Decision No. 23/2016/QĐ-TTg on the procedures for temporarily exporting national treasures abroad for exhibition, research, or preservation purposes.

 

Pursuant to …;

REGULATIONS ON THE EXPORT OF NATIONAL TREASURES OUTSIDE THE COUNTRY FOR TEMPORARY DISPLAY, EXHIBITION, RESEARCH, OR PRESERVATION

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Law on Cultural Heritage dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage 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;

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

The Prime Minister issues this Decision on regulations concerning the export of national treasures outside the country for temporary display, exhibition, research, or preservation.

Article 1. Scope of Regulation

This Decision stipulates the dossier, procedures, formalities, and authority for the export of national treasures outside the country for temporary display, exhibition, research, or preservation (hereinafter referred to as exporting national treasures outside the country).

Article 2. Applicability

Ministries, sectors, central-level political organizations, central-level political-social organizations, People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees); public museums, non-public museums; organizations and individuals who are owners or entrusted with the management of historical-cultural relics and scenic spots (hereinafter referred to as relics); organizations and individuals who are owners of national treasures.

Article 3. Cases of Exporting National Treasures Outside the Country

National treasures may be exported outside the country in the following cases:

1. To serve state-level diplomatic activities of the General Secretary, President, Prime Minister, and Chairman of the National Assembly (hereinafter referred to as state-level diplomatic activities).

2. To implement international cooperation programs to introduce and promote Vietnam's history, culture, land, and people at a significant national scale, organized by ministries, sectors, or localities.

3. To implement international cooperation plans for researching or preserving national treasures.

Article 4. Principles for Exporting National Treasures Outside the Country

1. Must ensure the conditions prescribed in Article 44 of the Cultural Heritage Law.

2. Must develop a plan to ensure security, safety, and prevent damage to national treasures during transportation abroad, temporary storage abroad, and return to Vietnam.

3. Must determine the monetary value of national treasures as the basis for purchasing insurance.

4. Are exempt from physical inspection when handling customs formalities at border gates.

5. National treasures currently being protected and utilized at relics can only be exported for research, preservation, or state-level diplomatic activities.

6. National treasures belonging to non-public museums and privately-owned national treasures can be exported according to Clause 2 and Clause 3 of Article 3 of this Decision when a public museum represents the owner in cooperation with foreign partners.

7. Foreign partners receiving national treasures must ensure legality, have appropriate facilities, scientific, technical, and technological capabilities suitable for displaying, exhibiting, researching, or preserving.

Article 5. Dossier for Requesting the Export of National Treasures Outside the Country

1. Confirmation document of agreement or request document for exporting national treasures outside the country as follows:

a) In the case of exporting national treasures outside the country as prescribed in Clause 1 of Article 3 of this Decision: A confirmation document of agreement to participate in the export of national treasures outside the country issued by the Minister, head of the sector, central-level political organization, central-level political-social organization, Chairperson of the provincial-level People's Committee, organization, or individual who is the owner or entrusted with the management of relics containing national treasures, or the owner of national treasures;

b) In the case of exporting national treasures outside the country as prescribed in Clause 2 and Clause 3 of Article 3 of this Decision: A request document issued by the Minister, head of the sector, central-level political organization, central-level political-social organization, or Chairperson of the provincial-level People's Committee (Form No. 01).

2. List of national treasures to be exported outside the country (Form No. 02).

3. Certified copy and certified Vietnamese translation of the principle agreement document regarding the export of national treasures outside the country.

4. Certified copy and certified Vietnamese translation of the principle insurance contract from the receiving party when exporting national treasures outside the country.

5. Description of the content of the display or introduction of national treasures for those exported for display or exhibition, or description of the purpose and expected results of the research or preservation for those exported for research or preservation.

6. Agreement between non-public museums or organizations and individuals who are owners of national treasures with public museums representing them in cooperation with foreign partners for national treasures belonging to non-public museums or private ownership.

Article 6. Procedure for Exporting National Treasures Abroad to Serve State-Level Diplomatic Activities

1. The Minister of Culture, Sports and Tourism shall send a notification document regarding the purpose and requirements for cooperation in exporting national treasures abroad (accompanied by a list of national treasures according to Model No. 02) to relevant ministries, agencies, central-level political organizations, central-level political-social organizations, provincial People's Committees, organizations, and individuals who are owners or managers of cultural relics containing national treasures, and organizations and individuals who are owners of national treasures.

2. Within ten working days from the date of receipt of the notification document, the Minister, heads of ministries, agencies, central-level political organizations, central-level political-social organizations, Chairpersons of provincial People's Committees, organizations, and individuals who are owners or managers of cultural relics containing national treasures, and organizations and individuals who are owners of national treasures shall send a document to the Ministry of Culture, Sports and Tourism confirming their agreement to participate in the export of national treasures abroad; in case of disagreement, they must clearly state the reasons.

3. Within forty-five days from the date of receipt of the confirmation document, the Minister of Culture, Sports and Tourism shall be responsible for establishing a committee to determine the monetary value for purchasing insurance for national treasures being exported abroad; seeking opinions from relevant ministries and agencies; completing the dossier and sending a document requesting the Prime Minister's approval to export national treasures abroad (accompanied by one set of documents as prescribed in Article 5 of this Decision).

4. After receiving the Prime Minister's Decision approving the export of national treasures abroad, the Ministry of Culture, Sports and Tourism shall take the lead and coordinate with related agencies, organizations, and individuals to organize the export of national treasures abroad and bring them back to Vietnam according to the following procedures:

a) Signing a contract for the export of national treasures abroad for exhibition or display, or a contract for the export of national treasures abroad for research or preservation;

b) Requesting foreign partners to complete the purchase of insurance for national treasures according to the signed contract;

c) Implementing the procedures for handover, temporary export, re-entry, and other necessary procedures for exporting national treasures abroad as prescribed;

d) Organizing the export of national treasures abroad;

đ) Within twenty days from the end of the exhibition, display, research, or preservation of national treasures abroad, organizing the return of national treasures to their original storage locations in Vietnam;

e) Reporting to the Prime Minister on the results of implementation immediately after national treasures have been returned to their original storage locations in Vietnam; the report must clearly state the results of the export of national treasures abroad according to the contracts signed with foreign partners and the condition of the national treasures during their time abroad and upon return to Vietnam.

Article 7. Procedure for Exporting National Treasures Abroad under International Cooperation Programs to Introduce and Promote Vietnam's History, Culture, Country, and People

1. For national museums:

a) The Minister, head of the ministry, central-level political organization, or central-level political-social organization managing the national museum shall submit one set of documents as prescribed in Article 5 of this Decision to the Ministry of Culture, Sports and Tourism.

b) Within forty-five days from the date of receipt of the dossier, the Minister of Culture, Sports and Tourism shall be responsible for reviewing, establishing a committee to determine the monetary value for purchasing insurance for national treasures being exported abroad; seeking opinions from relevant ministries and agencies; completing the dossier and submitting a document requesting the Prime Minister's approval to export national treasures abroad (accompanied by one set of documents as prescribed in Article 5 of this Decision); in case of disagreement, a document must be sent explaining the reasons.

c) After receiving the Prime Minister's Decision approving the export of national treasures abroad, the ministry, agency, central-level political organization, or central-level political-social organization shall organize the export of national treasures abroad and bring them back to Vietnam according to the procedures stipulated in points a, b, c, d, and đ of Clause 4 of Article 6 of this Decision.

d) The Ministry of Culture, Sports and Tourism shall take the lead in coordinating with the ministry, agency, central-level political organization, or central-level political-social organization to report to the Prime Minister on the results of implementation as prescribed in point e of Clause 4 of Article 6 of this Decision.

2. For specialized museums:

a) The Minister, head of the ministry, central-level political organization, or central-level political-social organization shall submit one set of documents as prescribed in Article 5 of this Decision to the Ministry of Culture, Sports and Tourism.

b) Within forty-five days from the date of receipt of the dossier, the Minister of Culture, Sports and Tourism shall be responsible for reviewing, establishing a committee to determine the monetary value for purchasing insurance for national treasures being exported abroad; seeking opinions from relevant ministries and agencies; completing the dossier and providing written approval; in case of disagreement, a document must be sent explaining the reasons.

c) Within ten working days from the date of receipt of the written approval from the Minister of Culture, Sports and Tourism, the Minister, head of the ministry, central-level political organization, or central-level political-social organization shall submit a document requesting the Prime Minister's approval to export national treasures abroad (accompanied by one set of documents as prescribed in Article 5 of this Decision and the written approval from the Minister of Culture, Sports and Tourism).

d) After receiving the Prime Minister's Decision approving the export of national treasures abroad, the ministry, agency, central-level political organization, or central-level political-social organization shall organize the export of national treasures abroad and bring them back to Vietnam according to the procedures stipulated in points a, b, c, d, and đ of Clause 4 of Article 6 of this Decision.

đ) The ministry, agency, central-level political organization, or central-level political-social organization shall coordinate with the Ministry of Culture, Sports and Tourism to report to the Prime Minister on the results of implementation as prescribed in point e of Clause 4 of Article 6 of this Decision.

3. For provincial museums, non-state museums, and organizations or individuals who are the owners of national treasures:

a) The Chairman of the People's Committee of the province shall submit one set of documents in accordance with Article 5 of this Decision to the Ministry of Culture, Sports and Tourism.

b) Within forty-five days from the date of receipt of the dossier, the Minister of Culture, Sports and Tourism shall be responsible for reviewing, establishing a committee to determine the monetary value for purchasing insurance for national treasures being exported abroad; seeking opinions from relevant ministries and agencies; completing the dossier and providing written approval; in case of disagreement, a document must be sent explaining the reasons.

c) Within ten working days from the date of receipt of the written approval of the Minister of Culture, Sports and Tourism, the Chairman of the People's Committee of the province shall send a request to the Prime Minister for permission to take national treasures out of the country (accompanied by one set of documents in accordance with Article 5 of this Decision and the written approval of the Minister of Culture, Sports and Tourism).

d) After receiving the Prime Minister's Decision allowing the taking of national treasures out of the country, the People's Committee of the province shall organize the implementation of taking national treasures out of the country and bringing them back to Vietnam according to the procedures stipulated in points a, b, c, d and đ of Clause 4, Article 6 of this Decision.

đ) The People's Committee of the province shall cooperate with the Ministry of Culture, Sports and Tourism to report to the Prime Minister on the results of implementation in accordance with Point e of Clause 4, Article 6 of this Decision.

Article 8. Procedures and formalities for taking national treasures out of the country under international cooperation plans for research or preservation

1. In cases where national treasures are being protected and their value promoted at heritage sites managed by central ministries, sectors, political organizations, or political-social organizations:

a) The Minister, head of the sector, or leader of the central political organization or political-social organization managing the heritage site shall submit one set of documents in accordance with Article 5 of this Decision to the Ministry of Culture, Sports and Tourism.

b) Within forty-five days from the date of receipt of the documents, the Minister of Culture, Sports and Tourism shall be responsible for reviewing, establishing a committee to determine monetary value for insurance purposes for the national treasures to be taken out of the country; seeking opinions from relevant ministries and sectors, including opinions on whether taking national treasures currently stored, protected, and promoted at the heritage site out of the country will affect the architectural structure of the heritage site; completing the documents and providing written approval; in cases where approval is not given, a written response must be provided stating the reasons.

c) Within ten working days from the date of receipt of the written approval from the Minister of Culture, Sports and Tourism, the Minister, head of the ministry, central-level political organization, or central-level political-social organization shall submit a document requesting the Prime Minister's approval to export national treasures abroad (accompanied by one set of documents as prescribed in Article 5 of this Decision and the written approval from the Minister of Culture, Sports and Tourism).

d) Central ministries, sectors, political organizations, or political-social organizations shall organize the implementation of taking national treasures out of the country and bringing them back to Vietnam according to the procedures stipulated in points a, b, c, d and đ of Clause 4, Article 6 of this Decision; cooperate with the Ministry of Culture, Sports and Tourism to report to the Prime Minister on the results of implementation in accordance with Point e of Clause 4, Article 6 of this Decision.

2. In cases where national treasures are being protected and their value promoted at heritage sites owned by organizations or individuals or entrusted to manage:

a) The Chairman of the People's Committee of the province shall submit one set of documents in accordance with Article 5 of this Decision to the Ministry of Culture, Sports and Tourism.

b) Within forty-five days from the date of receipt of the documents, the Minister of Culture, Sports and Tourism shall be responsible for reviewing, establishing a committee to determine monetary value for insurance purposes for the national treasures to be taken out of the country; seeking opinions from relevant ministries and sectors, including opinions on whether taking national treasures currently stored, protected, and promoted at the heritage site out of the country will affect the architectural structure of the heritage site; completing the documents and providing written approval; in cases where approval is not given, a written response must be provided stating the reasons.

c) Within ten working days from the date of receipt of the written approval of the Minister of Culture, Sports and Tourism, the Chairman of the People's Committee of the province shall send a request to the Prime Minister for permission to take national treasures out of the country (accompanied by one set of documents in accordance with Article 5 of this Decision and the written approval of the Minister of Culture, Sports and Tourism).

d) The People's Committee of the province shall organize the implementation of taking national treasures out of the country and bringing them back to Vietnam according to the procedures stipulated in points a, b, c, d and đ of Clause 4, Article 6 of this Decision; cooperate with the Ministry of Culture, Sports and Tourism to report to the Prime Minister on the results of implementation in accordance with Point e of Clause 4, Article 6 of this Decision.

Article 9. Council for Determining the Value in Currency to Purchase Insurance for National Treasures Exported Abroad

1. The Council for Determining the Value in Currency to Purchase Insurance for National Treasures Exported Abroad (hereinafter referred to as the Council) shall be established by the Minister of Culture, Sports and Tourism.

2. The composition of the Council includes: representatives from the leadership of the Ministry of Culture, Sports and Tourism, who also serve as the Chair of the Council; representatives from the leadership of the Ministry of Finance; representatives from relevant agencies, organizations, individuals, and experts in fields related to national treasures being exported abroad.

3. The conclusions of the Council shall serve as the basis for the Minister of Culture, Sports and Tourism to decide on the insurance purchase amount for national treasures exported abroad.

Article 10. Responsibilities for Coordination and Implementation

1. Ministry of Culture, Sports and Tourism:

a) Shall bear direct and full responsibility before the Prime Minister for the export of national treasures abroad and their safe return to Vietnam in accordance with regulations.

b) Shall take the lead and coordinate with relevant ministries and sectors to implement procedures and formalities for exporting national treasures abroad to serve state-level diplomatic activities.

c) Shall take the lead or coordinate with relevant ministries and sectors, central political organizations, central political-social organizations, provincial People's Committees, organizations and individuals that are owners or managers of national treasures within heritage sites, and organizations and individuals that are owners of national treasures to implement procedures and formalities for exporting national treasures abroad as stipulated in Clause 2 and Clause 3 of Article 3 of this Decision.

2. Ministry of Foreign Affairs:

a) Shall coordinate with the Ministry of Culture, Sports and Tourism to implement the export of national treasures abroad to serve state-level diplomatic activities.

b) Shall determine the legality, material resources, scientific, technical, and technological capabilities of foreign partners receiving national treasures upon the request of the Ministry of Culture, Sports and Tourism.

c) Shall coordinate in handling procedures and negotiating international cooperation contents related to the export of national treasures abroad.

3. Ministry of Public Security:

a) Shall coordinate with the Ministry of Culture, Sports and Tourism to implement the export of national treasures abroad to serve state-level diplomatic activities.

d) Shall take the lead in coordinating with the Ministry of Culture, Sports and Tourism and relevant ministries and sectors, central political organizations, central political-social organizations, and provincial People's Committees to implement regulations ensuring security and safety for national treasures during transportation abroad, temporary storage abroad, and return to Vietnam.

4. The Ministry of Finance:

Participate in the Council for Determining the Value in Currency to Purchase Insurance for National Treasures Exported Abroad.

5. Ministry of Construction:

Shall coordinate in reviewing and determining whether the export of national treasures currently stored, protected, and utilized at heritage sites will affect the architectural structure of such sites, upon the request of the Ministry of Culture, Sports and Tourism.

6. Relevant Ministries, Sectors, Central Political Organizations, Central Political-Social Organizations, Provincial People's Committees:

a) Shall coordinate with the Ministry of Culture, Sports and Tourism to implement the export of national treasures abroad to serve state-level diplomatic activities.

b) Shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to implement procedures and formalities for exporting national treasures abroad as stipulated in Clause 2 and Clause 3 of Article 3 of this Decision.

c) Shall support organizations and individuals that are owners or managers of national treasures within heritage sites, and organizations and individuals that are owners of national treasures in implementing the export of national treasures abroad.

Article 11. Effective Date

This Decision takes effect from July 25, 2016.

Article 12. Implementation Organization

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under the Central Government, Heads of Agencies and Units, and individuals concerned shall be responsible for organizing the implementation of this Decision.