Chương 1 Văn bản hợp nhất 10/VBHN-VPQH năm 2013 hợp nhất Luật di sản văn hóa do Văn phòng Quốc hội ban hành: Những quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1.

Cultural heritage specified in this Law includes intangible cultural heritage and tangible cultural heritage, which are spiritual or material products that have historical, cultural or scientific value and are handed down from generation to generation in the Socialist Republic of Vietnam.

Article 2.

This Law elaborates protection and promotion of the value of cultural heritage; determines the rights and obligations of organizations and individuals to the cultural heritage in the Socialist Republic of Vietnam.

Article 3.

This Law applies to Vietnamese and foreign organizations and individuals, and overseas Vietnamese that operate in Vietnam. In case an international treaty of which Vietnam is a signatory or a participant contains provisions different from those of this Law, the provisions of such international treaty shall apply.

Article 4.

For the purposes of this Law, the terms below are construed as follows:

1. [2] “Intangible cultural heritage” means a spiritual product in association with relevant communities or individuals, objects and cultural spaces which has historical, cultural or scientific value, expresses the identity of communities, is constantly recreated and handed down from generation to generation via oral tradition, craft education, performing arts or other forms."

2. ”Tangible cultural heritage” means a material product which has historical, cultural or scientific value, including historical-cultural monuments, scenic landscapes, relics, antiquities and national treasures.

3. ”Historical-cultural monuments” mean construction works and sites, and relics, antiquities and/or national treasures of such works and sites that have historical, cultural and/or scientific value.

4. ”Scenic landscape” means a natural scenery or place which has a combination of natural sceneries and architectures of historical, artistic and/or scientific value.

5. ”Relic” means an object that survives from the past and has historical, cultural and/or scientific value.

6. ”Antiquity” means an object that survives from the past, has typical value in terms of history, culture and/or science and is at least one hundred years old.

7. ”National treasure” means an object that survives from the past and has extremely precious, rare and typical value in terms of history, culture and/or science.

8. ”Replica of relic, antiquity or national treasure” means a product that is identical to the original in terms of shape, size, material, color, ornamentation and other features.

9. ”Collection” means a group of relics, antiquities and national treasures or intangible cultural heritage, which are gathered, preserved and arranged systematically according to common signs in terms of presentation, content and material to meet the demand for inquiry into natural and social history.

10. ”Archaeological exploration or excavation” means a scientific activity aimed at discovering, gathering and researching relics, antiquities, national treasures and archaeological sites.

11. ”Preservation of a historical-cultural monument, scenic landscape, relic, antiquity or national treasure” means an activity aimed at preventing and minimizing risks of damage without changing the authenticity inherent in the historical-cultural monument, scenic landscape, relic, antiquity or national treasure.

12. ”Conservation of a historical-cultural monument or scenic landscape” means an activity aimed at repairing, reinforcing and/or embellishing the historical-cultural monument.

13. ”Restoration of a historical-cultural monument or scenic landscape” means an activity aimed at reconstructing the historical-cultural monument or scenic landscape that was destroyed using scientific data about such historical-cultural monument or scenic landscape

14. [3] “Inventory of cultural heritage” means the identification, valuation and making of a list of cultural heritage sites.

15. [4] “Elements that constitute a monument” mean the elements which have historical, cultural, scientific or aesthetic value specific to a historical-cultural monument or scenic landscape.

16. [5] “Museum” means a cultural institution having the functions of collection, preservation, research, display and introduction of cultural heritage and physical evidences related to nature, humans and their living environment to meet public demands for research, study, sightseeing and cultural enjoyment."

Article 5.

The State shall unify management of state-owned cultural heritage[6]; recognize and protect collective ownership, community ownership, private ownership and other forms of ownership related to cultural heritage according to the provisions of law.

The ownership right and copyright on cultural heritage shall be defined under the provisions of this Law, the Civil Code and other relevant provisions of law.

Article 6.

All cultural heritage sites under the ground, in the mainland, on islands, in the inland waters, territorial waters, exclusive economic zones and continental shelf of the Socialist Republic of Vietnam are state-owned cultural heritage sites[7].

Article 7.

Cultural heritage sites discovered with unidentified owner and gathered in the process of archaeological exploration and/or excavation are state-owned cultural heritage sites.

Article 8.

1. All cultural heritage sites on Vietnamese territory, which have domestic or foreign origins and are under different forms of ownership, shall be protected and have their value promoted.

2. Vietnamese cultural heritage sites in foreign countries shall be protected under international practices and the provisions of the international treaties of which the Socialist Republic of Vietnam is a signatory or a participant.

Article 9.

1. The State shall adopt the policy of protection and promotion the value of cultural heritage in order to raise the people’s spiritual life, contribute to the socio-economic development of the country; encourage domestic and foreign organizations and individuals to contribute or provide financial supports to protection and promotion of the value of cultural heritage.

2. The State shall protect the lawful rights and interests of owners of cultural heritage sites. The owner of cultural heritage shall be responsible for protection and promotion the value of such cultural heritage.

3. The State shall invest in training and refresher training for officials, research into and application of sciences and technologies to the protection and promotion of the value of cultural heritage.

Article 10.

State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed forces (hereinafter referred to as “organizations”) and individuals shall be responsible for protection and promotion of the value of cultural heritage.

Article 11.

The cultural and mass media agencies shall be responsible for wide dissemination of information about the value of cultural heritage of ethnic groups in Vietnam at home and abroad, thereby contributing to increase in awareness of protection and promotion of the value of cultural heritage among the people.

Article 12.

Vietnamese cultural heritage shall be used for the following purposes:

1. Promoting its value for the social benefits;

2. Promoting the fine traditions of the ethnic groups in Vietnam;

3. Contributing to creation of new cultural values, enriching the treasure of Vietnamese cultural heritage and expanding the international cultural exchange.

Article 13.

Following acts shall be strictly prohibited:

1. [9] Appropriating or deviating historical-cultural monuments or scenic landscapes;

2. Destroying or posing a danger of destroying cultural heritage;

3. Conducting illegal excavations at archaeological sites; illegally constructing, encroaching upon the land within historical-cultural monuments or scenic landscapes;

4. [10] Illegally purchasing, selling, exchanging and transporting relics, antiquities and national treasures of historical-cultural monuments or scenic landscapes; purchasing, selling, exchanging and transporting relics, antiquities and national treasures that have illegal origins; illegally bringing relics, antiquities and national treasures overseas;

5. [11] Taking advantage of the protection and promotion of the value of cultural heritage to gain illegal benefits, carry out superstitious activities or commit other violations against law.