Nghị định 98/2010/NĐ-CP hướng dẫn Luật di sản văn hóa và Luật di sản văn hóa sửa đổi

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 98/2010/ND-CP	Hanoi, September 21, 2010

 

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAW ON CULTURAL HERITAGE AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON CULTURAL HERITAGE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;
Pursuant to the June 29, 2001 Law on Cultural Heritage, and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage;
Pursuant to the November 26, 2003 Law on Emulation and Commendation;
At the proposal of the Minister of Culture, Sports and Tourism,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the protection and promotion of the values of intangible cultural heritage; the protection and promotion of the values of historical-cultural relics and beauty spots: the management of vestiges, antiques and national precious objects; the organization and operation of museums; and commendation of organizations and individuals finding and handing over vestiges, antiques and national precious objects.

Article 2. Intangible cultural heritage and tangible cultural heritage

1. Intangible cultural heritage includes;

a/ Speech, script;

b/ Folk philology;

c/ Folk performing arts;

d/ Social customs and beliefs;

e/ Traditional festivals;

f/ Traditional craft;

g/ Folk knowledge.

2. Tangible cultural heritage includes:

a/ Historical-cultural relics and beauty spots (below referred to as relics);

b/ Vestiges, antiques and national precious objects.

Article 3. State policies for the protection and promotion of cultural heritage values.

1. To formulate and implement target programs on conservation of typical cultural heritage.

2. To commend organizations and individuals with achievements in the protection and promotion of cultural heritage values; to consider and confer state honorable titles and adopt spiritual and material incentives for craftsperson’s and artists who keep and popularize traditional arts and professional secrets of special value.

3. To study and apply scientific and technological achievements to the following activities:

a/ Archaeological exploration and excavation; conservation, upgrading, embellishment and promotion of the values of relics;

b/ Evaluation, management of collection, preservation of exhibits, adjustment and renovation of contents and forms of display and educational activities of museums;

c/ Collection, conservation and dissemination of the values of intangible cultural heritage; formation of a database bank for intangible cultural heritage.

4. To train and retrain professionals in the protection and promotion of cultural heritage values.

5. To encourage and create conditions for domestic and foreign organizations and individuals to make spiritual and material contributions to, or directly participate in7 the protection and promotion of cultural heritage values.

6. To expand international cooperation in the protection and promotion of cultural heritage values; to formulate and implement international cooperation projects under law.

Article 4. Violations misrepresenting or destroying cultural heritage

1. Acts of misrepresenting relics:

a/ Changing the original constituents of a relic such as adding to, removing or changing exhibits of a relic, or embellishing or restoring a relic at variance with its original constituents and other acts without permission of state agencies competent in culture, sports and tourism, incorrectly disseminating or introducing the contents and values of a relic;

b/ Changing the environment and landscape of a relic, such as tree felling, rock destruction, digging, illegal construction and other acts adversely affecting a relic.

2. Acts of threatening to destroy or reducing the values of intangible cultural heritage:

a/ Incorrectly disseminating or practicing the contents of intangible cultural heritage;

b/ Groundlessly adding inappropriate new elements to intangible cultural heritage, reducing its value;

c/ Making use of the propagation, dissemination and performance of and training in intangible cultural heritage for self-seeking purposes or committing other unlawful acts.

3. The following acts are regarded as illegally digging archaeological sites:

a/ Digging without permission to search for vestiges, antiques or national precious objects in relic protection zones or sites under archaeological planning such as relics of residence, tombs, tool making workshops, citadels and other archaeological sites;

b/ Searching and salvaging without permission underwater vestiges, antiques or national precious objects.

Chapter II

PROTECTION AND PROMOTION OF VALUES OP INTANGIBLE CULTURAL HERITAGE

Article 5. Selection criteria for intangible cultural heritage to be included in the list of national intangible cultural heritage

1. To represent the identity of a community or locality.

2. To reflect cultural diversity and human creativity passed through generations.

3. To be restorable and exist permanently.

4. To be nominated by a community with its free consent and commitment to preservation-

Article 6. Selection criteria and order and procedures for proposing the United Nations Educational. Scientific and Cultural Organization to include typical intangible cultural heritage in the representative list of the intangible cultural heritage of humanity and the list of intangible cultural heritage in need of urgent safeguarding

1. Typical intangible cultural heritage shall be selected according to the following criteria:

a/ It is intangible cultural heritage on the list of national intangible cultural heritage;

b/ It has special historical, cultural or scientific value;

c/ It represents the original identity of traditional culture and provides bases for the creation of new cultural values:

d/ It has nationally and internationally historical, cultural or scientific impacts;

e/ It satisfies the selection criteria of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

2, Order and procedures for making nomination dossiers of typical intangible cultural heritage

a/ Based on the list of national intangible cultural heritage and the criteria defined in Clause 1 of this Article, the- chairperson of the People's Committee of a province or centrally run city (below referred to as provincial-level People's Committee) with intangible cultural heritage shall submit a written request to the Minister of Culture. Sports and Tourism, proposing him/her to consider and propose the Prime Minister to permit the compilation of a nomination dossier of typical intangible cultural heritage for submission to UNESCO.

When finding intangible cultural heritage ineligible for submission to UNESCO, the Minister of Culture. Sports and Tourism shall issue a written reply within 30 days after receiving a request;

b/ After being permitted by the Prime Minister, the chairperson of a provincial-level People's Committee shall organize the compilation of a nomination dossier of typical intangible cultural heritage and submit it to the Ministry of Culture. Sports and Tourism;

c/ The Minister of Culture, Sports and Tourism shall coordinate with the Minister of Foreign Affairs and concerned ministries and branches in evaluating and requesting the National Cultural Heritage Council to comment on the dossier. The National Cultural Heritage Council shall evaluate the dossier and make written comments within 30 days after receiving the dossier;

d/ The Minister of Culture. Sports and Tourism shall submit the dossier to the Prime Minister for consideration and decision.

After being permitted, by the Prime Minister, the Minister of Culture, Sports and Tourism shall coordinate with the Minister of Foreign Affairs in completing formalities to submit the dossier to UNESCO under regulations.

3. A nomination dossier of typical intangible cultural heritage submitted to the Prime Minister comprises:

a/ A written request of the community or individual holding the intangible cultural heritage and a written request of the chairperson of the provincial-level People's Committee:

b/ Nomination dossier of typical intangible cultural heritage made under UNESCO regulations;

c/ A written evaluation of the National Cultural Heritage Council:

d/ A written request of the Minister of Culture, Sports and Tourism to the Prime Minister.

4. The Minister of Culture. Sports and Tourism and the Minister of Foreign Affairs shall report to the Prime Minister and notify the chairperson of the provincial-level People’s Committee and the community or individual holding the intangible cultural heritage of UNESCO's decision on such intangible cultural heritage.

Article 7. Encouragement of the conservation, restoration and development of traditional crafts of typical value

The State encourages the conservation, restoration and development of traditional crafts by:

1. Surveying and classifying traditional crafts nationwide: assisting the conservation and restoration of traditional crafts of typical value or in danger of decline and loss:

2. Creating favorable conditions for the exploitation and use of traditional materials;

3. Adopting incentives for and assisting the use of traditional handicraft methods and techniques;

4. Enhancing the promotion of traditional handicraft products in domestic and overseas markets in different ways:

5. Promoting and creating favorable conditions for the dissemination of and training in technical and professional skills of traditional crafts of typical value;

6. Adopting tax incentives for the conservation, restoration and development of traditional crafts of typical value under the tax law.

Article 8. Competence and procedures for licensing overseas Vietnamese and foreign organizations and individuals to study and collect intangible cultural heritage in Vietnam

1. The Ministry of Culture. Sports and Tourism and provincial-level Culture, Sports and Tourism Departments are state agencies competent to license the study and collection of intangible cultural heritage in Vietnam.

2. Procedures for licensing the study and collection of intangible cultural heritage are provided as follows:

a/ An overseas Vietnamese or a foreign organization or individual shall submit an application for study or collection enclosed with a plan specifying the objectives, location and duration of. and Vietnamese partners participating in, the study or collection of intangible cultural heritage to the director of a provincial-level Culture. Sports and Tourism Department- When such study or collection is to be conducted in two or more provinces and/or centrally run cities, the application shall be submitted to the Minister of Culture, Sports and Tourism;

b/ Within 30 days after receiving an application, the Minister of Culture, Sports and Tourism or the director of a provincial-level Culture, Sports and Tourism Department shall consider and grant a license. In case of refusal, he/she shall issue a written reply clearly stating the reason.

Article 9. Titles of People's Craftspersons and Eminent Craftsperson

1. Criteria for considering and conferring the titles of People's Craftsperson and Eminent Craftsperson comply with Article 3 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage.

2. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, detailing Clause 1 of this Article and providing the order, procedures and dossiers for considering and conferring the titles of People's Craftsperson and Eminent Craftsperson.

Article 10. Preferential policies for People's Craftspersons and Eminent Craftspersons

1. People's Craftspersons and Eminent Craftspersons are entitled to the following preferential policies:

a/ To receive financial support and favorable conditions in space and ground for training, creation, presentation, display and introduction of products;

b/To receive tax breaks for the protection and promotion of intangible cultural heritage values under the tax law:

c/ To receive monthly allowances and other incentives, if having low incomes or meeting with difficulties.

2. The Ministry of Culture. Sports and Tourism shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and concerned ministries and branches in. promulgating the policies specified in Clause 1 of this Article.

Chapter III

PROTECTION AND PROMOTION OF VALUES OF RELICS

Article 11. Classification of relics

Based on the criteria defined in Clause 9, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage, and Article 28 of the Law on Cultural Heritage, relics are classified as follows:

1. Historical relics (relics in commemoration of events or national celebrities);

2. Art architectural relics;

3. Archaeological relics;

4. Beauty spots.

Article 12. Inventory of relics

1. Relics shall be inventoried according to the criteria defined in Clause 9, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage, and Clause 2. Article 28 of the Law on Cultural Heritage.

2. Chairpersons of provincial-level People's Committees shall direct directors of provincial-level Culture, Spoils and Tourism Departments in making relic inventories and proposing chairpersons of provincial-level People's Committees to approve and announce lists of inventoried relics.

Article 13. Compilation of scientific dossiers for relic ranking

1. Pursuant to the provisions on relic ranking under Clauses 10, 11 and 12, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage, directors of provincial-level Culture, Sports and Tourism Departments shall compile scientific dossiers for relic ranking and submit them to competent state agencies for ranking relics according to their competence.

2. A scientific dossier for relic ranking comprises:

a/ An application for ranking, made by the relic owner or the organization or individual assigned to manage the relic;

b/ History of the relic;

c/ Map of the relic location and indications of the way to the relic;

d/ Drawing of the general plan of the relic of a 1:500 scale, plans, vertical sections, cross sections, sectional elevations, structures and architectural details with typical engravings of the relic of a 1:50 scale;

e/ Color photos of 9x12 cm size or bigger archaeologically describing the relic and vestiges, antiques and national precious objects of the relic;

f/ List of vestiges, antiques and national precious objects of the relic:

g/ Inscriptions and translations of epitaphs. parallel sentences, panels of the relic inscribed with characters (dai tu) and documents in Chinese, Chinese-transcribed Vietnamese or other languages;

h/ Record and map of relic protection zones certified by and appended with the seals of People's Committees at different levels, the competent state agency in charge of natural resources and environment and the provincial-level Culture. Sports and Tourism Department;

i/ A proposal for relic ranking under Clause 12, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage.

The Minister of Culture. Sports and Tourism shall detail contents of scientific dossiers for relic ranking.

Article 14. Principles for delineating and placing boundary markers for relic protection zones

1. Protection zone 1 of a relic defined in Clause 13, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage shall be delineated according to the following principles:

a/ For a relic being a construction work or a place connected with a historical event or the life and career of a national celebrity, the scope of protection zone I must cover areas accommodating the construction work or the place marking remarkable developments of the historical event or works in commemoration of the national celebrity related to that relic;

b/ For a relic being an archaeological site. the scope of protection zone I must cover areas in which relics and vestiges are found, terrains and landscapes directly related to the habitat of the subjects of that archaeological site;

c/ For a relic being a group of art architectural works or a single architectural work, the scope of protection zone I must cover areas accommodating the architectural work(s). grounds, gardens, ponds. lakes and other elements related to that relic:

d/ For a beauty spot, the scope of protection zone I must guarantee the preservation of the integrity of the natural landscape, terrains and geomorphogeny and other geographical elements containing bio-diversity and peculiar eco-system and substantial traces of developments of the earth or architectural works related to that beauty spot.

For a relic comprising different construction works or with a wide distribution area, protection zone I for each construction work or area shall be determined.

2. Protection zone II means the area surrounding or adjacent to protection zone I used to protect the landscape, environment and ecology of a relic, in which construction of works to protect and promote the relic's value is permitted.

A relic will have no protection zone II when it is located in a residential area or adjacent to construction works which cannot be relocated,

3. The placing of boundary markers in relic protection zones must adhere to the following principles:

a/ Relic protection zones must be clearly separated from adjacent areas in the field according to the record and map of relic protection zones included in the relic ranking dossier;

b/ Markers must be made of durable materials and placed in easy-to-notice positions:

c/ The shape, color and size of markers must match the environment and landscape of the relic without affecting the original constituents of the relic.

Chairpersons of provincial-level People's Committees shall organize the placing of boundary markers.

Article 15. Competence to appraise projects to upgrade or build works which arc likely adversely affect relics

Appraisal of a project to upgrade or build a work outside protection zones of a relic which ate likely to adversely affect the relic must obtain written evaluations of the director of a provincial -level Culture. Sports and Tourism Department, for a provincial-level relic, or of the Minister of Culture. Sports and Tourism, for a national or special national relic.

Article 16. Institutions eligible for archaeological exploration and excavation

1. State archaeological research agencies.

2. Universities with archaeology discipline.

3. Museums and state relic management units with archaeological research functions.

4. Central associations with archaeological research functions.

Article 17. Archaeological planning

1. Subjects to be included in local archaeological master plans are underground and underwater archaeological sites where relics and vestiges arc discovered or which show signs of accommodating relics and vestiges of historical, cultural or scientific value.

2. An archaeological master plan must cover the, following:

a/ Location and name of the archaeological site:

b/ Scientific information on relics and vestiges found at the archaeological site and scientific grounds for signs of existence of relics and vestiges of the archaeological site;

c/ Boundary and area of the archaeological site:

d/ Plan to explore and excavate the archaeological site;

e/ Plan to protect and promote the values of the archaeological site;

f/ Resources to implement the master plan.

3. Archaeological planning dossiers and order and procedures for formulating and publicizing archaeological master plans comply with regulations on planning and Clause 18. Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage.

4. Based on archaeological research, exploration and excavation results, directors of provincial-level Culture, Sports and Tourism Departments shall regularly review and propose chairpersons of provincial-level People's Committees to adjust archaeological master plans.

Adjustment of an archaeological master plan by the chairperson of a provincial-level People's Committee is subject to written approval of the Minister of Culture. Sports and Tourism.

Chapter IV

MANAGEMENT OF VESTIGES. ANTIQUES AND NATIONAL PRECIOUS OBJECTS

Article 18. Receipt and management of excavated vestiges, antiques and national precious objects and those found and handed over by organizations and individuals

1. All underground vestiges, antiques and national precious objects in the mainland, islands, internal waters, territorial sea, exclusive economic zone and continental shelf defined in Article 6 of the Law on Cultural Heritage which are discovered or found are owned by the State under the civil law.

2. Directors of provincial-level Culture. Sports and Tourism Departments shall organize the receipt of vestiges, antiques and national precious objects for temporary deposit into storehouses of provincial-level museums of localities where vestiges, antiques and national precious objects are discovered under Clause 20, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage.

3. Organizations and individuals handing over vestiges, antiques and national precious objects are entitled to commendation and a pecuniary reward under Article 33 of this Decree.

Article 19. Registration of vestiges, antiques and national precious objects

1. Directors of provincial-level Culture, Sports and Tourism Departments shall organize the registration of vestiges, antiques and national precious objects and annually report to the Minister of Culture, Sports and Tourism on the registration of vestiges, antiques and national precious objects in their localities.

2. Directors of provincial-level Culture. Sports and Tourism Departments shall receive owners' notices of their transfer of the right to own national precious objects and promptly report such to the Minister of Culture, Sports and Tourism.

Article 20. Bringing abroad vestiges, antiques and national precious objects for display, exhibition, research or preservation

1. For vestiges and antiques:

a/ Vestiges and antiques of national museums shall be licensed by the Minister of Culture, Sports and Tourism at the written request of museum directors;

b/ Vestiges and antiques of specialized museums of ministries, sectors or central political or socio-political organizations and specialized museums of units of ministries, sectors or central political or socio-political organizations shall be licensed by the Minister of Culture, Sports and Tourism at the written request of ministers or heads of these sectors or organizations;

c/ Vestiges and antiques of provincial-level museums shall be licensed by the Minister of Culture, Sports and Tourism at the written request of chairpersons of provincial-level People's Committees;

d/ Privately owned vestiges and antiques shall be licensed by the Minister of Culture, Sports and Tourism at the written request of directors of provincial-level Culture, Sports and Tourism Departments on the basis of applications made by owners of those vestiges and antiques.

2. For national precious objects

a/ National precious objects of national museums shall be licensed by the Prime Minister at the written request of the Minister of Culture, Sports and Tourism;

b/ National precious objects of specialized museums of ministries, sectors or central political or socio-political organizations and specialized museums of units of ministries, sectors or central political or socio-political organizations shall be licensed by the Prime Minister at the written request of ministers or heads of these sectors or organizations after obtaining written approval of the Minister of Culture. Sports and Tourism;

c/ National precious objects of provincial-level museums and privately owned national precious objects shall be licensed by the Prime Minister at the written request of chairpersons of provincial-level People's Committees after obtaining written approval of the Minister of Culture, Sports and Tourism.

3. Insurance of vestiges, antiques and national precious objects to be brought abroad for display, exhibition, research or preservation shall be agreed by involved parties according to international practices and treaties which Vietnam has signed or acceded to.

4. The transportation, temporary export for re-import, and temporary import for re-export of vestiges and antiques must comply with the customs law and relevant laws.

Article 21. Competence and procedures for licensing vestiges and antiques to be brought abroad

1. To be brought abroad, vestiges and antiques owned neither by the State nor political and socio political organizations must be licensed by the Minister of Culture, Sports and Tourism's license.

2. The Minister of Culture. Sports and Tourism shall license vestiges and antiques to be brought abroad.

Within 30 days after receiving an application and related papers, the Minister of Culture, Sports and Tourism shall grant a license. In case of refusal, he/she shall issue a written reply clearly stating the reason.

3. Procedures for licensing vestiges and antiques to be brought abroad:

a/ To submit an application for a license to the Minister of Culture. Sports and Tourism;

b/ To possess the certificate of ownership transfer by the former owner;

c/ To have a registration dossier of vestiges and antiques.

4. The Minister of Culture. Sports and Tourism shall provide types of vestiges and antiques prohibited from bringing abroad.

Article 22. Complaints and denunciations about vestiges and antiques for which procedures are carried out to be brought abroad

When there is a complaint or denunciation that an applicant for a license to bring vestiges and antiques abroad is not the lawful owner of those vestiges and antiques, or that vestiges and antiques are under dispute, consideration for licensing those vestiges and antiques to be brought abroad shall be suspended pending settlement of such complaint or denunciation under the law on complaints and denunciations.

Within 30 days after receiving a written complaint or denunciation, if there is no ground for determining that vestiges and antiques are unlawfully owned or under dispute, those vestiges and antiques may be brought abroad after licensing procedures are completed.

Article 23. Competence to license duplication of vestiges, antiques and national precious objects

1. The Director of the Cultural Heritage Department may license the- duplication of vestiges, antiques and national precious objects of special national relics, national museums and specialized museums of ministries, sectors, and central political and socio-political organizations and specialized museums of units of ministries, sectors, and central political and socio-political organizations.

2. Directors of provincial-level Culture.

Sports and Tourism Departments may license the duplication of vestiges, antiques and national precious objects of national relics, provincial-level relics and museums and private owners.

Based on duplication purposes, competent persons shall license the number of duplicates of vestiges, antiques and national precious objects.

Article 24. Management of trading in vestiges, antiques and national precious objects

1. The State shall uniformly manage the trading in vestiges, antiques and national precious objects and create conditions for organizations and individuals to trade in vestiges, antiques and national precious objects.

The trading in vestiges, antiques and national precious objects must comply with the laws on cultural heritage, enterprises and taxes and other relevant laws.

2. The State protects the trading in vestiges, antiques and national precious objects which have been registered under the cultural heritage law; and creates conditions for organizations and individuals to transfer the right to own registered vestiges, antiques and national precious objects and register traded vestiges, antiques and national precious objects of lawful origin.

3. Trading in vestiges and antiques of unlawful origin is prohibited.

4. Unlawful trading in vestiges, antiques and national precious objects to be brought abroad is prohibited.

Article 25. Organization and operation of shops of vestiges, antiques and national precious objects

1. The owner of a shop of vestiges, antiques and national precious objects must fully meet the following conditions:

a/ Being a Vietnamese citizen with a permanent residence address in Vietnam:

b/ Possessing a business practice certificate for vestiges, antiques and national precious objects;

c/ Having a shop with sufficient appropriate area for displaying vestiges, antiques and national precious objects;

d/ Having sufficient means for displaying. conserving and protecting vestiges, antiques and national precious objects.

2. A shop of vestiges, antiques and national precious objects must operate in compliance with the following provisions:

a/ Only trading in vestiges, antiques and national precious objects of lawful origin;

b/ Only trading in duplicates of vestiges, antiques and national precious objects of organizations and individuals licensed for duplication by competent state agencies defined in Article 23 of this Decree;

c/ Duplicates of vestiges, antiques and national precious objects on display for sale must be clearly indicated as such;

d/ Carrying out and guiding necessary procedures for buyers to register vestiges. antiques and national precious objects or apply for a license to bring abroad vestiges, antiques and national precious objects which are eligible to be sent abroad under the cultural heritage law;

e/ Observing the laws on registration books of bought and sold vestiges, antiques and national precious objects, finance and accounting books and tax payment obligations.

Article 26- Conditions, competence and procedures for granting business practice certificates of vestiges, antiques and national precious objects

1. Conditions for obtaining a business practice certificate of vestiges, antiques and national precious objects:

a/ Being professionally qualified in or knowledgeable about vestiges, antiques and national precious objects;

b/ Not being subject to ban from business practice or cultural heritage-related jobs under a court decision, examination for penal liability or criminal or administrative surveillance.

2. Cadres and civil servants working in the cultural heritage sector may not open shops of vestiges, antiques and national precious objects.

3. Competence to grant business practice certificates to owners of shops of vestiges, antiques and national precious objects:

Directors of provincial-level Culture, Sports and Tourism Departments may grant business practice certificates to owners of shops of vestiges, antiques and national precious objects,

Within 30 days after receiving a complete and valid dossier of application for a business practice certificate from the owner of a shop of vestiges. antiques and national precious objects, the director of a provincial-level Culture, Sports and Tourism Department shall consider the dossier and grant a certificate. In case of refusal, he/she shall issue a written reply clearly stating the reason.

4. Procedures for granting business practice certificates to owners of shops of vestiges antiques and national precious objects

a/ A shop owner shall submit a dossier of application for a business practice certificate of vestiges, antiques and national precious objects to a provincial- level Culture, Sports and Tourism Department;

b/ A dossier comprises:

An application for a certificate;

Lawful copies of relevant professional diplomas and certificates;

A resume certified by the People's Committee of the commune, ward or township of residence.

Article 27. Auction of vestiges, antiques and national precious objects

1. An organization or individual wishing to auction vestiges, antiques and national precious objects shall register an auction list with a provincial-level Culture, Sports and Tourism Department and must be licensed by the chairperson of a provincial-level People's Committee.

2. Auction of vestiges, antiques and national precious objects complies with the civil law.

Chapter V

ORGANIZATION AND OPERATION OF MUSEUMS

Article 28. Competence to certify conditions for establishment and operation of museums

1. The Minister of Culture, Sports and Tourism may certify conditions for the establishment of national museums, specialized museums of ministries, sectors and central political organizations and socio-political organizations and specialized museums of units of ministries, sectors and central political organizations and socio-political organizations.

2. Directors of provincial-level Culture, Sports and Tourism Departments may certify conditions for the establishment of provincial-level museums and conditions for non-public museums to obtain an operation license.

3. Within 30 days after receiving a complete and valid dossier, the Minister of Culture. Sports and Tourism or the director of a provincial-level Culture. Sports and Tourism Department shall certify conditions for establishing, and obtaining an operation license for, a museum.

Article 29. Ranking of Vietnamese museums Vietnamese museums are ranked as follows:

1. Grade-I museums;

2. Grade-II museums;

3. Grade-Ill museums.

Article 30. Museum ranking criteria

1. A grade-I museum must satisfy the following criteria:

a/ Having sufficient documents and exhibits for display suitable to its subjects and scope of operation, including at least 5 collections of precious and rare documents and exhibits; having at least 90% of its total documents and exhibits scientifically inventoried;

b/ Conducting periodical and preventive conservation combined with restorative conservation of 100% of documents and exhibits;

c/ Having regular displays and annually having at least 3 theme displays; regularly opening to serve the public;

d/ Having permanent architectural works and appropriate technical infrastructure to guarantee the conservation and display of documents and exhibits specified at Points a, b and c. Clause 1 of this Article and other regular activities of the museum;

e/ All civil servants, public employees and employees engaged in professional operations hold a tertiary degree suitable to the subjects and scope of operation of the museum.

2. A grade-II museum must satisfy the following criteria:

a/ Having sufficient documents and exhibits for display suitable with the subjects and scope of operation of the museum, including at least 3 collections of precious and rare documents and exhibits; having at least 80% of its total documents and exhibits scientifically inventoried;

b/ Conducting periodical and preventive conservation of 100% of documents and exhibits;

c/ Having regular displays and annually having at least 2 theme displays; regularly opening to serve the public;

d/ Having permanent architectural works and appropriate technical infrastructure to guarantee the conservation and display of documents and exhibits specified at Points a, b and c, Clause 2 of this Article and other regular activities of the museum;

e/ At least 80% of civil servants, public employees and employees engaged in professional operations hold a tertiary degree suitable to the subjects and scope of operation of the museum.

3. A grade-III museum must satisfy the following criteria:

a/ Having sufficient documents and exhibits for display suitable to the subjects and scope of operation of the museum, including at least 1 collection of precious and rare documents and exhibits; having at least 70% of its total documents and exhibits scientifically inventoried;

b/ Periodically conserving 100% of documents and exhibits;

c/ Having regular displays and annually having at least one theme display; regularly opening to serve the public;

d/ Having permanent architectural works and appropriate technical infrastructure to guarantee the conservation and display of documents and exhibits specified at Points a, b and c, Clause 3 of this Article and other regular activities of the museum;

e/ At least 60% of civil servants, public employees and employees engaged in professional operations hold a tertiary degree suitable to the subjects and scope of operation of" the museum.

Article 31. Museum ranking competence, procedures an d dossiers

1. The competence to rank museums is provided as follows:

a/ The Minister of Culture, Sports and Tourism may grant the grade-I status to national museums, specialized museums of ministries, sectors and central political organizations and socio-political organizations and specialized museums of units of ministries, sectors and central political organizations and socio-political organizations, provincial-level museums, and non-public museums at the proposal of heads of museums and written opinions of ministers, heads of sectors or central political organizations or socio-political organizations or chairpersons of provincial-level People's Committees;

b/ Ministers, heads of sectors and central political organizations and socio-political organizations and chairpersons of provincial-level People's Committees may grant the grade-II or grade-Ill status to museums at the proposal of heads of museums and written approval of the Minister of Culture, Sports and Tourism.

2. Museum ranking procedures arc provided as follows:

a/ Procedures for ranking grade-I museums:

Heads of museums, ministers or heads of sectors, or central political organizations or socio­political organizations or chairpersons of provincial-level People's Committees shall submit written requests and museum ranking dossiers to the Minister of Culture, Sports and Tourism.

Within 30 days after receiving a written request and museum ranking dossier, the Minister of Culture, Sports and Tourism shall evaluate the dossier and rank the museum.

b/ Procedures for ranking grade II and grade-Ill museums

For specialized museums of ministries, sectors, or central political or socio-political organizations, heads of museums shall submit a written request and a museum ranking dossier to ministers or heads of these sectors or organizations.

For specialized museums of units of ministries, sectors, or central political or socio­political organizations, heads of museums shall submit a written request and a museum ranking dossier to heads of agencies or organizations directly managing the museums. For provincial-level museums and non-public museums, heads of museums shall submit a written request and a museum ranking dossier to directors of provincial-level Culture. Sports and Tourism Departments,

Within 30 days after receiving written requests and museum ranking dossiers, heads of agencies or organizations directly managing specialized museums of units of ministries, sectors, or central political or socio political organizations shall consider dossiers and send written requests and museum ranking dossiers to ministers or heads of these sectors or organizations; directors of provincial-level Culture. Sports and Tourism Departments shall consider and send written requests and museum ranking dossiers to chairpersons of provincial-level People's Committees.

Within 30 days after receiving written requests and museum ranking dossiers, ministers or heads of sectors or central political or socio­political organizations or chairpersons of provincial-level People's Committees shall evaluate the ranking of museums.

Within 30 days after having evaluation results, ministers or heads of sectors or central political or socio-political organizations or chairpersons of provincial-level People's Committees shall send written requests and museum ranking dossiers to the Minister of Culture, Sports and Tourism.

Within 30 days after receiving a written request and a museum ranking dossier, the Minister of Culture. Sports and Tourism shall consider the dossier and give approval.

Within 30 days after obtaining the Minister of Culture, Sports and Tourism's written approval, a minister or (he head of a sector or a central political or socio-political organization or chairperson of a provincial-level People's Committee shall issue a museum ranking decision.

3. A museum ranking dossier comprises:

a/ A written request for museum ranking, made by the museum head;

b/ A written request made by a minister or the head of a sector or political or socio-political organization or chairperson of a provincial-level People's Committee;

c/ A report on the museum slams based on the ranking criteria defined in Article 30 of this Decree and relevant documents.

Article 32. Depositing materials of intangible cultural heritage, vestiges, antiques and national precious objects into public museums or competent state agencies

1. Owners of intangible cultural heritage, vestiges, antiques and national precious objects may deposit materials of intangible cultural heritage, vestiges, antiques and national precious objects into public museums or competent state agencies in order to protect and promote their values in the following cases:

a/ Materials of intangible cultural heritage, vestiges, antiques and national precious objects under their ownership are in danger of loss or destruction due to natural disasters or enemy sabotage;

b/ They do not have appropriate conservation facilities, equipment and technical means;

c/ They are not professionally qualified in conservation work;

d/ They do not have conditions and capacity to introduce and display these materials for the public;

e/ They agree to let public museums or competent state agencies use materials of intangible cultural heritage, vestiges, antiques and national precious objects to promote their values.

2. State agencies competent to receive deposited materials of intangible cultural heritage, vestiges, antiques and national precious objects include:

a/ Public museums;

b/ The State Bank or the State Treasury, when vestiges, antiques and national precious objects are made of gold, silver, gem or diamond or are ancient coins;

c/ Specialized research agencies capable of protecting materials of intangible cultural heritage.

3. Public museums or state agencies competent to receive materials of intangible cultural heritage, vestiges, antiques and national precious objects shall keep confidential the names and addresses of owners at the latter :s request.

4. Materials of intangible cultural heritage, vestiges, antiques and national precious objects shall be deposited and received under property deposit contracts according to the civil law.

The Minister of Culture. Sports and Tourism shall specify dossiers and procedures for depositing materials of intangible cultural heritage, vestiges, antiques and national precious objects.

Chapter VI

COMMENDATION OF ORGANIZATIONS AND INDIVIDUALS FINDING AND HANDING OVER VESTIGES, ANTIQUES AND NATIONAL PRECIOUS OBJECTS

Article 33. Commendation of organizations and individuals finding and handing over vestiges, antiques and national precious objects

1. Forms of commendation

Organizations and individuals that discover vestiges, antiques and national precious objects and promptly notify such or voluntarily hand over them to state agencies in charge of culture, sports and tourism may, depending of the value of vestiges, antiques and national precious objects, be considered to receive letters of merit, certificates of merit, medals or other forms of commendation under current law.

2. Pecuniary rewards

Pecuniary rewards for organizations and individuals discovering or voluntarily handing over vestiges, antiques and national precious objects comply with Article 16 of the Government's Decree No. 96/2009/ND-CP of October 30. 2009, on handling of buried or sunk property discovered or found in the mainland, islands and sea areas of Vietnam.

Article 34. Competence, order and procedures for commendation of organizations and individuals discovering and handing over vestiges, antiques and national precious objects

1. Ministers, heads of sectors or political or socio-political organizations or chairpersons of provincial-level People's Committees of localities having public museums who are assigned by the Minister of Culture. Spoils and Tourism to receive vestiges, antiques and national precious objects discovered or handed over by organizations and individuals shall set up a council to value these vestiges, antiques and national precious objects.

2. Funds for the reimbursement of discovery and preservation expenses and for payment of rewards to organizations and individuals discovering and handing over vestiges, antiques and national precious objects shall be allocated from the state budget or other revenues under decisions of ministers, heads of sectors or political or socio-political organizations or chairpersons of provincial-level People's Committees of localities having public museums which receive and keep those vestiges, antiques and national precious objects.

In special cases, the Minister of Culture, Sports and Tourism shall coordinate with concerned ministries and branches in consideration and submission of these funds to the Prime Minister for decision.

3. Representatives of state museums which receive and keep vestiges, antiques and national precious objects shall give pecuniary rewards to organizations and individuals concerned under decisions of competent persons specified in Clause 2 of this Article.

4. The Minister of Finance shall specify the establishment of councils to value vestiges. antiques and national precious objects and procedures for reimbursement of discovery and preservation expenses and payment of rewards to organizations and individuals discovering and voluntarily handing over vestiges, antiques and national precious objects under Clause i of this Article.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 35. Effect

1. This Decree takes effect on November 6. 2010.

2. This Decree replaces the Government's Decree No. 92/2002/ND-CP of November 11, 2002. detailing a number of articles of the Law on Cultural Heritage.

Article 36. Organization of implementation

The Minister of Culture, Sports and Tourism shall guide and examine the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung