovation of a monument is regulated as follows:

a) The urgent renovation of the monument shall meet the requirements specified in Article 78 of this Law;

b) The urgent renovation shall be made into an economic-technical report in accordance with point b clause 2 Article 35 of this Law, and the report shall be submitted to a competent authority for approval according to regulations in point c of this clause;

c) The Chairperson of the provincial People's Committee, the Minister, the head of central authority or organization shall, within their jurisdiction, approve the economic-technical report on urgent renovation of the monument after obtaining written opinions from the provincial culture agency;

d) The urgent renovation of the monument shall be supervised by the culture agency of province or a representative of the residential community of area where the monument is located.

Article 37. Archaeological planning

1. Archaeological planning is a technical and specialized planning.

2. Archaeological planning refers to identification or determination of an archaeological site or area associated with a proposal for a plan and resources for protection, research, exploration, excavation, and promotion of the value of the archaeological site or area.

3. Subjects to be included in the archaeological planning are underground and underwater archaeological sites or areas where monuments and relics are discovered or which show signs of preserving monuments and relics having historical, cultural or scientific value.

4. The Chairperson of the provincial People's Committee shall organize formulation of and adjustment to a local archaeological planning; approve and adjust the archaeological planning after receiving appraisal opinions from the Ministry of Culture, Sports and Tourism; and publicly announce the planning.

5. The Government shall elaborate authority, procedures and application for formulation, appraisal, approval and adjustment to the archaeological planning.

Article 38. Management and protection of archaeological sites or areas

1. State authorities, organizations and individuals shall be responsible for protecting and promoting value of archaeological sites or areas and archaeological relics according to regulations of this Law and relevant laws.

2. Investors in projects, construction of works at archaeological sites or areas or under the archaeological planning shall be responsible for cooperating with and enabling agencies or organizations eligible for archaeological exploration, excavation as prescribed in clause 6, Article 39 of this Law to carry out archaeological exploration, excavation before and during the project implementation.

3. During implementation of projects and construction of works, if signs of monuments or relics, or monuments or relics are discovered, investors shall suspend construction and be responsible for promptly notifying local culture authorities.

Upon receiving notification, local culture authorities shall promptly take measures to protect archaeological sites, areas, relics, and monuments; if the situation is outside their jurisdiction or projects on investment in construction, construction of works must be partially or fully suspended, such agencies shall send reports to superior authorities for consideration and resolution.

4. If it is necessary to organize archaeological exploration, excavation at a construction area or site, funding for archaeological exploration, excavation is stipulated as follows:

a) Regarding a construction work under the law on public investment, funding for archaeological exploration and excavation is included in the total investment capital for such work;

b) Regarding a construction work other than that specified in point a of this clause, funding for archaeological exploration and excavation shall be granted by the State or derived from private capital.

Article 39. Archaeological exploration and excavation

1. Archaeological exploration and excavation include underground and underwater archaeological exploration and excavation.

2. Archaeological exploration and excavation shall meet the following requirements:

a) The archaeological exploration and excavation shall be consistent with the archaeological planning approved by the competent authority in accordance with Article 37 of this Law, except for cases of discovery of signs of monuments or relics, or monuments or relics according to regulations in clause 3 Article 38 of this Law;

b) A project on archaeological excavation shall be formulated and approved by the competent authority according to regulations in this Law and relevant laws;

c) A license shall be granted by the Minister of Culture, Sports and Tourism.

3. Emergency archaeological exploration and excavation shall be carried out in case where archaeological sites or areas are being destroyed or are at risk of being destroyed. Heads of provincial culture agencies shall issue licenses for underground emergency archaeological exploration and excavation.

4. Archaeological exploration and excavation sites or areas shall be protected. Upon discovery or receipt of a notice or report on the discovery of underwater cultural heritage, the provincial People's Committee shall promptly make a plan, direct and mobilize local forces to protect the safety, security and order of the area where the underwater cultural heritage is discovered; promptly prevent and handle all acts that endanger the safety of underwater cultural heritage; implement other measures for management and protection and submit a report to the Ministry of Culture, Sports and Tourism. If the underwater cultural heritage is determined that it is large and has important historical, cultural and scientific significance, the Prime Minister shall be promptly notified.

5. Relics and antiquities discovered at an archaeological exploration and excavation site or area shall be temporarily protected such archaeological exploration and excavation site or area, and safety and security measures shall be implemented before the competent authority decides a plan to protect and promote their value. In case of development of the plan to protect and promote the value according to point a clause 1 and point b clause 3 Article 45 of this Law, relics and antiquities shall be adjusted, the scientific dossier shall be completed and they shall be put into the temporary archive of a public museum where the archaeological exploration and excavation site or area exists.

6. Agencies and organizations that are allowed to carry out archaeological exploration and excavation include State’s archaeological research authorities; higher education institutions having archaeology disciplines; museums and organizations assigned to manage and use state monuments and having archaeological research functions and tasks; and central associations having archaeological research functions and tasks.

Agencies and organizations carrying out archaeological exploration and excavation may cooperate with foreign organizations and individuals to carry out archaeological exploration and excavation in Vietnam in accordance with regulations of this Law and other relevant laws.

7. A person presiding over archaeological exploration and excavation shall meet the following requirements:

a) Obtaining at least bachelor's degree in archaeology;

b) Gaining at least 5 years of experience in archaeology;

c) Obtaining permission from the Ministry of Culture, Sports and Tourism for presiding over archaeological exploration and excavation as proposed by the agency or organization specified in clause 6 of this Article.

8. The Government shall elaborate point b and point c clause 2, clauses 3, 4, 5 and 6 of this Article.

Section 2. RELICS, ANTIQUITIES, NATIONAL TREASURES

Article 40. Classification and identification of relics and antiquities

1. Relics and antiquities include:

a) Relics and antiquities having historical, cultural and scientific value in different historical periods of Vietnam and of ethnic groups living together in Vietnam;

b) Relics, antiquities, and documents of Vietnam that are valuable to the study of history, culture, and national sovereignty, or relevant to important events of Vietnam or careers of national heroes or historical figures that have had positive influence on the development of the country;

c) Fossil individuals or parts of humans, animals, plants from the prehistoric period of Vietnam;

d) Manuscripts of literary works, original copies of visual artworks and photographic works that have high value in terms of content, ideology and artistic forms and have great influence in society;

dd) Relics and antiquities of foreign origin having historical, cultural and scientific value.

2. Relics and antiquities shall be identified through appraisal conclusions as prescribed in Article 41 of this Law.

3. The Minister of Culture, Sports and Tourism shall elaborate clause 1 of this Article.

Article 41. Appraisal and conditions for appraisal of relics and antiquities

1. Appraisal of a relic or antiquity refers to an act of using knowledge, means, scientific, technical and professional measures to assess and conclude historical, cultural or scientific value, age, and material of the relic or antiquity.

2. The appraisal of the relic or antiquity shall meet the following conditions:

a) Having means and equipment for appraisal;

b) Have at least 03 experts in appraisal of relics and antiquities.

3. Provincial culture agencies and public museums that meet all the conditions specified in clause 2 of this Article, or relic and antique appraising-establishments specified in clause 1, Article 79 of this Law may appraise relics and antiquities and shall be responsible to the law for appraisal results.

4. The provincial culture agency shall issue a certificate of relic and antique appraisal expert to a person with full legal capacity; person who is not currently banned from holding a position or practicing related to cultural heritage according to a judgement or decision issued by a Court; a person who is not currently being criminally prosecuted, detained, or imprisoned; a person who is not currently serving a prison sentence, non-custodial sentence, or is not sent to a compulsory educational establishment/compulsory rehabilitation center, and such person shall meet one of the following standards:

a) Obtain at least a bachelor's degree in one of disciplines or majors related to relics and antiquities; have at least 05 years of direct participation in one or several activities related to: archaeology, collection, preservation, reconstruction of relics and antiquities; have at least 01 scientific article on relics and antiquities published in a scientific journal or participate in compilation of at least 01 monograph on relics and antiquities that has been published.

b) Be a member of a social-professional organization related to relics and antiquities; have at least 10 years of direct participation in one or several activities related to: archaeology, collection, preservation, reconstruction of relics and antiquities; have at least 02 scientific articles on relics and antiquities published in a scientific journal or participate in compilation of at least 02 monographs on relics and antiquities that have been published.

5. The Government shall elaborate procedures and applications for appraisal of relics and antiquities; issuance, re-issuance and revocation of certificates of relic and antique appraisal experts

Article 42. Collection and inventory of relics, antiquities, national treasures

1. Relics, antiquities or national treasures are collected by the following methods:

a) Archaeological supervision, exploration, excavation or collection on the field by State’s agencies and organizations having appropriate functions and tasks;

b) Purchase and sale at prices as agreed, auctions, other forms of transfer of the ownership according to regulations of law;

c) Receipt of relics, antiquities or national treasures transferred from organizations and individuals.

2. Collection of relics, antiquities and national treasures on a national and international basis shall comply with regulations of this Law, other relevant laws and international treaties to which the Socialist Republic of Vietnam is a signatory in order to preserve, maintain and promote the value of the cultural and historical heritage of Vietnam, build up valuable collections for research and education on history, culture, society and legally protect and prove sovereignty over important and valuable cultural and historical heritage of Vietnam.

3. The State is prioritized for collection of relics, antiquities, national treasures according to regulations in clause 1 of this Article.

4. Collection of a relic, antiquity or national treasure shall be made into a dossier, including a collection of scientific and legal documents related to the content and process of discovery and collection of the relic, antiquity or national treasure.

5. After being collected, relics, antiquities and national treasures shall be inventoried to establish legal procedures, clarify contents, meanings, value and status of preservation of relics, antiquities and national treasures, thereby serving management, protection and promotion of value. Relics, antiquities and national treasures shall be inventoried according to point b clause 1 Article 68 and Article 72 of this Law.

Article 43. Registration of relics and antiquities

1. The State encourages organizations and individuals to register relics and antiquities under the common and private ownership with culture agencies of provinces where these organizations register their operations or such individuals reside.

2. Relics and antiquities shall be appraised at agencies or organizations specified in clause 3 Article 41 of this Law before registration.

3. Organizations and individuals owing relics and antiquities that have been registered shall be issued with certificates of registration of relics and antiquities and assisted in display and preservation by provincial culture agencies; enabled to protect and promote value of relics and antiquities; have information on relics and antiquities registered kept confidential (if requested).

4. The Government shall provide for procedures and applications for registration of relics and antiquities and elaborate clause 3 of this Article.

Article 44. Recognition, additional recognition, and derecognition of national treasures

1. A national treasure shall meet all of the following criteria:

a) Be an unique original artifact;

b) Be an artifact with a unique form;

c) Be an artifact that has extremely rare value and is typical of Vietnam in terms of history, culture, science in relation to Vietnam’s important events or the career of a typical national hero or historical figure; a famous artwork in terms of typical ideological, humanistic or aesthetic value for ​​a trend, a style, an era; a typical invention or creation that has high practical value and promotes social development in a certain historical period; or a natural specimen proving periods of formation and development of the history of the earth and the natural history;

d) Be registered as a relic or antiquity according to regulations in Article 43 of this Law;

2. Recognition or additional recognition of a national treasure is regulated as follows:

a) The Chairperson of the provincial People's Committee, the Minister, or the head of the central authority or organization shall direct selection, preparation of a scientific dossier on an artifact proposed for recognition or additional recognition as a national treasure and send such dossier to the Minister of Culture, Sports, and Tourism. In case of an artifact under the common/private ownership, the dossier submitted to the Ministry of Culture, Sports, and Tourism shall contain proposals made by the owner of the artifact;

b) The Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to recognize or additionally recognize a national treasure, and issue a certificate of recognition or additional recognition of national treasure after obtaining appraisal opinions from the Appraisal Council established by the Minister of Culture, Sports, and Tourism.

The dossier submitted to the Prime Minister shall contain written opinions of the National Cultural Heritage Council;

c) The Prime Minister shall decide to recognize or additionally recognize the national treasure, and issue a certificate of recognition or additional recognition of national treasure.

3. Derecognition of a national treasure is regulated as follows:

a) The Chairperson of the provincial People's Committee, the Minister, or the head of the central authority or organization shall direct preparation of an application for derecognition of a national treasure and send the application to the Minister of Culture, Sports, and Tourism;

b) The Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to decide the derecognition of the national treasure, and revoke the certificate of recognition of the national treasure after obtaining appraisal opinions from the Appraisal Council established by the Minister of Culture, Sports, and Tourism.

The application submitted to the Prime Minister shall contain written opinions of the National Cultural Heritage Council;

c) The Prime Minister shall decide to derecognize the national treasure, and revoke the certificate of recognition of national treasure in case the national treasure has been recognized but there is a ground that it no longer meets one of the criteria specified in clause 1 of this Article or it is damaged and unrecoverable.

4. The Government shall elaborate clauses 2 and 3 of this Article.

Article 45. Management of relics, antiquities, national treasures and settlement of relics and antiquities discovered or handed over

1. A relic, antiquity or national treasure shall be managed as follows:

a) The relic, antiquity or national treasure under the public ownership shall be managed in a public museum, monument or State’s agency or organization having appropriate functions and tasks, and must not be traded, purchased, sold, exchanged, given, otherwise transferred to other owners or used as collateral for civil liability;

b) The relic or antiquity under the common/private ownership may be traded, purchased, sold, exchanged, given, otherwise transferred to other owners, used as collateral for civil liability and inherited on a national basis according to regulations of this Law and other relevant laws.

c) The national treasure under the common/private ownership may only be purchased, sold, exchanged, given, otherwise transferred to other owners, and inherited on a national basis according to regulations of this Law and other relevant laws.

Upon transfer of the ownership of the national treasure, the owner of the national treasure shall notify in writing the provincial culture agency where the relic or antiquity has been registered of a new owner;

d) In case of purchase/sale of the relic, antiquity or national treasure under the common/private ownership through an auction, regulations of the law on property auction shall be complied with;

dd) The national treasure shall be protected and preserved according to Article 46 and Article 47 of this Law.

2. Relics, antiquities and national treasures under the public ownership shall be transferred according to regulations in this Law and the law on management and use of public property.

3. A relic or antiquity discovered or handed over shall be settled as follows:

a) If the relic or antiquity is discovered by an organization/individual but its owner cannot be identified, it shall be handed over to a local culture authority. The culture agency of province where the relic or antiquity is discovered shall be responsible for receiving and putting it into the temporary archive of the public museum for preservation and organization of appraisal and sending a report to the Minister of Culture, Sports, and Tourism;

b) According to the value and requirements for protection and promotion of the value of the relic or antiquity, the Minister of Culture, Sports, and Tourism shall decide to transfer the relic or antiquity to the public museum or State’s agency or organization having appropriate functions and tasks;

c) The organization/individual discovering/handing over the relic or antiquity shall have the costs of discovery and preservation reimbursed, be commended and receive a cash bonus according to regulations of law.

4. The relic, antiquity or national treasure collected and kept from illegal search, transport, trade, transfer of ownership, purchase/sale, export or import shall have its ownership determined and be settled according to regulations of law. If the relic, antiquity or national treasure is under the public ownership, the provincial culture agency where the relic, antiquity or national treasure is kept shall be responsible for receiving and putting it into the temporary archive of the public museum for preservation and organization of appraisal and sending a report to the Minister of Culture, Sports, and Tourism.

5. The Government shall provide for bringing relics, antiquities or national treasures abroad and managing national treasures upon transfer of the ownership according to point c clause 1 of this Article and elaborate clauses 3 and 4 of this Article.

Article 46. Requirements for protection and preservation of relics, antiquities, national treasures

1. A relic, antiquity or national treasure under the public ownership shall be protected and preserved as follows:

a) Conditions for personnel, technical equipment and technology shall be fully satisfied in order to control preservation environment, respond to natural disasters, prevent and control fire and explosion, theft and other risks that may affect the security and safety of the relic, antiquity or national treasure;

b) In case the relic, antiquity or national treasure is managed at a public museum or State's agency or organization having appropriate functions and tasks, in addition to requirements specified in point a of this clause, it shall be kept and displayed at a treasure vault or display room.

2. The provincial culture agency and the public museum shall provide guidance on and assistance in protecting and preserving the relic, antiquity or national treasure under the common/private ownership in a manner that is consistent with practical conditions and ensures the promotion of its value.

3. The agency/organization/individual managing and owning a national treasure shall formulate and implement a plan for special protection and assurance of absolute safety of the national treasure.

4. The treasure vault or display room of the relic, antiquity or national treasure specified in point b clause 1 of this Article shall meet all of the following requirements:

a) The treasure vault or display room must be built according to national technical regulations/standards;

b) There must be technical and technological equipment meeting requirements for preservation regarding each type or material of the kept relic, antiquity or national treasure;

c) Conditions for personnel, technical equipment and technology shall be fully satisfied in order to control preservation environment, respond to natural disasters, prevent and control fire and explosion, theft and other elements that may damage the relic, antiquity or national treasure;

d) There must be technical and technological equipment to ensure safety for people directly working at the treasure vault.

Article 47. Preservation and reconstruction of relics, antiquities, national treasures

1. Preservation of a relic, antiquity or national treasure refers to an act of protecting, keeping the relic, antiquity or national treasure, preventing and eliminating harmful elements caused by nature or humans. The preservation shall comply with the following regulations:

a) Arranging the relic, antiquity or national treasure and keeping it in a treasure vault for preservation;

b) Making a document on the current status of relic, antiquity or national treasure and preservation environment;

c) Periodically and regularly preserving the relic, antiquity or national treasure according to general and specific regulations regarding each type/material;

d) Carrying out preventive preservation in a manner consistent with the material of the relic, antiquity or national treasure by measures for preventing and eliminating self-damage or damage caused by nature or humans;

dd) Carrying out treatment preservation by appropriate scientific, technical and technological measures to impact the relic, antiquity or national treasure that is partially damaged or at risk of being completely damaged, in order to eliminate the cause of damage and increase the stability.

2. All relics, antiquities and national treasures that are displayed, kept in treasure vaults or taken out shall be preserved.

3. Relics, antiquities and national treasures that are artifacts of public museums when they are not used for research, preservation or display shall be kept in treasure vaults that meet requirements specified in clause 4, Article 46 of this Law.

4. Reconstruction of a relic, antiquity or national treasure refers to an act of reconstructing the relic, antiquity or national treasure on the basis of scientific and historical data by appropriate measures, techniques and technologies. The reconstruction of the relic, antiquity or national treasure shall make sure that it remains in its original state, not change the nature, shape, color and original characteristics; and ensure historical accuracy and honesty. Traditional materials, techniques and original manufacturing processes are prioritized for reconstruction of the relic, antiquity or national treasure.

5. The agency/organization/individual preserving or reconstructing the relic, antiquity or national treasure shall take measures for ensuring safety for the relic, antiquity or national treasure, thereby preventing risks of damage.

6. Preservation and reconstruction of relics, antiquities and national treasures shall follow procedures, principles and use techniques for preservation and reconstruction and must be suitable to relevant customs, practices and beliefs and relics, antiquities and national treasures shall be preserved and reconstructed by qualified, skilled and experienced people, and by agencies and organizations having appropriate functions and tasks.

7. Documents on processes of preservation and reconstruction and details about reconstruction of relics, antiquities and national treasures shall be kept and included in scientific dossiers on relics, antiquities and national treasures.

Article 48. Display of relics, antiquities, national treasures

1. Display of relics, antiquities, national treasures includes:

a) Regular display and special display at agencies and organizations managing or owing relics, antiquities, national treasures;

b) Time-bound display in Vietnam and foreign countries;

c) Online display.

2. Display of relics, antiquities, national treasures shall meet the following requirements:

a) Be consistent with scope, entities, and operations of agencies and organizations managing or owing relics, antiquities, national treasures

b) Supply information on relics, antiquities, national treasures in a full, clear and accurate manner, and be suitable for visitors;

c) Have appropriate space to serve visitors;

d) Online display shall comply with regulations of this Law and relevant laws.

3. Relics, antiquities and national treasures under the common/private ownership shall be displayed as follows:

a) The State encourages owners to display their collections, relics, antiquities and national treasures to serve visitors who go sightseeing, research and learn collections, relics, antiquities and national treasures;

b) Display of relics, antiquities and national treasures at public museums shall be agreed in writing by owners and public museums according to the civil law and other relevant laws.

Article 49. Protection and promotion of value of relics, antiquities and national treasures in traditional houses, memorial houses, galleries, other cultural institutions

Relics, antiquities and national treasures in traditional houses, memorial houses, galleries, other cultural institutions shall be preserved, displayed and have their value promoted according to regulations of this Law and other relevant laws.

Article 50. Sending relics, antiquities and national treasures for national and international display, research or preservation for a certain period of time

1. Relics, antiquities and national treasures shall be sent for national and international display, research or preservation for a certain period of time in one of the following cases:

a) Serving State-level foreign affairs;

b) Cooperating in organization of display and introduction of Vietnamese cultural heritage;

c) Cooperating in research on relics, antiquities and national treasures;

d) Preserving relics, antiquities and national treasures which cannot be preserved on a national basis or at agencies/organizations/individuals directly managing, owning relics, antiquities and national treasures.

2. A relic, antiquity or national treasure shall be sent for national display, research or preservation for a certain period of time according to the following requirements:

a) Enter into a written agreement on or contract for and make a plan for sending the relic, antiquity or national treasure for display, research or preservation with a receiver;

b) Formulate a plan to ensure security and safety of, and avoid causing damage to the relic, antiquity or national treasure;

c) Have a decision issued by a presiding agency or a written statement provided by an owner regarding the relic or antiquity;

d) Have a decision issued by the Minister of Culture, Sports and Tourism regarding the national treasure.

3. A relic, antiquity or national treasure shall be sent for international display, research or preservation for a certain period of time according to the following requirements:

a) Enter into a written agreement on or contract for and make a plan for sending the relic, antiquity or national treasure abroad with a receiver;

b) Buy insurance for the relic, antiquity or national treasure;

c) Formulate a plan to ensure security and safety of, and avoid causing damage to the relic, antiquity or national treasure;

d) Have a decision issued by the Chairperson of the provincial People's Committee, the Minister, the head of the central authority or organization regarding the relic; a decision issued by the Minister of Culture, Sports and Tourism regarding the antiquity; a decision issued by the Prime Minister regarding the national treasure.

4. If the relic, antiquity or national treasure is borrowed for international display or research, in addition to the requirements specified in clause 3 of this Article, the receiver shall also provide introduction contents or research purposes in accordance with regulations of Vietnamese law and is responsible for paying costs specified in point b and point c, clause 3 of this Article.

5. The agency/organization/individual/family/clan/community directly managing, owning a relic, antiquity or national treasure sent for national and international display, research or preservation for a certain period of time shall be responsible for cooperating with the receiver to ensure security and safety of, and avoid causing damage to the relic, antiquity or national treasure according to regulations of this Law and relevant laws.

6. Regarding a national treasure that is an archived document having special value or a private archive having special value and is sent for national and international display, research or preservation for a certain period of time, in addition to compliance with regulations in clauses 1, 2, 3, 4 and 5 of this Article, written opinions of the agency/organization/individual/family/clan/community assigned to manage or own the national treasure must be given.

7. The Government shall provide for procedures and applications for sending relics, antiquities and national treasures for national and international display, research or preservation for a certain period of time.

Article 51. Recovery, purchase and repatriation of overseas relics, antiquities and national treasures of Vietnamese origin

1. Domestic and foreign organizations and individuals are encouraged to discover and notify overseas relics, antiquities and national treasures of Vietnamese origin to competent authorities; purchase, give and transfer them to the State.

2. The Ministry of Culture, Sports and Tourism shall direct the compilation of lists and determination of the value of overseas relics, antiquities and national treasures of Vietnamese origin; propose plans to recover or purchase, and issue licenses for import of overseas relics, antiquities and national treasures of Vietnamese origin and repatriate them to Vietnam; propose commending organizations and individuals that have discovered and notified overseas relics, antiquities and national treasures of Vietnamese origin to competent authorities or purchased, given or transferred them to the State.

3. In case an overseas relic, antiquity or national treasure is found to be originated from a specific province of Vietnam, the provincial People's Committee shall organize identification, make a list and determine its value; mobilize resources within its jurisdiction or send a proposal to the Ministry of Culture, Sports and Tourism to implement a plan for recovery, purchase and repatriation.

4. Overseas relics, antiquities and national treasures of Vietnamese origin shall be purchased, have their ownership transferred and be handed over in accordance with regulations in point b and point c clause 1 Article 42 of this Law.

5. If a relic, antiquity or national treasure is identified by and a plan to recover or purchase and repatriate it to Vietnam is proposed by the Ministry of Culture, Sports and Tourism, the Prime Minister shall decide the recovery plan or use state budget for purchase and repatriation.

6. Relics, antiquities and national treasures purchased and repatriated to Vietnam by organizations and individuals and then displayed, protected and having their value promoted at museums, traditional houses, memorial houses, galleries, and certified by competent state agencies for non-profit purposes or given or transferred to the State shall be entitled to preferential policies on import duty and value added tax and the costs for purchase and repatriation will be included in valid expenses upon determination of taxable income, other relevant tax and fee incentives according to regulations of the law on tax, fees and charges.

7. The Government shall provide for procedures and applications for issuance of licenses for import of overseas relics, antiquities and national treasures of Vietnamese origin and repatriation to Vietnam in clause 2 of and elaborate clause 6 of this Article.

Article 52. Replicas of relics, antiquities, national treasures

1. Replica of a relic, antiquity or national treasure refers to a product that is made from an original, identical to the original in terms of shape, size, material, color, decoration, other characteristics, bears distinguishable marking and clearly shows the time the replica is made to distinguish it from its original.

2. The replica of the relic, antiquity or national treasure is only made for protection and promotion of its value in case where the relic, antiquity or national treasure is prone to damage and should be restricted from use.

The replica of the relic, antiquity or national treasure is not equivalent to its original and cannot replace the original; and must not be used for profit purposes. When the replica is used, there must be a note stating that it is a replica.

3. Procedures for creation of a replica, materials, techniques and process, quantity, and duration for creation of a replica of a relic, antiquity or national treasure shall be detailed and made into a dossier.

4. The following conditions for creation of a replica of a relic, antiquity or national treasure shall be satisfied:

a) There must be an original for comparison;

b) The replica shall bear a distinguishable marking and the time of creation of the replica shall be clearly written for distinction between the replica and its original;

c) A written consent from the agency/organization/individual/family/clan/community directly managing, owning a relic, antiquity or national treasure shall be granted.

d) A license must be issued by the competent person specified in clause 5 of this Article.

5. Authority to issue a license to create a replica of a relic, antiquity or national treasure is regulated as follows:

a) The Minister of Culture, Sports and Tourism has authority to issue the license to create the replica of the national treasure;

b) The head of provincial culture agency has authority to issue the license to create the replica of the relic or antiquity located within its province.

6. Pursuant to the Government’s regulations, purposes and necessity for creation of replicas of relics, antiquities and national treasures, persons having authority to issue licenses shall decide the quantity of replicas to be created.

7. Products that are same as relics, antiquities and national treasures but contrary to regulations in clauses 1, 2, 3 and 4 of this Article will be considered as counterfeits.

8. The Government shall provide for procedures and applications for issuance of licenses to create replicas; and quantity of replicas of relics, antiquities and national treasures.

Chapter IV

PROTECTION AND PROMOTION OF VALUE OF DOCUMENTARY HERITAGE

Article 53. Classification and criteria for identification of documentary heritage

1. Documentary heritage consists of two components that are information content and information carrier.

2. Documentary heritage includes:

a) Information contents that are expressed in symbols, codes, writing, drawings on information carriers, including leaves, bones, wood, stone, ceramics, papers, plastics, fabric, glass, metal or information carriers of other materials.

b) Information contents that are expressed in sounds or static and movable images on information carriers, including films, photos, records, audio recordings and other original information carriers.

c) Digital information contents on information carriers containing electronic data.

3. Documentary heritage shall be identified according to the following criteria:

a) Its authenticity shall be ensured. To be specific: Original and complete information contents intentionally recorded on an original information carrier shall clearly show its origin, time of creation, development process, storage and ownership;

b) Its originality and uniqueness shall be ensured. To be specific: information contents and form and style of the information carrier shall have typical, unique and rare value for a type, a historical period or a culture of a country, region or the world;

c) Its integrity shall be ensured. To be specific: original information contents and current status of the original information carrier shall be maintained;

d) Its value, meaning and influence shall be ensured. To be specific: information contents shall have the typical historical, cultural, scientific and aesthetic value, be passed down through generations, and mark moments of one or more historical periods associated with locations, events and people; and have influence on the country, region or world.

Article 54. Inventory and List of documentary heritage

1. Documentary heritage identified under the criteria specified in clause 3 Article 53 of this Law shall be inventoried and included in the List of documentary heritage within the scope of management. The List of documentary heritage shall be reviewed and updated every year.

2. The Chairperson of provincial People's Committee, the Minister, or the head of the central authority or organization shall direct and organize inventory, approve and promulgate the List of documentary heritage located within its management; review and remove documentary heritage that no longer meets one of the criteria specified in clause 3 Article 53 of this Law from the List of documentary heritage.

3. The Minister of Culture, Sports and Tourism shall elaborate this Article.

Article 55. List of, criteria for inscription and additional inscription of documentary heritage

1. Documentary heritage shall be inscribed or additionally inscribed in the following lists:

a) National List of documentary heritage;

b) UNESCO’s lists, including Regional Documentary Heritage List and World Documentary Heritage List.

2. Documentary heritage shall be inscribed or additionally inscribed in the National List of documentary heritage when meeting the following criteria:

a) It is included in the List of documentary heritage;

b) It meets the criteria specified in clause 3 Article 53 of this Law;

c) It is preservable and there are feasible measures for preservation;

d) The agency/organization/community/family/clan/group of people/individual agrees, voluntarily nominates, makes a commitment to protect and promote value of documentary heritage.

3. An application to UNESCO for inscription or additional inscription of documentary heritage shall be formulated when such documentary heritage meets the following criteria:

a) It is included in the National List of documentary heritage;

b) It meets the criteria for inscription or additional inscription according to UNESCO’s regulations and guidelines.

Article 56. Inscription, additional inscription and cancellation of inscription of documentary heritage

1. Authority to inscribe or additionally inscribe documentary heritage in the National List of documentary heritage is regulated as follows:

a) The provincial People's Committee, the Ministry, or the central authority/organization shall be responsible for preparing a scientific dossier on documentary heritage within its province or management. The scientific dossier on documentary heritage shall contain appraisal opinions given by an appraisal council established by the Chairperson of the provincial People's Committee, the Minister or the Head of the central authority/organization.

b) The Minister of Culture, Sports and Tourism shall consider deciding inscription, additional inscription, announcement and issuance of a certificate of inscription or additional inscription of documentary heritage in the National List of documentary heritage proposed by the provincial People's Committee, the Ministry or the central authority/organization after obtaining appraisal opinions given by the appraisal council established by the Minister of Culture, Sports and Tourism.

2. Authority to apply for inscription or additional inscription of documentary heritage in UNESCO's lists is regulated as follows:

a) The Chairperson of the Provincial People's Committee, the Minister or the Head of the central authority/organization shall send a written application to the Minister of Culture, Sports and Tourism that will consider submitting it to the Prime Minister to grant permission and assign the provincial People's Committee, the Ministry or the central authority/organization to preside over preparation of a scientific dossier on documentary heritage for application for inscription or additional inscription of documentary heritage in the UNESCO’s Lists.

b) The provincial People's Committee, the Ministry or the central authority/organization is responsible for preparing a scientific dossier on documentary heritage for application for inscription or additional inscription in order to request the Minister of Culture, Sports and Tourism to make appraisal.

c) The Minister of Culture, Sports and Tourism shall consider requesting the Prime Minister to decide application to UNESCO for inscription or additional inscription of Vietnam's documentary heritage after obtaining appraisal opinions given by the appraisal council established by the Minister of Culture, Sports and Tourism. The scientific dossier on documentary heritage submitted by the Ministry of Culture, Sports and Tourism to the Prime Minister shall contain written opinions given by National Cultural Heritage Council.

3. Authority to cancel the inscription is regulated as follows:

a) The Minister of Culture, Sports and Tourism shall decide cancellation of inscription of documentary heritage in the National List of documentary heritage in case such documentary heritage does not meet the criteria specified in clause 2 Article 55 of this Law after obtaining appraisal opinions from the appraisal council established by the Minister of Culture, Sports and Tourism;

b) The cancellation of inscription of Vietnam's documentary heritage in UNESCO's lists shall comply with UNESCO's regulations and guidelines.

4. The Government shall provide for procedures and applications for inscription, additional inscription and cancellation of inscription of documentary heritage specified in this Article.

Article 57. Preservation of documentary heritage

1. Inscribed documentary heritage shall be preserved as follows:

a) Making a document on the current status of documentary heritage and preservation environment;

b) Regularly preserving documentary heritage according to general and specific regulations applied to documentary heritage;

c) Carrying out preventive preservation by measures for promptly preventing and limiting self-damage or damage caused by nature or humans;

d) Carrying out treatment preservation by appropriate scientific and technical measures and others to eliminate the cause of damage and partially restore the damaged documentary heritage;

dd) Converting documentary heritage to digital documentary heritage, updating, and backing documentary heritage up on the national database so as to serve management, protection, and promotion of its value ​​on electronic environment according to regulations of this Law, the Law on Access to Information, the Law on Intellectual Property, and other relevant laws.

2. An archival room of documentary heritage shall meet the following requirements:

a) It must be built in a manner that meets requirements for protection and preservation and is consistent with the type and material of the documentary heritage;

b) Conditions for personnel, technologies and techniques necessary for protection and preservation of the documentary heritage shall be satisfied;

c) Science and technology shall be applied to preservation in a manner that meets requirements for protection and preservation of the documentary heritage;

d) The archival room shall be closely protected and safety and security shall be ensured according to regulations of law; technical equipment and devices necessary for supervision, prevention and control of theft, natural disasters, fire, damage and other elements that can cause damage to documentary heritage shall be fully provided.

3. Audio and visual documentary heritage shall be preserved in specialized archival rooms in a manner that meets temperature and humidity standards, is appropriate to their types and materials, and complies with technical standards; they shall be periodically inspected, preserved and repaired according to regulations of clause 1 of this Article by specialized equipment, in accordance with regulations of this Law and other relevant laws.

4. Digital documentary heritage shall be stored in such a way to comply with standards for data structure integrity, uniformity, authentication and file sizes and updated on the national information management system, data shall be regularly backed up and safety, security and accessibility on electronic environment shall be ensured in accordance with regulations of this Law, the Law on Access to Information, the Law on Intellectual Property, and other relevant laws.

5. Documentary heritage under the public ownership shall be preserved according to regulations in clauses 1, 2, 3 and 4 of this Article; regarding documentary heritage included in UNESCO's lists, a plan for special protection shall be formulated and implemented.

6. Documentary heritage under the common/private ownership shall be preserved at the site or in an appropriate manner; State’s agencies having relevant functions shall provide their assistance in and guidance on preservation of documentary heritage within their capabilities and according to practical situation to protect and promote the value of documentary heritage.

7. The Minister of Culture, Sports and Tourism shall elaborate clause 2 of this Article.

Article 58. Research and collection of documentary heritage

1. Each agency/organization/community/family/clan/individual is entitled to research and collect documentary heritage on a national and international basis in conformity with their functions, tasks and powers according to regulations of this Law, the Law on Access to Information, the Law on Intellectual Property and relevant laws.

2. The documentary heritage may be collected through fieldwork, gathered, received, transferred, given, purchased/sold, exchanged, have its ownership transferred or collected by other forms according to regulations of this Law, the Law on Intellectual Property and relevant laws.

3. After being collected, the documentary heritage shall be technically processed; a dossier on documentary heritage shall be formulated, completed and managed.

4. Procedures and applications for research and collection of documentary heritage shall comply with regulations issued by the Minister of Culture, Sports and Tourism.

Article 59. Reconstruction of documentary heritage

1. The inscribed documentary heritage will be reconstructed in case it is damaged or at risk of damage.

2. The documentary heritage under the public ownership is reconstructed as follows:

a) There must be a plan to reconstruct the documentary heritage approved by the Chairperson of the provincial People's Committee after receipt of appraisal opinions from the provincial culture agency in case of the local documentary heritage included in the National List of documentary heritage and from the Ministry of Culture, Sports and Tourism in case of the documentary heritage included in UNESCO's lists of documentary heritage;

b) The reconstruction of documentary heritage shall ensure accuracy and originality of original information contents and materials and forms of original information carriers. The documentary heritage shall be reconstructed by qualified, skilled and experienced people or agencies and organizations having appropriate functions and tasks, and traditional materials, techniques and original manufacturing and creation processes are prioritized for reconstruction of the documentary heritage;

c) The reconstruction of documentary heritage shall comply with regulations of Articles 47 and 57 of this Law, the Law on Intellectual Property and other relevant laws.

3. Audio and visual documentary heritage shall be assessed, a plan for reconstruction, calibration of images and colors, and audio processing on a scientific basis shall be formulated, and such audio and visual documentary heritage shall have their storage format converted and be updated into the national database according to regulations of this Law, the Law on Intellectual Property, and other relevant laws.

4. Digital documentary heritage shall be researched and reconstructed by technical means on electronic environment according to regulations of this Law, the Law on Intellectual Property and converted in a manner that is consistent with technology changes and meets the requirements of the law on cyberinformation security and other relevant laws.

5. State’s agencies and organizations having relevant functions and tasks shall assist reconstructing the inscribed documentary heritage under the common/private ownership within their capacities.

Article 60. Management, protection and promotion of value of documentary heritage

1. The documentary heritage under the public ownership shall be managed, protected and have its value promoted in State’s agencies and organizations having appropriate functions and tasks, and must not be traded, purchased, sold, exchanged, given, otherwise transferred to other owners or used as collateral for civil liability;

2. The documentary heritage under the common/private ownership may be traded, purchased, sold, exchanged, given, otherwise transferred to other owners, used as collateral for civil liability and inherited on a national basis according to regulations of this Law and other relevant laws.

Upon transfer of the ownership of the documentary heritage under the common/private ownership, the owner of the documentary heritage shall notify in writing the provincial culture agency where the documentary heritage has been registered of a new owner;

3. The documentary heritage included in the List of documentary heritage shall be protected and have its value promoted according to regulations in Articles 57, 58, 59 and 60 of this Law.

4. The management, protection and promotion of value of documentary heritage included in the National List and UNESCO’s lists shall properly fulfill commitments on management, protection and promotion of value of documentary heritage ​​according to regulations of this Law, the Law on Intellectual Property, other relevant laws and international treaties to which the Socialist Republic of Vietnam is a signatory.

5. The documentary heritage shall have its value promoted by one of the following methods:

a) Publicly announcing and introducing List of documentary heritage, list of documentary heritage inscribed, projects and plans relevant to protection and promotion of value of the documentary heritage;

b) Publishing publications; displaying and exhibiting documentary heritage in person, online and by other forms;

c) Exchanging documentary heritage and giving cooperation and other forms according to regulations of law.

6. The Government shall elaborate clause 2 of this Article.

Article 61. Project, plan and periodic reports on protection and promotion of value of documentary heritage that has been inscribed

1. A project on or plan for protection and promotion of value of documentary heritage that has been inscribed shall contain the following contents:

a) Research on and assessment of potential negative impacts on the authenticity of information contents and the originality of information carriers;

b) Research, collection and establishment of the database on documentary heritage;

c) Communication and promotion of documentary heritage on mass media, electronic environment and other forms;

d) Assistance in protection and promotion of documentary heritage, especially case where the documentary heritage is damaged or at risk of damage.

2. The Chairperson of provincial People's Committee, the Minister or the Head of central authority or organization shall be responsible for formulating and approving the project or plan for protection and promotion of value of documentary heritage included in the National List of documentary heritage within their management after obtaining appraisal opinions from the Minister of Culture, Sports and Tourism.

3. The Prime Minister shall consider approving the project or plan for protection and promotion of value of documentary heritage included in UNESCO’s lists on the basis of written opinions given by the Minister of Culture, Sports and Tourism.

4. The Minister of Culture, Sports and Tourism shall appraise the project or plan for management, protection and promotion of value of documentary heritage; provide guidance on preparation of reports; prepare and send national reports as requested by UNESCO.

5. The Government shall elaborate clauses 2 and 4 of this Article.

Article 62. Sending documentary heritage inscribed for national and international display, research or preservation; repatriating documentary heritage of Vietnamese origin

1. Documentary heritage inscribed shall be sent for national and international display, research or preservation in one of the following cases:

a) Serving State-level foreign affairs;

b) Cooperating in research, organization of display and introduction of Vietnamese cultural heritage;

c) Preserving documentary heritage in case the agency/organization/family/clan/individual owning, managing such documentary heritage is not capable of preserving it.

2. When the documentary heritage is sent for national and international display, research or preservation, the following requirements shall be satisfied:

a) Enter into a written agreement on or contract for and make a plan to protect safety for sending the documentary heritage for display, research or preservation with a receiver;

b) Have a decision or a written consent from the agency/organization/individual/family/clan/community directly managing, owning the documentary heritage;

c) Buy insurance in case the documentary heritage is sent abroad;

d) Have a decision issued by the Chairperson of the provincial People's Committee, the Minister, the head of the central agency or organization regarding the documentary heritage included in the National List of documentary heritage; a decision issued by the Prime Minister regarding the documentary heritage included in UNESCO’s lists;

dd) Prepare and submit a report to the Ministry of Culture, Sports and Tourism.

3. If the documentary heritage is borrowed for display or research, in addition to the requirements specified in clause 2 of this Article, the receiver shall also provide introduction contents or research purposes in accordance with regulations of Vietnamese law and is responsible for paying costs of safety protection and insurance specified in point a and point c, clause 2 of this Article.

4. Domestic and foreign organizations and individuals are encouraged to discover and notify the overseas and valuable documentary heritage of Vietnam origin to competent authorities; purchase, give and transfer such documentary heritage to the State. The State will prioritize the use of state budget for purchase and repatriation of the valuable documentary heritage of Vietnam origin from foreign countries to Vietnam. Documentary heritage purchased and repatriated to Vietnam by organizations and individuals and then given and transferred to the State shall be entitled to preferential policies on import duty and value added tax and the costs for purchase and repatriation will be included in valid expenses upon determination of taxable income, other relevant tax and fee incentives according to regulations of the law on tax, fees and charges.

Article 63. Copy of documentary heritage

1. A copy of documentary heritage refers to a product made from its original, and identical to the original in terms of information content and information carrier.

2. The copy of the documentary heritage is only made for protection and promotion of its value in case where the documentary heritage is prone to damage and should be restricted from use.

3. Procedures for making a copy, materials, quantity, and duration for making a copy of documentary heritage shall be detailed and made into a dossier.

4. The following conditions for making a copy of documentary heritage shall be satisfied:

a) There must be an information content original for comparison;

b) The copy shall bear distinguishable marking and the time of making the copy shall be clearly written for distinction between the copy and its original;

c) A written consent from the agency/organization/individual/family/clan/community directly managing, owning the documentary heritage shall be granted;

d) A license shall be issued by a competent authority.

5. The copy of the documentary heritage is not equivalent to its original and cannot replace the original; and must not be used for profit purposes. When the copy is used, there must be a note stating that it is a copy.

6. Copies of audio, visual and digital documentary heritage shall be made in accordance with regulations in clauses 1, 2, 3 and 4 of this Article and other relevant laws.

7. The copy of documentary heritage that is an archived document and included in UNESCO’s lists shall be made according to regulations of this Law and relevant laws.

8. Pursuant to the Government’s regulations, purposes and necessity for making copies of documentary heritage, persons having authority to issue licenses shall decide the quantity of copies to be made.

9. Products that are same as documentary heritage but contrary to regulations in clauses 1, 2, 3 and 4 of this Article will be considered as counterfeits.

10. The Government shall provide for authority to issue, procedures and applications for issuance of licenses to make copies; and quantity of documentary heritage copies to be made.

Chapter V

MUSEUMS

Article 64. System of Vietnam’s museums

1. A system of Vietnam's museums includes:

a) public museums invested and having their operations maintained by the State, which will act as owner's representative and organized as public service providers or organized in a manner that is consistent with models of supervisory agencies and organizations;

b) non-public museums invested and having their operations maintained by Vietnamese organizations and individuals, overseas Vietnamese people, foreign organizations and individuals and organized as enterprises, non-public service providers or in other models.

2. Each museum has its own seal and account according to regulations of law.

Article 65. Establishment of public museums

1. A pubic museum shall be established when the following conditions are satisfied:

a) It has artifacts or artifact collections according to one or more themes;

b) It has a display room, warehouse and technical and technological equipment or there is a project on construction, renovation and upgradation of architectural works, technical infrastructure and indoor and outdoor displays in conformity with the protection and promotion of the value of artifacts and artifact collections specified in point a of this Clause and other regular operations conducted by the museum, appraised and approved by a competent authority.

c) It has personnel whose qualifications are appropriate for the museum's operations.

2. Authority to establish, procedures and application for establishment of the public museum are regulated as follows:

a) With regard to a museum that is a public service provider, authority to establish, procedures and application for establishment of the museum shall comply with regulations of the law on public service providers;

b) With regard to a museum other than that specified in point a of this clause, authority to establish, procedures and application for establishment of the museum shall comply with regulations of the amended law on establishment of supervisory agencies and organizations of museums;

c) The Ministry of Culture, Sports and Tourism shall issue a certificate of eligibility for establishment of the public museum specified in clause 1 of this Article.

Article 66. Merger, consolidation, division or dissolution of public museums

1. Regarding merger, consolidation, division or dissolution of a public museum, there must be a plan to manage assurance of safety and security for artifacts and dossiers on inventory of artifacts of the museum.

2. Agencies/organizations/persons having authority to establish public museums shall decide merger, consolidation, division or dissolution of public museums according to regulations of the law on public service providers or the amended law on supervisory agencies and organizations of museums.

Article 67. Issuance, re-issuance and revocation of licenses to operate non-public museums

1. A license to operate a non-public museum shall be issued when the following conditions are satisfied:

a) There are artifacts or artifact collections according to one or more themes; such artifacts are relics or antiquities that have been registered according to Article 43 of this Law;

b) There are display rooms to serve visitors;

c) An organization or operation project shall be set up.

2. The issuance, re-issuance or revocation of the non-public museum operation license is regulated as follows:

a) The non-public museum operation license is issued to the organization/individual meeting all the conditions specified in clause 1 of this Article;

b) The non-public museum operation license is reissued in case it is damaged or lost;

c) The non-public museum operation license is revoked when the museum voluntarily dissolves; or violates regulations in one of Clauses 3, 4, 7, 10, 11 and 12 Article 9 of this Law; or no longer meets the conditions for operation specified in point a or point b clause 1 of this Article; or has its operations permanently terminated according to regulations of law; or in other cases in accordance with the law on enterprises and relevant laws.

3. Heads of provincial culture agencies shall decide issuance, re-issuance or revocation of licenses to operate non-public museums located within their provinces.

4. The Government shall elaborate this Article.

Article 68. Tasks of museums

1. A museum has the following tasks:

a) Conduct study and apply science and technology to protection and promotion of value of cultural heritage;

b) Collect, inventory, document, preserve, reconstruct and manage artifacts for which the museum is responsible;

c) Display artifacts at the museum or on electronic environment; organize national and international displays;

d) Explain, communicate and educate on cultural heritage for which the museum is responsible;

dd) Develop, provide training and refresher training for personnel of the museum;

e) Manage its facilities and technical equipment;

g) Implement international cooperation in accordance with regulations of law;

h) Organize cultural activities appropriate to nature, contents, target audience and scope of operation of the museum;

i) Provide services specified in Article 77 and Article 81 of this Law; collect and use sightseeing prices and fees in accordance with regulations of law;

k) Perform other tasks prescribed by law.

2. The Minister of Culture, Sports and Tourism shall elaborate points a,b,c,d and dd clause 1 of this Article.

Article 69. Ranking or re-ranking museums and authority to rank or re-rank museums

1. A museum shall be ranked according to the following criteria:

a) Quantity and value of artifacts or artifact collections;

b) Quality of inventory, preservation, display, education and communication;

c) Facilities and technical equipment;

d) Level of standardization of professional personnel;

dd) Efficiency in operations.

2. Museums are ranked as follows:

a) Rank-I museums;

b) Rank-II museums;

c) Rank-III museums.

3. A museum will be re-ranked as follows:

a) The interval between two ranking times of a museum shall be 05 years from the date on which the prevision ranking decision is issued;

b) If the museum is qualified for a higher rank, it will be considered to be re-ranked by the deadline.

4. Authority to rank or re-rank museums is regulated as follows:

a) The Chairperson of the provincial People's Committee, the Minister, or the head of the central authority or organization shall direct preparation and appraisal of an application for ranking or re-ranking museums and submit the application to the Ministry of Culture, Sports and Tourism; decide to rank or re-rank rank-II museums and rank-III museums after obtaining written opinions from the Minister of Culture, Sports and Tourism;

b) The Minister of Culture, Sports and Tourism shall consider the application for ranking or re-ranking museums, conduct on-site inspections, decide to rank or re-rank rank-I museums and give written opinions about ranking or re-ranking rank-II museums and rank-III museums.

5. The Government shall provide for criteria, procedures and applications for ranking or re-ranking museums.

Article 70. Investment in construction, renovation and upgradation of architectural works, technical infrastructure and displays at public museums

1. Investment in construction, renovation and upgradation of architectural works, technical infrastructure and displays at public museums shall comply with regulations of this Law, laws on public investment, construction and other relevant laws and the following requirements shall be satisfied;

a) There must be display outlines approved by competent authorities after receipt of written consent from the Minister of Culture, Sports and Tourism on the basis of opinions given by the Scientific Council for Museums established by the Minister of Culture, Sports and Tourism.

Display outlines shall be approved before feasibility study reports or economic-technical reports of projects on investment in construction, renovation and upgradation of architectural works, technical infrastructure and displays at public museums are approved. Regarding projects for which investment guidelines must be decided, display outlines shall be approved before decisions on investment guidelines are issued;

b) Conditions for security and safety for artifacts, management and use of museums shall be satisfied and museums shall perform their tasks in accordance with regulations in clause 1 Article 68 of this Law;

c) Dossiers on projects on investment in construction, renovation and upgradation of architectural works, technical infrastructure and displays at public museums shall be appraised by presiding agencies and enclosed with written statements submitted to the Ministry of Culture, Sports and Tourism to seek their opinions before requesting competent authorities to grant approval according to this Law and relevant laws.

2. The Government shall elaborate this Article.

Article 71. Collection of artifacts by museums

1. Museums are entitled to collect domestic and foreign artifacts appropriate to contents, target audience and scope of operations.

2. Museums shall organize collection of artifacts by the methods specified in clause 1 Article 42 of this Law and by purchase/sale of relics or antiquities in accordance with Article 80 of this Law.

3. Collection of artifacts shall comply with regulations of this Law, other relevant laws and international treaties to which the Socialist Republic of Vietnam is a signatory.

Article 72. Inventory and documentation of artifacts of museums

1. Inventory and documentation of artifacts of museums include:

a) Receipt, classification, registration, arrangement, and supervision of export, import and status of preservation of artifacts;

b) Formulation and management of dossiers related to artifacts;

c) Addition of information on artifacts;

d) Research and development of artifact collections;

dd) Establishment of a system of artifact lookup notes;

e) Computerization of systems for managing artifacts

2. Dossiers on inventory and documentation of artifacts shall be prepared, managed and stored in the written/electronic form.

Article 73. Preservation of artifacts of museums

1. Preservation of artifacts of a museum includes:

a) Arranging artifacts and keeping them in an artifact vault for preservation;

b) Making a document on current status of each artifact and preservation environment;

c) Organizing periodical/preventive/treatment preservation of artifacts.

2. All artifacts that are displayed, kept in the artifact vault or taken out the museum shall be preserved.

3. The preservation of artifacts of the museum shall follow procedures and principles, use techniques for preservation and be suitable to customs, practices and beliefs related to artifacts.

Article 74. Display of artifacts and introduction of intangible cultural heritage of museums

1. Display of artifacts and introduction of intangible cultural heritage of a museum include:

a) Regular and special displays at the museum;

b) Time-bound display in Vietnam and foreign countries;

c) Online display;

d) Introduction of intangible cultural heritage.

2. Display of artifacts and introduction of intangible cultural heritage of the museum shall comply with the following regulations:

a) Be appropriate to contents, target audience and scope of operations;

b) Focus on display of original artifacts; the artifact information and display contents shall be full, clear and accurate;

c) Documentary heritage, relics, antiquities, national treasures that have been reconstructed, replicas of relics, antiquities, national treasures and copies of documentary heritage shall be fully explained;

d) The introduction of intangible cultural heritage shall be consistent with the display;

dd) Facilitate sightseeing and maintain security and safety for artifacts and visitors;

e) Conform to regulations of law.

Article 75. Education

1. Education includes:

a) Guidance on sightseeing; organization of experience activities;

b) Organization of education programs;

c) Organization of scientific discussions, seminars and specialized talks.

2. The education shall be appropriate to contents, target audience and scope of operations; and meet the public’s demands for learning and enjoyment of culture.

Article 76. Communication

1. Communication includes:

a) Introduction of contents and operations of museums on mass media and electronic environment;

b) Organization of programs for promotion and development of public relations;

c) Collection of public opinions on assessment of operations conducted by museums;

d) Establishment of a network of relevant organizations/individuals for development of operations on a national and international basis;

dd) Development of souvenirs and publications of museums.

2. The communication shall be appropriate to contents, target audience and scope of operations; and comply with regulations of law.

Article 77. Services

1. Services include:

a) Provision of information and documents on cultural heritage;

b) Organization of culture, education, sports and tourism activities

c) Provision of advice on techniques and professional operations of museums;

d) Appraisal of relics and antiquities;

dd) Documentation of intangible cultural heritage; research and provision of advice on establishment of scientific dossiers on monuments;

e) Provision of souvenir services and products and cultural products of museums;

g) Preservation, reconstruction and creation of replicas of relics, antiquities, national treasures and copies of documentary heritage; provision of services related to utilization and access to cultural heritage in accordance with Article 88 of this Law;

h) Cooperation in archaeological excavation;

i) Cooperation in refresher training in museums;

k) Delivery and storage of artifacts, documents on intangible cultural heritage, relics, antiquities, national treasures, documentary heritage;

l) Establishment of souvenir shops, provision of food, beverage, rest, entertainment-related services and other services.

2. Museum services specified in clause 1 of this Article shall comply with regulations of this Law and relevant laws.

3. Public museums are entitled to use public facilities and property to provide services specified in clause 1 of this Article, in accordance with this Law, the law on management and use of public property and other relevant laws.

4. The Minister of Culture, Sports and Tourism shall elaborate point k, clause 1 of this Article.

Chapter VI

CULTURAL HERITAGE-RELATED SERVICE BUSINESS

Article 78. Business that involves preservation, renovation and restoration of monuments

1. Organizations and individuals may do business that involves preparation of plannings for preservation, renovation and restoration of monuments; production of projects and economic and technical reports on preservation, renovation and restoration of monuments; designs in preservation, renovation and restoration of monuments; execution of preservation, renovation and restoration of monuments; provision of advice on supervision of execution of preservation, renovation and restoration of monuments according to regulations of this Law, laws on investment and enterprises and relevant laws, and shall be granted certificates of eligibility to practice preservation, renovation and restoration of monuments and certificates of practicing preservation, renovation and restoration of monuments.

An organization doing business that involves preparation of a planning for preservation, renovation and restoration of monuments; production of a project/economic and technical report on preservation, renovation and restoration of monuments; design in preservation, renovation and restoration of monuments; execution of preservation, renovation and restoration of monuments; provision of advice on supervision of execution of preservation, renovation and restoration of monuments shall comply with regulations applicable to each business line. To be specific:

a) Regarding the preparation of the planning for preservation, renovation and restoration of monuments, the organization shall be eligible to practice production of a construction planning design according to the law on construction and at least 02 individuals of the organization are granted certificates of practicing preparation of plannings for preservation, renovation and restoration of monuments;

b) Regarding the production of the project/economic and technical report on preservation, renovation and restoration of monuments, the organization shall be eligible to practice construction design according to the law on construction and at least 02 individuals of the organization are granted certificates of practicing production of projects on preservation, renovation and restoration of monuments;

c) Regarding the design in preservation, renovation and restoration of monuments, the organization shall be eligible to practice construction design according to the law on construction and at least 02 individuals of the organization are granted certificates of practicing design in preservation, renovation and restoration of monuments;

d) Regarding the execution of preservation, renovation and restoration of monuments, the organization shall be capable of executing construction according to the law on construction and at least 02 individuals of the organization are granted certificates of practicing execution of preservation, renovation and restoration of monuments;

dd) Regarding the provision of advice on supervision of execution of preservation, renovation and restoration of monuments, the organization shall be capable of providing advice on supervision of execution of construction according to the law on construction and at least 02 individuals of the organization are granted certificates of practicing provision of advice on supervision of execution of preservation, renovation and restoration of monuments;

2. The Government shall elaborate conditions, authority, procedures and applications for issuance, re-issuance and revocation of certificates of eligibility to practice preservation, renovation and restoration of monuments; certificates of practicing preparation of plannings for preservation, renovation and restoration of monuments; certificates of practicing production of projects/economic and technical reports on preservation, renovation and restoration of monuments, design in preservation, renovation and restoration of monuments; certificates of practicing execution of preservation, renovation and restoration of monuments; certificates of practicing provision of advice on supervision of execution of preservation, renovation and restoration of monuments.

Article 79. Business that involves appraisal of relics and antiquities

1. Organizations and individuals may do business that involves appraisal of relics and antiquities in accordance with this Law and laws on investment and enterprises and relevant laws.

An organization doing business that involves appraisal of relics and antiquities shall meet the following conditions:

a) Has a head office that meets conditions for storage and preservation of relics and antiquities to be appraised;

b) Be equipped with equipment and means for appraisal;

c) Employ at least 03 experts in appraisal of relics and antiquities that meet standards specified in clause 4 Article 41 of this Law;

d) Be issued with a certificate of eligibility to do business that involves appraisal of relics and antiquities by a competent authority.

2. The Government shall elaborate conditions, authority, procedures and applications for issuance, re-issuance and revocation of certificates of eligibility to do business that involves appraisal of relics and antiquities.

Article 80. Business that involves relics and antiquities

1. Each organization/individual may do business that involves relics and antiquities; preservation and reconstruction of relics and antiquities; digitization and establishment of a database on relics and antiquities in accordance with this Law, laws on investment and enterprises, relevant laws and the following conditions shall be satisfied:

a) In case of a business establishment, it shall be issued with a certificate of eligibility for investment in business that involves relics and antiquities;

b) In case of an establishment’s owner or a legal representative, he/she shall be issued with a certificate of practicing business that involves relics and antiquities;

c) It has a head office that meet conditions for storage, preservation and display of relics and antiquities, equipment and techniques appropriate to its registered business line.

2. The Government shall elaborate conditions, authority, procedures and applications for issuance, re-issuance and revocation of certificates of eligibility to do business that involves relics and antiques and certificates of practicing business that involves relics and antiquities.

Article 81. Business that involves museum services

1. Each agency/organization/individual may do business that involves museum services in accordance with this Law and laws on investment and enterprises and relevant laws and shall meet one of the following conditions:

a) Be entitled to establish a public museum in accordance with Article 65 of this Law;

b) Be issued with a license to operate the museum in accordance with Article 67 of this Law;

2. The business that involves museum services shall be consistent with tasks of museums according to Article 68 of this Law.

Chapter VII

CONDITIONS FOR MAINTENANCE OF PROTECTION AND PROMOTION OF VALUE OF CULTURAL HERITAGE

Article 82. Sources of funding for protection and promotion of value of cultural heritage

1. State budget allocated from frequent expenditures and expenditures on investment in development of Ministries, ministerial agencies, Governmental agencies, central and local authorities and organizations in accordance with the law on state budget.

2. Revenues from utilization and access to cultural heritage and services according to regulations of law.

3. Sources of aid, assistance, donation or contribution from domestic and foreign organizations and individuals as per by law; Cultural Heritage Conservation Funds.

4. Other lawful funding sources.

Article 83. State budget for protection and promotion of value of cultural heritage

1. State budget is allocated to the following tasks:

a) Researching, collecting, documenting, practicing, teaching, inventorying, preparing scientific dossiers on, ranking, recognizing and inscribing cultural heritage; recognizing national treasures;

b) Implementing measures, programs and projects on management, protection and promotion of value of cultural heritage; zoning and planting boundary markers at protective zones; preserving, restoring, renovating, maintaining, repairing, reconstructing and urgently renovating historical and cultural monuments, museums, display rooms at public museums, vaults, museum artifacts, relics, antiquities, national treasures, documentary heritage;

c) Formulating, appraising, approving, announcing, adjusting, assessing plannings for preservation, renovation or restoration of monuments and archaeological plannings; setting up, appraising and carrying out projects on preservation, renovation or restoration of monuments; appraising and implementing projects on investment in construction, improvement and upgradation of works and display at public museums; and projects on reconstruction of documentary heritage;

d) Developing and carrying out national action programs, reports, schemes and projects on protection and promotion of value of cultural heritage;

dd) Appraising relics, antiquities, documentary heritage; collecting relics, antiquities, national treasures, documentary heritage; purchasing and repatriating overseas relics, antiquities, national treasures, documentary heritage of Vietnam origin to Vietnam in the cases specified in clause 4 Article 51 and clause 4 Article 62 of this Law; sending relics, antiquities, national treasures and documentary heritage for national and international display; receiving and repatriating relics, antiquities, national treasures and documentary heritage collected from illegal search, purchase, sale, transport, export, import from foreign countries to Vietnam;

e) Performing tasks of organizations assigned to manage and use monuments under the public ownership and public museums;

g) Carrying out archaeological exploration, excavation and conducting research on processing of results of archaeological exploration and excavation;

h) Assisting artisans and subjects of intangible cultural heritage, persons directly in charge of historical and cultural monuments, and individual owners of documentary heritage inscribed by UNESCO in accordance with law;

i) Providing training and refresher training for human resources; conducting scientific research on and international cooperation in protection and promotion of value of cultural heritage;

k) Disseminating, introducing and promoting cultural heritage;

l) Running projects on investment in application of information technology and digital transformation; maintaining, upgrading and expanding systems for applying information technology and digital transformation to protection and promotion of value of cultural heritage;

m) Conducting operations of appraisal councils, scientific councils and professional councils for cultural heritage and National Cultural Heritage Council in accordance with this Law;

n) Perform other tasks according to regulations of law.

2. The Government shall elaborate tasks and expenditures on protection and promotion of value of cultural heritage in this Article.

Article 84. Provision of training and refresher training for personnel in charge of management, protection and promotion of value of cultural heritage

1. Personnel in charge of management, protection and promotion of value of cultural heritage shall be entitled to training and refresher training appropriate to their tasks in accordance with regulations of law; and benefits as per by law, especially personnel living ethnic minority and mountainous areas.

2. Non-state-budget salaried personnel participating in management, protection and promotion of value of cultural heritage shall be entitled to financial support for training and refresher training, benefits from revenues from access to and utilization of cultural heritage and other benefits and policies according to regulations of law.

3. The Minister of Culture, Sports and Tourism shall elaborate programs, documents, organization of training and refresher training for personnel in charge of management, protection and promotion of value of cultural heritage.

Article 85. National database on cultural heritage and digital transformation in the cultural heritage sector

1. National database on cultural heritage shall be established to store, manage, protect, access and promote value of cultural heritage, thereby serving socio-economic development in accordance with regulations of the law on data, the law on electronic transactions and other relevant laws.

2. The Prime Minister shall approve the national database on cultural heritage in accordance with regulations of the law on data and other relevant laws.

3. The Ministry of Culture, Sports and Tourism shall be responsible for establishing, managing, operating, updating, maintaining and providing guidance on access to and use of the national database on cultural heritage.

4. Agencies, organizations and individuals shall be responsible for organizing establishment of databases on cultural heritage within their jurisdiction; and ensuring that such databases are integrated, linked and connected with the national database on cultural heritage and meet requirements for security, safety and confidentiality in accordance with law.

5. Establishment, update, maintenance, access to and use of the national database on cultural heritage; the validity of the converted data on intangible cultural heritage and documentary heritage shall comply with regulations of the law on data and the law on electronic transactions.

6. It is required to study and develop projects, proposals, programs, plans, and scientific topics on digital transformation, digitization of cultural heritage, establishment and development of information systems, application of new technologies to management, protection and promotion of value of cultural heritage.

7. The Government shall elaborate digital transformation in the cultural heritage sector.

Article 86. Dissemination, promotion and traditional education through cultural heritage and promotion of value of cultural heritage on electronic environment

1. Dissemination, promotion and traditional education through cultural heritage on mass media; through display, introduction, scientific seminars, talks, composition competitions, exhibitions on cultural heritage; festivals and performances on intangible cultural heritage; learning, sightseeing and study on cultural heritage in association with education programs and activities carried out at educational institutions; compilation and publishing of specialized documents on cultural heritage and other appropriate forms shall comply with regulations of law.

2. The promotion of value of cultural heritage on electronic environment shall comply with regulations of this Law, the law on information technology, the law on electronic transactions, other relevant laws and meet the following requirements:

a) The safety of cultural heritage during development of digital data on cultural heritage and digital display shall be absolutely ensured;

b) Collection, storage, processing of data and use of digital databases by organizations and individuals shall comply with regulations of the law on copyright and the law on protection of personal data;

c) Digital data shall meet technical standards and regulations on digital data, cyberinformation security, cybersecurity and other relevant laws.

Article 87. Private sector involvement in protection and promotion of value of cultural heritage

1. Organizations and individuals are encouraged and enabled to participate in protection and promotion of value of cultural heritage

2. Resources from the private sector are used to:

a) Study, collect, inventory, document and establish scientific dossiers on cultural heritage to recognize, rank and inscribe such cultural heritage.

b) Study and apply science and technology to protection and promotion of value of cultural heritage;

c) Establish database on cultural heritage;

d) Disseminate and promote cultural heritage on a national and international basis;

dd) Restore, practice, teach, introduce, promote, give performances on and organize festivals related to intangible cultural heritage;

e) Preserve, renovate, restore and promote value of monuments;

g) Conduct archaeological exploration and excavation;

h) Study, collect, preserve, digitize, store, reconstruct and promote the value of documentary heritage;

i) Carry out study, collection, appraisal, inventory, preservation, reconstruction, display, education and communication tasks of museums;

k) Do other activities according to regulations of law.

3. Organizations and individuals participating in protection and promotion of value of cultural heritage specified in clause 2 of this Article shall be entitled to tax and loan incentives as per by law.

Article 88. Utilization and access to cultural heritage

1. Organizations, communities and individuals are entitled to utilize and access cultural heritage in the following cases:

a) Creation and composition of literary and artistic works; performance art;

b) Dissemination, introduction, promotion and education about cultural heritage;

c) Scientific research;

d) Business, provision of services, tourism and development of culture industry;

dd) Other cases according to regulations of law.

2. The utilization and access to cultural heritage shall meet the following requirements:

a) promoting fine traditions of ethnic groups living together in Vietnam;

b) contributing to creation of new cultural values, enriching the treasure of Vietnamese cultural heritage and expanding international cultural exchange;

c) promoting value of Vietnamese cultural heritage on a national and international basis, thereby contributing to sustainable development;

d) complying with regulations of this Law, the law on intellectual property, the civil law and other relevant laws.

3. The utilization and access to cultural heritage shall be restricted in the following cases:

a) The cultural heritage is prone to damage;

b) The cultural heritage contains information that may affect the State’s interests, legitimate rights and interests of agencies, organizations and individuals if it is widely used.

c) The cultural heritage is included in the list of state secrets. It is cultural heritage with restricted use, conditional access or limited access according to regulations of this Law, the law on protection of state secrets, and the law on access to information.

d) It can be taken advantage of to distort the State's policies and laws, and oppose the Socialist Republic of Vietnam; damage the great national unity bloc; incite violence, cause hatred among ethnic groups and religions; propagate wars of aggression; destroy good customs and traditions; spread superstition; discriminate and cause cultural discrimination, competition, contradictions, disputes and cultural conflicts.

dd) It can be taken advantage of for dissemination, affecting national sovereignty, defense, security, politics, and insulting national heroes or historical figures.

4. The Minister of Culture, Sports and Tourism shall elaborate points a, b, d and dd, clause 3 of this Article. Agencies, organizations and individuals directly managing or legally owning cultural heritage shall be responsible for compiling a list of cultural heritages with restricted utilization and access.

Article 89. Cultural Heritage Conservation Fund

1. Cultural Heritage Conservation Fund is a state off-budget financial fund, established and operating in accordance with regulations of law to provide financial support for protection and promotion of value of cultural heritage that has not yet been invested in, given financial support or sufficiently invested in by the state budget. To be specific:

a) protecting intangible cultural heritage at risk of being abandoned or forgotten;

b) constructing works and items for preservation, renovation, restoration, protection and promotion of value of monuments;

c) purchasing and repatriating relics, antiquities, national treasures, documentary heritage, rare documents on intangible cultural heritage of Vietnam origin from foreign countries to Vietnam;

d) purchasing Vietnamese relics, antiquities, national treasures and documentary heritage that are valuable to add them to collections of museums and monuments.

2. Fund’s financial sources include aids, donations or assistance from domestic and foreign organizations and individuals and legal financial sources other than state budget as per by law. Funding for operations of the Fund is not covered by state budget.

3. The Cultural Heritage Conservation Fund has juridical person and its own seal; and is entitled to open an account at the State Treasury or a commercial bank to reflect receipt, management and use of financial sources for protection and promotion of value of cultural heritage. At the end of fiscal year, any remainder of the Fund shall be carried forward to the next year for continuation in protection and promotion of value of cultural heritage.

4. The Cultural Heritage Conservation Fund operates for non-profit purposes; the Fund shall make and follow its estimate, and comply with regulations on accounting, final settlement and audit as per by law. The Fund’s finances and operation results shall be public and transparent.

5. Authority to establish the Fund is regulated as follows:

a) The central Cultural Heritage Conservation Fund shall be established under a decision issued by the Minister of Culture, Sports and Tourism;

b) Local Cultural Heritage Conservation Funds shall be established under decisions issued by Chairpersons of Provincial People's Committees according to local socio-economic conditions, capacity for mobilizing social resources and the effectiveness of the Funds.

6. The Government shall elaborate this Article.

Chapter VII

STATE MANAGEMENT OF CULTURAL HERITAGE

Article 90. Responsibilities for state management of cultural heritage

1. The Government shall unify state management of cultural heritage.

2. The Ministry of Culture, Sports and Tourism is a presiding agency that assists the Government in unifying state management of cultural heritage and has the following responsibilities:

a) Formulate, promulgate or request a competent authority to promulgate, and execute legislative documents, strategies, programs, plannings and plans for protection and promotion the value of cultural heritage;

b) Approve and appraise projects, plans, programs, plannings and plans for protection and promotion the value of cultural heritage ​​within its jurisdiction;

c) Rank, recognize, inscribe, provide guidelines for ranking, recognizing, inscribing cultural heritage and issue certificates of ranking, recognizing, inscribing cultural heritage within its jurisdiction;

d) Rank and provide guidelines for ranking museums within its jurisdiction;

dd) Give training and refresher training in order to improve management and professional qualifications for personnel in charge of protection and promotion of value of cultural heritage;

e) Organize and manage research on and application of advanced scientific and technological achievements to protection and promotion of value of cultural heritage

g) Disseminate and educate in laws on protection and promotion of value of cultural heritage;

h) Organize commendation and emulation in protection and promotion of value of cultural heritage;

i) Conduct inspection, resolve complaints and denunciations, and handle violations against regulations on cultural heritage within its jurisdiction;

k) Introduce, promote and ensure international cooperation in cultural heritage and fulfill responsibilities and commitments of member countries participating in UNESCO’s conventions on cultural heritage;

l) Assume other responsibilities according to this Law and other relevant laws.

3. Ministries and ministerial agencies, within their tasks and powers, shall be responsible for cooperating with the Ministry of Culture, Sports and Tourism in state management of cultural heritage according to this Law and other relevant laws; cooperating with the Ministry of Culture, Sports and Tourism, other Ministries and ministerial agencies, and provincial People's Committees in recovering, purchasing and repatriating relics, antiquities, national treasures and documentary heritage of Vietnam origin from foreign countries to Vietnam.

4. Provincial People's Committees, within their tasks and powers, have the following responsibilities:

a) Formulate and promulgate Regulations on management, protection and promotion of value of local cultural heritage within their jurisdiction;

b) Be fully responsible for management, protection and promotion of value of local cultural heritage included in Lists and local cultural heritage ranked, inscribed and recognized in National Lists, UNESCO’s Lists according to regulations of this Law, relevant laws and regulations and guidelines issued by UNESCO;

c) Issue Regulations on cooperation in management, protection and promotion of value of cultural heritage located within their provinces/cities and ranked, inscribed and recognized in National Lists, UNESCO’s Lists with other People's Committees of provinces or cities where such cultural heritage is also located.

d) Assume other responsibilities according to this Law and other relevant laws.

Article 91. National Cultural Heritage Council

1. National Cultural Heritage Council is an advisory agency that is established by the Prime Minister and has its own seal and account.

2. The Government shall issue regulations on organization and operation of the National Cultural Heritage Council.

Article 92. Specialized inspection of cultural heritage

1. A cultural heritage-inspecting agency is established at an agency that advises on and assists in state management of central cultural heritage to conduct specialized inspection of cultural heritage, receive citizens, resolve complaints and denunciations, and ensure anti-corruption in the cultural heritage sector according to regulations of law.

2. The Government shall elaborate this Article.

Chapter IX

IMPLEMENTATION CLAUSES

Article 93. Amendments to relevant laws

Point h shall be added after point g clause 3 Article 49 of the Law on Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, the Law No. 35/2018/QH14, the Law No. 40/2019/QH14 and the Law No. 62/2020/QH14 as follows:

“h) Projects on investments in works that serve preservation, renovation and restoration of historical-cultural monuments and scenic spot".

Article 94. Entry into force

1. This Law enters into force from July 01, 2025.

2. The Law on Cultural Heritage No. 28/2001/QH10 amended by the Law No. 32/2009/QH12 will cease to have effect from the effective date of this Law, except for the case specified in clause 1 Article 95 of this Law.

Article 95. Transition clauses

1. Operations, plannings and projects carried out within protective zones and appraised and approved by a competent authority before the effective date of this Law shall be carried out according to regulations of the Law on Cultural Heritage No. 28/2001/QH10 amended by the Law No. 32/2009/QH12.

2. Intangible cultural heritage included in the List of National Intangible Cultural Heritage according to the Law on Cultural Heritage No. 28/2001/QH10 amended by Law No. 32/2009/QH12 will be moved to the National List of Intangible Cultural Heritage; the forms "Tiếng nói, chữ viết (spoken, written language)” and ”Ngữ văn dân gian (folk literature)” will be converted into the form ”Các biểu đạt và truyền thống truyền khẩu (oral expressions and traditions)” from the effective date of this Law.

3. The titles of People's Artisans, Meritorious Artisans in “Tiếng nói, chữ viết (spoken, written language)” and “Ngữ văn dân gian (folk literature)” forms shall be moved to “Các biểu đạt và truyền thống truyền khẩu (oral expressions and traditions)” form from the effective date of this Law.

This Law was ratified by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session on November 23, 2024./.

 

Epas: 114331

CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man

Bài viết liên quan