Decision No. 86/2008/QD-BVHTTDL dated December 30, 2008 of the Ministry of the Culture, Sports and Tourism promulgating the Regulation on archeological exploration and excavation

DECISION

PROMULGATING THE REGULATION ON ARCHEOLOGICAL EXPLORATION AND EXCAVATION

THE MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Cultural Heritage Law and the Governments Decree No. 92/2002/ND-CP of November 11, 2002, detailing the implementation of a number of articles of the Cultural Heritage Law;
Pursuant to the Governments Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the director of the Cultural Heritage Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on archeological exploration and excavation.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3. The director of the Ministry Office, the director of the Cultural Heritage Department, the directors of the Culture, Sports and Tourism Services of provinces and centrally run cities, and concerned organizations and individuals shall implement this Decision.

REGULATION

ON ARCHEOLOGICAL EXPLORATION AND EXCAVATION
(Promulgated together with Decision No. 86/2008/QD-BVHTTDL of December 30, 2008, of the Minister of Culture, Sports and Tourism)

Chapter 1

GENERAL PROVISIONS

Article 1. Purposes of archeological exploration and excavation

1. To discover and study archeological sites, vestiges and relics in the earth and underwater in order to understand all aspects of natural and social life in different periods of history.

2. To enrich the nations cultural heritage treasure; to supplement documents and exhibits for central and local museums with a view to preserving, displaying and promoting the value of national cultural heritages and catering for public cultural enjoyment needs.

3. To serve the preservation, embellishment and restoration of vestiges.

Article 2. Subjects of regulation and scope of application

1. This Regulation prescribes the management and implementation of activities of discovering, protecting, exploring and excavating archeological sites, vestiges and relics within Vietnamese territory.

2. This Regulation applies to Vietnamese agencies, organizations and individuals, foreign agencies, organizations and individuals, and overseas Vietnamese involved in archeological exploration and excavation activities in Vietnam.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Archeological site means a place with vestiges and relics reflecting the process of existence of humans and the natural environment in the past, which are of historical, cultural and/or scientific value;

2. Archeological relic means an artifact discovered through archeological exploration and excavation or accidentally discovered, which is of historical, cultural and/or scientific value;

3. Archeological cultural layer means a long-accumulated soil layer reflecting human activity and demonstrating cultural characteristics of human communities in the past;

4. Archeological investigation means a scientific research activity conducted largely with the field visit method to study the topography and geomorphology and take specimens from the surface of an archeological site for the purpose of identifying the location, area, age and characteristics of the archeological site;

5. Archeological exploration means experimental digging of an archeological site on a small area in order to initially ascertain the existence of an archeological site and its area, age and characteristics;

6. Archeological excavation means a scientific activity to study the strata of an archeological site and search for and collect archeological relics and vestiges of the past for the purpose of clearly identifying the historical, cultural and scientific content and value of the archeological site;

7. Urgent excavation means an archeological excavation activity to promptly study, handle and collect archeological relics at an archeological site being destroyed or at risk of vandalism, which, unless an archeological excavation is conducted, will be permanently destroyed;

8. Archeological excavation dossier means all documents, drawings, rubbings, photos, audiovisual materials and other documents created in the process of archeological research, exploration and excavation;

9. Preliminary report means an outline report on archeological research, exploration and excavation results, which is prepared by the person and organization in charge of archeological exploration and excavation immediately after archeological exploration and excavation is completed;

10. Scientific report means a detailed report on archeological research, exploration and excavation results, which is prepared by the person and organization in charge of archeological exploration and excavation immediately after the scientific handling of documents and artifacts collected in the process of archeological exploration and excavation is completed.

Article 4. Responsibilities of agencies, organizations and individuals in management and protection of archeological sites and relics

State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, peoples armed forces units (below referred collectively to as organizations i and individuals have the responsibility to protect and promote the values of archeological sites and relics under the Cultural Heritage Law and other relevant laws.

Article 5. Prohibited acts

Prohibited acts are defined in Article 13 of the Cultural Heritage Law, Article 9 of the Governments Decree No. 86/2005/ND-CP of July 8, 2005, on management and protection of underwater cultural heritage sites (below referred to as Decree No. 86/2005/ND-CP) and the following acts:

1. Exploring and excavating an archeological site without permit of the Minister of Culture. Sports and Tourism (in case of archeological exploration and excavation) or of the provincial-level Culture, Sports and Tourism Service director (in case of urgent archeological excavation).

2. Arbitrarily searching for and digging, thereby misrepresenting, or causing risks of encroachment and vandalism to. archeological sites or relics; illegally exchanging, trading and transporting archeological relics.

3. Taking advantage of archeological research, exploration and excavation to harm national interests and damage natural resources, the environment and human health.

4. Obstructing archeological site and relic management and protection and archeological research, exploration and excavation of competent organizations and individuals.

Chapter 2

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS WHEN DISCOVERING ARCHEOLOGICAL SITES AND RELICS

Article 6. Responsibilities of organizations and individuals when discovering archeological sites and relics

Upon discovering an archeological site or relic, organizations and individuals shall protect and keep intact the site and promptly report and hand the archeological relic to the nearest local administration or provincial-level Culture, Sports and Tourism Service or district-level Culture and Information Section.

Article 7. Responsibilities of competent state agencies and organizations when receiving information on discoveries of archeological sites and relics

1. When being reported on the discovery of an archeological site or relic or handed an archeological relic by an organization or individual, a competent agency defined in Article 6 of this Regulation shall promptly appoint a person to receive and fully record information on, and organize the protection and preservation of the archeological relic.

If the commune-level Peoples Committee or district-level Culture and Information Section receives such a report, within 24 hours of receiving information on the discovered archeological site or the handed archeological relic, the commune-level Peoples Committee shall notify the district-level Culture and Information Section thereof for prompt notification to the provincial-level Culture, Sports and Tourism Service for organization of the management and protection of such archeological site or relic.

2. The receipt of information on an archeological site or relic and the hand-over and receipt of an archeological relic must be recorded in writing (according to a set form).

3. To promptly take or coordinate with functional agencies in taking measures to protect the discovered archeological site or relic, and promptly prevent prohibited acts specified in Article 5 of this Regulation.

Article 8. Responsibilities of Peoples Committees at all levels after receiving information on discoveries of archeological sites and relics

Upon receiving information on discoveries of archeological sites and relics, Peoples Committees at all levels shall fulfill their responsibilities defined in Article 27 of Decree No. 86/2005/ND-CP.

Article 9. Responsibilities of provincial-level Culture, Sports and Tourism Services

1. To receive information on archeological sites and relics; to verify the accuracy of such information and preliminarily appraise handed archeological relics; to organize protection and management; to report and propose plans on exploration and excavation of archeological sites to provincial-level Peoples Committees and the Ministry of Culture, Sports and Tourism.

2. To propose or give opinions on the application of archeological exploration and excavation permits.

3. To grant urgent excavation permits for archeological sites in localities at the request of organizations with the archeological exploration and excavation function under Clauses 1, 2 and 3, Article 14 of this Regulation.

4. To manage, organize the protection of, and promote the values of archeological sites and relics.

5. To appraise and submit to competent agencies for consideration and agreement or approval archeological exploration and excavation projects and plans.

6. To collaborate with organizations with the archeological exploration and excavation function in exploring and excavating archeological sites according to archeological exploration and excavation permits.

7. To conduct communication and education about the law on protection and promotion of the values of archeological sites and relics; to provide professional training in archeological site and relic protection for grassroots cadres.

8. To compile dossiers of request for ranking archeological sites in their localities as provincial or national vestiges.

Article 10. Responsibilities of the Cultural Heritage Department

1. To submit to the Minister of Culture, Sports and Tourism for promulgation according to his/her competence legal documents on protection and promotion of the values of archeological sites and relics.

2. To submit to the Minister of Culture, Sports and Tourism for consideration and decision the grant of archeological exploration and excavation permits and permission for foreign organizations and individuals to participate in archeological exploration and excavation activities.

3. To appraise archeological exploration and exploration projects and submit them to the Minister of Culture, Sports and Tourism for consideration and agreement.

4. To examine dossiers of request for ranking archeological sites as national vestiges and submit them to the Minister of Culture, Sports and Tourism for decision.

5. To direct and guide the management, protection and promotion of the values of archeological sites and relics.

6. To provide training and retraining for archeological site management, protection and excavation employees and workers; to provide professional guidance for organizations and individuals to raise their knowledge about techniques of preserving archeological sites and relics.

7. To organize and manage the research on and application of advanced sciences and technologies to the protection and promotion of the values of archeological sites and relics.

8. To examine archeological exploration and excavation activities.

Chapter 3

ARCHEOLOGICAL EXPLORATION AND EXCAVATION ACTIVITIES

Article 11. Conditions on organizations and individuals to conduct archeological exploration and excavation

1. Organizations have the archeological exploration and excavation function specified in Article 19 of the Governments Decree No. 92/2002/ND-CP of November 11, 2002, detailing the implementation of a number of articles of the Cultural Heritage Law (below referred to as Decree No. 92/2002/ND-CP) and Article 12 of Decree No. 86/2005/ND-CP.

2. Persons in charge of archeological exploration and excavation must meet all the conditions specified in Clause 1, Article 40 of the Cultural Heritage Law.

3. Having an archeological exploration and excavation permit.

Article 12. Procedures for and dossiers of application for archeological exploration and excavation permits

1. An organization with the archeological exploration and excavation function shall send a dossier of application for an archeological exploration and excavation permit to the Minister of Culture. Sports and Tourism, comprising:

a/ An application for an archeological exploration and excavation permit, made according to a set form by the organization in charge of archeological exploration and excavation

If the organization in charge of archeological exploration and excavation invites a foreign organization or individual to participate in archeological exploration and excavation, it shall prepare a report stating the name of the foreign organization or individual and documents on the cooperation program of the archeological exploration and excavation parties;

b/ A written agreement proposing the grant of an archeological exploration and excavation permit, made by the provincial-level Culture, Sports and Tourism Service of the locality where exists the archeological exploration and excavation site, for cases in which the organization in charge of archeological exploration and excavation is not a provincial-level Culture, Sports and Tourism Service or its attached unit;

c/ A 1:500-scale plan of the archeological exploration and excavation site, clearly indicating the locations and areas of archeological exploration and excavation places;

d/ A written request for the grant of an archeological exploration and excavation permit, made by the organization joining in archeological exploration and excavation (if any).

If the organization joining in archeological exploration and excavation invites a foreign organization or individual to participate in archeological exploration and excavation, it shall send a report thereon to the organization in charge of archeological exploration and excavation. On the basis of the agreement of the organization in charge of archeological exploration and excavation, the agency competent to grant archeological exploration and excavation permits shall consider and make decision;

e/ When necessary, if exploration and excavation activities are carried out in sites of special importance to national history research, the Ministry of Culture, Sports and Tourism shall request the applicant to submit a plan on archeological exploration and excavation and related documents for consideration before granting a permit.

2. The Minister of Culture, Sports and Tourism shall grant archeological exploration and excavation permits within 15 working days after receiving complete and valid dossiers; in case of refusal, he/she shall issue a written reply clearly stating the reason.

Article 13. Archeological exploration

Archeological exploration by earth digging is prescribed as follows:

1. The area to be dug must not exceed 5 m²/hole;

2. Not more than 5 exploration holes can be dug under an archeological exploration permit;

3. The area to be dug within an architectural vestige shall be considered and permitted on a case-by-case basis as requested in the application;

4. Archeological exploration for an underwater cultural heritage site complies with the provisions of Decree No. 86/2005/ND-CP.

Article 14. Urgent excavation

1. Upon discovering an archeological site that is at risk of encroachment or vandalism, the provincial-level Culture, Sports and Tourism Service of the locality where exists the archeological site shall:

a/ Report to the provincial-level Peoples Committee for allocating funds for organizing urgent excavation;

b/ Grant an urgent excavation permit to a local organization qualified for archeological excavation or an organization with the archeological excavation function specified in Article 11 of this Regulation (made according to a set form);

c/ Within 3 working days, send a report to the Ministry of Culture, Sports and Tourism on the granting of urgent excavation permits, clearly stating the causes of danger to the existence of the archeological site, enclosed with a copy of the granted urgent excavation permit of the provincial-level Culture, Sports and Tourism Service.

2. Procedures for granting an urgent excavation permit:

a/ The dossier of application for an urgent excavation permit shall be sent to the director of the provincial-level Culture, Sports and Tourism Service of the locality where exists the archeological site in need of urgent excavation;

b/ The director of the provincial-level Culture, Sports and Tourism Service shall grant an urgent excavation permit within 3 working days after receiving a complete and valid dossier; in case of refusal, he/she shall issue a written reply clearly stating the reason.

3. A dossier of application for an urgent excavation permit comprises:

a/ An application for an urgent excavation permit made according to a set form by the organization in charge of archeological exploration and excavation;

b/ A 1:500-scale plan clearly indicating the location and area of the archeological site in need of urgent excavation;

c/ A written request for the grant of an archeological exploration and excavation permit, made by the organization joining in the urgent excavation (if any).

4. Before conducting an urgent excavation, the organization in charge of archeological exploration and excavation shall make detailed written description, collect documents, draw up a plan and take photos of the site. Excavation shall following the steps specified in Article 17 of this Regulation.

Article 15. Responsibilities of organizations and individuals when conducting archeological exploration and excavation

1. To conduct archeological exploration and excavation according to the content of the archeological exploration and excavation permit. In case of change of the organization or person in charge of excavation, time of excavation and adjustment of the excavation area, the organization with an archeological exploration and excavation permit shall make a written request for written permission of the agency that has granted such permit.

2. To strictly follow the archeological excavation process defined in Article 17 of this Regulation.

3. The organization possessing an archeological exploration and excavation permit and the person in charge of archeological exploration and excavation shall prepare a preliminary report and dossier on the archeological excavation.

4. To collect, preserve and hand all collected archeological relics and the archeological excavation dossier to an agency responsible for relic storage and preservation indicated in the archeological exploration and excavation permit.

5. To organize communication among people in localities where exist archeological sites to make them understand the significance and values of cultural heritage and take part in protecting local cultural heritage sites.

6. To ensure that no bad impacts are caused to the natural environment in the archeological sites.

7. To closely collaborate with commune-level Peoples Committees, district-level Culture and Information Sections and provincial-level Culture, Sports and Tourism Services in the course of archeological exploration and excavation and handling of discovered artifacts for the purposes of research and permanent preservation of their values at museums or archeological sites.

8. To refrain from publicizing and disseminating conclusions on excavation sites unless written consent of the Cultural Heritage Department is obtained.

Article 16. Formulation of archeological excavation projects

1. For an archeological excavation site of 1,000 m² or more, the organization in charge of archeological excavation shall formulate an archeological excavation project, which shall be examined and agreed upon by the Ministry of Culture, Sports and Tourism before submission to a competent agency for approval.

2. For an archeological excavation site of under 1,000 m², the organization in charge of archeological excavation shall formulate an archeological excavation plan and a cost estimate, which shall be examined and approved or evaluated by the provincial-level Culture, Sports and Tourism Service before submission to a competent agency for approval (for cases of locally funded excavation).

3. In case of excavation of underwater cultural heritage sites, the provisions of Decree No. 86/2005/ND-CP shall be complied with.

Article 17. Process of archeological excavation

1. Preparation for archeological excavation:

a/ To study comprehensively information relating to the excavation site and prepare a plan on archeological excavation and preservation and handling of vestiges and relics;

b/ To make a plan and schedule for exploration and excavation according to the time indicated in the exploration and excavation permit;

c/ To inform the commune-level and district-level Peoples Committees, the provincial-level Culture, Sports and Tourism Service and district-level Culture and Information Section in the concerned locality of the excavation plan and seek their agreement on a plan to protect the archeological site and relics during archeological exploration and excavation;

d/ To prepare sufficient special-purpose equipment for archeological excavation and protection of archeological relics and site;

e/ To employ technical employees and workers with good ethical qualities and working capabilities as required by archeological excavation activities;

f/ To build roofs and fences around the archeological excavation site, when necessary;

g/ To issue, and notify related persons of, specific rules on management and protection of the archeological site and protection of archeological relics during archeological excavation and labor safety rules.

2. Archeological excavation:

a/ To draw up an exact plan of the archeological excavation site;

b/ To clear the archeological site;

c/ To conduct excavation by stratum;

To make a coordinate drawing, photograph relics, architectural traces and graves discovered during excavation and make artifact cards according to a set form;

d/ To preliminarily classify relics collected during archeological exploration and excavation.

e/ To keep a diary of the archeological exploration and excavation process.

The person in charge of archeological exploration and excavation shall record in the archeological excavation diary comments on the structure and conditions of the strata, the distribution of discovered relics and other scientific observations and remarks as a basis for writing scientific reports on and doing long-term research in the archeological site and relics.

For a large excavation site with many excavation holes, each excavation hole must have a separate excavation diary.

3. Upon completion of archeological exploration and excavation, the organization and person in charge of archeological exploration and excavation shall report on archeological exploration and excavation results and propose orientations for the preservation and promotion of the values of the archeological site and relics suitable to their nature and conditions. The person in charge of archeological exploration and excavation shall hand the archeological exploration and excavation diary to the managing agency for filing and long-term research.

Article 18. Termination of archeological exploration and excavation

1. Archeological exploration and excavation may be terminated in the following cases:

a/ Failing to strictly following the prescribed exploration and excavation process and the provisions of the archeological exploration and excavation permit;

b/ Finding that the organization or individual possessing an exploration and excavation permit is unable to continue the archeological exploration and excavation according to scientific requirements;

c/ For objective and subjective reasons, the safety of members of the archeological exploration and excavation team and the integrity of archeological vestiges and sites are affected;

d/ Violations of Article 5 of this Regulation and other relevant legal provisions.

2. Persons competent to grant archeological exploration and excavation permits have the power to terminate archeological exploration and excavation activities.

Article 19. Protection, management and treatment of archeological sites after exploration and excavation

1. Upon completion of archeological exploration and excavation, the agency directly managing the archeological site shall make a plan to protect, manage and promote the value of the explored and excavated archeological site.

2. The protection, management and promotion of the value of an archeological site after exploration and excavation cover:

a/ Taking measures to preserve architectural vestiges, relics and other archeological traces which cannot be removed;

b/ Filling up excavation holes back to the original ground level prior to exploration and excavation, unless it is necessary to keep intact these holes for research and display purposes:

c/ Placing marks of excavation holes and installing signboards of the excavation site. A signboard must indicate the name of the archeological site, year of excavation and longitudes and latitudes of excavation holes.

3. If finding that an archeological site is eligible for ranking as a historical-cultural vestige, die provincial-level Culture. Sports and Tourism Service of the locality where exists the archeological site shall compile a dossier of request for a competent stale agency to rank the site according to regulations.

Article 20. Treatment and preservation of archeological relics after exploration and excavation

Upon completion of archeological exploration and excavation, the organization in charge of archeological exploration and excavation shall prepare a plan to treat and preserve archeological relics already explored and excavated. Archeological relics shall be treated and preserved on the following principles:

1. Counting, treating and classifying according to scientific criteria;

2. Cleaning and preserving by appropriate methods archeological relics, especially those made of easy-to-decay materials;

3. Analyzing and appraising specimens of archeological relics;

If specimens of archeological relics should be sent abroad for determining their age and value. Articles 43 and 44 of the Cultural Heritage Law and Article 24 of Decree No. 92/2002/ND-CP must be complied with.

4. Gluing and restoring broken archeological relics according to sufficient scientific grounds;

5. Compiling scientific files for archeological relics.

Article 21. Management and use of archeological relics

1. The handing, storage and temporary or permanent preservation of archeological relics collected through archeological exploration and excavation comply with Clauses 1 and 2. Article 41 of the Law on Cultural Heritage and the content of the archeological exploration and excavation permits.

2. In case of urgent excavation, the director of the provincial-level Culture, Sports and Tourism Service shall propose the handing of archeological relics to a state museum or an agency with a relevant function to the Minister of Culture. Sports and Tourism for consideration and decision.

3. Upon handing of an archeological relic, a handing and receipt record must be made (according to a set form) to prevent its damage, stray or loss.

Article 22. Preliminary reports and archeological excavation dossiers

1. Upon completion of archeological exploration and excavation, organizations possessing an archeological exploration and excavation permit and the person in charge of archeological exploration and excavation shall prepare a preliminary report and an archeological excavation dossier.

2. A preliminary report has the following details:

a/ A sketchy description of the process of archeological exploration and excavation, the structure of the strata of excavation holes and initial conclusions on the types of relics and the nature and age of the archeological site;

b/ Recommendations and a plan for preservation and promotion of the values of the archeological site and relics, enclosed with the a general ground plan of the site, locations of the excavation hole(s) and photos of typical archeological relics;

Within 30 days from the date of completion of archeological exploration and excavation, a preliminary report must be sent to the provincial-level Culture, Sports and Tourism Service of the locality where exists the archeological exploration and excavation site and the Cultural Heritage Department, and filed at the organizations in charge of and joining the archeological exploration and excavation.

3. An archeological excavation dossier comprises:

a/ The archeological excavation diary;

b/ Drawings (of the site and artifacts) and photos (of the site and artifacts), and rubbings;

c/ Artifact cards and a list of archeological relics;

d/ Results of specimen analyses (if any) and other written, audio and video materials related to the excavation;

e/ A scientific report.

A scientific report must includes a detailed description of the archeological excavation process and comments on the types ol archeological relics, the nature and age of the archeological site through studying and comparing with other related archeological sites; recommendations, proposals and measures to preserve and promote the values of the archeological site and relics.

A scientific report must be signed by the persons in charge of archeological exploration and excavation and certified by the head of the organization possessing the archeological exploration and excavation permit.

4. An archeological excavation dossier must be completed within 12 months from the date of completion of archeological excavation. In special cases this time limit can be prolonged upon written consent of the agency that has granted the archeological exploration and excavation permit. An archeological excavation dossier must be scientific, accurate, truthful and complete.

Upon completion of an archeological excavation dossier, its copies shall be sent to the Cultural Heritage Department and the provincial-level Culture, Sports and Tourism Service of the locality where exists the archeological exploration and excavation site, and kept by the organizations in charge of and joining in archeological exploration and excavation

Chapter 4

COMMENDATION. AND HANDLING OF VIOLATIONS

Article 23. Commendation

1. Forms of commendation and level of rewards

Organizations and individuals that discover and voluntarily hand archeological relics to competent state agencies may, depending on the value of relics, be considered and awarded with certificates of merit or medals, get discovery and preservation expenses refunded and receive a monetary reward under Article 53 of Decree No. 92/2002/ND-CP.

2. The competence, process and procedures for decision to commend organizations and individuals for their discoveries and handing of archeological relics comply with Article 54 of Decree No. 92/2002/ND-CP.

Article 24. Handling of violations

1. All acts of violation in archeological exploration and excavation shall be handled in accordance with law.

2. Organizations and individuals violating this Regulation and other relevant laws on archeological exploration and excavation shall, depending on the nature and seriousness of their violation, be administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations in accordance with law.

Chapter 5

IMPLEMENTATION PROVISIONS

Article 25. Responsibility to guide and examine the implementation of the Regulation

In the course of implementation, if detecting any inappropriate provisions in need of amendment and supplementation, the director of the Cultural Heritage Department shall submit them to the Minister of Culture. Sports and Tourism for consideration and decision.