Luật di sản văn hoá 2001 số 28/2001/QH10 mới nhất
THE
NATIONAL ASSEMBLY
—–
SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
————-
No:
28/2001/QH10
Hanoi,
June 29, 2001
LAW
ON CULTURAL HERITAGE
The Vietnamese cultural heritage is a precious
property of the community of Vietnamese nationalities, constitutes part of the
mankind’s cultural heritage and plays a great role in our people’s cause of
national construction and defense;
In order to protect and promote the cultural heritage value, meet the people’s
increasing cultural demands, contribute to the building and development of the
progressive Vietnamese culture deeply imbued with national identity and
contribute to the world cultural heritage treasure;
In order to enhance the State management effectiveness and raise the people’s
sense of responsibility for taking part in the protection and promotion of the
cultural heritage value;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for cultural heritage,
Chapter I
GENERAL PROVISIONS
Article 1.- Cultural
heritage provided for in this Law includes intangible and tangible cultural
heritages, which are spiritual and material products having historical,
cultural or scientific value and handed down from generation to generation in
the Socialist Republic of Vietnam.
Article 2.- This Law
provides for activities of protecting and promoting the values of cultural
heritages; defines the rights and obligations of organizations and individuals
towards the cultural heritages in the Socialist Republic of Vietnam.
Article 3.- This Law
applies to Vietnamese organizations and individuals, foreign organizations and
individuals and overseas Vietnamese that operate in Vietnam. In cases where an
international treaty, which Vietnam has signed or acceded to, contains
provisions different from those of this Law, the provisions of such
international treaty shall apply.
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1. Intangible cultural heritages are spiritual
products of historical, cultural or scientific value, being saved in memory or
in scripts, handed down orally and through professional teaching, performance
and other forms of saving and handing down, including speech, scripts,
literary, art or scientific works, oral philology, folk oratorio, life style,
way of life, rites, traditional craft know-hows, knowledge about traditional
medicine and pharmacy, about gastronomic culture, about traditional costumes,
and other folk knowledge.
2. Tangible cultural heritages are material
products of historical, cultural or scientific value, including
historical-cultural relics, famous landscapes and beauty spots, vestiges,
antiques and national precious objects.
3. Historical-cultural relics are construction
works and sites, as well as vestiges, antiques and/or national precious objects
pertaining to such works and sites and having historical, cultural and/or
scientific value.
4. Famous landscapes and beauty spots are
natural sceneries or places where exists a combination of natural scenery and
architectures with historical, aesthetic and/or scientific value.
5. Vestiges are bequeathed objects with
historical, cultural and/or scientific value.
6. Antiques are bequeathed objects with
typically historical, cultural and/or scientific value, and aged one hundred
years or more.
7. National precious objects are bequeathed
objects with extremely precious, rare and typical value in terms of history,
culture and/or science.
8. Duplicates of vestiges, antiques, national
precious objects are products made identical to the originals in shape, size,
material, color, ornamentation and other features.
9. Collection is a group of vestiges, antiques,
national precious objects or intangible cultural heritages, which are gathered,
preserved and arranged systematically according to common signs in
presentation, content and material so as to meet the demand for inquiry into
natural and social history.
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11. Preservation of historical-cultural relics,
famous landscapes and beauty spots, vestiges, antiques and national precious
objects is the activity to prevent and minimize dangers of damage without
changing inherent original elements of historical-cultural relics, famous
landscapes and beauty spots, vestiges, antiques and national precious objects.
12. Renovation of historical-cultural relics,
famous landscapes and beauty spots is the activity to repair, reinforce and/or
embellish historical-cultural relics, famous landscapes and beauty spots.
13. Restoration of historical-cultural relics,
famous landscapes and beauty spots is the activity to reconstruct ruined
historical-cultural relics, famous landscapes and beauty spots, based on
scientific data about such historical-cultural relics, famous landscapes and
beauty spots.
Article 5.- The State
exercises the unified management over the cultural heritage, which is under the
entire population’s ownership; recognizes and protects forms of collective
ownership, joint ownership of the community, private ownership and other forms
of ownership over cultural heritages according to the provisions of law.
The ownership right and copyright over cultural
heritages are defined under the provisions of this Law, the Civil Code and
other relevant provisions of law.
Article 6.- All cultural
heritages under the ground, in the mainland, on islands, in the inland waters,
territorial waters, exclusive economic zones and continental shelf of the
Socialist Republic of Vietnam are under the entire population’s ownership.
Article 7.- Cultural
heritages discovered with unidentified owners and recovered in the course of archaeological
exploration and excavation, are all under the entire population’s ownership.
Article 8.-
1. All cultural heritages
on the Vietnamese territory, which have domestic or foreign origin and are
under the ownership in various forms, shall be protected and have their values
promoted.
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Article 9.-
1. The State adopts the
policy of protecting and promoting the value of cultural heritages in order to
raise the people’s spiritual life, contributing to the socio-economic
development of the country; encourages domestic and foreign organizations and
individuals to contribute or provide financial supports to the protection and
promotion of the values of cultural heritages
2. The State protects the lawful rights and
interests of owners of cultural heritages. Owners of cultural heritages shall
be responsible for protecting and promoting the values of such cultural
heritages.
3. The State invests in personnel training and
fostering, research into and application of sciences and technologies to the
protection and promotion of the values of cultural heritages.
Article 10.- State
agencies, political organizations, socio-political organizations, social
organizations, socio-professional organizations, economic organizations,
people’s armed force units (hereinafter referred to as organizations) and
individuals have the responsibility to protect and promote the values of
cultural heritages.
Article 11.- The
cultural and mass media agencies shall have to widely propagate and disseminate
the values of cultural heritages of the community of Vietnamese nationalities
at home and abroad, thus contributing to raising the sense of protection and
promotion of the values of cultural heritages among the population.
Article 12.- The
Vietnamese cultural heritage shall be used for the following purposes:
1. Promoting their values for the entire
society’s benefits;
2. Promoting the fine traditions of the
community of Vietnamese nationalities;
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Article 13.- The
following acts are strictly prohibited:
1. Appropriating or deviating cultural
heritages;
2. Ruining or posing a danger of ruining
cultural heritages;
3. Conducting illegal excavations at
archaeological sites or illegal construction, encroaching upon the land within
historical-cultural relics, famous landscapes and beauty spots;
4. Illegally purchasing, selling, exchanging and
transporting vestiges, antiques, national precious objects pertaining to
historical-cultural relics, famous landscapes and beauty spots; illegally
taking abroad vestiges, antiques and national precious objects;
5. Taking advantage of the protection and
promotion of the values of cultural heritages to commit law-breaking acts.
Chapter II
RIGHTS AND OBLIGATIONS
OF ORGANIZATIONS AND INDIVIDUALS OVER CULTURAL HERITAGES
Article 14.- Organizations
and individuals shall have the following rights and obligations:
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2. To visit and study cultural heritages;
3. To respect, protect and promote the values of
cultural heritages;
4. To promptly notify places where vestiges,
antiques, national precious objects, historical-cultural relics, famous
landscapes and beauty spots are discovered; and hand over vestiges, antiques,
national precious objects found by themselves to the nearest competent State
agencies;
5. To prevent or request the competent State
bodies to prevent or promptly handle acts of undermining, appropriating or
illegally using cultural heritages.
Article 15.- Organizations
and individuals being owners of cultural heritages shall have the following
rights and obligations:
1. To observe the provisions in Article 14 of
this Law;
2. To apply measures for protecting and
promoting the values of cultural heritages; to promptly report to the competent
State bodies on cases where cultural heritages are in danger of having their
values falsified, being ruined or lost;
3. To send collections of intangible cultural
heritages, vestiges, antiques, national precious objects to the State museums
or the competent State bodies in cases where they lack conditions and
capability to protect and promote the values thereof;
4. To create favorable conditions for
organizations and individuals to visit, travel to and study cultural heritages;
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Article 16.- Organizations
and individuals that directly manage cultural heritages shall have the following
rights and obligations:
1. To protect and preserve the cultural
heritages;
2. To apply measures to promptly prevent or stop
acts of infringing upon cultural heritages;
3. To promptly notify the owners or the nearest
competent State agencies when cultural heritages are lost or in danger of being
ruined;
4. To create favorable conditions for
organizations and individuals to visit, travel to and study cultural heritages;
5. To exercise other rights and perform other
obligations provided for by law.
Chapter III
PROTECTION AND PROMOTION
OF THE VALUES OF INTANGIBLE CULTURAL HERITAGES
Article 17.- The State
encourages and creates conditions for organizations and individuals to conduct
activities of studying, collecting, preserving, teaching and introducing
intangible cultural heritages in order to keep and promote the national
cultural identity and enrich the treasure of cultural heritages of the
Vietnamese nationalities community.
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The Minister of Culture and Information shall
prescribe the procedures for compiling scientific dossiers on intangible
cultural heritages.
Article 19.- The Prime
Minister shall consider and decide to propose the United Nations Educational,
Scientific and Cultural Organization (UNESCO) to recognize Vietnam�s
typical intangible cultural heritages as World Cultural Heritages, at the
proposals of the Minister of Culture and Information.
Dossiers to be submitted to the Prime Minister must
be evaluated in writing by the National Council for Cultural Heritages.
Article 20.- The
competent State agencies shall have to apply necessary measures to protect
intangible cultural heritages, prevent the danger of their being falsified,
faded out or lost in the course of handing down.
Article 21.- The State
adopts policies and create conditions for protecting and developing the spoken
and written languages of the nationalities in Vietnam. All organizations and
individuals have the responsibility to preserve the clarity and purity of the
Vietnamese language.
Article 22.- The State
and the society protect and promote the fine customs and traditions in the
nation’s life-style and way of life; do away with bad customs and practices
harmful to the people’s cultural life.
Article 23.- The State
adopts policies to encourage the collection, compilation, translation,
statistics, classification and archival of literary, art and scientific works,
oral philology, folk oratorio of the Vietnamese nationalities community for
popularization at home and cultural exchange with foreign countries.
Article 24.- The State
adopts policies to encourage the maintenance, restoration and development of
traditional handicrafts of typical values; the research into and application of
knowledge about traditional medicine and pharmacy; the maintenance and
promotion of values of the gastronomy, the nation’s traditional costumes and
other folk knowledge.
Article 25.- The State creates
conditions for the maintenance and promotion of the cultural value of
traditional festivals; gets rid of bad customs and combat negative phenomena
and commercialism in ritual organization and activities. The organization of
traditional festivals must comply with the provisions of law.
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Article 27.- Overseas
Vietnamese, foreign organizations and individuals may conduct research into and
collect intangible cultural heritages in Vietnam after obtaining written
consents of the competent State bodies.
Chapter IV
PROTECTION AND PROMOTION
OF VALUES OF TANGIBLE CULTURAL HERITAGES
Section 1.
HISTORICAL-CULTURAL RELICS, FAMOUS LANDSCAPES AND BEAUTY SPOTS
Article 28.-
1. Historical-cultural
relics must attain one of the following criteria:
a) Construction works and/or places associated
with typical historical events in the process of national construction and
defense;
b) Construction works and/or places associated
with the life and activities of national heroes, heroines or celebrities;
c) Construction works and/or places associated with
typical historical events in the revolutionary and resistance war periods;
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e) Architectural works in groups or single with
typical architectural and/or artistic values for one or several historical
periods.
2. Famous landscapes and beauty spots must
attain one of the following criteria:
a) Natural sceneries or places where exists a
combination of natural scenery and architectures with typical aesthetic value;
b) Natural zones with scientific value in geology,
topography, geography, biological diversity, typical ecological system or
natural zones, where exist material traces of development stages of the earth.
Article 29.- According
to their respective historical, cultural and/or scientific values, historical-cultural
relics, famous landscapes and beauty spots (hereinafter referred collectively
to as relics) shall be classified into:
1. Provincial-level relics, which have typical
value of localities;
2. National relics, which have typical value of
the nation; and
3. Special national relics, which have extremely
typical value of the nation.
Article 30.-
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a) The presidents of the provincial-level
People’s Committees shall decide on the ranking of provincial-level relics;
b) The Minister of Culture and Information shall
decide on the ranking of national relics;
c) The Prime Minister shall decide on the
ranking of special national relics; and decide to propose the United Nations
Educational, Scientific and Cultural Organization to consider and put Vietnam’s
typical relics on the List of World Heritages.
2. In cases where there are enough grounds to
determine that a relic, which has already been ranked, is unqualified or
irreparably ruined, the person competent to decide on the ranking of such relic
may issue a decision to disregard such relic’s ranking.
Article 31.- The
procedures for ranking relics are prescribed as follows:
1. The presidents of the provincial-level
People’s Committees shall compile dossiers on relics and submit them to the
Minister of Culture and Information for decision on ranking of national relics;
2. The Minister of Culture and Information shall
compile and submit dossiers on relics to the Prime Minister for decision on ranking
of special national relics; compile and submit dossiers on Vietnam’s typical
relics to the Prime Minister for decision on the proposal to the United Nations
Educational, Scientific and Cultural Organization to consider and put them on
the List of World Heritages.
Dossiers to be submitted to the Prime Minister
must be appraised in writing by the National Council for Cultural Heritages.
Article 32.-
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a) Protection zone I covers the relic and the
area(s) determined as the relic’s original constituents, which must be
protected in original state;
b) Protection zone II is the area surrounding
the protection zone I of the relic, where works can be constructed in service
of the promotion of the relic’s values, provided that they do not affect the
architecture, natural scenery and ecological environment of the relic.
In cases where the protection zone II cannot be
determined, the determination of the sole protection zone I shall be decided by
the presidents of the provincial-level People’s Committees for the
provincial-level relics, by the Minister of Culture and Information for the
national relics, or by the Prime Minister for the special national relics.
2. The construction of works in the protection
zone II as mentioned at Point b, Clause 1 of this Article for national relics
and special national relics must be agreed upon in writing by the written
consents of the Minister of Culture and Information, or by the presidents of
the provincial-level People’s Committees for provincial-level relics.
3. Protection zones specified in Clause 1 of
this Article shall be delineated on cadastral maps enclosed with records on
protection zone marking-off and must be affirmed by competent State agencies in
dossiers on relics.
Article 33.-
1. Organizations and
individuals that are relic owners or assigned relics for management and use
shall have to protect such relics. In cases where they detect that a relic is
encroached upon, ruined or in danger of being ruined, they shall have to promptly
take preventive measures and report such to their immediate superior agency,
the local People’s Committee or the nearest competent State agency in charge of
culture and information.
2. The local People’s Committees or the
competent State agencies in charge of culture and information shall, upon
receiving reports on relics being ruined or in danger of being ruined, have to
promptly apply preventive and/or protective measures and immediately report
such to their immediate superior agencies.
3. The Ministry of Culture and Information
shall, upon receiving reports on relics being ruined or in danger of being
ruined, have to promptly direct and guide the local competent State agencies
and/or owners of such relics to immediately apply preventive and/or protective
measures; and report to the Prime Minister, for special national relics.
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The Minister of Culture and Information shall
promulgate a Regulation on preservation, embellishment and restoration of
relics.
Article 35.- The
competence to approve projects on preservation, embellishment and restoration
of relics shall comply with this Law and law provisions on construction.
In the course of approving projects on
preservation, embellishment and restoration of relics, the written appraisal
opinions of the competent State agencies in charge of culture and information
are required.
Article 36.-
1. If before being
approved, projects on renovation or construction of works lying outside relics
protection zones prescribed in Article 32 of this Law are deemed likely to
adversely affect the natural scenery and ecological environment of such relics,
there must be written appraisal opinions of the competent State agencies in
charge of culture and information.
2. In cases where investors of projects on
renovation or construction of works specified in Clause 1 of this Article make
any request, the competent State agencies in charge of culture and information
shall have to supply relevant documents and make specific proposals on
protection of relics so that such investors can select appropriate solutions
ensuring the protection and promotion of values of relics.
Article 37.-
1. Investors of projects
on renovation or construction of works at places affecting relics shall have to
coordinate with and create conditions for the competent State agencies in
charge of culture and information to supervise the process of renovation or
construction of such works.
2. In the process of renovation or construction
of works, if they realize that there may be relics or vestiges, antiques,
national precious objects, the project investors shall have to temporarily stop
the construction and promptly notify the competent State agency in charge of
culture and information thereof.
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3. In cases where it is necessary to organize
archaeological exploration and/or excavation, the exploration and excavation
funding shall be stipulated by the Government.
Article 38.- The
archaeological exploration and/or excavation shall be conducted only after
permits therefor are obtained from the Minister of Culture and Information.
In cases where an archaeological site is ruined
or in danger of being ruined, the Minister of Culture and Information shall
issue an urgent excavation permit.
Article 39.-
1. Organizations with the
archaeological study function which wish to conduct archaeological exploration
and/or excavation shall have to file dossiers of application for archaeological
exploration and excavation permits to the Ministry of Culture and Information.
2. The Minister of Culture and Information shall
have to issue archaeological exploration and/or excavation permits within 30
days after receiving the dossiers of application for archaeological exploration
and excavation permits. In case of refusal to issue permits, the reasons
therefor must be clearly explained in writing.
3. The Minister of Culture and Information shall
promulgate a Regulation on archaeological exploration and excavation.
Article 40.-
1. Persons who assume the
prime responsibility for archaeological exploration and/or excavation must
satisfy the following conditions:
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b/ Having been directly engaged in
archaeological activities for at least 5 years;
c/ Being recommended in writing to the Ministry
of Culture and Information by the organizations which apply for archaeological
exploration and excavation permits.
In cases where it is necessary to change persons
who assume the prime responsibility, the written approval by the Minister of
Culture and Information is required.
2. The Vietnamese organizations with the
archaeological study function may cooperate with foreign organizations and
individuals in conducting archaeological exploration and/or excavation in
Vietnam according to the provisions of law.
Section 2. VESTIGES, ANTIQUES
AND NATIONAL PRECIOUS OBJECTS
Article 41.-
1. All vestiges, antiques
and national precious objects gathered in the course of archaeological
exploration and excavation, as well as those discovered and handed over by
organizations and individuals must be temporarily deposited in preservative
storage of museums of the provinces, where such vestiges, antiques and national
precious objects are discovered. Provincial-level museums shall have to receive
and manage them and make reports thereon to the Ministry of Culture and
Information.
2. Basing himself on values and requirements of
preserving vestiges, antiques or national precious objects prescribed in Clause
1 of this Article, the Minister of Culture and Information shall decide to hand
over such vestiges, antiques or national precious objects to State museums with
appropriate functions.
3. Organizations and individuals that discover
and hand over vestiges, antiques and national precious objects shall have their
discovery and preservation expenses refunded and be rewarded a sum of money
according to the provisions of law.
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1. National precious
objects shall be protected and preserved according to a special regime. The
State shall earmark an adequate proportion of the State budget to purchase
national precious objects.
2. National precious objects shall be registered
with the competent State agencies in charge of culture and information. The
State encourages organizations and individuals to register vestiges and
antiques under their ownership with the competent State agencies in charge of
culture and information. The registered vestiges, antiques and national
precious objects shall be assessed free of charge by the State, which shall
also give instructions on professional preservation and create conditions for
the promotion of their values.
The Minister of Culture and Information shall
specify the procedures for registering vestiges, antiques and national precious
objects.
3. When owners of national precious objects are
changed within the country, the former owners shall notify the competent State
agencies in charge of culture and information where national precious objects
are registered of the full names and addresses of the new owners of such
national precious objects within 15 days after the date of owner change.
Article 43.-
Vestiges, antiques and
national precious objects under the ownership of the entire population,
political organizations or socio-political organizations must be managed in
museums and must not be sold, purchased, donated nor presented as gifts.
Vestiges and antiques 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 precious objects under other ownership forms
may only be purchased, sold, exchanged, donated and bequeathed as inheritance in
the country under the provisions of law.
The bringing of vestiges and antiques abroad
must be permitted by the competent State agencies in charge of culture and
information.
2. The purchase and sale of vestiges, antiques
and national precious objects shall be effected at agreed prices or in
auctions. The State shall be given priority to purchase vestiges, antiques and
national precious objects.
Article 44.- The
bringing of vestiges, antiques, national precious objects abroad for display,
exhibition, research or preservation must satisfy the following conditions:
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2. Obtaining the Prime Minister’s decisions
permitting the bringing of national precious objects abroad; or the Culture and
Information Minister’s decisions permitting the bringing of vestiges and
antiques abroad.
Article 45.- The
competent State agencies shall have to report to the Ministry of Culture and
Information on vestiges, antiques, national precious objects confiscated from
the illegal search, purchase, sale, transportation, export and import, so that
the Minister of Culture and Information shall decide on the hand-over of such
vestiges, antiques and national precious objects to agencies with appropriate
functions.
Article 46.– The duplication of vestiges, antiques and/or national
precious objects must satisfy the following conditions:
1. For clear purposes;
2. Having the originals for comparison;
3. Putting specific marks on duplicates for
distinguishing them from their originals;
4. Obtaining consents of owners of vestiges,
antiques and national precious objects;
5. Obtaining permits from the competent State
agencies in charge of culture and information.
Section 3. MUSEUMS
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Vietnamese museums include:
1. National museums, which are places where
collections with national typical values are preserved and displayed;
2. Specialized museums, which are places where
collections with typical values in particular specialties are preserved and
displayed;
3. Provincial-level museums, which are places
where collections with typical values within localities are preserved and
displayed;
4. Private museums, which are places where
collections on one or several themes are preserved and displayed.
Article 48.- Museums
have the following tasks and powers:
1. To collect, inventory, preserve and display
collections;
2. To conduct scientific researches into
cultural heritages;
3. To organize the promotion of cultural
heritages values for the interest of the entire society;
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5. To manage the material foundations and
technical facilities and equipment;
6. To undertake international cooperation
according to the provisions of law;
7. To perform other tasks and exercise other powers
according to the provisions of law.
Article 49.- Conditions
for the establishment of a museum include:
1. Possessing collection(s) on one or several
themes;
2. Having a display area, storage and
preservation means;
3. Having personnel mastering professional
knowledge and techniques for museological activities.
Article 50.-
1. The competence to
decide on the establishment of museums is defined as follows:
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b/ The presidents of the provincial-level
People’s Committees shall decide on the establishment of provincial-level
museums and private museums.
2. The procedures for establishing museums are
prescribed as follows:
a/ Organizations and individuals wishing to
establish museums shall have to send dossiers of establishment request to the
competent persons specified in Clause 1 of this Article. A dossier of museum
establishment request includes a written establishment request and the
competent State agency�s
certification of the conditions prescribed in Article 49 of this Law;
b/ Within 30 days after receiving the dossiers,
persons competent to decide on the establishment of museums shall have to
consider and make decisions. In case of refusal, the reasons therefor must be
clearly stated in writing.
Article 51.-
1. The ranking of museums
shall be based on the following criteria:
a/ The quality and value of collections;
b/ The quality of the preservation and display
of collections;
c/ Their material foundations and technical
facilities and equipment;
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2. Basing itself on the extent of satisfaction
of the conditions prescribed in Clause 1 of this Article, the Government shall
specify the museum ranking.
Article 52.- Cultural
heritages available in tradition houses and memorial houses shall be protected
and have their values promoted under the provisions of this Law.
Article 53.- The State
encourages owners to organize the wide display and/or introduction of their
collections, vestiges, antiques, national precious objects.
When necessary, the competent State agencies in
charge of culture and information may reach agreements with owners on the use of
their vestiges, antiques and national precious objects to serve the study work
or display at the State museums.
The conditions for, content and duration of the
use of vestiges, antiques and national precious objects shall be agreed upon in
writing by the competent State agencies and their owners.
Chapter V
THE STATE MANAGEMENT
OVER CULTURAL HERITAGES
Section 1. THE CONTENT OF THE
STATE MANAGEMENT OVER CULTURAL HERITAGE AND THE STATE MANAGEMENT AGENCIES IN
CHARGE OF CULTURAL HERITAGES
Article 54.- The content
of the State management over cultural heritages includes:
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2. Promulgating and organizing the
implementation of legal documents on cultural heritages;
3. Organizing and directing activities of
protecting and promoting the cultural heritage values; propagating,
popularizing and educating the legislation on cultural heritages;
4. Organizing and managing scientific research
activities; training and fostering the contingent of professional personnel
specialized in cultural heritages;
5. Mobilizing, managing and using resources to
protect and promote the cultural heritage values;
6. Organizing and directing the commendation and
giving of rewards for merits in the protection and promotion of the cultural
heritage values;
7. Organizing and managing the international
cooperation in the protection and promotion of the cultural heritage values;
8. Inspecting and examining the law observation,
settlement of complaints and denunciations and handling of violations of the
cultural heritage legislation.
Article 55.-
1. The Government
exercises the unified State management over cultural heritages.
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3. The ministries, ministerial-level agencies,
agencies attached to the Government shall have to exercise the State management
over cultural heritages according to the responsibility assignment by the
Government.
The Government shall specify the
responsibilities of the ministries, ministerial-level agencies and agencies
attached to the Government for coordinating with the Ministry of Culture and
Information to exercise the unified State management over cultural heritage.
4. The People’s Committees of all levels shall,
within the ambit of their tasks and powers, exercise the State management over
cultural heritages in their respective localities according to the
responsibility assignment by the Government.
Article 56.- The
National Council for Cultural Heritages is the Prime Minister’s advisory
council for cultural heritages.
The Prime Minister shall specify the organization
and operation of the National Council for Cultural Heritages.
Section 2. RESOURCES FOR
ACTIVITIES OF PROTECTING AND PROMOTING VALUES OF CULTURAL HERITAGES
Article 57.- The State
encourages and creates favorable conditions for associations of literature and
arts, science and technology to take part in activities of protecting and
promoting the values of cultural heritages.
The State encourages the socialization of
activities of protecting and promoting the values of cultural heritages.
Article 58.- The
financial sources for the protection and promotion of the values of cultural
heritages include:
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2. Revenues from activities of using and
promoting the values of cultural heritages;
3. Financial assistance and contributions from domestic
and foreign organizations and individuals.
Article 59.- The State
prioritizes the State budget’s investment in activities of protecting and
promoting the values of special national relics, national museums, national
precious objects, historical revolutionary relics and intangible cultural
heritages with typical values.
Article 60.- Organizations
and individuals that own or manage relics, collections and/or museums as
assigned shall be allowed to collect visiting fee and charge for use of such
relics, collections and museums according to the provisions of law.
Article 61.-
1. The State encourages
organizations and individuals to contribute or provide financial supports for
the protection and promotion of the values of cultural heritages.
2. The contributions and financial supports for
activities of protecting and promoting values of cultural heritage, shall be
considered and acknowledged in appropriate forms.
Article 62.- Financial
source reserved for the protection and promotion of the values of cultural
heritages must be managed and used for the right purposes and with efficiency.
Section 3. INTERNATIONAL
COOPERATION ON CULTURAL HERITAGES
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Article 64.- The State
encourages overseas Vietnamese and foreign organizations and individuals to
take part in activities of protecting and promoting the values of the
Vietnamese cultural heritages according to the provisions of law.
Article 65.- Contents
of international cooperation or cultural heritage
1. Elaboration and implementation of programs
and projects for international cooperation on the protection and promotion of
the values of cultural heritages;
2. Joining in international organizations and
acceding to treaties on the protection and promotion of the values of cultural
heritages;
3. Scientific research, application of
scientific advances and transfer of modern technologies in the domain of
preservation and embellishment of relics, construction of museums and
archaeological excavation;
4. Exchange of exhibitions of cultural
heritages;
5. Cooperation in the protection of Vietnamese
heritages in foreign countries;
6. Training and fostering of personnel, exchange
of information and experience in the protection and promotion of the values of
cultural heritages.
Section 4. INSPECTION AND
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS CONCERNING CULTURAL HERITAGE
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1. To inspect the observance of the legislation
on cultural heritages;
2. To inspect the implementation of planning and
plans on the protection and promotion of the values of cultural heritages;
3. To detect, prevent and handle according to
its competence acts of violating the legislation on cultural heritages;
4. To receive and propose the settlement of
complaints and denunciations concerning cultural heritage;
5. To propose measures to ensure the enforcement
of the legislation on cultural heritages.
Article 67.- Inspected
subjects have the following rights and obligations:
1. To request the inspection delegations to
produce inspection decisions, inspectors to produce their inspector’s cards and
strictly comply with the legislation on inspection;
2. To lodge complaints and denunciations or
initiate lawsuits to the competent State agencies about inspection decisions,
acts of inspectors or inspection conclusions when they have grounds to believe
that such decisions, acts or conclusions are at variance with law;
3. To claim compensations for damage caused by
handling measures applied by inspection teams or inspectors not according to
law;
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Article 68.-
1. Organizations and
individuals have the right to lodge complaints or initiate lawsuits about
administrative decisions or administrative acts of agencies, organizations
and/or individuals competent to enforce the legislation on cultural heritages.
2. Individuals have the right to denounce acts
of violating the legislation on cultural heritage to competent agencies,
organizations and/or individuals.
3. The competence and procedures for settling
complaints and denunciations and handling of lawsuits shall comply with the
provisions of law.
Chapter VI
COMMENDATION, REWARD AND
HANDLING OF VIOLATIONS
Article 69.- Organizations
and individuals that record achievements in the protection and promotion of the
values of cultural heritages shall be commended and/or rewarded according to
the provisions of law.
Article 70.- Those who
discover cultural heritages but fail to voluntarily report such or deliberately
appropriate or commit acts of damaging or destroying them shall, depending on
the nature and seriousness of their violations, be administratively sanctioned
or examined for penal liability. If damage is caused, they must make
compensations therefor according to the provisions of law and such cultural
heritages shall be recovered by the State.
Article 71.- Those who
violate the provisions of the legislation on cultural heritages shall,
depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability. If damage is
caused, they must make compensations therefor according to the provisions of
law.
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Chapter VII
IMPLEMENTATION
PROVISIONS
Article 73.- This Law
takes effect as from January 1, 2002.
The previous stipulations which are contrary to
this Law are now all annulled.
Article 74.- The
Government shall detail and guide the implementation of this Law.
This Law was passed on June 29, 2001 by the X
th National Assembly of the Socialist Republic of Vietnam, at its 9th
session.
CHAIRMAN OF THE NATIONAL
ASSEMBLY
Nguyen Van An
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