Chương V Nghị định 98/2010/NĐ-CP: Tổ chức và hoạt động của bảo tàng

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.