Decree No. 86/2005/NĐ-CP On Management and Protection of Underwater Cultural Heritage

DECREE

On the management and protection of underwater cultural heritage

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Cultural Heritage dated June 29, 2001;

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

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates activities related to the management and protection of underwater cultural heritage, including cultural heritage in inland waters, internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam; responsibilities of state agencies, political organizations, socio-political organizations, occupational social organizations, economic organizations, citizens (hereinafter referred to collectively as agencies, organizations, and individuals) and relationships among state agencies in managing and protecting underwater cultural heritage.

Article 2. Applicability

This Decree applies to all Vietnamese agencies, organizations, and individuals; foreign organizations and individuals, and overseas Vietnamese citizens involved in activities related to the management and protection of underwater cultural heritage within the territory of the Socialist Republic of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall be applied.

Article 3. Underwater Cultural Heritage

1. Underwater cultural heritage refers to tangible cultural heritage currently located under water with historical, cultural, and scientific value, including: artifacts, antiquities, national treasures; archaeological sites, construction works, locations; prehistoric human and paleontological sites related to the origin of humanity, which have been used together with their natural and archaeological surroundings.

2. Underground pipelines, sewers, cables, equipment, and other underground structures currently in use for human life support located under water shall not be considered as underwater cultural heritage.

Article 4. Principles for determining ownership of underwater cultural heritage

The determination of ownership of underwater cultural heritage follows the following principles:

1. All underwater cultural heritage of different origins existing in inland waters, internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves of Vietnam belong to the Socialist Republic of Vietnam.

2. Determination of ownership rights over Vietnamese-origin underwater cultural heritage located outside the areas specified in Clause 1 of this Article shall be based on the provisions of the Law on Cultural Heritage and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 5. Forms of ownership and utilization of underwater cultural heritage

1. The State uniformly manages underwater cultural heritage owned by the people; recognizes and protects collective ownership, community joint ownership, private ownership, and other forms of ownership of underwater cultural heritage as prescribed by law.

2. Utilization of underwater cultural heritage shall be carried out in accordance with the provisions of the Law on Cultural Heritage.

Article 6. State policy on the management and protection of underwater cultural heritage

1. Encourage and promptly mobilize the application of scientific and technological achievements in activities related to the management, protection, and enhancement of the value of underwater cultural heritage.

2. Encourage Vietnamese organizations and individuals; foreign organizations and individuals to participate in research, investigation, exploration, excavation, and preservation of underwater cultural heritage in accordance with the law.

3. Develop and promote the field of underwater archaeology in Vietnam; establish museums introducing underwater cultural heritage.

4. Emphasize training and developing a cadre of officials and civil servants specialized in underwater cultural heritage.

5. Invest or support funding for the investigation, research, exploration, excavation, preservation, protection, and enhancement of the value of underwater cultural heritage.

Article 7. Principles for the management, protection, and enhancement of the value of underwater cultural heritage

Activities related to the management, protection, and enhancement of the value of underwater cultural heritage shall be carried out according to the following principles:

1. Compliance with the provisions of the Law on Cultural Heritage, this Decree, and other relevant laws.

2. Protection of national sovereignty, legitimate rights and interests of the State, organizations, and individuals.

3. Promote the responsibility of competent state agencies in managing, protecting, and enhancing the value of underwater cultural heritage.

Article 8. Responsibilities of agencies, organizations, and individuals in activities related to the management and protection of underwater cultural heritage

1. State agencies, based on their functions and tasks, are responsible for managing and protecting underwater cultural heritage.

2. All organizations and individuals are responsible for participating in the management and protection of underwater cultural heritage; promoting and disseminating laws on underwater cultural heritage; applying scientific and technological achievements to research, exploration, excavation, and preservation of underwater cultural heritage.

Article 9. Prohibited acts

Strictly prohibit the following acts:

1. Unauthorized exploration, excavation, purchase, and transportation of underwater cultural heritage.

2. Unauthorized search, recovery, or actions that distort or pose a risk of destroying underwater cultural heritage.

3. Exploiting research, exploration, and excavation of underwater cultural heritage to infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals; causing damage to natural resources, the environment, and human health.

4. Obstructing the activities of agencies, organizations, and individuals in managing and protecting underwater cultural heritage.

5. Other acts prohibited under Article 13 of the Law on Cultural Heritage.

Chapter II

MANAGEMENT OF UNDERWATER CULTURAL HERITAGE

Article 10. Contents of state management of underwater cultural heritage

1. Managing research activities on underwater cultural heritage; receiving information about underwater cultural heritage; receiving or recovering and preserving underwater cultural heritage discovered or searched for by organizations and individuals.

2. Issuing permits for exploration and excavation of underwater cultural heritage in accordance with the law.

3. Organizing and conducting exploration and excavation activities of underwater cultural heritage in accordance with this Decree; managing the organization of appraisals and evaluations of the value of underwater cultural heritage recovered or excavated and the preparation of excavation reports; resolving disputes arising from the discovery, exploration, and excavation of underwater cultural heritage.

4. Resolving the rights of parties involved in underwater cultural heritage after exploration and excavation through joint ventures, contracts, and business cooperation as prescribed by law.

5. Manage other activities related to underwater cultural heritage in accordance with the provisions of the law.

Article 11. Management of the discovery of underwater cultural heritage

1. Organizations and individuals who discover underwater cultural heritage shall be responsible for maintaining the status quo of the area containing the underwater cultural heritage and promptly reporting to the local authorities, the competent state agency on culture and information, or the competent state agency on transportation nearest to the location.

2. When an individual or representative of an organization reports about the discovery of underwater cultural heritage, the state agency must promptly dispatch personnel to receive and record all information fully, and immediately report to the competent state agency on culture and information with authority to organize the protection of that underwater cultural heritage.

Article 12. Conditions for participation in surveying and excavating underwater cultural heritage

1. State agencies and organizations of Vietnam meeting the conditions for surveying and excavating underwater cultural heritage as stipulated in the Law on Cultural Heritage and Decree No. 92/2002/ND-CP dated November 11, 2002 of the Government detailing certain provisions of the Law on Cultural Heritage (hereinafter referred to as Decree No. 92/2002/ND-CP) shall be given priority in the selection process to lead the surveying and excavation of underwater cultural heritage.

In cases where multiple Vietnamese agencies and organizations meet the conditions stipulated in Clause 2 of this Article and wish to participate in surveying and excavating underwater cultural heritage, they must organize a bidding process.

The bidding procedures shall be carried out in accordance with the provisions of the law.

2. Vietnamese agencies, organizations, and individuals participating in surveying and excavating underwater cultural heritage must satisfy the following conditions:

a) Being an entity meeting the requirements stipulated in Article 39, Article 40 of the Law on Cultural Heritage and Article 19 of Decree No. 92/2002/ND-CP;

b) Having experience in surveying and excavating underwater cultural heritage;

c) Having a team of staff, equipment, and financial capacity to meet the requirements of surveying and excavating underwater cultural heritage according to the scale of each project;

d) Having a surveying and excavation project of underwater cultural heritage approved by the competent state agency with authority.

3. Foreign organizations and individuals cooperating to participate in surveying and excavating underwater cultural heritage must meet the following conditions:

a) Having the function to operate in the field of surveying and excavating underwater cultural heritage in accordance with Vietnamese law;

b) Having experience in surveying and excavating underwater cultural heritage, having professional reputation worldwide in this activity;

c) Having a team of experts, equipment, and financial capacity to meet the requirements and scale of the surveying and excavation activity for each specific project;

d) Having the leadership of a Vietnamese agency or organization as stipulated in Clause 2 of this Article for each specific project;

đ) Being granted permission by Vietnamese competent authorities to participate in surveying and excavating underwater cultural heritage in Vietnam.

Article 13. Management in surveying and excavating underwater cultural heritage activities

1. The implementation of surveying and excavating underwater cultural heritage must be carried out strictly in accordance with the content of the project already approved by the competent state agency with authority; in case of changes different from the approved project, written consent from the competent state agency with authority as stipulated in Clause 2 of this Article must be obtained.

The content and scale of the surveying and excavation project of underwater cultural heritage shall be prescribed by the Minister of Culture, Sports and Tourism.

2. The Minister of Culture, Sports and Tourism shall approve or review projects for surveying and excavating underwater cultural heritage in accordance with the law on investment management and construction.

3. Organizations wishing to conduct surveying and excavating underwater cultural heritage must submit an application to the Ministry of Culture, Sports and Tourism.

Article 14. Handling results after surveying and excavating underwater cultural heritage

1. The handling of results from surveying and excavating underwater cultural heritage must be carried out immediately after the completion of surveying and excavating.

2. The content of handling results after surveying and excavating includes:

a) Conducting inventory, classification, and preliminary evaluation of underwater cultural heritage, including cultural heritage discovered during the process;

b) Organizing the preservation and storage in accordance with established procedures and regulations for underwater cultural heritage;

c) Developing plans for protection, utilization, and enhancement of the value of underwater cultural heritage after surveying and excavating in accordance with the law.

3. Handling results after surveying and excavating must be carried out in accordance with the following principles:

a) All underwater cultural heritage obtained through surveying and excavating must be processed in accordance with the provisions of Clause 2 of this Article;

b) Ensuring objectivity and accuracy in accordance with the prescribed procedures and formalities;

c) Must be recorded in a protocol and reported in writing to the competent state agency on culture and information and relevant state agencies.

4. Reports on the handling of results after surveying and excavating must comply with the contents prescribed by the Minister of Culture, Sports and Tourism.

The report must be submitted to the Ministry of Culture, Sports and Tourism and the People's Committee of the province where the underwater cultural heritage was surveyed and excavated. In cases where surveying and excavating involve ministries or sectors, the report will be sent to those ministries or sectors.

The Minister of Culture, Sports and Tourism shall handle recommendations and proposals raised in the report within their authority.

Article 15. Appraisal of underwater cultural heritage after surveying and excavating

1. Underwater cultural heritage obtained after surveying and excavating must be appraised regarding its origin, historical, cultural, scientific, and economic value.

2. The Antiquities Appraisal Council of the Ministry of Culture, Sports and Tourism shall carry out the appraisal of underwater cultural heritage. Depending on specific circumstances, the Council may invite representatives of relevant parties to participate.

3. The Antiquities Appraisal Council of the Ministry of Culture, Sports and Tourism, when carrying out the appraisal of underwater cultural heritage, shall have the following duties and powers:

a) Conducting appraisal and evaluation of the historical, cultural, scientific, and economic value of underwater cultural heritage;

b) Statistics and classification of underwater cultural heritage that has been appraised and evaluated;

c) Recommending necessary protective measures and handling methods for underwater cultural heritage.

4. Based on the report of the Cultural Relics Appraisal Council, the Minister of Culture, Sports and Tourism shall consider and decide on measures to protect and promote the value of underwater cultural heritage and resolve disputes related to underwater cultural heritage.

Article 16. Management of Underwater Cultural Heritage after Exploration and Excavation

1. The transfer of management and use of objects after exploration and excavation may only be carried out after such objects have been appraised according to Article 15 of this Decree and a decision has been made by the Minister of Culture, Sports and Tourism regarding the handling of underwater cultural heritage after exploration and excavation.

2. The transfer of management and use of objects after exploration and excavation shall be conducted based on the following principles:

a) Unique objects shall be determined to belong to the State of Vietnam according to criteria already stipulated.

b) The remaining objects shall be transferred for management and use according to the ratio approved in the project for exploring and excavating underwater cultural heritage and must be conducted openly, fairly, and objectively.

The Minister of Culture, Sports and Tourism shall provide specific guidelines on classification criteria and methods for transferring management and use of objects after exploration and excavation.

Article 17. Acceptance, Storage, and Preservation of Underwater Cultural Heritage Managed by the State after Exploration and Excavation

1. The Minister of Culture, Sports and Tourism shall decide on the storage locations for underwater cultural heritage managed by the State after exploration and excavation.

2. Within thirty days from the date of receiving the decision of the Minister of Culture, Sports and Tourism regarding the management of underwater cultural heritage after exploration and excavation, the agencies and organizations currently storing and those permitted to store underwater cultural heritage shall be responsible for handing over and accepting such heritage in accordance with the prescribed procedures and formalities under the law.

Chapter III

PROTECTION OF UNDERWATER CULTURAL HERITAGE

Article 18. Protection of Underwater Cultural Heritage after Discovery

After receiving a notification or report about the discovery of underwater cultural heritage, the People's Committee of the province shall promptly carry out the following tasks:

1. Organize verification of the accuracy of information provided by organizations or individuals regarding the location of underwater cultural heritage and signs indicating the presence of such heritage.

2. Promptly develop plans to implement protection of the area containing underwater cultural heritage; direct and mobilize armed forces within the province to organize security and public order in the area where the underwater cultural heritage was discovered; prevent and promptly address any activities of fishing, causing explosions that harm the safety of underwater cultural heritage.

3. Within fifteen days from the date of receiving information about the discovery of underwater cultural heritage, report to the Ministry of Culture, Sports and Tourism; take the lead and coordinate with the Ministry of Culture, Sports and Tourism to conduct preliminary appraisal of objects and areas where underwater cultural heritage was discovered to assess the newly discovered underwater cultural heritage and take appropriate management and protection measures; if the underwater cultural heritage is determined to be large-scale and significant historically, culturally, and scientifically, promptly report to the Prime Minister.

4. Direct the Department of Culture, Sports and Tourism to organize the acceptance and preservation of underwater cultural heritage handed over; police forces to recover underwater cultural heritage found or salvaged illegally; implement plans for protecting and managing underwater cultural heritage.

Article 19. Protection of Underwater Cultural Heritage When Not Yet Adequate Conditions for Excavation

The People's Committee of the province is responsible for protecting underwater cultural heritage when there are not yet adequate conditions or preparations for excavation, including the following contents:

1. Ensure the safety of the area containing underwater cultural heritage according to Clause 2, Article 18 of this Decree; promptly notify the area and scope requiring protection; handle according to the provisions of the law against organizations and individuals who violate.

2. Ensure the normal operation of transportation means.

Article 20. Protection of Underwater Cultural Heritage During Excavation

Contents of protecting underwater cultural heritage during excavation include:

1. Ensuring the safety of the area containing underwater cultural heritage.

2. Protecting the safety of underwater cultural heritage at the site and during transportation to the storage facility; excavation site; equipment and underwater structures.

3. Ensuring compliance with underwater archaeology procedures; preventing water environmental pollution; protecting biological resources and other natural resources.

Article 21. Protection of Underwater Cultural Heritage Within the Jurisdiction of Two Provinces or More

In cases where the location of discovered underwater cultural heritage falls within the jurisdiction of two provinces or more, the People's Committee of the province where the underwater cultural heritage was first discovered shall take the lead and coordinate with the People's Committees of relevant provinces to organize the protection of underwater cultural heritage according to the provisions of this Decree.

Article 22. Preservation of Underwater Cultural Heritage

Underwater cultural heritage obtained through exploration, excavation, or illegal salvage must be appraised according to Article 15 of this Decree, documented, and handed over to museums under the Ministry of Culture, Sports and Tourism or the Department of Culture, Sports and Tourism in the location where the underwater cultural heritage was discovered for preservation in accordance with the law.

Article 23. Funding for Protection, Exploration, Excavation, Handling, and Preservation of Underwater Cultural Heritage

Funding for activities to protect underwater cultural heritage includes:

1. Funding for protecting underwater cultural heritage upon discovery and after discovery but before adequate conditions for excavation are met, which shall be borne by the local budget where the underwater cultural heritage is located.

2. Funding for protection during exploration and excavation; funding for exploration and excavation activities; funding for scientific documentation, research, transportation, and preservation of underwater cultural heritage, which shall be included in the project for exploring and excavating underwater cultural heritage approved by the competent authority.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE PROTECTION OF UNDERWATER CULTURAL HERITAGE

Article 24. Responsibilities of Organizations and Individuals Discovering Underwater Cultural Heritage

1. When underwater cultural heritage is discovered, organizations and individuals have the obligation to promptly report the accurate location of the discovery of underwater cultural heritage and must hand over any underwater cultural heritage obtained in any form to one of the nearest state agencies at the locality within the latest three days:

a) People's Committees at all levels;

b) State management agencies authorized for culture and information;

c) Military units.

2. Only report the discovery of underwater cultural heritage to agencies and organizations authorized to manage state affairs regarding culture and information and the agencies specified in Clause 1 of this Article.

Article 25. Responsibilities of agencies, organizations, and individuals when receiving information and taking over underwater cultural heritage

1. The receipt of information and the transfer of underwater cultural heritage must be documented in writing, including the following contents:

a) Name and address of the agency, organization, or individual providing information and handing over underwater cultural heritage; name and address of the agency, organization, or individual receiving information and underwater cultural heritage;

b) Description of the location, time, and circumstances of the discovery of underwater cultural heritage; type, material, size, characteristics, functions, and other information about the handed-over underwater cultural heritage.

2. Promptly implement or coordinate with competent agencies to organize the protection work at the discovery site of underwater cultural heritage, and promptly prevent any violations as stipulated in Article 9 of this Decree.

3. In cases where conditions are not sufficient to implement the provisions of Clause 2 of this Article, it is necessary to report to the Provincial People's Committee and the superior agency or organization.

4. Within 24 hours from the time of receiving information about underwater cultural heritage, the head of the agency or organization must report to the Provincial People's Committee and the superior agency or organization.

Article 26. Responsibilities of People's Committees at all levels

1. Responsibilities of the Commune People's Committee.

a) Receive information on the discovery of underwater cultural heritage and immediately report to the higher-level People's Committee and the state management agency for culture and information as prescribed in Articles 24 and 25 of this Decree;

b) Organize the protection, recovery, and preservation of underwater cultural heritage;

c) Promote the rights, obligations, and responsibilities of agencies, organizations, and individuals in protecting underwater cultural heritage;

d) Create favorable conditions and coordinate with competent agencies to manage, protect, and organize other activities related to underwater cultural heritage.

2. Responsibilities of the District People's Committee.

a) Direct relevant specialized agencies in the district and the Commune People's Committee to disseminate, promote, and implement regulations on managing and protecting underwater cultural heritage;

b) Direct the management and protection of underwater cultural heritage;

c) Timely report to the Provincial People's Committee and the state management agency for culture and information.

3. Responsibilities of the Provincial People's Committee.

Upon receiving information or reports on the discovery of underwater cultural heritage, the Provincial People's Committee has the responsibility to:

a) Promptly report to the Ministry of Culture and Information;

b) Organize verification of the accuracy of information about underwater cultural heritage;

c) Direct the protection of the location with underwater cultural heritage;

d) Direct the Department of Culture and Information to organize the protection, preservation, and preliminary appraisal of handed-over underwater cultural heritage;

đ) Take the lead and coordinate with related agencies and organizations to develop projects for excavating underwater cultural heritage and direct exploration and excavation activities of underwater cultural heritage;

e) Organize the preservation, protection, and plan for the use of underwater cultural heritage after excavation.

Article 27. Responsibilities of agencies, organizations, and individuals conducting exploration and excavation of underwater cultural heritage

Agencies, organizations, and individuals conducting exploration and excavation of underwater cultural heritage have the responsibility to:

1. Safeguard national sovereignty intact.

2. Keep secret the coordinates of the location for exploration and excavation of underwater cultural heritage.

3. Ensure absolute safety during the exploration and excavation activities of underwater cultural heritage.

4. Protect the aquatic ecosystem, aquatic life, and other natural resources.

5. Comply with legal regulations on exploration and archaeological excavation.

Article 28. Responsibilities of the Ministry of Culture - Information

The Ministry of Culture and Information, in addition to performing tasks and exercising powers according to laws on cultural heritage, has the responsibility to:

1. Be accountable to the Government for the management, protection, and enhancement of the value of underwater cultural heritage.

2. Develop and submit to the Government, Prime Minister, or promulgate within its authority legal documents on underwater cultural heritage.

3. Take the lead and coordinate with the Ministry of Education and Training, the Vietnam Academy of Social Sciences to organize training and capacity building for staff involved in managing, preserving, and excavating underwater cultural heritage; provide professional guidance to organizations and individuals to enhance their understanding of preservation skills for underwater cultural heritage.

4. Manage and organize research activities, application of advanced science and technology in the protection and enhancement of the value of underwater cultural heritage.

5. Take the lead and coordinate with related agencies to review projects for exploration and excavation of underwater cultural heritage.

6. Take the lead and coordinate with the People's Committee of the province where there is underwater cultural heritage and related ministries and sectors to consider and decide on foreign organizations and individuals participating in the exploration and excavation of underwater cultural heritage.

Article 29. Responsibilities of the Ministry of Planning and Investment

1. Aggregate and balance investment capital for projects on managing, protecting, exploring, and excavating underwater cultural heritage.

2. Take the lead and coordinate with the Ministry of Culture and Information, related ministries and sectors, and the Provincial People's Committee to review projects for exploration and excavation of underwater cultural heritage within their authority and involving foreign cooperative investment.

Article 30. Responsibilities of the Ministry of Public Security

1. Take the lead and coordinate with related ministries and sectors to establish financial mechanisms and policies in managing, protecting, exploring, excavating, preserving, using, transferring, receiving, transferring, and liquidating underwater cultural heritage.

2. Take the lead and coordinate with the Ministry of Culture and Information and the Ministry of Planning and Investment to review the financial aspects of projects on managing, protecting, exploring, and excavating underwater cultural heritage.

3. Issue, inspect and supervise the use of management funds for the protection, exploration, excavation of underwater cultural heritage in accordance with the provisions of the law.

4. Prevent and handle illegal export and import of underwater cultural heritage.

Article 31. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

1. Take the lead and coordinate with the Ministry of Culture, Sports and Tourism, relevant ministries and provincial People's Committees to ensure security and order in areas with underwater cultural heritage and protect excavated underwater cultural heritage.

2. Coordinate with the Ministry of Finance and related agencies to prevent and handle acts of searching, exploring, salvaging, buying, transporting, exporting, importing, and illegally transferring ownership of underwater cultural heritage.

3. Direct police forces under its jurisdiction, coordinate with provincial People's Committees to direct local police forces in protecting underwater cultural heritage; ensuring security and order in areas where underwater cultural heritage is being explored and excavated.

Article 32. Responsibilities of the Ministry of National Defense

Take the lead and coordinate with provincial People's Committees and relevant ministries and agencies to direct military forces under its jurisdiction to ensure security and order in areas with underwater cultural heritage; protect national sovereignty and security; inspect, handle, and prevent acts of illegal salvaging, transporting, exporting, and importing of underwater cultural heritage.

Article 33. Responsibilities of the Ministry of Transport

1. Prioritize providing transportation means upon receiving requests from ministries, sectors, and provincial People's Committees to ensure activities of exploration, excavation, and transportation of underwater cultural heritage.

2. Guide traffic flow, ensure safety for underwater cultural heritage and traffic safety in areas with underwater cultural heritage.

Article 34. Responsibilities of the Ministry of Natural Resources and Environment

Coordinate with the Ministry of Culture, Sports and Tourism and provincial People's Committees in assessing and evaluating environmental impacts on projects for exploring and excavating underwater cultural heritage.

Article 35. Responsibilities of the Vietnam Academy of Social Sciences

1. Organize research and propose plans for exploring and excavating underwater cultural heritage; develop models for organizing underwater archaeology.

2. Coordinate with relevant ministries, sectors, and provincial People's Committees in exploring and excavating underwater cultural heritage.

Article 36. Responsibilities of other ministries and sectors in managing and protecting underwater cultural heritage

State agencies shall, based on their functions and tasks, be responsible for implementing management, protection, and enhancement of the value of underwater cultural heritage in accordance with the provisions of the law.

Chapter V

INTERNATIONAL COOPERATION IN THE MANAGEMENT AND PROTECTION OF UNDERWATER CULTURAL HERITAGE

Article 37. The state policy on international cooperation in the management and protection of underwater cultural heritage

The state encourages cooperation with foreign organizations and individuals in activities related to the management and protection of underwater cultural heritage, learning and exchanging experiences in managing related activities; applying and transferring advanced scientific and technological achievements in the work of protecting and preserving underwater cultural heritage.

Article 38. Contents of international cooperation in the management and protection of underwater cultural heritage

1. Cooperation in the field of building projects for managing, preserving, and protecting underwater cultural heritage.

2. Cooperation in the field of scientific research, application, and transfer of technology in managing, preserving, protecting, exploring, and excavating underwater cultural heritage.

3. Cooperation in the field of training and developing specialized staff for managing, preserving, protecting, exploring, and excavating underwater cultural heritage.

4. Exchange of information on underwater cultural heritage.

Article 39. Disputes and resolution of disputes over underwater cultural heritage involving foreign elements

The handling and resolution of disputes over underwater cultural heritage involving foreign elements shall be based on the following principles:

1. Respect for national independence and sovereignty.

2. Agreement and equality.

3. Compliance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter VI

REWARD, VIOLATION HANDLING, COMPLAINTS, REPORTING, AND RESOLUTION OF COMPLAINTS AND REPORTS

Article 40. Awards

1. Forms of reward and levels of reward:

Organizations and individuals who discover and voluntarily hand over underwater cultural heritage to competent state agencies shall be awarded certificates of merit, commendations, medals, or compensated for discovery and preservation costs and rewarded with a sum of money as stipulated in Article 53 of Decree No. 92/2002/ND-CP of the Government.

2. Authority and procedures for deciding rewards for organizations and individuals who discover and hand over underwater cultural heritage as stipulated in Article 54 of Decree No. 92/2002/ND-CP of the Government.

Article 41. Handling violations in the management and protection of underwater cultural heritage

1. All violations in the management and protection of underwater cultural heritage shall be handled according to the provisions of the law.

2. Organizations and individuals violating the provisions of this Decree and other laws related to the management and protection of underwater cultural heritage shall be subject to administrative penalties, criminal prosecution, and compensation for damages as stipulated by law, depending on the nature and severity of the violation.

3. Individuals in authority who abuse their positions and powers to violate laws related to the management and protection of underwater cultural heritage shall be subject to disciplinary action, criminal prosecution, and compensation for damages as stipulated by law, depending on the nature and severity of the violation.

Article 42. Complaints, reports, and resolution of complaints and reports in the management and protection of underwater cultural heritage

1. Organizations and individuals have the right to complain about violations of the law in the management and protection of underwater cultural heritage.

2. Individuals have the right to report violations of the law in the management and protection of underwater cultural heritage.

3. Authority, procedures, and processes for resolving complaints and reports shall be carried out in accordance with the law on complaints and reports.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 43. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette.

Previous regulations of the Government that conflict with this Decree are hereby abolished.

Article 44. Guidance on implementation

The Minister of Culture - Information shall be responsible for guiding and supervising the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.