Decree No. 166/2018/ND-CP stipulates the authority, procedures, and formalities for establishing, reviewing, and approving plans and projects for the preservation, restoration, and recovery of historical-cultural relics and scenic spots.

DECREE

REGULATIONS ON AUTHORITY, PROCEDURES AND REQUIREMENTS FOR THE PREPARATION, REVIEW, AND APPROVAL OF PLANS AND PROJECTS FOR THE PRESERVATION, REPAIR, AND RESTORATION OF HISTORICAL AND CULTURAL HERITAGE SITES AND SCENIC SPOTS

Pursuant to the Law on Government Organization dated June 19, 2015;

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;

Pursuant to the Urban Planning Law dated June 17, 2009;

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to the Planning Law dated November 24, 2017;

Considering the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree prescribing the authority, procedures, and requirements for the preparation, review, and approval of plans and projects for the preservation, repair, and restoration of historical and cultural heritage sites and scenic spots (hereinafter referred to as heritage sites).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Decree provides detailed regulations on the authority, procedures, and requirements for the preparation, review, and approval of plans and projects for the preservation, repair, and restoration of heritage sites.

2. Applicability: This Decree applies to organizations and individuals in Vietnam when conducting activities related to the preparation, review, and approval of plans and projects for the preservation, repair, and restoration of heritage sites; and foreign organizations and individuals involved in the preservation, repair, and restoration of heritage sites within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Preservation, repair, and restoration plan for heritage sites is the determination of the content and measures for preserving, repairing, and restoring the original elements of heritage sites, guiding the organization of spatial layout for new construction projects, technical infrastructure systems, and creating an appropriate landscape environment in the area of heritage sites (hereinafter referred to as heritage site planning).

2. Preservation, repair, and restoration project for heritage sites is a collection of proposals for measures to preserve, repair, and restore the original elements of heritage sites, natural landscapes, ecological environments, and other related factors aimed at protecting and promoting the value of heritage sites (hereinafter referred to as heritage site repair project).

3. Economic and technical report for preservation, repair, and restoration of heritage sites is a small-scale heritage site repair project prepared in accordance with the Construction Law and this Decree (hereinafter referred to as economic and technical report for heritage site repair).

4. Standards for preservation, repair, and restoration of heritage sites are mandatory provisions applicable in the activities of preserving, repairing, and restoring heritage sites issued by competent state management agencies regarding cultural heritage.

5. Criteria for preservation, repair, and restoration of heritage sites are technical norms, economic and technical quotas, implementation procedures, technical indicators, and natural indices established by authorized agencies or recognized for application in the activities of preserving, repairing, and restoring heritage sites. Criteria for preservation, repair, and restoration of heritage sites include mandatory criteria and recommended criteria.

6. Review of heritage site repair projects and economic and technical reports for heritage site repair is the opinion of the state management agency on cultural heritage regarding the content of preserving, repairing, and restoring heritage sites proposed by the project to serve as a basis for the investor to consider, adjust, supplement, and perfect the project and economic and technical report before deciding to approve or submit the project and economic and technical report for approval by the competent authority in accordance with current regulations.

Article 3. Basic principles in the activities of drafting, reviewing, and approving plans for cultural heritage sites and projects to repair cultural heritage sites.

1. Compliance with legal regulations on planning, investment, public investment, construction, cultural heritage, international treaties to which the Socialist Republic of Vietnam is a member, and other relevant legal provisions.

2. Consistency with the objectives of economic and social development strategies, national defense, security, and sectoral development plans within the approved planning area; ensuring technical infrastructure synchronization, harmonious landscape and architectural design in the region.

3. Ensuring the preservation of the maximum original elements of cultural heritage sites; creating favorable conditions for the protection and enhancement of the value of cultural heritage sites.

4. Plans for cultural heritage sites must be drafted, approved with a planning period of 10 years, and a vision from 20 to 30 years.

5. Organizations and individuals participating in drafting tasks for the conservation, repair, and restoration of cultural heritage sites (hereinafter referred to as the task of drafting plans for cultural heritage sites), drafting plans for cultural heritage sites, drafting repair projects for cultural heritage sites, and drafting economic and technical reports for repairing cultural heritage sites must have the necessary qualifications for practicing conservation, repair, and restoration of cultural heritage sites according to legal regulations on cultural heritage and construction.

6. Compliance with standards and criteria for the conservation, repair, and restoration of cultural heritage sites, and consistency with approved plans.

Article 4. Costs for drafting, reviewing, approving, announcing, adjusting, and evaluating plans for cultural heritage sites.

Costs for activities related to drafting, reviewing, approving, announcing, adjusting, and evaluating plans for cultural heritage sites shall be implemented in accordance with the provisions of Article 9 of the Law on Planning.

Chapter II

PLANNING FOR THE CONSERVATION, REPAIR, AND RESTORATION OF CULTURAL HERITAGE SITES

Article 5. Drafting plans for cultural heritage sites.

1. Plans for cultural heritage sites are drafted for a world cultural and natural heritage site, a special national cultural heritage site, or a cluster of national cultural heritage sites, provincial-level cultural heritage sites forming a complex distributed within the same geographic area, closely related historically, culturally, scientifically, and aesthetically.

2. In cases where a world cultural and natural heritage site or a special national cultural heritage site simultaneously has a protected area that is part or all of the area of a national tourist resort, a special-use forest, or a marine conservation area, only one plan for a cultural heritage site will be drafted, incorporating content on the protection of cultural heritage sites with the protection of forest resources, biodiversity, fishery resources, geological and geomorphological resources, rights and obligations of communities as stipulated by legal regulations on planning, cultural heritage, forestry, fisheries, and other relevant legal provisions.

Article 6. Procedures in the activities of planning for cultural heritage sites.

1. Conduct surveys, investigations, and preliminary assessments of socio-economic factors and the natural environment.

2. Collect topographic survey maps of the area, approved urban planning maps, and other specialized planning maps still in effect related to the area for drafting the plan for the cultural heritage site.

3. Survey and prepare documentation (drawings, descriptions) assessing the historical, cultural, scientific, and aesthetic values of the cultural heritage site and intangible cultural heritage within the scope of the plan; regarding the organization of protection and enhancement of the value of the cultural heritage site.

4. Solicit opinions from organizations and individuals concerned to improve the task of drafting the plan for the cultural heritage site.

5. Draft, review, and approve the task of drafting the plan for the cultural heritage site.

6. Organize archaeological excavations to collect materials related to the content of the plan for the cultural heritage site (if necessary).

7. Draft the plan for the cultural heritage site.

8. Solicit opinions from organizations and individuals concerned about the plan for the cultural heritage site.

9. Incorporate opinions from organizations and individuals.

10. Review, submit for approval, and approve the plan for the cultural heritage site.

11. Announce the approved plan for the cultural heritage site at the cultural heritage site.

12. Set boundary markers according to the approved plan for the cultural heritage site.

Article 7. Content of the Task of Compiling the Heritage Site Master Plan

1. Determine the requirements for researching and surveying heritage sites; studying and evaluating economic and social factors and natural environment related to the content of the master plan.

2. Identify the distinctive features and outstanding values of the heritage site.

3. Propose the scope of research for the master plan and the scope of the master plan.

4. Propose contents regarding the orientation for preserving, repairing, restoring, and enhancing the value of the heritage site; the orientation for organizing architectural space, landscape, and constructing new buildings.

5. Determine the implementation plan for the master plan.

Article 8. Documentation for the Task of Compiling the Heritage Site Master Plan

The documentation for the task of compiling the heritage site master plan includes:

1. A request for review or approval of the task of compiling the heritage site master plan according to Model No. 01 attached to this Decree.

2. A report explaining the task of compiling the heritage site master plan.

3. Maps:

a) Map of the location of the heritage site at a scale of 1:5,000;

b) Map of current land use, map of existing constructed works at a scale of 1:5,000;

c) Map identifying protected areas of the heritage site;

d) Map identifying the scope of research for the master plan and the scope of the master plan.

4. Opinions of organizations and individuals related to the heritage site; community opinions where the heritage site is located.

5. Draft decision on approving the task of compiling the heritage site master plan including the main contents prescribed in Article 7 of this Decree.

Article 9. Content of the Heritage Site Master Plan

1. Basis for compiling the heritage site master plan includes:

a) Legal documents related to the master plan;

b) Contents relevant to the development strategy for economy and society, national defense, and security of the locality with the heritage site that have been approved;

c) Approved task of compiling the heritage site master plan;

d) Standards and regulations on preservation, repair, and restoration of heritage sites;

e) Opinions of organizations and individuals related to the heritage site; community opinions where the heritage site is located.

2. Analysis and evaluation of the current status of the heritage site and land belonging to the heritage site include:

a) Results of surveys and studies on the characteristics and values of the heritage site; technical condition, management, protection, and enhancement of the value of the heritage site;

b) Analysis and evaluation of environmental and social factors affecting the heritage site; current status of land use and technical infrastructure in the planning area;

c) Identification of distinctive features and outstanding values of the heritage site, the relationship between the planned heritage site and other heritage sites in the research area.

3. Long-term and short-term viewpoints and objectives.

4. Determination of the boundaries of the heritage site protection zone, recommendations for adjusting the expansion or reduction of the protection zone; identification of natural scenic areas, restricted construction zones, new construction zones; proposals for additional classification of newly discovered structures and locations.

5. Orientation for preserving, repairing, and restoring the heritage site: Scheme for preserving, repairing, and restoring the heritage site throughout the planning area; list of structures requiring preservation, repair, and restoration and the degree of preservation, repair, and restoration for each structure; basic principles and solutions for preserving, repairing, and restoring the heritage site.

6. Orientation for enhancing the value of the heritage site in conjunction with sustainable tourism development.

7. Orientation for organizing spatial layout, building height, density, architectural form, and materials of new construction projects; orientation for improving and constructing technical infrastructure within the heritage site planning area.

8. Environmental impact forecast and proposals for environmental protection measures, minimizing negative impacts on the environment within the heritage site planning area.

9. Proposals for component projects, phased investment, priority order, and funding sources for those component projects.

10. Proposals for mechanisms, policies, and solutions to implement the heritage site master plan.

Article 10. Documentation for Heritage Site Planning

The documentation for heritage site planning includes:

1. The report on the examination or approval of the heritage site planning according to Model No. 02 attached as an appendix to this Decree.

2. A comprehensive explanatory report.

3. Maps:

a) Map showing the location of the heritage site and its relationship with other heritage sites in the planning research area, at a scale of 1:5,000 - 1:15,000;

b) Map of the current land use, architecture, landscape, technical infrastructure, and the approved construction planning map of the area, at a scale of 1:2,000;

c) Map delineating the protection zone and setting boundary markers for the heritage site; the area requiring clearance of violations against the heritage site, at a scale of 1:2,000;

d) Master plan layout map; plans for preservation, restoration, and revitalization of the heritage site and enhancement of its value, at a scale of 1:2,000;

đ) Map indicating spatial organization, architectural design, landscape, new construction projects, and technical infrastructure, at a scale of 1:2,000.

4. Draft decision on the approval of the heritage site planning including the main contents prescribed in Article 9 of this Decree.

Article 11. Authority to Establish, Examine, and Approve Tasks and Plans for Heritage Site Planning

1. Authority to establish tasks and plans for heritage site planning:

a) The Chairman of the People's Committee of the province where the heritage site is located and the Head of the ministry or sector directly managing the heritage site shall be responsible for organizing the establishment of tasks and plans for heritage site planning;

b) In cases where the heritage site is under the management authority of the People's Committee of the province, distributed across two or more provinces, based on the distribution of important and representative heritage sites, the Minister of Culture, Sports and Tourism decides on the selection of the People's Committee of the province to take the lead and be responsible for establishing tasks and plans for heritage site planning.

2. Authority to examine and approve tasks and plans for heritage site planning:

a) The Prime Minister approves tasks and plans for world cultural and natural heritages and special national heritage sites;

b) The Minister of Culture, Sports and Tourism leads and coordinates with relevant ministries and sectors to examine and submit to the Prime Minister for approval tasks and plans for world cultural and natural heritages and special national heritage sites upon the proposal of the Chairman of the People's Committee of the province or the Head of the ministry or sector directly managing the heritage site; examines tasks and plans for national heritage sites upon the proposal of the Chairman of the People's Committee of the province or the Head of the ministry or sector directly managing the heritage site;

c) The Chairman of the People's Committee of the province approves tasks and plans for heritage sites not within the approval authority of the Prime Minister or the Head of the ministry or sector directly managing the heritage site after receiving the examination opinion of the Minister of Culture, Sports and Tourism; agrees on the planning of heritage sites within the approval authority of the Head of the ministry or sector directly managing the heritage site at the local level;

d) The Head of the ministry or sector directly managing the heritage site approves tasks and plans for national heritage sites within their management authority after receiving the examination opinion of the Minister of Culture, Sports and Tourism and the agreement of the Chairman of the People's Committee of the province where the heritage site is located; approves tasks and plans for provincial-level heritage sites within their management authority after receiving the agreement of the Chairman of the People's Committee of the province where the heritage site is located;

đ) The Director of the Department of Culture, Sports and Tourism, or the Department of Culture and Sports examines and proposes approval of tasks and plans for heritage sites within the authority of the Chairman of the People's Committee of the province.

Article 12. Procedures for reviewing and approving tasks to establish planning and heritage site plans

1. Procedure for reviewing tasks to establish planning and heritage site plans:

a) For tasks to establish planning and heritage site plans that are world cultural and natural heritages, special national heritage sites, and national heritage sites, the Chairman of the Provincial People's Committee or the Head of the ministry or sector directly managing the heritage site shall send directly or through postal service one set of documents in accordance with Article 8 or Article 10 of this Decree to the Minister of Culture, Sports and Tourism for review.

Within 30 working days from the date of receiving complete and valid documents, the Minister of Culture, Sports and Tourism shall be responsible for organizing the review.

In cases where complete and valid documents have not been received, within 15 working days from the date of receiving the documents, the Minister of Culture, Sports and Tourism shall issue a document requesting the supplementation and completion of the documents.

b) For tasks to establish planning and heritage site plans that are provincial-level heritage sites, the Head of the ministry or sector directly managing the heritage site shall send directly or through postal service one set of documents in accordance with Article 8 or Article 9 of this Decree to the Chairman of the Provincial People's Committee where the heritage site is located for consultation.

Within 30 working days from the date of receiving complete and valid documents, the Chairman of the Provincial People's Committee shall be responsible for consulting.

In cases where complete and valid documents have not been received, within 15 working days from the date of receiving the documents, the Chairman of the Provincial People's Committee shall issue a document requesting the supplementation and completion of the documents.

2. Procedure for approving tasks to establish planning and heritage site plans:

a) For tasks to establish planning and heritage site plans that are world cultural and natural heritages, special national heritage sites, the Minister of Culture, Sports and Tourism shall submit to the Prime Minister for approval.

b) For tasks to establish planning and heritage site plans that are provincial-level heritage sites, the Director of the Department of Culture, Sports and Tourism, or the Department of Culture and Sports shall request the Chairman of the Provincial People's Committee for approval.

Within 30 working days from the date of receiving complete and valid documents, the Chairman of the Provincial People's Committee shall be responsible for approving.

In cases where complete and valid documents have not been received, within 15 working days from the date of receiving the documents, the Chairman of the Provincial People's Committee shall issue a document requesting the supplementation and completion of the documents;

c) For tasks to establish planning and heritage site plans under the management authority of ministries or sectors, the head of the managing agency shall request the Head of the ministry or sector for approval.

Within 30 working days from the date of receiving complete and valid documents, the Head of the ministry or sector directly managing the heritage site shall be responsible for approving.

In cases where complete and valid documents have not been received, within 15 working days from the date of receiving the documents, the Head of the ministry or sector directly managing the heritage site shall issue a document requesting the supplementation and completion of the documents.

Article 13. Adjusting Heritage Site Plans

1. Heritage site plans may be adjusted when any of the following situations occur:

a) There is a change in the economic and social development strategy, national defense, or security that affects the heritage site;

b) There is a change in administrative boundaries or geographical conditions;

c) New discoveries about the heritage site within the planning area.

2. The authority, procedures, and processes for reviewing and approving adjustments to heritage site plans shall be carried out in accordance with Articles 11 and 12 of this Decree.

Article 14. Management of Heritage Site Planning

1. After the heritage site planning has been approved, the Chairman of the Provincial People's Committee, the head of the ministry or sector responsible for managing the heritage site shall be responsible for announcing it at the heritage site and organizing its implementation.

2. The Minister of Culture, Sports and Tourism shall be responsible for urging, inspecting, and auditing the implementation of the heritage site planning.

3. The archiving of heritage site planning files shall be carried out in accordance with the provisions of Article 44 of the Law on Planning.

Chapter III

PROJECTS FOR REPAIRING HERITAGE SITES, ECONOMIC AND TECHNICAL REPORTS ON REPAIRING HERITAGE SITES

Article 15. Contents of the project for repairing heritage sites

1. The explanatory report of the project for repairing heritage sites includes the following contents:

a) Basis for establishing the project for repairing heritage sites;

b) Introduction to the general overview of the heritage site and its historical, cultural, scientific, and aesthetic values;

c) Detailed survey report on historical, archaeological, cultural, architectural, artistic issues, the construction process, repair, technical aspects, building materials of the heritage site; assessment of the technical condition, management, protection, and enhancement of the value of the heritage site and the results of surveys according to the laws on construction;

d) Objectives of the project for repairing heritage sites;

đ) Views and principles for preserving, repairing, and restoring heritage sites;

e) Master plan layout scheme for the heritage site and schemes: Eviction of violations of the heritage site (if any); preservation, repair, and restoration of each component of the heritage site; landscape renovation; protection of the heritage site and objects during construction; maintenance of activities at the heritage site during construction; prevention of pests, fire, and explosion; construction of new buildings and infrastructure;

g) Technical solutions, technologies, and materials used for preserving, repairing, and restoring heritage sites;

h) Standards for the design of new construction projects;

i) Environmental impact assessment of the project for repairing heritage sites including the following contents:

- Listing waste and assessing the impact of waste generated from implementing the project;

- Waste treatment measures and measures to minimize environmental and community health impacts.

In cases where land within the heritage site is used but not for the repair project, an environmental impact assessment must be conducted in accordance with the laws on environmental protection.

k) Maintenance, management, protection, and enhancement of the value of the heritage site after completion of the project;

l) Budget estimate and sources of funds for implementing the project for repairing heritage sites;

m) Project schedule for repairing heritage sites.

2. A set of color photographs measuring 10 x 15 cm, taken at the time of survey, showing the overall and individual components of the heritage site, representative structures, objects, and the technical condition of the construction works.

3. The foundation design of the project for repairing heritage sites includes:

a) Drawings and reference images related to the formation, existence, changes, and previous repairs of the heritage site;

b) Current status drawings of the heritage site include:

- Location map of the heritage site on the provincial administrative map at a scale of 1:50,000;

- Overall current status plan of the heritage site at a scale of 1:500;

- Current status plans, elevations, sections of each component of the construction work, current status drawings of each part of the construction work requiring preservation, repair, and restoration at a scale of 1:50;

c) Preservation, repair, and restoration design drawings of the heritage site include:

- Overall master plan of the heritage site at a scale of 1:500;

- Design plans, elevations, sections of each component of the construction work, design drawings of each part of the construction work being preserved, repaired, and restored at a scale of 1:50;

d) New construction project design drawings in accordance with the laws on construction;

đ) Perspective drawings displayed on A3 size paper.

4. In cases where only preservation of the heritage site is implemented, the preservation project for the heritage site includes the following contents:

a) Explanatory report:

- Basis for establishing the preservation project for the heritage site;

- Introduction to the general overview of the heritage site and its historical, cultural, scientific, and aesthetic values;

- Survey results on the technical condition of the heritage site or objects within the heritage site requiring preservation;

- Objectives of preserving the heritage site;

- Views and principles for preserving the heritage site;

- Schemes for preserving each component of the heritage site; schemes for protecting the heritage site and objects, and schemes for maintaining activities at the heritage site during construction;

- Technical solutions, technologies, and materials used for preserving the heritage site;

- Post-project maintenance scheme for the heritage site;

- Budget estimate and sources of funds for implementation;

- Project schedule.

b) A set of color photographs measuring 10 x 15 cm, taken at the time of survey, showing the technical condition of the construction works and objects requiring preservation;

c) Foundation design of the preservation project for the heritage site includes:

- Drawings and reference images related to previous preservation efforts;

- Current status drawings of each part of the construction work and objects requiring preservation at a scale of 1:50;

- Design drawings of each part of the construction work and objects being preserved at a scale of 1:50.

Authority to establish, review, and approve the preservation project for the heritage site shall be carried out as prescribed for the project for repairing heritage sites.

Article 16. Economic and Technical Report for the Repair and Preservation of Cultural Relics

1. The economic and technical report for the repair and preservation of cultural relics shall be prepared in the following cases:

a) When the preservation, repair, and restoration of cultural relics only involve reinforcing and minor repairs to simple components that have little impact on the original elements constituting the cultural relic without the need to select different options;

b) Renovation of structures that do not contain original elements constituting the value of the cultural relic or construction of new structures to serve the protection and enhancement of the value of the cultural relic.

2. Contents of the economic and technical report for the repair and preservation of cultural relics:

a) The explanatory section of the economic and technical report for the repair and preservation of cultural relics includes:

- Basis for preparing the economic and technical report for the repair and preservation of cultural relics;

- Introduction to the general overview of the heritage site and its historical, cultural, scientific, and aesthetic values;

- Preliminary survey report on architectural, artistic, technical, and construction material issues of the cultural relic; technical condition assessment;

- Objectives for preserving, repairing, and restoring the cultural relic;

- Preservation, repair, and restoration plans for minor repairs to simple components of the cultural relic, including plans for protecting the cultural relic and artifacts during construction; prevention and control of pests, fire, and explosion; construction of new structures and infrastructure;

- Budget estimate and sources of funds for implementation;

b) A set of color photographs measuring 10 x 15 cm taken at the time of the survey, showing the location and details of the components covered by the economic and technical report;

c) Construction drawings included in the economic and technical report for the repair and preservation of cultural relics include:

- Current status drawings of the cultural relic including: overall current status plan of the cultural relic at a scale of 1:500; current status plans, elevations, and sections of each component of the structure within the cultural relic at a scale of 1:50;

- Design drawings for reinforcing and minor repairs to simple components including: overall design plan of the cultural relic at a scale of 1:500; design plans, elevations, and sections of each component of the cultural relic; design drawings of parts to be preserved, repaired, and restored at a scale of 1:50;

- Design drawings for renovating old structures or constructing new structures in accordance with laws on construction;

- Perspective drawings of the cultural relic on A3 size paper.

Article 17. Authority to Prepare Projects for the Repair and Preservation of Cultural Relics and Economic and Technical Reports for the Repair and Preservation of Cultural Relics

1. Based on the approved component project list of the cultural relic planning, the deterioration of the cultural relic, and the ability to allocate investment funds from the state budget or other sources according to laws on investment and public investment, the Chairman of the Provincial People's Committee or the head of the ministry or agency directly managing the cultural relic decides on the preparation of projects for the repair and preservation of cultural relics, economic and technical reports for the repair and preservation of cultural relics, and the selection of the project investor for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics.

2. The investor specified in Clause 1 of this Article is responsible for selecting organizations with the necessary qualifications to prepare projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics in accordance with current laws.

Article 18. Authority to Review and Approve Projects for the Repair and Preservation of Cultural Relics and Economic and Technical Reports for the Repair and Preservation of Cultural Relics

1. Authority to review projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics:

a) The Minister of Culture, Sports and Tourism reviews projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics for world cultural and natural heritage sites, special national cultural relics, and national cultural relics upon the proposal of the Chairman of the Provincial People's Committee or the head of the ministry or agency directly managing the cultural relic;

b) The Director of the Department of Culture, Sports and Tourism, or the Department of Culture and Sports, reviews projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics for provincial-level cultural relics.

2. Authority to approve projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics:

The Chairman of the Provincial People's Committee or the head of the ministry or agency directly managing the cultural relic approves projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics for world cultural and natural heritage sites, special national cultural relics, and national cultural relics after receiving the review document from the Minister of Culture, Sports and Tourism; approves projects for the repair and preservation of cultural relics and economic and technical reports for the repair and preservation of cultural relics for provincial-level cultural relics after receiving the review document from the Director of the Department of Culture, Sports and Tourism, or the Department of Culture and Sports.

Article 19. Documents for review and approval of restoration project and economic-technical report on restoration of cultural relics

1. Proposal for reviewing the restoration project and economic-technical report on restoration of cultural relics according to Model No. 03 attached hereto under this Decree or proposal for approving the restoration project and economic-technical report on restoration of cultural relics according to Model No. 04 attached hereto under this Decree.

2. Detailed description of the restoration project and color photographs and basic design or detailed description of the economic-technical report on restoration and color photographs and construction drawings.

3. Review document of the competent authority as prescribed in Article 18 of this Decree (for cases requesting approval).

Article 20. Procedures for establishing, reviewing, and approving restoration projects and economic-technical reports on restoration of cultural relics

1. Surveying and collecting data on socio-economic factors, natural environment, and issues related to cultural relics.

2. Establishing the restoration project and economic-technical report on restoration of cultural relics.

3. Soliciting opinions from organizations and individuals related to the restoration project and economic-technical report on restoration of cultural relics.

4. Incorporating opinions from organizations and individuals.

5. Reviewing, submitting for approval, and approving the restoration project and economic-technical report on restoration of cultural relics.

6. Announcing the approved restoration project and economic-technical report on restoration of cultural relics at the cultural relic site within fifteen working days from the date of approval of the project and economic-technical report, including the following contents:

a) Detailed description of the main content of the restoration project and economic-technical report and total budget estimate for implementation, excluding content related to national defense, security, and state secrets;

b) General layout plan for restoration and construction drawings of restored works;

c) Implementation period of the project and economic-technical report on restoration of cultural relics;

d) Name of the project investor, name of the organization establishing the restoration project and economic-technical report.

Article 21. Procedures for reviewing and approving restoration projects and economic-technical reports on restoration of cultural relics

1. Reviewing the restoration project and economic-technical report on restoration of cultural relics:

a) For restoration projects and economic-technical reports on restoration of cultural relics that are world cultural and natural heritage sites, special national cultural relics, and national cultural relics, the Chairman of the Provincial People's Committee or the Head of the ministry or sector directly managing the cultural relics shall send directly or through postal service one set of documents as prescribed in Article 18 of this Decree to the Ministry of Culture, Sports and Tourism for review.

Within twenty working days from the date of receipt of valid documents, the Minister of Culture, Sports and Tourism shall be responsible for reviewing and compiling the results of the review in writing, either agreeing or providing comments for adjustment and supplementation.

In case of incomplete documents, within five working days from the date of receiving the documents, the Minister of Culture, Sports and Tourism shall issue a document requesting completion of the documents.

b) For restoration projects and economic-technical reports on restoration of provincial-level cultural relics, the project investor shall send directly or through postal service one set of documents as prescribed in Article 19 of this Decree to the Department of Culture, Sports and Tourism or the Department of Culture and Sports where the cultural relic is located for review.

Within twenty working days from the date of receipt of valid documents, the Director of the Department of Culture, Sports and Tourism or the Department of Culture and Sports shall be responsible for reviewing and compiling the results of the review in writing, either agreeing or providing comments for adjustment and supplementation.

In case of incomplete documents, within five working days from the date of receiving the documents, the Director of the Department of Culture, Sports and Tourism or the Department of Culture and Sports shall issue a document requesting completion of the documents.

c) In case of cultural relics at risk of destruction or requiring urgent restoration for special political tasks, the review period for the restoration project and economic-technical report on restoration of cultural relics is seven working days.

2. Approving the restoration project and economic-technical report on restoration of cultural relics:

a) The project investor shall send directly or through postal service one set of documents as prescribed in Article 19 of this Decree to the Chairman of the Provincial People's Committee or the Head of the ministry or sector directly managing the cultural relics or the authorized person for approval.

Within twenty working days from the date of receipt of valid documents, the Chairman of the Provincial People's Committee or the Head of the ministry or sector directly managing the cultural relics or the authorized person shall be responsible for approving.

In case of incomplete documents, within five working days from the date of receiving the documents, the Chairman of the Provincial People's Committee or the Head of the ministry or sector directly managing the cultural relics or the authorized person shall issue a document requesting completion of the documents.

b) For restoration projects and economic-technical reports on restoration of cultural relics as prescribed in point c, Clause 1 of this Article, the approval period is seven working days.

Article 22. Design and construction drawings for preservation, repair, and restoration of cultural relics

1. The investor of a relic repair project shall prepare design and construction drawings for preservation, repair, and restoration of cultural relics after the relic repair project has been approved by the competent authority specified in Clause 2 of Article 18 of this Decree. The approval authority for design and construction drawings for preservation, repair, and restoration of cultural relics shall be carried out in accordance with the provisions of the Construction Law.

2. The Minister of Culture, Sports and Tourism shall specify the contents and the authority to review design and construction drawings for preservation, repair, and restoration of cultural relics.

Article 23. Adjustment of relic repair projects and technical-economic reports on relic repairs

1. A relic repair project and a technical-economic report on relic repairs may be adjusted if any of the following circumstances occur:

a) New discoveries about the cultural relic;

b) Relevant cultural relic planning is adjusted;

c) New factors appear that have the potential to destroy or pose a risk of destroying the cultural relic;

d) Other cases as prescribed by the Construction Law.

2. The authority, procedures, and processes for reviewing and approving adjustments to relic repair projects and technical-economic reports on relic repairs shall be implemented in accordance with Articles 17, 18, 20, and 21 of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Implementation Organization

1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial People's Committees within their respective functions and powers shall be responsible for implementing this Decree.

2. The Minister of Culture, Sports and Tourism shall issue cost standards for preparing cultural relic planning, relic repair projects, technical-economic reports on relic repairs, and design and construction drawings for relic repairs after obtaining the consensus opinion of the Minister of Construction and the Minister of Finance.

Article 25. Effective Date

1. This Decree takes effect from February 15, 2019.

2. This Decree replaces Government Decree No. 70/2012/NĐ-CP dated September 18, 2012, which stipulates the authority, procedures, and processes for preparing and approving cultural relic historical-cultural site and scenic spot preservation, repair, and restoration planning and projects.

Article 26. Transitional Provisions

1. Tasks of preparing cultural relic planning, cultural relic planning, relic repair projects, and technical-economic reports on relic repairs that have been approved before the effective date of this Decree shall continue to be implemented until the end of the prescribed period.

2. For tasks of preparing cultural relic planning, cultural relic planning, relic repair projects, and technical-economic reports on relic repairs that are currently being prepared, they must be carried out in accordance with the provisions of this Decree./.