Decree No. 98/2010/NĐ-CP detailing the implementation of certain provisions of the Cultural Heritage Law and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law.

DECREE

DETAILING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON CULTURAL HERITAGE AND THE AMENDMENT AND SUPPLEMENTATION LAW ON CULTURAL HERITAGE

The Cultural Heritage Law dated June 29, 2001 and

THE GOVERNMENT

On the basis of Law on Government Organization dated December 25, 2001;
On the basis of The Law on Enactment of Legal Normative Documents dated June 3, 2008;
On the basis of The Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009; The Law on Commendation and Reward dated November 26, 2003;
On the basis of This Decree stipulates detailed regulations on the protection and promotion of the value of intangible cultural heritage; the protection and promotion of the value of historical and cultural relics, scenic spots; the management of artifacts, antiques, national treasures; the organization and activities of museums; rewards for organizations and individuals who discover and hand over artifacts, antiques, national treasures.
1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

Intangible cultural heritage and tangible cultural heritage

Article 2. Article 1. Intangible cultural heritage includes:

1. Intangible cultural heritage includes:

a) Languages, scripts;

b) Folk literature;

c) Folk performing arts;

d) Social customs and beliefs;

đ) Traditional festivals;

e) Traditional handicrafts;

g) Folk knowledge.

2. Tangible cultural heritage includes:

a) Historical and cultural relics, scenic spots (hereinafter referred to as relics);

b) Artifacts, antiques, national treasures.

Article 3. State policy on the protection and promotion of the value of cultural heritage

1. Developing and implementing programs to conserve representative cultural heritages.

2. Awarding commendations to organizations and individuals with achievements in protecting and promoting the value of cultural heritage; granting state honorary titles and implementing preferential policies in both spiritual and material aspects for artisans and artists who hold and have contributed to popularizing traditional arts and professions with special value.

3. Researching and applying scientific and technological achievements in the following activities:

a) Archaeological exploration and excavation; preservation, restoration, enhancement, and promotion of the value of relics;

b) Appraisal, collection management, preservation of objects, updating, and modernizing exhibition content and educational activities of museums;

c) Collecting, preserving, and disseminating the value of intangible cultural heritage; establishing databases on intangible cultural heritage.

4. Training and nurturing a professional cadre in the field of protecting and promoting the value of cultural heritage.

5. Encouraging and creating conditions for domestic and foreign organizations and individuals to contribute spiritually and materially or directly participate in activities to protect and promote the value of cultural heritage.

6. Expanding international cooperation forms in the field of protecting and promoting the value of cultural heritage; building and implementing international cooperation projects in accordance with the law.

Article 4. Acts that distort or destroy cultural heritage

1. Acts that distort relics:

a) Changing original elements constituting relics such as adding, moving, changing objects within relics or restoring incorrectly without permission from competent authorities in charge of culture, sports, and tourism, misleading propaganda, and introduction about the content and value of relics;

b) Changing the landscape environment of relics such as cutting trees, breaking rocks, unauthorized construction, and other acts adversely affecting relics.

2. Acts posing a risk of destroying or reducing the value of intangible cultural heritage:

a) Misrepresenting and mispracticing the content of intangible cultural heritage;

b) Arbitrarily introducing new elements unsuitable for intangible cultural heritage, thereby reducing its value;

c) Exploiting the dissemination, performance, teaching of intangible cultural heritage for profit and other illegal acts.

3. Unauthorized archaeological site excavations include the following cases:

a) Self-excavating, searching for artifacts, antiques, national treasures in protected areas of relics and sites under archaeological planning such as residential sites, burial grounds, tool-making workshops, fortifications, and other archaeological sites;

b) Self-searching and salvaging artifacts, antiques, national treasures still submerged underwater.

Chapter II
PROTECTION AND PROMOTION OF THE VALUE OF INTANGIBLE CULTURAL HERITAGE

Article 5. Criteria for selecting intangible cultural heritage to be included in the National List of Intangible Cultural Heritage

1. Representativeness, reflecting the identity of the community or locality.

2. Reflecting cultural diversity and human creativity, passed down through generations.

3. Possessing the ability to recover and sustain over time.

4. Receiving consensus from the community, voluntary nomination, and commitment to protection.

Article 6. Criteria for selection and procedures for preparing documentation for outstanding intangible cultural heritage to be proposed to the United Nations Educational, Scientific and Cultural Organization (UNESCO) for inclusion in the Representative List of the Intangible Cultural Heritage of Humanity and the Urgent Safeguarding List

1. Outstanding intangible cultural heritage is selected based on the following criteria:

a) It is intangible cultural heritage that has been included in the National List of Intangible Cultural Heritage.

b) Having special value in history, culture, and science.

c) Reflecting unique traditional cultural identity and serving as a basis for creating new cultural values.

d) Having national and international influence in terms of history, culture, and science.

e) Meeting the selection criteria of UNESCO.

2. Procedures for preparing documentation for outstanding intangible cultural heritage:

a) Based on the National List of Intangible Cultural Heritage and the criteria stipulated in Clause 1 of this Article, the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee) where the intangible cultural heritage is located shall submit a written request to the Minister of Culture, Sports and Tourism to propose the Minister of Culture, Sports and Tourism to consider and submit to the Prime Minister for permission to prepare documentation for outstanding intangible cultural heritage to be submitted to UNESCO.

In cases where it is determined that the intangible cultural heritage does not meet the conditions to be submitted to UNESCO, the Minister of Culture, Sports and Tourism shall respond in writing within thirty days from the date of receipt of the proposal.

b) After obtaining permission from the Prime Minister, the Chairman of the Provincial People's Committee shall organize the preparation of documentation for outstanding intangible cultural heritage and submit it to the Ministry of Culture, Sports and Tourism.

c) The Minister of Culture, Sports and Tourism shall cooperate with the Minister of Foreign Affairs and relevant ministries and sectors to organize the review and propose the National Heritage Council to provide comments on the documentation. The National Heritage Council shall conduct the review and provide comments in writing within thirty days from the date of receipt of the documentation.

d) The Minister of Culture, Sports and Tourism shall submit to the Prime Minister for consideration and decision.

After receiving approval from the Prime Minister, the Minister of Culture, Sports and Tourism shall cooperate with the Minister of Foreign Affairs to complete the necessary procedures to submit the documentation to UNESCO as prescribed.

3. Documentation for outstanding intangible cultural heritage submitted to the Prime Minister includes:

a) A proposal letter from the community or individual holding the intangible cultural heritage and a proposal letter from the Chairman of the Provincial People's Committee.

b) Documentation for outstanding intangible cultural heritage prepared according to UNESCO regulations.

c) A review letter from the National Heritage Council.

d) A letter from the Minister of Culture, Sports and Tourism submitting to the Prime Minister.

4. The Ministers of Culture, Sports and Tourism and Foreign Affairs shall be responsible for reporting to the Prime Minister and informing the Chairman of the Provincial People's Committee and the community or individual holding the intangible cultural heritage about UNESCO's decision regarding that intangible cultural heritage.

Article 7. Encouraging the maintenance, restoration, and development of traditional craft professions with outstanding value

The State encourages the maintenance, restoration, and development of traditional craft professions through the following measures:

1. Surveying and classifying traditional craft professions nationwide; supporting the maintenance and restoration of traditional craft professions with outstanding value or at risk of being lost or extinct;

2. Creating favorable conditions for the exploitation and use of traditional materials;

3. Implementing policies to encourage and support the use of traditional craft methods and techniques;

4. Promoting traditional craft products in domestic and international markets through various forms;

5. Highlighting and creating favorable conditions for the dissemination and teaching of skills and techniques of traditional craft professions with outstanding value;

6. Implementing tax incentives for activities maintaining, restoring, and developing traditional craft professions with outstanding value according to the provisions of the Law on Taxation.

Article 8. Competence and procedures for issuing permits to Vietnamese citizens residing abroad, foreign organizations, and individuals to conduct research and collect intangible cultural heritage in Vietnam

1. The Ministry of Culture, Sports and Tourism and Provincial Departments of Culture, Sports and Tourism are state authorities competent to issue permits for researching and collecting intangible cultural heritage in Vietnam.

a) Vietnamese citizens residing abroad, foreign organizations, and individuals requesting to conduct research and collection must submit an application along with a project clearly stating the purpose, area, duration, and Vietnamese partner involved in researching and collecting intangible cultural heritage to the Director of the Provincial Department of Culture, Sports and Tourism. In cases where the research and collection area spans two provinces or centrally-administered cities or more, the application must be submitted to the Minister of Culture, Sports and Tourism;

b) Within thirty days from the date of receipt of the application, the Minister of Culture, Sports and Tourism or the Director of the Provincial Department of Culture, Sports and Tourism shall be responsible for examining and issuing the permit; if denied, the reasons must be stated in writing.

Article 9. Titles of People's Artist and Outstanding Artist

1. Criteria for conferring the titles of People's Artist and Outstanding Artist are implemented according to the provisions of Article 3 of the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage.

2. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Home Affairs to detail Clause 1 of this Article and the procedures for preparing and submitting files to confer the titles of People's Artist and Outstanding Artist.

Article 10. Reward Policies for People's Artists and Outstanding Artists

1. People's Artists and Outstanding Artists are entitled to the following reward policies:

a) Financial support and favorable conditions regarding space and premises for organizing activities related to teaching, creation, performance, exhibition, and product introduction;

b) Tax reduction or exemption for activities protecting and promoting the value of intangible cultural heritage according to the provisions of the Law on Taxation;

c) Monthly living allowance and other benefits if they have low income and difficult circumstances.

2. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and relevant ministries and sectors to promulgate policies stipulated in Clause 1 of this Article.

Chapter III
PROTECTION AND PROMOTION OF THE VALUE OF HERITAGE SITES

Article 11. Classification of Relics

Based on the criteria specified in Clause 9, Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law and Article 28 of the Cultural Heritage Law, relics are classified as follows:

1. Historical relics (relics commemorating events, relics commemorating prominent figures);

2. Architectural and artistic relics;

3. Archaeological relics;

4. Scenic spots.

Article 12. Inventory of Relics

1. The inventory of relics shall be organized and carried out according to the criteria specified in Clause 9, Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law and Clause 2, Article 28 of the Cultural Heritage Law.

2. The Chairman of the Provincial People's Committee directs the Director of the Department of Culture, Sports and Tourism to organize the inventory of relics, submit it for approval and public announcement by the Chairman of the Provincial People's Committee.

Article 13. Preparation of Scientific Files for Ranking Relics

1. Based on the provisions for ranking relics in Clauses 10, 11, and 12 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law, the Director of the Department of Culture, Sports and Tourism is responsible for preparing scientific files for ranking relics to be submitted to competent state agencies for consideration and recommendation of relic rankings within their authority.

2. The scientific files for ranking relics include:

a) A request for ranking from organizations or individuals who are the owners or have been assigned to manage the relics;

b) The relic's history;

c) A map showing the location and directions to the relic;

d) General floor plans of the relic at a scale of 1/500, sectional views, elevations, cross-sections, structural details, and representative architectural carvings of the relic at a scale of 1/50;

đ) A set of color photographs depicting the relic, artifacts, antiques, and national treasures associated with the relic, each measuring 9cm x 12cm or larger;

e) An inventory of artifacts, antiques, and national treasures associated with the relic;

g) Transcriptions and translations of stele inscriptions, couplets, plaques, and Han-Nom or other language documents found at the relic;

h) Minutes and maps delineating the protected areas around the relic, confirmed by local People's Committees, competent state agencies regarding environmental resources, and the Department of Culture, Sports and Tourism;

i) A report on the ranking of the relic in accordance with Clause 12, Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law.

The Minister of Culture, Sports and Tourism shall provide detailed guidance on the content of the scientific files for ranking relics.

Article 14. Principles for Determining the Scope and Setting Boundary Markers for Protected Areas of Relics

1. The determination of the first-level protected area (Zone I) of relics as stipulated in Clause 13, Article 1 of the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law shall be carried out according to the following principles:

a) For relics that are construction works or sites associated with historical events or the lives and careers of prominent figures, the scope of Zone I must include areas containing construction works and sites marking significant developments of historical events and memorials related to the relics;

b) For archaeological sites, the scope of Zone I must include areas where archaeological remains, artifacts, topography, and landscapes directly related to the living environment of the subjects who created the archaeological site have been discovered;

c) For complexes of architectural and artistic works or individual architectural works, the scope of Zone I must include areas containing architectural works, courtyards, gardens, ponds, lakes, and other elements related to the relics;

d) For scenic spots, the scope of Zone I must ensure the integrity of natural scenery, topography, geomorphology, and other geographical factors containing biodiversity and unique ecosystems, traces of various stages of Earth's development, or architectural works related to the scenic spot.

For relics consisting of multiple construction works distributed over a wide area, Zone I must be determined separately for each construction work or site.

2. The second-level protected area (Zone II) surrounds or adjoins Zone I to protect the landscape and ecological environment of the relic and allows the construction of facilities serving the preservation and enhancement of the relic's value.

The determination of relics without a second-level protected area (Zone II) applies when the relic is located within residential areas or adjacent to construction works that cannot be relocated.

3. The setting of boundary markers for protected areas of relics must comply with the following principles:

a) Clearly demarcate the boundaries of the protected areas of relics with adjacent areas based on the minutes and maps delineating the protected areas in the relic ranking files;

b) Boundary markers must be made of durable materials and placed in easily identifiable locations;

c) The shape, color, and size of the boundary markers must be appropriate to the environment and scenery of the relic and not affect the original components of the relic.

The Chairman of the Provincial People's Committee is responsible for organizing the setting of boundary markers.

Article 15. Competence to review projects for renovation and construction that may adversely affect cultural relics

When reviewing projects for renovation and construction located outside the protected areas of cultural relics but which have the potential to adversely affect such relics, written opinions must be provided by the Director of the Department of Culture, Sports and Tourism for provincial-level relics, and by the Minister of Culture, Sports and Tourism for national and special national relics.

1. State archaeological research institutions.

2. Universities with archaeology departments.

3. Museums and State Management Boards of Relics with functions of archaeological research.

4. Central associations with functions of archaeological research.

Article 17. Archaeological planning

1. The objects included in local archaeological planning are archaeological sites underground and underwater, places where relics and artifacts have been discovered, or places showing signs of being repositories of historically, culturally, and scientifically valuable relics and artifacts.

2. Archaeological planning must include the following contents:

a) The location and name of the archaeological site;

b) Scientific information about relics and artifacts discovered at the archaeological site and scientific bases and signs of the existence of relics and artifacts at the archaeological site;

c) Boundaries and area of the archaeological site;

d) Survey and excavation plan for the archaeological site;

đ) Protection and utilization value plan for the archaeological site;

e) Resources for implementing the planning.

3. The file for archaeological planning and the procedures and formalities for establishing and announcing archaeological planning shall be implemented in accordance with the laws on planning and the provisions of Clause 18, Article 1 of the Law amending and supplementing certain articles of the Cultural Heritage Law. 4. Based on the results of research, survey, and excavation, the Director of the Department of Culture, Sports and Tourism shall regularly review and propose the Chairman of the Provincial People's Committee to adjust the archaeological planning. Any adjustment to the archaeological planning by the Chairman of the Provincial People's Committee must be agreed upon in writing by the Minister of Culture, Sports and Tourism.

MANAGEMENT OF RELICS, ANTIQUITIES, AND NATIONAL TREASURES

Article 18. Acceptance and management of relics, antiquities, and national treasures obtained through surveys, excavations, or discovered and handed over by organizations or individuals

Chapter IV
1. All relics, antiquities, and national treasures found within the territory, islands, inland waters, territorial seas, exclusive economic zones, and continental shelf as stipulated in Article 6 of the Cultural Heritage Law, when discovered or found, belong to the state according to civil law regulations.

2. The Director of the Department of Culture, Sports and Tourism is responsible for organizing the acceptance of relics, antiquities, and national treasures to temporarily store them in the provincial museum's preservation warehouse according to the provisions of Clause 20, Article 1 of the Law amending and supplementing certain articles of the Cultural Heritage Law.

3. Organizations or individuals handing over relics, antiquities, and national treasures will be rewarded and receive a monetary reward as stipulated in Article 33 of this Decree.

Article 19. Registration of relics, antiquities, and national treasures

1. The Director of the Department of Culture, Sports and Tourism is responsible for organizing the registration of relics, antiquities, and national treasures and annually reporting to the Minister of Culture, Sports and Tourism on the results of registering relics, antiquities, and national treasures in their locality.

2. The Director of the Department of Culture, Sports and Tourism is responsible for accepting notifications of the transfer of ownership of national treasures from organizations or individuals owning such national treasures and promptly reporting to the Minister of Culture, Sports and Tourism.

1. The Director of the Department of Culture, Sports and Tourism shall be responsible for organizing the registration of cultural relics, antiques, and national treasures, and annually reporting to the Minister of Culture, Sports and Tourism on the results of registering cultural relics, antiques, and national treasures in their locality.

2. The Director of the Department of Culture, Sports and Tourism shall be responsible for receiving notifications regarding the transfer of ownership of national treasures from organizations or individuals who own such national treasures, and promptly reporting to the Minister of Culture, Sports and Tourism.

Article 20. Exporting cultural relics, antiques, and national treasures for exhibition, display, research, or preservation abroad

1. For cultural relics and antiques:

a) Cultural relics and antiques belonging to the National Museum shall be permitted by the Minister of Culture, Sports and Tourism upon a written request from the Director of the museum;

b) Cultural relics and antiques belonging to specialized museums under ministries, sectors, central political organizations, and political-social organizations shall be permitted by the Minister of Culture, Sports and Tourism upon a written request from the Minister, head of the sector, or head of the central political or political-social organization;

c) Cultural relics and antiques belonging to provincial museums shall be permitted by the Minister of Culture, Sports and Tourism upon a written request from the Chairman of the Provincial People's Committee;

d) Cultural relics and antiques belonging to private ownership shall be permitted by the Minister of Culture, Sports and Tourism upon a written request from the Director of the Department of Culture, Sports and Tourism based on the application for permission submitted by the owner of the cultural relics and antiques.

2. For national treasures:

a) National treasures belonging to the National Museum shall be permitted by the Prime Minister upon a written request from the Minister of Culture, Sports and Tourism;

b) National treasures belonging to specialized museums under ministries, sectors, central political organizations, and political-social organizations shall be permitted by the Prime Minister upon a written request from the Minister, head of the sector, or head of the central political or political-social organization after obtaining a written agreement from the Minister of Culture, Sports and Tourism;

c) National treasures belonging to provincial museums and national treasures belonging to private ownership shall be permitted by the Prime Minister upon a written request from the Chairman of the Provincial People's Committee after obtaining a written agreement from the Minister of Culture, Sports and Tourism.

3. The insurance of cultural relics, antiques, and national treasures exported abroad for exhibition, display, research, or preservation shall be agreed upon according to international customs and international treaties to which Vietnam is a party.

4. The transportation, temporary export, re-import, and temporary import, re-export of cultural relics and antiques must comply with the provisions of the Customs Law and other relevant laws.

Article 21. Competence and procedures for issuing permits to carry cultural relics and antiques out of the country

1. Carrying cultural relics and antiques that are not state-owned or owned by political organizations or political-social organizations out of the country requires a permit from the Minister of Culture, Sports and Tourism.

Within thirty days from the date of receipt of the application and related documents, the Minister of Culture, Sports and Tourism shall issue the permit. In case of refusal, the reasons must be stated in writing.

a) Submit an application for permission to the Minister of Culture, Sports and Tourism;

b) Provide a certificate of transfer of ownership from the previous owner;

c) Register the cultural relics and antiques.

4. The Minister of Culture, Sports and Tourism shall specify types of cultural relics and antiques that may not be carried out of the country.

Article 22. Complaints and Reports Regarding Cultural Relics and Antiquities During Procedures for Exporting Abroad

Cultural relics and antiquities that are currently undergoing procedures to export abroad, if there are complaints or reports alleging that the organizations or individuals exporting such items are not their legitimate owners or that there are disputes over these cultural relics and antiquities, then the export of these cultural relics and antiquities must be temporarily suspended pending examination and resolution according to the laws on complaints and reports.

Within thirty days from the date of receiving the complaint or report, if there is no basis to determine that the ownership of the cultural relics and antiquities is illegal or disputed, then such cultural relics and antiquities may be exported after completing the permission procedures.

Article 23. Authority to Issue Permits for Making Copies of Cultural Relics, Antiquities, and National Treasures

1. The Director of the Heritage Management Department shall issue permits for making copies of cultural relics, antiquities, and national treasures belonging to special national monuments, national museums, specialized museums under ministries, sectors, central political organizations, and central political-social organizations, and specialized museums under units directly under ministries, sectors, central political organizations, and central political-social organizations.

2. The Director of the Department of Culture, Sports and Tourism shall issue permits for making copies of cultural relics, antiquities, and national treasures belonging to national monuments, provincial-level monuments, provincial-level museums, and private property.

Based on the purpose of making copies of cultural relics, antiquities, and national treasures, the authority issuing the permit shall decide the number of copies to be made.

Article 24. Management of Purchase and Sale Activities of Cultural Relics, Antiquities, and National Treasures

1. The State shall uniformly manage purchase and sale activities of cultural relics, antiquities, and national treasures and create conditions for organizations and individuals to engage in business and trade in cultural relics, antiquities, and national treasures.

Trading in cultural relics, antiquities, and national treasures must comply with the provisions of the law on cultural heritage, the law on enterprises, the law on taxation, and other relevant laws.

2. The State shall protect the purchase and sale of cultural relics, antiquities, and national treasures for those cultural relics, antiquities, and national treasures that have been registered in accordance with the law on cultural heritage; create conditions for organizations and individuals to carry out the transfer of ownership of registered cultural relics, antiquities, and national treasures and register for the purchase and sale of cultural relics, antiquities, and national treasures with legal origins but not yet registered.

3. Strictly prohibit the purchase and sale of cultural relics and antiquities with illegal origins.

4. Strictly prohibit the illegal purchase and sale of cultural relics, antiquities, and national treasures for the purpose of exporting them abroad.

Article 25. Organization and Activities of Stores Engaged in the Purchase and Sale of Cultural Relics, Antiquities, and National Treasures

1. The owner of a store engaged in the purchase and sale of cultural relics, antiquities, and national treasures must meet the following conditions:

a) Be a Vietnamese citizen residing permanently in Vietnam;

b) Hold a certificate for operating the purchase and sale of cultural relics, antiquities, and national treasures;

c) Have a store with sufficient area suitable for displaying cultural relics, antiquities, and national treasures;

d) Have adequate means for displaying, preserving, and protecting cultural relics, antiquities, and national treasures.

2. The activities of stores engaged in the purchase and sale of cultural relics, antiquities, and national treasures must comply with the following regulations:

a) Only purchase and sell cultural relics, antiquities, and national treasures with legal origins;

b) Only purchase and sell copies of cultural relics, antiquities, and national treasures from organizations or individuals who have obtained copy-making permits issued by competent state agencies as stipulated in Article 23 of this Decree;

c) For copies of cultural relics, antiquities, and national treasures displayed for sale, clearly indicate that they are copies;

d) Implement and guide necessary procedures for buyers to register cultural relics, antiquities, and national treasures or apply for permits to export cultural relics, antiquities, and national treasures abroad as permitted by the law on cultural heritage;

đ) Comply with legal provisions regarding registration books for purchased and sold cultural relics, antiquities, and national treasures, financial accounting books, and tax obligations.

Article 26. Conditions, authority, and procedures for issuing a practice certificate for buying and selling cultural relics, antiques, and national treasures

1. Conditions for issuing a practice certificate for buying and selling cultural relics, antiques, and national treasures:

a) Having professional expertise or knowledge about cultural relics, antiques, and national treasures;

b) Not being prohibited from practicing or engaging in work related to cultural heritage according to a court decision, not being pursued for criminal responsibility, and not being under criminal or administrative surveillance.

2. Civil servants and public officials working in the cultural heritage sector are not permitted to open shops for buying and selling cultural relics, antiques, and national treasures.

3. Authority to issue a practice certificate for the owner of a shop buying and selling cultural relics, antiques, and national treasures:

The Director of the Department of Culture, Sports, and Tourism issues a practice certificate for the owner of a shop buying and selling cultural relics, antiques, and national treasures.

Within thirty days from the date of receiving complete valid application files for issuing a practice certificate for the owner of a shop buying and selling cultural relics, antiques, and national treasures, the Director of the Department of Culture, Sports, and Tourism shall consider issuing the certificate. In case of refusal, the reasons must be clearly stated in writing.

a) The shop owner must submit an application file for issuing a practice certificate for buying and selling cultural relics, antiques, and national treasures to the Department of Culture, Sports, and Tourism;

b) The application file for issuing a practice certificate for buying and selling cultural relics, antiques, and national treasures includes:

Application form;

Legal copies of relevant professional certificates;

A curriculum vitae confirmed by the People's Committee of the commune, ward, or town where the applicant resides.

Article 27. Organizations conducting auctions of cultural relics, antiques, and national treasures

1. Organizations and individuals conducting auctions of cultural relics, antiques, and national treasures must register with the local Department of Culture, Sports, and Tourism regarding the auction list and obtain permission from the Chairman of the Provincial People's Committee.

2. The organization of auctions of cultural relics, antiques, and national treasures shall be carried out in accordance with the provisions of civil law.

Chapter V
ORGANIZATION AND ACTIVITIES OF MUSEUMS

1. The Minister of Culture, Sports, and Tourism confirms the conditions for establishing national museums, specialized museums belonging to ministries, sectors, central political organizations, and political-social organizations, and specialized museums belonging to units directly under ministries, sectors, central political organizations, and political-social organizations.

2. The Director of the Department of Culture, Sports, and Tourism confirms the conditions for establishing provincial museums and obtaining a permit to operate for non-state museums.

Article 29. Classification of Vietnamese Museums

Vietnamese museums are classified as follows:

1. Class I Museum;

2. Class II Museum;

3. Class III Museum.

Article 30. Criteria for Classifying Museums

1. A Class I Museum must meet the following criteria:

a) Having sufficient exhibition materials appropriate to the museum's subject and scope of activities, including at least five rare collections of documents and objects; at least ninety percent of the total number of documents and objects have been scientifically inventoried;

b) One hundred percent of the total number of documents and objects are regularly preserved, preventive preserved, and treated with conservation practices;

c) Having permanent exhibitions and at least three thematic exhibitions annually; regularly opening exhibitions to serve the public;

d) Having durable architectural works and suitable technical infrastructure to ensure the preservation and display of documents and objects as stipulated in points a, b, and c of Clause 1 of this Article and other regular activities of the museum;

đ) One hundred percent of the civil servants, employees, and staff directly engaged in professional work have a bachelor's degree appropriate to the museum's subject and scope of activities.

2. A Class II Museum must meet the following criteria:

a) Having sufficient exhibition materials appropriate to the museum's subject and scope of activities, including at least three rare collections of documents and objects; at least eighty percent of the total number of documents and objects have been scientifically inventoried;

b) One hundred percent of the total number of documents and objects are regularly preserved and preventive preserved;

c) Having permanent exhibitions and at least two thematic exhibitions annually; regularly opening exhibitions to serve the public;

d) Having durable architectural works and suitable technical infrastructure to ensure the preservation and display of documents and objects as stipulated in points a, b, and c of Clause 2 of this Article and other regular activities of the museum;

đ) At least eighty percent of the civil servants, employees, and staff directly engaged in professional work have a bachelor's degree appropriate to the museum's subject and scope of activities.

3. A Class III Museum must meet the following criteria:

a) Having sufficient exhibition materials appropriate to the museum's subject and scope of activities, including at least one rare collection of documents and objects; at least seventy percent of the total number of documents and objects have been scientifically inventoried;

b) One hundred percent of the total number of documents and objects are regularly preserved;

c) Having permanent exhibitions and at least one thematic exhibition annually; regularly opening exhibitions to serve the public;

d) Having durable architectural works and suitable technical infrastructure to ensure the preservation and display of documents and objects as stipulated in points a, b, and c of Clause 3 of this Article and other regular activities of the museum;

đ) At least sixty percent of the civil servants, employees, and staff directly engaged in professional work have a bachelor's degree appropriate to the museum's subject and scope of activities.

Article 31. Competence, Procedures, and Documents for Museum Ranking

1. The competence for museum ranking is stipulated as follows:

a) The Minister of Culture, Sports and Tourism decides on the first-class ranking for national museums, specialized museums under ministries, sectors, political organizations, and political-social organizations at the central level, specialized museums under units directly subordinate to ministries, sectors, political organizations, and political-social organizations at the central level, provincial-level museums, and non-state-owned museums based on the proposal of the museum director and the written opinion of the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province.

b) The head of ministries, sectors, political organizations, and political-social organizations at the central level, and the Chairman of the People's Committee of the province decide on the second-class and third-class rankings based on the proposal of the museum director and the written agreement of the Minister of Culture, Sports and Tourism.

2. The procedures for museum ranking are stipulated as follows:

a) Procedures for first-class museum ranking

For first-class museums, the museum director, the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province must send the written proposal and museum ranking documents to the Minister of Culture, Sports and Tourism.

Within thirty days from the date of receipt of the written proposal and museum ranking documents, the Minister of Culture, Sports and Tourism is responsible for organizing the review and deciding on the museum ranking.

b) Procedures for second-class and third-class museum ranking

For specialized museums under ministries, sectors, political organizations, and political-social organizations at the central level, the museum director must send the written proposal and museum ranking documents to the Minister, the head of the sector, political organization, or political-social organization at the central level.

For specialized museums under units directly subordinate to ministries, sectors, political organizations, and political-social organizations at the central level, the museum director must send the written proposal and museum ranking documents to the head of the direct managing agency or organization of the museum. For provincial-level museums and non-state-owned museums, the museum director must send the written proposal and museum ranking documents to the Director of the Department of Culture, Sports and Tourism.

Within thirty days from the date of receipt of the written proposal and museum ranking documents, the head of the direct managing agency or organization of specialized museums under units directly subordinate to ministries, sectors, political organizations, and political-social organizations at the central level is responsible for reviewing and deciding on sending the written proposal and museum ranking documents to the Minister, the head of the sector, political organization, or political-social organization at the central level; the Director of the Department of Culture, Sports and Tourism is responsible for reviewing and deciding on sending the written proposal and museum ranking documents to the Chairman of the People's Committee of the province.

Within thirty days from the date of receipt of the written proposal and museum ranking documents, the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province is responsible for organizing the review of the museum ranking.

Within thirty days from the date of the review results, the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province is responsible for sending the written proposal and museum ranking documents to the Minister of Culture, Sports and Tourism.

Within thirty days from the date of receipt of the written proposal and museum ranking documents, the Minister of Culture, Sports and Tourism is responsible for reviewing and agreeing.

Within thirty days from the date of the written agreement of the Minister of Culture, Sports and Tourism, the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province is responsible for issuing the decision on the museum ranking.

3. The documents for museum ranking include:

a) The written proposal for museum ranking from the museum director;

b) The written proposal from the Minister, the head of the sector, political organization, or political-social organization at the central level, or the Chairman of the People's Committee of the province;

c) A report on the current status of the museum according to the museum ranking standards specified in Article 30 of this Decree and related documents.

Article 32. Depositing Intangible Cultural Heritage Materials, Artifacts, Antiques, and National Treasures with Public Museums or State Agencies with Competent Authority

1. The owner of intangible cultural heritage materials, artifacts, antiques, and national treasures may deposit such materials with public museums or state agencies with competent authority for protection and enhancement of their value in the following cases:

a) Intangible cultural heritage materials, artifacts, antiques, and national treasures owned have a risk of loss or destruction due to natural disasters or enemy attacks;

b) Lack of storage facilities, equipment, and appropriate technical means;

c) Lack of specialized knowledge on preservation techniques;

d) Lack of conditions and ability to organize exhibitions for public service;

đ) Agreement for public museums or state agencies with competent authority to use intangible cultural heritage materials, artifacts, antiques, and national treasures to enhance their value.

2. State agencies with competent authority to accept deposits of intangible cultural heritage materials, artifacts, antiques, and national treasures include:

a) Public museums;

b) State banks or state treasuries in cases where artifacts, antiques, and national treasures are made of gold, silver, precious stones, diamonds, or are ancient currency;

c) Specialized research agencies that have sufficient conditions to protect intangible cultural heritage materials.

3. Public museums or state agencies with competent authority accepting intangible cultural heritage materials, artifacts, antiques, and national treasures shall keep confidential the name and address of the depositor upon request of the owner.

4. The depositing and acceptance of intangible cultural heritage materials, artifacts, antiques, and national treasures shall be carried out in the form of a property deposit contract according to the provisions of civil law.

The Minister of Culture, Sports and Tourism shall specify the detailed documentation and procedures for depositing intangible cultural heritage materials, artifacts, antiques, and national treasures.

Chapter VI
REWARD FOR ORGANIZATIONS AND INDIVIDUALS DISCOVERING AND HANDING OVER ARTIFACTS, ANTIQUES, AND NATIONAL TREASURES

HANDING OVER AND SUBMITTING CULTURAL RELICS, ANTIQUES, AND NATIONAL TREASURES

Article 33. Reward for Organizations and Individuals Discovering and Handing Over Artifacts, Antiques, and National Treasures

1. Forms of reward

Organizations and individuals who discover artifacts, antiques, and national treasures and promptly report and voluntarily hand them over to state agencies with cultural, sports, and tourism authority shall be awarded certificates of merit, commendation certificates, medals, or other forms of reward according to the current laws based on the value of the artifacts, antiques, and national treasures.

2. Amount of monetary reward

The amount of monetary reward for organizations and individuals who have contributed to discovering or voluntarily handing over artifacts, antiques, and national treasures shall be implemented according to the provisions of Article 16 of Decree No. 96/2009/NĐ-CP dated October 30, 2009 of the Government on the handling of buried or sunken assets discovered or found within Vietnam's mainland, islands, and territorial waters.

Article 34. Authority and Procedures for Determining Rewards for Organizations and Individuals Discovering and Handing Over Artifacts, Antiques, and National Treasures

1. The Minister, heads of sectors, central-level political organizations, and political-social organizations, and the Chairman of the People's Committee of the province where the public museum receiving artifacts, antiques, and national treasures handed over by organizations and individuals has been assigned by the Minister of Culture, Sports and Tourism to establish a committee to assess the value of artifacts, antiques, and national treasures to determine their value.

2. The funds for compensating discovery costs, preservation expenses, and rewards for organizations and individuals discovering and handing over artifacts, antiques, and national treasures shall be sourced from the state budget or other revenues according to the decision of the Minister, heads of sectors, central-level political organizations, and political-social organizations, or the Chairman of the People's Committee of the province where the public museum receiving and storing these artifacts, antiques, and national treasures is located.

In special cases, the Minister of Culture, Sports and Tourism shall be responsible for coordinating with relevant ministries and sectors to review and submit to the Prime Minister for decision.

3. Representatives of state museums receiving and storing artifacts, antiques, and national treasures shall be responsible for awarding monetary rewards to organizations and individuals who discover and hand over them according to the decision of the authorized person as stipulated in Clause 2 of this Article.

4. The Minister of Finance shall specify the detailed procedures for establishing a committee to assess the value of artifacts, antiques, and national treasures and the procedures for compensating discovery costs, preservation expenses, and rewards for organizations and individuals who discover and voluntarily hand over artifacts, antiques, and national treasures as stipulated in Clause 1 of this Article.

Chapter VII
IMPLEMENTING PROVISIONS

Article 35. Effective Date

1. This Decree takes effect from November 6, 2010.

2. This Decree replaces Decree No. 92/2002/NĐ-CP dated November 11, 2002 of the Government detailing the implementation of certain provisions of the Law on Cultural Heritage.

Article 36. Implementation Organization

The Minister of Culture, Sports and Tourism shall be responsible for guiding and supervising the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees shall be responsible for implementing this Decree./.