Circular No. 15/2019/TT-BVHTTDL provides detailed regulations on the preservation, restoration, and repair of cultural relics.

CIRCULAR

PROVISIONS ON THE DETAILING OF CERTAIN PROVISIONS RELATING TO THE PRESERVATION, REPAIR, AND RESTORATION OF HERITAGE SITES

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Pursuant to Article 34 of the Cultural Heritage Law dated June 29, 2001, amended and supplemented in Clause 15 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Article 22 of Decree No. 166/2018/ND-CP dated December 25, 2018 of the Government on the authority, procedures, and formalities for establishing, reviewing, approving planning schemes and projects for the preservation, repair, and restoration of historical and cultural heritage sites, scenic spots, and natural landmarks;

At the proposal of the Director of the Department of Cultural Heritage;

The Minister of Culture, Sports and Tourism issues this Circular detailing certain provisions relating to the preservation, repair, and restoration of heritage sites.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the contents and the authority to review the construction design drawings for the preservation, repair, and restoration of heritage sites (hereinafter referred to as construction design drawings for repairing heritage sites), construction design drawings for preserving artifacts and religious objects (hereinafter referred to as construction design drawings for preserving artifacts); construction work for the preservation, repair, and restoration of heritage sites (hereinafter referred to as construction work for repairing heritage sites); emergency repairs and periodic preservation of heritage sites; emergency repairs and periodic preservation of construction works, locations, natural landscapes, and natural areas included in the inventory of heritage sites of the province by the People's Committee of the province (hereinafter referred to as objects in the inventory of heritage sites).

2. This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals when conducting the establishment, review of construction design drawings for repairing heritage sites; construction work for repairing heritage sites; emergency repairs and periodic preservation of heritage sites or objects in the inventory of heritage sites within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Dismantling of cultural relics is an activity involving the complete or partial disassembly of structural components or architectural elements of a heritage site with the aim of preserving and repairing while maintaining the maximum integrity of these structural components or architectural elements of the heritage site.

2. Reinforcing and strengthening heritage sites is a measure aimed at increasing the durability and stability of heritage sites or parts thereof.

3. Replacing damaged or missing components of heritage sites is an activity that creates new products according to prototypes regarding materials, form, and techniques to replace damaged or missing components of heritage sites.

4. Enhancing heritage sites is an activity aimed at enhancing the usability, exploitation, and promotion of the value of heritage sites without affecting the original factors constituting the heritage sites, natural landscapes, and ecological environments of the heritage sites.

5. Emergency repairs of heritage sites and objects in the inventory of heritage sites is an activity of repair without the need to completely disassemble structural components or architectural elements or temporarily support and reinforce to prevent heritage sites and objects in the inventory of heritage sites from collapsing or being destroyed.

6. Periodic preservation of heritage sites and objects in the inventory of heritage sites involves using professional, scientific, and technical measures periodically to prevent and eliminate factors causing deterioration of heritage sites and objects in the inventory of heritage sites.

Article 3. Principles in the activity of preparing construction design drawings for repairing heritage sites

1. Compliance with laws on cultural heritage, construction, and other relevant laws.

2. Based on research and determination of characteristics, values, technical conditions, and results of surveys related to heritage sites, and must comply with the basic design of the heritage site repair project already approved.

3. Prioritize traditional technical solutions (if traditional technical solutions do not meet the requirements for repairing heritage sites, modern technical and technological solutions that have been tested in practice and do not affect the original factors and values of the heritage sites may be applied). Priority should be given to preserving and reinforcing heritage sites before applying repair and restoration plans for heritage sites.

4. Adjusted and supplemented when there are new discoveries or developments concerning heritage sites.

5. Regularly consult the opinions of historical witnesses, experts, artisans, and local communities where heritage sites are located.

Article 4. Principles in construction activities for repairing cultural relics

1. Comply with the approved construction design drawings for repairing heritage sites, regulations on quality management, progress, volume of construction work, labor safety, and other relevant laws.

2. Prioritize traditional construction methods, focusing on preserving the original factors constituting heritage sites, protecting structural components and architectural elements throughout the process of repairing heritage sites.

3. Conducted under the supervision of the local community where the cultural relic is located; regularly consulting the opinions of historical witnesses, experts, artisans, and the local community where the cultural relic is located.

4. In cases where the construction design drawings for repairing heritage sites are adjusted, the investor of the heritage site repair project must consider adjusting the construction period for repairing heritage sites to ensure the quality of the project.

5. Recording all activities carried out at the site in the Construction Diary and Completion File.

6. Ensure the safety of heritage sites and visitors.

Chapter II

CONTENTS AND AUTHORITY FOR REVIEWING CONSTRUCTION DESIGN DRAWINGS FOR REPAIRING HERITAGE SITES

Article 5. Design and construction drawings for the repair of cultural relics

The design and construction drawings for the repair of cultural relics shall be compiled into a dossier, including:

1. Report on the results of the survey of cultural relics.

2. Description of the design and construction drawings for the repair of cultural relics.

3. Photos of cultural relics.

4. Construction drawings for the repair of cultural relics.

5. Budget estimate for the repair of cultural relics.

6. Supplementary related documents.

Article 6. Report on the results of the survey of cultural relics

The report on the results of the survey of cultural relics must meet the requirements of the construction survey report as stipulated by laws on construction and clearly state the following contents:

1. Compilation of materials to serve the preparation of the report on the results of the survey of cultural relics.

2. Results of the overall survey of cultural relics:

a) Location, regional relationship, topography, space, scenic environment of the cultural relic;

b) Map delineating areas for protection of cultural relics; analysis of current land use status and determination of impacts affecting the space and scenic environment of the cultural relic;

c) Overall layout plan of the cultural relic; list and analysis of the history of construction and repair of each component of the cultural relic project; analysis of the results of archaeological exploration and excavation (if any); system of exterior artifacts, scenery, and technical infrastructure of the cultural relic;

d) Cultural activities related to the cultural relic.

3. Results of the survey of components of the cultural relic to be repaired:

a) Description of floor plan, architectural form, structure, building materials of the project;

b) Analysis and determination of original factors constituting the cultural relic and newly added components;

c) Analysis and determination of technical condition and causes of damage and deterioration of the project;

d) Analysis and determination of negative impacts from the environment and other harmful factors affecting the project;

đ) Current interior arrangement, quantity of artifacts, offerings, preservation status and causes of deterioration of artifacts and offerings.

4. Current status of protection and enhancement of the value of the cultural relic.

5. Orientation for documents and materials that need to continue to be researched and collected during the repair construction process to serve the adjustment of the design and construction drawings for the repair of cultural relics (if necessary).

Article 7. Description of the design and construction drawings for the repair of cultural relics

The description of the design and construction drawings for the repair of cultural relics must meet the requirements for the description of construction drawings for buildings as stipulated by laws on construction and clearly state the following contents:

1. Legal basis and scientific foundation.

2. Analysis of changes in the cultural relic over different periods to determine the original factors constituting the cultural relic that need to be preserved.

3. Description of the overall current status of the cultural relic, the cultural relic project to be repaired; evaluation of the technical condition, building materials, decorative art, usability of each component of the cultural relic project to be repaired; analysis of the results of archaeological exploration and excavation (if any).

4. Analysis and identification of risks and causes of damage and deterioration of the cultural relic.

5. Proposals for repair design solutions, including:

a) Demolition solution for the cultural relic (if necessary);

b) Protection solution for movable and immovable artifacts;

c) Repair solution for the cultural relic project (specifying technical and material repair solutions for each type of component; fire prevention, explosion prevention, pest control, and other extraordinary disaster prevention solutions);

d) Construction solution for protective shelters serving the repair work, storage houses for components and architectural elements that need to be demolished;

đ) Restoration and enhancement solution for the scenic environment, construction of new facilities to serve the protection and enhancement of the value of the cultural relic, technical infrastructure systems, fire prevention, explosion prevention, pest control, and other extraordinary disaster prevention solutions;

e) Organization of construction solutions.

Article 8. Photographs of Cultural Relics

Photographs of cultural relics include:

1. Reference photographs related to the history of formation, existence process, changes, and previous restoration works of the cultural relic (if any).

2. A set of current state photographs of the cultural relic at the time of survey, in color, with dimensions of 10 x 15 cm or larger, capturing the overall landscape and architectural-artistic details, artifacts, and offerings of the restored cultural relic structure, consistent with the Survey Report on Cultural Relics as stipulated in Article 6 of this Circular.

Article 9. Construction Drawings for Restoration of Cultural Relics

Construction drawings for restoration of cultural relics include:

1. Reference drawings related to the history of formation, existence process, changes, and previous restoration works of the cultural relic (if any).

2. Current state drawings of the cultural relic, including:

a) Location drawing of the cultural relic on the provincial administrative map, showing the route from the provincial administrative center to the cultural relic;

b) Overall plan view and cross-section of the cultural relic, scale 1/500, indicating the orientation of the cultural relic, adjacent areas, historical formation of existing architectural structures, traces of foundations or parts of lost architectural structures, system of artifacts, exterior offerings, landscape, and infrastructure technology;

c) Plan view, elevation, and cross-section of the restored cultural relic structure, scale 1/50, annotated with age, material, color, and technical condition of each type of structural component and architectural element;

d) Detailed drawings of typical structural components and architectural elements of the restored cultural relic structure, scale 1/50 - 1/20;

đ) Layout drawing of interior artifacts and offerings of the restored cultural relic structure, scale 1/100.

3. Restoration solution drawings, including:

a) Overall plan view and cross-section of the cultural relic, scale 1/500, annotated with items of the restored cultural relic structure, reconstructed and newly constructed buildings serving the protection and enhancement of the cultural relic's value;

b) Plan view, elevation, and cross-section of the restored cultural relic structure, scale 1/50, detailing technical solutions and materials for restoration of each type of structural component and architectural element;

c) Detailed technical restoration solution drawings for each type of structural component and architectural element, scale 1/50 - 1/20, specifying the location and marking method for the age of new construction materials added to the cultural relic to distinguish them from original constituent elements;

d) Drawings of reconstructed and newly constructed buildings serving the protection, enhancement of the cultural relic's value, and infrastructure systems, fire prevention, explosion prevention, pest control, and other extraordinary disasters;

đ) Shelter house drawings for construction restoration work, storage house for dismantled structural components and architectural elements;

e) Construction organization drawings for restoration of the cultural relic, including contents such as locations of storage warehouses for structural components and architectural elements, restoration construction areas, locations of firefighting equipment, areas for stacking non-functional structural components and architectural elements, locations for stacking new construction materials, installation content, specifications, and locations of site rules, activity organization plans during construction;

g) Special construction technique process drawings (if any).

Article 10. Budget for repair costs of cultural relics

The budget for repair costs of cultural relics shall be established in accordance with the regulations on investment construction cost management under the Construction Law; guidelines for determining costs and standard budgets for preservation, repair, and restoration of cultural relics issued by the Ministry of Culture, Sports and Tourism; relevant laws and guiding documents.

Article 11. Related documents appendix

The related documents appendix for the construction drawing design for repairing cultural relics includes:

1. Design drawings for repairing cultural relics that have been reviewed and approved by competent authorities.

2. Copies of review and verification documents for the project, and decisions approving the project.

3. Minutes recording the opinions contributed by the community, organizations, and individuals concerned regarding the content and design solutions.

Article 12. Construction drawing design for preserving artifacts

In cases where only the preservation of artifacts is carried out, the construction drawing design documentation for preserving artifacts shall include the following contents:

1. Description of the preservation design, including:

a) Legal basis and scientific foundation;

b) Description of origin, current condition, and assessment of age, material, color, and technical condition of the preserved artifact;

c) Analysis of causes leading to damage and deterioration of the artifact;

d) Proposed preservation solutions (specifying technical solutions, materials, colors, and preventive risk measures).

2. Reference photographs (if available) and photographs taken during the survey period, printed in color, size 10 x 15 cm or larger, showing the technical condition of the preserved artifact.

3. Construction drawings for preserving artifacts, including:

a) Location drawing of the preserved artifact, scale 1/200 - 1/100;

b) Reference drawings related to previous preservation work on the artifact (if available);

c) Detailed condition drawing of the preserved artifact, scale 1/50 - 1/10 annotated with age, material, color, and technical condition;

d) Detailed preservation solution drawing, scale 1/50 - 1/10 specifying technical solutions, materials, colors, and preventive risk measures;

đ) Technical process drawing describing the construction work for preserving the artifact (if available).

4. Budget for preserving artifacts.

Article 13. Review of construction drawing design for repairing cultural relics

1. The review of construction drawing design for repairing cultural relics shall be conducted according to the provisions of the Construction Law after receiving written comments from the state management agency on cultural heritage regarding the contents stipulated in Articles 6, 7, 8, 9, 10, and 11 of this Circular, specifically as follows:

a) The Department of Culture, Sports and Tourism, the Department of Culture and Sports shall provide comments on the construction drawing design for repairing provincial-level cultural relics; request the Cultural Heritage Management Agency to provide comments on the construction drawing design for national and special national-level cultural relics within 15 (fifteen) days from the date of receipt of the request;

b) The Cultural Heritage Management Agency shall provide comments on the construction drawing design for national and special national-level cultural relics within 15 (fifteen) days from the date of receipt of the request.

2. The review of construction drawing design for preserving artifacts shall be conducted in accordance with the provisions for reviewing construction drawing design for repairing cultural relics.

Article 14. Adjustment and Supplement to the Construction Drawings for the Repair of Cultural Relics

1. The construction drawings for the repair of cultural relics shall be adjusted and supplemented when new developments or discoveries about the cultural relics occur during the repair process. The adjustment and supplementation of the construction drawings for the repair of cultural relics must be consistent with the objectives and tasks of the approved repair project.

2. The dossier for adjusting and supplementing the construction drawings for the repair of cultural relics includes:

a) Explanation of the content of the adjustment and supplementation;

b) Color prints, size 10 x 15 cm or larger;

c) A copy of the approved repair solution drawings related to the content of the adjustment and supplementation;

d) As-built drawings and drawings of the adjustment and supplementation solutions for the construction drawings for the repair of cultural relics;

đ) Minutes of the Cultural Relic Evaluation Council as stipulated at point a, Clause 1, Article 16 of this Circular;

e) Revised budget for the adjustment and supplementation.

The documents specified in points a, b, and d of this clause must clearly reflect the new developments and discoveries about the cultural relics.

3. The review of the adjustment and supplementation of the construction drawings for the repair of cultural relics shall be carried out within seven days according to the provisions of Clause 1, Article 13 of this Circular.

4. The adjustment, supplementation, and review of the adjustment and supplementation of the construction drawings for the preservation of objects shall be implemented as prescribed in Clauses 1, 2, and 3 of this Article.

Chapter III

CONSTRUCTION FOR REPAIRING CULTURAL RELICS

Article 15. Preparation for the Construction of the Repair of Cultural Relics

The project investor for the repair of cultural relics shall take the lead and coordinate with the organization responsible for the repair construction to perform the following tasks:

1. Reach agreement with the People's Committee of the district, the Department of Culture, Sports and Tourism, and the People's Committee of the commune where the cultural relic is located on the plan to protect the cultural relic and the implementation plan of the repair project, and the construction drawings for the repair of cultural relics.

2. Organize propaganda among local residents where the cultural relic is located and the skilled craftsmen and workers participating in the repair construction regarding the value, objectives, tasks, scope, and content of the repair project and the construction drawings for the repair of cultural relics.

3. Accept the handover of the site for implementing the repair project and the construction drawings for the repair of cultural relics.

4. Organize the construction site for the repair of cultural relics to meet security and safety requirements; build cover houses and object preservation houses (in cases where all components of the architectural structure of the cultural relic need to be dismantled); implement the object protection plan.

5. Determine the principles, procedures, and technical solutions for the preventive repair of components and architectural elements in cases where the cultural relic needs to be dismantled.

6. Prepare materials, labor, equipment, and other related works serving the construction.

Article 16. Implementation of the Construction for the Repair of Cultural Relics

1. The project investor for repairing cultural relics shall perform the following tasks:

a) Establish the Cultural Relic Evaluation Council and issue the Working Regulations of the Council.

The Council consists of the project investor for the repair of cultural relics, representatives of organizations that prepare the repair project, design the construction drawings for the repair of cultural relics, carry out the repair construction, supervise the repair construction, representatives of the Community Investment Supervision Board, representatives of the Department of Culture, Sports and Tourism, the Department of Culture and Sports, representatives of organizations and individuals directly managing the cultural relic, and experts from relevant fields.

The Cultural Relic Evaluation Council has the responsibility to inspect the work results as stipulated in Clause 2 of this Article. The results of the Council's work are recorded in minutes.

b) Adjust and supplement the construction drawings for the repair of cultural relics (if necessary) as prescribed in Article 14 of this Circular.

c) Coordinate with the Department of Culture, Sports and Tourism, the Department of Culture and Sports to classify and select components and architectural elements with value but severely deteriorated and not suitable for reuse for preservation and display at the cultural relic or at the provincial museum.

d) Coordinate with the repair construction organization and related organizations and individuals to organize acceptance, handover, and put the cultural relic into use, and perform other works in accordance with the laws on construction.

2. The organization responsible for the repair construction shall perform the following tasks:

a) In cases of on-site repair or partial disassembly of components and architectural elements:

- Cover the area of components and architectural elements to be repaired to ensure safety;

- Create a system of symbols on the drawings and mark them on the corresponding components and architectural elements of the cultural relic. Symbols marked on the components and architectural elements must not affect their characteristics and values, must be protected throughout the repair construction process, and must be easily removed after completion of the repair construction. Take photos and record videos after marking the symbols on the components and architectural elements;

- Coordinate with the project investor, design consulting organizations, and the Community Investment Supervision Board to confirm the technical condition of the components and architectural elements;

- Carry out the repair construction according to the content of the approved construction drawings for the repair of cultural relics.

b) In cases requiring complete disassembly of all components and architectural elements:

- Construct cover houses for repair construction and component and architectural element preservation houses;

- Create a system of symbols on the drawings and mark them on the corresponding components and architectural elements of the cultural relic. Symbols marked on the components and architectural elements must not affect their characteristics and values, must be protected throughout the repair construction process, and must be easily removed after completion of the repair construction. Take photos and record videos after marking the symbols on the components and architectural elements;

- Dismantle the cultural relic according to the provisions of Article 17 of this Circular;

- Coordinate with the Cultural Relic Evaluation Council to study and evaluate the technical condition of the components and architectural elements, and classify and select components and architectural elements with value but severely deteriorated and not suitable for reuse for preservation and display at the cultural relic or at the provincial museum;

- Carry out the repair construction according to the content of the approved repair construction drawings dossier, the minutes of the Cultural Relic Evaluation Council, or the approved repair adjustment and supplementation dossier.

3. The construction for the preservation of objects shall be carried out as prescribed in point a (if necessary), point b, and point d of Clause 1 and point a of Clause 2 of this Article.

Article 17. Demolition of Relics

1. The demolition of cultural relics may only be carried out when interior objects have been relocated or covered on-site to ensure security and safety.

2. Prior to demolition, structural components and architectural elements must be photographed, recorded, and marked according to the system of symbols established on the drawings; there must be a demolition plan and a location for assembly within the storage house.

3. During demolition, structural components and architectural elements must be protected safely, temporarily reinforced at positions with risk of destruction, and suitable transportation methods determined.

4. After demolition, structural components and architectural elements must be preliminarily cleaned and sorted, arranged within the storage house.

5. The demolition process must be documented (written records, photographs, recordings), forming part of the Construction Log as stipulated in Clause 2 of Article 18 of this Circular.

Article 18. Construction Log and Completion Documents

1. The preparation of the Construction Log and Completion Documents shall be carried out in accordance with the provisions of the Law on Construction and the provisions of Clauses 2 and 3 of this Article.

2. The Construction Log includes:

a) Written documents recording the entire construction repair process of relics and new discoveries about relics during the repair process.

b) Photographic and video documentation of cultural relics throughout the repair process. Color prints, size 10 x 15 cm or larger;

c) Drawings documenting new discoveries about cultural relics and the locations and details of preserved, repaired, or restored structural components and architectural elements.

3. Completion Documentation includes:

a) Photographs of cultural relics after the completion of the repair work;

b) Drawings after the completion of the repair work.

4. The Construction Log and Completion Documents must be submitted to the Department of Culture, Sports and Tourism, the Department of Culture and Sports, the competent authority as prescribed by the Law on Construction, and the Heritage Management Agency (for special national relics and national relics) within sixty days from the date of handover and putting the project into use.

Chapter IV

EMERGENCY REPAIRS AND REGULAR MAINTENANCE OF RELICS OR REGISTERED OBJECTS

Article 19. Emergency Repair and Regular Maintenance Documentation for Relics or Registered Objects

The emergency repair and regular maintenance documentation for relics or registered objects includes:

1. A description of the reasons for emergency repairs and regular maintenance, clearly stating the technical condition and risks causing deterioration, collapse, or destruction of relics or registered objects; proposing an emergency repair and regular maintenance plan.

2. Color prints, size 10 x 15 cm or larger, describing the current state of deterioration of relics or registered objects at the time of documentation.

3. Drawings of the emergency repair and regular maintenance plan.

4. An estimate of costs for emergency repairs and regular maintenance.

Article 20. Implementation of Emergency Repairs and Regular Maintenance of Relics or Registered Objects

1. The review and approval of the emergency repair and regular maintenance documentation for relics or registered objects shall be conducted in accordance with the Law on Construction after receiving written comments from the Department of Culture, Sports and Tourism, the Department of Culture and Sports.

2. The Department of Culture, Sports and Tourism, the Department of Culture and Sports shall provide comments on the emergency repair and regular maintenance documentation for relics or registered objects within seven days from the date of receipt of the request.

3. The implementation of emergency repairs and regular maintenance of relics or registered objects shall involve organizations or individuals who have the necessary qualifications to carry out relic repair work, with supervision by the Department of Culture, Sports and Tourism, the Department of Culture and Sports, representatives of the organization entrusted with managing and using relics or registered objects, and representatives of the Community Investment Supervision Board.

4. Within seven days from the completion of emergency repairs and regular maintenance, the Director of the Department of Culture, Sports and Tourism, the Director of the Department of Culture and Sports shall report to the Provincial People's Committee on the content and results of the emergency repairs and regular maintenance; for special national relics and national relics, a written report must be submitted to the Ministry of Culture, Sports and Tourism.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Organization of Implementation

1. The Heritage Management Agency shall be responsible for guiding and inspecting the implementation of this Circular.

2. Cultural, sports, and tourism inspection agencies shall conduct inspections and handle violations of the provisions of this Circular within their authority.

3. During the implementation process, if any difficulties arise, organizations and individuals are requested to promptly reflect them to the Ministry of Culture, Sports and Tourism for research, amendment, and supplementation.

Article 22. Effectiveness

1. This Circular takes effect from February 20, 2020.

2. This Circular replaces Circular No. 18/2012/TT-BVHTTDL dated December 28, 2012 of the Minister of Culture, Sports and Tourism detailing certain provisions on the preservation, repair, and restoration of relics.

3. Design drawings for construction projects approved before the effective date of this Circular need not be resubmitted for approval; subsequent works shall be carried out in accordance with the provisions of this Circular./.