Circular No. 20/2012/TT-BVHTTDL on the dossier and procedures for sending and receiving intangible cultural heritage materials, artifacts, antiques, and national treasures.

CIRCULAR

Regulations on the dossier and procedures for sending and receiving intangible cultural heritage materials, artifacts, antiques, and national treasures

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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 Civil Code dated June 14, 2005;

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

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

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

The Minister of Culture, Sports and Tourism issues this Circular regulating the dossier and procedures for sending and receiving intangible cultural heritage materials, artifacts, antiques, and national treasures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the dossier and procedures for sending and receiving intangible cultural heritage materials, artifacts, antiques, and national treasures (hereinafter referred to as materials and objects) from organizations and individuals (hereinafter referred to as the Sender) to public museums or state agencies with authority (hereinafter referred to as the Receiver) to support the owners of the materials and objects in protecting and promoting their value.

2. This Circular applies to organizations and individuals participating in the implementation of sending and receiving materials and objects.

Article 2. Interpretation of Terms

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

1. Intangible cultural heritage materials are information about intangible cultural heritage preserved through various means, equipment, and materials, including written records, audio recordings, and video recordings.

2. Forms of promoting the value of sent materials and objects include: publishing publications about the materials and objects; introducing the materials and objects through mass media and electronic websites; exhibiting and displaying the materials and objects; making copies of the materials and objects, and other forms of value promotion.

Article 3. Criteria for determining materials and objects that can be sent

1. Sent intangible cultural heritage materials must meet the following criteria:

a) They are intangible cultural heritage materials with historical, cultural, and scientific value; priority is given to materials related to intangible cultural heritage that have been inventoried according to the laws on cultural heritage;

b) They have the ability to be preserved for a long time;

c) They are not subject to legal prohibitions on storage.

2. Sent artifacts, antiques, and national treasures must meet the following criteria:

a) Artifacts and antiques have been registered, and national treasures have been recognized according to the laws on cultural heritage;

b) They have the ability to be preserved for a long time;

c) They are not subject to legal prohibitions on storage.

Article 4. Costs for sending and receiving materials and objects

1. Costs for sending and receiving materials and objects shall be agreed upon between the Sender and the Receiver and clearly stated in the Sending and Receiving Materials and Objects Contract, according to Model No. 4 issued together with this Circular.

2. It is encouraged for both parties to agree and clearly state in the contract that if the Sender does not collect any benefits arising from the Receiver's promotion of the value of the sent materials and objects, the Receiver will not charge any costs for receiving and storing the materials and objects.

Chapter II

Dossier and Procedures

Article 5. Dossier for sending materials and objects

The dossier for sending materials and objects is prepared by the Sender; the components of the dossier are specified as follows:

1. Dossier for sending intangible cultural heritage materials:

a) A request letter for sending materials and objects (for organizations), according to Model No. 1 issued together with this Circular; A request form for sending materials and objects (for individuals), according to Model No. 2 issued together with this Circular;

b) A copy of the Identity Card still within its validity period (for Vietnamese individuals), a copy of the passport still within its validity period (for overseas Vietnamese and foreigners), a copy of the legal entity certificate (for organizations); in case of submitting the dossier in person, the original copies must be brought along for verification; in case of submitting the dossier via postal service, the copies must be notarized or certified;

c) Information sheet on intangible cultural heritage materials, according to Model No. 3A issued together with this Circular;

d) A copy of the inventory sheet of intangible cultural heritage materials or a copy of the inventory list of intangible cultural heritage materials kept in the sent materials and objects, notarized or certified (for intangible cultural heritage materials that have been inventoried);

đ) Authorization letter for sending intangible cultural heritage materials, notarized or certified (in case the Sender is an individual authorizing another person to send intangible cultural heritage materials).

2. Dossier for sending artifacts, antiques, and national treasures:

a) A request letter for sending materials and objects (for organizations), according to Model No. 1 issued together with this Circular; A request form for sending materials and objects (for individuals), according to Model No. 2 issued together with this Circular;

b) A copy of the Identity Card still within its validity period (for Vietnamese individuals), a copy of the passport still within its validity period (for overseas Vietnamese and foreigners), a copy of the legal entity certificate (for organizations); in case of submitting the dossier in person, the original copies must be brought along for verification; in case of submitting the dossier via postal service, the copies must be notarized or certified;

c) Object information sheet: one sheet per artifact, antique, or national treasure, according to Model No. 3B issued together with this Circular, accompanied by at least two photographs of the object, size 10cm x 15cm (color photos, one overall view, one detailed photo of the most important part of the object, with scale ruler), ensuring sufficient basis for identifying the object;

d) A copy of the certification document for the object having been appraised, registered, or recognized (for national treasures) notarized or certified;

đ) Authorization letter for sending materials and objects, notarized or certified (in case the Sender is an individual authorizing another person to send materials and objects).

Article 6. Procedure for Receiving and Storing Documents and Objects

1. The Sender must directly deliver or send via postal service one set of the Document Submission Form for Documents and Objects in accordance with Article 5 of this Circular to the Receiver.

2. The Receiver shall accept and review the Document Submission Form for Documents and Objects; within five working days from the date of receiving the form, the Receiver must respond in writing to the Sender regarding acceptance or non-acceptance of the submission, providing specific reasons if not accepted.

3. The Receiver and the Sender shall agree on a plan to implement the submission and receipt of documents and objects.

4. The Sender and the Receiver shall cooperate to carry out the submission and receipt of documents and objects according to the following procedures:

a) Inspect the Document Submission Form and the submitted documents and objects;

b) Sign the Contract for Submission and Receipt of Documents and Objects, in accordance with Model No. 4 issued together with this Circular;

c) Hand over and receive the submitted documents and objects and prepare the Handover and Receipt Record for Documents and Objects, in accordance with Model No. 5A issued together with this Circular.

5. The maximum time limit for processing the submission and receipt procedures for documents and objects as stipulated in Clause 4 of this Article is five working days; in cases where there is a large volume of documents and objects, both parties may negotiate their own agreement.

Article 7. Procedure for Returning Submitted Documents and Objects

The return of submitted documents and objects shall be carried out upon expiration of the Contract for Submission and Receipt of Documents and Objects at the location agreed upon by both parties, in accordance with the following procedures:

1. The Sender shall present the following documents:

a) The Contract for Submission and Receipt of Documents and Objects;

b) The Handover and Receipt Record for Documents and Objects;

c) A valid national identity card (for Vietnamese individuals) or passport (for overseas Vietnamese and foreign individuals) of the person receiving the documents and objects;

d) A power of attorney for the retrieval of submitted documents and objects with a seal or certification (in case the person receiving the documents and objects is authorized by the individual Sender) or a document appointing a representative to retrieve the documents and objects with the confirmation of the legal Sender (in case the person receiving the documents and objects is appointed by the organizational Sender);

đ) A certificate of inheritance rights in accordance with the provisions of the law (in the case where the individual receiving the documents and objects is an heir of the Sender).

2. The Sender and the Receiver shall cooperate to carry out the return of documents and objects according to the following procedures:

a) Inspect the condition of the returned documents and objects;

b) Prepare the Liquidation Record of the Contract for Submission and Receipt of Documents and Objects, in accordance with Model No. 6 issued together with this Circular;

c) Prepare the Handover and Receipt Record for Documents and Objects, in accordance with Model No. 5B issued together with this Circular;

d) The Receiver shall hand over the returned documents and objects to the Sender;

g) The Receiver shall provide the Sender with copies of relevant documents and records related to the preservation and utilization of the value of the submitted documents and objects formed during the process of receiving the documents and objects.

3. The maximum time limit for processing the return procedures for documents and objects is five working days from the date when the Sender presents all required documents as stipulated in Clause 1 of this Article; in cases where there is a large volume of documents and objects, both parties may negotiate their own agreement.

4. After returning the documents and objects, the Receiver shall be responsible for storing and retaining relevant records concerning the receipt and return of the documents and objects in accordance with the laws on archiving.

Article 8. Retrieval before contract term, return, and late retrieval of documents and items deposited

1. In cases where the Depositor requests to retrieve all deposited documents and items before the end of the deposit contract term, both parties must carry out procedures related to the delivery and return of deposited documents and items in accordance with Article 7 of this Circular and the agreement between the two parties recorded in the deposit contract.

2. In cases where the Depositor requests to retrieve part of the deposited documents and items before the end of the deposit contract term, both parties must first carry out procedures related to the delivery and return of all deposited documents and items in accordance with Article 7 of this Circular and the agreement between the two parties recorded in the deposit contract, then proceed with the deposit and receipt of additional documents and items according to Clause 4 of Article 6 of this Circular.

3. In cases where the Depositor requests to re-deposit all previously deposited documents and items after the expiration of the deposit contract term and such request is approved by the Custodian, both parties must carry out procedures related to the delivery and return of deposited documents and items in accordance with Article 7 of this Circular, then proceed with the deposit and receipt of documents and items according to Clause 4 of Article 6 of this Circular.

4. Matters arising from the expiration of the deposit contract term where the Depositor fails to retrieve deposited documents and items on time or the Custodian fails to return deposited documents and items on time shall be resolved in accordance with civil law provisions on property custody and the agreement between the two parties recorded in the deposit contract.

Chapter III

IMPLEMENTATION

Article 9. Responsibility for implementation

1. The Heritage Department is responsible for monitoring and inspecting the implementation of this Circular.

2. Organizations and individuals falling within the category of Depositors and Custodians are responsible for implementing this Circular.

Article 10. Provisions on implementation

1. This Circular takes effect from February 15, 2013.

2. During implementation, if any difficulties arise, organizations and individuals are required to promptly report them to the Ministry of Culture, Sports and Tourism for study and amendment./.