Circular No. 04/2010/TT-BVHTTDL stipulates the inventory of intangible cultural heritage and the establishment of scientific files for inclusion in the National List of Intangible Cultural Heritage.

CIRCULAR

Regulations on inventorying intangible cultural heritage and compiling scientific files for inclusion in the National List of Intangible Cultural Heritage

intangible cultural heritage to be included in the National List of Intangible Cultural Heritage

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Pursuant to the Law on Cultural Heritage No. 28/2001/QH 10, June 29, 2001, and the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage No. 32/2009/QH 12, June 18, 2009;

Pursuant to Decree No. 185/2007/NĐ-CP, December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Ministry of Culture, Sports and Tourism hereby stipulates regulations on inventorying intangible cultural heritage and compiling scientific files for intangible cultural heritage to be included in the National List of Intangible Cultural Heritage as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Circular stipulates the inventorying of intangible cultural heritage and the compilation of scientific files for intangible cultural heritage to be included in the National List of Intangible Cultural Heritage.

2. This Circular applies to agencies, organizations, and individuals in Vietnam; foreign agencies, organizations, and individuals; and overseas Vietnamese participating in the inventorying of intangible cultural heritage and the compilation of scientific files for intangible cultural heritage to be included in the National List of Intangible Cultural Heritage in Vietnam.

This Decree applies to agencies, organizations, and individuals participating in electricity activities and using electricity.

In this Circular, the following terms are understood as follows:

1. Identification and valuation is an activity aimed at determining the name, type, cultural subject, cultural space, vitality, characteristics, and historical, cultural, and scientific value of intangible cultural heritage;

2. Documentation involves interviewing, recording, audio recording, video recording (including still images and moving images), and other activities aimed at compiling files for preservation to serve long-term research and conservation of intangible cultural heritage;

3. Cultural Subject refers to communities, groups of people, or individuals who own, practice, and create intangible cultural heritage;

4. Related Cultural Space is the place where intangible cultural heritage is created, practiced, and transmitted.

Article 3. Responsibilities of Organizations and Individuals Regarding Inventorying Intangible Cultural Heritage and Compiling Scientific Files for Inclusion in the National List of Intangible Cultural Heritage

1. Responsibilities of the Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter referred to as the Chairman of the Provincial People's Committee):

a) Directing the development of an inventory plan, approving the inventory plan, and allocating funds for the inventorying of intangible cultural heritage in accordance with the State Budget Law;

b) Deciding to establish an inventory committee for intangible cultural heritage. Members of the inventory committee include representatives from the Department of Culture, Sports and Tourism; People's Committees of districts, towns, and counties; People's Committees of communes, wards, and towns; cultural subjects, organizations, and individuals related to the matter, with the head of the Department of Culture, Sports and Tourism serving as the chairperson.

2. Responsibilities of the Director of the Department of Culture, Sports and Tourism:

a) Preparing short-term and long-term inventory plans to be submitted to the Chairman of the Provincial People's Committee for approval and organizing their implementation;

b) Promoting and publicizing the purpose and tasks of the inventory to raise awareness and attract community participation.

State agencies, people's armed forces units, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, economic organizations, and individuals have the responsibility to create conditions for authorized organizations and individuals tasked with conducting the inventory of intangible cultural heritage and compiling scientific files for intangible cultural heritage to be included in the National List of Intangible Cultural Heritage.

Chapter II

SPECIFIC PROVISIONS

Section 1. INVENTORY OF INTANGIBLE CULTURAL HERITAGE

Article 4. Objects to be inventoried

1. The objects to be inventoried are intangible cultural heritage currently existing, including the following types:

a) Languages and scripts of ethnic groups in Vietnam;

b) Folk literature, including epic poems, folk songs, folk songs, proverbs, calls, verses, riddles, fairy tales, hero stories, humorous stories, fables, lullabies, and other expressions conveyed through speech or recorded in writing;

c) Folk performing arts, including music, dance, singing, theater, and other forms of folk performances;

d) Social customs, including customary laws, village regulations, moral standards, rituals, and other customs;

đ) Traditional festivals;

e) Traditional handicrafts;

f) Folk knowledge, including knowledge about nature, human life, production, traditional medicine, cuisine, clothing, and other folk knowledge.

2. Priority should be given to inventorying intangible cultural heritage that is at risk of disappearing and requires urgent protection.

Article 5. Content of Inventory

The inventory must collect information with the following contents:

1. Name: Determine the common name and other names (if any);

2. Type: Based on Clause 1, Article 4 of this Circular, determine the type of intangible cultural heritage. In cases where intangible cultural heritage belongs to multiple types, identify all relevant types;

3. Location: Determine the place name where the intangible cultural heritage exists; if the intangible cultural heritage exists in multiple locations within a province or centrally-administered city, specify down to the ward, commune, or town level;

4. Cultural Subject:

a) In cases where the cultural subject is an individual: Clearly state the full name, age, ethnicity, occupation, address, and related information regarding the practice of intangible cultural heritage;

b) In cases where the cultural subject is a community or group: Identify the common name of the community or group and information about representatives of the community or group. Information about representatives needs to be determined as specified in point a of this clause.

5. Description:

a) The process of origin and existence of intangible cultural heritage;

b) Forms of expression, implementation procedures, architectural works, physical objects, and cultural spaces related to the creation of material and spiritual products during the practice of intangible cultural heritage;

6. Current Status: Determine the ability to maintain, risks, and causes of disappearance of intangible cultural heritage;

7. Evaluation of Value: Determine the historical, cultural, scientific value and role of intangible cultural heritage in current community life;

8. Propose protective measures;

9. Compile a list of related documents concerning intangible cultural heritage, including publications, field survey materials, and other documents.

Article 6. Methods of Inventory

1. Conduct field surveys, interviews, recording, audio recording, photography, videography to collect information and document intangible cultural heritage;

2. Analyze, compare, evaluate, and synthesize materials on intangible cultural heritage.

Article 7. Procedure for Organizing Inventory

1. Inventory procedure:

a) Research and collect existing materials and information related to the objects to be inventoried;

b) Train participants in the inventory;

c) Conduct field surveys, collect materials and information on the objects to be inventoried according to the content stipulated in Article 5 of this Circular;

d) Prepare an inventory form (Form No. 1 issued together with this Circular);

đ) Prepare a list of intangible cultural heritage to be inventoried. Based on the provisions of Article 5 of this Circular, fill in the content of the intangible cultural heritage inventory list (Form No. 2 issued together with this Circular);

e) Summarize, evaluate, report preliminary inventory results, and inform the local community;

g) Prepare an inventory dossier.

2. During the inventory process, when discovering intangible cultural heritage requiring urgent protection, the Director of the Department of Culture, Sports and Tourism shall report to the Chairman of the People's Committee of the province to promptly take protective measures.

Article 8. Inventory Documents

1. The inventory documents include:

a) Report on the results of the inventory: Presenting basic information about the inventory process, quantity, name, type, value, current status, protection measures, and methods to enhance the value of intangible cultural heritage. The inventory report must be signed by the head of the inventory committee;

b) Inventory forms;

c) List of intangible cultural heritage inventory;

d) Audio tapes, video recordings, photographs, diagrams, maps, drawings;

đ) Field survey logs and other related documents.

2. The inventory documents shall be kept at the Department of Culture, Sports, and Tourism.

Article 9. Reporting and Announcing the Results of the Inventory

1. The Director of the Department of Culture, Sports, and Tourism is responsible for reporting to the Chairman of the Provincial People's Committee the results of the inventory and announcing the results of the inventory.

2. The Director of the Department of Culture, Sports, and Tourism is responsible for reporting to the Minister of Culture, Sports, and Tourism annually the results of the inventory in the locality. The latest date for submission is October 31.

Section 2. ESTABLISHING AND REVIEWING SCIENTIFIC DOCUMENTS OF INTANGIBLE CULTURAL HERITAGE FOR INCLUSION IN THE NATIONAL LIST OF INTANGIBLE CULTURAL HERITAGE

Article 10. Criteria for Selecting Intangible Cultural Heritage for Scientific Documentation

Intangible cultural heritage that is to be documented scientifically for inclusion in the National List of Intangible Cultural Heritage must meet the following criteria:

1. Representativeness, reflecting the identity of the community or locality;

2. Reflecting cultural diversity and human creativity, passed down through generations;

3. Possessing the ability to recover and sustain over time;

4. Receiving consensus from the community, voluntary nomination, and commitment to protect.

Article 11. Procedures and Formalities for Establishing and Submitting Scientific Documentation of Intangible Cultural Heritage for Inclusion in the National List of Intangible Cultural Heritage

1. The Director of the Department of Culture, Sports, and Tourism shall organize the establishment of scientific documentation of intangible cultural heritage to submit to the Chairman of the Provincial People's Committee for recommendation to the Minister of Culture, Sports, and Tourism for inclusion in the National List of Intangible Cultural Heritage.

2. The scientific documentation of intangible cultural heritage includes:

a) Intangible cultural heritage profile (Form No. 3 issued together with this Circular);

b) Photographs: At least 10 color photos, size 10cm x 15cm, fully annotated, ensuring sufficient basis for identifying intangible cultural heritage. It is encouraged to attach digital storage photos;

c) Video recording: Recorded on tape or disc, minimum length 10 minutes, clear images, ensuring sufficient basis for identifying intangible cultural heritage;

d) Audio recording: Recorded on tape or disc, clear sound, ensuring sufficient basis for identifying intangible cultural heritage;

đ) Map showing the location distribution of intangible cultural heritage;

e) Field survey materials related to intangible cultural heritage;

g) Commitment to protect and promote the value of intangible cultural heritage by individuals or representatives of the cultural subject group, community, or practitioners of intangible cultural heritage (Form No. 4 issued together with this Circular);

h) Document granting permission from the Department of Culture, Sports, and Tourism for the use of accompanying materials in the scientific documentation of intangible cultural heritage by the Ministry of Culture, Sports, and Tourism (Form No. 5 issued together with this Circular);

i) List of documents in the file.

3. The scientific documentation of intangible cultural heritage shall be kept at the Department of Culture, Sports, and Tourism and the Heritage Management Agency.

Article 12. Examination of Scientific Files for Intangible Cultural Heritage

1. The Director of the National Heritage Agency shall submit to the Minister of Culture, Sports and Tourism for consideration and decision on establishing the Scientific File Examination Board (hereinafter referred to as the Examination Board) to advise the Minister in deciding to include intangible cultural heritage in the List of National Intangible Cultural Heritage.

2. Members of the Examination Board shall consist of managers and scientists working in the field of protecting and promoting the value of intangible cultural heritage with credibility.

3. Based on the examination opinions of the Examination Board, the Director of the National Heritage Agency shall submit to the Minister of Culture, Sports and Tourism for decision on including intangible cultural heritage in the List of National Intangible Cultural Heritage.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from August 15, 2010.

2. Heads of relevant agencies and units shall be responsible for organizing regular and extensive publicity and guiding the full implementation of the provisions of this Circular.

Article 14. Implementation Organization

In the course of implementation, if any issues arise or difficulties occur, organizations and individuals shall report to the National Heritage Agency to request the Minister of Culture, Sports and Tourism to promptly amend and supplement./.