Decree No. 39/2024/NĐ-CP stipulates measures for managing, protecting, and promoting the value of intangible cultural heritage listed in UNESCO's lists and the national inventory of intangible cultural heritage.

DECREE

PROVISIONS ON MEASURES FOR THE MANAGEMENT, PROTECTION AND ENHANCEMENT OF THE VALUE OF INTANGIBLE CULTURAL HERITAGE LISTED IN THE UNESCO LISTS AND THE NATIONAL INVENTORY OF INTANGIBLE CULTURAL HERITAGE

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

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

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

The Government promulgates this Decree prescribing measures for the management, protection and enhancement of the value of intangible cultural heritage listed in the UNESCO lists and the national inventory of intangible cultural heritage.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree prescribes measures and responsibilities of agencies, organizations, communities, and individuals in managing, protecting, and enhancing the value of various forms of intangible cultural heritage in Vietnam according to the Cultural Heritage Law within the UNESCO lists and the national inventory of intangible cultural heritage (hereinafter referred to as the national inventory).

Article 2. Applicability

This Decree applies to state agencies, organizations, communities, and individuals related to activities of managing, protecting, and enhancing the value of various forms of intangible cultural heritage in Vietnam within the UNESCO lists and the national inventory.

Article 3. Explanation of Terms

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

1. Identification of intangible cultural heritage is the activity of determining the name, type, subject, space, time, vitality, current status, characteristics, and value of the heritage and factors affecting intangible cultural heritage.

2. Research on intangible cultural heritage is the activity of understanding the form of expression, historical characteristics, creative process, reproduction, and social, cultural, and economic functions of a specific form of intangible cultural heritage, as well as its methods of transmission, historical, cultural, and scientific characteristics.

3. Inventory of intangible cultural heritage is the activity of collecting, evaluating, identifying, and systematically presenting information about intangible cultural heritage.

4. Documentation of intangible cultural heritage is the activity of recording and collecting intangible cultural heritage in its current state in different conditions and gathering relevant materials with the aim of building a database of intangible cultural heritage for long-term preservation, retrieval, restoration, introduction, protection, and enhancement of the value of intangible cultural heritage.

5. The community of subjects of intangible cultural heritage (also called the subject community) is a group of individuals residing in a geographic area, sharing common cultural and social characteristics, recognizing one or more forms of intangible cultural heritage as their identity; distinguished from other communities.

6. Practitioners of intangible cultural heritage are members of the subject community of intangible cultural heritage who actively recreate, transmit, convey, innovate, and shape culture within the community for the benefit of the community through the implementation and maintenance of social practices based on specialized knowledge and skills.

7. Artisans in the field of intangible cultural heritage are those who practice, hold, and transmit skills, techniques, secrets, and profound knowledge about intangible cultural heritage.

8. Practice of intangible cultural heritage is the activity that manifests cultural expressions of the community, group, or individual subjects aimed at maintaining vitality, ensuring continuity, content, procedures, components, principles, natural essence, and value of the form of intangible cultural heritage.

9. Expression of intangible cultural heritage is the concrete manifestation through language, actions, gestures, products created by the community, group, or individual during practice to convey content, information, meaning, and value of intangible cultural heritage.

10. Transmission of intangible cultural heritage is the activity of artisans and practitioners including guidance, imparting, and instructing the next generation in skills, techniques, knowledge, cultural expressions, and related content of their intangible cultural heritage through practice or targeted training.

11. Continuity of intangible cultural heritage is the state where intangible cultural heritage is regularly practiced, created, transmitted, and recreated by the subject community, group, or individual.

12. Space of practice of intangible cultural heritage is the place where intangible cultural heritage is created, expressed, maintained, and transmitted by the subject community with full meaning, essence, and value.

13. Vitality of intangible cultural heritage is the ability of the heritage to continue to exist and be transmitted within the subject community with all components, procedures, content, natural essence, and value of intangible cultural heritage.

14. Intangible cultural heritage at risk of disappearance is heritage whose existence, practice, and transmission within the subject community are being obstructed or seriously threatened, making recovery unlikely and potentially leading to its extinction.

15. Protection of intangible cultural heritage is the activity of implementing measures to ensure the vitality of intangible cultural heritage, including identification, documentation, research, preservation, enhancement, practice, transmission, education both inside and outside schools, as well as the recovery of various aspects of the heritage.

16. Restoration of intangible cultural heritage is the activity based on the natural essence and value of the heritage aimed at revitalizing and reinforcing practices, preserving elements, and expressions of the heritage that are changing or threatened with extinction, so that intangible cultural heritage can endure and develop.

17. The UNESCO Lists of Intangible Cultural Heritage (hereinafter referred to as the UNESCO Lists) include: Representative List of the Intangible Cultural Heritage of Humanity (hereinafter referred to as the Representative Lists), Urgent Safeguarding List (hereinafter referred to as the Urgent Safeguarding Lists), Best Practices List for Safeguarding Intangible Cultural Heritage (hereinafter referred to as the Best Practices Lists).

Article 4. Principles in the practice, management, protection, and promotion of the value of intangible cultural heritage

1. Principles in the practice of intangible cultural heritage:

a) The subject community must ensure the continuous nature of the practice of intangible cultural heritage consistent with its value, essence, and function; reduce the risk of loss and disappearance;

b) Ensure the preservation of the value of the heritage through its forms of expression, knowledge, skills, techniques, and related practice spaces; do not introduce inappropriate elements into the heritage;

c) Ensure the comprehensive process of the practice, content, activities, and constituent elements of the heritage with the participation of the subject community in the practice of the heritage;

d) Do not disseminate and practice distorted contents of the heritage;

đ) Do not exploit the practice of the heritage and the title of the heritage for profit or engage in illegal acts and activities;

e) Ensure respect and protection of the religious, belief, custom, sacredness of rituals, and practice spaces of intangible cultural heritage;

2. Principles in the management, protection, and promotion of the value of intangible cultural heritage:

a) Ensure the rights and principles of the practice of intangible cultural heritage of the subject community;

b) Ensure that intangible cultural heritage practices direct individuals and communities towards good cultural values; preserve identity; aim at comprehensive social development; ensure community and societal safety; protect the environment;

c) Ensure respect for cultural diversity, the role of the subject community, and ethnic and regional specificity. Intangible cultural heritage of different communities are all respected equally;

d) Ensure respect for the rights of the subject community to decide on the elements to be protected and promoted of intangible cultural heritage and the form and degree of protection and promotion needed;

đ) Prioritize the protection of intangible cultural heritage at risk of loss and disappearance, heritage of ethnic communities living in mountainous areas, remote regions, border areas, islands, groups of ethnic minorities with special difficulties, heritage of value to the entire community and society;

e) Prioritize the decision-making rights of the subject community for the long-term, continuous existence and practice of the heritage, consistent with the meaning and function of the heritage, consistent with Vietnamese laws on cultural heritage and international documents to which Vietnam is a member;

Article 5. Principles in the use and exploitation of intangible cultural heritage outside of practice activities

The use and exploitation of intangible cultural heritage must ensure compliance with the 2003 UNESCO Convention on the Protection of Intangible Cultural Heritage (hereinafter referred to as the 2003 Convention) and the following principles:

1. Do not exploit the promotion, introduction, publicity, teaching of heritage, the subject community of heritage, and the title of heritage for profit or engage in illegal acts and activities;

2. Do not exploit heritage to carry out discriminatory acts, cultural prejudice, ethnic, regional discrimination;

3. Do not infringe upon, defame, distort the content, meaning, and value of intangible cultural heritage;

4. Do not interfere to change, distort customs, beliefs, sacredness, taboos, secrets in the practice of intangible cultural heritage;

5. Do not create competition, disputes, conflicts, and cultural contradictions between communities, groups, and individuals;

6. Do not obstruct the subject community from practicing heritage, accessing spaces and objects in the practice of heritage, benefiting from the protection and promotion of the value of heritage;

7. Do not exploit protection and promotion activities to go against the right to creative, practice, and enjoy culture of the subject community of heritage;

Chapter II

MANAGEMENT, PROTECTION, AND PROMOTION OF THE VALUE OF INTANGIBLE CULTURAL HERITAGE IN UNESCO LISTS AND NATIONAL CATALOGUES

Article 6. Organization of Inventorying Intangible Cultural Heritage

1. The inventorying of intangible cultural heritage shall be carried out for the following seven types of heritage:

a) Oral traditions and expressions including language and literature, which convey information, transmit knowledge, memories, and cultural and social values through language and writing;

b) Folklore, which includes cultural expressions of the community embodied in works created and practiced by the community, such as stories, legends, anecdotes, epics, fables, jokes, satirical verses, folksongs, proverbs, riddles, and other oral expressions passed down through generations reflecting the culture, customs, beliefs, and perceptions of the community to serve various communal activities;

c) Traditional performing arts, which include cultural expressions of the community manifested through forms of performance created and practiced by the community, such as music, singing, dancing, plays, and other performance forms originating from the community's cultural, spiritual, and productive life and serving the community's cultural expression and enjoyment needs;

d) Social practices, rituals, and festive events, which include cultural expressions of the community practiced through regular ritual activities expressing individual or communal beliefs or aspirations linked to significant events, worldviews, history, and memories;

đ) Traditional festivals, which consist of many ritual cultural expressions created and practiced by the community, carried out periodically in related cultural spaces to fulfill functions such as understanding nature and society, educating character, regulating behavior, human-nature interaction, entertainment, and ensuring historical continuity;

e) Traditional craftsmanship, which includes cultural expressions manifested through the practice and creation of artisans and communities using traditional techniques, forms, decorations, art, and local materials handed down from generation to generation to produce unique products with community cultural identity;

g) Traditional knowledge, which includes cultural expressions formed from historical interactions between the community and its natural and social environment for adaptation, survival, and expressed through experiences, knowledge, flexible and harmonious skills with nature and society;

2. The content of inventorying intangible cultural heritage includes:

a) Identifying and determining the name of the heritage;

b) Identifying and determining the type of heritage;

c) Determining the place name and distribution range of the heritage; for intangible cultural heritage existing at multiple locations within the same province or centrally governed city, specify up to ward, commune, town level;

d) Identifying and determining the subject of the heritage:

For the subject of the heritage being an individual: determine their full name, age, ethnicity, occupation, address, and relevant information about the practice of the heritage;

For the subject of the heritage being a community or group: determine their full name, age, ethnicity, occupation, address, and relevant information about the practice of the heritage by representatives of that community or group;

đ) Identifying the origin and existence process of intangible cultural heritage; forms of expression, practice procedures, architectural works, artifacts, and related cultural spaces along with material and spiritual products created during the practice of intangible cultural heritage;

e) Identifying and determining the current status of heritage practice, sustainability capacity, factors affecting the existence of the heritage, risks, and causes of the heritage's decline;

g) Identifying, determining, and evaluating the historical, cultural, scientific value, and role of intangible cultural heritage in contemporary community life;

h) Proposing protective measures;

i) Establishing a list of related documents on intangible cultural heritage, including publications, field survey materials, and other documents;

k) Other provisions of law related to intangible cultural heritage;

3. The time for inventorying shall be conducted as follows:

a) For intangible cultural heritage listed in the Representative List: every six years or as otherwise provided by UNESCO;

b) For intangible cultural heritage listed in the Urgent Safeguarding List: every four years or as otherwise provided by UNESCO;

c) For intangible cultural heritage listed in the National Inventory: every three years starting from the date of inscription.

Article 7. Organizational bodies for the transmission of intangible cultural heritage subjects

1. Individuals and communities maintaining the activities of transmitting intangible cultural heritage within and outside their communities shall aim to consolidate the quantity and quality of the practice of intangible cultural heritage by artisans, practitioners, and knowledgeable individuals.

2. Forms of transmitting intangible cultural heritage include:

a) Artisans and practitioners teaching knowledge, skills, and cultural expressions to the next generation within the subject community through the practice of intangible cultural heritage;

b) Artisans and practitioners teaching knowledge, skills, and cultural expressions to other communities through targeted training.

3. Local authorities at all levels, agencies, organizations, individuals, and communities shall create conditions to support and ensure the conditions for the transmission activities of intangible cultural heritage listed in UNESCO's lists, the national inventory, and heritage at risk of disappearance or loss.

Article 8. Organization of festivals and introduction of intangible cultural heritage in UNESCO lists and the national inventory

1. Intangible cultural heritage festivals (hereinafter referred to as Festivals) are protection activities committed to UNESCO in the dossier, including: organizing the practice and performance of the subject community; exhibitions, displays, introductions, propaganda, raising awareness and capacity of the community, education, and promotion of intangible cultural heritage.

2. Authority to organize Festivals:

a) The Minister of Culture, Sports and Tourism decides on the organization of Festivals at a scale of two or more provincial administrative units, nationally, and internationally in Vietnam;

b) The Chairman of the People's Committee of provinces and centrally-administered cities decides on the organization of Festivals within their respective areas.

3. Festivals are organized according to scale and periodically as follows:

a) National and international Festivals of all types of intangible cultural heritage organized by competent agencies under the Ministry of Culture, Sports and Tourism every three years;

b) Annual national Festivals of each type of intangible cultural heritage organized by competent agencies under the Ministry of Culture, Sports and Tourism every year;

c) Festivals of intangible cultural heritage with a scope of two or more provinces and centrally-administered cities organized by the Chairman of the People's Committee of provinces and centrally-administered cities with heritage, upon agreement of the remaining provinces and centrally-administered cities, to be held alternately every two years;

d) Festivals of one or more intangible cultural heritage within the scope of one province or centrally-administered city organized by competent agencies under the People's Committee of provinces and centrally-administered cities.

4. Exhibitions and introductions of intangible cultural heritage are organized as follows:

a) Long-term and short-term exhibitions about heritage at museums; organizing introductions about intangible cultural heritage linked to information, documents, objects, and museum display contents within the scope of museums by provinces and centrally-administered cities, ministries, sectors, and political-social organizations;

b) Mobile exhibitions and introductions within and outside the country at national and international scales; organizing introductions about intangible cultural heritage linked to information, documents, objects, and national museum display contents within and outside the country by competent agencies under the Ministry of Culture, Sports and Tourism, or decided by the Minister of Culture, Sports and Tourism based on the proposal of the Chairman of the People's Committee of provinces and centrally-administered cities with heritage.

Article 9. Implementation of policies and preferential treatment for artisans and subjects of intangible cultural heritage

The implementation of policies and preferential treatment for artisans and subjects of intangible cultural heritage listed in UNESCO's lists and the national inventory shall be carried out in accordance with the provisions of the Cultural Heritage Law and other relevant laws.

Article 10. Research on Intangible Cultural Heritage

1. Research on intangible cultural heritage includes: research and identification of expressions, values, subjects, current status, transmission processes, practices, creativity, re-creation, social functions, influencing factors, protection measures, and other contents aimed at deepening understanding of the heritage and its management, protection, and enhancement of value in daily life.

2. Agencies and organizations with functional and specialized expertise conducting research on intangible cultural heritage must have the consent of the subject of the heritage and the managing agency of the heritage in their locality. Individuals conducting research on intangible cultural heritage must have the consent of the subject of the heritage and bear legal responsibility for their research.

3. Products and reports from research on intangible cultural heritage conducted by agencies and organizations must be reviewed and widely announced to the subject of the heritage and incorporated into the national database on cultural heritage.

4. Products and reports from research on intangible cultural heritage conducted by individuals may be digitized and incorporated into the national database on cultural heritage.

Article 11. Documentation of Intangible Cultural Heritage

1. The content of documentation on intangible cultural heritage includes: scripts, expressions, and practices, information about the subject, objects, and cultural spaces related to the heritage, and other information about the heritage.

2. The goal of documenting intangible cultural heritage is to protect, promote, introduce, publicize, exhibit, educate, preserve long-term, and restore the heritage.

3. Forms of documentation of intangible cultural heritage include: writing on paper, recording audio, filming, photographing, digitizing, or other forms of information, materials, and practice spaces of the heritage.

4. Agencies and organizations with functional and specialized expertise conducting documentation of intangible cultural heritage must have the consent of the subject of the heritage and the managing agency of cultural heritage; they must bear legal responsibility during the implementation process. Individuals conducting documentation of intangible cultural heritage must have the consent of the subject of the heritage and bear legal responsibility during the implementation process.

5. Products and reports on documentation of intangible cultural heritage conducted by agencies and organizations must be reviewed, digitized, and incorporated into the national database on cultural heritage.

6. Products and reports on documentation of intangible cultural heritage conducted by individuals may be digitized and incorporated into the national database on cultural heritage.

Article 12. Protection of Intangible Cultural Heritage at Risk of Disappearance

1. Intangible cultural heritage is determined to be at risk of disappearance when it meets one or more of the following criteria:

a) A significant decline in the number and quality of artisans, practitioners, and successor generations within the community of the subject;

b) A significant decline and transformation of cultural expressions, scripts, tools, objects, and artifacts related to the heritage;

c) Transformation, reduction, or even disappearance of the practice spaces of intangible cultural heritage;

d) Changes in the conditions and forms of practice due to climate change, natural disasters, urbanization, modernization, and globalization leading to changes in the meaning and social function of intangible cultural heritage;

2. Criteria for determining intangible cultural heritage at risk of disappearance are based on the annual inventory list decided by the Chairman of the People's Committee of provinces and centrally-administered cities:

a) Based on the criteria stipulated in the 2003 Convention for heritage registered in the Urgent Safeguarding List;

b) Based on the results of the current status inventory of intangible cultural heritage practices compared to the time of inscription by UNESCO or inclusion in the national inventory;

c) Based on the proposal of the community of the subject of intangible cultural heritage.

3. The Chairman of the People's Committee of provinces and centrally-administered cities directs the competent agency on cultural heritage to immediately implement urgent protection measures including:

a) Documenting expressions, practices, and scripts of intangible cultural heritage;

b) Restoring the practice spaces of the heritage and related environments;

c) Restoring customs, expressions, and practices;

d) Supporting artisans and practitioners to organize teaching;

đ) Supporting individuals in the community to study;

e) Supporting the community to equip and produce tools and artifacts related to the heritage;

g) Supporting the subject community to practice and maintain practices;

h) Other protective measures proposed by the community, ensuring the principles stipulated in Articles 4 and 5 of this Decree and suitable for each type of heritage;

i) Developing, organizing the implementation of projects, and submitting documents to the competent authority for approval of funding and implementation of urgent protection tasks;

k) Submitting documents to the Ministry of Culture, Sports and Tourism for timely guidance and coordination in implementation; requesting UNESCO support if necessary.

4. Funding for urgent protection of heritage at risk of disappearance is implemented according to the provisions of Clause 2, Article 17 of this Decree.

Article 13. Restoration of Intangible Cultural Heritage

1. The tasks of restoration include: restoring expressions, customs, practices, objects, practice spaces, and related environments of intangible cultural heritage.

2. The restoration of intangible cultural heritage must ensure the principles stipulated in Articles 4 and 5 of this Decree and:

a) The restoration of intangible cultural heritage must be formulated into a Project and submitted to the competent authority as prescribed;

b) There must be broad participation and consensus from the subjects of the heritage and provincial-level cultural heritage management agencies;

c) Documentation of the restoration process;

d) Submitting reports on results and documentation products to provincial-level cultural heritage management agencies and incorporating them into the national database on cultural heritage.

3. Based on the results of the restoration project implementation, the Chairman of the Provincial People's Committee has the responsibility to allocate resources to ensure that the heritage is maintained and promoted in daily life.

Article 14. Promotion and Protection of the Value of Intangible Cultural Heritage

1. Management, protection, and promotion of the value of the heritage must be formulated into a Project and submitted to the competent authority as prescribed.

2. Types of projects include:

a) Projects for managing, protecting, and promoting the value of one or more intangible cultural heritages listed in UNESCO lists;

b) Projects for managing, protecting, and promoting the value of one or more intangible cultural heritages in the national inventory;

c) Projects for protecting intangible cultural heritages at risk of disappearance and requiring urgent protection.

3. The basic contents of the project include:

a) The necessity of building the project;

b) Domestic and international legal provisions related to the management, protection, and promotion of the value of the heritage;

c) Description of one or more heritages within the scope and subject of the project; individuals and communities of heritage subjects; the value of the heritage;

d) Current status of practice, management, protection, and promotion of the value of the heritage;

đ) Issues, factors, and risks affecting the practice, management, protection, and promotion of the value of the heritage;

e) Analysis and evaluation of the impact of the project on the current status of intangible cultural heritage practice;

g) Main contents, tasks, and implementation activities;

h) Implementation timeline and schedule;

i) Implementation budget; names and contents of component projects (if any);

k) Responsibilities (of agencies, organizations, and individuals) for organizing implementation;

l) Proposals for management, protection, and promotion measures.

4. The project is built once every five years with a vision of ten years.

5. The project is adjusted and supplemented during implementation according to the implementation schedule or timely adjusted and supplemented based on the current status of the heritage to ensure appropriateness and feasibility.

Article 15. Responsibilities for Building, Procedures, Documentation, and Approval Authority for Projects on Management, Protection, and Promotion of Intangible Cultural Heritage

1. Responsibilities for building the project:

a) The Chairman of the Provincial People's Committee builds the project in their jurisdiction;

b) The Minister or Head of a ministry-equivalent agency builds the project according to their functions, tasks, and granted powers;

c) The Minister of Culture, Sports and Tourism:

Organizes consultations on projects proposed by the Chairman of the Provincial People's Committee or the Minister or Head of a ministry-equivalent agency; sends written documents to relevant organizations to seek scientific opinions or consult experts and community opinions when necessary;

Summarizes and submits to the Prime Minister for approval projects on managing, protecting, and promoting the value of intangible cultural heritages listed in UNESCO lists proposed by the Chairman of the Provincial People's Committee or the Minister or Head of a ministry-equivalent agency.

Decides to select the Provincial People's Committee to lead the construction of the project based on the consensus of the relevant provinces and centrally-administered cities if the project scope involves two or more provincial administrative units. The Chairmen of the People's Committees of the relevant provinces and centrally-administered cities are responsible for coordinating the construction and implementation of the project.

2. Approval authority for the project:

a) The Prime Minister approves projects on managing, protecting, and promoting the value of intangible cultural heritages listed in UNESCO lists after obtaining the opinion of the National Council for Cultural Heritage;

b) The Chairman of the Provincial People's Committee approves or jointly approves projects on managing, protecting, and promoting the value of intangible cultural heritages in their jurisdiction after reaching an agreement with the Ministry of Culture, Sports and Tourism;

c) The Minister or Head of a ministry-equivalent agency approves projects built by their ministry or ministry-equivalent agency after seeking opinions from the People's Committee of the province or centrally-administered city where the project will be implemented, professional opinions from the Ministry of Culture, Sports and Tourism, and opinions from related agencies, organizations, and communities.

3. Documents sent to the Ministry of Culture, Sports and Tourism for consultation on the project include:

a) A letter from the Minister or Head of a ministry-equivalent agency or the Chairman of the Provincial People's Committee requesting the Ministry of Culture, Sports and Tourism to consult on the project;

b) Draft project;

c) Report on the current status of the heritage;

d) Minutes of meetings seeking broad consensus from the community of heritage subjects in the project implementation area;

đ) Other related documents for reference and as evidence for the contents of the project to facilitate approval and consultation;

4. Documents submitted to the Prime Minister for approval of projects on managing, protecting, and promoting the value of intangible cultural heritages listed in UNESCO lists include:

a) A proposal from the Minister or Head of a ministry-equivalent agency or the Chairman of the Provincial People's Committee requesting the Prime Minister to approve the project;

b) Draft project;

c) Report on the current status of the heritage;

d) Agreement opinion of the Ministry of Culture, Sports and Tourism; Opinion of the National Council for Cultural Heritage;

đ) Minutes of meetings seeking broad consensus from the community of heritage subjects in the project implementation area;

e) Other related documents for reference and as evidence for the contents of the project to support the approval of the project.

5. The Chairman of the People's Committee of provinces and centrally governed cities, Ministers, and Heads of ministerial-level agencies shall be responsible for organizing mid-term reviews and re-evaluations after two years of implementing the project plan, considering adjustments (if necessary) to ensure its implementation aligns with practical conditions; they must submit reports on the results of implementation to the Ministry of Culture, Sports and Tourism no later than three months after concluding the project plan.

Article 16. International Cooperation

Activities related to international cooperation in managing, protecting, and promoting the value of intangible cultural heritage listed in UNESCO's Lists and the national inventory include:

1. Organizing conferences, seminars, training sessions, and capacity-building programs.

2. Organizing festivals, exchanges, exhibitions, displays, and presentations about the heritage.

3. Promoting the reception, transfer, and application of information technology in research, documentation, management, protection, and promotion of the value of intangible cultural heritage.

4. Preparing multilateral reports and files.

5. Receiving and soliciting international support.

6. Disseminating the 2003 Convention.

7. Participating in meetings, elections, and joining the Intergovernmental Committee of the 2003 Convention and other related international cooperative activities.

Article 17. Funding for Managing, Protecting, and Promoting the Value of Intangible Cultural Heritage

1. Financial resources serving the activities of managing, protecting, and promoting the value of intangible cultural heritage listed in UNESCO's Lists and the national inventory include:

a) Annually, the State allocates within the budget estimates of relevant central ministries, agencies, and localities based on current regulations regarding budget decentralization under the law on state budget.

b) Sponsorship and contributions from domestic and foreign organizations and individuals;

c) Other legitimate financial sources.

2. The construction and implementation of emergency projects to protect intangible cultural heritage are guaranteed from the state budget and other legitimate funding sources.

Chapter III

RESPONSIBILITIES FOR MANAGING THE PROTECTION AND PROMOTION OF THE VALUE OF INTANGIBLE CULTURAL HERITAGE IN UNESCO'S LISTS AND THE NATIONAL INVENTORY

Article 18. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Directing and guiding activities related to building nomination dossier for intangible cultural heritage in the national inventory submitted to UNESCO.

2. Announcing the national commitment to protect intangible cultural heritage inscribed by UNESCO at the UNESCO certificate presentation ceremony, including the following contents:

a) Continuing to recognize the value, study, inventory, and document intangible cultural heritage;

b) Creating conditions for the practice, creation, and transmission of intangible cultural heritage;

c) Strengthening appropriate forms and contents of education inside and outside schools;

d) Honoring individuals and communities that have made significant contributions to the practice, transmission, protection, and promotion of the value of intangible cultural heritage;

e) Coordinating with media agencies and professional associations to organize programs introducing and promoting the value of intangible cultural heritage;

3. Being responsible for implementation; the policies and directives of UNESCO on the protection of intangible cultural heritage according to the country's commitments and obligations as a member of the 2003 Convention; drafting and submitting national reports; addressing UNESCO recommendations on the protection of intangible cultural heritage.

4. Leading and coordinating with relevant central ministries, agencies to implement state management over intangible cultural heritage in UNESCO's Lists and the national inventory in accordance with the law.

5. Guiding activities related to inventorying, transmission, education, and organizing festivals of intangible cultural heritage.

6. Organizing and directing activities to protect and promote the value of intangible cultural heritage; disseminating, popularizing, and educating the law on intangible cultural heritage.

7. Directing and managing activities applying science and technology to manage, protect, and promote the value of intangible cultural heritage.

8. Organizing and managing scientific research activities, training, and upgrading the cadre working in specialized fields; managing and enforcing the law on intangible cultural heritage.

9. Awarding individuals, communities, and organizations for their efforts in protecting and promoting the value of intangible cultural heritage within their authority.

10. Organizing and managing international cooperation activities on protecting and promoting the value of intangible cultural heritage.

11. Implementing inspection and supervision of compliance with laws on managing, protecting, and promoting the value of intangible cultural heritage; handling violations of laws on intangible cultural heritage.

Article 19. Responsibilities of the Ministry of Foreign Affairs

1. Take the lead and coordinate information on contents as required by UNESCO; submit to the Ministry of Culture, Sports and Tourism for implementation of the responsibilities of a member state under the 2003 Convention.

2. Urge the implementation of reporting regimes as prescribed by the 2003 Convention.

Article 20. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Direct and organize the implementation of propaganda, dissemination, inspection, and supervision of compliance with the Decree.

2. Approve and organize the implementation of projects within their authority; allocate funds and other sources of capital for activities related to management, protection, and enhancement of the value of intangible cultural heritage listed in UNESCO’s Lists and the National Inventory in accordance with objectives, effectiveness, avoiding waste, and in accordance with the law.

3. Proactively identify the list of intangible cultural heritage at risk of disappearance or loss within their jurisdiction; direct the implementation of emergency measures to protect such heritage.

4. Direct the organization to implement the development of reports, education programs, and training to enhance capacity and awareness regarding intangible cultural heritage.

5. Coordinate with national and local state management agencies for intangible cultural heritage, news agencies, and media outlets in promotional and public relations activities for intangible cultural heritage.

6. Recommend competent authorities to handle difficulties concerning systems and policies in the management, protection, and enhancement of the value of intangible cultural heritage.

7. Direct and organize the inventorying and documentation of intangible cultural heritage in the National Inventory to be submitted to the Ministry of Culture, Sports and Tourism for submission to the Prime Minister for approval to UNESCO.

8. Direct and manage the application of science and technology in the management, protection, and enhancement of the value of intangible cultural heritage within their province or city.

9. Inspect, prevent, and strictly deal with violations of principles stipulated in Articles 4 and 5 of this Decree.

10. Reward individuals and organizations for their contributions to the management, protection, and enhancement of the value of intangible cultural heritage within their authority.

Article 21. Responsibilities of relevant ministries, sectors, and central agencies

Ministries, ministerial-level agencies, and government agencies within their scope of duties, tasks, and powers shall cooperate with the Ministry of Culture, Sports and Tourism to implement state management over intangible cultural heritage in UNESCO’s Lists and the National Inventory in accordance with the law.

Article 22. Responsibilities of the National Council for Cultural Heritage

1. Advise on scientific issues related to the establishment and implementation of the National Action Plan, management, protection, and enhancement of the value of intangible cultural heritage in UNESCO’s Lists upon request of the Prime Minister or the Ministry of Culture, Sports and Tourism.

2. Cooperate with the Ministry of Culture, Sports and Tourism in monitoring and supervising the implementation of international commitments regarding the management, protection of intangible cultural heritage in UNESCO’s Lists.

Article 23. Responsibilities of communities and individuals practicing intangible cultural heritage in UNESCO’s Lists and the National Inventory

1. Participate in inventorying, practicing, teaching, researching, documenting, restoring, guiding practice, and communicating about the value of intangible cultural heritage both within and outside the community.

2. Participate in the process of building files for nomination of intangible cultural heritage to UNESCO’s Lists.

3. Report to competent authorities on acts violating laws on cultural heritage and the 2003 Convention on the Protection of Intangible Cultural Heritage, of which Vietnam is a member.

Article 24. Responsibilities of other organizations and individuals

Local authorities at all levels, political organizations, political-social organizations, socio-professional organizations, social organizations, economic organizations, communities of heritage subjects, and related individuals shall be responsible for creating conditions and coordinating with competent agencies and organizations and individuals assigned tasks to implement management, protection, and enhancement of the value of intangible cultural heritage listed in UNESCO's Lists and the national inventory in accordance with laws on cultural heritage.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree takes effect from June 1, 2024.

Article 26. Responsibility for Implementation

1. The Ministry of Culture, Sports and Tourism shall guide and inspect the implementation of this Decree by relevant organizations and individuals.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, Chairpersons of the National Council for Cultural Heritage, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.