Circular No. 13/2010/TT-BVHTTDL stipulates the procedures and formalities for proposing the recognition of national treasures.

CIRCULAR

Regulations on the procedures for requesting recognition as national treasures

 _____________________________

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 procedures for requesting recognition as national treasures as follows:

Article 1. Subject and Scope of Application

1. This Circular specifies the procedures for requesting

2. This Circular applies to organizations and individuals participating in the procedures for requesting recognition as national treasures.

Article 2. Preparation of Objects' Files for Requesting Recognition as National Treasures

1. Objects that are relics or antiques shall be prepared for filing requests

2. Objects currently subject to disputes over ownership may only be prepared for filing requests for recognition as national treasures after the ownership or lawful management rights have been clearly determined.

3. The objects' file for requesting recognition as national treasures (hereinafter referred to as the Objects' File) includes:

a) A description of the object being requested for recognition as a national treasure, which must clearly present the characteristics of the object according to the criteria specified in Clause 21, Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law (Model No. 1 issued together with this Circular);

b) Photographs: one overall photograph and one detailed photograph (in color, at least 9cm x 12cm in size), fully annotated to ensure the basic features of the object are clearly shown. Digital storage media photographs are encouraged to be submitted along with the physical copies;

c) Audio and video recordings (if available) must clearly show the unique features of the object (recorded on tape or disc);

d) Copies, impressions (if available), translations for objects that are books or ancient documents, or objects with decorative patterns or inscriptions;

đ) Other related documents (if available) including articles about the object; confirmation from witnesses regarding historical value objects; registration certificates for relics and antiques according to the provisions of Clause 1 of this Article.

5. The Objects' File shall be prepared in four sets: one set retained by the organization or individual preparing the file; three sets sent to competent authorities for requesting recognition as national treasures as stipulated in Article 3 of this Circular.

6. Organizations or individuals who are owners or entrusted managers of the objects are responsible for preparing the Objects' File for requesting recognition as national treasures. The Objects' File must ensure accuracy, honesty, and meet professional requirements during the process of requesting recognition as national treasures.

7. The Director of the Department of Culture, Sports and Tourism is responsible for guiding organizations and individuals in preparing the Objects' File when requested by such organizations or individuals.

Article 3. Submission of Objects' Files for Requesting Recognition as National Treasures

1. For national museums:

The National Museum submits a request letter (Model No. 2a issued together with this Circular) and the Objects' File to the Minister of Culture, Sports and Tourism, accompanied by a written assessment opinion from the museum's Scientific Council (or other relevant councils of the museum concerning the object).

2. For specialized museums:

a) Specialized museums under central ministries, sectors, political organizations, or political-social organizations submit a request letter (Model No. 2a issued together with this Circular) and the Objects' File to the head of the central ministry, sector, political organization, or political-social organization managing the museum, accompanied by a written assessment opinion from the museum's Scientific Council (or other relevant councils of the museum concerning the object);

b) Specialized museums under units directly subordinate to central ministries, sectors, political organizations, or political-social organizations submit a request letter (Model No. 2a issued according to this Circular) and the Objects' File to the head of the direct managing agency or organization of the museum, accompanied by a written assessment opinion from the museum's Scientific Council (or other relevant councils of the museum concerning the object);

Within ten days from the date of receipt of the Objects' File and related documents, the head of the direct managing agency or organization of the museum is responsible for reviewing and deciding on the submission of the request letter, the Objects' File, and related documents to the head of the central ministry, sector, political organization, or political-social organization managing the agency or organization;

c) Within ten days from the date of receipt of the request letter, the Objects' File, and related documents, the Minister or head of the central ministry, sector, political organization, or political-social organization reviews and decides on the submission of the request letter, the Objects' File, and related documents to the Minister of Culture, Sports and Tourism;

3. For provincial-level museums, boards, or non-state-managed heritage management centers, organizations, or individuals who are owners or lawful managers of the objects:

a) Provincial-level museums, boards, or heritage management centers submit a request letter (Model No. 2a issued together with this Circular) and the Objects' File to the Director of the Provincial Department of Culture, Sports and Tourism;

b) Non-state-managed museums, organizations, or individuals who are owners or lawful managers of the objects (hereinafter referred to as the owner of the object) submit a request letter (Model No. 2b issued together with this Circular) and the Objects' File to the Director of the Provincial Department of Culture, Sports and Tourism;

c) Within thirty days from the date of receipt of the request letter and the Objects' File, the Director of the Provincial Department of Culture, Sports and Tourism is responsible for organizing the assessment of the object and the Objects' File;

d) Within ten days from the date of the assessment results, the Director of the Provincial Department of Culture, Sports and Tourism decides on the submission of the request letter, the Objects' File, and related documents to the Chairman of the People's Committee of the province or centrally-administered city (hereinafter referred to as the Chairman of the People's Committee of the province);

đ) Within ten days from the date of receipt of the request letter, the Objects' File, and related documents, the Chairman of the People's Committee of the province reviews and decides on the submission of the request letter, the Objects' File, and related documents to the Minister of Culture, Sports and Tourism.

Article 4. Examination of Objects and Object Files by the Department of Culture, Sports and Tourism

1. The Director of the Department of Culture, Sports and Tourism shall establish the Council for Examination of Objects and Object Files to Recognize National Treasures (hereinafter referred to as the Council for Examination of Objects) and allocate funds for the operation of the Council for Examination of Objects within the annual state budget estimate of the Department of Culture, Sports and Tourism.

2. Composition of the Council for Examination of Objects:

a) The Council for Examination of Objects consists of from seven to eleven members, including: Chairperson, Vice-Chairperson, Secretary of the Council, and experts and scientists with expertise and reputation in the appraisal of antiquities, antiques, and national treasures.

b) The permanent body of the Council for Examination of Objects is responsible for receiving applications to recognize national treasures from organizations and individuals, and organizing meetings of the Council for Examination of Objects to examine objects and object files. The permanent body is located at the provincial museum or the management board of cultural relics at the provincial level or the cultural heritage department under the Department of Culture, Sports and Tourism.

3. Functions of the Council for Examination of Objects:

The Council for Examination of Objects serves as an advisory body assisting the Director of the Department of Culture, Sports and Tourism in selecting objects to propose recognition as national treasures.

4. Working Methods of the Council for Examination of Objects:

a) The Council for Examination of Objects operates on the principle of democracy; through discussion, contribution of opinions, and voting by secret ballot or open vote to determine the value of objects and object files submitted for examination.

b) At least two-thirds of the members of the Council must be present at each meeting; written opinions of absent members only have reference value.

c) The Council examines and analyzes each object and object file according to the provisions of Article 2 of this Circular.

d) Members of the Council evaluate each object and object file according to the prescribed form (Form No. 3 issued together with this Circular). A valid form is marked in one of the two columns "include in the list" or "do not include in the list" as indicated on the form.

đ) The Council elects a Counting Committee consisting of three members, including one Head. The counting results are compiled according to the model (Model No. 4 issued together with this Circular).

e) Objects agreed by the Council to be proposed for recognition as national treasures must be approved by at least two-thirds of the members present at the Council, and this number of members must ensure that it is not less than half of the total number of Council members. In case the number of votes for agreement and disagreement is equal, the opinion of the Council Chairperson is the final decision.

g) Members of the Council exchange, discuss, and agree on supplementary or amended materials of the object file already agreed to be proposed for recognition as national treasures.

h) The minutes of the Council's meeting are recorded along with the List of Object Files Proposed for Recognition as National Treasures (Form No. 5 issued together with this Circular).

Article 5. Examination of Objects and Object Files by the Ministry of Culture, Sports and Tourism

1. Within thirty days from the date of receipt of the application document, object file, and related documents, the Minister of Culture, Sports and Tourism shall assign the Council for Appraisal of Antiquities, Antiques, and National Treasures of the Ministry of Culture, Sports and Tourism (hereinafter referred to as the Council for Appraisal of Antiques) to examine objects and object files.

2. The Council for Appraisal of Antiques is established by the Minister of Culture, Sports and Tourism upon the proposal of the Director of the Heritage Management Department. The composition of the Council for Appraisal of Antiques includes experts and scientists with expertise and reputation in the appraisal of antiquities, antiques, and national treasures. The working methods of the Council for Appraisal of Antiques are implemented according to the regulations on the working methods of the Council for Examination of Objects stipulated in Clause 4, Article 4 of this Circular. The operating costs of the Council for Appraisal of Antiques are allocated within the annual state budget estimate of the Heritage Management Department.

3. The Heritage Management Department is the permanent body of the Council for Appraisal of Antiques responsible for:

a) Advising and assisting the Council Chairperson in drafting the operational regulations of the Council for Appraisal of Antiques to be submitted to the Minister of Culture, Sports and Tourism for approval.

b) Receiving files; organizing meetings of the Council for Appraisal of Antiques to examine objects and object files.

Article 6. Examination of Objects and Object Files by the National Cultural Heritage Council

1. Within ten days from the date of receiving the examination results of the Antique Appraisal Council, the Director of the Heritage Department shall report to the Minister of Culture, Sports and Tourism for consideration and decision on sending a document requesting the National Cultural Heritage Council to examine objects and object files.

2. The file requesting the National Cultural Heritage Council to examine includes:

a) The examination request document of the Minister of Culture, Sports and Tourism;

b) The object file;

c) The examination document of the museum's scientific council (or other councils of the museum related to the object) and the examination document of the object appraisal council;

d) The recommendation document of the Minister, head of the sector, political organization, or political-social organization at the central level, or of the Chairman of the People's Committee of the province;

đ) The examination document of the Antique Appraisal Council.

Article 7. Submission to the Prime Minister of the File Requesting Recognition as a National Treasure

1. Within ten days from the date of receiving the examination opinion of the National Cultural Heritage Council, the Minister of Culture, Sports and Tourism shall submit

2. The file submitted to the Prime Minister includes:

a) The proposal document requesting recognition as a national treasure of the Minister of Culture, Sports and Tourism;

b) The object file;

c) The examination document of the museum's scientific council (or other councils of the museum related to the object) and the examination document of the object appraisal council;

d) The recommendation document of the Minister, head of the sector, political organization, or political-social organization at the central level, or of the Chairman of the People's Committee of the province;

đ) The examination document of the Antique Appraisal Council;

e) The examination document of the National Cultural Heritage Council.

Article 8. Implementation clause

1. This Circular takes effect from March 1, 2011.

2. The Heritage Department is responsible for monitoring, supervising, and inspecting the implementation of this Circular.

3. In case issues arise during the implementation process, organizations and individuals should promptly reflect them to the Ministry of Culture, Sports and Tourism (through the Heritage Department) for review, supplementation, and amendment./.