Circular No. 18/2012/TT-BVHTTDL provides detailed regulations on the preservation, restoration, and repair of cultural relics.

CIRCULAR

Regulations on the detailed provisions regarding the preservation, restoration, and recovery of cultural relicsh

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Based on 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 the Construction Law dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Investment Construction dated June 19, 2009;

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;

Based on Decree No. 70/2012/NĐ-CP dated September 18, 2012 of the Government stipulating the authority, procedures, and formalities for planning, approving plans for the preservation, restoration, and recovery of historical-cultural relics and scenic spots;

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 specifies the conditions of capacity and practice of organizations and individuals participating in the preparation of plans for the preservation, restoration, and recovery of cultural relics (hereinafter referred to collectively as relic preservation plans), projects for the preservation, restoration, and recovery of cultural relics (hereinafter referred to collectively as restoration projects), economic-technical reports on the preservation, restoration, and recovery of cultural relics (hereinafter referred to collectively as economic-technical restoration reports), construction design drawings for the preservation, restoration, and recovery of cultural relics (hereinafter referred to collectively as restoration design drawings), and construction of the preservation, restoration, and recovery of cultural relics (hereinafter referred to collectively as restoration construction); contents of the restoration design drawings, authority to review restoration design drawings; restoration construction.

2. This Circular applies to organizations and individuals from Vietnam and foreign countries when preparing relic preservation plans, restoration projects, economic-technical restoration reports, restoration design drawings; reviewing restoration design drawings; and conducting restoration construction within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Dismantling cultural relics is an activity of disassembling structural components forming the architecture of a cultural relic with the purpose of restoring the cultural relic or moving the components to another place for reassembly while preserving their integrity as much as possible.

2. Reinforcing cultural relics is a measure to increase the durability and stability of cultural relics or parts thereof.

3. Replicating cultural relics is an activity of creating new products according to prototypes in terms of materials, form, and technique to replace damaged or missing components of the cultural relic.

4. Enhancing cultural relics is an activity aimed at increasing the usability, exploitation, and promotion of the value of cultural relics without affecting the original elements constituting the cultural relic, natural scenery, and environmental-ecological conditions of the cultural relic.

5. Urgent repair of cultural relics is an activity of temporary support, reinforcement, or minor repairs to prevent the collapse or destruction of the cultural relic.

Article 3. Principles in the design activities for the restoration of cultural relics

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

2. Restoration design drawings shall be prepared based on the results of surveys and related direct and indirect information about the cultural relic and must comply with the contents of the approved restoration project.

3. Prioritize the use of traditional technical solutions and technologies that have been applied in the cultural relic. In cases where traditional technical solutions and technologies do not meet the requirements for the preservation, restoration, and recovery of cultural relics, modern technical solutions and technologies that have been tested in practice and do not affect the characteristics and value of the cultural relic may be applied.

4. Restoration design drawings shall continue to be implemented during the restoration construction process to promptly adjust to suit new developments and discoveries about the cultural relic.

5. Prioritize the preservation and reinforcement of cultural relics before applying restoration and recovery solutions.

6. Regularly consult the opinions of historical witnesses, experts, and artisans throughout the restoration design process.

Article 4. Principles in construction activities for repairing cultural relics

1. Comply with the approved restoration design drawings, regulations on quality management, progress, volume of construction, labor safety, and other relevant laws during the restoration construction process.

2. Prioritize the use of traditional construction methods, focusing on preserving the original elements constituting the cultural relic, protecting components throughout the restoration construction process.

3. When there are new developments or discoveries about the cultural relic that differ from the approved restoration design drawings, the construction unit and the supervising consultant must promptly notify the project investor. In cases of adjusting the restoration design drawings, the project investor must consider adjusting the construction schedule to ensure the quality of the work.

The restoration construction activities shall be carried out under the supervision of the local community and organizations and individuals who have the required capacity as stipulated by the Construction Law and the Cultural Heritage Law.

5. Regularly consult the opinions of historical witnesses, experts, and artisans throughout the restoration construction process.

6. Record all restoration construction activities performed at the site fully in the Project Diary and Completion File.

Ensure the safety of the cultural relic and visitors.

Chapter II

Article 5. Qualification Conditions and Professional Practice Conditions for Participation in Drafting Heritage Site Master Plans, Conservation Projects, Economic and Technical Reports on Heritage Site Conservation, Designing Conservation Works, and Implementing Conservation Works

 Drafting Heritage Site Master Plans, Conservation Projects, Economic and Technical Reports on Heritage Site Conservation, Designing Conservation Works, and Implementing Conservation Works

HERITAGE SITES, DESIGN AND CONSTRUCTION OF HERITAGE SITE REPAIRS

Article 5. Qualification conditions and practice conditions when participating in heritage site planning, repair project, economic-technical report on repairs, design of repairs, and construction of repairs

1. Organizations and individuals, both domestic and foreign, participating in drafting heritage site master plans, conservation projects, economic and technical reports on heritage site conservation, designing conservation works, and implementing conservation works must meet the qualification conditions stipulated by laws on construction and the provisions set forth in Article 6 of this Circular. The Minister of Culture, Sports and Tourism shall issue a Certificate of Professional Qualification for Conservation, Restoration, and Rehabilitation of Heritage Sites (hereinafter referred to as the Certificate of Professional Qualification) to organizations and a Professional Certificate for Conservation, Restoration, and Rehabilitation of Heritage Sites (hereinafter referred to as the Professional Certificate) to individuals in the following activities:

a) Drafting heritage site master plans;

b) Drafting conservation projects, economic and technical reports on heritage site conservation, designing conservation works;

c) Implementing conservation works;

d) Supervising the implementation of conservation works.

2. The principal or lead drafter of heritage site master plans; the principal drafter of conservation projects, economic and technical reports on heritage site conservation, designing conservation works, or the project management consultant director for conservation projects; the site supervisor for conservation work implementation must meet the qualification conditions stipulated in Articles 11, 12, and 13 of this Circular.

Article 6. Certificate of Professional Qualification and Professional Certificate

1. The Certificate of Professional Qualification is issued to organizations that meet the corresponding qualification conditions for the professional activities registered in accordance with Articles 7, 8, 9, and 10 of this Circular.

2. The Professional Certificate is issued to individuals who meet the corresponding qualification conditions for the professional activities registered according to the following provisions:

a) Engaging in the drafting of heritage site master plans is granted to those who have an architect's professional certificate; have attended a training course on knowledge of heritage site conservation, restoration, and rehabilitation (hereinafter collectively referred to as the conservation training course) organized by research institutes or universities with functions in construction and architecture training or related to heritage site conservation, restoration, and rehabilitation activities; and have participated in consulting the drafting of at least three (3) approved heritage site master plans or five (5) approved conservation projects;

b) Engaging in the drafting of conservation projects, economic and technical reports on heritage site conservation, and designing conservation works is granted to those who hold an architect's or civil engineer's professional certificate, or have a bachelor's degree or higher in construction or architecture; have attended the conservation training course; and have participated in consulting the drafting of heritage site master plans, conservation projects, economic and technical reports on heritage site conservation, and designing conservation works for at least three (3) approved heritage sites;

c) Engaging in the implementation of conservation works is granted to those who hold an architect's or civil engineer's professional certificate, or have a bachelor's degree or higher in construction; have attended the conservation training course; and have participated in the implementation of at least three (3) heritage site conservation works that have been accepted and handed over;

d) The Professional Certificate for supervising the implementation of conservation works is granted to those who hold a professional certificate for supervising construction project implementation; have attended the conservation training course; and have supervised the implementation of at least three (3) heritage site conservation works that have been accepted and handed over.

3. Individuals who are civil servants engaged in administrative state management work shall not be issued a Professional Certificate.

Article 7. Qualification Conditions for Organizations Establishing Heritage Planning

1. Meeting the qualification conditions for design organizations operating in construction planning activities as stipulated by laws on construction;

2. Having at least two (2) individuals holding Certificates of Practice for Heritage Planning, including one individual meeting the qualification conditions for the head or principal of heritage planning as provided for in Article 11 of this Circular;

3. Having participated in consulting to establish at least one (1) heritage planning or at least two (2) restoration projects of heritage sites, economic and technical reports on heritage restoration, or heritage restoration designs that have been approved.

Article 8. Qualification Conditions for Organizations Establishing Restoration Projects of Heritage Sites, Economic and Technical Reports on Heritage Restoration, and Heritage Restoration Designs

1. Meeting the qualification conditions for consultancy organizations when establishing projects, economic and technical reports, or designs, or consultancy organizations when providing project management consultancy services as stipulated by laws on construction;

2. Having at least three (3) individuals holding Certificates of Practice for establishing restoration projects of heritage sites, economic and technical reports on heritage restoration, or heritage restoration designs, including one individual meeting the qualification conditions for the head of restoration project establishment, economic and technical reports on heritage restoration, or heritage restoration designs, or the director of project management consultancy services for heritage restoration projects as provided for in Article 12 of this Circular;

3. Having participated in consulting to establish heritage planning, restoration projects of heritage sites, economic and technical reports on heritage restoration, or heritage restoration designs that have been approved.

Article 9. Qualification Conditions for Organizations Carrying Out Restoration Work on Heritage Sites

1. Meeting the qualification conditions for construction organizations when carrying out construction works as stipulated by laws on construction;

2. Having at least three (3) individuals holding Certificates of Practice for restoration work on heritage sites, including one individual meeting the qualification conditions for the site commander of restoration work on heritage sites as provided for in Article 13 of this Circular;

3. Having a team of artisans and skilled workers in the field of heritage preservation, restoration, and recovery.

Article 10. Qualification Conditions for Organizations Providing Construction Supervision Consultancy Services for Restoration Work on Heritage Sites

1. Meeting the qualification conditions for consultancy organizations when supervising construction works as stipulated by laws on construction;

2. Having at least two (2) individuals holding Certificates of Practice for supervising restoration work on heritage sites.

Article 11. Qualification Conditions for the Head or Principal of Heritage Planning Establishment

1. Meeting the qualification conditions for the head or principal of construction planning design projects as stipulated by laws on construction;

2. Holding a Certificate of Practice for Heritage Planning.

Article 12. Qualification Conditions for the Head of Restoration Project Establishment, Economic and Technical Reports on Heritage Restoration, or Heritage Restoration Designs, or the Director of Project Management Consultancy Services for Restoration Projects of Heritage Sites

1. Meeting the qualification conditions for the head of project establishment, economic and technical reports, or designs, or the director of project management consultancy services as stipulated by laws on construction;

2. Holding a Certificate of Practice for establishing restoration projects of heritage sites, economic and technical reports on heritage restoration, or heritage restoration designs.

Article 13. Qualification Conditions for the Site Commander of Restoration Work on Heritage Sites

1. Meeting the qualification conditions for the site commander as stipulated by laws on construction;

2. Holding a Certificate of Practice for restoration work on heritage sites.

Article 14. Procedure for Issuing the Practice Certificate

1. An organization applying for issuance of the Practice Certificate shall submit directly or through postal service one set of application files to the Ministry of Culture, Sports and Tourism (through the Heritage Management Agency).

The application file for issuing the Practice Certificate includes:

a) Application form for issuance of the Practice Certificate (Form No. 1 issued together with this Circular);

b) List of individuals holding the Practice Certificate, personal information of those assuming positions related to the activities for which the Practice Certificate is requested, as stipulated in Clause 2 of Article 7, Clause 2 of Article 8, Clause 2 of Article 9, and Clause 2 of Article 10 of this Circular, accompanied by certified copies or notarized certificates or certificates of participation in heritage conservation training courses;

c) Documents proving the qualification conditions in accordance with the laws on construction;

d) Documents proving experience in participating in heritage planning projects, heritage restoration projects, economic-technical reports on heritage restoration, and approved heritage restoration designs.

2. Within five working days from the date of receipt of the application file, the Heritage Management Agency shall be responsible for checking and requesting supplementary documents if they are incomplete or invalid.

3. Within ten working days from the date of receiving complete and valid application files, the Director of the Heritage Management Agency shall be responsible for submitting to the Minister of Culture, Sports and Tourism for consideration and decision on issuance of the Practice Certificate (Form No. 2 issued together with this Circular); in case of non-issuance, the reasons must be clearly stated in writing.

4. The Practice Certificate is valid for a period of five years.

5. The collection and use of fees for issuing the Practice Certificate shall be carried out in accordance with the regulations of the Ministry of Finance at the time of issuing the Practice Certificate.

Article 15. Procedure for Issuing the Practice Certificate

1. An individual applying for issuance of the Practice Certificate shall submit directly or through postal service one set of application files to the Ministry of Culture, Sports and Tourism (through the Heritage Management Agency).

The application file for issuing the Practice Certificate includes:

a) Application form for issuance of the Practice Certificate (Form No. 3 issued together with this Circular);

b) Certified copies or notarized certificates of the Practice Certificate for architects, construction engineers, construction supervision engineers, or university diplomas or higher in relevant fields such as construction and architecture related to the activities for which the Practice Certificate is requested, as stipulated in Clause 2 of Article 6 of this Circular;

c) Certified copies or notarized certificates of certificates or certificates of participation in heritage conservation training courses;

d) Declaration of professional experience in heritage preservation, restoration, and recovery related to the activities for which the Practice Certificate is requested (Form No. 4 issued together with this Circular). The declaration must be confirmed by the organization where the individual has worked or is currently working; the person signing the confirmation must bear responsibility for the truthfulness of the confirmed content;

e) Two color photographs measuring 3x4 cm taken within the year of application.

2. Within five working days from the date of receipt of the application file, the Heritage Management Agency shall be responsible for checking and requesting supplementary documents if they are incomplete or invalid.

3. Within five working days from the date of receiving complete and valid application files, the Director of the Heritage Management Agency shall be responsible for submitting to the Minister of Culture, Sports and Tourism for consideration and decision on issuance of the Practice Certificate (Form No. 5 issued together with this Circular). In case of non-issuance, the reasons must be clearly stated in writing.

4. The Practice Certificate is valid for a period of five years.

5. The collection and use of fees for issuing the Practice Certificate shall be carried out in accordance with the regulations of the Ministry of Finance at the time of issuing the Practice Certificate.

Article 16. Reissuing the Practice Certificate and Professional Certificate

1. The Practice Certificate and Professional Certificate shall be reissued in the following cases:

a) Upon expiration of its validity period;

b) Lost or damaged (torn, dirty, faded), making them unusable;

c) Printing errors or mistakes;

d) Supplementing practice content.

2. The procedures and formalities for reissuing the Practice Certificate and Professional Certificate are stipulated as follows:

a) Organizations and individuals requesting to reissue the Practice Certificate and Professional Certificate shall submit directly or via postal service one set of application files to the Ministry of Culture, Sports and Tourism (through the Heritage Department).

The application files for reissuing the Practice Certificate and Professional Certificate include:

- An application form for reissuing the Practice Certificate and Professional Certificate (Form No. 6 issued together with this Circular);

- The original Practice Certificate and Professional Certificate that have been issued (for cases where the Practice Certificate and Professional Certificate have expired, been damaged, had errors, or require supplementation of practice content);

- Two (2) color photographs measuring 3x4 cm taken within the year of application (for cases requesting reissuance of the Professional Certificate);

In cases of supplementing practice content already recorded in the Practice Certificate and Professional Certificate, or reissuing the Practice Certificate and Professional Certificate due to loss, the applicant must attach the required files as specified in points b, c, and d of Clause 1, Article 14 or points b, c, and d of Clause 1, Article 15 of this Circular.

b) For cases of reissuing the Practice Certificate and Professional Certificate that have expired, been damaged, or had errors, within three (3) working days from the date of receiving complete valid files, the Minister of Culture, Sports and Tourism shall examine and decide on reissuing the Practice Certificate and Professional Certificate. If not issued, the reasons must be clearly stated in writing.

For cases of reissuing the Practice Certificate and Professional Certificate due to loss or supplementation of practice content, the reissuance period shall be the same as for new issuance.

c) The collection and use of fees for reissuing the Practice Certificate and Professional Certificate shall be carried out according to the regulations of the Ministry of Finance at the time of issuing the Practice Certificate and Professional Certificate.

In cases of reissuing the Practice Certificate and Professional Certificate due to errors, the Minister of Culture, Sports and Tourism shall issue them free of charge upon request of organizations and individuals.

3. The content and validity period of the reissued Practice Certificate and Professional Certificate shall be recorded as follows:

a) For cases of loss, damage, or errors, they shall be recorded according to the content and validity period of the original Practice Certificate and Professional Certificate;

b) For cases of supplementary practice content, the supplementary practice content shall be recorded according to the validity period of the original Practice Certificate and Professional Certificate;

c) For cases of expiration, the content and validity period recorded in the Practice Certificate and Professional Certificate shall be implemented according to the regulations for new issuance.

Chapter III

DESIGN FILES FOR THE REPAIR AND ENHANCEMENT OF HERITAGE SITES AND CONTENT OF THE DESIGN FILES FOR THE REPAIR AND ENHANCEMENT OF HERITAGE SITES

AND AUTHORITY TO APPROVE THE DESIGN FILES FOR THE REPAIR AND ENHANCEMENT OF HERITAGE SITES

Article 17. Design Files for Repair and Enhancement of Heritage Sites

The design files for repair and enhancement of heritage sites include:

1. Survey report;

2. Photographs of current conditions;

3. Current drawings and drawings of conservation, repair, and restoration plans for heritage sites;

4. Explanatory notes;

5. Budget estimate.

Article 18. Content of the Survey Report

1. Compilation of materials and research results on cultural relics.

2. Overall survey results on:

a) Location, regional connections, topography, space, landscape environment of the cultural relic; list of all components of the cultural relic construction works;

b) Layout plan, architectural form, structure, building materials of the construction work; analysis and determination of original constituent factors and newly added components of the cultural relic; analysis and determination of the condition and causes of damage and deterioration of the cultural relic; analysis and determination of negative environmental impacts affecting the construction work and the cultural relic landscape; archaeological exploration and excavation (if applicable); geology, foundation; microclimate conditions, termites, pests, insects, mold and other damaging factors to the cultural relic; related infrastructure systems;

c) Quantity of artifacts, offerings, and interior layout plans; conservation status and causes of deterioration of artifacts and offerings.

3. Religious beliefs, rituals, festivals, and other cultural activities related to the cultural relic.

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

5. Direction for files and materials that need to be further researched and collected during the implementation of the restoration work to serve the adjustment of the restoration design.

Article 19. Current Status Photographs

Color photographs with dimensions of 12 x 15 cm or larger, capturing overall and detailed views of the landscape, components of the cultural relic construction works at the time of the survey. The photographs must reflect the contents specified in the survey report as stipulated in Clause 2 and Clause 3 of Article 18 of this Circular.

Article 20. Current Status Drawings and Preservation, Restoration, and Rehabilitation Plan Drawings

1. Current status drawings of the cultural relic include:

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

b) Overall current status plan view of the cultural relic, overall current status cross-section view of the cultural relic, scale 1/500 - 1/200 showing the orientation of the cultural relic, existing architectural structures, traces of foundations or parts of lost architectural structures, garden systems, paths, and technical infrastructure;

c) Current status floor plans, elevations, and cross-sections of the cultural relic construction works prepared for the restoration design, scale 1/100 - 1/50 annotated with material types, age, and technical condition of the cultural relic;

d) Detailed typical drawings of the cultural relic construction works prepared for the restoration design, scale 1/20 - 1/10;

đ) Current status interior layout plan drawing, scale 1/100 and detailed current status interior drawing, scale 1/10 of the cultural relic construction works prepared for the restoration design.

2. Preservation, restoration, and rehabilitation plan drawings of the cultural relic include:

a) Overall plan view and cross-section view planning scheme, scale 1/500 - 1/200;

b) Preservation, restoration, and rehabilitation plan floor plans, elevations, and cross-sections of the cultural relic construction works, scale 1/100 - 1/50;

c) Detailed preservation, restoration, and rehabilitation drawings of parts of the cultural relic construction works, scale 1/20 - 1/10;

d) Preservation, restoration, and rehabilitation plan drawings of the cultural relic's interior (if applicable), including interior layout plan drawings, scale 1/100 and detailed artifact and offering preservation, restoration, and rehabilitation drawings, scale 1/20 - 1/10;

đ) Reconstruction, new construction, and technical infrastructure system and fire prevention and explosion protection plan drawings.

Article 21. Content of the Design Description for the Restoration of Cultural Relics

The content of the design description for the restoration of cultural relics must comply with the requirements for the construction drawing design description for construction projects as stipulated by laws on construction, and in addition, it must clearly state the following contents:

1. Legal and scientific basis for designing the restoration of cultural relics;

2. Comprehensive assessment of the current status of the landscape of the cultural relic, structures within the cultural relic and auxiliary structures; the age of each structure within the cultural relic; interior furnishings and artifacts, religious objects; infrastructure systems; causes of damage and deterioration;

3. Analysis of changes to the cultural relic over different periods to identify original constituent elements of the cultural relic that need preservation; analysis of research results on architecture-art, archaeological surveys and excavations (if applicable), construction techniques, building materials, and other research results on the cultural relic;

4. Analysis of the restoration design plan for the cultural relic, including: demolition plan for structures within the cultural relic (if applicable); preservation, restoration, and renovation plans for structures within the cultural relic; preservation, restoration, and renovation plans for interior furnishings and artifacts, religious objects; protection plans for movable and immovable artifacts; moisture-proofing, pest control, and mold prevention plans; repositioning plan for architectural components; material restoration plan; protection, restoration, and enhancement plan for the cultural relic's landscape;

5. Plans for enhancing and constructing new facilities to serve the protection and promotion of the value of the cultural relic, infrastructure systems, and fire and explosion prevention;

6. Plan for constructing protective shelters for structures, and protecting architectural components after the demolition of the cultural relic;

7. Regulations on building materials used in the project;

8. Construction procedures and measures;

9. Construction schedule;

10. Maintenance regulations for the project;

11. Other related contents.

Article 22. Review of the Design for the Restoration of Cultural Relics

1. The review of the design for the restoration of cultural relics shall be carried out according to the provisions of the law on construction after obtaining written agreement from the Department of Cultural Heritage regarding the contents stipulated in Articles 18, 19, 20, and 21 of this Circular for special national cultural relics and national cultural relics, and from the Department of Culture, Sports and Tourism regarding provincial-level cultural relics.

2. The procedure for agreeing to the design for the restoration of cultural relics shall be conducted in the following sequence:

a) The project investor submits a written request along with one set of restoration design documents either directly or through postal service to the Department of Culture, Sports and Tourism;

b) Within twenty working days from the date of receipt of the investor’s written request accompanied by the documents as stipulated in Article 17 of this Circular, the Department of Culture, Sports and Tourism shall be responsible for reviewing and agreeing to the restoration design for provincial-level cultural relics, or submitting a written request along with one set of restoration design documents either directly or through postal service to the Department of Cultural Heritage for special national cultural relics and national cultural relics;

c) Within twenty working days from the date of receipt of the written request from the Department of Culture, Sports and Tourism, the Department of Cultural Heritage shall be responsible for reviewing and agreeing to the restoration design for special national cultural relics and national cultural relics.

Article 23. Adjustment of Restoration Design for Cultural Relics

1. After the dismantling of cultural relics, if new discoveries or developments regarding the cultural relics arise, the project investor must adjust the restoration design to be appropriate.

2. The adjustment of the restoration design shall be carried out in accordance with the following provisions:

a) The organization responsible for preparing the restoration design must implement the adjustment of the restoration design based on the written request of the project investor.

b) The adjustment of the restoration design must be consistent with the objectives, tasks, and scope of the approved restoration project.

3. The documentation for the adjusted restoration design includes:

a) Color prints, size 12x15cm or larger;

b) Copies of the approved conservation, restoration, and recovery plans related to the content being adjusted;

c) Current condition drawings and adjusted restoration design drawings;

d) Explanation of the adjustment content;

đ) Minutes of the Evaluation Council after the dismantling of cultural relics as stipulated in Clause 5, Article 25 of this Circular;

e) Adjusted budget estimate.

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

4. The agreement on the adjusted restoration design shall be completed within seven working days according to the procedures prescribed in Clause 2, Article 22 of this Circular.

Chapter IV

CONSTRUCTION FOR REPAIRING CULTURAL RELICS

Article 24. Preparation for Construction of Restoration of Cultural Relics

The project investor and the construction organization for the restoration of cultural relics shall carry out the following tasks:

1. Coordinate with the People's Committee of the district, town, city under province, Cultural and Information Office, People's Committee of commune, ward, town where the cultural relic is located on the plan to protect the cultural relic and the implementation plan of the restoration project, economic and technical report on restoration, restoration design;

2. Organize propaganda among local residents where the cultural relic is located and skilled workers participating in the construction of restoration about the value, objectives, tasks, scope, content of the restoration project, economic and technical report on restoration, restoration design;

3. Accept the handover of the site and the works that have been conserved, restored, and recovered;

4. Implement the plan to protect objects;

5. Prepare materials, labor, equipment for construction and other preparatory work.

Article 25. Implementation of Construction of Restoration of Cultural Relics

1. The construction organization for the restoration of cultural relics shall construct protective shelters and warehouses for components and architectural elements of the dismantled structure.

2. The construction organization for the restoration of cultural relics shall establish a system of markings for components and architectural elements on drawings and mark them on the components and architectural elements of the cultural relic. Markings on components and architectural elements must not affect their characteristics and values, must be protected throughout the restoration process, and should be easily removable after completion of the restoration. Photographs and recordings should be made after marking the components and architectural elements.

3. The construction organization for the restoration of cultural relics shall dismantle the cultural relics (if necessary) and place the components and architectural elements to be dismantled in the protective warehouse.

4. The construction organization for the restoration of cultural relics shall cooperate with the organization preparing the restoration design to conduct research and evaluate the components, architectural elements, and foundation of the cultural relic after dismantling.

5. The project investor shall establish a Cultural Relic Evaluation Council and define its operational regulations. The Council shall consist of the project investor, the organization preparing the restoration design, the construction organization, the supervision organization, representatives from the Department of Culture, Sports and Tourism, representatives from organizations and individuals directly managing the cultural relic, and experts from relevant fields. The Council shall inspect the results of the work stipulated in Clauses 3 and 4 of this Article. The results of the Council's work shall be recorded in minutes.

6. The project investor shall adjust the restoration design according to the provisions of Article 23 of this Circular.

7. The construction organization for the restoration of cultural relics shall carry out the restoration construction according to the approved restoration design and adjusted restoration design.

8. The project investor shall cooperate with the Department of Culture, Sports and Tourism to classify and select valuable components and architectural elements that cannot be reused for preservation and display.

9. The project investor shall cooperate with the construction organization and related organizations and individuals to organize acceptance, handover, and put the cultural relic into use, and perform other tasks in accordance with the laws on construction.

Article 26. Construction Logbooks and Completion Files

1. The establishment of Construction Logbooks and Completion Files shall be carried out in accordance with the laws on construction and the provisions set forth in 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) File of photographs and video recordings of cultural relics before demolition, during demolition, and throughout the repair and restoration process. Color prints, size 12x15cm or larger;

c) File of drawings of new discoveries about cultural relics; detailed components and positions of replacement components during the repair and restoration process of cultural relics.

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. Within sixty working days from the date of handover and putting the project into use, the investor of the cultural relic repair project shall be responsible for sending one set of Construction Logbooks and one set of Completion Files to the Department of Culture, Sports and Tourism for storage; for special national cultural relics, an additional one set of Construction Logbooks and one set of Completion Files must be sent to the Heritage Management Agency for storage.

Article 27. Urgent Repairs of Cultural Relics

1. Urgent repairs of cultural relics shall be carried out after the decision of the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee).

2. The Department of Culture, Sports and Tourism shall be responsible for establishing and directly managing the Urgent Repair Team of Cultural Relics. The Urgent Repair Team of Cultural Relics includes one heritage management officer of the Department and one architect or civil engineer with the following responsibilities:

a) Preparing the report on urgent repairs of cultural relics;

b) Supervising the implementation of urgent repairs of cultural relics after the urgent repair report has been approved.

3. The report on urgent repairs of cultural relics shall include:

a) Color prints, size 12x15cm, taken to reflect the current state of the cultural relic at the time of preparing the urgent repair report. The photos must show the current state of the cultural relic and parts that are deteriorating and at risk of collapse;

b) Drawings of the urgent repair plan for cultural relics;

c) Explanation of the reasons for urgent repairs of cultural relics, the technical condition of the cultural relic, and proposals for urgent repair plans;

d) Budget estimate.

4. Procedures for approving the report on urgent repairs of cultural relics:

a) The Department of Culture, Sports and Tourism shall send directly or through postal service a document requesting approval along with one set of the urgent repair report file to the Chairman of the Provincial People's Committee where the cultural relic is located;

b) Within five working days from the date of receipt of the request document from the Department of Culture, Sports and Tourism, the Chairman of the Provincial People's Committee shall examine and approve the urgent repair report and submit a written report to the Ministry of Culture, Sports and Tourism for special national cultural relics and national cultural relics.

Chapter V

INSPECTION AND MONITORING OF ACTIVITIES FOR THE PRESERVATION, REPAIR, AND RESTORATION OF CULTURAL RELICS

Article 28. Inspection and Monitoring of Activities for the Preservation, Repair, and Restoration of Cultural Relics

1. The Inspectorate of the Ministry of Culture, Sports and Tourism shall organize inspections and monitoring of activities for the preservation, repair, and restoration of cultural relics within its authority.

2. The Heritage Management Agency shall organize inspections and monitoring of activities for the preservation, repair, and restoration of cultural relics within its authority.

3. The Inspectorate of the Department of Culture, Sports and Tourism shall organize inspections and monitoring of activities for the preservation, repair, and restoration of cultural relics under its jurisdiction within its authority.

4. Organizations with functions and tasks of state management of cultural heritage in localities shall organize inspections and monitoring of activities for the preservation, repair, and restoration of cultural relics under their jurisdiction within their authority.

Article 29. Handling Violations

1. When the Inspectorate of the Ministry of Culture, Sports and Tourism discovers violations in activities for the preservation, repair, and restoration of cultural relics, it has the right to prepare minutes, suspend the repair work for fifteen working days, issue decisions on penalties within its authority, and simultaneously report to the Minister of Culture, Sports and Tourism.

2. When the Inspectorate of the Department of Culture, Sports and Tourism discovers violations in activities for the preservation, repair, and restoration of cultural relics under its jurisdiction, it has the right to prepare minutes, suspend the repair work for fifteen working days, issue decisions on penalties within its authority, and simultaneously report to the Chairman of the Provincial People's Committee; for national cultural relics and special national cultural relics, it must report to the Minister of Culture, Sports and Tourism (through the Inspectorate of the Ministry).

Chapter VI

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Circular takes effect from July 1, 2013.

Decision No. 05/2003/QĐ-BVHTT dated February 6, 2003 of the Ministry of Culture and Information promulgating the Regulations on the Preservation, Repair, and Restoration of Historical-Cultural Relics and Scenic Spots shall cease to be effective from the date this Circular takes effect.

3. Design for repairing cultural relics approved before the effectiveness of this Circular does not need to be resubmitted for approval; subsequent works shall be implemented according to the provisions of this Circular.

Article 31. Implementation Organization

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

2. 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 study, amendment, and supplementation./.