Decree No. 166/2018/ND-CP appraisal and approval of projects on conservation of historical-cultural relics

DECREE

Prescribing the competence, order and procedures for formulation, appraisal and approval of master plans and projects on conservation, renovation and restoration of historical-cultural relics and sightseeing spots^[1]

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

Pursuant to the June 29, 2001 Law on Cultural Heritages and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritages;

Pursuant to the June 17, 2009 Law on Urban Planning;

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 24, 2017 Planning Law;

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

The Government promulgates the Decree prescribing the competence, order and procedures for formulation, appraisal and approval of master plans and projects on conservation, renovation and restoration of historical-cultural relics and sightseeing spots.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. Scope of regulation: This Decree prescribes in detail the competence, order and procedures for formulation, appraisal and approval of master plans and projects on conservation, renovation and restoration of historical-cultural relics and sightseeing spots (below referred to as relics).

2. Subjects of application: This Decree applies to Vietnamese organizations and individuals when formulating, appraising and approving master plans and projects on conservation, renovation and restoration of relics; and foreign organizations and individuals involved in the conservation, renovation and restoration of relics in Vietnam’s territory.

Article 2.Interpretation of terms

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

1. Master plan on conservation, renovation and restoration of a relic means the determination of contents of and measures for conservation, renovation and restoration of original elements of the relic; orientations for spatial organization of newly built work items and technical infrastructure facility systems and creation of appropriate environmental landscape in the relic area.

2. Project on conservation, renovation and restoration of a relic means a combination of proposals on measures for conservation, renovation and restoration of original elements of the relic, natural landscape, biological environment and other related elements in order to protect and promote the value of the relic.

3. Techno-economic report on relic conservation, renovation and restoration means a small-sized project on relic conservation, renovation and restoration which is formulated in accordance with the Construction Law and this Decree.

4. Technical regulation on conservation, renovation and restoration of relics means a set of provisions which is promulgated by a competent state management agency in charge of cultural heritages and compulsorily applied in the conservation, renovation and restoration of relics.

5. Standard on conservation, renovation and restoration of relics means a set of technical standards, techno-economic norms, and provisions on the order of implementation of targets and technical and natural indicators, which is promulgated or recognized by a competent agency or organization for application in the conservation, renovation and restoration of relics. Standards on conservation, renovation and restoration of relics include compulsorily applied standards and voluntarily applied standards.

6. Appraisal of a project or techno-economic report on relic conservation, renovation and restoration means the contribution of opinions by a state management agency in charge of cultural heritages on the conservation, renovation and restoration of a relic proposed by the project, which shall serve as a basis for the project owner to consider, adjust, supplement and improve the project or techno-economic report before approving it or submitting it to a competent person for approval according to current regulations.

Article 3.Fundamental principles in formulation, appraisal and approval of master plans and projects on relic conservation, renovation and restoration

1. To comply with the laws on planning, investment, public investment, construction, and cultural heritages, treaties to which the Socialist Republic of Vietnam is a contracting party, and other relevant laws.

2. To be in line with the objectives of approved socio-economic development and national defense and security strategies and sectoral development master plans within the areas covered by the master plans; to ensure synchronism in terms of technical infrastructure and harmony in landscape and architecture in the areas.

3. To maintain to the utmost original elements of relics; to facilitate the protection and promotion of the value of relics.

4. Master plans on relic conservation, renovation and restoration shall be formulated and approved for every 10-year period, with a vision of between 20 years and 30 years.

5. Organizations and individuals engaged in formulation of relic conservation, renovation and restoration planning tasks (below referred to as relic planning tasks) and formulation of master plans, projects or techno-economic reports on relic conservation, renovation and restoration must fully meet conditions for practice in conservation, renovation and restoration of relics in accordance with the laws on cultural heritages and construction.

6. To comply with technical regulations and standards on conservation, renovation and restoration of relics and conform with approved master plans.

Article 4.Costs for formulation, appraisal, approval, publicization, adjustment and evaluation of master plans on relic conservation, renovation and restoration

Costs for formulation, appraisal, approval, announcement, adjustment and evaluation of master plans on relic conservation, renovation and restoration must comply with Article 9 of the Planning Law.

Chapter II

MASTER PLANS ON RELIC CONSERVATION, RENOVATION AND RESTORATION

Article 5.Formulation of master plans on relic conservation, renovation and restoration

1. A master plan on relic conservation, renovation and restoration shall be formulated for a world cultural and natural heritage, a special national relic or a group of national or provincial-level relics which constitute a relic complex lying within a geographical area and having close historical, cultural, scientific and aesthetic relations.

2. In case a world cultural and natural heritage or a special national relic has its protection area embracing part or the whole of a national tourist site, special-use forest or marine reserves, only 1 master plan on relic conservation, renovation and restoration will be formulated in which relic protection contents will be integrated with contents on protection of forest resources, biodiversity, aquatic resources, and geological and geomorphological resources and rights and obligations of communities in accordance with the laws on planning, cultural heritages, forestry and fisheries, and other relevant laws.

Article 6.Order of making a master plan on relic conservation, renovation and restoration

1. Organizing surveys, exploration and preliminary evaluation of socio-economic elements and the natural environment.

2. Collecting topographic maps, construction planning maps and other specialized master plans which have been approved and remain valid concerning the area covered by the master plan.

3. Carrying out exploration and making a dossier (drawings and explanatory reports) evaluating historical, cultural, scientific and aesthetical values of the relic and intangible cultural heritage(s) covered by the master plan; organizing the protection and promotion of the value of the relic.

4. Collecting opinions of related organizations and individuals so as to finalize relic planning tasks.

5. Formulating, appraising and approving relic planning tasks.

6. Organizing archeological excavation to collect materials relating to relic planning contents (if necessary).

7. Formulating the master plan on relic conservation, renovation and restoration.

8. Consulting related organizations and individuals on the master plan on relic conservation, renovation and restoration.

9. Assimilating opinions of organizations and individuals.

10. Appraising, submitting for approval or approving the master plan on relic conservation, renovation and restoration.

11. Publicizing the approved master plan on relic conservation, renovation and restoration at the relic.

12. Planting boundary marks according to the approved master plan on relic conservation, renovation and restoration.

Article 7.Contents of relic planning tasks

1. To determine requirements for relic research and exploration; to research and evaluate socio-economic elements and the natural environment concerning planning contents.

2. To determine the characteristics and typical values of relics.

3. To propose the scope of planning research and scope of planning.

4. To propose orientations for conservation, renovation, restoration and promotion of the value of relics; and orientations for organization of architectural space, landscape and construction of new works.

5. To determine plans on implementation of master plans.

Article 8.Dossiers of relic planning tasks

A dossier of relic planning tasks must comprise:

1. A request for appraisal or approval of relic planning tasks, made according to Form No. 01 in the Appendix to this Decree.

2. An explanatory report about relic planning tasks.

3. Maps:

a/ A 1:5,000-scale map showing the position of the relic;

b/ A land-use map and map showing the current state of existing works, of a 1:5,000 scale;

c/ A map showing relic protection areas;

d/ A map showing the scope of planning research and scope of planning.

4. Opinions of related organizations and individuals and residential communities in the locality where exists the relic.

5. A draft decision approving relic planning tasks which must have the major contents prescribed in Article 7 of this Decree.

Article 9.Contents of a master plan on relic conservation, renovation and restoration

1. Grounds for formulating the master plan, including:

a/ Legal documents on planning;

b/ Related contents of approved socio-economic development and national defense and security strategies of the locality where exists the relic;

c/ Relic planning tasks already approved;

d/ Technical regulations and standards on conservation, renovation and restoration of relics;

dd/ Opinions of related organizations and individuals and residential communities in the locality where exists the relic.

2. Analysis and evaluation of the current state of the relic and relic land, including:

a/ Results of exploration of and research into characteristic and value of the relic; technical state of the relic, and the management, protection and promotion of the value of the relic;

b/ Analysis and evaluation of elements of the natural and social environment affecting the relic; use of land and technical infrastructure facilities in the area covered by the master plan;

c/ Identification of the characteristics and typical values of the relic, the relations between the relic covered by the master plan and other relics in the research area.

3. Viewpoints and long-term and short-term objectives.

4. Determination of the boundary of the relic protection area, and recommendations on extension or narrowing of the relic protection area; determination of the area reserved for landscape conservation, area restricted from construction and area reserved for construction of new works; recommendations on ranking of newly discovered works or places.

5. Orientations for relic conservation, renovation and restoration: plans on conservation, renovation and restoration of the relic in the whole area covered by the master plan; list of works which need to be conserved, renovated or restored and the extent of conservation, renovation and restoration required for each work; principles and basic solutions for relic conservation, renovation and restoration.

6. Orientations for promotion of the value of the relic in combination with sustainable tourism development.

7. Orientations for spatial organization, construction height and density, architectural forms and materials of new construction works; orientations for renovation and construction of technical infrastructure in the area covered by the master plan on relic conservation, renovation and restoration.

8. Forecasts about environmental impacts and measures for protecting the environment and minimizing adverse impacts on the environment in the area covered by the master plan on relic conservation, renovation and restoration.

9. Proposals on component projects, investment phasing, order of priority and sources of capital for investment in such component projects.

10. Proposals on mechanisms, policies and solutions for implementation of the master plan on relic conservation, renovation and restoration.

Article 10.Dossiers of master plans on relic conservation, renovation and restoration

A dossier of a master plan on relic conservation, renovation and restoration must comprise:

1. A request for appraisal or approval of a master plan on relic conservation, renovation and restoration, made according to Form No. 02 in the Appendix to this Decree.

2. A general explanatory report.

3. Maps:

a/ A map showing the position of the relic and relations of the relic with other relics in the planning research area, of a scale of between 1:5,000 and 1:15,000;

b/ A 1:2,000-scale map showing the current state of land use, architecture, landscape, and technical infrastructure facilities and the approved construction planning map of the area;

c/ A 1:2,000-scale map determining the relic protection and boundary mark planting area; area where works encroaching the relic need to be removed;

d/ A 1:2,000-scale map showing the overall site plan and plan on conservation, renovation and restoration of the relic and promotion of the value of the relic;

dd/ A map showing the orientations for spatial organization, architecture, landscape and construction of new works and technical infrastructure facilities, of a 1:2,000 scale.

4. A draft decision approving the master plan on relic conservation, renovation and restoration, which must have the major contents prescribed in Article 9 of this Decree.

Article 11.Competence to formulate, appraise and approve relic planning tasks and master plans on relic conservation, renovation and restoration

1. Competence to formulate relic planning tasks and master plans on relic conservation, renovation and restoration:

a/ Chairpersons of provincial-level People’s Committees of the localities where exist relics and heads of ministries or sectors assigned to directly manage relics shall organize the formulation of relic planning tasks and master plans on relic conservation, renovation and restoration;

b/ In case a relic falls within the competence of provincial-level People’s Committees and is located in the geographical areas of 2 or more provinces, the Minister of Culture, Sports and Tourism shall, based on the distribution of locations of important and typical items of the relic, decide to select a provincial-level People’s Committee to take charge of formulating planning tasks and the master plan on conservation, renovation and restoration for such relic.

2. Competence to appraise and approve relic planning tasks and master plans on relic conservation, renovation and restoration:

a/ The Prime Minister shall approve planning tasks and master plans of world cultural and natural heritages and special national relics;

b/ The Minister of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with related ministries and sectors in, appraising and submitting to the Prime Minister for approval planning tasks and master plans of world cultural and natural heritages and special national relics at the proposal of provincial-level People’s Committee chairpersons or heads of ministries or sectors assigned to directly manage such heritages or relics; appraise planning tasks and master plans of national relics at the proposal of provincial-level People’s Committee chairpersons or heads of ministries or sectors assigned to directly manage such relics;

c/ Provincial-level People’s Committee chairpersons shall approve planning tasks and master plans on conservation, renovation and restoration of relics other than those falling within the competence of the Prime Minister or heads of ministries or sectors assigned to directly manage such relics after obtaining appraisal opinions of the Minister of Culture, Sports and Tourism; or reach agreement on master plans on conservation, renovation and restoration of relics falling within the competence of heads of ministries or sectors assigned to directly manage such relics in localities;

d/ Heads of ministries or sectors assigned to directly manage relics shall approve planning tasks and master plans on conservation, renovation and restoration of national relics under their management after obtaining appraisal opinions of the Minister of Culture, Sports and Tourism or after reaching agreement of chairpersons of provincial-level People’s Committees of the localities where exist such relics; approve planning tasks and master plans of provincial-level relics under their management after reaching agreement of chairpersons of provincial-level People’s Committees of the localities where exist such relics;

dd/ Directors of provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall appraise, and propose the approval of, planning tasks and master plans on conservation, renovation and restoration of relics falling within the competence of provincial-level People’s Committee chairpersons.

Article 12.Procedures for appraisal and approval of relic planning tasks and master plans on relic conservation, renovation and restoration

1. Procedures for appraisal of relic planning tasks and master plans on relic conservation, renovation and restoration:

a/ For the planning tasks and master plan on conservation, renovation and restoration of a relic being a world cultural or natural heritage, special national relic or national relic, the provincial-level People’s Committee chairperson or the head of the ministry or sector assigned to directly manage the relic shall submit directly or send by post 1 dossier set prescribed in Article 8 or 10 of this Decree to the Minister of Culture, Sports and Tourism for appraisal.

Within 30 working days after receiving a valid dossier, the Minister of Culture, Sports and Tourism shall organize the appraisal of the dossier.

In case the dossier is invalid, within 15 working days after receiving it, the Minister of Culture, Sports and Tourism shall issue a request for dossier supplementation;

b/ For the planning tasks and master plan on conservation, renovation and restoration of a provincial-level relic, the head of the ministry or sector assigned to directly manage such relic shall submit directly or send by post 1 dossier set prescribed in Article 8 or 9 of this Decree to the chairperson of the provincial-level People’s Committee of the locality where exists the relic for opinion.

Within 30 working days after receiving a valid dossier, the provincial-level People’s Committee chairperson shall give his/her opinions.

In case the dossier is invalid, within 15 working days after receiving it, provincial-level People’s Committee chairperson shall issue a request for dossier supplementation.

2. Procedures for approval of planning tasks and master plans on relic conservation, renovation and restoration:

a/ For a relic being a world cultural or natural heritage or special national relic, the Minister of Culture, Sports and Tourism shall submit the planning tasks and master plan on relic conservation, renovation and restoration to the Prime Minister for approval;

b/ For a provincial-level relic, the director of the provincial-level Department of Culture, Sports and Tourism or Department of Culture and Sports shall submit the planning tasks and master plan on relic conservation, renovation and restoration to the provincial-level People’s Committee chairperson for approval.

The provincial-level People’s Committee chairperson shall approve the planning tasks and master plan on relic conservation, renovation and restoration within 30 working days after receiving a valid dossier.

In case the dossier is invalid, within 15 working days after receiving it, the provincial-level People’s Committee chairperson shall issue a request for dossier supplementation;

c/ For a relic under the management of a ministry or sector, the head of the relic-managing agency shall submit the planning tasks and master plan on relic conservation, renovation and restoration to the head of such ministry or sector for approval.

The head of the ministry or sector assigned to directly manage the relic shall approve the planning tasks and master plan on relic conservation, renovation and restoration within 30 working days after receiving a valid dossier.

If the dossier is invalid, within 15 working days after receiving it, the head of the ministry or sector assigned to directly manage the relic shall issue a request for dossier supplementation.

Article 13.Adjustment of master plans on relic conservation, renovation and restoration

1. A master plan on relic conservation, renovation and restoration shall be adjusted in one of the following cases:

a/ There is a change in socio-economic development and national defense and security strategies, affecting the relic;

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

c/ There is a new discovery of relics in the area covered by the master plan.

2. The competence, order and procedures for appraisal and approval of adjustments to master plans on relic conservation, renovation and restoration must comply with Articles 11 and 12 of this Decree.

Article 14.Management of master plans on relic conservation, renovation and restoration

1. After master plans on relic conservation, renovation and restoration are approved, provincial-level People’s Committee chairpersons and heads of ministries and sectors assigned to manage relics shall publicize these master plans at the relics and organize the implementation of these master plans.

2. The Minister of Culture, Sports and Tourism shall urge, examine and inspect the implementation of master plans on relic conservation, renovation and restoration.

3. The storage of dossiers of master plans on relic conservation, renovation and restoration must comply with Article 44 of the Planning Law.

Chapter III

PROJECTS AND TECHNO-ECONOMIC REPORTS ON RELIC CONSERVATION, RENOVATION AND RESTORATION

Article 15.Contents of a project on relic conservation, renovation and restoration

1. An explanatory report about the project, covering the following contents:

a/ Grounds for formulating the project;

b/ Brief introduction of the relic and its historical, cultural, scientific and aesthetical values;

c/ A report on detailed survey of historical, archaeological, cultural, architectural and artistic issues, construction and renovation process and techniques and building materials of the relic; evaluation of the technical state and the situation of management, protection and promotion of the value of the relic; and exploration results in accordance with the construction law;

d/ Objectives of the project;

dd/ Viewpoints and principles of relic conservation, renovation and restoration;

e/ The overall site plan of the relic and plans on handling of encroachments upon the relic (if any); conservation, renovation and restoration of each item of the relic; embellishment of landscape; protection of the relic and objects during the construction; maintenance of operations at the relic during the construction; termite control and fire and explosion prevention and fighting; construction of new works and technical infrastructure facilities;

g/ Technical and technological solutions and materials used for relic conservation, renovation and restoration;

h/ Architectural design norms of new construction works;

i/ Environmental impact assessment of the project, covering the following contents:

- Listing of wastes and assessment of impacts of wastes generated from the implementation of the project;

- Measures for the disposal of wastes and mitigation of impacts on the environment and community well-being.

For projects which use relic land but are not projects on relic conservation, renovation and restoration, environmental impact assessment shall be conducted in accordance with the law on environmental protection.

k/ A plan on maintenance, management, protection and promotion of the value of the relic after the project is completed;

l/ Estimated funds and funding sources for implementation of the project;

m/ The project implementation schedule.

2. A set of color photos, of 10cm x 15cm, taken at the time of exploration, showing the whole relic and each item of the relic, its typical structures, objects and technical state.

3. Base designs of the project, covering:

a/ Drawings and material photos relating to the formation, existence and change of the relic as well as its previous renovations;

b/ Drawings showing the current state of the relic, including:

- A drawing showing the position of the relic on a 1:50,000-scale provincial-level administrative map;

- A 1:500-scale drawing showing the current overall site plan of the relic;

- 1:50-scale drawings showing the current plans, elevations and sections of each work item, drawings showing the current state of each part which need to be conserved, renovated or restored;

c/ Design drawings for relic conservation, renovation and restoration, including:

- A 1:500-scale drawing showing the overall site plan of the relic;

- 1:50-scale drawings showing the designed plans, elevations and sections of each work item, and design drawings of each part which is conserved, renovated or restored;

d/ Design drawings of new construction works in accordance with the construction law;

dd/ A perspective drawing on A3-sized paper.

4. For cases of conducting only relic conservation job, a relic conservation project must cover the following details:

a/ An explanatory report, covering:

- Grounds for formulating the project;

- Brief introduction of the relic and its historical, cultural, scientific and aesthetical values;

- Results of exploration of the current technical state of the relic or objects belonging to the relic which need to be conserved;

- Objectives of conservation of the relic;

- Viewpoints and principles of conservation of the relic;

- The plan on conservation of each item of the relic, plan on protection of the relic and its objects and plan on maintenance of operations at the relic during the construction;

- Technical and technological solutions and materials used for conservation of the relic;

- Plan on maintenance of the relic after the project is completed;

- Estimated funds and funding sources for project implementation;

- The project implementation schedule.

b/ A set of color photos, of 10cm x 15cm, taken at the time of exploration, showing the current technical state of the relic and objects which need to be conserved;

c/ Base designs of the project, including:

- Drawings and material photos relating to previous conservations;

- 1:50-scale drawings showing the current state of each part of the relic and objects that need to be conserved;

- 1:50-scale design drawings of each part of the relic and objects that need to be conserved.

The competence to formulate, appraise and approve relic conservation projects is the same as that for projects on relic conservation, renovation and restoration.

Article 16.Techno-economic reports on relic conservation, renovation and restoration

1. A techno-economic reports on relic conservation, renovation and restoration shall be made in the following cases:

a/ The conservation, renovation and restoration of a relic is merely the consolidation and repair of simple items and structures which have little effects on original elements constituting the relic without having to opt among different options;

b/ Renovation of works without original elements constituting the value of a relic or construction of new works serving the protection and promotion of the value of a relic.

2. A techno-economic report on relic conservation, renovation and restoration must comprise:

a/ An explanatory report about the techno-economic report, covering:

- Grounds for formulation of the techno-economic report;

- Brief introduction of the relic and its historical, cultural, scientific and aesthetical values;

- A report on preliminary exploration of architectural, artistic and technical issues and construction materials of the relic; evaluation of the technical state;

- Objectives of the conservation, renovation and restoration of the relic;

- Plans on conservation, renovation, restoration and repair of each item and simple structure of the relic and plans on protection of the relic and objects during the construction; termite control and fire and explosion prevention and fighting; and construction of new works and technical infrastructure facilities;

- Estimated funds and funding sources for implementation;

b/ A set of color photos, of 10cm x 15cm, taken at the time of exploration, showing the position and details of each item included in the techno-economic report;

c/ Construction design drawings of the techno-economic report, including:

- Drawings showing the current state of the relic, including a 1:500-scale drawing showing the current overall site plan of the relic and 1:50-scale drawings showing the plans, elevations and sections of each work item and structure of the relic;

- Design drawings for consolidation and repair of simple items and structures, including a 1:500-scale drawing showing the design overall site plan of the relic; 1:50-scale drawings showing the design plans, elevations and sections of each item of the relic; and design drawings of parts to be conserved, renovated or restored;

- Design drawings on renovation of old works or construction of new works in accordance with the construction law;

- A perspective drawing of the relic on A3-sized paper.

Article 17.Competence to formulate projects and techno-economic reports on relic conservation, renovation and restoration

1. Based on the list of component projects of an approved master plan on relic conservation, renovation and restoration, the deterioration of the relic and the capacity of allocating investment capital from the state budget or mobilizing funds from other sources in accordance with the laws on investment and public investment, the provincial-level People’s Committee chairperson or head of the ministry or sector assigned to directly manage the relic shall decide to formulate a project or techno-economic report on relic conservation, renovation and restoration and select the owner of the project or techno-economic report.

2. The project owner prescribed in Clause 1 of this Article shall take responsibility for selecting a qualified organization to formulate the project or techno-economic report on relic conservation, renovation and restoration in accordance with current law.

Article 18.Competence to appraise and approve projects and techno-economic reports on relic conservation, renovation and restoration

1. Competence to appraise projects or techno-economic reports on relic conservation, renovation and restoration:

a/ The Minister of Culture, Sports and Tourism shall appraise projects and techno-economic reports on conservation, renovation and restoration of world cultural or natural heritages, special national relics or national relics at the proposal of provincial-level People’s Committee chairpersons or heads of ministries or sectors assigned to directly manage such heritages or relics;

b/ Directors of provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall appraise projects and techno-economic reports on conservation, renovation and restoration of provincial-level relics.

2. Competence to approve projects and techno-economic reports on relic conservation, renovation and restoration:

Provincial-level People’s Committee chairpersons or heads of ministries or sectors assigned to directly manage relics shall appraise projects and techno-economic reports on conservation, renovation and restoration of world cultural or natural heritages, special national relics or national relics after obtaining written appraisal opinions of the Minister of Culture, Sports and Tourism; and approve projects and techno-economic reports on conservation, renovation and restoration of provincial-level relics after obtaining written appraisal opinions of directors of provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports.

Article 19.Dossier submitted for appraisal and approval of projects and techno-economic reports on relic conservation, renovation and restoration

1. A request for appraisal of a project or techno-economic report on relic conservation, renovation and restoration, made according to Form No. 03 in the Appendix to this Decree, or a document requesting appraisal of a project or techno-economic report on relic conservation, renovation and restoration, made according to Form No. 04 in the Appendix to this Decree.

2. An explanatory report about the project on relic conservation, renovation and restoration, a set of color photos, and base designs, or an explanatory report about the techno-economic report on relic conservation, renovation and restoration, a set of color photos, and construction drawings.

3. The written appraisal opinions of a competent agency prescribed in Article 18 of this Decree (for case of submission for approval).

Article 20.Order of formulation, appraisal and approval of projects and techno-economic on relic conservation, renovation and restoration

1. Conducting exploration and collecting documents on socio-economic elements, the natural environment and other matters relating to the relic.

2. Formulating a project or techno-economic report on relic conservation, renovation and restoration.

3. Collecting opinions of related organizations and individuals on the project or techno-economic report.

4. Assimilating opinions of organizations and individuals.

5. Appraising and submitting for approval or approving the project or techno-economic report.

6. Publicizing the approved project or techno-economic report at the relic within 15 working days after the project or report is approved, with the following contents:

a/ Explanations about basic contents of the project or techno-economic report, excluding contents relating to national defense and security or state secrets, and estimated total funds for implementation;

b/ Drawings showing the overall site plan of the area under renovation and drawings of the to-be-renovated works;

c/ Time of implementation of the project or techno-economic report;

d/ Names of the project owner and the organization formulating the project or techno-economic report.

Article 21.Procedures for appraisal and approval of projects and techno-economic reports on relic conservation, renovation and restoration

1. Appraisal of projects and techno-economic reports on relic conservation, renovation and restoration

a/ For a project or techno-economic report on conservation, renovation and restoration of a world cultural and natural heritage, special national relic or national relic, the provincial-level People’s Committee chairperson or the head of the ministry or sector assigned to directly manage such heritage or relic shall submit directly or send by post 1 dossier set prescribed in Article 18 of this Decree to the Ministry of Culture, Sports and Tourism for appraisal.

Within 20 working days after receiving a valid dossier, the Minister of Culture, Sports and Tourism shall appraise the dossier and summarize appraisal results by issuing a written consent or a document stating its recommendations for dossier supplementation.

In case the dossier is invalid, within 5 working days after receiving it, the Minister of Culture, Sports, and Tourism shall request in writing dossier supplementation;

b/ For a project or techno-economic report on conservation, renovation and restoration of a provincial-level relic, the project owner shall submit directly or send by post 1 dossier set prescribed in Article 19 of this Decree to the provincial-level Department of Culture, Sports and Tourism or Department of Culture and Sports of the locality where exists the relic for appraisal.

Within 20 working days after receiving a valid dossier, the director of the provincial-level Department of Culture, Sports and Tourism or Department of Culture and Sports shall appraise the dossier and summarize appraisal results by issuing a written consent or a document stating its recommendations for dossier supplementation.

In case the dossier is invalid, within 5 working days after receiving it, the director of the provincial-level Department of Culture, Sports and Tourism or Department of Culture and Sports shall request in writing dossier supplementation;

c/ In case the relic is likely to be destroyed or needs to be urgently renovated or embellished serving a special political task, the time limit for appraisal of the project or techno-economic report on relic conservation, renovation and restoration is 7 working days.

2. Approval of projects and techno-economic reports on relic conservation, renovation and restoration:

a/ The owner of a project on relic conservation, renovation and restoration shall submit directly or send by post 1 dossier set prescribed in Article 19 of this Decree to the provincial-level People’s Committee chairperson or the head of the ministry or sector assigned to directly manage the relic or a person authorized by the former for approval.

Within 20 working days after receiving a valid dossier, the provincial-level People’s Committee chairperson or the head of the ministry or sector assigned to directly manage the relic or a person authorized by the former shall approve the project.

In case the dossier is invalid, within 5 working days after receiving it, the provincial-level People’s Committee chairperson or the head of the ministry or sector assigned to directly manage the relic or the person authorized by the former shall request in writing dossier supplementation;

b/ The time limit for approval of a project or techno-economic report on relic conservation, renovation and restoration prescribed at Point c, Clause 1 of this Article is 7 working days.

Article 22.Formulation of construction drawings serving the conservation, renovation and restoration of relics

1. Owners of projects on relic conservation, renovation and restoration shall formulate construction drawings serving the conservation, renovation and restoration of relics after the projects are approved by a competent agency prescribed in Clause 2, Article 18 of this Decree. The competence to approve construction drawings serving the conservation, renovation and restoration of relics must comply with the construction law.

2. The Minister of Culture, Sports and Tourism shall provide the contents of and competence to appraise construction drawings serving the conservation, renovation and restoration of relics.

Article 23.Adjustment of projects and techno-economic reports on relic conservation, renovation and restoration

1. A project or techno-economic report on relic conservation, renovation and restoration shall be adjusted in one of the following cases:

a/ There is a new discovery about the relic;

b/ The relevant master plan on relic conservation, renovation and restoration is adjusted;

c/ There appear new elements that are likely to destroy or threaten to destroy the relic;

d/ Other cases in accordance with the construction law.

2. The competence, order and procedures for appraisal and approval of adjustments to projects or techno-economic reports on relic conservation, renovation and restoration must comply with Articles 17, 18, 20 and 21 of this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24.Organization of implementation

1. Ministers, heads of ministerial-level agencies and government-attached agencies and provincial-level People’s Committee chairpersons shall, within the ambit of their tasks and powers, organize the implementation of this Decree.

2. The Minister of Culture, Sports and Tourism shall promulgate cost norms for formulation of master plans, projects and techno-economic reports on, and construction drawings serving, relic conservation, renovation and restoration after reaching agreement with the Minister of Construction and the Minister of Finance.

Article 25.Effect

1. This Decree takes effect on February 15, 2019.

2. This Decree replaces the Government’s Decree No. 70/2012/ND-CP of September 18, 2012, providing the competence, order and procedures for formulation and approval of master plans and projects on conservation, renovation and restoration of historical-cultural relics and sightseeing spots.

Article 26.Transitional provisions

1. Relic planning tasks and master plans, and projects and techno-economic reports on relic conservation, renovation and restoration which have been approved before the effective date of this Decree may be further implemented until the expiration of their prescribed implementation duration.

2. Relic planning tasks and master plans, and projects and techno-economic reports on relic conservation, renovation and restoration which are being formulated must comply with this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.