Decree 39/2024/ND-CP measures for management, promotion of the value of, the intangible cultural heritage

DECREE

Providing measures for the management, safeguarding, and promotion of the value of, the intangible cultural heritage in the UNESCO Intangible Cultural Heritage Lists and the National List of Intangible Cultural Heritage^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

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

The Government promulgates the Decree providing measures for the management, safeguarding, and promotion of the value of, the intangible cultural heritage in the UNESCO Intangible Cultural Heritage Lists and the National List of Intangible Cultural Heritage.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides measures for, and responsibilities of agencies, organizations, communities and individuals in, the management, safeguarding, and promotion of the value of, various types of intangible cultural heritage present in Vietnam that are included in the Intangible Cultural Heritage Lists of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the National List of Intangible Cultural Heritage (below referred to as the National List) in accordance with the Law on Cultural Heritage.

Article 2. Subjects of application

This Decree applies to state agencies, organizations, communities and individuals involved in the management, safeguarding, and promotion of the value of, various types of intangible cultural heritage present in Vietnam that are included in the UNESCO Intangible Cultural Heritage Lists and National List.

Article 3. Interpretation of terms

In this Decree, the terms below shall be construed as follows:

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

2. Research into intangible cultural heritage is the activity of learning about the forms of expression, historical characteristics, processes of creation and recreation, and social, cultural and economic functions of a specific intangible culture heritage along with the forms of teaching and historical, cultural and scientific characteristics of that heritage.

3. Inventory of intangible cultural heritage is the activities of collecting, evaluating, identifying, and presenting information about, the intangible cultural heritage in a systematic manner.

4. Documentation of intangible cultural heritage is the activities of recording and capturing the intangible cultural heritage in their current state in different status and collecting related documents for the purpose of building an intangible cultural heritage database to serve long-term preservation, search, restoration, introduction, safeguarding, and promotion of the value of, the intangible cultural heritage.

5. Host community of intangible cultural heritage (also known as host community) is a collection of individuals who reside in the same geographical area, share cultural and social characteristics, jointly recognize one or more than one intangible cultural heritage as their identity, and are differentiable from other communities.

6. Intangible cultural heritage practitioners are members of host communities of the intangible cultural heritage who take an active role in the recreation, transmission, conveyance, creation and shaping of culture in communities and serve the benefit of communities by implementing and maintaining social practices based on specialist knowledge and skills.

7. Artisans in the field of intangible cultural heritage are people who practice, hold and transmit skills, techniques, know-how and deep understanding of the intangible cultural heritage.

8. Practice of intangible cultural heritage is the activity of representing cultural expressions by host communities, groups and individuals of the intangible cultural heritage to maintain vitality, ensure continuity, content, practice process, constituent elements, principles, natural essence and value of the intangible cultural heritage of this type.

9. Expressions of intangible cultural heritage are specific expressions in language, actions, gestures and products that are created by communities, groups or individuals in the process of practice to convey the content, information, significance and value of the intangible cultural heritage.

10. Teaching of intangible cultural heritage is the activity of artisans and practitioners, including guiding, imparting and instructing the next generation in skills, techniques, knowledge, cultural expressions and content related to the intangible cultural heritage through intentional practice or training.

11. Continuity of intangible cultural heritage is the state in which the intangible cultural heritage is regularly practiced, created, transmitted and recreated by the host communities, groups or individuals of the heritage.

12. Space of practice of intangible cultural heritage is the place where the intangible cultural heritage is created, expressed, maintained and transmitted by the host communities with its full significance, essence and value.

13. Vitality of intangible cultural heritage is the ability for the heritage to continue to exist and be transmitted in the host communities with all of its constituent elements, practice processes, content, natural essence and value.

14. Intangible cultural heritage at risk of fading or loss is a heritage whose ability to exist and be practiced and transmitted in the host communities is being seriously obstructed or threatened, making it difficult to recover and likely to disappear.

15. Safeguarding of intangible cultural heritage is the activity of implementing measures for assurance of the vitality of the intangible cultural heritage, including inventory, identification, documentation, research, preservation, promotion, practice, teaching and education inside or outside school as well as restoration of various aspects of the heritage.

16. Restoration of intangible cultural heritage is the activity that is carried out based on the natural essence and value of the heritage to recreate and strengthen practices and preserve elements and expressions of the intangible cultural heritage that are being transformed or in threat of disappearance and need to be safeguarded so as to endure and develop.

17. UNESCO Intangible Cultural Heritage Lists (below referred to as UNESCO Lists) include: the Representative List of Intangible Cultural Heritage of Humanity (below referred to as the Representative List), the List of Intangible Cultural Heritage in Need of Urgent Safeguarding (below referred to as the List of Heritage in Need of Urgent Safeguarding), and the Register of Good Practices for the Safeguarding of Intangible Cultural Heritage (below referred to as the Register of Good Safeguarding Practices).

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

1. Principles in practice of intangible cultural heritage:

a/ The host community must ensure continuity in the practice of the intangible cultural heritage in accordance with its value, essence and function; and reduce the risk of fading or loss;

b/ To ensure the preservation of the value of the heritage in relevant forms of expression, understanding, skills, techniques and space of practice; to refrain from integrating inappropriate elements in the heritage;

c/ To ensure the coverage of the practice process, content, activities, and constituent elements of the heritage with the participation of the host community in the practice of the heritage;

d/ Not to disseminate or practice the heritage in a misleading manner;

dd/ Not to take advantage of the practice and title of the heritage for personal gain or for carrying out illegal acts and activities;

e/ To ensure respect for and safeguarding of the religious value, beliefs, customs and sacredness of rituals and space of practice of the heritage.

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

a/ To guarantee the rights and principles of practice of the intangible cultural heritage of the host community;

b/ To ensure that the practice of the intangible cultural heritage aims to drive people and communities toward good cultural values; preserve identities; strive for comprehensive social development; ensure community and social safety; and protect the environment;

c/ To ensure respect for cultural diversity, the role of the host community, and ethnic and regional characteristics. The intangible cultural heritage of different communities is equally respected;

d/ To ensure respect for the rights of the host communities in deciding the elements of the intangible cultural heritage that need to be safeguarded and promoted and the form and extent of safeguarding and promotion;

dd/ To prioritize the safeguarding of the intangible cultural heritage at risk of fading or loss, heritage of ethnic communities living in mountainous, deep-lying, remote, border or island areas, ethnic groups facing difficulties or possessing specific characteristics, and heritage that is valuable to the entire community and society;

e/ To prioritize the decision-making rights of the host community for the long-term and continuous existence and practice of the heritage in conformity with the significance and function of the heritage, and in accordance with Vietnam’s law on cultural heritage and international documents to which Vietnam is a contracting party.

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

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

1. Not to take advantage of the communication, introduction, promotion or teaching of the heritage, the host community of the heritage, and the heritage’s title for personal gain or for carrying out illegal acts and activities.

2. Not to take advantage of the heritage to carry out acts and activities of culture-, ethnicity- or region-based discrimination and stigma.

3. Not to violate, insult or distort the content, significance and value of the heritage.

4. Not to intervene to change or falsify customs, beliefs, sacredness, taboos and know-how in the practice of the heritage.

5. Not to create competition, disputes and cultural contradictions and conflicts between communities, groups and individuals.

6. Not to prevent the host community from practicing the heritage, accessing the space and objects in the practice of the heritage and benefiting from the safeguarding, and promotion of the value of, the heritage.

7. Not to take advantage of the safeguarding and promotion of the heritage to go against the rights to create, practice and enjoy culture of the host community.

Chapter II

MANAGEMENT, SAFEGUARDING, AND PROMOTION OF THE VALUE OF, INTANGIBLE CULTURAL HERITAGE IN THE UNESCO LISTS AND NATIONAL LIST

Article 6. Organization of inventory of intangible cultural heritage

1. The inventory of intangible cultural heritage shall be carried out for the following 7 types of heritage:

a/ Spoken and written language, including cultural expressions of communities that are expressed through languages and characters to convey information and transmit knowledge, memories and cultural and social values ​​of communities;

b/ Folk literature, including cultural expressions of communities that are expressed in works created and practiced by communities, including stories, legends, anecdotes, epics, fables, humorous stories, jokes, folk verses, proverbs and folk songs, sung verses, riddles and other similar cultural expressions transmitted orally through generations and reflecting culture, customs, beliefs and awareness of communities in order to directly serve different activities in the life of communities;

c/ Folk performing arts, including cultural expressions of communities that are expressed in forms of performance created and practiced by communities, including music, singing, dancing, performances and other forms of performance originating from the cultural and spiritual lives and production activities of communities and directly serving communities’ need for cultural expression and enjoyment;

d/ Social practices and beliefs, including cultural expressions of communities that are practiced by communities through regular ritual activities and ways of expressing beliefs or desires of individuals and communities in association with important events and awareness about the world, history and memory;

dd/ Traditional festivals, including a collection of many ceremonial cultural expressions that are created and practiced by communities; practiced periodically by communities in the relevant cultural space to perform the functions of building of awareness about nature and society, personality education, adjustment of behaviors and communication between people and nature and between people, entertainment for the community, and assurance of the continuity of history;

e/ Traditional craftmanship, including cultural expressions that are expressed through practice and creativity of artisans and communities in the form of craftmanship with indigenous techniques, forms, decorations, arts and raw materials transmitted from generation to generation to create unique products with cultural identities of communities;

g/ Folk knowledge, including cultural expressions of communities that are formed from the historical interaction between communities and the natural environment and social environment to adapt and survive and expressed through experience, knowledge, and skills to behave flexibly and in harmony with nature and society.

2. Contents of the inventory of intangible cultural heritage include:

a/ Identifying, and determining the name of, the heritage;

b/ Identifying, and determining the type of, the heritage;

c/ Determining the place name and distribution scope of the heritage; for intangible cultural heritage present in different locations in the same province or centrally run city, the place name and distribution scope of the heritage shall be specifically determined to ward, commune or township;

d/ Identifying and determining the host of the heritage:

In case the host of the heritage is an individual: identifying his/her full name, age, ethnicity, occupation, address and information related to the process of practice of the heritage.

In case the host of the heritage is a community or group of people: identifying the full name, age, ethnicity, occupation, address and information related to the process of practice of the heritage of representatives of that community or group of people.

dd/ Identifying the process of formation and existence of the intangible cultural heritage; forms of expression, practice process, and related architectural works, artifacts and cultural space along with material and spiritual products created in the process of practice of the heritage;

e/ Identifying and determining the current status of practice of the heritage, the ability to maintain, and factors affecting the existence of, the heritage, and risks, and causes of loss of the heritage;

g/ Identifying, determining and evaluating the historical, cultural and scientific value and role of the heritage in the current life of the community;

h/ Proposing safeguarding measures;

i/ Making a directory of documents relating to the heritage, including publications, field-survey materials and other documents;

k/ Other provisions related to the heritage.

3. Frequency of inventory:

a/ For the intangible cultural heritage in the Representative List: every 6 (six) years or as otherwise prescribed by the UNESCO;

b/ For the intangible cultural heritage in the List of Heritage in Need of Urgent Safeguarding: every 4 (four) years or as otherwise prescribed by the UNESCO;

c/ For the intangible cultural heritage in the National List: every 3 (three) years, counted from the time the heritage is included in the List.

Article 7. Organization of the teaching of intangible cultural heritage by their hosts

1. Individuals and communities being hosts of intangible cultural heritage shall maintain the teaching of the intangible cultural heritage within and outside their communities so as to consolidate the quantity and quality of the practice of the intangible cultural heritage by artisans, practitioners and knowledgeable persons.

2. Forms of teaching of intangible cultural heritage include:

a/ Teaching of knowledge, skills and cultural expressions by artisans and practitioners to the next generation in the host communities through the practice of the intangible cultural heritage; and,

b/ Teaching of knowledge, skills and cultural expressions by artisans and practitioners to other communities through targeted training.

3. Local administrations at all levels, agencies, organizations, individuals and communities shall provide support and create conditions for the teaching of the intangible cultural heritage in the UNESCO Lists and the National List and the heritage at risk of fading or loss.

Article 8. Organization of festivals and introduction of the intangible cultural heritage in the UNESCO Lists and National List

1. Intangible cultural heritage festival (below referred to as festival) is a heritage safeguarding activity committed in the dossier submitted to the UNESCO, including: organization of the practice and performances by the host community; display, exhibition, introduction, public communication, awareness-raising and capacity-building for communities, and education and promotion of the intangible cultural heritage.

2. Competence to organize festivals:

a/ The Minister of Culture, Sports and Tourism shall decide on the organization of festivals in 2 (two) or more provincial-level administrative units, national festivals and international festivals in Vietnam;

b/ Chairpersons of provincial-level People’s Committees shall decide on the organization of festivals in their localities.

3. Festivals shall be organized at a scale and frequency as follows:

a/ National- and international-scale festivals of all types of intangible cultural heritage in the country shall be organized by the cultural heritage management agency under the Ministry of Culture, Sports and Tourism once every 3 (three) years;

b/ National-scale festivals of each type of intangible cultural heritage shall be organized in the country by the cultural heritage management agency under the Ministry of Culture, Sports and Tourism once a year;

c/ For intangible cultural heritage festivals to be organized in 2 (two) or more provinces or centrally run cities, the Chairperson of the People’s Committee of the province or centrally run city having the heritage shall, after reaching agreement with the remaining provinces and centrally run cities, propose the Ministry of Culture, Sports and Tourism to consider and decide on organization of such festivals alternately once every 2 (two) years;

d/ Festivals of one or more than one intangible cultural heritage in 1 (one) province or centrally run city shall be organized by cultural heritage management agencies under provincial-level People’s Committees.

4. The display and introduction of intangible cultural heritage shall be organized as follows:

a/ Long- and short-term displays and introduction of intangible cultural heritage at museums; and introduction of intangible cultural heritage associated with information, documents, artifacts and museum displays in museums by provinces, centrally run cities, ministries, sectors and socio-political organizations;

b/ Displays, introduction and travelling exhibitions of intangible cultural heritage at home and abroad on a national or international scale; introduction of intangible cultural heritage associated with information, documents, artifacts and museum displays within the national scope at home and abroad by the cultural heritage management agency under the Ministry of Culture, Sports and Tourism itself or in coordination with others or by provinces or centrally run cities having the heritage under decision of the Minister of Culture, Sports and Tourism at the proposal of the Chairpersons of the People’s Committees of these provinces or centrally run cities.

Article 9. Implementation of policies and mechanisms on preferential treatment toward artisans and hosts of intangible cultural heritage

The implementation of policies and mechanisms on preferential treatment toward artisans and hosts of the intangible cultural heritage on the UNESCO Lists and National List must comply with the Law on Cultural Heritage and other relevant laws.

Article 10. Research into intangible cultural heritage

1. Research into intangible cultural heritage covers: research into, and identification of, expressions, value, hosts, current status, processes of transmission, practice, creation and re-creation, social functions, influencing factors, safeguarding measures and other contents to deepen the understanding of the heritage and the management, safeguarding, and promotion of the value of, the heritage ​​in life.

2. Agencies and organizations functioning or specialized in researching into intangible cultural heritage must obtain the consent of hosts of the heritage and local heritage management agencies. Individuals conducting research into intangible cultural heritage must obtain the consent of hosts of the heritage and shall be held responsible before the law for their research.

3. Products of, reports on, research into intangible cultural heritage carried out by agencies and organizations must undergo acceptance testing and shall be notified to hosts of the heritage and included in the national cultural heritage database.

4. Products of, and reports on, research into intangible cultural heritage carried out by individuals may be digitalized and included in the national cultural heritage database.

Article 11. Documentation of intangible cultural heritage

1. Documentation of intangible cultural heritage covers texts, expressions and practices, information about the hosts, artifacts and related cultural spaces, and other information on the heritage.

2. Documentation of intangible cultural heritage aims to safeguard, disseminate, introduce, promote, display, exhibit, educate, permanently preserve, and restore the heritage.

3. Forms of documentation of intangible cultural heritage include: recording on paper, audio recording, video recording, photographing and digitization, or other forms of documentation of information, documents, artifacts, and space of practice of the heritage.

4. Agencies and organizations functioning or specialized in documentation of intangible cultural heritage must obtain the consent of hosts of the heritage and the cultural heritage management agency, and shall be held responsible before the law during the process of documentation. Individuals carrying out the documentation of intangible cultural heritage must obtain the consent of hosts of the heritage and shall be responsible before the law during the process of documentation.

5. Products of, and reports on, documentation of intangible cultural heritage carried out by agencies and organizations must undergo acceptance testing and shall be digitized and included in the national cultural heritage database.

6. Products of, and reports on, documentation of intangible cultural heritage carried out by individuals may be digitized and included in the national cultural heritage database.

Article 12. Safeguarding of intangible cultural heritage at risk of fading or loss

1. Intangible cultural heritage shall be determined to be at risk of fading or loss when one or more than one of the following events occurs:

a/ Serious decline in the quantity and quality of artisans, practitioners and succeeding generations in the host community;

b/ Serious deterioration and alteration of related cultural expressions, texts, tools and artifacts;

c/ Change, narrowing or even disappearance of the spaces of practice of the heritage;

d/ Change in conditions and forms of practice of the heritage due to climate change, disasters, urbanization, modernization or globalization, leading to changes in the significance and social function of the heritage.

2. Grounds for determining intangible cultural heritage at risk of fading or loss on the annual inventory lists decided by chairpersons of provincial-level People’s Committees:

a/ The criteria specified in the 2003 Convention, for heritage registered to be included in the List of Heritage in Need of Urgent Safeguarding;

b/ The results of inventory of the current status of practice of intangible cultural heritage compared to the time the heritage was inscribed in the UNESCO Lists or included in the National List;

c/ The proposal of host communities of intangible cultural heritage.

3. Chairpersons of provincial-level People’s Committees shall direct cultural heritage management agencies to immediately deploy urgent safeguarding measures and tasks, including:

a/ Documenting expressions, practices and texts of intangible cultural heritage;

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

c/ Restoring customs, expressions and practices;

d/ Supporting artisans and practitioners to organize teaching of the heritage;

dd/ Supporting individuals in communities to learn the heritage;

e/ Supporting communities in equipping and manufacturing tools and related artifacts;

g/ Supporting host communities of the heritage to practice, and maintain practice of, the heritage;

h/ Other safeguarding measures as proposed by communities, ensuring adherence to the principles specified in Articles 4 and 5 of this Decree and suitability to each type of heritage;

i/ Formulating, and organizing the implementation of, schemes on urgent safeguarding tasks and submit reports thereon to competent authorities for approval of funds and organization of the performance of urgent safeguarding tasks;

k/ Reporting thereon in writing to the Ministry of Culture, Sports and Tourism for timely guidance and coordination; requesting support from the UNESCO when necessary.

4. Funds for urgent safeguarding of heritage at risk of fading or loss must comply with Clause 2, Article 17 of this Decree.

Article 13. Restoration of intangible cultural heritage

1. The restoration task covers: restoring expressions, customs, practices, objects, space of practice and related environments of intangible cultural heritage.

2. The restoration of intangible cultural heritage must adhere to the principles specified in Articles 4 and 5 of this Decree and the following principles:

a/ To formulate and submit to competent authorities schemes of, or tasks on, restoration of intangible cultural heritage;

b/ To ensure participation and consensus of hosts of the heritage and provincial-level cultural heritage management agencies;

c/ To documentize the heritage restoration process;

d/ To send reports on results and products of documentation to provincial-level cultural heritage management agencies and include them in the national cultural heritage database.

3. Based on the results of implementation of heritage restoration schemes, Chairpersons of provincial-level People’s Committees shall allocate resources so as to maintain the practice of, and promote, the heritage in society.

Article 14. Promotion and safeguarding of the value of intangible cultural heritage

1. The management, safeguarding, and promotion of the value of, heritage ​​shall be carried out under schemes or tasks formulated and submitted to competent agencies according to regulations.

2. Types of schemes:

a/ Scheme on management, safeguarding, and promotion of the value of, one or more than one of the intangible cultural heritage on the UNESCO Lists;

b/ Scheme on management, safeguarding, and promotion of the value of, one or more than one of the intangible cultural heritage on the National List;

c/ Scheme on safeguarding of the intangible cultural heritage at risk of fading or loss and in need of urgent safeguarding.

3. Principal contents of a scheme:

a/ Necessity for formulating the scheme;

b/ Domestic and international legal regulations related to the management, safeguarding, and promotion of the value of, the heritage;

c/ Description of the heritage covered by the scheme; individuals and communities being hosts of the heritage; value of the heritage;

d/ Current status of practice, management, safeguarding, and promotion of the value of, the heritage;

d/ Issues, factors, and risks affecting the practice, management, safeguarding, and promotion of the value of, the heritage;

e/ Analysis and evaluation of the impact of the scheme on the current status of the practice of the heritage;

g/ Main content, tasks and activities of the scheme;

h/ Schedule and time of implementation of the scheme;

i/ Funds for implementation of the scheme; name and content of component projects (if any);

k/ Responsibilities (of agencies, organizations and individuals) to organize implementation of the scheme;

l/ Proposed measures for management, safeguarding, and promotion of the value of, the heritage.

4. Schemes shall be formulated every 5 (five) years, with a vision of 10 (ten) years.

5. Schemes shall be adjusted and supplemented in the course of implementation according to the schedule or promptly adjusted and supplemented depending on the current status of the heritage to ensure suitability and feasibility.

Article 15. Responsibilities for formulation, and the order, dossiers and competence for approval of, schemes on management, safeguarding, and promotion of the value of, intangible cultural heritage

1. Responsibilities for formulation of the schemes:

a/ Chairpersons of provincial-level People’s Committees shall formulate the schemes in their localities;

b/ Ministers and heads of ministerial-level agencies shall formulate the schemes according to their functions, tasks and powers.

c/ The Minister of Culture, Sports and Tourism shall:

Organize the reaching of agreement on the schemes proposed by chairpersons of provincial-level People’s Committees, ministers or heads of ministerial-level agencies; and, when necessary, send documents to related agencies and organizations to seek scientific opinions or consult opinions of experts and host communities of the relevant intangible cultural heritage;

Summarize and propose to the Prime Minister for approval the schemes on management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO Lists proposed by chairpersons of provincial-level People’s Committees, ministers or heads of ministerial-level agencies.

Decide to select a provincial-level People’s Committee to assume the prime responsibility for formulation of a scheme involving 2 (two) or more provincial-level administrative units based on the consensus of the involved provincial-level People’s Committee(s). The chairpersons of the involved provincial-level People’s Committees shall coordinate in formulation and implementation of the scheme.

2. Competence to approve the schemes:

a/ The Prime Minister shall approve schemes on management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO Lists after obtaining opinions of the National Cultural Heritage Council;

b/ Chairpersons of provincial-level People’s Committees shall approve or jointly approve schemes on management, safeguarding, and promotion of the value of, the intangible cultural heritage present in their localities after obtaining the agreement of the Ministry of Culture, Sports and Tourism;

c/ Ministers and heads of ministerial-level agencies shall approve schemes formulated by ministries and ministerial-level agencies after seeking opinions of provincial-level People’s Committees of the localities where the schemes will be implemented, professional opinions of the Ministry of Culture, Sports and Tourism, and opinions of related agencies, organizations and communities.

3. A dossier submitted to the Ministry of Culture, Sports and Tourism to seek the latter’s agreement on a scheme must comprise:

a/ A document submitted by a minister, ministerial-level agency’s head or provincial-level People’s Committee chairperson to the Minister of Culture, Sports and Tourism to seek the latter’s agreement on the scheme;

b/ A draft of the scheme;

c/ A report on the actual state of the heritage;

d/ A minutes of the meeting to seek consensus of the host community of the heritage in the area where the scheme will be implemented;

dd/ Other related documents for reference or use as evidence for the contents stated in the scheme to facilitate the approval of, and reaching of agreement on the scheme.

4. A dossier submitted to the Prime Minister for approval of a scheme on management, safeguarding, and promotion of the value of, an intangible cultural heritage on the UNESCO Lists must comprise:

a/ A proposal for approval of the scheme submitted by a minister, ministerial-level agency’s head or provincial-level People’s Committee chairperson to the Prime Minister;

b/ A draft of the scheme;

c/ A report on the actual state of the heritage;

d/ The written agreement of the Ministry of Culture, Sports and Tourism; and opinions of the National Cultural Heritage Council;

dd/ A minutes of the meeting to seek consensus of the host community of the heritage in the area where the scheme will be implemented;

e/ Other related documents for reference or use as evidence for the contents stated in the scheme to facilitate the approval of the scheme.

5. Chairpersons of provincial-level People’s Committees, ministers and heads of ministerial-level agencies shall organize preliminary reviews and re-evaluations of the schemes after 2 (two) years of implementation, consider adjustment (when necessary) to ensure the consistency with realities of the scheme implementation; and report the implementation results to the Ministry of Culture and, Sports and Tourism within 3 (three) months after the schemes’ final reviews.

Article 16. International cooperation

International cooperation in the management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO Lists and National List covers:

1. Organization of conferences, seminars, and coaching and training courses for capacity building.

2. Organization of festivals, exchanges, exhibitions, displays and introduction of the heritage.

3. Intensification of the receipt, transfer and application of information technology in the research, documentation, management, safeguarding, and promotion of the value of, intangible cultural heritage.

4. Preparation of multinational reports and dossiers.

5. Receipt of and calling for international assistance.

6. Public communication about the 2003 Convention.

7. Participation in meetings of, candidacy for, and participation in, the Intergovernmental Committee of the 2003 Convention and other related international cooperation activities.

Article 17. Funds for management, safeguarding, and promotion of the value of, intangible cultural heritage

1. Financial sources for management, safeguarding, and promotion of the value of, the intangible cultural heritage ​​on the UNESCO’s Lists and National List include:

a/ Funds annually allocated by the State within budget expenditure estimates of related ministries, central agencies and localities in accordance with the law on the state budget’s provisions on budget decentralization;

b/ Donations and contributions of domestic and foreign organizations and individuals;

c/ Other lawful financial sources.

2. Funds for the formulation and organization of implementation of schemes on urgent safeguarding of intangible cultural heritage shall be covered by the state budget and other lawful funding sources.

Chapter III

MANAGEMENT RESPONSIBILITIES WITH REGARD TO THE SAFEGUARDING AND PROMOTION OF THE VALUE OF THE INTANGIBLE CULTURAL HERITAGE ON THE UNESCO LISTS AND NATIONAL LIST

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

1. To direct and guide the formulation of nomination dossiers of the intangible cultural heritage on the National List for submission to the UNESCO.

2. To announce the national commitments of action for safeguarding of the intangible cultural heritage recognized by the UNESCO at the Ceremonies of receiving the UNESCO certificates, including the following contents:

a/ Further carrying out the identification of the value of, research into, and inventory and documentation of, the intangible cultural heritage;

b/ Creating conditions for the practice, creation and teaching of the heritage;

c/ Intensifying appropriate forms and contents of education in and out of school;

d/ Honoring individuals and communities with outstanding contributions in the practice, teaching, safeguarding, and promotion of the value of, the heritage;

dd/ Coordinating with media agencies and professional associations in organizing programs to introduce and promote the value of the heritage.

3. To be responsible for implementation of the UNESCO’s guidelines and policies on safeguarding of intangible cultural heritage in compliance with the commitments and obligations of a Member State to the 2003 Convention; to prepare and submit national reports; to resolve the UNESCO’s recommendations on safeguarding of intangible cultural heritage.

4. To assume the prime responsibility for, and coordinate with related ministries, sectors and central agencies in, performing the state management with regard to the intangible cultural heritage on the UNESCO Lists and National List in accordance with law.

5. To guide the inventory, teaching, education and organization of festivals of intangible cultural heritage.

6. To organize and direct the safeguarding, and promotion of the value of, intangible cultural heritage; to carry out public communication, dissemination and education of the law on intangible cultural heritage.

7. To direct and manage the application of science and technology to the management, safeguarding, and promotion of the value of, intangible cultural heritage.

8. To organize and manage scientific research, training and further training of the contingent of proffesional staffs; to manage and enforce the law on intangible cultural heritage.

9. To praise and commend individuals, communities and organizations with achievements in the safeguarding, and promotion of the value of, intangible cultural heritage according to its competence.

10. To organize and manage international cooperation in the safeguarding, and promotion of the value of, intangible cultural heritage.

11. To inspect and examine the compliance with the law on management, safeguarding, and promotion of the value of, heritage; to handle violations of the law on intangible cultural heritage.

Article 19. Responsibilities of the Ministry of Foreign Affairs

1. To assume the prime responsibility and act as an information coordinator for the contents requested by the UNESCO; to send information to the Ministry of Culture, Sports and Tourism serving the performance of the responsibilities of a Member State to the 2003 Convention.

2. To urge the implementation of the reporting regime as specified in the 2003 Convention.

Article 20. Responsibilities of provincial-level People’s Committees

1. To direct and organize the implementation of public communication, dissemination, inspection and examination of the implementation of this Decree.

2. To approve, and organize the implementation of, the schemes according to their competence; to allocate funds and arrange capital sources for the management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO Lists and National List so as to spend money for proper objectives in an efficient manner, avoid losses and ensure compliance with law.

3. To proactively identify the list of intangible cultural heritage present in their localities and at risk of fading or loss; to direct the implementation of urgent measures to protect the heritage.

4. To direct the organization of formulation of reports, and education and training programs to help raise capacity and awareness of intangible cultural heritage.

5. To coordinate with state management agencies in charge of heritage, and central and local news and press agencies in carrying out public communication about, and promotion of the value of, intangible cultural heritage.

6. To make recommendations to competent agencies on solving difficulties regarding regimes and policies in the management, safeguarding, and promotion of the value of, intangible cultural heritage.

7. To direct and organize the inventory and formulation of dossiers of the intangible cultural heritage on the National List for sending to the Ministry of Culture, Sports and Tourism for submission to the Prime Minister to ask for the latter’s permission for submission to the UNESCO.

8. To direct and manage the application of science and technology in the management, safeguarding, and promotion of the value of, intangible cultural heritage ​in their localities.

9. To inspect, prevent and strictly handle violations of the principles specified in Articles 4 and 5 of this Decree.

10. To praise and commend individuals and organizations with achievements in the management, safeguarding, and promotion of the value of, intangible cultural heritages​​according to their competence.

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

Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in, performing the state management of the intangible cultural heritage on the UNESCO Lists and National List in accordance with law.

Article 22. Responsibilities of the National Cultural Heritage Council

1. To provide consultancy on scientific issues related to the formulation and implementation of national action programs and schemes on management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO’s Lists at the request of the Prime Minister or the proposal of the Ministry of Culture, Sports and Tourism.

2. To coordinate with the Ministry of Culture, Sports and Tourism in inspecting and supervising the implementation of international commitments on management and safeguarding of the intangible cultural heritage on the UNESCO Lists.

Article 23. Responsibilities of communities and individuals practicing the intangible cultural heritage on the UNESCO Lists and National List

1. To participate in the inventory, practice, teaching, research, documentation, restoration, and provision of instructions for the practice of intangible cultural heritage, and public communication about the value ​​of intangible cultural heritage in and outside the communities.

2. To participate in the process of formulating dossiers of intangible cultural heritage for nomination for inclusion in the UNESCO Lists.

3. To report to competent agencies on violations of the law on cultural heritage and the 2003 Convention.

Article 24. Responsibilities of other organizations and individuals

Local administrations at all levels, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, host communities of heritage and related individuals shall create conditions for and coordinate with competent agencies and organizations and individuals assigned to perform the tasks of management, safeguarding, and promotion of the value of, the intangible cultural heritage on the UNESCO Lists and National List in accordance with the law on cultural heritage.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 25. Effect

This Decree takes effect on June 1, 2024.

Article 26. Implementation responsibility

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, the Chairperson of the National Cultural Heritage Council and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA