Circular No. 18/2022/TT-BVHTTDL amends and supplements certain provisions of Circular No. 09/2011/TT-BVHTTDL dated July 14, 2011, issued by the Minister of Culture, Sports and Tourism regarding the content of scientific files for the classification of historical and cultural relics and scenic spots.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 09/2011/TT-BVHTTDL DATED JULY 14, 2011 ISSUED BY THE MINISTER OF CULTURE, SPORTS AND TOURISM REGULATING THE CONTENT OF SCIENTIFIC FILES FOR RANKING HISTORICAL AND CULTURAL HERITAGES AND NATURAL BEAUTIES

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

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

The Minister of Culture, Sports and Tourism promulgates this Circular amending and supplementing certain articles of Circular No. 09/2011/TT-BVHTTDL dated July 14, 2011 issued by the Minister of Culture, Sports and Tourism regulating the content of scientific files for ranking historical and cultural heritages and natural beauties.

Article 1. Amend and supplement certain articles of Circular No. 09/2011/TT-BVHTTDL dated July 14, 2011 issued by the Minister of Culture, Sports and Tourism regulating the content of scientific file preparation for ranking historical and cultural heritages and natural beauties.

1. Amend and supplement Clause 3 Article 4 as follows:

"3. Scientific heritage files must be formatted in '.doc' or '.docx' and '.pdf' for storage."

Article 2. Amend and supplement certain clauses and points of Article 6:

a) Amend and supplement the opening clause of Article 6 as follows:

"The heritage profile must be fully declared at the time of preparing the scientific ranking file, including the following contents:"

b) Amend and supplement point a of Clause 6 of Article 6 as follows:

"a) Provide a general introduction about the scope, scale, area, overall layout plan of the heritage, natural scenery, and environmental - ecological conditions of the heritage area; provide a general assessment of the current technical condition of the heritage, clearly stating the degree of damage and deterioration of the heritage (if any)."

c) Amend and supplement Clause 9 of Article 6 as follows:

"9. Current status of heritage protection and value enhancement: Clearly state the name of the organization or individual directly owning or managing the heritage and the current status of organizing heritage protection and value enhancement, violation status of the heritage (if any); In case the heritage belongs to common ownership or state ownership, it must clearly record the decision to establish the Heritage Protection Board (or management team) by the competent state authority (if any)."

Article 3. Amend and supplement certain clauses and points of Article 8:

a) Amend and supplement point a of Clause 1, Article 8 as follows:

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

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

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

For natural beauties: the overall layout plan must depict contour lines and the positions of construction works within the natural beauty area, with annotations on the scale of the construction works;

In case the heritage has a large area: the overall layout plan should be executed at an appropriate scale to ensure the entire heritage area is represented."

b) Amend and supplement Clause 2 of Article 8 as follows:

"2. Technical drawings prepared at the time of preparing the scientific ranking file must be bound into volumes of A3 size, soft cover, stamped with a seal and confirmed by the head of the unit preparing the scientific heritage file;"

4. Amend and supplement Clause 3 of Article 9 as follows:

"3. Photographic records of the heritage and objects within the heritage taken at the time of preparing the scientific ranking file must be printed on photographic paper, with sizes from 10cm x 15cm upwards, pasted onto cardboard and bound into volumes of A4 size; they must be numbered sequentially, annotated with full content, photographer, and photographing date, stamped with a seal and confirmed by the head of the unit preparing the scientific heritage file;

Reference materials collected for inclusion in the photo album must clearly indicate their source."

Article 5. Amend and supplement Clause 2 of Article 10 as follows:

"2. Inventories of objects within the heritage prepared at the time of preparing the scientific ranking file must be bound into volumes, soft cover, stamped with a seal and confirmed by the head of the unit preparing the scientific heritage file."

Article 6. Amend and supplement point b of Clause 2 of Article 12 as follows:

"b) The boundary line surrounding the entire Zone I of the heritage must be depicted in red, while the boundary line surrounding the entire Zone II of the heritage must be depicted in blue on the map delineating the protected zones of the heritage; within Zone I of the heritage, the positions of buildings, sites, natural scenery, areas of natural significance in terms of history, culture, archaeology, geology, geomorphology, geography, biodiversity, and special ecosystems must be clearly indicated;"

Article 2. Replace the phrase in Model No. 3 issued together with Circular No. 09/2011/TT-BVHTTDL dated July 14, 2011, of the Minister of Culture, Sports and Tourism regarding the content for preparing scientific files to rank historical and cultural relics and scenic spots.

Replace the phrase "Based on the Land Law dated November 26, 2003"; in the basis section of Model No. 3 issued together with Circular No. 09/2011/TT-BVHTTDL with "Based on the Land Law dated November 29, 2013;"

Article 3. Implementation Organization

1. The Heritage Department shall take the lead and coordinate with relevant agencies and units to guide and organize inspections of the implementation of this Circular.

2. Departments of Culture, Sports and Tourism, Departments of Culture and Sports of provinces and centrally governed cities shall be responsible for organizing the implementation and urging related agencies, organizations, and individuals to implement this Circular.

Article 4. Implementation provisions

1. This Circular takes effect from March 1, 2023.

2. For scientific files for ranking historical and cultural relics and scenic spots that have been prepared and submitted to competent authorities before the effective date of this Circular but have not yet received a classification decision, continue to implement according to the provisions of Circular No. 09/2011/TT-BVHTTDL dated July 14, 2011, of the Minister of Culture, Sports and Tourism regarding the content of scientific files for ranking historical and cultural relics and scenic spots.

3. In the course of implementation, if any difficulties arise, it is requested that agencies, units, and individuals promptly reflect them to the Ministry of Culture, Sports and Tourism (through the Heritage Department) for research and appropriate amendments and supplements./.