Chương 4 Nghị định 113/2013/NĐ-CP .: tượng đài, tranh hoành tráng

Chapter 4.

MONUMENTS, MURAL PAINTINGS

Article 20. Planning for statues and mural paintings

1. Planning for monuments or mural paintings is the basis for the establishment of the investment project for the construction of monuments or mural paintings.

2. Entitlements to the approval of the planning:

a) When the writing containing the opinions of relevant Ministries and regulatory bodies is received, the Ministry of Culture, Sports and Tourism is in charge of requesting the Prime Minister to approve the national level planning for monuments or mural paintings;

b) When the writing containing the opinions of the Ministry of Culture, Sports and Tourism is received, the Service of Culture, Sports and Tourism is in charge of requesting the Presidents of the People’s Committee of the province to approve the provincial level planning for monuments or mural paintings.

3. The basis content of the planning for monuments and mural painting:

a) The necessary for the planning;

b) The basis for the planning;

c) Opinions and principles;

d) Purpose of the planning;

dd) Criteria of the content, arts, techniques, architectures and the scale of the planning;

e) Measures for running the planning;

g) Process of the planning.

4. Application to regulatory agencies for approval prescribed in Clause 2 of this Article shall include:

a) A statement paper;

b) A description of the planning content and a draft of the Decision for approval for the planning;

c) A copy of the writing containing the agreement of the relevant Ministries and regulatory bodies (applicable to the national level planning) or the Ministry of Culture, Sports and Tourism (applicable to the provincial level planning).

5. Time limit for the approval of the planning:

Within 30 days (applicable to national level planning) or 15 days (applicable to provincial level planning) from the day on which the satisfactory application is received, the receiving agency shall grant the approval for the planning.

For special case in which the duration of the approval needs extending, the time limit will be 60 days (applicable to national level planning) or 30 days (applicable to provincial level planning).

6. Modification of planning for monuments and mural paintings:

a) The modification of planning for a monument or a mural painting shall conformable to the provisions of Clause 2, 3 and 5 of this Article.

b) The application or the modification shall include:

- A statement paper;

- A draft of the planning, including: the need for the modification, the content of the monument/mural painting, the location, the expected scale, materials, form of investment, expected total investment level, capital and time and duration of the performance of planning.

7. Construction of monuments and mural paintings without planning:

a) If it is to construct a monument/mural painting that is not included in the approved planning, such planning shall be modified according to the provisions in Clause 6 of this Article before the investment project is built up;

b) If it is to construct a national level or provincial level monument/mural painting that is not included in a planning, the investor shall make an application requesting the Ministry of Culture, Sports and Tourism or People’s Committee of provinces to consider granting approval as the basis for the development investment.

Article 21. Investor in the project on monuments and mural paintings

Apart from the rights and responsibilities prescribed in legislation on construction investment, any investor in a project on monument/mural painting has the following rights and responsibilities:

1. Carry out the investment conformable to the provisions in Articles 25 and 26 of this Decree;

2. Organize model statue creation activities;

3. Approve the document on economic-technical reports and construction estimate;

4. Complete the construction dossier, application for license for construction of fine art part of the work;

5. Select the contractors, sign the contract with individuals/agencies executing the work;

6. Select the supervisors for the construction of fine art part and artistic directors.

Article 22. Authors of monuments and mural paintings

1. The author of a monument/mural painting is the person who directly executes the model statue that is approved to use for construction through the contest or by order.

2. Any author appointed to create a model statue shall satisfy the following requirements: have a college degree or higher in fine art; have at least 02 monument/mural painting constructions that are assessed at A level approved by the Ministry of Culture, Sports and Tourism.

3. Authors with model statue selected through the contests may not satisfy the requirements specified in Clause 2 of this Article.

4. Duties and authority of authors:

a) Be responsible for the artistic quality of the work from the creation of model statue to the construction process;

b) Supervise or recommend a person proficient in supervising the fine art part in the construction process of the work;

c) May recommend contractors to the investor for executing the fine art part of the work;

d) Be an artistic director of the work;

dd) Be credited.
And other interests according to the legislations on intellectual property.

Article 23. Art council for monuments and mural paintings

1. Establishment of Art council:

a) Agencies competent to decide the investment in the project shall establish an Art council promptly when the project is carried out to act as artistic consultant;

b) The number of the Art council members shall be an odd number from 07 to 13 including a chairman and a vice-chairman;

c) The Art council shall include more than 2/3 of members being sculptors and painters with college degrees or higher who are reputable, experienced in executing monuments or mural paintings, 1 of whom is an architect; the others shall be representatives of the investors, regulatory bodies in term of culture, sport and tourism and other relevant agencies;

d) Authors, construction contractors shall not be members of the Art council;

dd) Before establish decision of the Art council is reached, agencies competent to decide the investment shall make a written request for opinions of the Ministry of Culture, Sports and Tourism on the list of the Art council members.

Within 07 working days from the day on which the request is received, the Ministry of Culture, Sports and Tourism shall have a written response.

2. Functions and tasks of Art council:

a) Give the investor advices on:

- Select the model statues in the two rounds;

- Contribute in the planning documents and fundamental design on site and total space of the work;

- Examine the fine art process and the fine art parts of the work.

b) Give the contractor advices during the construction process of fine art part.

3. Operation of Art council:

a) Art council is operated in a principle of openness, democracy and equality, decision under the majority rule in the form of ballot; follow the regulations and criteria promulgated by the investor and other relevant law provisions;

b) A session of the Art council is valid only when at least 2/3 of its members attend. A decision of the Art council is value only when it is approved by at least ½ of the council members;

c) The members of the Art council may maintain their opinion but the decision of the Art council shall be complied.

4. The expenditure on the operation of the Art council is taken from the total project estimate funded by the investor according to the regulations.

Article 24. Investment preparation for construction project of monuments and mural paintings

1. Draw up draft for construction project of monuments and mural paintings

a) A draft of investment project for construction project of monuments and mural paintings shall be drawn up and sent to a competent agency;

b) The draft of the investment project for the construction of monuments or mural paintings shall include: the topic, types of arts, scale, the items, materials and location of the construction; form of investment, expected investment level, capital and duration of the project.

2. Create and select model statue:

a) Based on the draft of project prescribed in Clause 1 of this Article, the investor shall build up regulations and requirements for the creation of model statues. The execution of a model statue is carried out in 2 rounds:

- Round 1: Model statue of a monument is 70 cm or higher in height; the size of the model statue of a relief or a mural painting shall be in proportion to the monument; with regard to mural paintings or relieves not associated with the monument (independent), a model statue with an area of 80 cm² may be done with the material to be built; accompanying the description of the artistic idea and fundamental design of the general planning.

- Round 2: The model statue of monument is developed to 130 cm in height; the size of the model statue of reliefs, mural paintings shall be in proportion to the monument; with regard to mural paintings or reliefs not associated with the monument (independent), a model statue with an area of 120 cm² may be done with the material to be built; accompanying the description of the artistic idea and fundamental design of the general planning.b) The model statues in round 1 round 1 shall be selected by the Art council;

c) The investor shall request the agencies competent to decide the investment to approve the model statue selected by the Art council in round 2 as the basis for the establishment of the project, the estimate and the construction design of the work;

d) 02 applications for approval of the model statue selected in round 2 shall be sent to a competent authority, each of them shall include:

- A statement paper;

- A four-dimensional photo of the model statue selected in round 2 in the size of 18 x 24 cm;

- The operation record of Art council.

dd) The authority entitled to decide the investment shall grant the approval for the model statue within 15 days from the day on which the satisfactory application is received.

Article 25. Investment project of monuments and mural paintings

1. Investment project of monuments and mural paintings shall include fundamental design and description conformable to the provisions of Point b Clause 1 Article 24 of this Decree.

2. The fundamental design documents shall include:

a) The overall design of the site, space and construction items shall correspond to the total investment and shall be feasible;

b) The design of monuments, mural painting and photos of the model statue approved in round 2, ensuring to identify the volume, weight, dimensions and surface area eligible to estimation and development of the next steps;

c) A description of the fundamental design for the construction of the monument, mural painting according to the legislation on construction investment.

3. Competence for decision of investment in monument and mural painting construction projects shall be conformable with the legislation on construction investment.

4. Funding for investment preparation and the model statue is counted in the total investment in the work.

Article 26. Estimate for monuments and mural paintings

1. Basis for estimation: according to the volume, quality, material and layout of the approved model statue in round 2; technology process, construction measures, unit price, fine art norm and relevant policies of the State. The non-artistic items like digging, filling, foundation constructing shall be in accordance with the legislation on construction. The artistic items relating to fine art shall be in accordance with the fine art norm.

2. The estimate shall include the spending on creation and execution of the fine art, including the expense of materials, equipment, employees, royalties, cost of transportation and installation, taxation, provision and other expense according to the regulations.

3. The estimate shall specify the scale, size, area, volume, weight and material for each fine art item. Such information shall be performed in a table on the first page with confirmation of the investor.

4.  The proposed price is the basis for the negotiation of the contract and final settlement.

5. Total estimate for monuments and mural paintings includes the estimate of the fine art part and other construction. The approval for the final settlement shall be according to the legislation on construction investment.

6. Any modification of the fine art part shall not cause change in the approved project nor exceed the total investment and shall only be carried out in the following cases:

a) The construction is broken because of force majeure;

b) Price of materials or salary for employee is modified;

c) The layout or material of the work is modified at the request of the Art council approved by the investor.

7. The advance, payment the final settlement shall be according to the legislation on construction investment.

8. The appraisal of the estimate for the execution of monument and mural painting construction projects shall be conformable with the legislation on construction investment.

Article 27. Issuance of license for construction of monuments and mural paintings

1. People’s Committees of provinces are responsible for the issuance of license for construction of monuments and mural paintings.

2. People’s Committees of provinces have opinions of the Ministry of Culture, Sports and Tourism before issuing the license for construction of the following monuments and mural paintings:

a) National level monuments/mural paintings;

b) Monuments/mural paintings about President Ho Chi Minh;

c) Monuments/mural paintings in cultural and historical remains or scenic beauties ranked by the State.

3. 02 applications for the license shall be sent directly or by post to People’s Committees of provinces. The application shall include:

a) An application form for the license for construction (using the form No. 7);

b) The decision on the selection of model statue in round 2 of agencies competent to decide the investment enclosed with a 18 x 24 cm photo of 4 sides of the model statue with notes;

c) Other documents according to the legislation on construction investment.

4. Time limit for the issuance:

a) The license (form No. 8) shall be issued within 07 working days from the day on which the satisfactory application is received.

b) Regarding the work of monuments/mural paintings prescribed in Clause 2 of this Article, the license shall be issued within 20 working days from the day on which the satisfactory application is received.

5. The request for opinions of the Ministry of Culture, Sports and Tourism prescribed in Clause 2 of this Article shall conformable with the following regulations:

a) People’s Committees of provinces send directly or by post 02 applications to the Ministry of Culture, Sports and Tourism. The application shall include:

- A written request for permission;

- A summary of the project

b) Within 20 working days from the day on which the valid and sufficient application is received, the Ministry of Culture, Sports and Tourism shall have a written response.

Article 28. No-bid contracts on the execution of monuments and mural paintings

1. No-bid contracts on the execution of monuments and mural paintings shall be conformable to the legislations on bidding.

2. The appointed contractor for monuments/mural painting shall satisfy the following conditions:

a) Have proficient sculptors/painters, at least 01 of whom has presided over the execution of at least 02 provincial level or higher monuments/mural paintings;

b) Have sufficient conditions of facilities and workshops;

c) Have sufficient financial capacity;

d) Have a written agreement of the author.

3. If the monument/mural painting is a small-scale construction with value equivalent to 30% of C group construction according to the legislation on construction investment, the author may carry out the contract themselves and shall satisfy the conditions specified in Points b and c Clause 2 of this Article.

4. The organization appointed to carry out the execution of monuments and mural paintings shall sign a contract with the investor. The content of the contract, rights and obligations of the contractor shall conformable to the legislation on construction investment.

Article 29. Supervision and artistic direction of monuments and mural paintings

1. Execution supervision:

a) The supervision of the execution of fine art part shall be carried out directly by the author or by a sculptor hired by the author that has a college degree or higher of fine art and has experience of construction of monuments/mural painting;

b) The supervision of the production and use of material shall be carried out by a person having college degree or higher in fine art or by an proficient artist;

c) The supervision of the construction process shall be carried out by an organization/individual conformable with the legislation on construction investment.

2. People in charge or supervision are responsible for monitoring, inspecting the quality and progress of the fine art part of the project.

3. Artistic direction:

a) There shall be people in charge of artistic direction during construction process of the fine art part of a monument/mural painting.

b) Proficiency and tasks of an artistic director:

- Be a sculptor/painter who has at least a college degree in fine art and has at least 02-year experience of construction of monuments/mural paintings;

- Conduct inspection, provide guidance and advice on the construction, ensuring that the monument/mural painting is executed conformably with the approved model statue and the suggestions of the Art council.

Article 30. Execution, acceptance, transference of monuments/mural paintings

1. The construction of a monument/mural painting shall be in accordance with the following procedures: execute the 1/1 work; create moulds; produce and use media; arrange, install.

2. An agency competent to decide the investment or the investor is responsible for the work acceptance. The investor shall transfer the work when the acceptance is done.

Article 31. Warranty, maintenance and management of monuments and mural paintings

1. The warranty shall conformable to the following regulations:

a) The contractor in charge of the installation and supply of equipment is responsible for the warranty of the construction according to the legislation on construction investment;

b) The contractor in charge of the fine art part is responsible for the warranty of fine art part, including: repair, replace, and modify the technical and artistic mistakes within the warranty duration. The warranty activities shall be on the advice of the Art council according to the provisions of Article 23 of this Decree.

2. Any agencies/organizations that owns or authorized to manage a monument/mural painting work is responsible for periodical maintenance.

3. Any agencies/organizations that owns or authorized to manage a monument/mural painting work is responsible for the management, the use and the effectiveness development of the work and the area around the work.

Article 32. Demolition, relocation, change of material of monuments and mural paintings

1. The demolition, relocation or change of material of a monument/mural painting shall be carried out only when there is an investment project approved by a competent agency and a license prescribed in Article 27 of this Decree.

2. The constructions subject to demolition:

a) The constructions unconformable to the construction planning of the monuments/mural paintings; the urban construction and rural development planning;

b) The monuments/mural paintings that no longer satisfy the requirements for content, art types and construction material.

3. The relocation and change of material:

a) The work that is relocated or changed in material shall not receive change in the content, ensuring the artistic and technical quality;

b) There shall be advices from the Art council as prescribed in Article 23 of this Decree;

c) The relocation and change of material with the modification of the layout of the work shall be approved by the author of a legal representative of the author.