Circular No. 09/2011/TT-BVHTTDL stipulates the contents of scientific files for ranking historical and cultural relics and scenic spots.

CIRCULAR

Regulations on the Content of Scientific Files for Ranking Historical and Cultural Relics and Scenic Beauty Spots

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Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;

Based on Decree No. 98/2010/NĐ-CP dated September 21, 2010 of the Government detailing the implementation of certain provisions of the Cultural Heritage Law and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law;

Pursuant to Decree No. 185/2007/NĐ-CP dated 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 stipulates the content of scientific files for ranking historical and cultural relics and scenic beauty spots as follows:

PART I

GENERAL PROVISIONS

Article 1. Subject and Scope of Application

1. This Circular regulates the content of scientific files for ranking provincial-level historical and cultural relics and scenic beauty spots, national-level relics, and national special relics.

2. This Circular applies to organizations and individuals in Vietnam participating in preparing scientific files for ranking relics (hereinafter referred to collectively as scientific relic files).

Article 2. Interpretation of Terms

1. Owner of the relic is an organization or individual having the right of possession, the right of use, and the right of disposition over the relic in accordance with the provisions of the law.

2. Organization or individual entrusted with managing the relic is an organization or individual entrusted by the owner of the relic with the right to manage, protect, and enhance the value of the relic in accordance with the provisions of the law.

3. Representative of the organization or individual who is the owner or entrusted with managing the relic is a legally authorized representative of the owner of the relic or the organization or individual entrusted with managing the relic to establish and implement civil transactions to exercise ownership rights or management rights over the relic in accordance with the provisions of the law.

Article 3. Subjects Preparing Scientific Relic Files

Construction works, locations, natural landscapes, and natural areas included in the inventory list of relics of provinces and centrally-administered cities according to Clause 14, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage that meet the criteria specified in Article 28 of the Law on Cultural Heritage, as amended and supplemented in Clause 9, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage.

Article 4. Scientific Relic Files and Archiving of Files

1. Scientific relic files must contain all components as prescribed in Clause 2, Article 13 of Decree No. 98/2010/ND-CP dated September 21, 2010 of the Government detailing the implementation of certain articles of the Law on Cultural Heritage and the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage.

2. Scientific relic files shall be stored at organizations or individuals who are owners or entrusted with managing the relics, People's Committees of communes, wards, towns (hereinafter collectively referred to as People's Committees of communes), People's Committees of districts, towns, and centrally-administered cities (hereinafter collectively referred to as People's Committees of districts), Departments of Culture, Sports and Tourism, and the Cultural Heritage Department (for national and special national relics).

3. It is encouraged to format electronic documents for the components of scientific relic files for archiving in accordance with the form and standards prescribed in Chapter II of this Circular.

Chapter II

CONTENTS OF SCIENTIFIC RELIC FILES

Article 5. Request for Ranking Relic Form

The request for ranking relic form is a document submitted by organizations or individuals who are owners or entrusted with managing the relics to the Director of the Department of Culture, Sports and Tourism requesting competent state authorities to consider ranking the relics according to their jurisdiction (Model No. 1 issued together with this Circular).

Article 6. Relic Profile

The relic profile must fully disclose the following contents:

1. Name of the relic:

a) The name of the relic uniformly used in the scientific relic file;

b) Other names of the relic (if any) and the origin of these names.

2. Location and route to the relic:

a) Location of the relic: fully record the old and new names of the locality where the relic is located, including house number, street, village, commune (ward, town), district (township, centrally-administered city), province (centrally-administered city) and clearly state the reasons for name changes during different periods;

b) Route to the relic: clearly indicate the distance from the administrative center of the province or centrally-administered city where the relic is located to the relic and provide specific directions to the relic using various means of transportation.

3. Classification of relics:

Based on the results of surveys and studies of the relic, classify the relic according to the provisions of Article 11 of Decree No. 98/2010/ND-CP dated September 21, 2010.

In cases where the relic contains multiple types of values, classify it according to those types starting from the most prominent value (e.g., archaeological and architectural-artistic relic; historical and scenic beauty spot).

4. Historical events, figures, and characteristics of the relic:

a) For historical relics: present historical events and figures related to the relic; summarize previous research results and clearly state the scientific basis and assessment of the organization or individual preparing the scientific relic file regarding those historical events and figures;

b) For architectural-artistic relics: briefly describe historical events and figures related to the relic (if any), the construction process, preservation, restoration, and enhancement of the relic; summarize previous research results and clearly state the scientific basis and assessment of the organization or individual preparing the scientific relic file regarding the construction process, preservation, restoration, and enhancement of the relic;

c) For archaeological relics: summarize the discovery and excavation process of the relic, previous research results, and clearly state the scientific basis and assessment of the organization or individual preparing the scientific relic file regarding the age, owner, characteristics, and nature of the relic;

d) For scenic beauty spots: briefly describe historical events and figures directly related to the scenic beauty spot (if any), and highlight the characteristics of the scenic beauty spot concerning natural scenery, geology, geomorphology, geography, biodiversity, unique ecosystems, or material traces of Earth's development stages.

5. Cultural and religious activities related to the relic:

Provide detailed descriptions of festivals and other cultural and religious activities related to the relic; summarize previous research results and propose assessments of the organization or individual preparing the scientific relic file regarding the characteristics and historical-cultural value of the festivals and cultural and religious activities related to the relic.

6. Description of the relic:

a) Provide a general overview of the scope, scale, and overall layout of the cultural heritage site, as well as the surrounding environmental landscape; provide a general technical assessment of the condition of the cultural heritage site, clearly stating the extent of damage and deterioration of the site, and the status of any violations of the site (if any).

b) Provide specific information for each type of cultural heritage site:

For historical cultural heritage sites: describe in detail the construction works, artifacts, and remaining traces related to historical events and figures associated with the site;

For architectural and artistic cultural heritage sites: describe in detail the construction techniques, architectural structure, building materials, themes, patterns, and decorative arts of each component of the site;

For archaeological cultural heritage sites: specify the components, characteristics, cultural layers, and important artifacts discovered during research, exploration, and excavation of the site; the current state of the site; For scenic spots: describe in detail the natural scenery, geology, geomorphology, geography, biodiversity, unique ecosystems, or natural areas containing physical evidence of Earth's developmental stages; describe any architectural and artistic works related to the scenic spot (if any);

7. Distribution diagram of artifacts, antiques, and national treasures within the cultural heritage site:

Create a diagram showing the locations of artifacts, antiques, and national treasures (hereinafter referred to as objects) within the cultural heritage site at the time of preparing the scientific dossier; clearly annotate the names and object codes on the diagram according to the names and object codes recorded in the Object Inventory of the Cultural Heritage Site as stipulated in Article 10 of this Circular.

8. Historical, cultural, scientific, and aesthetic value of the cultural heritage site:

Provide a general evaluation of the historical, cultural, scientific, and aesthetic value of the cultural heritage site, clearly stating the prominent values of the site that serve as the basis for determining the type of cultural heritage site by the organization or individual preparing the scientific dossier.

9. Current status of protection and enhancement of the cultural heritage site's value:

Clearly state the name of the organization or individual directly owning or managing the cultural heritage site and the current status of organizing the protection and enhancement of the cultural heritage site's value.

In cases where the cultural heritage site is jointly owned or state-owned, it must clearly record the decision to establish a Protection Board (or Management Team) of the competent state authority (if any).

10. Directions for protecting and enhancing the cultural heritage site's value:

Propose directions for protecting and enhancing the cultural heritage site's value aimed at sustainably preserving the site while promoting local socio-economic development.

11. Conclusion:

Propose to the competent state authority the classification of the cultural heritage site as a provincial-level cultural heritage site, a national-level cultural heritage site, or a special national-level cultural heritage site based on the scientific dossier prepared by the organization or individual.

12. References:

a) Compile a list of reference materials related to the study, protection, and enhancement of the cultural heritage site's value;

b) Collect relevant documents, articles, and proceedings from scientific conferences directly related to the cultural heritage site to form an appendix to the cultural heritage site's dossier. For archaeological cultural heritage sites, the appendix must include a written report or a copy of the excavation report.

13. Identification of individuals and organizations preparing the cultural heritage site's dossier:

The cultural heritage site's dossier is bound into a volume, size A4 paper. At the last page, the preparer of the cultural heritage site's dossier must record the date of preparation, sign, and write their full name, and the head of the unit preparing the scientific dossier must sign and affix a confirmation stamp.

Article 7. Map of location and route to cultural relic

Use the administrative map of the province or centrally governed city where the cultural relic is located to mark and clearly annotate the location of the cultural relic and the route from the provincial or centrally governed city's administrative center to the cultural relic.

Article 8. Technical drawings of cultural relics

1. The technical drawings of cultural relics must meet the technical and aesthetic requirements as follows:

a) Overall plan at a scale of 1/500;

For historical heritages: the overall layout plan must clearly show the positions of buildings, sites, and traces related to historical events and figures associated with the heritage;

For archaeological heritages: the overall layout plan must fully display the locations of archaeological sites within the heritage that have been discovered, explored, and excavated;

For scenic spots: the overall plan must show contour lines and the positions of construction works within the scenic spot area, with annotations on the scale of each construction work;

b) Drawings of various elevations, facades, cross-sections, longitudinal sections, and detailed architectural carvings at a scale of 1/50;

In cases where there are detailed architectural carvings but with small sizes: the technical drawings shall be executed at an appropriate scale to clearly depict the carvings;

In cases of archaeological sites: reuse (exact copies) the drawings of various elevations and cross-sections of excavation pits and drawings of some representative artifacts made during the excavation process.

2. The set of technical drawings shall be bound into a volume with A3 paper size, soft cover, stamped with a seal and confirmed by the head of the unit preparing the scientific dossier of the cultural relic.

Article 9. Set of color photographs depicting cultural relics and artifacts

1. The set of color photographs depicting cultural relics and artifacts includes: overall photographs of the cultural relic, photographs of construction works, locations, natural landscapes constituting the cultural relic, festival photographs, cultural and religious activities associated with the cultural relic, and photographs of artifacts belonging to the cultural relic.

2. The set of color photographs depicting cultural relics and artifacts must meet the following requirements:

a) For overall photographs of the cultural relic: must clearly show images of the cultural relic from different angles;

b) For photographs of construction works and locations within the cultural relic: must clearly show external images and detailed architectural structures, representative decorative motifs inside each construction work and location within the cultural relic;

c) For photographs of scenic spots: must clearly show the beauty of the natural landscape, traces reflecting topographical features, geomorphological elements, other geographical factors, and representative animals and plants reflecting biodiversity and the unique ecosystem of the scenic spot;

d) For photographs of festivals and cultural and religious activities associated with the cultural relic: must clearly show the main events of the festival and cultural and religious activities associated with the cultural relic;

e) For photographs of artifacts belonging to the cultural relic: must clearly show distinctive characteristics regarding shape, form, and patterns of each artifact belonging to the cultural relic; each artifact must have at least one photograph, with a scale ruler placed in the image;

3. Photographs depicting cultural relics and artifacts shall be printed on photographic paper, with dimensions of 9cm x 12cm or larger, pasted onto cardboard, and bound into a volume with A4 paper size; they must be numbered sequentially, fully annotated with content, photographer, and time of photography, stamped with a seal and confirmed by the head of the unit preparing the scientific dossier of the cultural relic for the set of photographs;

Reference photographs collected for inclusion in the set of photographs must clearly indicate their source.

Article 10. Inventory of objects at cultural relics

1. The inventory of objects at cultural relics must fully and accurately record information including the name, code number, origin, age, type of object, material, and size of the object according to Model No. 2 issued together with this Circular.

2. The inventory of objects at cultural relics shall be bound into a softcover book, stamped with a seal and confirmed by the head of the unit preparing the scientific dossier of the cultural relic.

Article 11. Impressions and translations of stele inscriptions, couplets, large characters, and Han-Nom or other language documents found at cultural relics

1. The impression, copying, and translation of stele inscriptions, couplets, large characters, and Han-Nom or other language documents found at cultural relics (hereinafter referred to collectively as the impression and translation of writings) shall be carried out as follows:

a) All writings engraved on construction works or objects at cultural relics must be impressed onto high-quality mulberry paper; the impressions must be pasted together in accordance with the original format;

In cases where it is not possible to make an impression due to the writings being too large in size or located in positions that cannot be impressed or written on special materials (for example: paper, fabric, leaves), then copying shall be conducted as stipulated in point b of this clause;

b) Full and accurate copies or photographs of all documents to be copied must be made;

In cases where the writings are expressed in special forms (for example: seal script, cursive script), they must be described clearly;

2. All impressions and copies of writings must be transliterated and translated into Vietnamese with full annotations to clarify the content of the document;

3. The compilation of the dossier for the impression and translation of writings shall be carried out as follows:

a) The impressions shall be folded to fit A4 paper size and stored in moisture-proof envelopes;

b) Copies, transliterations, and translations must be bound into an A4-sized book, with confirmation from the person who made the copy, transliteration, or translation for each document, stamped with a seal and confirmed by the head of the unit preparing the scientific dossier of the cultural relic (Heritage Management Board or Provincial Museum);

Article 12. Minutes and Maps of Zoning Areas for Cultural Relic Protection

1. The minutes of zoning areas for cultural relic protection must fully and accurately record information and have sufficient confirmations from the following agencies: People's Committee of the commune, Culture and Information Office of the district, Natural Resources and Environment Office of the district, People's Committee of the district, unit preparing the scientific dossier of the cultural relic (Heritage Management Board or Provincial Museum), Department of Culture, Sports and Tourism, Department of Natural Resources and Environment, People's Committee of the province (for national-level and special national-level heritage dossiers) according to Model No. 3 issued together with this Circular.

In cases where it is determined that the cultural relic does not have a Zone II protection area, the Director of the Department of Culture, Sports and Tourism must provide an explanatory document attached to the Minutes of Zoning the Zone I Protection Area of the cultural relic.

2. The preparation of the Map of Zoning Areas for Cultural Relic Protection shall be carried out as follows:

a) Extract the land registry map of the locality where the cultural relic is located to illustrate the zoning for cultural relic protection;

For areas within the protection zone but not in a single plot, necessary coordinates must be determined to clearly show the area;

For cultural relics where the protection zone lies in an area without a land registry map and those located in extensive and complex terrain, necessary coordinates must be determined to clearly show the protection zones;

b) The boundary line surrounding the entire Zone I protection area of the cultural relic must be shown in red, while the boundary line surrounding the entire Zone II protection area of the cultural relic must be shown in blue on the map of zoning areas for cultural relic protection;

c) The map of zoning areas for cultural relic protection must have full confirmations from the agencies as specified in the Minutes of Zoning Areas for Cultural Relic Protection.

Article 13. Petition for the classification of cultural relics

1. The Director of the Department of Culture, Sports and Tourism shall prepare a petition requesting the Chairman of the People's Committee at the provincial level to classify provincial-level cultural relics; the Chairman of the People's Committee at the provincial level shall prepare a petition requesting the Minister of Culture, Sports and Tourism to classify national-level cultural relics; the Minister of Culture, Sports and Tourism shall prepare a petition requesting the Prime Minister to classify special national-level cultural relics.

2. The content of the petition must clearly state the process of preparing the dossier and include all accurate information as prescribed (Model No. 4 issued together with this Circular).

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from September 1, 2011.

Article 15. Implementation Organization

Heads of relevant agencies and units are responsible for organizing implementation and disseminating and guiding strict compliance with the provisions of this Circular. During implementation, if amendments or supplements are necessary, the Director of the Heritage Department shall submit them to the Minister of Culture, Sports and Tourism for consideration and decision./.