Decision No. 05/2003/QD-BVHTT On the issuance of the Regulation on the preservation, restoration, and recovery of historical-cultural relics and scenic spots

DECISION

Regarding the issuance of the Regulation on the preservation, restoration andrehabilitation of historical-cultural relics and scenic spots

history - culture, scenic spots and historical sites

MINISTER OF CULTURE AND INFORMATION.

Pursuant to Article 34 of the Cultural Heritage Law issued on June 29, 2001;

Pursuant to the Law on Issuing Legal Normative Documents dated November 12, 1996;;

Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government on thefunctions, tasks, powers, and organizational structure of the Ministry ofCulture and Information;

Pursuant to Circular No. 2106/BXD-KTQH dated December 25, 2002 of theMinistry of Construction agreeing to the Regulation on the preservation,restoration and rehabilitation of relics;

Considering the proposal of the Director of the Relic Preservation MuseumDepartment.

 DECISION:

Article 1:The Regulation on the preservation, restoration and rehabilitation ofhistorical-cultural relics and scenic spots is hereby promulgated along withthis Decision.

Article 2:THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3:The Head of the Ministry's Office, the Director of the Relic PreservationMuseum Department, the heads of units under the Ministry, the Directors ofProvincial Departments of Culture and Information, and the heads of relatedagencies shall be responsible for implementing this Decision../.

 

REGULATIONS

PRESERVATION, RESTORATION AND REHABILITATION OF HISTORICAL-CULTURALRELEICS AND SCENIC SPOTS

(Issued together with Decision No.: 05/2003/QĐ-BVHTT dated February 6, 2003of the Minister of Culture and Information)

Purpose of activities for the preservation, restoration and rehabilitation ofhistorical-cultural relics and scenic spots

1. To protect historical-cultural relics and scenic spots (hereinafter referred toas relics) from adverse impacts of natural and social environments.

           

PART I

GENERAL PROVISIONS

Article 1.2. To ensure the maximum retention of original elements and accurate values ofthe relics in terms of location, structure, materials, traditional techniques,function, interior and exterior features, related landscapes, and other elementsof the relics in order to preserve and promote their values.

3. To ensure harmony between relics and surrounding landscape environments.

Article 2. Scope of Application

1. This Regulation applies to activities related to the preservation, restorationand rehabilitation of relics that have been ranked by the Prime Minister, theMinister of Culture and Information, the Chairman of the People's Committee ofprovinces and centrally governed cities (hereinafter referred to as ProvincialPeople's Committees), and the objects within these relics.

2. This Regulation applies to organizations and individuals in Vietnam; foreignorganizations and individuals, and overseas Vietnamese residing in Vietnam whowork in relevant fields in Vietnam.

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

1. Relic conservation refers to activities aimed at ensuring the long-termexistence and stability of relics for use and promotion of their value;

Article 3. Explanation of Terms

2. Relic preservation refers to activities aimed at preventing and limiting factorsdamaging relics without altering the original elements of the relics;

3. Relic restoration refers to activities aimed at repairing, reinforcing, andreconstructing relics;

Reinforcing relics

involves measures to stabilize the structural components of relics and enhance their load-bearing capacity;

4.Reconstructing relics refers to activities aimed at enhancing the usability and promotion of thevalue of relics while maintaining their integrity and harmony with thehistorical-cultural landscape of the relics;

5.Restoring relics involves activities aimed at reconstructing historical-cultural relics andscenic spots that have been destroyed based on scientific evidence about suchrelics;

            6. Urgent repair of relics involves minor repairs aimed at reinforcing and strengthening parts of relics toimmediately prevent collapse before comprehensive restoration work begins.

7.urgent repair of relics is a minor repair activity aimed at reinforcing and strengthening parts of the relic to promptly prevent the relic from collapsing before comprehensive restoration work is carried out.

Article 4. Classification of Heritage Sites

Pursuant to Article 4 of the Cultural Heritage Law and Clause 14 of Decree No. 92/2002/NĐ-CP dated November 11, 2002 of the Government detailing certain provisions of the Cultural Heritage Law, heritage sites are classified as follows:

1.Historical and Cultural Heritage Site is a construction work, location, and objects, antiquities, national treasures belonging to such construction work or location that have historical, cultural, and scientific value;

2.Architectural and Artistic Heritage Site is an architectural and artistic work, urban architecture ensemble, and city with outstanding value representing various stages of development in the nation's architectural art;

3.Archaeological Heritage Site is an archaeological site with prominent value marking various stages of development in archaeological cultures;

4.Scenic Beauty and Historic Site is a natural landscape or location where a natural landscape is combined with architectural works having historical, aesthetic, and scientific value;

Article 5. Principles for Preservation, Restoration, and Rehabilitation of Heritage Sites

1. Preservation, restoration, and rehabilitation of heritage sites shall only be carried out when necessary and must be established as a project (In cases of urgent repairs of heritage sites, they shall be implemented according to the provisions of Articles 10 and 11 of this Regulation). The project and design for preservation, restoration, and rehabilitation of heritage sites or reports on urgent repairs of heritage sites must be approved by the competent state authority.

2. Ensure the originality, accuracy, integrity, and sustainability of the heritage site.

3. Prioritize activities for preserving and reinforcing heritage sites before applying other technical restoration and rehabilitation methods.

4. Any replacement of old techniques or materials with new ones must be tested beforehand to ensure accurate results when applied to the heritage site.

5. Replacement of an old part with a new one in the heritage site can only be done if there is sufficient scientific evidence and the new part must be clearly distinguished from the original parts.

6. Ensure safety for both the structure itself and visitors.

Chapter II

ESTABLISHING PROJECTS FOR PRESERVATION, RESTORATION, AND REHABILITATION OF HERITAGE SITES

Article 6. Conditions for Establishing Projects for Preservation, Restoration, and Rehabilitation of Heritage Sites

1. The project for preservation, restoration, and rehabilitation of heritage sites (hereinafter referred to as the project) must be carried out by organizations specialized in the preservation, restoration, and rehabilitation of heritage sites in accordance with the regulations on investment management and construction set forth by the Government and as stipulated in Article 20 of this Regulation.

2. The classification of projects shall be conducted in accordance with the Government’s regulations on investment management and construction.

Article 7. Content of Feasibility Study Reports and Detailed Feasibility Reports

The content of feasibility study reports and detailed feasibility reports for the preservation, restoration, and rehabilitation of heritage sites must comply with the steps for preparing feasibility study reports and detailed feasibility reports as prescribed in the Government’s regulations on investment management and construction, and the following contents:

1. Listing, evaluating, and analyzing the history, archaeology, technology, aesthetics, materials, and related documents of the heritage site:

a. Report on the historical content of the heritage site including:

Historical figures and events related to the heritage site (including written records, photographs, drawings, and other descriptions related to individuals and events);

History of the preservation, restoration, and rehabilitation process of the heritage site (written records, photographs, drawings, and other types of archival documents). The content of these documents must specify the year of construction of the structure; the content and time of each preservation, restoration, and rehabilitation effort.

b. Report on the archaeology of the heritage site including:

Reference to previous archaeological documentation of the heritage site (if available);

Evaluation of the predicted level of archaeological research on the heritage site such as surveys, explorations, or excavations;

Recommendations regarding archaeological work: recommendations to implement (or not implement) research, exploration, or excavation at each structure during restoration and rehabilitation; evaluation of all completed archaeological work; recommendations for protecting archaeological heritage sites.

c. Report on the structure and foundation of the heritage site including: condition, load-bearing capacity, and connections.

d. Report on the aesthetics of the heritage site including:

Written records, photographs describing the historical aesthetic value of the heritage site;

Evaluation of the value of decorative arts at the heritage site;

Evaluation of the value of decorative components such as color, type, decoration, material, age;

Report on the condition and quality of decorative arts.

đ. Report on the materials of the heritage site including:

Data on the types of materials in the heritage site such as: species, material, size, color, decoration, age, composition, structure, chemical composition, and other relevant data;

Preliminary classification evaluation of the materials used in the heritage site throughout its construction, preservation, restoration, and rehabilitation phases to determine the original materials and the construction process of the heritage site.

e. Evaluation of the technical condition and causes of damage to structural components of the heritage site over different periods and stages of construction, preservation, restoration, and rehabilitation, and recommendations for preservation, reuse, and material restoration solutions.

2. Preparation of survey and assessment files on the current architectural status of the heritage site:

a. Written documentation on the heritage site including:

Description of the overall current condition of each structure (lost, remaining, collapsed, damaged, changed...);

Evaluation of the causes of damage to each structure;

Basic data on the current condition of the heritage site.

b. Survey drawing files of the current status of the heritage site including:

Plan view drawing;

Overall plan view drawing;

Plan view drawing of each component of the heritage site;

Elevation drawing of each component of the heritage site;

Section drawing of each component of the heritage site;

Drawing assessing the current status of each part of the components of the heritage site;

Previous architectural drawings as reference material;

Explanation of the survey drawing file.

c. Comprehensive evaluation of the architecture of the heritage site.

3. Photographs and video recordings of the current status of the heritage site (at the time of establishing the project):

a. Overall photographs and video recordings;

b. Photographs and video recordings of structures;

c. Interior and exterior photographs and video recordings of structures;

d. Photographs of distinctive details.

4. Impressions of important details;

5. Plans for preservation, restoration, and rehabilitation of the heritage site:

a. Explanation of plans for preservation, restoration, and rehabilitation of the heritage site (selected plan, comparative plan) including: preservation plan; restoration plan; rehabilitation plan; comprehensive plan;

b.Architectural drawings for the preservation, restoration, and repair plan of the relic include:

Overall plan view drawing;

Floor plans of the structures;

Elevations of the structures;

Cross-sections of the structures;

The drawings must reflect the content and location where preservation, restoration, and repair work will be carried out and must be consistent with the survey drawings, photographs of the current state of the relic.

6.Analysis and determination of investment items:

a.Selection of priority investment items;

b.Selection of preservation, restoration, and repair plans that are suitable for the current state of the relic and the purpose of the project.

7.Conclusion and recommendations:

a.Recommendations on the extent of archaeological work to be conducted;

b.Recommendations on the preservation, restoration, and repair plans for the relic;

c.General recommendations.

8.References.

All written, drawn, photographic, oral, stamped, and other materials related to the relic mentioned in the project shall be considered as valuable reference materials.

Chapter III

TECHNICAL DESIGN

FOR THE PRESERVATION, RESTORATION AND REPAIR OF RELICS

Article 8. Documents and conditions for preparing technical design for the preservation, restoration and repair of relics

1.Before carrying out preservation, restoration and repair work, the relic must have a technical design for preservation, restoration and repair (hereinafter referred to as the design), which has been approved by the competent authority (except in cases of urgent repairs of relics as stipulated in Articles 10 and 11 of this Regulation).

2.All designs must be prepared by organizations with legal personality in accordance with the Government's regulations on investment management and construction and as stipulated in Article 20 of this Regulation.

Article 9. Content of the design documents

The content of the design documents must comply with the content of the technical design documents for construction projects as prescribed in the Government's regulations on investment management and construction and guidelines issued by the Ministry of Construction, and in addition, must include the following contents:

1.Photographs (color or black-and-white, size 9x12cm or larger) and recordings of the current state of the relic to be preserved, restored, and repaired:

a.Overall photographs and recordings;

b.Elevation photographs and recordings of the structures;

c.Interior and exterior photographs and recordings of the structures;

d.Detail photographs and recordings of structural components and parts.

2.Description of preservation, restoration, and repair solutions for the relic:

a.Preservation plan;

b.Restoration plan;

c.Repair plan;

d.Comprehensive plan.

3.Technical drawings of the current state of the relic (fully annotated, marked, and labeled to accurately and clearly depict the current state of the relic):

a.Overall floor plan including:

Current overall floor plan;

Overall floor plan of traces of lost structures.

b.Roof plan;

c.Floor plans of the structures including:

Overall floor plan of all structures;

Floor plan of structures to be subject to preservation, restoration, and repair work;

d.Overall elevations of structures to be subject to preservation, restoration, and repair work;

đ.Cross-sections and longitudinal sections of structures to be subject to preservation, restoration, and repair work;

e.Details of preservation, restoration, and repair work.

4.Technical drawings of the preservation, restoration, and repair plan:

a.Overall floor plan;

b.Floor plans of the structures;

c.Elevations of the structures;

d.Cross-sections of the structures;

đ.Roof plan;

e.Details to be preserved, restored, and repaired.

5.Estimated cost, total estimated cost.

Applying the standard rates for the repair and renovation of relics issued by the Ministry of Culture and Information and other relevant State regulations at the time of submitting the estimated cost and total estimated cost.

 Chapter IV

EMERGENCY REPAIRS OF RELICS

Article 10. Urgent Repairs Required for Relics

Urgent repairs required for relics are those relics that are at risk of beingdestroyed due to the impact of nature and human activities, which need to berepaired to reinforce and strengthen parts of the relic to prevent it fromcollapsing before conservation, restoration, and recovery work can be carried out.

Article 11. Procedures and Limits for Urgent Repairs of Relics

1.Urgent repairs of relics may only be carried out after receiving a decisionfrom the Provincial People's Committee.

2.The scope of urgent repairs of relics includes: repairing damaged parts bymeans of patching, reinforcing, or replacing similar components.

3.The Department of Culture and Information or the provincial relic managementagency shall be responsible for establishing and directly managing the urgentrepair team for relics. The urgent repair team for relics consists of one provincialrelic manager and one architect or construction engineer (as stipulated inArticles 20 and 21 of this Regulation) with the following responsibilities:

a.Preparing an urgent repair report for submission to the Provincial People'sCommittee for approval;

b.Supervising the urgent repair work after receiving the approval decision onthe urgent repair report from the Provincial People's Committee.

4.The urgent repair report shall include the following contents:

a.Written materials including:

Technical assessment of the current architectural condition;

Proposals for urgent repair works and measures to be implemented;

Recommendations.

b.GENERAL PROVISIONSPhotographs of the current state including:

GENERAL PROVISIONSPhotographs of the location of deteriorated structures;

GENERAL PROVISIONSDetailed photographs of components requiring urgent repair.

Architectural drawings including:

Location drawings;

Current condition drawings;

Urgent repair plan drawings.

Chapter V

REVIEW AND APPROVAL OF PROJECTS AND DESIGNS

 

Article 12.Review and Approval of Projects and Designs

1.Projects and designs must be reviewed by competent state agencies for cultureand information.

2.The review of projects and designs shall be conducted according to Article 35of the Law on Cultural Heritage, Article 17 of Decree No. 92/2002/NĐ-CP datedNovember 11, 2002, detailing the implementation of certain provisions of the Lawon Cultural Heritage and the Government's Investment Construction ManagementRegulation.

Article 13.Approval of Projects and Designs

The project's main investor authority will only approve a project or designafter the project or design dossier has received a written review opinion fromthe competent agency for culture and information.

Article 14.Project and Design Dossier for Review or Approval

The project and design dossier submitted to the competent agency for cultureand information for review or approval shall include:

1.Project and design dossier, budget estimate, and total budget estimate;

a.Project and design dossier, budget estimate, and total budget estimate;

b.A letter from the Provincial People's Committee or organization or individualrequesting the Ministry of Culture and Information to review or approve (fornational relics and special national relics) accompanied by a request letterfrom the Director of the Department of Culture and Information or the provincialrelic management agency;

c.A letter from organizations or individuals requesting the Provincial People'sCommittee to approve or requesting the Department of Culture and Information orthe provincial relic management agency to review (for provincial relics);

d.Review documents of organizations with legal status regarding project anddesign reviews;

e.Other related documents.

2.The Ministry of Culture and Information, the Department of Culture andInformation, or the provincial relic management agency shall provide a writtenresponse within no more than 30 days (for Group B projects) and no more than 20days (for Group C projects) from the date of receipt of the complete dossier forreview or approval.

Chapter VI

CONSTRUCTION FOR THE CONSERVATION, RESTORATION, AND RECOVERY OF RELICS

Article 15. General Provisions

Organizations and individuals when carrying out preservation, repair, and restoration of cultural relics must comply with the provisions of the Cultural Heritage Law, Decree No. 92/2002/NĐ-CP dated November 11, 2002 of the Government detailing the implementation of certain articles of the Cultural Heritage Law, the Government's Investment and Construction Management Regulations, current regulations of the Ministry of Construction, and the provisions of Articles 16, 17, 18, and 19 of this Regulation.

Article 16. Supervision of Construction

1. When carrying out preservation, repair, and restoration of cultural relics, there must be a construction supervision team, except in cases of urgent repairs to cultural relics as stipulated in Articles 10 and 11 of this Regulation.

2. The composition of the construction supervision team must comply with the current regulations of the Ministry of Construction, in addition to having at least one architect or civil engineer (as specified in Clause 2, Article 21 of this Regulation) and one heritage management officer from the provincial heritage management agency.

3. The operation time of the construction supervision team for preservation, repair, and restoration of cultural relics shall be carried out according to the regulations of the Ministry of Construction.

4. In addition to the powers and responsibilities prescribed in the Government's Investment and Construction Management Regulations, the construction supervision team for preservation, repair, and restoration of cultural relics has the following responsibilities:

a. Supervising the dismantling, removal, and preservation of original artifacts or components of the structure;

b. Participating in selecting and classifying structural components removed according to the approved design documentation and actual dismantling and removal of the structure;

c. Supervising and confirming new issues or important matters concerning the cultural relic discovered during construction, or proposing that the project owner halt construction if such issues arise.

Article 17. Dismantling and Removal of Structures

1. The dismantling and removal of structures or parts of cultural relic structures must comply with the following provisions:

a. Constructing protective shelters for the structure and storage facilities for architectural components before dismantling and removing the structure;

b. Not losing, damaging, or altering the shape of architectural components;

c. Having plans to protect and preserve the components of the cultural relic structure both before and during dismantling and removal, while also having separate areas for protection against loss and damage;

d. Recording and photographing the entire process of dismantling and removing the structure.

2. Immediately after dismantling and removing the cultural relic, select and classify usable and non-usable components based on the principle of preserving the maximum original elements of the cultural relic.

3. The construction unit responsible for preservation, repair, and restoration of cultural relics bears the responsibility for protecting and transferring architectural components removed according to the design documentation and the selection and classification by the supervision team to the state management agency or the owner of the cultural relic for long-term research purposes.

Article 18. Construction Diary

The content of the construction diary shall be implemented according to the regulations issued by the Ministry of Construction and the following provisions:

1. Written Records:

a. Recording the dismantling, removal, and preservation of original components and artifacts at the site;

b. Recording the process of manufacturing replacements and renovations;

c. Recording the quantity, dimensions, and materials of replaced, preserved, repaired, and restored components;

d. Recording new discoveries about the cultural relic during the preservation, repair, and restoration process.

2. Photographic and Video Records:

a. Photographing and recording the structure before dismantling and removal;

b. Photographing and recording the dismantling and removal process;

c. Photographing and recording the construction and assembly process of the structure;

photographs must be color or black-and-white prints no smaller than 9x12 cm.

3. Drawing Records:

a. Detailed drawings of new discoveries about the cultural relic;

b. Detailed drawings of components and their positions replaced during the preservation, repair, and restoration process.

The work of preserving, repairing, and restoring cultural relics must be recorded daily in the construction diary and confirmed by the construction supervision team.

Article 19. Documents for Reporting the Process and Results of Conservation, Repair, and Restoration of Relics

The completion documents for the conservation, repair, and restoration of relics shall include the completion documents issued by the Ministry of Construction and the following documents:

1. Current condition photo documents, replacement, and renewal documents;

2. Technical survey drawings of current conditions, technical construction drawings for conservation, repair, and restoration not included in the approved design;

3. Partial and overall acceptance certificates for the construction process of conservation, repair, and restoration:

a. Structural, aesthetic, and material acceptance certificate;

b. Quantity acceptance certificate.

Acceptance certificates must have the confirmation opinion of the construction supervision team.

Chapter VII

CONDITIONS FOR ORGANIZATIONS AND INDIVIDUALS TO PARTICIPATE IN THE CONSERVATION, REPAIR, AND RESTORATION OF NATIONAL RELICS

PARTICIPATION IN THE PRESERVATION, RESTORATION AND REHABILITATION OF RELICS

NATIONAL HERITAGE AND NATIONAL RELIC

Article 20.Conditions for organizations and individuals to establish projects and designs

1. For organizations with the function of establishing projects and designs:

a. Registered for consulting activities at competent authorities according to state regulations;

b. Have a team of architects or construction engineers capable of establishing projects and designs who have been trained in relic conservation, repair, and restoration by the Museum Preservation Department of the Ministry of Culture and Information in collaboration with specialized construction universities.

2. For individuals with the function of establishing projects and designs:

a. Are architects or construction engineers who have been trained in relic conservation, repair, and restoration by the Museum Preservation Department of the Ministry of Culture and Information in collaboration with specialized construction universities;

b. Have participated in project establishment and design at least twice.

Article 21. Conditions for Organizations and Individuals to Construct Conservation, Repair, and Restoration of Relics

1. For organizations:

a. Have the function of constructing conservation, repair, and restoration of relics and registered for activities at competent state management authorities;

b. Have architects or construction engineers commanding and supervising the construction of conservation, repair, and restoration of relics who have been trained in relic conservation, repair, and restoration by the Museum Preservation Department of the Ministry of Culture and Information in collaboration with specialized construction universities;

c. Have a team of skilled workers participating in the construction of conservation, repair, and restoration of relics.

2. For individuals:

a. Are architects or construction engineers with expertise and experience suitable for the job requirements;

b. Are artisans with expertise suitable for the work being done;

c. Skilled workers in each field.

Chapter VIII

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 22. Inspection and Supervision of Activities for Conservation, Repair, and Restoration of Relics

1. The Ministry of Culture and Information's inspection agency performs the functions of inspecting and supervising all activities for conservation, repair, and restoration of relics nationwide.

2. The provincial or municipal cultural and information department's inspection agencies perform the functions of inspecting and supervising activities for conservation, repair, and restoration of relics within their respective provinces or cities.

Article 23. Handling Violations

1. When the Ministry of Culture and Information's inspection agency discovers violations in relic conservation, repair, and restoration work, it has the authority to temporarily suspend the construction of conservation, repair, and restoration of relics for up to 15 days while reporting to the Minister of Culture and Information and the Provincial People's Committee for appropriate measures.

2. When the provincial or municipal cultural and information department's inspection agencies discover violations in relic conservation, repair, and restoration work, they have the authority to temporarily suspend the construction of conservation, repair, and restoration of relics within their respective provinces or cities for up to seven days while reporting to the Provincial People's Committee or the Ministry of Culture and Information for appropriate measures.

Chapter IX

IMPLEMENTING PROVISIONS

Article 24. Responsibility for Guiding and Inspecting Implementation of the Regulation

The Director of the Museum Preservation Department is responsible for organizing guidance and inspection of the implementation of this regulation.

During the implementation of this regulation, if issues that need modification or supplementation are discovered, the Director of the Museum Preservation Department shall submit them to the Minister of Culture and Information for consideration and decision.

Article 25. Effective Date

This regulation takes effect fifteen days from the date of signature./.