Consolidated Document number 3271/VBHN-BVHTTDL stipulates the authority, procedures, and formalities for drafting, 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 processes for establishing, reviewing, and approving plans and projects for preserving, restoring, and revitalizing historical-cultural relics and scenic spots

Decree No. 166/2018/ND-CP dated December 25, 2018, of the Government stipulates the authority, procedures, and processes for establishing, reviewing, and approving plans and projects for preserving, restoring, and revitalizing historical-cultural relics and scenic spots, which took effect from February 15, 2019, and was amended and supplemented by:

Decree No. 67/2022/ND-CP dated September 21, 2022, of the Government amends and supplements Article 4 of Decree No. 166/2018/ND-CP dated December 25, 2018, of the Government stipulating the authority, procedures, and processes for establishing, reviewing, and approving plans and projects for preserving, restoring, and revitalizing historical-cultural relics and scenic spots, which took effect from September 21, 2022.

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

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 Urban Planning Law dated June 17, 2009;

Based on 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 issues this Decree stipulating the authority, procedures, and processes for establishing, reviewing, and approving plans and projects for preserving, restoring, and revitalizing historical-cultural relics and scenic spots^[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation: This Decree provides detailed regulations on the authority, procedures, and processes for establishing, reviewing, and approving plans and projects for preserving, restoring, and revitalizing historical-cultural relics and scenic spots (hereinafter referred to as relics).

2. Applicability: This Decree applies to organizations and individuals in Vietnam when conducting activities to establish, review, and approve plans and projects for preserving, restoring, and revitalizing relics; and foreign organizations and individuals related to the preservation, restoration, and revitalization of relics within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Preservation, Restoration, and Revitalization Plan for Relics is the process of determining the content and methods of preserving, restoring, and revitalizing the original elements of relics, guiding the organization of spatial arrangements for new construction projects, technical infrastructure systems, and creating suitable landscape environments in the relic area (hereinafter referred to as the relic plan).

2. Preservation, Restoration, and Revitalization Project for Relics is a collection of proposals for methods to preserve, restore, and revitalize the original elements of relics, natural landscapes, ecological environments, and other related factors aimed at protecting and enhancing the value of relics (hereinafter referred to as the restoration project for relics).

3. Economic and Technical Report for Preserving, Restoring, and Revitalizing Relics is a small-scale preservation, restoration, and revitalization project for relics established according to the provisions of the Construction Law and this Decree (hereinafter referred to as the economic and technical report for restoring relics).

4. Standards for Preserving, Restoring, and Revitalizing Relics are mandatory regulations applicable in the activities of preserving, restoring, and revitalizing relics issued by competent state management agencies regarding cultural heritage.

5. Criteria for Preserving, Restoring, and Revitalizing Relics are technical norms, economic and technical quotas, implementation procedures, technical indicators, and natural indices issued or recognized by competent authorities for application in the activities of preserving, restoring, and revitalizing relics. Criteria for preserving, restoring, and revitalizing relics include mandatory criteria and recommended criteria.

6. Review of Restoration Projects and Economic and Technical Reports for Restoring Relics is the opinion of the state management agency regarding cultural heritage on the content of preserving, restoring, and revitalizing relics proposed by the project to serve as a basis for the investor to consider, adjust, supplement, and perfect the project and economic and technical reports before deciding to approve or submit them to the competent authority for approval according to current regulations.

Article 3. Basic principles in the activities of establishing, reviewing, and approving heritage site planning and restoration projects

1. Comply 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. Be consistent with the objectives of economic and social development strategies, national defense, security, and sectoral development plans within the approved planning area; ensure technical infrastructure synchronization, harmonious landscape and architectural design in the region.

3. Ensure the preservation of the maximum original elements of heritage sites; create favorable conditions for the protection and enhancement of heritage values.

4. Heritage site planning must be established and approved with a planning period of 10 years and a vision from 20 to 30 years.

5. Organizations and individuals participating in the establishment of tasks for the conservation, restoration, and recovery of heritage sites (hereinafter referred to as heritage site planning establishment tasks), heritage site planning, restoration project establishment, and economic-technical report establishment for heritage site restoration must have the necessary qualifications for practicing heritage conservation, restoration, and recovery according to legal regulations on cultural heritage and construction.

6. Adhere to standards and criteria for heritage conservation, restoration, and recovery, and be consistent with approved planning.

Article 4. Costs for establishing, reviewing, approving, publishing, adjusting, and evaluating heritage site planning^[2]

Costs for establishing, reviewing, approving, publishing, adjusting, and evaluating heritage site planning shall be sourced from regular budget funds according to legal regulations on state budget management.

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

Article 5. Establishing heritage site planning

1. Heritage site planning is established for a world cultural and natural heritage, a special national heritage, or a cluster of national heritages at the provincial level that form 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 or a special national heritage 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 heritage site planning will be established, incorporating content between heritage protection and resource protection, biodiversity, fishery resources, geological and geomorphological resources, community rights and obligations according to legal regulations on planning, cultural heritage, forestry, fisheries, and other relevant legal provisions.

Article 6. Procedures in heritage site planning activities

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

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

3. Conduct surveys, prepare files (drawings, descriptions) assessing the historical, cultural, scientific, and aesthetic value of heritage sites and intangible cultural heritage within the planning scope; regarding the organization of heritage site protection and value enhancement.

4. Solicit opinions from organizations and individuals related to improve the heritage site planning establishment tasks.

5. Establish, review, and approve the heritage site planning establishment tasks.

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

7. Establish heritage site planning.

8. Solicit opinions from organizations and individuals about the heritage site planning.

9. Incorporate opinions from organizations and individuals.

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

11. Publish the approved heritage site planning at the heritage site.

12. Set boundary markers according to the approved heritage site planning.

Article 7. Content of the Task to Prepare Heritage Site Planning

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

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

3. Propose the scope of research planning and the scope of planning.

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

5. Determine the implementation plan for the planning.

Article 8. Documentation for the Task to Prepare Heritage Site Planning

The documentation for the task to prepare heritage site planning includes:

1. Presentation for review or approval of the task to prepare heritage site planning according to Model No. 01 attached to this Decree.

2. Report explaining the task to prepare heritage site planning.

3. Maps:

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

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

c) Map identifying protected areas of the heritage site;

d) Map identifying the scope of research planning and the scope of planning.

4. Opinions of organizations, individuals related to the heritage site; community living in the area with the heritage site.

5. Draft decision on approving the task to prepare heritage site planning including the main contents prescribed in Article 7 of this Decree.

Article 9. Content of Heritage Site Planning

1. Basis for preparing heritage site planning includes:

a) Legal documents related to planning;

b) Contents relevant to the development strategy of economy and society, national defense, and security of the locality where the heritage site is located, which have been approved;

c) Approved task to prepare heritage site planning;

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

e) Opinions of organizations, individuals related to the heritage site; community living in the area with the heritage site.

2. Analysis and evaluation of the current status of heritage sites and land belonging to heritage sites including:

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

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

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

3. Long-term perspective and short-term goals.

4. Determination of boundaries of heritage site protection zones, recommendations for adjusting expansion or reduction of heritage site protection zones; identification of natural scenic areas, restricted construction areas, new construction areas; proposal for additional ranking of newly discovered works and locations.

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

6. Orientation for enhancing the value of heritage sites linked to sustainable tourism development.

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

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

9. Proposal for component projects, phased investment, priority order, and funding sources for that component project.

10. Proposal for mechanisms, policies, and solutions to implement heritage site planning.

Article 10. Documentation for Heritage Site Planning

The documentation for heritage site planning includes:

1. The application for review 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 of the location of the heritage site and its relationship with other heritage sites in the study area, scale 1:5,000 - 1:15,000;

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

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

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

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

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

Article 11. Authority to Establish, Review, 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 provincial People's Committee and 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 provincial People's Committee to take the lead and be responsible for establishing tasks and plans for heritage site planning.

2. Authority to review 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 review 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 provincial People's Committee or the head of the ministry or sector directly managing the heritage site; reviews tasks and plans for national heritage sites upon the proposal of the Chairman of the provincial People's Committee or the head of the ministry or sector directly managing the heritage site;

c) The Chairman of the provincial People's Committee 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 review 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 review opinion of the Minister of Culture, Sports and Tourism and the agreement opinion of the Chairman of the provincial People's Committee where the heritage site is located; approves tasks and plans for provincial-level heritage sites within their management authority after receiving the agreement opinion of the Chairman of the provincial People's Committee where the heritage site is located;

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

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

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

a) For tasks to establish plans and heritage site plans of 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 one set of files directly or through postal service 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 files, the Minister of Culture, Sports and Tourism shall be responsible for organizing the review.

In case of incomplete and valid files, within 15 working days from the date of receiving the files, the Minister of Culture, Sports and Tourism shall issue a document requesting to supplement and perfect the files.

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

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

In case of incomplete and valid files, within 15 working days from the date of receiving the files, the Chairman of the People's Committee of the province shall issue a document requesting to supplement and perfect the files.

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

a) For tasks to establish plans and heritage site plans of 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 plans and heritage site plans of 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 People's Committee of the province to approve.

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

In case of incomplete and valid files, within 15 working days from the date of receiving the files, the Chairman of the People's Committee of the province shall issue a document requesting to supplement and perfect the files;

c) For tasks to establish plans 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 to approve.

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

In case of incomplete and valid files, within 15 working days from the date of receiving the files, the Head of the ministry or sector directly managing the heritage site shall issue a document requesting to supplement and perfect the files.

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 economic and social development strategies, national defense, and security that affects the heritage site;

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

c) New discoveries about heritage sites within the planning area are made.

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 is 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 Planning Law.

Chapter III. PROJECTS FOR REPAIRING HERITAGE SITES AND ECONOMIC-TECHNICAL REPORTS ON REPAIRING HERITAGE SITES

Article 15. Contents of the project for repairing heritage sites

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

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

b) An overview of the cultural relic and its historical, cultural, scientific, and aesthetic values;

c) Detailed survey report on historical, archaeological, cultural, architectural, artistic issues, construction process, repair process, technical aspects, building materials of the heritage site; assessment of the technical condition, management, protection, and utilization of the value of the heritage site and the results of surveys in accordance with 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 of the heritage site and schemes for: Evacuation 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 architectural 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 impacts and community health.

In cases where the project uses land for heritage sites but does not belong to the project for repairing heritage sites, 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 heritage sites 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.

a) Drawings and reference images related to the formation, existence, changes, and previous preservation, restoration, and repair processes of the cultural relic;

3. The basic 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 drawings of the heritage site include:

- Administrative map of the province showing the location of the heritage site at a scale of 1:50,000;

- Overall current layout drawing of the heritage site at a scale of 1:500;

- Current layout, elevation, and section drawings of each component of the structure, current drawings of each part of the structure 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 layout drawing of the heritage site at a scale of 1:500;

- Design drawings of the layout, elevation, and section of each component of the structure, design drawings of each part of the structure 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 statement:

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

- General introduction to the heritage site and its historical, cultural, scientific, and aesthetic values;

- Results of surveys on the technical condition of the heritage site or objects within the heritage site that need 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;

- Maintenance scheme for the heritage site after completing the project;

- Budget estimate and sources of funds for implementation;

- Project schedule.

b) Color photographs measuring 10 x 15 cm taken at the time of survey, showing the technical condition of the structures and objects that need preservation;

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

- Drawings and reference images related to previous preservation efforts;

- Current drawings of each part of the structure and objects that need preservation at a scale of 1:50;

- Design drawings of each part of the structure 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) The preservation, repair, and restoration of cultural relics only involve reinforcing and making 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) Renovating structures that do not contain original elements constituting the value of the cultural relic or constructing 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;

- General introduction to 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;

- Plans for preserving, repairing, and restoring the cultural relic, including minor repairs to simple components, and plans for protecting the cultural relic and artifacts during construction; preventing pests, fire, and explosions; constructing 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 included in 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 site plan drawings at a scale of 1:500; current status plan, elevation, and section drawings of each component of the structure within the cultural relic at a scale of 1:50;

- Reinforcement and minor repair design drawings of simple components, including overall site plan drawings at a scale of 1:500; design plan, elevation, and section drawings of each component of the cultural relic; detailed design drawings of preserved, repaired, and restored parts at a scale of 1:50;

- Design drawings for renovating old structures or constructing new ones according to laws on construction;

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

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

1. Based on the approved list of component projects in the cultural relic planning scheme, the deterioration of the cultural relic, and the ability to allocate investment funds from the state budget or to mobilize other sources of funding in accordance with laws on investment and public investment, the Chairman of the Provincial People's Committee or the head of the ministry or sector directly managing the cultural relic decides to establish repair projects, prepare economic and technical reports for the repair and preservation of cultural relics, and select the project investors.

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

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

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

a) The Minister of Culture, Sports and Tourism reviews repair projects 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 request of the Chairman of the Provincial People's Committee or the head of the ministry or sector directly managing the cultural relic;

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

2. Authority to approve repair projects 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 sector directly managing the cultural relic approves repair projects and economic and technical reports for the repair and preservation of 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 repair projects and economic and technical reports 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 projects and economic-technical reports on restoration of cultural relics

1. A proposal for reviewing the restoration project and economic-technical report on restoration of cultural relics according to Model No. 03 attached to this Decree or a document requesting approval of the restoration project and economic-technical report on restoration of cultural relics according to Model No. 04 attached to this Decree.

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

3. The review document of the competent authority as stipulated 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

2. Establish Feasibility Study Reports for the preservation, restoration, and repair of cultural relics,

2. Establishing restoration projects and economic-technical reports 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 restoration projects and economic-technical reports on restoration of cultural relics.

6. Announcing the approved restoration project and economic-technical report on restoration of cultural relics at the cultural relic within 15 working days from the date of approval of the project and economic-technical report, including the following contents:

a) Explanation 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 restoration 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 on restoration of cultural relics.

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

1. Reviewing restoration projects and economic-technical reports on restoration of cultural relics:

a) For restoration projects and economic-technical reports on restoration of cultural relics that are world cultural and natural heritages, special national relics, and national relics, the Chairman of the People's Committee of the province or the head of the ministry or sector directly managing the cultural relic 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 20 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 into a written agreement or a written suggestion for adjustment and supplementation.

In case of incomplete valid documents, within 5 working days from the date of receiving the documents, the Minister of Culture, Sports and Tourism shall issue a document requesting to complete 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 20 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 into a written agreement or a written suggestion for adjustment and supplementation.

In case of incomplete valid documents, within 5 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 to complete the documents.

c) In case of cultural relics with a risk of destruction or requiring urgent restoration and enhancement for special political tasks, the review period for restoration projects and economic-technical reports on restoration of cultural relics is 7 working days.

2. Approving restoration projects and economic-technical reports 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 People's Committee of the province or the head of the ministry or sector directly managing the cultural relic or the authorized person for approval.

Within 20 working days from the date of receipt of valid documents, the Chairman of the People's Committee of the province or the head of the ministry or sector directly managing the cultural relic or the authorized person shall be responsible for approving.

In case of incomplete valid documents, within 5 working days from the date of receiving the documents, the Chairman of the People's Committee of the province or the head of the ministry or sector directly managing the cultural relic or the authorized person shall issue a document requesting to complete the documents.

b) For restoration projects and economic-technical reports on restoration of cultural relics as stipulated in point c, Clause 1 of this Article, the approval period is 7 working days.

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

1. The investor of the 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 as stipulated 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 laws on construction.

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, economic-technical reports on relic repairs

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

a) New discoveries about the relic;

b) Relevant relic planning is adjusted;

c) The emergence of new factors capable of destroying or posing a risk of destruction to the cultural heritage site;

d) Other cases as prescribed by the laws on construction.

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

Chapter IV. IMPLEMENTING PROVISIONS^[3]

Article 24. Implementation Organization

1. The 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 organizing the implementation of this Decree.

2. The Minister of Culture, Sports and Tourism shall issue cost standards for preparing relic planning, relic repair projects, economic-technical reports on relic repairs, and design and construction drawings for relic repairs after obtaining the unified opinions 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, prescribing the authority, procedures, and formalities for preparing, reviewing, and approving planning, projects for preservation, repair, and restoration of historical-cultural relics and scenic spots.

Article 26. Transitional Provisions

1. Tasks of preparing relic planning, relic planning, relic repair projects, and economic-technical 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 specified period.

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

ANNEX

(Attached to Government Decree No. 166/2018/NĐ-CP dated December 25, 2018)

Form No. 01

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

On the Review/Approval of the Task of Preparing Relic Planning

Respectfully submitted to: (The main reviewing agency/approving agency)

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 Government Decree No.   /2018/NĐ-CP dated  month   year 2018 prescribing the authority, procedures, and formalities for preparing, reviewing, and approving planning, projects for preservation, repair, and restoration of historical-cultural relics and scenic spots;

Other relevant legal bases…

(Name of organization) submits to (The main reviewing agency/approving agency) for review/approval (Name of the Task of Preparing Relic Planning) with the following main contents:

I. CONTENTS OF THE TASK OF PREPARING RELIC PLANNING

1. Name of the Task of Preparing Relic Planning:…

2. Scope of research for relic planning preparation and scope of relic planning preparation:

a) Scope of research for relic planning preparation:…

b) Scope of relic planning preparation:…

c) Boundaries of relic planning preparation:

- North bordering…

- South bordering…

- East bordering…

- West bordering…

3. Main contents of the Task of Preparing Relic Planning:

a) Determination of requirements for research, survey, and evaluation of the current status of relics.

b) Determination of distinctive features and outstanding values of relics.

c) Contents and orientation for preservation, repair, and restoration of relics.

d) Orientation for architectural space organization, landscape, and new construction.

đ) Plan for implementing relic planning.

4. Components of the dossier:

The components of the dossier as prescribed in Government Decree No.   /2018/NĐ-CP dated month year 2018 on the authority, procedures, and formalities for preparing, reviewing, and approving planning, projects for preservation, repair, and restoration of historical-cultural relics and scenic spots and other relevant construction laws. Specifically:

a) Report explaining the Task of Preparing Relic Planning.

b) Maps.

c) Copies of opinions of related organizations and individuals; community where the relic is located.

d) Review documents of the Task of Preparing Relic Planning (for approval cases) and other related documents.

5. Budget for implementing relic planning:…

6. Organization of implementation:

a) Time for preparing relic planning:…

b) Assignment of responsibilities:

- Approving agency:…

- Reviewing and submitting agency:…

- Management agency for relic planning preparation:…

- Investor:…

II. CONTENTS OF COLLECTING OPINIONS FROM RELATED ORGANIZATIONS

1. Opinions from related organizations:

a) Opinions from…

b) Opinions from…

c) Opinions from…

2. Opinions of the Review Committee for the Task of Preparing Relic Planning (in case of approving the Task of Preparing Relic Planning):…

(Name of organization) submits to (reviewing agency/approving agency) for consideration, review/approval of the Task of Preparing Relic Planning…/.

Form No. 02

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

On the Review/Approval of Relic Planning

Respectfully submitted to: (The main reviewing agency/approving agency)

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 Government Decree No.    /2018/NĐ-CP dated  month   year 2018 prescribing the authority, procedures, and formalities for preparing, reviewing, and approving planning, projects for preservation, repair, and restoration of historical-cultural relics and scenic spots;

Other relevant legal bases…

(Name of organization) submits to (Reviewing agency/approving agency) for review and approval of relic planning (Name of relic planning) with the following main contents:

I. GENERAL INFORMATION ON RELIC PLANNING

1. Name of planning:…

2. Name of the agency organizing relic planning preparation:…

3. Investor of relic planning preparation:…

4. Consulting unit for planning heritage sites:...

II. CONTENTS OF HERITAGE SITE PLANNING

1. Objectives of heritage site planning:

2. Scope and boundaries for heritage site planning:

a) Scope of heritage site planning, including:...

b) The boundaries of heritage site planning are determined as follows:

- North bordering…

- South bordering…

- East bordering…

- West bordering…

3. Contents of heritage site planning:

a) Analysis and evaluation of the current status of heritage sites and land within heritage sites:

- Technical condition, management, protection of heritage sites and natural and social environments affecting heritage sites:

- Characteristics and value of heritage sites:...

- Relationship with other heritage sites in the research area:...

b) Orientation for preservation, restoration, and repair of heritage sites:

- Adjustment, expansion, or reduction of the protected area around heritage sites:...

- Directions for preservation, restoration, and repair of heritage sites:...

- List of works requiring preservation, restoration, and repair:...

- Principles and basic solutions for preservation, restoration, and repair of heritage sites: ...

c) Orientation for spatial planning to conserve and enhance the value of heritage sites:

- Functional zoning:...

- Orientation for organizing space, restoring architectural landscape of heritage sites: ...

- Solutions for tourism development:...

d) Orientation for technical infrastructure planning:

- Transportation:...

- Land leveling:...

- Water supply:...

- Drainage and environmental sanitation:...

- Electricity supply:...

- Telecommunications:...

đ) Determination of component project groups and priority projects for investment:

- Component project groups:

+ Group 1 project:...

+ Group 2 project:...

- Priority projects for investment phase:...

Implementation period of the Planning: From year  to year, specifically:

+ Phase 1:...

+ Phase 2:...

- Investment capital:

+ Central government budget capital:...

+ Local government budget capital:...

+ Other legitimate sources of capital:...

e) Solutions and mechanisms for implementing heritage site planning:

- Solutions:

+ Management solutions:...

+ Investment solutions:...

+ Human resource development solutions:...

+ Implementation mechanisms:...

4. Implementation:

- Heritage site management organizations responsible for performing tasks:...

- Responsibilities of related organizations:...

III. CONTENTS OF ADOPTING OPINIONS FROM RELATED ORGANIZATIONS

1. Opinions from related agencies:...

2. Opinions of the Heritage Site Planning Review Board (in cases of approving heritage site planning):

(Name of organization) respectfully submits to (reviewing authority/approving authority) for consideration, review/approval of the heritage site planning.../.

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

Reviewing the project for repairing heritage sites/report on economic and technical repairs of heritage sites

Respectfully submitted to: (Reviewing authority)

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 Decree No.  /2018/NĐ-CP dated  month  year 2018 of the Government stipulating authorities, procedures, and processes for establishing, reviewing, and approving heritage site planning, preservation, restoration, and repair projects of historical-cultural relics and scenic spots;

Other relevant legal bases…

(Name of organization) submits to (Reviewing authority) for review of the heritage site repair project/report on economic and technical repairs of heritage sites (Name of heritage site repair project/report on economic and technical repairs of heritage sites) with the main contents as follows:

I. GENERAL INFORMATION ON THE HERITAGE SITE REPAIR PROJECT/ECONOMIC AND TECHNICAL REPORT ON HERITAGE SITE REPAIR

1. Name of the heritage site repair project/economic and technical report on heritage site repair:...

2. Location:...

3. Name of the investor and contact information (address, phone number,...):...

4. Contractor for the heritage site repair project/economic and technical report on heritage site repair:...

5. Main contents of the heritage site repair project/economic and technical report on heritage site repair:

- Current status of heritage sites.

- Objectives of the heritage site repair project/economic and technical report on heritage site repair.

- Views, principles of preservation, repair, and restoration of heritage sites.

- Proposals for preservation, repair, restoration, and new construction items.

- Plans to enhance the value of heritage sites.

6. Budget estimate for implementation:...

7. Sources of funding for implementation:...

8. Implementation time:...

9. Additional information (if any):...

II. LIST OF DOCUMENTS ATTACHED WITH THE SUBMISSION

1. Legal documents:

- Decision on ranking heritage sites; map delineating the protected area around heritage sites.

- Approved heritage site planning by competent authorities (if any).

- Other relevant legal documents (if any).

2. Opinions of organizations and individuals related to the heritage site repair project/economic and technical report on heritage site repair.

3. Heritage site repair project/economic and technical report on heritage site repair.

4. Qualification documents of contractors for the heritage site repair project/economic and technical report on heritage site repair.

(Name of organization) respectfully submits to (Reviewing authority) for review of the heritage site repair project/economic and technical report on heritage site repair (Name of heritage site repair project/economic and technical report on heritage site repair) with the above contents./.

Form number 04

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

Approving the heritage site repair project/economic and technical report on heritage site repair

Respectfully submitted to: (Approving authority)

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 Decree No.     /2018/NĐ-CP dated    month    year 2018 of the Government stipulating authorities, procedures, and processes for establishing, reviewing, and approving heritage site planning, preservation, restoration, and repair projects of historical-cultural relics and scenic spots;

Other relevant legal bases…

(Name of organization) respectfully submits to (Approving authority) for approval of the heritage site repair project/economic and technical report on heritage site repair (Name of heritage site repair project/economic and technical report on heritage site repair) with the main contents as follows:

I. GENERAL INFORMATION ON THE HERITAGE SITE REPAIR PROJECT/ECONOMIC AND TECHNICAL REPORT ON HERITAGE SITE REPAIR

1. Name of the heritage site repair project/economic and technical report on heritage site repair:...

2. Location:...

3. Name of the investor and contact information (address, phone number,...): …

4. Contractor for the heritage site repair project/economic and technical report on heritage site repair: …

5. Main contents of the heritage site repair project/economic and technical report on heritage site repair:

- Current status of heritage sites.

- Objectives of the heritage site repair project/economic and technical report on heritage site repair.

- Views, principles of preservation, repair, and restoration of heritage sites.

- Review comments and explanations, and adoption of the investor's opinions on the review comments.

- Proposals for preservation, repair, restoration, and new construction items.

- Plans to enhance the value of heritage sites.

6. Budget estimate for implementation:...

7. Sources of funding for implementation:...

8. Implementation time:...

II. LIST OF DOCUMENTS ATTACHED WITH THE SUBMISSION

1. Legal documents:

- Review document.

- Decision on ranking heritage sites; map delineating the protected area around heritage sites.

- Approved heritage site planning by competent authorities (if any).

- Other relevant legal documents (if any).

2. Opinions of organizations and individuals regarding the heritage site repair project/economic and technical report on heritage site repair.

3. Heritage site repair project/economic and technical report on heritage site repair.

4. Qualification documents of contractors for the heritage site repair project/economic and technical report on heritage site repair.

(Name of organization) respectfully submits to (Approving authority) for approval of the heritage site repair project/economic and technical report on heritage site repair (Name of heritage site repair project/economic and technical report on heritage site repair) with the above contents./.

^{_____________________________________}

^[1] Decree No. 67/2022/NĐ-CP dated September 21, 2022 of the Government amending and supplementing Article 4 of Decree No. 166/2018/NĐ-CP dated December 25, 2018 of the Government stipulating authorities, procedures, and processes for establishing, reviewing, and approving heritage site planning, preservation, restoration, and repair projects of historical-cultural relics and scenic spots has the following basis for issuance:

"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Cultural Heritage dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage dated June 18, 2009;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Planning Law dated November 24, 2017;

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

The Government promulgates the Decree amending and supplementing Article 4 of Decree No. 166/2018/NĐ-CP dated December 25, 2018 of the Government stipulating the competence, procedures, and formalities for establishing, examining, approving planning schemes and projects for preserving, repairing, and restoring historical-cultural relics and scenic spots.

^[2] This is amended and supplemented pursuant to Article 1 of Decree No. 67/2022/NĐ-CP dated September 21, 2022 of the Government amending and supplementing Article 4 of Decree No. 166/2018/NĐ-CP dated December 25, 2018 of the Government stipulating the competence, procedures, and formalities for establishing, examining, approving planning schemes and projects for preserving, repairing, and restoring historical-cultural relics and scenic spots, which shall take effect from September 21, 2022.

^[3] Articles 2 and 3 of Decree No. 67/2022/NĐ-CP dated September 21, 2022 of the Government amending and supplementing Article 4 of Decree No. 166/2018/NĐ-CP dated December 25, 2018 of the Government stipulating the competence, procedures, and formalities for establishing, examining, approving planning schemes and projects for preserving, repairing, and restoring historical-cultural relics and scenic spots, which shall take effect from September 21, 2022, are hereby prescribed as follows:

"Article 2. Responsibility for organizing implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of all levels of People's Committees, and organizations and individuals concerned are responsible for implementing this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from the date of signature.

2. Transitional provisions:

The tasks of establishing plans for relics, where such plans have been approved before the date on which this Decree takes effect, the costs for establishing, examining, approving, announcing, adjusting, and evaluating plans for preserving, repairing, and restoring relics shall continue to be implemented in accordance with Article 9 of the Law on Planning./.