Chương II Nghị định 98/2010/NĐ-CP: Bảo vệ và phát huy giá trị di sản văn hóa phi vật thể

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.