Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 92/2002/ND-CP | Hanoi, November 11, 2002 |
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE CULTURAL HERITAGE LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Cultural Heritage Law;
At the proposal of the Minister of Culture and Information,
DECREES:
Article 1.- Scope and objects of regulation
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Article 2.- Intangible cultural heritage and tangible cultural heritage
1. Intangible cultural heritage includes:
a/ Speech, scripts;
b/ Literary, art or scientific works defined in Article 747 of the Civil Code on forms of protectable works of historical, cultural or scientific value;
c/ Oral philology, including myths, sayings, proverbs, idioms, riddles, fables, folk verses, folk narrative poems, epics, long poems, funeral orations, ritual prayings and other forms of oral philology;
d/ Folk oratorio, including music, dance, theater, mimicking, disguise, fashion shows, beauty pageants, hat doi (exchange of love songs between boys and girls), games and other forms of folk oratorio;
e/ Lifestyles and ways of life, reflected through conventional rules of behavior - unwritten code of conducts of social members: customary laws, village codes, moral standards, rites in comportment towards ancestors, grandparents and parents, attitude towards the nature; funeral, wedding and newborn-name giving ceremonies; actions, greetings and invitations, as well as other customs and traditional practices;
f/ Traditional festivals, including those heightening the patriotism, the love of nature, the national pride and the anti-foreign invasion tradition, honoring national heroes and cultural celebrities, praising the industriousness, and creative labor of the people, upholding the benevolence, aspiration for freedom and happiness and the spirit of community solidarity;
g/ Traditional handicrafts;
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2. Tangible cultural heritage includes historical-cultural monuments, scenic landscapes and beauty spots (hereinafter referred collectively to as monuments), relics, antiques and national treasures.
3. Particularly precious and rare value of national treasures is reflected through the following criteria:
a/ Being original or unique objects;
b/ Having distinctive appearances;
c/ Having typical historical, cultural or scientific value proving that they are:
- Material evidences of a great event or closely attached to the life or career of a national hero or an outstanding celebrity;
- Art works renowned for their ideological-humane value or aesthetic value and mode of presentation typifying a trend, a style or a time;
- Typically created or invented products of high practical values and effect to promote the social development in a given historical period;
d/ Being recognized under the Prime Minister’s decisions after the National Council for Cultural Heritages gives its evaluation opinions.
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The State protects and promotes the cultural heritage value through the following policies:
1. Formulating and implementing a target program for preservation of typical cultural heritages;
2. Commending and/or rewarding organizations and individuals that record achievements in the protection and promotion of the cultural heritage value; materializing policies on spiritual and material privileges for artisans and artists who master and have merits in popularizing traditional arts or professional know-hows of special values;
3. Researching into and applying scientific and technological advances to the following activities:
a/ Archaeological exploration and excavation; preservation, renovation, embellishment and value promotion of monuments;
b/ Evaluation and preservation of artifacts, and rectification and renewal of exhibited contents as well as museological information forms;
c/ Collection, preservation and popularization of intangible cultural heritage values; setting up of a data bank on intangible cultural heritage.
4. Training and fostering a contingent of professional personnel in the field of protection and promotion of the cultural heritage value;
5. Encouraging and creating conditions for organizations and individuals at home and abroad to make spiritual and material contributions to or directly take part in activities of protecting and promoting the cultural heritage value;
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1. Propagating, popularizing or showing intangible cultural heritages in deviation from their true contents and values.
2. Altering original constituents of cultural heritages by adding, moving or exchanging artifacts in monuments, or renovating or restoring relics untrue to their original constituents, and taking other acts without permission of the competent State agencies in charge of culture and information; propagating and introducing monuments in deviation from their contents and values.
3. Changing surrounding environment and landscapes of cultural heritages by illegally felling trees, breaking stones, digging, excavating and constructing works and other activities which adversely affect such relics.
4. The following acts shall be considered illegal excavation of archaeological sites:
a/ Excavating and searching without permission for relics, antiques and/or national treasures within monument protection zones and archaeological sites, such as inhabitancy locations, graves, tool-making workshops, citadels, fortresses and other archaeological sites;
b/ Searching for, lifting up and landing without permission relics, antiques and/or national treasures sunk in water.
PROTECTION AND PROMOTION OF INTANGIBLE CULTURAL HERITAGE VALUES
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1. Directors of the provincial/municipal Culture and Information Services shall have to work out annual plans funded by local non-business budgets for, and organize the investigation, discovery, statistics and classification of, intangible cultural heritages, and compile dossiers thereon.
2. Presidents of the People’s Committees of the provinces and centrally-run cities (hereinafter referred to as the presidents of the provincial-level People’s Committees) shall direct the organization of compilation of dossiers on intangible cultural heritages in their respective localities.
3. The Culture and Information Minister shall specify the compilation of scientific dossiers on intangible cultural heritages.
1. Typical intangible cultural heritages shall be selected according to the following criteria:
a/ Having special historical, cultural or scientific value;
b/ Having national and international scopes and levels of historical, cultural or scientific impacts;
c/ Reflecting the origin and role of intangible cultural heritages towards the community in the past and at present;
d/ Showing distinctive traditional cultural identities and serving as basis for the creation of new cultural values.
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a/ Basing themselves on the criteria prescribed in Clause 1 of this Article, the presidents of the provincial-level People’s Committees shall organize and direct the compilation of dossiers on typical intangible cultural heritages at written requests of their owners and the directors of the provincial/municipal Culture and Information Services;
b/ The presidents of the People’s Committees of the provinces where exist cultural heritages shall send dossiers thereon to the Culture and Information Minister for evaluation by the National Council for Cultural Heritages;
c/ Within 45 days after receiving the dossiers, the National Council for Cultural Heritages shall conduct the evaluation and give their opinions in writing;
d/ The Culture and Information Minister shall submit them to the Prime Minister for consideration and decision.
3. A dossier on a typical intangible cultural heritage to be submitted to the Prime Minister comprises:
a/ A written request of such typical intangible cultural heritage�s owner and a written consent of the director of the Culture and Information Service of the locality where exists such typical intangible cultural heritage;
b/ Relevant documents on the typical intangible cultural heritage according to the regulations of the United Nations Educational, Scientific and Cultural Organization (UNESCO);
c/ The written evaluation of the National Council for Cultural Heritages;
d/ The written proposal of the Culture and Information Minister to the Prime Minister.
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4. The Culture and Information Minister shall have to send dossiers on typical intangible cultural heritages after obtaining the Prime Minister’s decisions, to the United Nations Educational, Scientific and Cultural Organization (UNESCO) proposing the latter to recognize them as world cultural heritages; then report to the Prime Minister on, and notify the presidents of the provincial-level People’s Committees and the typical intangible cultural heritages owners of, the decisions of the United Nations Educational, Scientific and Cultural Organization on such typical intangible cultural heritages.
Article 7.- Necessary measures to protect and promote intangible cultural heritage values
The State protects and promotes intangible cultural heritage values through the following measures:
1. To organize the execution of projects for study, collection, statistics and classification of intangible cultural heritages throughout the country;
2. To conduct regular and periodical collection, statistics and classification of intangible cultural heritages;
3. To intensify the handing down, popularization, publication, performance and restoration of intangible cultural heritages of all types;
4. To invest in and provide funding support for activities of protecting and promoting intangible cultural heritage values; to prevent the dangers of fade-out or loss of intangible cultural heritages;
5. To diversify the forms of socialization in the domain of protection and promotion of intangible cultural heritage values;
6. To conduct the free-of-charge evaluation, provide professional instructions, and render support for the archival and preservation of intangible cultural heritages at the requests of organizations or individuals being owners of such intangible cultural heritages.
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The State protects and develops spoken and written languages of the nationalities in Vietnam through the following measures:
1. Organizing the research into, collection and archival of spoken and written languages of the nationalities in Vietnam;
2. Adopting policies to support the popularization and teaching of spoken and written languages of the nationalities in Vietnam for the purpose of maintaining and developing them;
3. Organizing activities of studying, disseminating and promulgating legal documents and other activities for the purpose of maintaining and developing the purity of the Vietnamese language.
The State encourages the maintenance, restoration and development of traditional handicrafts of typical value through the following measures:
1. Surveying and classifying traditional handicrafts throughout the country; rendering support for the maintenance and restoration of traditional handicrafts of typical value or in danger of being faded out or lost;
2. Creating favorable conditions for the exploitation and use of traditional materials;
3. Adopting policies to encourage and support the use of traditional handicraft methods and techniques;
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5. Enhancing and creating favorable conditions for the popularization and teaching of professional techniques and skills of the traditional handicrafts of typical value;
6. Adopting preferential tax policies towards activities of maintaining, restoring and developing of the traditional handicrafts of typical value according to the provisions of tax laws.
Article 10.- The maintenance and promotion of cultural values of traditional festivals
1. The State creates conditions for the maintenance and promotion of the cultural values of traditional festivals through the following measures:
a/ Creating favorable conditions for the organization of festivals;
b/ Encouraging the organization of folk and traditional cultural and artistic activities in association with festivals;
c/ Selectively restoring and revitalizing traditional rituals, such as worshipping ceremonies, rites, processions and other traditional rituals;
d/ Encouraging the guidance and wide popularization of origin and content of typical and unique traditional values of festivals at home and abroad.
2. The following acts are strictly prohibited in festival organization and activities:
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b/ Organizing superstitious activities and revitalizing bad customs;
c/ Commercializing festival activities in various forms; distorting or imposing exotic rituals or structures to traditional festivals; providing illegal accommodation, food-catering and belief services in monument protection zones;
d/ Gambling in all forms;
e/ Burning votive offerings;
f/ Other law-breaking acts.
3. The organization of traditional festivals shall comply with the Regulation on organization of festivals, promulgated by the Culture and Information Minister.
1. The Culture and Information Ministry and the provincial/municipal Culture and Information Services are the State agencies competent to grant permits for study and collection of intangible cultural heritages in Vietnam.
2. Procedures for granting permits for study and collection of intangible cultural heritages are prescribed as follows:
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In cases where a study and collection site covers two or more provinces and/or centrally-run cities, the permit applications must be sent to the Culture and Information Minister;
b/ Within 30 days after receiving the applications, the Culture and Information Minister or the directors of the provincial/municipal Culture and Information Services shall have to consider and grant permits. In case of refusal, the reasons therefor must be clearly stated in writing.
The State honors and adopts policies on preferential treatment towards artisans and artists through the following measures:
1. Awarding or posthumously awarding orders, medals or State honorable titles or effecting other honoring forms to artisans and artists who master and have merits in preserving and/or popularizing traditional arts or professional know-hows being typical intangible cultural heritages according to the provisions of law;
2. Creating conditions and partially supporting funds for activities of creating, performing, displaying, introducing and selling products by artisans and artists who master and have merits in preserving and/or popularizing traditional arts or professional know-hows being typical intangible cultural heritages;
3. Providing monthly cost-of-living allowance and some other privileges to artisans and artists who have been conferred the State honorable titles but earn low incomes or in difficult circumstances, and those living in difficult or particularly difficult regions according to the provisions of law.
PROTECTION AND PROMOTION OF TANGIBLE CULTURAL HERITAGE VALUES
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On the basis of the criteria prescribed in Article 28 of the Cultural Heritage Law, monuments are classified into:
1. Historical monuments (monuments commemorating events, monuments commemorating celebrities);
2. Architectural and artistic monuments;
3. Archaeological monuments;
4. Scenic landscapes and beauty spots.
Article 14.- Grading of provincial-level, national and special national monuments
Monuments defined in Article 29 of the Cultural Heritage Law, which are historical monuments, architectural and artistic monuments, archaeological monuments, scenic landscapes and beauty spots, shall be graded as follows:
1. Provincial-level monuments include:
a/ Construction works and/or places marking important events and historical landmarks of localities or associated with figures having positive influence on the local development through historical periods;
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c/ Valuable archaeological sites within localities;
d/ Natural scenery or places where exists a combination of natural scenery and artistic architectures of local value.
2. National monuments include:
a/ Construction works or places marking important events and historical landmarks of the nation or associated with national heroes or famous politicians, cultural and artistic activists and scientists, who exert important influence on the nation’s historical process;
b/ Artistic architectures, urban architecture ensemble and urban architectures of typical value through the development stages of the national architecture;
c/ Archaeological sites of conspicuous value marking the development stages of archaeological cultures;
d/ Beautiful natural scenery or places where exists the combination of natural scenery with artistic architectures or natural areas of scientific value in geology, topography, geography or biological diversity, or with typical ecological systems.
3. Special national monuments include:
a/ Construction works or places associated with events marking the particularly important turning points in the national history or associated with national heroes or outstanding celebrities with a great influence on the nation’s historical process;
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c/ Archaeological sites of conspicuous value marking the important development stages of the well-known archaeological cultures in Vietnam and the world;
d/ Famous beautiful natural scenery or places where exists the combination of natural scenery with architectures of special value of the nation or natural areas with geological, topographical, geographical or biological diversity value or with typical ecological systems renowned in Vietnam and the world.
Article 15.- Regulations on compilation of monument-grading dossiers
1. The directors of the provincial/municipal Culture and Information Services shall be answerable to the provincial-level People’s Committee presidents for organizing the inventory and classification of monuments according to the criteria prescribed in Article 28 of the Cultural Heritage Law.
2. Basing themselves on the historical, cultural or scientific value of already inventoried and classified monuments defined in Article 14 of this Decree, the directors of the provincial/municipal Culture and Information Services shall have to compile and submit dossiers on such monuments to the competent State agencies defined in Article 31 of the Cultural Heritage Law for consideration of the grading of monuments.
3. A monument-grading dossier comprises:
a/ An application for monument grading of an organization or individual that is the owner or assigned manager of the monument;
b/ The monument background;
c/ The map of location of and access roads to the monument;
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e/ The volume of color photos describing the monument, as well as relics, antiques and/or national treasures belonging thereto, of a size of 9 cm x 12 cm or larger (if any);
f/ The list of relics, antiques and/or national treasures belonging to the monument;
g/ Imprints and translations of stelae, parallel scrolls, dai tu (large-sized ideographic characters inscribed on boards) and Han-Nom (Chinese-Nom script) documents or documents in other languages about the monument;
h/ Written record and map marking off the monument protection zones with certification seals of the local People’s Committees at various levels, the provincial/municipal Land Administration Department and Culture and Information Service;
i/ Exposition on the monument grading under the provisions in Clause 1, Article 31 of the Cultural Heritage Law.
The Culture and Information Minister shall specify the form and content of monument dossiers.
Article 16.- Principles for delineating protection zones of monuments
1. The delineation of protection zone I of a monument prescribed in Clause 1, Article 32 of the Cultural Heritage Law shall be carried out according to the following principles:
a/ For monuments being construction works or places associated with historical events or life and career of celebrities, the area of protection zone I must ensure the reflection of prominent developments of such historical events or works of memorials to celebrities related to such monuments;
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c/ For monuments being groups of architectural-artistic works or single architectural works, the delineation of protection zone I must ensure the status quo of inherent works of such monuments, including yards, gardens, ponds, lakes as well as other elements related to the monuments;
d/ For scenic landscapes and beauty spots, the delineation of protection zone I must ensure the integrity of natural scenery, terrain, topography and other geographical elements containing the biological diversity and typical ecological systems or material traces of development stages of the earth.
2. Protection zone II is the area surrounding or adjoining protection zone I, for the purpose of protecting the natural scenery and ecological environment of the monuments, and where works can be constructed in service of the embellishment, exploitation and value promotion of the monuments.
Cases where a monument is determined to have only protection zone I shall exist only when such monument lies within a population quarter or is adjacent to other construction works which cannot be relocated. For a monument consisting of many construction works and located on a large area, the protection zone I must be delineated for each construction work or location.
Competence to approve projects on preservation, embellishment and restoration of monuments is provided for as follows:
1. The presidents of the provincial-level People’s Committees shall approve projects on preservation, embellishment and restoration of provincial-level monuments at the requests of the directors of the provincial/municipal Culture and Information Services; approve projects on preservation, embellishment and restoration of national monuments and special national monuments of groups B and C according to the provisions of the legislation on investment and construction, after obtaining written evaluation of the Culture and Information Minister;
2. The Culture and Information Minister shall approve projects on preservation, embellishment and restoration of national monuments and special national monuments of groups B and C according to the provisions of the legislation on investment and construction.
In cases where he/she deems the preservation, embellishment and restoration of monuments incompatible with the contents of the already approved projects, the Culture and Information Minister shall decide to suspend the project execution;
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1. The directors of the provincial/municipal Culture and Information Services shall evaluate projects on renovation and construction of works lying outside the provincial-level monuments protection zones, which may adversely affect such monuments.
2. The Culture and Information Minister shall evaluate projects on renovation and construction of works lying outside the protection zones of national monuments and special national monuments, which may adversely affect such monuments.
Article 19.- Organizations with function of archaeological exploration and excavation
1. The State’s archaeological research agency.
2. Universities having the archaeological study subject.
3. Museums and the State’s relic management board with function of archaeological research.
4. Societies with function of archaeological research at the central level.
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1. For works constructed with the State’s capital, the archaeological exploration and excavation funding shall be accounted into the total investment capital of such works.
2. For works constructed without the State’s capital, the archaeological exploration and excavation funding shall be allocated by the State.
The Finance Minister shall have to consider the allocation of archaeological exploration and excavation funding at the requests of the Culture and Information Minister and the presidents of the provincial-level People’s Committees.
The Finance Minister shall assume the prime responsibility and coordinate with the Culture and Information Minister in guiding in detail the procedures for supplementing and allocating the exploration and excavation funding for cases prescribed in this Article.
RELICS, ANTIQUES AND NATIONAL TREASURES
1. All relics, antiques and national treasures lying underground in the mainland, islands, inland waters, territorial waters, exclusive economic zones and continental shelf as defined in Article 6 of the Culture Heritage Law, when being discovered or found, shall belong to the State as provided for in Article 248 of the Civil Code.
2. The directors of the provincial/municipal Culture and Information Services shall have to organize the collection and receipt of relics, antiques and national treasures for their temporary deposit into preservative storage of provincial-level museums of localities where such relics, antiques and/or national treasures were discovered according to the provisions in Clause 1, Article 41 of the Cultural Heritage Law.
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Article 22.- Purchase, sale, protection and preservation of national treasures
National treasures discovered and handed over by organizations and individuals shall be given priority and all favorable conditions for the receipt and protection or preservation at the State-run museums, State Bank or State Treasury with technical facilities and equipment capable of securing their safety.
In cases where national treasures are auctioned, the State shall have the pre-emptive right to purchase them.
The State shall ensure funding for the purchase, protection and preservation of national treasures.
Article 23.- Registration of relics, antiques and national treasures
1. The directors of the provincial/municipal Culture and Information Services shall have to organize the registration of relics, antiques and national treasures within their respective localities.
2. Owners of national treasures shall have to carry out the procedures for registering such treasures with the provincial/municipal Culture and Information Services of the localities where they reside. In cases where a national treasure changes hands, the former owner shall, within 15 days after the change, have to notify the full name and address of the new owner to the provincial/municipal Culture and Information Service where such national treasure is registered.
After the registration of national treasures, the directors of the provincial/municipal Culture and Information Services shall have to promptly report such to the Culture and Information Minister.
3. Rights of owners of the already registered relics, antiques and national treasures:
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b/ To be given free-of-charge evaluation by the State’s professional bodies;
c/ To be provided professional instructions on the preservation of relics, antiques and/or national treasures under their ownership;
d/ To be given favorable conditions for promoting the values of relics, antiques and/or national treasures.
4. The Culture and Information Minister shall specify the order and procedures for registering relics, antiques and national treasures.
Procedures for bringing relics, antiques and national treasures abroad for display, exhibition, research or preservation are prescribed as follows:
1. For relics and antiques:
a/ Relics and antiques belonging to national museums shall be permitted by the Culture and Information Minister at the written requests of the museums directors;
b/ Relics and antiques belonging to specialized museums shall be permitted by the Culture and Information Minister at the written requests of the heads of the agencies or organizations managing such museums;
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d/ Relics and antiques under private ownership shall be permitted by the Culture and Information Minister at the written requests of the directors of the provincial/municipal Culture and Information Services on the basis of permit applications of owners of such relics and antiques.
2. For national treasures:
a/ National treasures belonging to national museums shall be permitted by the Prime Minister at the written request of the Culture and Information Minister;
b/ National treasures belonging to specialized museums shall be permitted by the Prime Minister at the written requests of the heads of the agencies or organizations managing such museums after obtaining written consents of the Culture and Information Minister;
c/ National treasures belonging to provincial-level museums and those under private ownership shall be permitted by the Prime Minister at the written requests of the presidents of the provincial-level People�s Committees after obtaining written consents of the Culture and Information Minister.
3. The insurance for relics, antiques and national treasures brought abroad for display, exhibition, research or preservation shall be agreed upon by the concerned parties according to the international practices and under international treaties which Vietnam has signed or acceded to.
4. The transport, temporary export, re-import and temporary import and re-export of relics and antiques must comply with the provisions of the customs legislation and other relevant provisions of law.
Article 25.- Granting of permits for bringing relics and antiques abroad
1. The Culture and Information Minister shall specify categories of relics and antiques permitted to be brought abroad.
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3. The Culture and Information Minister shall grant permits for bringing relics and antiques abroad.
Within 30 days after receiving applications and relevant papers, the Culture and Information Minister shall grant permits. In case of refusal, the reasons therefor must be clearly stated in writing.
4. Procedures for granting permits for bringing relics and antiques abroad:
a/ Filing the application for permit to the Culture and Information Minister;
b/ Obtaining certificate of ownership transfer from the former owners;
c/ Dossiers on registration of relics and antiques.
5. The Culture and Information Minister shall promulgate the Regulation on purchase, sale, exchange, donation and bequeathal of relics and antiques at home and abroad, for those defined in Clause 2 of this Article.
For relics and antiques in the course of applying for permits for being brought abroad, if there are complaints or denunciations that organizations and/or individuals wishing to bring such relics and antiques abroad are not their lawful owners or the relics and antiques are in dispute, the bringing thereof abroad must be postponed for consideration and settlement of such complaints or denunciations according to the legislation on complaints and denunciations.
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Article 27.- Competence to grant permits for duplicating relics, antiques and/or national treasures
Competence to grant permits for duplicating relics, antiques and/or national treasures is specified as follows:
1. The Culture and Information Minister shall grant permits for duplicating relics, antiques and/or national treasures belonging the national museums or specialized museums;
2. The directors of the provincial/municipal Culture and Information Services shall grant permits for duplicating relics, antiques and/or national treasures belonging to the provincial-level museums or under private ownership.
PURCHASE AND SALE OF RELICS, ANTIQUES AND NATIONAL TREASURES
1. The State uniformly manages activities of purchasing and selling relics, antiques and national treasures, and creates conditions for organizations and individuals to trade therein.
The trading in relics, antiques and national treasures must comply with the provisions of the Enterprises Law, tax laws, the Cultural Heritage Law and other relevant provisions of law.
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3. It is strictly prohibited to purchase and sell relics, antiques and/or national treasures of unlawful origin.
4. It is strictly prohibited to illegally purchase and sell relics, antiques and/or national treasures for bringing abroad.
Article 29.- Organization and operation of shops trading in relics, antiques and national treasures
1. Owners of shops trading in relics, antiques and national treasures must fully meet the following conditions:
a/ Being citizens with Vietnamese nationality and having addresses of permanent residence in Vietnam;
b/ Having certificates for practicing the business of trading in relics, antiques and national treasures;
c/ Having shops with adequate spaces for displaying relics, antiques and national treasures;
d/ Having enough facilities for displaying, preserving and protecting relics, antiques and national treasures.
2. Operations of shops trading in relics, antiques and national treasures must comply with the following regulations:
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b/ They shall only trade in duplicates of relics, antiques and national treasures of agencies, organizations and/or individuals that have permits for making duplicates granted by the competent State agencies defined in Article 27 of this Decree;
c/ For duplicates of relics, antiques and national treasures on display for purchase and sale, they must clearly inscribe that such are only duplicates, and put specific marks thereon for distinguishing them from their originals;
d/ They shall proceed with necessary procedures for the competent State agencies defined in Article 23 of this Decree to transfer the ownership right to purchasers of relics, antiques and national treasures, or carry out the procedures to apply for permits for purchasers to bring relics and antiques of permitted categories defined in Clause 1, Article 25 of this Decree abroad;
e/ They shall comply with law provisions on register books of relics, antiques and national treasures purchased and sold, financial and accounting books and tax obligations.
1. Conditions for granting practice certificates to practitioners in purchase and sale of relics, antiques and national treasures:
a/ Having professional qualification and profound knowledge of relics, antiques and national treasures;
b/ Being neither in the duration of ban from practicing jobs or doing works related to cultural heritage under court’s decisions, nor examined for penal liability nor on penal or administrative probation.
2. Officials, public servants and State employees working in the conservational and museological branch shall not be allowed to open shops trading in relics, antiques and national treasures.
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The directors of the provincial/municipal Culture and Information Services shall grant practice certificates to owners of shops trading in relics, antiques and national treasures after obtaining written evaluation opinions of the director of the Department for Preservation and Museology.
Within 30 days after receiving complete and valid dossiers of application for practice certificates from owners of shops trading in relics, antiques and national treasures, the directors of the provincial/municipal Culture and Information Services shall have to consider the granting of certificates. In case of refusal to grant certificates, the reasons therefor must be clearly stated in writing.
4. Procedures for granting practice certificates to owners of shops trading in relics, antiques and national treasures:
a/ Shop owners shall have to submit application dossiers to the provincial/municipal Culture and Information Services;
b/ A dossier applying for certificate of practice in purchase and sale of relics, antiques and national treasures comprises:
- An application for certificate;
- Valid copies of relevant professional diplomas;
- The applicant’s curriculum vitae certified by the People’s Committee of the commune, ward or district township (hereinafter referred to as the commune-level People’s Committee) where he/she resides.
Article 31.- Organization of auctions of relics, antiques and national treasures
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2. The organization of auction of relics, antiques and/or national treasures shall comply with the provisions of Articles 452 through 458 of the Civil Code.
ORGANIZATION AND OPERATION OF MUSEUMS
Article 32.- Competence to certify conditions for establishing museums
1. The Culture and Information Minister shall certify conditions for establishing national museums and specialized museums.
2. The directors of the provincial/municipal Culture and Information Services shall certify conditions for establishing provincial-level museums and private museums.
3. Within 30 days after receiving complete and valid dossiers, the Culture and Information Minister and the directors of the provincial-municipal Culture and Information Services shall have to certify conditions for establishing museums.
Article 33.- Grading of Vietnamese museums
Vietnamese museums shall be graded as follows:
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b/ Grade-II museums;
c/ Grade-III museums.
Article 34.- Criteria for grading museums
1. Grade-I museums must satisfy the following criteria:
a/ Having 20,000 items or more of original documents and/or objects, of which there must be five collections of precious and rare documents or objects, and at least 90% of the total quantity of documents and/or objects must be scientifically inventoried;
b/ Preserving and displaying documents and/or objects with 100% the facilities, techniques and technologies being modern ones;
c/ Having solid architectures, spaces, environment and technical infrastructure capable of ensuring their regular operations; having a display area of 2,500 sq. meters or more and a system of preservative stores of 1,500 sq. meters or more where the stored objects are classified according to their materials.
d/ With 100% of their officials, State employees and staff members directly engaged in professional operations having the university degree, of whom 40% or more have the university degree in museology;
e/ With the annual number of visitors achieving 300,000 tours or more, being capable of organizing exhibitions and seminars at home and abroad, at least twice a year; organizing the study of ministerial-level scientific subjects and participating in State-level subjects; having at least two publications a year.
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a/ Having 10,000 items or more of original documents and/or objects, of which there must be three collections of precious and rare documents or objects, and at least 80% of the total quantity of documents and/or objects must be scientifically inventoried;
b/ Preserving and displaying documents and/or objects with 70% of the facilities, techniques and technologies being modern ones;
c/ Having solid architectures, spaces, environment and technical infrastructure capable of ensuring their regular operations; having a display area of 1,500 sq. meters or more and a system of preservative stores of 1,000 sq. meters or more where the stored objects are classified according to their materials.
d/ With 80% of their officials, State employees and staff members directly engaged in professional operations having the university degree, of whom 30% or more have the university degree in museology;
e/ With the annual number of visitors achieving 150,000 tours or more, organizing exhibitions and seminars at least twice a year; organizing the study of scientific subjects and having at least one publication a year.
3. Grade-III museums must satisfy the following criteria:
a/ Having 5,000 items or more of original documents and/or objects, of which there must be one collection of precious and rare documents or objects, and at least 70% of the total quantity of documents and/or objects must be scientifically inventoried;
b/ Preserving and displaying documents and/or objects with 50% of the facilities, techniques and technologies being modern ones;
c/ Having solid architectures and technical infrastructure capable of ensuring their regular operations; having a display area of 1,000 sq. meters or more and a system of preservative stores of 500 sq. meters or more.
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e/ With the annual number of visitors achieving 50,000 tours or more, organizing exhibitions and seminars at least once a year.
4. The Culture and Information Minister shall assume the prime responsibility and coordinate with the Minister of the Interior, the Minister of Labor, War Invalids and Social Affairs, the Minister of Finance and the heads of the agencies or organizations managing the museums requested to be graded in organizing the evaluation, consideration and decision on the museum grading.
Article 35.- Competence and procedures for grading museums
1. Competence to grade museums is provided for as follows:
a/ The Culture and Information Minister shall decide on grade-I national museums and specialized museums at the requests of the heads of agencies or organizations managing such museums and on the basis of written consents of the Minister of the Interior, the Minister of Labor, War Invalids and Social Affairs and the Minister of Finance;
b/ The Culture and Information Minister shall decide on grade-I provincial-level museums and private museums at the requests of the heads of such museums and on the basis of written consents of the presidents of the People’s Committees of the provinces where such museums are located;
c/ The heads of the agencies or organizations managing the museums and the presidents of the provincial-level People’s Committees shall decide on grade-II and grade-III museums at the requests of the heads of such museums and on the basis of written consents of the Culture and Information Minister.
2. Procedures for grading museums are prescribed as follows:
a/ Procedures for grading grade-I museums
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- For grade-I museums defined at Point b, Clause 1 of this Article, their heads shall send written requests and grading dossiers to the presidents of the provincial-level People’s Committees.
- The presidents of the provincial-level People’s Committees shall have to consider and decide on the forwarding of such dossiers to the Culture and Information Minister within 30 days. In case of refusal, the reasons therefor must be clearly stated in writing.
- Within 30 days after receiving written grading requests and dossiers, the Culture and Information Minister shall organize the evaluation and decide on the museum grading. In case of refusal, the reasons therefor must be clearly stated in writing.
b/ Procedures for grading grade-II and grade-III museums
- For specialized museums, their heads shall have to send grading requests and dossiers to the heads of agencies or organizations managing such museums. For provincial-level museums and private museums, their heads shall send grading requests and dossiers to the directors of the provincial/municipal Culture and Information Services.
- Within 30 days after receiving written grading requests and dossiers, the directors of the provincial/municipal Culture and Information Services shall have to consider and decide on the forwarding thereof to the presidents of the provincial-level People’s Committees.
- Within 30 days after receiving written grading requests and dossiers, the heads of the museum-managing agencies or organizations or the presidents of the provincial-level People’s Committees shall organize the evaluation and grading of museums.
- Within 15 days after the evaluation results are obtained, the heads of the museum-managing agencies or organizations or the presidents of the provincial-level People’s Committees shall have to send such results to the Culture and Information Minister. Within 15 days after obtaining written consents of the Culture and Information Minister, the heads of the museum-managing agencies or organizations or the presidents of the provincial-level People’s Committees shall issue museum-grading decisions. In case of refusal, the reasons therefor must be clearly stated in writing.
Article 36.- Organization and operation of private museums
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2. Private museums shall operate according to the provisions of law and in line with the cultural traditions and fine customs and practices of the community of Vietnamese nationalities.
3. The directors of the provincial/municipal Culture and Information Services shall have to assist the presidents of the provincial-level People’s Committees in performing the State management over the operation of private museums.
4. The Culture and Information Minister shall promulgate the Regulation on organization and operation of private museums.
Article 37.- Rights and obligations of private museums
1. Private museums have the following rights:
a/ To conduct the collection work to create collections by modes of purchase, sale, exchange, donation, inheritance and other modes according to the provisions of law;
b/ To lawfully own one or many collections;
c/ To collect the entrance charge according to the provisions of law;
d/ To reach agreements with the State-run museums and other private museums on the use of collections of intangible cultural heritages, relics, antiques and national treasures in service of museological activities;
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2. Private museums have the following obligations:
a/ To serve the people’s needs for research, education, visit and cultural enjoyment;
b/ To satisfy professional requirements on museums;
c/ To coordinate with the competent State agencies in charge of culture and information and other museums in protecting and promoting values of cultural heritages;
d/ To perform other obligations according to the provisions of law.
The consignment of collections of intangible cultural heritages, relics, antiques and/or national treasures into State-run museums or the competent State agencies is prescribed as follows:
1. Owners of collections of intangible cultural heritages, relics, antiques and/or national treasures shall be considered lacking conditions and/or capability to protect and promote the values thereof in the following cases:
a/ They have no appropriate preservative stores, technical facilities and equipment or their collections of intangible cultural heritages, relics, antiques and/or national treasures are in danger of being lost or ruined due to natural calamities or enemy sabotage;
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2. In cases where owners of collections of intangible cultural heritages, relics, antiques and/or national treasures lack conditions and/or capability to organize the introduction or display thereof in service of the public, they may consign such collections of intangible cultural heritages, relics, antiques and/or national treasures into State-run museums for the promotion of their values.
3. The State agencies competent to receive the consignment of collections of intangible cultural heritages, relics, antiques and/or national treasures include:
a/ State-run museums;
b/ State-run banks or State treasuries (in cases where the consigned relics, antiques and/or national treasures are made of gold, silver, precious stones or diamond or in form of ancient coins).
4. The State-run museums and the competent State agencies shall have to receive collections of intangible cultural heritages, relics, antiques and/or national treasures consigned by their owners for the protection and value promotion thereof.
Owners that consign their collections of intangible cultural heritages, relics, antiques and/or national treasures into State-run museums or the competent State agencies shall have to pay a fee prescribed by law.
5. The State-run museums or the competent State agencies which receive collections of intangible cultural heritages, relics, antiques and/or national treasures shall have to keep secret the names and addresses of consigning owners when the owners so request.
6. The consignment and receipt of collections of intangible cultural heritages, relics, antiques and/or national treasures shall be effected in form of property bailment contracts according to the provisions of the Civil Code.
The Culture and Information Minister shall specify the dossiers and procedures for consigning collections of intangible cultural heritages, relics, antiques and/or national treasures.
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RESPONSIBILITIES OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES, THE AGENCIES ATTACHED TO THE GOVERNMENT AND THE PEOPLE�S COMMITTEES OF ALL LEVELS FOR IMPLEMENTING THE CULTURAL
HERITAGE LAW
Article 39.- Responsibilities of the Culture and Information Ministry
1. The Culture and Information Ministry, which is answerable to the Government for performing the State management over cultural heritages, have the following specific tasks and powers:
a/ To formulate and organize the implementation of strategies, planning, plans and policies on protection and promotion of cultural heritage values according to its competence or submit them to the competent authorities for approval;
b/ To compile and submit to the Government or the Prime Minister for promulgation or promulgate according to its competence legal documents on protection and promotion of cultural heritage values;
c/ To formulate and promulgate professional standards regarding the protection and promotion of cultural heritage values;
d/ To approve and evaluate projects for protection and promotion of cultural heritage values according to its competence;
e/ To grade monuments and grant monument-grading certificates, to guide the presidents of the provincial-level People’s Committees in grading monuments and granting monument-grading certificates according to their respective competence;
f/ To grade museums and guide the heads of the museum-managing agencies or organizations and the presidents of the provincial-level People’s Committees in grading museums according to their respective competence;
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h/ To organize and manage activities of researching into and applying scientific and technological advances to the protection and promotion of cultural heritage values;
i/ To propagate, disseminate and educate the legislation on protection and promotion of cultural heritage values;
j/ To organize the emulation and commendation work in the protection and promotion of cultural heritage values;
k/ To conduct inspection and examination of the observance of the cultural heritage legislation; to settle disputes, complaints and denunciations and handle violations of the cultural heritage legislation;
l/ To exercise and perform other powers and tasks according to the relevant law provisions on cultural heritage.
2. The director of the Department for Conservation and Museology shall have to assist the Minister of Culture and Information in performing and exercising the tasks and powers prescribed in Clause 1 of this Article.
Article 40.- Responsibilities of the Ministry of Planning and Investment
1. To coordinate with the Culture and Information Ministry and the concerned ministries and branches in working out planning and plans on protection and promotion of cultural heritage values.
2. To sum up and balance annual investment capital for projects on protection and promotion of the value of special national monuments, national museums, revolutionary historical monuments and intangible cultural heritages of typical values.
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Article 41.- Responsibilities of the Ministry of Finance
1. To ensure the regular funding for activities of protecting and promoting cultural heritage values.
2. To inspect the allocation, management and use of funding according to the provisions of law.
3. To promulgate or coordinate with the Culture and Information Ministry in promulgating documents prescribing fees, charges and the collection, remittance and use thereof in the domain of protection and promotion of cultural heritage values according to the Government’s decentralization.
4. To prevent and handle the illegal export and import of cultural heritages.
1. To coordinate with the Culture and Information Ministry and the People’s Committees of all levels in maintaining security and order in activities of protecting and promoting cultural heritage values.
2. To coordinate with the concerned ministries and branches and People’s Committees of all levels in preventing and handling the illegal purchase, sale, exchange and transport of cultural heritages within the country or illegal bringing of relics, antiques and national treasures abroad.
Article 43.- Responsibilities of the Ministry of Education and Training
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2. To create conditions for learners to make field trips to cultural heritages.
Article 44.- Responsibilities of the Ministry of Science and Technology
1. To assume the prime responsibility and coordinate with the Ministry of Culture and Information in working out planning and plans on scientific projects for environmental protection at monuments; to formulate, and direct the implementation of scientific research subjects in protection and promotion of cultural heritage values.
2. To coordinate with the concerned ministries and branches and the People’s Committees of all levels in making investment in the creation of scientific and technological advances for environmental protection at localities where exist monuments.
Article 45.- Responsibilities of the Ministry of Construction
1. To assume the prime responsibility and coordinate with the Culture and Information Ministry and the concerned ministries and branches in working out construction planning and plans to ensure the maintenance and promotion of cultural heritage values; to elaborate and promulgate standards and norms in the conservation, embellishment and restoration of monuments.
2. To coordinate with the Culture and Information Ministry in promulgating documents specifying the evaluation of projects on construction and renovation of works lying outside the monument protection zones, which may adversely affect such monuments, or renovated or constructed works where monuments, relics, antiques or national treasures are discovered in the course of construction.
1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the Ministry of Culture and Information and the concerned ministries and branches in working out planning and plans on the protection and development of graded special-use forests or use of agricultural or forestry land and irrigation system in conformity with the requirements of conserving and protecting monuments according to the provisions of law.
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Article 47.- Responsibilities of the General Department of Tourism
1. To assume the prime responsibility and coordinate with the Culture and Information Ministry, the concerned ministries and branches and the People’s Committees of all levels in organizing the exploitation of cultural heritage values in service of sustainable tourist development. To guide tourists in strictly observing internal regulations and rules at historical-cultural monuments, scenic landscape and beauty spots.
2. To coordinate with the Culture and Information Ministry and the People’s Committees of all levels in investing in the conservation and embellishment of monuments, craft villages, traditional festivals at tourist centers and routes; to conserve and protect cultural heritages in tourist activities.
The ministries, the ministerial-level agencies and the agencies attached to the Government other than those defined in Articles 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree shall base themselves on their respective tasks and powers to coordinate with the Culture and Information Ministry in implementing the provisions of the Cultural Heritage Law on matters falling within their respective State management scope.
Article 49.- Responsibilities of the provincial-level People’s Committees
The provincial-level People’s Committees shall perform the State management over cultural heritages within their respective localities, having the following tasks and powers:
1. To work out planning and plans on protection and promotion of values of tangible and intangible cultural heritages in their localities;
2. To manage the collection of and research into tangible and intangible cultural heritages according to the provisions of law;
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4. To decide on the establishment and grading of museums according to their competence;
5. To approve projects on conservation, embellishment and restoration of monuments according to the provisions of law;
6. To organize the inventory and registration of monuments; to decide on and invalidate the grading of provincial-level monuments; to compile and submit scientific dossiers on national monuments to the Culture and Information Minister for decision on the grading thereof; to direct the compilation of scientific dossiers on intangible cultural heritages in their localities;
7. To conduct the inspection and examination of observance of the cultural heritage legislation; to settle complaints and denunciations; to give commendation and/or rewards and handle violations of the cultural heritage legislation;
8. To exercise and perform other powers and obligations defined by the relevant law provisions on cultural heritage.
Article 50.- Responsibilities of the district-level People’s Committees
The district-level People’s Committees shall have to protect and promote values of tangible and intangible cultural heritages within their respective localities; to organize the prevention and handling of violations; to request the competent State agencies to grade and work out plans on protection, conservation, embellishment and value promotion of monuments.
Article 51.- Responsibilities of the commune-level People’s Committees
1. To organize the urgent protection and conservation of cultural heritages;
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3. To propose the grading of monuments;
4. To promptly prevent and check all activities which affect the safety of cultural heritages.
5. To prevent and handle superstitious activities according to their competence.
Organizations and individuals that discover relics, antiques and/or national treasures, promptly notify and voluntarily hand over them to the competent State agencies in charge of culture and information shall, depending on values of such relics, antiques and/or national treasures, be considered for conferment or posthumous conferment of commendation papers, certificates of merit, medals or other forms of commendation according to the current provisions of law.
Depending on values of relics, antiques and/or national treasures, organizations and individuals that have merits in discovering and voluntarily handing over them shall be rewarded a given sum of money as provided for in Article 53 of this Decree.
1. Rewarding levels applicable to organizations and individuals that discover and voluntarily hand over relics, antiques and/or national treasures are provided for as follows:
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b/ Between 20% and 25% of value of relics, antiques or national treasures valued at between VND 10 million and VND 20 million (between VND ten million and VND twenty million);
c/ Between 15% and 20% of the value of relics, antiques or national treasures valued at between over VND 20 million and 50 million (between VND twenty million and fifty million);
d/ Between 10% and 15% of the value of relics, antiques or national treasures valued at between over VND 50 million and 100 million (between VND fifty million and one hundred million);
e/ Between 7% and 10% of the value of relics, antiques or national treasures valued at between over VND 100 million and 200 million (between VND one hundred million and two hundred million);
f/ Between 5% and 7% of the value of relics, antiques or national treasures valued at between over VND 200 million and 500 million (between VND two hundred million and five hundred million);
g/ Between 2% and 15% of the value of relics, antiques or national treasures valued at between over VND 500 million and 1 billion (between VND five hundred million and one billion);
h/ Between 1% and 2% of the value of relics, antiques or national treasures valued at between over VND one billion and 10 billion (between VND one billion and ten million);
i/ 0.5% of value of relics, antiques or national treasures valued at over VND 10 billion.
2. In cases where organizations and individuals that discover relics, antiques and/or national treasures promptly notify accurate information, they shall be rewarded between 10% and 20% of the reward levels provided for in Clause 1 of this Article.
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1. The provincial/municipal Culture and Information Services shall set up councils for valuation of relics and antiques to determine the values of relics and antiques handed over by organizations and individuals.
The Culture and Information Ministry shall set up the Council for Valuation of National Precious Objects to determine the values of national treasures handed over by organizations and individuals.
2. Funding to cover expenses for discovery and preservation as well as rewards given to organizations and individuals that discover and hand over relics, antiques and/or national treasures shall be deducted from the State budget under decisions of the ministers, the heads of the branches and presidents of the provincial-level People’s Committees, where such relics, antiques and/or national treasures are received and kept.
3. Representatives of State-run museums, which are allowed to receive and keep relics, antiques and/or national treasures, shall have to give pecuniary rewards to organizations and individuals that discover and hand over them under decisions of the ministers, the heads of the branches and presidents of the provincial-level People’s Committees as defined in Clause 2 of this Article.
4. Within 30 days after receiving relics, antiques and/or national treasures handed over by organizations and individuals or after the end of the archaeological search and excavation conducted by organizations and individuals that have discovered and notified them, the competent agencies in charge of culture and information shall have to set up valuation councils to determine the values of such relics, antiques and/or national treasures.
The presentation of pecuniary rewards to organizations and individuals that discover and voluntarily hand over relics, antiques and/or national treasures shall be made within 30 days after the valuation councils make written assessment of the values of such relics, antiques and/or national treasures.
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1. This Decree takes effect 15 days after its signing.
2. The previous stipulations which are contrary to this Decree are all hereby annulled.
Article 56.- The guidance and implementation of the Decree
The Culture and Information Minister shall have to guide and inspect the implementation of this Decree.
The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam
- 2 Decree No. 98/2010/ND-CP of September 21, 2010, detailing a number of articles of the law on cultural heritage and the law amending and supplementing a number of articles of the Law on Cultural Heritage
- 3 Decree No. 98/2010/ND-CP of September 21, 2010, detailing a number of articles of the law on cultural heritage and the law amending and supplementing a number of articles of the Law on Cultural Heritage