Chương III Nghị định 98/2010/NĐ-CP: Bảo vệ và phát huy giá trị di tích

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.