Chương 4 Văn bản hợp nhất 10/VBHN-VPQH năm 2013 hợp nhất Luật di sản văn hóa do Văn phòng Quốc hội ban hành: Bảo vệ và phát huy giá trị di sản văn hóa vật thể

Chapter 4.

PROTECTION AND PROMOTION OF VALUE OF TANGIBLE CULTURAL HERITAGE

SECTION 1. HISTORICAL-CULTURAL MONUMENTS AND SCENIC LANDSCAPES

Article 28.

1. [18] A historical-cultural monument shall fulfill one of the following criteria:

a) A construction work and/or place is associated with a typical national or local historical or cultural event;

b) A construction work or place is associated with the life and career of a national hero, personality or historical figure who has positive influence on the national or local development in different historical periods;

c) An archaeological site has a typical value;

d) An architectural or artistic work, architectural complex, overall urban architecture and place of residence has a typical value for one or several periods of the development of architecture or art."

2. A scenic landscape shall fulfill one of the following criteria:

a) A natural scenery or place exists a combination of natural scenery and architectural work with typical aesthetic value;

b) A natural zone has scientific value in terms of geology, topography, geography, biological diversity, typical ecological system or exists material traces of development stages of the earth.

Article 29. [19]

Historical-cultural monuments and scenic landscapes (hereinafter referred to as "monuments”) shall be ranked as follows:

1. Provincial-level monuments are monuments with typical local value, including:

a) Construction works or places that mark important local historical events or milestones, or in association with historical figures who have positive influence on the local development in different historical periods;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with local value;

c) Archaeological sites with local value;

d) Natural sceneries or places with a combination of natural landscape and architectural or artistic works that have local value.

2. National - level monuments are monuments with typical national value, including:

a) Construction works or places that mark important national historical events or milestones, or in association with national heroes, personalities or famous political, cultural, artistic or scientific activists who have important influence on the nation's history;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with typical value in Vietnam's architectural and artistic development periods;

c) Archaeological sites with outstanding value that mark different development periods of archaeological culture;

d) Beautiful natural sceneries or places with a combination of natural sceneries and architectural or artistic works or natural zones with scientific value in terms of geology, geomorphology, geography, biodiversity or specific eco-system.

3. Special national - level monuments are monuments with specially typical national values, including:

a) Construction works and places in association with events that mark specially important developments of the nation's history or with national heroes or typical personalities who have great influence on the nation's history;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with special value that mark Vietnam's different architectural and artistic development periods;

c) Archaeological sites with outstanding value that mark Vietnam's and world's important development periods of the archaeological culture;

d) Famous natural sceneries or places with a combination of national natural sceneries and architectural or artistic works with special national value, or Vietnam's and world's natural zones that are valuable in terms of geology, geomorphology, geography, biodiversity or famous specific eco-systems."

Article 30.

1. [20] Competence in decision on ranking of monuments is specified as follows:

a) The presidents of the provincial-level People’s Committees shall decide the ranking of provincial-level monuments and issue provincial-level monument-ranking certificates

b) The Minister of Culture, Sports and Tourism shall decide the ranking of national monuments and issue national monument-ranking certificates;

c) The Prime Minister shall decide the ranking of special national monuments and issue special national monument-ranking certificates; decide to propose the United Nations Educational, Scientific and Cultural Organization to consider and include Vietnam's typical monuments in the list of world heritage."

2. In case there are enough grounds to determine that a monument, which has already been ranked, is unqualified or irreparably destroyed, the person who is competent to decide the ranking of such monument may issue a decision on disregard of such monument’s ranking.

Article 31. [21]

Procedures for ranking monuments are prescribed as follows:

1. The President of the provincial-level People's Committee shall organize the inventory of monuments in his/her province, select monuments and make scientific dossiers thereof in order to decide their ranking as provincial-level monuments; and submit scientific dossiers on national monuments to the Minister of Culture, Sports and Tourism for decision on their ranking.

2. The Minister of Culture, Sports and Tourism shall direct the compilation of scientific dossiers on special national monuments and submit them to the Prime Minister for decision on their ranking; scientific dossiers on Vietnam's typical monuments and submit them to the Prime Minister for decision to propose the United Nations Educational, Scientific and Cultural Organization to consider and include these monuments in the list of world heritage.

Dossiers that have been submitted to the Prime Minister must be evaluated in writing by the national council for cultural heritage.

Article 32. [22]

1. Protected zones include:

a) Protected zones I are zones with original conditions of monuments;

b) Protected zones II are zones surrounding or adjacent to protected zones I.

In case it is impossible to determine protected zones II, the determination of protected zones I shall be decided by the president of the provincial-level People's Committee with regard to provincial-level monuments; by the Minister of Culture, Sports and Tourism with regard to national monuments; or by the Prime Minister with regard to special national monuments.

2. Protected zones specified in Clause 1 of this Article shall be delineated by competent authorities on cadastral maps and in protection zoning records of monument dossiers, and have boundary markers planted on field.

3. Protected zones I shall have their original ground and space protected. In case, it is required to construct works that directly serve protection and promotion of the value of monuments, such construction shall be approved in writing by persons who are competent to rank those monuments.

The construction of works for protection and promotion of the value of monuments in protected zones II shall be approved in writing by the president of the provincial-level People's Committee with regard to provincial-level monuments; or by the Minister of Culture, Sports and Tourism, with regard to national monuments and special national monuments.

The construction of works specified in this Clause shall not affect original conditions of monuments, natural sceneries or eco-environment of monuments."

Article 33.

1. Organizations and individuals who are monument owners or are assigned to manage and use monuments shall be responsible for protection of such monuments. In case, they detect that a monument is encroached upon, destroyed or in danger of being destroyed, they shall promptly adopt preventive measures and report to their immediate superior agency, the local People’s Committees or the nearest competent authorities that have control over culture, sport and tourism [23].

2. The local People’s Committees or the competent authorities that have control over culture, sports and tourism shall promptly adopt preventive and/or protective measures and immediately report to their immediate superior agencies when receiving reports on monuments that are being destroyed or in danger of being destroyed.

3. When receiving reports on monuments that are being destroyed or in danger of being destroyed, the Ministry of Culture, Sports and Tourism shall promptly direct and instruct the local competent authorities and/or owners of such monuments to immediately adopt preventive and/or protective measures; and report to the Prime Minister with regard to special national monuments.

4. [26] Construction works, places, natural sceneries or natural zones which satisfy the criteria specified in Article 28 of this Law and have been included in local lists of inventoried monuments shall be protected under this Law.

At least once every 5 years, the provincial-level People's Committees shall review and decide to remove construction works, places, natural sceneries or natural zones that are ineligible for ranking as monuments from local lists of inventoried monuments.

Article 34. [27]

1. Preservation, conservation and restoration of monuments shall meet the following requirements:

a) Preserve original conditions of monuments to the maximum;

b) Make plans and projects and submit them to competent authorities for approval, except for minor repair that does not affect original conditions of monuments. The preservation, conservation and restoration of monuments shall be approved in writing by provincial-level competent agencies that have control over culture, sports and tourism, with regard to provincial-level monuments; or by the Minister of Culture, Sports and Tourism, with regard to national monuments and special national monuments;

c) Publicize approved plans and projects in local areas where monuments exist.

2. Organizations or individuals that have control over plans or projects or construction or supervision of construc­tion of projects on preservation, conservation and restoration of monuments shall possess practice eligibility certificates with regard to organizations, or practice certificates with regard to individuals.

3. The Government shall specify competence, procedures for making and approval for plans and projects on preservation, conservation and restoration of monuments.

The Minister of Culture, Sports and Tourism shall issue a regulation on preservation, conservation and restoration of monuments and a regulation on issuance of practice eligibility certificates or practice certificates to entities specified in Clause 2 of this Article."

Article 35. [28]. (This Article is annulled)

Article 36.

1. If projects on renovation or construction of works outside protected zones specified in Article 32 of this Law are deemed likely to adversely affect the natural scenery and ecological environment of monuments when such projects are approved, it is required to have written appraisal opinions of competent authorities that have control over culture, sports and tourism[29].

2. In case investors of projects on renovation or construction of works specified in Clause 1 of this Article make requests, the competent authorities that have control over culture, sports and tourism [30] shall provide relevant documents and make detailed proposals for protection of monuments so that such investors can select appropriate solutions to assurance about the protection and promotion of the value of monuments.

3. .[31] Investors of projects on renovation or construction of works in places where monuments can be affected shall cooperate with and create conditions for competent authorities that have control over culture, sports and tourism to supervise renovation and construction of these works."

Article 37. [32]

1. The Presidents of the provincial-level People's Committees shall make archaeological plannings in their provinces, approve and publicize these plannings after obtaining written consent of the Minister of Culture, Sports and Tourism.

2. Investors of projects on renovation or construction of works in places under archaeological planning shall cooperate with and create conditions for competent authorities that have control over culture, sports and tourism to conduct archaeological exploration and/or excavation before these projects are carried out and supervise renovation and construction of these works.

3. In the process of renovation or construction of works, monuments, relics, antiquities or national treasures are found potentially available or are discovered, the project owners shall suspend construction and promptly notify competent authorities that have control over culture, sports and tourism.

When receiving notification from project owners, competent authorities that have control over culture, sports and tourism shall promptly adopt handling measures to ensure construction progress. In case it is necessary to terminate construction of works in those places in order to protect monuments, competent authorities that have control over culture, sports and tourism shall report to competent superior authorities for decision.

4. In case it is necessary to conduct archaeological exploration and/or excavation in places where works are renovated or constructed, funding for archaeological exploration and/or excavation is specified as follows:

a) With regard to a work renovated or constructed with state capital, the funding shall be included in the total investment capital of such work;

b) With regard to a work renovated or constructed without state capital, the funding shall be covered by state capital;

The Minister of Finance shall take charge and cooperate with the Minister of Culture, Sports and Tourism in provision of guidance on procedures and funding for exploration and excavation in the cases specified in this Clause."

Article 38. [33]

1. Archaeological exploration and/or excavation shall be conducted only after obtainment of permits from the Minister of Culture, Sports and Tourism.

2. In case an archaeological site is being destroyed or in danger of being destroyed, the president of the provincial-level People's Committee shall issue an emergency excavation permit and immediately report to the Ministry of Culture, Sports and Tourism. The president of the provincial-level People's Committee shall issue an emergency excavation permit within 03 days from the date of receipt of written request. In case of refusal, he/she shall state reasons in writing.

Article 39.

1. An organization with archaeological study function which wishes to carry out archaeological exploration and/or excavation shall send an application for archaeological exploration and/or excavation to the Ministry of Culture, Sports and Tourism [34].

2. The Minister of Culture, Sports and Tourism [35] shall issue archaeological exploration and/or excavation permits within 30 days after receiving such application. In case of refusal, the reasons therefor shall be clearly explained in writing.

3. The Minister of Culture, Sports and Tourism shall issue a regulation on archaeological exploration and/or excavation.

Article 40.

1. A person who takes charge of archaeological exploration and/or excavation shall satisfy the following conditions:

a) Having the bachelor degree in archaeology or bachelor degree in other specialties related to archaeology;

b) Having been directly engaged in archaeological activities for at least 5 years;

c) Being recommended in writing to the Ministry of Culture, Sports and Tourism by an organization which applies for archaeological exploration and excavation[37].

In case it is necessary to change such person, it is required to have the written approval by the Minister of Culture, Sports and Tourism[38].

2. Vietnamese organizations with archaeological study functions may cooperate with foreign organizations and individuals in archaeological exploration and/or excavation in Vietnam according to the provisions of law.

SECTION 2. RELICS, ANTIQUITIES AND NATIONAL TREASURES

Article 41. [39]

1. All relics and antiquities gathered in the process of archaeological exploration and excavation, or discovered and handed over by organizations and individuals shall be temporarily deposited in museums of the provinces where such relics and antiquities are discovered. The provincial-level museums shall receive and manage them and make reports to the Ministry of Culture, Sports and Tourism.

2. According to value and requirements for preservation of relics and antiquities specified in Clause 1 of this Article, the Minister of Culture, Sports and Tourism shall decide to hand over such relics and antiquities to state museums with appropriate functions to protect and promote their value.

3. Organizations and individuals that discover and hand over relics and antiquities shall be reimbursed for discovery and preservation expenses and rewarded with a sum of money according to the provisions of law.

Article 41a. [40]

1. A national treasure shall satisfy the following criteria:

a) Being a unique original object;

b) Being an object with a special form;

c) Being an object with special value related to a great national event or career of a national hero or a typical personality; or being a famous artistic work of ideological, humane or aesthetic value that is typical of a trend, style or era; or being a typical invented or created product with high practical value and effect of promotion of social development in a certain historical period; or being a natural specimen that proves different formation and development periods of the history of Earth and natural history.

2. National treasures shall be registered with competent authorities that have control over culture, sports and tourism. Owners of national treasures that have been registered shall have the rights defined in Clause 3, Article 42 of this Law When transferring the ownership of national treasures, their owners shall notify competent authorities that have control over culture, sports and tourism of new owners of these national treasures within 15 days after the transfer.

3. A national treasure shall be protected and preserved under a special regime.

4. The State shall efficiently allocate budget to purchase of national treasures.

5. The Prime Minister shall decide to recognize national treasures after obtaining evaluation opinions of the national council for cultural heritage.

6. The Minister of Culture, Sports and Tourism shall specify the procedures for recognition for national treasures."

Article 42. [41]

1. The State shall encourage organizations and individuals to register their own relics and antiquities with competent authorities that have control over culture, sports and tourism.

2. Relics and antiquities shall be examined at antiquity examination establishments before registration Antiquity examination establishments shall be responsible to law for their examination results.

3. Owners of registered relics and antiquities shall have the following rights:

a) Be issued with relic and antiquity registration certificates by competent authorities that have control over culture, sports and tourism; have information on registered relics and antiquities kept confidential at their request;

b) Be provided with professional guidance on, and created conditions for protection and promotion of the value of relics and antiquities, by competent authorities that have control over culture, sports and tourism.

4. The Minister of Culture, Sports and Tourism shall specify procedures for registration of relics and antiquities, and conditions for establishment and operation of antiquity examination establishments."

Article 43.

1. Relics, antiquities and national treasures under the ownership of the State, political organizations or socio-political organizations shall be managed in museums, and not be sold, purchased, donated and presented as gifts. Relics and antiquities under other ownership forms may be purchased, sold, exchanged, donated or bequeathed as inheritance at home and abroad according to the provisions of law. National treasures under other ownership forms may only be purchased, sold, exchanged, donated and bequeathed as inheritance in the country according to the provisions of law.

Bringing relics and antiquities overseas shall be permitted by the competent authorities that have control over culture, sports and tourism[43] .

2. The relics, antiquities and national treasures shall be purchased and sold at agreed prices or in auctions. The State shall be given priority to purchase relics, antiquities and national treasures.

Article 44.

Bringing relics, antiquities and national treasures overseas for display, exhibition, research or preservation shall satisfy the following conditions:

1. Having insurance from recipients of relics, antiquities and national treasures;

2. Having the decision of the Prime Minister on permission to bring national treasures overseas; or the decision of the Minister of Culture, Sports and Tourism [44] on permission to bring relics and antiquities overseas.

Article 45.

The competent authorities shall report to the Ministry of Culture, Sports and Tourism [45] on relics, antiquities and national treasures confiscated from the illegal search, purchase, sale, transportation, export and import so that the Minister of Culture, Sports and Tourism [46] decides to hand over such relics, antiquities and national treasures to agencies with appropriate functions.

Article 46.

Replicas of relics, antiquities and national treasures shall satisfy the following conditions:

1. Having clear purposes.

2. Having the originals for comparison.

3. Having specific marks to distinguish them from their originals;

4. Obtaining consents of owners of relics, antiquities and national treasures.

5. Obtaining permits from competent authorities that have control over culture, sports and tourism.

SECTION 3. MUSEUMS

Article 47. [48]

1. Museums include state museums and private museums.

2. State museums include:

a) National museums;

b) Specialized museums of ministries and central authorities, political organizations and socio-political organizations;

c) Specialized museums of units attached to ministries and central authorities, political organizations and socio-political organizations;

d) Provincial-level museums.

3. The Minister of Culture, Sports and Tourism shall issue a regulation on organization and operation of museums.

Article 48. [49]

A museum shall have the following tasks::

1. Collect, inventory, preserve and display collections of exhibits;

2. Conduct scientific research for protection and promotion of the value of cultural heritage;

3. Organize the promotion of the value of cultural heritage in service of society;

4. Build, train and retrain its human resources;

5. Manage its facilities and technical equipment;

6. Enlist international cooperation in accordance with law;

7. Provide services to visitors according to its tasks.

8. Perform other tasks as prescribed per the law.

Article 49.

Conditions for establishment of a museum include:

1. Having collection(s) of one or several themes;

2. Having a display area, storage and preservation equipment;

3. Having personnel who acquire professional knowledge and techniques for museological activities.

Article 50. [50]

1. Competence in decision on establishment of museums is specified as follows:

a) The Prime Minister shall decide establishment of national museums and specialized museums of ministries and central authorities, political organizations and socio­-political organizations at the proposal of ministers or heads of central authorities, political organizations or socio-political organizations;

b) Ministers or heads of central authorities, political organizations or socio-political organizations shall decide establishment of specialized museums of their attached units at the proposal of heads of their attached units;

c) The president of the provincial-level People’s Committee shall decide establishment of provincial-level museums at the proposal of competent local authorities that have control over culture, sports and tourism; and issue operation permits to private museums at the proposal of museum-establishing organizations and individuals.

2. Procedures for establishment and issuance of operation permits of museums are specified as follows:

a) An organization or individual that wishes to establish, or apply for an operation permit of a museum shall send an application to competent persons defined in Clause 1 of this Article.

The application includes a written request for establishment or operation permit of a museum and a written certification of the Ministry of Culture, Sports and Tourism of full satisfaction of conditions specified in Article 49 of this Law with regard to a national museum and specialized museum: or a written certification of the provincial-level competent authority that has control over culture, sports and tourism of full satisfaction of conditions specified in Article 49 of this Law with regard to a provincial-level museum or private museum;

b) Within 30 days after receiving such application, a person competent to decide establishment of, or issuance of an operation permit of a museum shall examine the application and make decision; in case of refusal, he/she shall state the reason therefor in writing."

Article 51.

1. Ranking of museums shall be based on the following criteria:

a) Quantity and value of collections;

b) Quality of preservation and display of collections;

c) Facilities and technical equipment;

d) Standardization level of officials.

2. According to the extent of satisfaction of the conditions prescribed in Clause 1 of this Article, the Government shall specify the ranking of museums.

Article 52.

Cultural heritage available in tradition houses and memorial houses shall be protected and have its value promoted under the provisions of this Law.

Article 53.

The State shall encourage owners to organize the wide display and/or introduction of their collections, relics, antiquities and national treasures.

When necessary, the competent authorities that have control over culture, sports and tourism [51] shall reach agreements with owners on use of their relics, antiquities and national treasures to serve the study or display at state museums.

Conditions for, contents and duration of the use of relics, antiquities and national treasures shall be agreed upon in writing by the competent authorities and their owners.