Chương 5 Văn bản hợp nhất 10/VBHN-VPQH năm 2013 hợp nhất Luật di sản văn hóa do Văn phòng Quốc hội ban hành: Quản lý nhà nước về di sản văn hóa

Chapter 5.

STATE MANAGEMENT OVER CULTURAL HERITAGE

SECTION 1. CONTENTS OF STATE MANAGEMENT OVER CULTURAL HERITAGE AND REGULATORY AGENCIES IN CULTURAL HERITAGE

Article 54.

Contents of state management over cultural heritage include:

1. Developing strategies, planning, plans and policies for development of protection and promotion of the value of cultural heritage and directing the implementation thereof.

2. Issuing and organizing implementation of legal documents on cultural heritage.

3. Organizing and directing protection and promotion of the value of cultural heritage; disseminating information about and educating the law on cultural heritage;

4. Organizing and managing scientific research; providing training and refresher training for officials in charge of cultural heritage;

5. Mobilizing, managing and using resources to protect and promote the value of cultural heritage.

6. Organizing and directing commendation for protection and promotion of the value of cultural heritage;

7. Organizing and managing international cooperation in protection and promotion of the value of cultural heritage;

8. Inspecting and examining observance of the law, settlement of complaints and denunciations and handling of violations against the law on cultural heritage.

Article 55.

1. The Government shall unify state management over cultural heritage.

2. The Ministry of Culture, Sports and Tourism [52] shall be responsible to the Government for state management over cultural heritage.

3. The ministries, ministerial-level agencies, Governmental agencies shall be responsible for state management over cultural heritage under assignment of the Government.

The Government shall elaborate the responsibilities of the ministries, ministerial-level agencies and Governmental agencies for cooperation with the Ministry of Culture, Sports and Tourism in unification of state management over cultural heritage.

4. The People’s Committees of all levels shall, within the scope of their tasks and powers, exercise state management over cultural heritage in their local areas under assignment of the Government.

Article 56.

The national council for cultural heritage is an advisory council of the Prime Minister for cultural heritage.

The Prime Minister elaborates the organization and operation of the national council for cultural heritage.

SECTION 2. RESOURCES FOR PROTECTION AND PROMOTION OF THE VALUE OF CULTURAL HERITAGE

Article 57.

The State shall encourage and create favorable conditions for associations of literature and arts, science and technology to take part in protection and promotion of the value of cultural heritage.

The State shall encourage private sector involvement in protection and promotion of the value of cultural heritage.

Article 58.

Financial sources for protection and promotion of the value of tangible cultural heritage include:

1. State budget.

2. Revenues from use and promotion of the value of cultural heritage.

3. Financial assistance and contributions from domestic and foreign organizations and individuals.

Article 59.

The State shall prioritize the State budget’s investment in protection and promotion of the typical value of special national monuments, national museums, national treasures, historical revolutionary monuments and intangible cultural heritage.

Article 60.

Organizations and individuals that are owners of monuments, collections and/or museums or are assigned to manage and use them shall be entitled to collect visiting fee and charge for use of such monuments, collections and museums according to the provisions of law.

Article 61.

1. The State shall encourage organizations and individuals to contribute or provide financial assistance for protection and promotion of the value of cultural heritage.

2. The contribution and financial assistance for protection and promotion of the value of cultural heritage shall be considered and acknowledged in appropriate forms.

Article 62.

Financial sources for protection and promotion of the value of cultural heritage shall be managed and used for the right purposes, in an effective manner.

SECTION 3. INTERNATIONAL COOPERATION IN CULTURAL HERITAGE

Article 63.

The State shall adopt policies and measures for improving cooperative relationship with foreign countries, organizations and individuals in the protection and promotion of the value of cultural heritage on the basis of respect for each other’s independence, national sovereignty, equality and mutual benefit, in accordance with the provisions of Vietnamese laws and international treaties of which the Socialist Republic of Vietnam is a signatory or a participant, thereby contributing to promotion of the value of the world cultural heritage, and friendship cooperation and mutual understanding among nations.

Article 64.

The State shall encourage overseas Vietnamese and foreign organizations and individuals to take part in protection and promotion of the value of the Vietnamese cultural heritage according to the provisions of law.

Article 65.

Contents of international cooperation in cultural heritage include:

1. Developing and carrying out projects and programs on international cooperation in the protection and promotion of the value of cultural heritage;

2. Taking part in international organizations and treaties on the protection and promotion of the value of cultural heritage;

3. Conducting scientific research, applying scientific advances and transferring modern technologies to preservation and conservation of monuments, construction of museums and archaeological excavation;

4. Exchanging exhibitions of cultural heritage;

5. Cooperating in the protection of Vietnamese cultural heritage in foreign countries;

6. Providing training and refresher training, exchanging information and experience in the protection and promotion of the value of cultural heritage.

SECTION 4. INSPECTION AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS OF CULTURAL HERITAGE

Article 66.

The state inspectorate in charge of culture, sports and tourism, which conducts specialized inspection of cultural heritage, shall have the following tasks:

1. Inspect the observance of the law on cultural heritage;

2. Inspect the implementation of plans and planning on the protection and promotion of the value of cultural heritage.

3. Detect, prevent and handle violations against law on cultural heritage under its competence

4. Receive and propose the settlement of complaints and denunciations of cultural heritage;

5. Propose measures to ensure the enforcement of the law on cultural heritage.

Article 67.

An inspected entity shall have the following rights and obligations:

1. Request inspectorate to present inspection decisions, inspectors to present their inspection cards and strictly comply with the law on inspection;

2. Lodge complaints, denunciations or institution of legal proceedings to competent authorities about inspection decisions, acts of inspectors or inspection conclusions when they have grounds to believe that such decisions, acts or conclusions are contrary to law;

3. Claim compensations for damage caused by handling measures adopted by inspectorate or inspectors that are contrary to law;

4. Satisfy the requests of inspectorate and inspectors, create conditions for inspectors to perform their tasks; abide by handling decisions of inspectorate and inspectors according to provisions of law.

Article 68.

1. Organizations and individuals shall be entitled to lodge complaints or institution of legal proceedings in administrative decisions or administrative acts of agencies, organizations and/or individuals competent to enforce the law on cultural heritage.

2. Individuals shall be entitled to denounce violations against the law on cultural heritage to competent agencies, organizations and/or individuals.

3. The competence and procedures for settlement of complaints, denunciations and institution of legal proceedings shall comply with the provisions of law.