Law on Cultural Heritage, No. 45/2024/QH15

LAW

ON CULTURAL HERITAGE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Cultural Heritage.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides cultural heritage; management, safeguarding and promotion of values of cultural heritage; and rights, obligations and responsibilities of agencies, organizations, communities and individuals in the management, safeguarding and promotion of values of cultural heritage of the Socialist Republic of Vietnam.

2. Cultural heritage defined in this Law includes intangible cultural heritage and tangible cultural heritage of the Socialist Republic of Vietnam that are handed down from generation to generation.

Article 2. Subjects of application

This Law applies to agencies, organizations, communities and Vietnamese residing in Vietnam; agencies, organizations, communities and foreigners residing and operating in Vietnam; and Vietnamese permanently living and operating overseas and involved in the management, safeguarding and promotion of values of cultural heritage.

Article 3. Interpretation of terms

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

1. Intangible cultural heritage means knowledge, skills, practices, cultural expressions as well as objects, artifacts and spaces associated therewith that communities, groups of people and individuals practice and transmit from generation to generation and that form their cultural identity, continuously transmitted, protected, reproduced and created, and having historical, cultural and/or scientific values.

2. Tangible cultural heritage means physical products possessing one, several or all of historical, cultural, scientific and aesthetic values, and includes historical-cultural relics, scenic spots, vestiges, antiquities and national treasures.

3. Historical-cultural relics means architectural and artistic works, complexes of construction works, archaeological sites or structures; and vestiges, antiquities and national treasures pertaining to those works, complexes, sites or structures that have historical, cultural and/or scientific values.

4. Scenic spot means a natural landscape or a natural landscape/place associated with an architectural work of historical, scientific and/or aesthetic values.

5. Documentary heritage means original information contents intentionally created by groups of people or individuals, directly expressed in signs, cypher, scripts, drawings, sounds, or static or dynamic images, in numerical form and other forms on original information carriers that are accessible and have historical, cultural, scientific and/or aesthetic values for at least one community, and taken over and transmitted.

6. Vestige means an object that has been transmitted and has historical, cultural and/or scientific values.

7. Antiquity means a vestige that has typical historical, cultural and/or scientific values and has existed for 100 years or more.

8. National treasure means a vestige or an antiquity of exceptionally precious and rare and typical values of the country in terms of history, culture and science.

9. Collection means a combination of vestiges, antiquities, national treasures and documentary heritage that are collected, preserved and systematically arranged based on general signs in terms of form, content or material to meet the need of learning about natural history and society.

10. Museum means a cultural institution that performs the tasks of researching, collecting, inventorying, documenting, preserving, displaying, interpreting, educating and communicating cultural heritage, thereby serving the public’s needs for visiting, learning and experiencing history, culture and science and promoting sustainable development.

11. Inventory of cultural heritage means the identification, valuation, evaluation of the current status and risk of deterioration, establishment of legal bases, and compilation of lists and scientific files, of cultural heritage.

12. Inscription means the inclusion of intangible cultural heritage or documentary heritage that satisfies the law-specified criteria in the National List of Intangible Cultural Heritage, the National List of Documentary Heritage or Lists of the United Nations Educational, Scientific and Cultural Organization (UNESCO), covering inscription of intangible cultural heritage and inscription of documentary heritage.

13. Preservation means a combination of activities and measures to prevent and mitigate the risk of damaging or destroying, without changing the original elements constituting, historical-cultural relics, scenic spots, vestiges, antiquities, national treasures or documentary heritage, covering preservation of historical-cultural relics, scenic spots, vestiges, antiquities, national treasures and documentary heritage.

14. Intangible cultural heritage bearers means communities, groups of people or individuals that create, take over, own, hold, practice, transmit and reproduce intangible cultural heritage.

15. Intangible cultural heritage artisan means a person who practices, holds and transmits skills, techniques and know-how at a high level and has a sound understanding of intangible cultural heritage.

16. Practitioner means a member of the community of intangible cultural heritage bearers who actively participates in the practice, transmission and reproduction of cultural heritage, contributing to the complete practice of cultural heritage and the formation of cultural identities and for the benefit of the community of bearers.

17. Associated cultural space means a place where the community of bearers create, express, maintain and hand down intangible cultural heritage.

18. Cultural landscape of a relic means a natural and eco-environmental landscape and natural material landscape space containing historical, cultural, scientific and/or aesthetic values together with tangible and intangible cultural spaces associated therewith that are important for the formation of values of historical-cultural relics and scenic spots.

19. Original elements constituting a relic means elements that create historical, cultural, scientific and/or aesthetic values, expressing the characteristics of a historical-cultural relic or scenic spot.

20. Relic revitalization means the revitalization of a destroyed historical-cultural relic or scenic spot on the basis of scientific data on historical-cultural relics and scenic spots.

21. Relic restoration means activities of repairing, reinforcing and embellishing without affecting original elements constituting a historical-cultural relic or scenic spot.

22. Relic embellishment means activities aimed at increasing the usability, exploitability and values of, without affecting the original elements constituting, relics and cultural landscapes of historical-cultural relics and scenic spots.

23. Urgent repair of a relic means activities of repairing or temporarily supporting, reinforcing and consolidating a historical-cultural relic or scenic spot to prevent it from collapsing or being destroyed without disassembling all of its architectural structures and components.

24. Socio-economic work means a work built under the relevant socio-economic development strategy, master plan or plan of the country or a region or locality.

25. Works serving safeguarding and promotion of values of relics means auxiliary works, technical infrastructure or embellished cultural landscapes of historical-cultural relics, scenic spots, museums and galleries related to the values of historical-cultural relics and scenic spots, the function of ensuring safety and security for historical-cultural relics and scenic spots, and the use and service of cultural activities taking place at historical-cultural relics and scenic spots, in conformity with the nature and type of historical-cultural relics and scenic spots.

26. Archaeological exploration and excavation means scientific activities of discovering, collecting and researching vestiges, antiquities, national treasures and archaeological sites.

27. Conservation of cultural heritage means activities of safeguarding, and preserving the permanent and stable existence of, cultural heritage in its inherent form.

Article 4. Ownership over cultural heritage

1. Vietnam’s cultural heritage is a precious asset of the Vietnamese ethnic community, constitutes part of cultural heritage of the mankind, and plays a great role in the cause of national construction and safeguarding of the people. The State shall act as the owner’s representative of and uniformly manage cultural heritage under the entire-people ownership; and recognize and protect cultural heritage under private ownership and common ownership in accordance with the Constitution, this Law and relevant laws.

2. Cultural heritage over which the entire-people ownership is established includes:

a/ Historical-cultural relics, scenic spots, documentary heritage and objects pertaining to relics; objects, vestiges, antiquities, national treasures and documentary heritage belonging to state agencies, political organizations, socio-political organizations and public non-business units and not specified in Clauses 3 and 4 of this Article;

b/ Objects and documentary heritage belonging to public museums;

c/ Cultural heritage in underground and underwater areas on the mainland and islands, and in the inland waters and maritime zones of Vietnam;

d/ Underwater cultural heritage of Vietnamese origin located outside the inland waters and maritime zones of Vietnam over which the entire-people ownership is established in accordance with this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party;

dd/ Cultural heritage collected by agencies, organizations and public units by the methods specified in Clause 1, Article 42, and Clause 2, Article 58 of this Law;

e/ Vestiges, antiquities and national treasures collected, kept, preserved and promoted by public museums;

g/ Derelict assets or assets with unidentifiable owners over which the entire-people ownership is established in accordance with the Civil Code when treated as cultural heritage;

h/ Assets being cultural heritage voluntarily transferred by their owners to the State, or having no heirs; and assets being other cultural heritage belonging to the State in accordance with the Civil Code and the law on management and use of public assets;

i/ Intangible cultural heritage with unidentifiable creative bearers and owners or created, practiced, transmitted, held and taken over and transferred by communities, groups of people or individuals to the State;

k/ Other cases specified by law.

3. Cultural heritage over which private ownership is established includes:

a/ Vestiges, antiquities, national treasures and documentary heritage that are collected and kept by one individual or one legal person;

b/ Vestiges and antiquities that are possessed by one individual or one legal person bona fide, continuously and publicly in accordance with the Civil Code;

c/ Historical-cultural relics, objects and documentary heritage pertaining to relics or documentary heritage that are established, created, managed, safeguarded and promoted by one individual or one legal person;

d/ Know-how and skills for practicing intangible cultural heritage that are created, taken over, held, practiced and transmitted by one individual;

dd/ Other cases specified by law.

4. Cultural heritage over which common ownership is established includes:

a/ Vestiges, antiquities, national treasures and documentary heritage that are collected and kept by organizations other than legal persons, families, clans or communities, except the case specified at Point e, Clause 2 of this Article;

b/ Vestiges and antiquities owned by organizations other than legal persons, families, clans or communities bona fide, continuously and publicly in accordance with the Civil Code;

c/ Historical-cultural relics, objects, documentary heritage pertaining to relics and documentary heritage that are established, created, managed, safeguarded and promoted by organizations other than legal persons, families, clans or communities;

d/ Intangible cultural heritage, know-how and skills for practicing intangible cultural heritage that are created, taken over, held, practiced and transmitted by communities or groups of people;

dd/ Other cases specified by law.

5. Ownership over cultural heritage shall be established with disputes settled and violations handled in accordance with this Law and other relevant laws.

Article 5. Rights, obligations and responsibilities with regard to cultural heritage

1. Rights of agencies, organizations, units, communities, families, clans, legal persons and individuals with regard to cultural heritage:

a/ To lawfully own cultural heritage; to have intellectual property rights recognized and protected;

b/ To visit, research, collect and document cultural heritage;

c/ To exploit, use, and promote values of, cultural heritage;

d/ To be commended by the State in accordance with law;

dd/ To trade in, purchase and sell, exchange, donate, bequeath, practice and teach cultural heritage, and exercise other rights in accordance with this Law and other relevant laws.

2. Obligations and responsibilities of agencies, organizations, units, communities, families, clans, legal persons and individuals with regard to cultural heritage:

a/ To comply with the law on cultural heritage;

b/ To respect, safeguard, and promote values of, cultural heritage;

c/ To prevent or propose competent state agencies to prevent and promptly handle the prohibited acts specified in Article 9 of this Law and other law-breaking acts;

d/ To promptly notify places of discovery of vestiges, antiquities, national treasures, documentary heritage, historical-cultural relics and scenic spots; to hand over vestiges, antiquities, national treasures and documentary heritage they have found to competent state agencies in the nearest places;

dd/ To perform other obligations and responsibilities specified by law.

3. Rights of cultural heritage owners:

a/ To benefit from the safeguarding and promotion of values of cultural heritage in accordance with law;

b/ To receive support from, and coordinate with, competent state agencies in charge of culture in identifying and valuating, and carrying out procedures for inclusion of, cultural heritage in inventory lists; to have their information kept confidential if so request;

c/ To receive support from, and coordinate with, competent state agencies in charge of culture in keeping, preservation and documentation activities, thereby facilitating the safeguarding and promotion of values of cultural heritage as agreed upon;

d/ To receive support and instructions from competent state agencies for the safeguarding and promotion of values of cultural heritage;

dd/ If not qualified for safeguarding and promoting values of cultural heritage, to send materials on intangible cultural heritage, vestiges, antiquities, national treasures and documentary heritage to public museums or state agencies or the State’s organizations with appropriate competence and functions;

e/ To exercise other rights provided by law.

4. Responsibilities of cultural heritage owners:

a/ To facilitate the visit and access to, and research into, cultural heritage in accordance with law;

b/ To implement measures to safeguard and promote values of cultural heritage; to promptly notify competent state agencies in case cultural heritage is at risk of being distorted, destroyed or lost;

c/ To perform other responsibilities specified by law.

5. Rights of agencies, organizations, units, communities, families, clans, legal persons and individuals managing cultural heritage:

a/ After being considered by the State, to receive part of funds for the safeguarding and promotion of values of cultural heritage;

b/ To manage, exploit, use, and promote values of cultural heritage without affecting original elements constituting relics and the integrity of inherent values of cultural heritage;

c/ To exercise other rights provided by law.

6. Responsibilities of agencies, organizations, units, communities, families, clans, legal persons and individuals managing cultural heritage:

a/ To facilitate the visit and access to, and research into, cultural heritage in accordance with law;

b/ To safeguard and preserve cultural heritage;

c/ To implement measures to prevent and promptly stop acts of infringing upon cultural heritage;

d/ To promptly notify cultural heritage owners or competent state agencies in localities when the cultural heritage shows signs of value deviation, or is at risk of being destroyed or lost;

dd/ To perform other responsibilities specified by law.

Article 6. Principles of management, safeguarding, and promotion of values of cultural heritage

1. All cultural heritage in the territory of Vietnam, originating in the country or foreign countries, and taking different forms of ownership shall be managed, safeguarded and promoted in accordance with this Law and other relevant laws.

2. To manage, safeguard, and promote values of, cultural heritage are rights, obligations and responsibilities of all agencies, organizations, communities and individuals.

3. Vietnam’s cultural heritage in foreign countries shall be safeguarded in accordance with international law and treaties to which the Socialist Republic of Vietnam is a contracting party.

4. To ensure interests of the country and the nation in harmony with the lawful rights and interests of organizations, communities and individuals; to respect cultural diversity, dialogue between communities, and ethnic and regional particularities.

5. To prioritize the safeguarding and promotion of values of cultural heritage in danger of being faded away or falling into oblivion, historical-cultural relics, scenic spots, cultural heritage of ethnic minority communities, communities in mountainous, border and island areas and ethnic minorities with very small populations, and cultural heritage of values for the entire community and society.

6. To ensure the best preservation of original elements constituting relics and the originality of documentary heritage; and inherent values and forms of expression of intangible cultural heritage.

7. To respect rights of intangible cultural heritage bearers and intangible cultural heritage artisans in deciding on elements in need of safeguarding and the form and extent to which cultural heritage should be promoted; to identify risks and impacts that threaten the existence of, and devise solutions to safeguard, cultural heritage.

8. To include contents on safeguarding and promotion of values of cultural heritage in national, regional and local socio-economic development strategies, master plans and plans.

Article 7. The State’s policies on cultural heritage

1. The State shall play a leading role in ensuring and developing activities of safeguarding and promoting values of cultural heritage; and mobilizing social resources for activities of safeguarding and promoting values of cultural heritage of geographical areas, regions and ethnic minorities.

2. To protect lawful rights and interests of cultural heritage owners.

3. To prioritize the allocation of state budget funds for the following activities:

a/ Safeguarding and promoting values of cultural heritage already inscribed or recognized by the UNESCO;

b/ Safeguarding and promoting values of spoken and written languages of Vietnamese ethnic groups; oral expressions and traditions; folk performing arts; traditional architecture; traditional handicrafts; folk knowledge and experience on disease prevention and treatment and other folk knowledge; and traditional cuisine, costumes and festivals;

c/ Safeguarding and promoting values of cultural heritage of ethnic minorities-inhabited, mountainous, border and island areas, giving special priority to the safeguarding and promotion of values of cultural heritage of ethnic minorities with very small populations and ethnic minorities in danger of losing cultural values of their ethnic groups;

d/ Safeguarding and promoting values of special national relics and historical-cultural relics under the all-people ownership that suffer serious degradation; important public museums; national treasures; intangible cultural heritage on the National List of Intangible Cultural Heritage; documentary heritage on the National List of Documentary Heritage; and intangible cultural heritage in danger of being faded away or falling into oblivion.

The Government shall provide in detail important public museums mentioned at this Point;

dd/ Conducting scientific and technological research and applying scientific and technological advances, digitizing cultural heritage, and carrying out digital transformation in the safeguarding and promotion of values of cultural heritage.

4. To honor, and adopt preferential treatment policies for, artisans with outstanding talents and artisans with meritorious contributions to safeguarding and promoting values of intangible cultural heritage, especially ethnic minority artisans, artisans living in mountainous, border and island areas, and artisans who are people with disabilities or members of poor households or households living just above the poverty line.

5. To provide support for the professional training and improvement of capacity and technical skills for persons engaged in the safeguarding and promotion of values of cultural heritage, particularly persons in ethnic minority areas and persons living in mountainous, border and island areas.

6. To assist and create favorable conditions for organizations and individuals to provide aid, donations and support, and invest money, human resources and physical foundations for the safeguarding and promotion of values of cultural heritage and to the Cultural Heritage Conservation Funds established under decision(s) of the Minister of Culture, Sports and Tourism or chairpersons of provincial-level People’s Committees.

7. To create conditions for regions and localities to promote linkages and activities of safeguarding and promoting values of cultural heritage, and for localities to establish Cultural Heritage Conservation Funds in accordance with law in order to take the initiative in conserving degraded cultural heritage, particularly cultural heritage affected by natural conditions, disasters, storms and floods, and cultural heritage in ethnic minority and mountainous areas.

8. To grant exemption or reduction of entrance tickets to cultural heritage at museums, historical-cultural relics and scenic spots under the entire-people ownership for children, pupils, students, people being members of poor households or households living just above the poverty line, the elderly, people with disabilities, people with meritorious services to the revolution, ethnic minority people in communes with extremely difficult socio-economic conditions, people’s artisans, emeritus artisans, and a number of special beneficiaries defined in this Law and other relevant laws.

9. To provide support and favorable conditions for organizations and individuals to provide cultural heritage-related services in accordance with this Law and other relevant laws.

Article 8. Vietnam Cultural Heritage Day

November 23 every year is the Vietnam Cultural Heritage Day.

Article 9. Prohibited acts

1. Appropriating cultural heritage; falsifying original elements constituting relics, or contents and values of relics and documentary heritage; falsely disseminating and practicing intangible cultural heritage contents or introducing inappropriate elements that reduce values of relics or intangible cultural heritage.

2. Infringing upon, destroying, or threatening to destroy, cultural heritage and cultural landscapes of relics.

3. Exploiting or using cultural heritage that infringe upon lawful rights and interests of agencies, organizations, individuals or communities or interests of the country and the nation.

4. Taking advantage of cultural heritage and the management, safeguarding and promotion of values of cultural heritage, recognition and inscription of cultural heritage for self-seeking purposes, or for practicing worshipping or beliefs and committing other illegal acts; practicing discrimination or cultural stigma, creating cultural competition, contradictions, disputes and conflicts; or hindering rights to cultural creation, cultural practice and cultural enjoyment of the community of cultural heritage bearers.

5. Recognizing and conferring titles related to cultural heritage in contravention of law.

6. Illegally excavating archaeological sites; illegally searching for and salvaging underwater vestiges, antiquities and national treasures; digging and searching vestiges and antiquities; carrying out illegal construction activities in relic safeguarding areas, archaeological exploration and excavation areas, and archaeological sites included in archaeological master plans.

7. Purchasing and selling, collecting, trading in and exchanging vestiges, antiquities, national treasures and documentary heritage of illegal origin.

8. Encroaching upon or destroying land areas with historical-cultural relics or scenic spots.

9. Preserving, restoring or revitalizing historical-cultural relics and scenic spots without obtaining opinions, or failing to comply with investment policy approval decisions, investment policy decisions, project investment or approval decisions, or appraisal contents, of competent state agencies in accordance with this Law and other relevant laws.

10. Providing cultural heritage-related services without satisfying the conditions specified in Articles 78, 79, 80 and 81 of this Law.

11. Counterfeiting vestiges, antiquities, national treasures and documentary heritage; illegally trading in, exchanging and transporting vestiges, antiquities, national treasures and documentary heritage; illegally bringing vestiges, antiquities, national treasures and documentary heritage abroad.

12. Taking advantage of the safeguarding and promotion of values of cultural heritage to distort the State’s guidelines, policies and laws or to oppose the State of the Socialist Republic of Vietnam; dividing the great national unity; provoking violence and hatred between ethnic groups and religions; carrying out propaganda of war of aggression; undermining fine customs; and spreading superstition.

13. Taking advantage of the performance of the task of collecting objects to purchase, or advise other organizations and individuals on the purchase and sale of, objects subject to collection by public museums, or disclosing information related to the purchase and sale of objects without obtaining the written consent of competent persons of the agencies or organizations assigned to manage museums and object owners.

Chapter II

SAFEGUARDING AND PROMOTION OF VALUES OF INTANGIBLE CULTURAL HERITAGE

Article 10. Types of intangible cultural heritage

Intangible cultural heritage takes the following types:

1. Oral expressions and traditions, including forms of expressing information in languages, spoken languages, written languages, characters and folklore;

2. Folk performing arts, including music, dance, singing, traditional theater and other forms of folk performance;

3. Social practices and beliefs, including regular and stable practices that express the community’s concepts and beliefs through rituals associated with traditional customs and practices with cultural identities of the community of bearers;

4. Traditional festivals, including ritual practices and folklore activities of the community that are carried out cyclically in associated cultural spaces;

5. Folk knowledge, including knowledge of the nature and universe, human health and life, labor, production, disease prevention and treatment, cuisine, and costumes, and other folk knowledge;

6. Traditional handicrafts, including handicraft practices with knowledge, skills, techniques, know-how and arts together with instruments, objects, artifacts and natural materials that create products with cultural identities of the community of bearers.

Article 11. Inventory of intangible cultural heritage and inventory lists of intangible cultural heritage

1. Intangible cultural heritage shall be inventoried for inclusion in the inventory lists of intangible cultural heritage of provinces and centrally run cities (below referred to as inventory lists of intangible cultural heritage). Inventory lists of intangible cultural heritage shall be reviewed and updated on an annual basis.

2. Chairpersons of provincial-level People’s Committees shall direct and organize the inventory of, and approve and announce, inventory lists of intangible cultural heritage and remove intangible cultural heritage in localities from such inventory lists of intangible cultural heritage.

3. The Minister of Culture, Sports and Tourism shall detail this Article.

Article 12. Lists and criteria for inscription or additional inscription of intangible cultural heritage

1. Intangible cultural heritage shall be inscribed or additionally inscribed on the following lists:

a/ National List of Intangible Cultural Heritage;

b/ The UNESCO’s Lists, including: List of Intangible Cultural Heritage in Need of Urgent Safeguarding, the Representative List of the Intangible Cultural Heritage of Humanity, and the Register of Good Safeguarding Practices.

2. An intangible cultural heritage shall be inscribed or additionally inscribed on the National List of Intangible Cultural Heritage when fully satisfying the following criteria:

a/ It is on the relevant Inventory List of intangible cultural heritage;

b/ It represents and expresses the identity of the community or locality;

c/ It can recover and exist for a long time;

d/ The proposed safeguarding measure is feasible;

dd/ It is nominated with consensus and voluntariness and committed for safeguarding by the community.

3. An intangible cultural heritage shall be eligible for compilation of a dossier of request for inscription or additional inscription by the UNESCO when fully satisfying the following criteria:

a/ Being on the National List of Intangible Cultural Heritage;

b/ Satisfying the inscription criteria specified in the UNESCO’s regulations and guidelines.

Article 13. Inscription or additional inscription and cancellation of inscription of intangible cultural heritage

1. Inscription or additional inscription on the National List of Intangible Cultural Heritage:

a/ Provincial-level People’s Committees shall compile scientific files of intangible cultural heritage in their localities. Scientific files of intangible cultural heritage must contain appraisal opinions of the Appraisal Councils established by chairpersons of provincial-level People’s Committees.

In case an intangible cultural heritage is located in 2 or more provinces and centrally run cities, the provincial-level People’s Committee of each locality where the intangible cultural heritage is located may compile and submit a separate scientific file of such intangible cultural heritage or the localities shall agree to let one of them compile and submit a general scientific file of the intangible cultural heritage;

b/ Provincial-level People’s Committees shall submit scientific files of intangible cultural heritage in their localities and propose the Minister of Culture, Sports and Tourism to consider and inscribe or additionally inscribe intangible cultural heritage on the National List of Intangible Cultural Heritage;

c/ The Minister of Culture, Sports and Tourism shall consider and decide on the inscription or additional inscription of, announce and grant a certificate of inscription or additional inscription of intangible cultural heritage to be included in the National List of Intangible Cultural Heritage, based on the scientific file of the intangible cultural heritage, proposal of the provincial-level People’s Committee and appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

2. Inscription or additional inscription of intangible cultural heritage on the UNESCO’s Lists:

a/ The chairperson of a provincial-level People’s Committee shall send a written request to the Minister of Culture, Sports and Tourism for the latter to consider and propose the Prime Minister to permit and assign the provincial-level People’s Committee to compile a scientific file of an intangible cultural heritage requested for inscription or additional inscription on the UNESCO’s List, for an intangible cultural heritage located in one province or centrally run city or intangible cultural heritage located in 2 or more provinces or centrally run cities after the localities agree to let one of them compile a scientific file of the intangible cultural heritage.

In case of requesting the UNESCO to inscribe or additionally inscribe a multinational intangible cultural heritage, the Minister of Culture, Sports and Tourism shall consider and submit to the Prime Minister for the latter to permit and assign the provincial-level People’s Committee of the locality where the intangible cultural heritage is located to assume the prime responsibility for, and coordinate with the competent authority of the related State Party in, compiling a scientific file of the intangible cultural heritage;

b/ The provincial-level People’s Committee shall compile the scientific file of the intangible cultural heritage requested for inscription or additional inscription for appraisal by the Minister of Culture, Sports and Tourism. The scientific file of the intangible cultural heritage proposed by the provincial-level People’s Committee must contain appraisal opinions of the Appraisal Council established by the chairperson of the provincial-level People’s Committee;

c/ The Minister of Culture, Sports and Tourism shall consider and submit to the Prime Minister for decision the request for the UNESCO to inscribe or additionally inscribe Vietnam’s intangible cultural heritage, based on the scientific file of the intangible cultural heritage, the proposal of the provincial-level People’s Committee and appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism. The scientific file of the intangible cultural heritage submitted to the Prime Minister by the Minister of Culture, Sports and Tourism must contain written opinions of the National Council for Cultural Heritage;

d/ The inscription or additional inscription of Vietnam’s intangible cultural heritage on the UNESCO’s Lists must comply with the UNESCO’s regulations and guidelines.

3. Cancellation of inscription of intangible cultural heritage:

a/ The Minister of Culture, Sports and Tourism shall decide to cancel the inscription of an intangible cultural heritage on the National List of Intangible Cultural Heritage in case such intangible cultural heritage no longer satisfies one of the criteria specified in Clause 2, Article 12 of this Law, after obtaining appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism;

b/ The cancellation of inscription of Vietnam’s intangible cultural heritage on the UNESCO’s Lists must comply with the UNESCO’s regulations and guidelines.

4. The Government shall specify order, procedures and dossiers for inscription or additional inscription and cancellation of inscription of intangible cultural heritage mentioned in this Article.

Article 14. Policies toward intangible cultural heritage artisans and bearers

1. Intangible cultural heritage artisans and bearers are entitled to the State’s preferential policies and regimes below:

a/ After being considered by the State, to be conferred state honorary titles and other forms of commendation and honor in accordance with the law on emulation and commendation;

b/ To receive support in forms of physical foundations, instruments, objects, artifacts and associated cultural spaces for activities of practice maintenance, teaching, creativity and performance in order to safeguard and promote values of intangible cultural heritage;

c/ To receive support in forms of money, physical foundations, tools, objects, artifacts and associated cultural spaces for the establishment and operation of clubs and groups practicing intangible cultural heritage, especially for intangible cultural heritage inscribed by the UNESCO and intangible cultural heritage in danger of being faded away or falling into oblivion;

d/ People’s artisans and emeritus artisans are entitled to monthly cost-of-living allowances and part of health insurance premiums and funeral expenses when they die;

dd/ Special priority regimes and policies for intangible cultural heritage artisans and bearers of ethnic minorities;

e/ Other regimes and policies specified by law.

2. In addition to the policies specified in Clause 1 of this Article, based on socio-economic development conditions, the capacity to balance budget funds and mobilize social resources, provincial-level People’s Committees shall submit to provincial-level People’s Councils for decision the regime of preferential treatment of intangible cultural heritage artisans and bearers in localities.

3. The Government shall detail Points b, c, d and dd, Clause 1 of this Article.

Article 15. Maintenance of practice and teaching of intangible cultural heritage

1. Intangible cultural heritage artisans and bearers shall maintain the practice, teaching and preservation of values of cultural heritage in their communities and spread cultural heritage to other communities in the society.

2. Intangible cultural heritage artisans and bearers shall organize activities of teaching intangible cultural heritage inside and outside their communities in order to consolidate and increase the quantity and quality of practicing intangible cultural heritage, giving priority to cultural heritage of ethnic minority communities and ethnic minorities with very small populations to ensure that cultural heritage is practiced regularly and continuously and in a way true to its value, nature and functions, thus reducing the danger of being faded away or falling into oblivion, in the following forms:

a/ Teaching knowledge, skills and cultural expressions to the next generation in the community of bearers through the practice of intangible cultural heritage;

b/ Teaching knowledge, skills and cultural expressions to other communities through target training.

Article 16. Research, collection and documentation of intangible cultural heritage

1. Research, collection and documentation of intangible cultural heritage means activities of researching and identifying characteristics, values and functions of intangible cultural heritage and recording the current status of intangible cultural heritage for preservation.

2. Overseas Vietnamese and foreign organizations and individuals that wish to conduct research, collection and documentation of intangible cultural heritage in Vietnam shall obtain written consent of the Minister of Culture, Sports and Tourism, for intangible cultural heritage located in 2 or more provinces and centrally run cities; or consent of specialized agencies under provincial-level People’s Committees that advise and assist the latter in performing the state management of culture (below referred to as provincial-level specialized agencies in charge of culture), for intangible cultural heritage located in one province or centrally run city.

3. Organizations, communities and individuals shall coordinate with provincial-level specialized agencies in charge of culture in researching, collecting and documenting intangible cultural heritage.

4. Provincial-level People’s Committees shall direct the research, collection and documentation of inscribed intangible cultural heritage in localities in order to consolidate their values and update them in the National Database on Cultural Heritage.

5. The Minister of Culture, Sports and Tourism shall detail Clauses 2 and 3 of this Article.

Article 17. Management, safeguarding and promotion of values of intangible cultural heritage that has been inventoried and inscribed

1. Intangible cultural heritage on inventory lists of intangible cultural heritage shall be safeguarded and promoted in accordance with this Law and relevant regulations.

2. Intangible cultural heritage that have been inscribed on the National List of Intangible Cultural Heritage and the UNESCO’s Lists are subject to management, safeguarding and value promotion measures after their inscription, and subject to reporting in accordance with law and the UNESCO’s regulations and guidelines.

3. Chairpersons of provincial-level People’s Committees shall formulate and approve schemes on safeguarding and promotion of values of the inscribed intangible cultural heritage in localities after obtaining appraisal opinions of the Minister of Culture, Sports and Tourism. For an inscribed intangible cultural heritage located in 2 or more provinces and centrally run cities, the provincial-level People’s Committee that has submitted the scientific file for inscription or additional inscription of the intangible cultural heritage shall assume the prime responsibility for formulation, and reaching agreement with the other provincial-level People’s Committees before approval of, or the chairperson of the provincial-level People’s Committee of each locality shall formulate and approve, a separate scheme on safeguarding and promotion of values of intangible cultural heritage in the locality.

4. The Minister of Culture, Sports and Tourism shall promulgate the National Action Program on safeguarding of intangible cultural heritage after the heritage has been inscribed by the UNESCO; provide reporting guidance; and make and submit national reports as required by the UNESCO.

5. The Government shall detail Clauses 2, 3 and 4 of this Article.

Article 18. Safeguarding of intangible cultural heritage in danger of being faded away or falling into oblivion

1. Intangible cultural heritage in danger of being faded away or falling into oblivion shall be determined according to one of the following criteria:

a/ The ability to exist, be practiced and transmitted in the community of bearers is being inhibited or threatened, making it difficult to recover and being likely to disappear;

b/ The number of artisans has decreased sharply and the number of practitioners and the next generations has decreased;

c/ Practice conditions and forms have decreased or changed;

d/ Associated cultural spaces and the environment for practicing intangible cultural heritage have been narrowed down or have disappeared.

2. Chairpersons of provincial-level People’s Committees shall base themselves on inventory results, actual status of practice of intangible cultural heritage, the criteria specified in Clause 1 of this Article, proposals of provincial-level specialized agencies in charge of culture, and requests of intangible cultural heritage bearers to determine intangible cultural heritage in danger of being faded away or falling into oblivion.

3. Measures for urgently safeguarding intangible cultural heritage in danger of being faded away or falling into oblivion:

a/ Researching and documenting practices and forms of expression;

b/ Revitalizing practices, forms of expression, conditions, objects and associated cultural spaces;

c/ Organizing teaching of intangible cultural heritage;

d/ Other measures.

4. Chairpersons of provincial-level People’s Committees shall direct local functional agencies to implement urgent safeguarding measures specified in Clause 3 of this Article.

5. The Minister of Culture, Sports and Tourism shall, based on written requests of chairpersons of provincial-level People’s Committees, consider and submit to the Prime Minister for the latter to permit the compilation of a dossier of request for the UNESCO to support the safeguarding of inscribed heritage on the List of Cultural Heritage in Need of Urgent Safeguarding from the Fund for the Safeguarding of Intangible Cultural Heritage of the UNESCO’s 2003 Convention for the Safeguarding of the Intangible Cultural Heritage.

Article 19. Measures to safeguard and develop spoken and written languages of Vietnamese ethnic groups

The State shall safeguard and develop spoken and written languages of ethnic groups living together in Vietnam, particularly spoken and written languages of ethnic minorities and spoken and written languages in danger of being faded away through the following measures:

1. Researching, collecting, documenting, preserving and teaching oral expressions and traditions in spoken and written languages of minority communities;

2. Teaching spoken and written languages of ethnic minorities to cadres, civil servants, public employees, and officers and soldiers of the people’s armed forces who serve in mountainous and ethnic minority areas according to job requirements, and to ethnic minority pupils in accordance with the education law;

3. Promulgating rules on transcription of spoken languages of ethnic groups having no written languages;

4. Collecting, compiling, translating, classifying and preserving literary, artistic, scientific and oral literary works and folk performances;

5. Compiling dictionaries, textbooks and teaching materials on spoken and written languages of ethnic groups, and developing a database on spoken and written languages of ethnic groups;

6. Promoting the introduction of cultural heritage at museums and relics in spoken and written languages of ethnic minorities;

7. Publishing books and newspapers, and broadcasting radio, television and theatrical programs on cultural heritage in ethnic minority languages.

Article 20. Measures to safeguard and promote values of traditional festivals

The State shall create conditions for maintaining and promoting values of traditional festivals through the following measures:

1. Ensuring that the community of bearers may actively participate in practicing traditional rituals in cultural spaces and according to cycles of festivals;

2. Guaranteeing the right of the community of bearers to choose the form of advertising festivals and of non-community subjects to approach, or participate in organizing and performing, activities in festivals;

3. Selectively revitalizing traditional rituals and folk performances in festivals on the basis of consensus for the widest participation of intangible cultural heritage bearers;

4. Taking measures to support the community in preventing elements and activities that affect components and structure of festivals and fail to comply with regulations on civilized lifestyle in festive activities;

5. Promoting the wide dissemination at home and abroad of origins, contents and typical and unique values of festivals.

Chapter III

SAFEGUARDING AND PROMOTION OF VALUES OF TANGIBLE CULTURAL HERITAGE

Section 1

HISTORICAL-CULTURAL RELICS AND SCENIC SPOTS

Article 21. Types of relics

Relics take the following types:

1. Historical-cultural relics, which are classified into:

a/ Historical relics, including commemorative relics of historical and cultural events and commemorative relics of celebrities;

b/ Architectural and artistic relics;

c/ Archaeological relics;

2. Scenic spots;

3. Mixed relics.

Article 22. Criteria for type-based identification of relics

1. Historical relics must satisfy one of the following criteria:

a/ Being construction works or places associated with typical national or local historical and cultural events in the process of national construction and defense;

b/ Being construction works or places associated with backgrounds and careers of national heroes, celebrities or historical figures that have positive impacts on the development of the country or localities in one or more than one historical period;

c/ Being construction works or places associated with the history of industrial, urban and rural development that have positive impacts on the development of the country or localities in one or more than one historical period.

2. Architectural and artistic relics must be architectural and artistic works, urban or rural architectural complexes, residential places, urban and rural areas, or industrial works containing architectural works and historical and cultural spaces of typical values for one or more than one development period of history, architecture or arts.

3. Archaeological relics must be places where traces related to human activities are discovered, that have cultural strata containing relics and vestiges reflecting cultural and human history, and have typical values for one or more than one historical period.

4. Scenic spots must satisfy one of the following criteria:

a/ Being natural landscapes of typical historical, scientific and/or aesthetic values;

b/ Being natural landscapes or places combined with architectural works of typical historical, scientific and/or aesthetic values;

c/ Being natural areas of scientific values in terms of geology, geomorphology, geography, biodiversity or specific ecosystems, or being natural areas containing material traces of different development periods of the earth.

5. Mixed relics are relics that meet the criteria of at least 2 types of relics specified in Clauses 1, 2, 3 and 4 of this Article.

Article 23. Inventory of relics and inventory lists of relics

1. Works, places, urban and rural architectural complexes, urban and rural areas, natural landscapes and natural areas identified based on the criteria specified in Article 22 of this Law shall be inventoried and included in the inventory lists of relics of provinces and centrally run cities (below referred to as inventory lists of relics). Inventory lists of relics shall be reviewed and updated on an annual basis.

2. Chairpersons of provincial-level People’s Committees shall direct and organize the inventory, and approve and announce the inclusion of relics in inventory lists of relics in their localities and remove relics that no longer meet the criteria specified in Article 22 of this Law from such inventory lists.

3. Relics on the inventory lists of relics shall be subject to the same measures for management, safeguarding and value promotion as those for provincial-level relics in accordance with this Law.

4. The Minister of Culture, Sports and Tourism shall detail Clauses 1 and 2 of this Article.

Article 24. Ranking and cancellation of ranking of relics

1. Relics ranked on a national scale include:

a/ Provincial-level relics, which are relics of typical local values and satisfy at least one of the criteria specified in Article 22 of this Law;

b/ National relics, which are relics of typical national values and satisfy at least one of the criteria specified in Article 22 of this Law;

c/ Special national relics, which are relics of typical special values of the nation and satisfy at least one of the criteria specified in Article 22 of this Law.

2. Relics considered and recognized by the UNESCO as world heritage sites include:

a/ World cultural heritage sites, which are typical relics of Vietnam and have outstanding global cultural values;

b/ World natural heritage sites, which are typical relics of Vietnam and have outstanding global natural values;

c/ Mixed world heritage sites, which are typical relics of Vietnam that satisfy the criteria of a world cultural heritage site and a world natural heritage site.

3. Relics ranked and recognized by location include:

a/ The relics specified in Clause 1 of this Article, each of which is located in one province or centrally run city;

b/ The relics specified in Clause 1 of this Article, each of which is located in 2 or more provinces and centrally run cities;

c/ The relics recognized as world heritage sites and located on the territory of the Socialist Republic of Vietnam and the territory(ies) of one or more other country(ies) or territory(ies) (below referred to as multinational world heritage sites).

4. Relics subject to national-scale ranking cancellation and cancellation of recognition as world heritage sites include:

a/ Relics ranked on a national scale that no longer satisfy the criteria specified in Clause 1 of this Article;

b/ World heritage sites on the List of World Heritage in Danger.

Article 25. Competence, order, procedures, and dossiers for ranking or additional ranking, cancellation of ranking decisions, and supplementation and revision of scientific files of, relics and world heritage sites

1. Provincial-level People’s Committees shall make scientific files to propose the ranking or additional ranking, cancellation of ranking decisions, and supplementation and revision of scientific files of relics in their localities. Scientific files of relics must include appraisal opinions of the Appraisal Councils established by chairpersons of provincial-level People’s Committees.

For a relic which is located in 2 or more provinces and/or centrally run cities, the provincial-level People’s Committees of these localities shall reach consensus to assign one of them to take charge of making and submitting the scientific file of the relic and proposing the ranking or additional ranking, cancelation of the ranking decision, and supplementation and revision of the scientific file of the relic.

2. Chairpersons of provincial-level People’s Committees shall consider and decide on the ranking or additional ranking, cancellation of ranking decisions, and supplementation and revision of scientific files of provincial-level relics; and grant certificates of ranking or additional ranking of provincial-level relics.

3. The Minister of Culture, Sports and Tourism shall consider and decide on the ranking and grant certificates of ranking or additional ranking, cancellation of ranking decisions, and supplementation and revision of scientific files of national relics at the proposal of provincial-level People’s Committees after receiving appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

4. The Minister of Culture, Sports and Tourism shall consider and submit to the Prime Minister for decision on the ranking and grant of certificates of ranking or additional ranking, cancellation of ranking decisions, and supplementation and revision of the scientific files of special national relics at the proposal of provincial-level People’s Committees after receiving appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism. The dossiers submitted to the Prime Minister must include written opinions of the National Council for Cultural Heritage.

5. The recognition, additional recognition, cancellation of recognition, and supplementation and revision of dossiers of world heritage sites are as follows:

a/ Chairpersons of provincial-level People’s Committees shall send a document to the Minister of Culture, Sports and Tourism, requesting the latter to consider and propose the Prime Minister to permit and assign provincial-level People’s Committees to assume the prime responsibility for making scientific files of relics for nomination to the UNESCO for recognition or additional recognition as world heritage site, and for supplementation and revision of dossiers of world heritage sites, for a relic located in 1 province or centrally run city or located in 2 or more provinces and/or centrally run cities after the concerned localities reach consensus to assign one of them to assume the prime responsibility for making the scientific file of the relic.

In case of nominating a relic to the UNESCO for recognition or additional recognition as multinational world heritage site, or for supplementation or revision of the dossier of, a multinational world heritage site, the Minister of Culture, Sports and Tourism shall consider and propose the Prime Minister to permit and assign the provincial-level People’s Committee of the locality where the relic is located to assume the prime responsibility for, and  coordinate with the competent authority(ies) of the concerned state(s) party(ies) in, making the scientific file of the relic;

b/ Provincial-level People’s Committees that are assigned to make dossiers for nomination of relics to the UNESCO for recognition or additional recognition as world heritage sites or for supplementation or revision of dossiers of world heritage sites shall propose the Minister of Culture, Sports and Tourism to appraise and submit the dossiers to the Prime Minister for the latter to decide on the nomination of relics to the UNESCO for recognition or additional recognition as world heritage sites or for supplementation or revision of dossiers of world heritage sites after receiving appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism. The dossiers submitted by the Ministry of Culture, Sports and Tourism to the Prime Minister must include written opinions of the National Council for Cultural Heritage;

c/ The cancellation of recognition of world heritage sites must comply with the UNESCO’s regulations and guidelines.

6. The management, safeguarding and promotion of values of relics after being ranked must comply with this Law and other relevant laws; and must also comply with the UNESCO’s regulations and guidelines, for world heritage sites.

For relics which fall under the management of provincial-level People’s Committees and are located in 2 or more provinces and/or centrally run cities, these provinces and/or centrally run cities shall reach consensus on formulation of plans on joint management and regulations on protection of the relics.

7. The Government shall prescribe the order, procedures and dossiers for ranking, additional ranking, cancellation of ranking decisions, and supplementation and revision of scientific files of relics and world heritage sites specified in Clauses 1, 2, 3, 4 and 5 of this Article; and detail Clause 6 of this Article.

Article 26. Activities to promote values of relics

Activities to promote values of relics include:

1. Researching into, collecting and documenting information about values of relics; applying science and technology in promotion of values of relics;

2. Conducting activities at home and abroad to disseminate, educate, promote, and display and introduce information about the role, significance and historical, cultural, scientific and aesthetic values ​​of relics;

3. Providing guided tours or audio tours for visitors;

4. Organizing or coordinating with one another in organizing tourism activities and providing services for the public to visit, research, and study at relics;

5. Developing products and services and creating conditions for communities in localities where relics are located to participate in developing products and services related to the relics;

6. Researching, collecting, displaying, and introducing documents and objects associated with the values of relics;

7. Conducting cultural activities at relics; organizing practices, performances, and introduction of intangible cultural heritage associated with relics;

8. Conducting travelling exhibitions outside relics;

9. Other activities to promote values of relics in accordance with law.

Article 27. Protected areas of relics, principles for determining and planting boundary markers of protected areas of relics, adjustment of protected areas of relics and world heritage sites

1. For each ranked relic specified in Clause 1, Article 24 of this Law, 2 protected areas, including category-I protected area and category-II protected, shall be zoned off.

2. Category-I protected area of a relic is the area where exist the original elements constituting the relic that need to be protected in their original state in terms of ground and space and shall be determined in adherence to the following principles:

a/ For a historical relic, the category-I protected area embraces the area where exist(s) the construction work(s) and/or location(s) marking typical developments of the historical and/or cultural event or associated with the life and career of the concerned national hero, public figure or historical figure or the history of industrial, urban and rural development in one or more than one related historical period;

b/ For an architectural and artistic relic, the category-I protected area embraces the area where exist the architectural works, yards, gardens, ponds, lakes and other related elements constituting values of the relic;

c/ For an archaeological relic, the category-I protected area embraces the area where the relic, vestiges, terrain, and landscapes directly related to the living environment of the subjects that created the relic are discovered;

d/ For a scenic spot, the scope of category-I protected area must ensure the preservation of the integrity of the natural landscape, terrain, geomorphological features, and other geographical elements containing biodiversity and specific ecosystems, physical traces of development stages of the earth or related architectural works;

dd/ For a relic consisting of more than one construction work, architectural or artistic work, industrial work or site in a large area, it is necessary to determine the category-I protected area for each construction work, architectural and artistic work, industrial work, or site.

3. Category-II protected area of a relic is the area surrounding or adjacent to the category-I protected area of the relic which aims to protect the cultural landscape of the relic and shall be determined in adherence to one of the following principles:

a/ It is an area directly connected to the category-I protected area or the cultural landscape which has an important function in protecting the relic;

b/ It is an area containing elements that need to be further studied, supplemented, and strengthened in terms of value of the relic;

c/ It is an area with the function of preventing and limiting negative impacts that are likely to directly affect the category-I protected area of the relic, construction works, terrain, cultural landscape, and natural ecosystem of the relic.

4. The area adjacent to a relic shall not be identified as category-II protected area in case there exist construction works that cannot be relocated or residential areas and shall be decided by the competent agency specified in Clause 6 of this Article.

5. The relic protected areas specified in Clauses 2 and 3 of this Article of a ranked relic shall be determined by the competent state agency specified in Clause 6 of this Article by marking the boundary on the cadastral map, shown in the protected area zoning record included in the scientific file of the relic, and updated on the relevant planning map and must have boundary markers planted in the field.

6. Chairpersons of provincial-level People’s Committees shall decide on determination of the boundaries of protected areas and adjustment of the boundaries of protected areas of relics, and areas adjacent to relics not identified as category-II protected areas specified in Clause 4 of this Article for relics in their localities after receiving the appraisal opinions of the Appraisal Councils established by chairpersons of provincial-level People’s Committees.

The Minister of Culture, Sports and Tourism shall consider and approve the boundaries of protected areas of relics and decide on the areas adjacent to relics not identified as category-II protected areas specified in Clause 4 of this Article according to scientific files of relics, for relics proposed for being ranked as national relics; and approve the adjustment of the boundaries of the protected areas of ranked national relics according to scientific files of the relics at the proposal of chairpersons of provincial-level People’s Committees after receiving the appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

The Prime Minister shall consider and approve the boundaries of protected areas of relics, decide on areas adjacent to the relics not identified as category-II protected areas specified in Clause 4 of this Article according to scientific files of relics, for relics proposed for being ranked as special national relics; and approve the adjustment of the boundaries of protected areas of ranked special national relics according to the scientific files of these relics at the proposal of the Minister of Culture, Sports and Tourism or chairpersons of relevant provincial-level People’s Committees after receiving the appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism. Dossiers submitted to the Prime Minister must include the written opinions of the National Council for Cultural Heritage.

7. Chairpersons of provincial-level People’s Committees shall organize or authorize heads of provincial-level specialized agencies in charge of culture or chairpersons of district-level People’s Committees to carry out the planting of boundary markers of protected areas of relics. The planting of boundary markers of the protected area of ​​a relic shall be carried out immediately after the relic is ranked in accordance with this Law and other relevant laws, and must adhere to the following principles:

a/ The boundaries between the protected area of ​​the relic and the adjacent area shall be clearly demarcated on the field according to the zoning record and map of the protected area of ​​the relic in its scientific file;

b/ The boundary markers must be made of durable materials and placed in noticeable locations; the shape, color, and size of the boundary markers must be suitable to the environment and landscape of the relic and may not affect the original elements constituting the relic.

8. World heritage areas and buffer zones of the world heritage areas shall be determined as follows:

a/ Each world heritage has a world heritage area and a buffer zone determined according to the UNESCO’s regulations and guidelines;

b/ The world heritage area is the area where exist the original elements constituting the outstanding universal value of the world heritage; and shall be protected as category-I protected areas of relics;

c/ The buffer zone of the world heritage area is the area surrounding the world heritage area, which is part of or contributes to the value and unique characteristics of the world heritage, and has the effect of creating an additional layer of protection for the world heritage; and shall be protected as category-II protected areas of relics;

d/ The world heritage area and buffer zone of the world heritage area shall be determined on the map to be included in the dossier of nomination submitted to the UNESCO to propose the recognition of world heritage and shall be updated on maps of relevant master plans.

9. The adjustment to narrow or expand the boundaries of category-I protected areas and category-II protected areas of ranked national relics is as follows:

a/ Category-I protected areas of relics may only be adjusted when the adjustment plans ensure the conservation of the original elements constituting relics and adhere to the principles specified in Clause 2 of this Article;

b/ Category-II protected areas of relics may only be adjusted when the adjustment plans ensure the prevention of elements that are likely to impact or negatively affect the original elements constituting relics, protect the cultural landscape of relics, and adhere to the principles specified in Clause 3 of this Article;

c/ The adjustment of the protected areas of relics specified at Points a and b of this Clause must comply with Clauses 5 and 6 of this Article.

10. The expansion or narrowing of the boundaries of world heritage areas and the buffer zones of world heritage areas must comply with the UNESCO’s regulations and guidelines, causing no change in the criteria creating the outstanding universal value of the world heritage, and shall be recorded in a dossier; in case of making major adjustments to the boundaries of world heritage areas or the buffer zones of world heritage areas, a new nomination dossier shall be prepared.

11. The Government shall provide in detail the updating of boundaries of protected areas of relics and world heritage sites to maps of relevant master plans specified in Clause 5; and at Point d, Clause 8, of this Article; and detail Clauses 6, 9 and 10 of this Article.

Article 28. Repair, renovation and building of works and implementation of activities in protected areas of ​​relics and world heritage sites

1. In category-I protected areas of relics and world heritage areas, it is only permitted to carry out the following activities:

a/ Repairing, renovating and building works directly serving the safeguarding and promotion of values of relics or world heritage sites;

b/ Repairing, renovating, and rebuilding independent houses based on the current status of these houses. 

2. In category-II protected areas of relics and buffer zones of world heritage areas, it is only permitted to carry out the following activities:

a/ Repairing, renovating and building works directly serving the safeguarding and promotion of values of relics or world heritage sites;

b/ Repairing, renovating and building independent houses;

c/ Repairing, renovating and building socio-economic works;

d/ Using sea areas for the purpose of exploitation and use of marine resources;

dd/ Implementing socio-economic activities in accordance with specialized laws.

3. The repair, renovation and building of works and independent houses specified in Clauses 1 and 2 of this Article must meet the following requirements:

a/ Neither distorting historical events, the life and career of national heroes, public figures and historical figures nor negatively impacting the cultural landscape of relics and world heritage sites;

b/ Neither disrupting the planning structure of the complex of architectural and artistic works nor negatively impacting the architectural shape of single architectural works related to relics or world heritage sites;

c/ Not being located in an area where traces of vestiges have been discovered or an area with terrain and cultural landscapes related to archaeological relics or archaeological sites or world heritage sites;

d/ Preserving the integrity of the value of natural landscape, ecological environment, terrain, geomorphological features and other geographical elements containing biodiversity and specific ecosystems, physical traces of development stages of the earth or architectural works related to scenic spots or world heritage sites;

dd/ Ensuring conformity with natural laws and marine resource ecosystems, conserving and maintaining the original elements constituting the natural value and marine biodiversity or marine environment related to scenic spots or world heritage sites;

e/ Not obscuring the view of works or landscape space of relics; not causing landslides, resulting in change of the terrain or subsidence of works of relics or world heritage sites.

Article 29. Construction investment projects and projects on building of works, repair, renovation and rebuilding of independent houses, and implementation of activities in protected areas of relics and world heritage sites

1. The implementation of construction investment projects and projects on building of works, and implementation of the activities specified at Point a, Clause 1, and Points a, c, d, and dd, Clause 2, Article 28 of this Law is as follows:

a/ To comply with this Law, the laws on investment, public investment and construction, and other relevant laws;

b/ The investment policy approval or decision for construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities may only be carried out after obtaining the written consent from the Minister of Culture, Sports and Tourism, for world heritage sites, special national relics and national relics; or from the heads of provincial-level specialized agencies in charge of culture, for provincial-level relics and relics on the inventory lists of relics. Construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities in world heritage areas or buffer zones of world heritage areas must also meet requirements for environmental protection; and prevention, control, and assessment of elements affecting world heritage sites in accordance with this Law and the UNESCO’s regulations and guidelines;

c/ Pursuant to Clauses 2 and 3, Article 27, and Article 28, of this Law, the Minister of Culture, Sports and Tourism and heads of provincial-level specialized agencies in charge of culture shall give written opinions on the projects’ satisfaction of requirements on safeguarding and promotion of values ​​of relics and world heritage sites.

2. Provincial-level People’s Committees or agencies in charge of appraising and licensing construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities specified in Clause 1 of this Article in world heritage areas or buffer zones of world heritage areas, in category-I protected areas and category-II protected areas of special national relics and national relics shall send a request, together with the dossiers of these projects, to the Ministry of Culture, Sports and Tourism to seek the latter’s opinions in accordance with this Law and other relevant laws.

3. District-level People’s Committees or agencies in charge of appraising and licensing construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities specified in Clause 1 of this Article in category-I protected areas and category-II protected areas of provincial-level relics shall send a request, together with dossiers of these projects, to provincial-level specialized agencies in charge of culture to seek the latter’s opinions in accordance with this Law and other relevant laws.

4. The repair, renovation and building of independent houses in the protected areas of relics and world heritage areas are as follows:

a/ The repair, renovation and rebuilding of existing independent houses on the basis of the current state of these independent houses which are the original elements constituting values of the relics or which are components of the cultural landscape of the world heritage sites, special national relics, or complexes of national relics as shown in the scientific files submitted for ranking or in master plans on preservation, restoration and revitalization of relics approved by competent authorities, which require the repair, renovation and construction activities in protected areas of relics or world heritage sites, must comply with Article 35 of this Law regarding projects on preservation, restoration and revitalization of relics;

b/ The repair, renovation and building of individual houses in protected areas of relics and world heritage areas that do not fall into the case specified at Point a of this Clause shall comply with the law on construction and shall only be carried out after obtaining the written consent from provincial-level specialized culture agencies.

5. The repair, renovation and building of independent houses specified at Point b, Clause 4 of this Article are as follows:

a/ In case the repair, renovation and building of independent houses do not fall into cases requiring construction permits as prescribed by the law on construction, the project owners shall send dossiers specified in this Law to provincial-level specialized agencies in charge of culture to seek the latter’s opinions.

In case the repair, renovation and building of independent houses fall into cases requiring construction permits as prescribed by the law on construction, the agencies competent to grant construction permits shall send a document, together with the dossier specified in this Law and the law on construction, to provincial-level specialized agencies in charge of culture to seek the latter’s opinions;

b/ Pursuant to Clauses 2 and 3, Article 27; and Clauses 2 and 3, Article 28, of this Law, on the basis of consulting representatives and organizations assigned to manage and use relics and world heritage sites, heads of provincial-level specialized agencies in charge of culture shall give written opinions on the projects’ satisfaction of requirements on safeguarding and promotion of values of relics and world heritage sites.

6. The Government shall provide in detail the assessment of elements affecting world heritage sites as mentioned at Point b, Clause 1; prescribe the order, procedures, and dossiers for requesting the Minister of Culture, Sports and Tourism or heads of provincial-level specialized agencies in charge of culture to give opinions as specified at Points b and c, Clause 1, of this Article and Clauses 2, 3, 4 and 5 of this Article.

Article 30. Construction investment projects and projects on building of works and independent houses and implementation of activities outside the protected areas of ​​relics and outside buffer zones of world heritage areas

1. The implementation of construction investment projects and projects on building of works or independent houses, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities outside protected areas of ​​relics or outside buffer zones of world heritage areas that are likely to negatively impacts the original elements constituting the relics, cultural landscape of the relics or world heritage sites must comply with this Law, the laws on investment, public investment, and construction, and other relevant laws. Construction investment projects and projects on building of works or independent houses, use of sea areas for the purpose of exploitation and use marine resources, and implementation of socio-economic activities outside buffer zones of world heritage areas must also comply with the UNESCO’s regulations and guidelines.

Before approving or deciding on the investment policy for construction investment projects or projects on building of works, granting permits for construction of independent houses, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities under this Law; before implementing construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities in cases not requiring the investment policy approval or decision; or before building independent houses in cases not requiring construction permits outside protected areas of relics or outside buffer zones of world heritage areas, when it is determined that these projects/activities are likely to negatively impact the original elements constituting relics or cultural landscape of relics or world heritage sites, a written opinion of competent state agencies in charge of culture shall be required.

2. Construction investment projects and projects on building of works or independent houses, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities outside protected areas of relics or outside buffer zones of world heritage areas shall be considered as being likely to negatively impact the original elements constituting relics or cultural landscape of relics or world heritage sites when falling into one of the following cases:

a/ Being likely to distort historical events, the life and career of national heroes, public figures, or historical figures, negatively impacting the cultural landscape of relics or world heritage sites;

b/ Being in danger of disrupting the planning structure of the complex of architectural and artistic works or negatively impacting the architectural shape of single architectural works related to relics or world heritage sites;

c/ Being implemented in the areas where traces of vestiges have been discovered or areas which have terrain and cultural landscapes related to archaeological relics, archaeological sites, or world heritage sites;

d/ Being likely to negatively impact the integrity of the value of natural landscape, ecological environment, terrain, geomorphological features and other geographical elements containing biodiversity and specific ecosystems, physical traces of development stages of the earth or architectural works related to scenic spots or world heritage sites;

dd/ Being in danger of negatively impacting the marine resource ecosystem, conservation and preservation of the original elements constituting the natural value and marine biodiversity, or marine environment related to scenic spots or world heritage sites;

e/ Being in danger of obscuring the view of the works or landscape space of relics; being in danger of causing landslides, resulting in change of the terrain or subsidence of works of relics or world heritage sites.

3. The agencies in charge of appraising construction investment projects and projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, and implementation of socio-economic activities outside buffer zones of world heritage areas or outside protected areas of special national relics or national relics, that are likely to negatively impact the original elements constituting relics, or cultural landscape of relics or world heritage sites shall send a request, together with a dossier of request for investment policy approval or decision for these projects and the dossiers of these projects, to the Ministry of Culture, Sports and Tourism to seek the latter’s opinions.

 4. Agencies in charge of appraising and licensing construction investment projects or projects on building of works, use of sea areas for the purpose of exploitation and use of marine resources, or implementation of socio-economic activities outside protected areas of ​​provincial-level relics, or appraising and licensing projects on building of independent houses outside buffer zones of world heritage areas, or outside the protected areas of ​special national relics, national relics or provincial-level relics, that are likely to negatively impact the original elements constituting the relics or the cultural landscape of the relics or world heritage sites shall send a request, together with the dossiers of request for investment policy approval or decision for these projects and the dossiers of these projects, to provincial-level specialized agencies in charge of culture to seek the latter’s opinions.

5. The Government shall detail Clauses 1, 3 and 4 of this Article.

Article 31. Addition, movement and change of objects in relics

1. The addition, movement and change of objects in relics must adhere to the following principles:

a/ Not changing the original elements constituting the relics;

b/ Not distorting the content and values of the relics;

c/ Information on the objects added, moved or changed shall be updated in the relics’ object inventory.

2. The competence to add, move and change objects in relics is as follows:

a/ The Ministry of Culture, Sports and Tourism shall decide on the addition, movement and change of objects in world heritage sites and special national relics;

b/ Provincial-level specialized agencies in charge of culture shall decide on the addition, movement and change of objects in national relics, provincial-level relics, and relics in the inventory lists of relics under the entire-people ownership in their localities;

c/ Owners of provincial-level relics or relics in the inventory lists of relics under common ownership or private ownership may add, move or change objects in these relics but shall ensure adherence to the principles specified in Clause 1 of this Article.

3. Annually, provincial-level specialized agencies in charge of culture shall organize the review and updating of the lists of objects belonging to relics, and report results to provincial-level People’s Committees.

4. The Minister of Culture, Sports and Tourism shall provide the order, procedures and dossiers for addition, movement or change of objects in the relics specified in Clause 2, and detail Clause 3, of this Article.

Article 32. Organizations and representatives assigned to manage and use relics

1. For each relic under the entire-people ownership, an organization shall be designated to manage and use the relic and be held responsible before law for the management, safeguarding and promotion of values of the relic.

2. For each relic not under the entire-people ownership, an organization or a representative shall be designated to manage and use the relic and be held responsible before law for the management, safeguarding and promotion of values of the relic.

Representatives designated to manage and use relics must be Vietnamese citizens permanently residing in Vietnam, have full civil act capacity and be prestigious in the community.

3. Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies and organizations shall, based themselves on the type, scale, value and nature of relics and the practical situation of their localities, ministries, sectors, agencies or organizations, decide or propose competent agencies to decide on the establishment of organizations designated to manage and use one or more than one relic; the managing authority of these organizations; and decide on the designation of representatives to manage and use relics under their management in accordance with this Law and other relevant laws.

4. For a relic located in 2 or more provinces and/or centrally run cities, the chairperson of the provincial-level People’s Committee of each locality where exists the relic shall decide or propose competent authorities to decide on the establishment of an organization designated to manage and use the relic, and decide on designation of a representative to manage and use the relic in the locality.

Article 33. Tasks of organizations designated to manage and use relics

1. Organizations designated to manage and use relics shall perform their tasks in accordance with this Law and other relevant laws.

2. Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies and organizations designated to directly manage relics shall, based themselves on the type, value, scale, and requirements for safeguarding and preserving the relics under their management, decide to assign the organizations designated to manage and use the relics to perform all or some of the following tasks:

a/ Formulating programs and master plans on preservation, restoration and revitalization of relics; plans and schemes on safeguarding and promotion of values of relics, and organizing the implementation of these programs and master plans after being approved by competent authorities;

b/ Organizing the monitoring of the conservation of relics and preventing the prohibited acts specified in Article 9 of this Law within the scope and assigned responsibilities;

c/ Formulating and implementing programs, plans, and investment projects on preservation, restoration and revitalization of relics;

d/ Organizing or cooperating with others in organizing research, collection of documents and objects; exhibiting objects and conducting public communications and promotion campaigns about relics;

dd/ Researching and applying science and technology to the management, safeguarding and promotion of values of relics;

e/ Organizing sightseeing and providing services suitable for each relic; collecting, managing, and using revenue sources in accordance with law;

g/ Formulating and implementing plans in training, further training, and improving professional qualifications for, civil servants and employees;

h/ Participating in the management, joint implementation and supervision of investment activities, environmental protection, conservation and development of organisms in protected areas of relics; and coordinating with relevant authorities and sectors in inspecting and supervising socio-economic activities in protected areas of relics;

i/ Coordinating with agencies, organizations, communities and individuals in providing information, organizing discussions, collecting and giving opinions on socio-economic development master plans, projects and programs related to relics;

k/ Organizing the implementation of international cooperation programs;

l/ Implementing the regime of information and reporting on performance of the tasks of relic protection and management;

m/ Other tasks assigned by competent agencies.

Article 34. Master plans on preservation, restoration and revitalization of relics

1. A master plan on preservation, restoration and revitalization of a relic is a specialized technical master plan that determines the content and measures for preservation, restoration and revitalization of the original elements of the relic, sets orientations for spatial organization of the relic area, and construction works as specified in Clauses 1 and 2, Article 28 of this Law.

2. Master plan on preservation, restoration and revitalization of relics shall be formulated for world heritage sites, special national relics, national relic complexes, or complexes consisting of national relics and provincial-level relics located in the same geographical area and having close relations in terms of history, culture, science and aesthetics, in which the content of protection of relics shall be integrated with the contents of protection of forest resources, biodiversity, aquatic resources, geological resources, geomorphological features, and rights and obligations of communities in accordance with the laws on planning, cultural heritage, forestry, biodiversity, fisheries, and geology and minerals, and other relevant laws.

 3. Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies or organizations assigned to directly manage relics shall approve or adjust master plans on preservation, restoration and revitalization of national relic complexes or complexes consisting of national relics and provincial-level relics located in the same geographical area under their management after obtaining the appraisal opinions of the Ministry of Culture, Sports and Tourism.

4. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with related ministries and sectors in, reviewing and submitting to the Prime Minister for approval master plans and adjustments to master plans on preservation, restoration and revitalization of world heritage sites and special national relics at the proposal of chairpersons of provincial-level People’s Committees, ministers, or heads of central sectors, agencies and organizations assigned to directly manage the relics after obtaining the appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

5. The Government shall provide in detail the competence, order, procedures and dossiers for formulation, appraisal and approval of master plans and adjustment of master plans on preservation, restoration and revitalization of relics.

Article 35. Projects on relic preservation, restoration and revitalization

1. A relic preservation, restoration and revitalization work is a specialized work which requires the formulation of a relic preservation, restoration and revitalization project according to techno-economic norms for relic preservation, restoration and revitalization specified by the Minister of Culture, Sports and Tourism. A relic preservation, restoration and revitalization project shall be formulated in one of the following cases:

a/ After a master plan on relic preservation, restoration and revitalization is approved by the competent agency under Article 34 of this Law and the capacity to allocate funds from the state budget and mobilize funds from other sources is determined in accordance with law;

b/ The relic is degraded as certified by a specialized agency in charge of culture and funds have been allocated from the state budget or the allocation of funds from other sources is guaranteed in accordance with law.

The Ministry of Culture, Sports and Tourism shall make certification for world heritage sites, special national relics and national relics; provincial-level specialized agencies of culture shall make certification for provincial-level relics and relics on the inventory lists of relics.

2. The preservation, restoration and revitalization of a relic must meet the following requirements:

a/ Preserving to the utmost the original elements constituting the relic;

b/ Formulating a feasibility study report and a techno-economic report of the relic preservation, restoration and revitalization project for submission to the competent state agency for approval, except cases of small repair specified in Clause 1, Article 36 of this Law;

c/ Complying with the laws on planning, investment, public investment, construction, and cultural heritage, treaties to which the Socialist Republic of Vietnam is a contracting party, and other relevant laws;

d/ Conforming to approved socio-economic development plans and other related master plans; ensuring the synchrony of technical infrastructure and harmony of landscape and architecture in the area;

dd/ Complying with the Minister of Culture, Sports and Tourism’s regulations on relic preservation, restoration and revitalization;

e/ Publicizing the approved contents on relic preservation, restoration and revitalization in the locality where exits the relic.

3. Relic preservation, restoration and revitalization projects must be appraised before competent authorities decide on the investment and implementation. Projects on preservation, restoration and revitalization of world heritage sites, special national relics, and large-scale and complicated national relics must be appraised before competent authorities approve, or decide on, investment policy.

The Ministry of Culture, Sports and Tourism shall appraise projects on preservation, restoration and revitalization of world heritage sites, special national relics and national relics; provincial-level specialized agencies in charge of culture shall appraise projects on preservation, restoration and revitalization of provincial-level relics and relics on the inventory list of relics.

The appraisal of these projects by the Ministry of Culture, Sports and Tourism and provincial-level specialized agencies in charge of culture must comply with this Law and the construction law. For projects on preservation, restoration and revitalization of world heritage sites, special national relics, and large-scale and complicated national relics, it is required to obtain the appraisal opinion of the Scientific Council for Relic Conservation established by the Minister of Culture, Sports and Tourism before the appraisal document is issued; projects on preservation, restoration and revitalization of world heritage sites must also comply with the UNESCO’s regulations and guidelines.

4. The Government shall detail Clause 1; Points b and e, Clause 2; and Clause 3 of this Article.

Article 36. Regular preservation, small repair and urgent repair of relics

1. Regular preservation and small repair of relics are as follows:

a/ Regular preservation means checking, detecting, and mechanically cleaning to prevent and control mold, termites, insects, and harmful organisms that cause harms to the structures, architectural components, objects, and cultural landscape of relics;

b/ Small repair of a relic means small repairing and replacing the structures and architectural components that are not part of the original elements constituting the relic, renovating the natural landscape and ecological environment to prevent or remediate the degradation of the relic;

c/ Representatives of or organizations assigned to manage and use relics shall, when carrying out regular preservation and small repair of the relics, comply with requirements regarding technical regulations and standards and professional qualifications of human resources; prioritize the use of traditional materials and techniques; and ensure the sustainability and stability of the relics.

2. Urgent repair of relics is as follows:

a/ The urgent repair of relics must meet the requirements specified in Article 78 of this Law;

b/ It is required to make techno-economic reports on urgent repair of relics as specified at Point b, Clause 2, Article 35 of this Law for submission to competent authorities for approval under Point c of this Clause;

c/ Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies and organizations shall approve techno-economic reports on urgent repair of relics according to their competence after receiving the written opinions of provincial-level specialized agencies in charge of culture;

d/ Urgent repair of relics shall be supervised by provincial-level specialized agencies in charge of culture and representatives of the communities where exit the relics.

Article 37. Archaeological master plans

1. Archaeological master plans are master plans of the technical and specialized nature.

2. Archaeological planning means identifying and determining archaeological sites and areas associated with proposing plans and resources for safeguarding, research, exploration, excavation, and promotion of the values of archaeological sites and areas.

3. Subject to archaeological planning are underground and underwater sites and areas where relics or vestiges have been discovered or which show signs of relics or vestiges of historical, cultural, or scientific values.

4. Chairpersons of provincial-level People’s Committees shall organize the formulation and adjustment of local archaeological master plans; and approve these master plans and adjustment of these master plans after receiving the appraisal opinions of the Ministry of Culture, Sports and Tourism; and announce the master plans.

5. The Government shall stipulate in detail the competence, order, procedures, and dossiers for the formulation, appraisal, approval and adjustment of archaeological master plans.

Article 38. Management and safeguarding of archaeological sites and areas

1. State agencies, organizations and individuals shall safeguard and promote the values of archaeological sites and areas and archaeological vestiges in accordance with this Law and other relevant laws.

2. Owners of work construction projects at archaeological sites and areas or in areas covered by archaeological master plans shall coordinate with, and create conditions for, agencies and organizations qualified for archaeological exploration and excavation as specified in Clause 6, Article 39 of this Law to conduct archaeological exploration and excavation before and during the process of project implementation.

3. During the process of project implementation or work construction, if discovering signs of relics or vestiges or discovering relics or vestiges, project owners shall suspend the construction and promptly notify such to local state management agencies in charge of culture.

Upon receiving the notice, local state management agencies in charge of culture shall take timely measures to safeguard the archaeological sites or areas, or relics or vestiges; for cases falling beyond their competence or when deeming it necessary to suspend all or some activities of construction investment projects or work construction projects, state management agencies in charge of culture shall report thereon to the superior competent agencies for consideration and settlement.

4. In case it is necessary to organize archaeological exploration and excavation in areas or sites of work construction, expenses for archaeological exploration and excavation are as follows:

a/ For construction works implemented in accordance with the law on public investment, expenses for archaeological exploration and excavation shall be included in the total investment capital of such works;

b/ For construction works not falling into the case specified at Point a of this Clause, expenses for archaeological exploration and excavation shall be allocated by the State or from mobilized social sources.

Article 39. Archaeological exploration and excavation

1. Archaeological exploration and excavation activities include underground archaeological exploration and excavation and underwater archaeological exploration and excavation.

2. The archaeological exploration or excavation must satisfy the following conditions:

a/ Conforming with archaeological master plans approved by competent authorities as specified in Article 37 of this Law, except the case of archaeological discovery during the process of project implementation or work construction specified in Clause 3, Article 38 of this Law;

b/ Being conducted under archaeological excavation projects approved by competent authorities in accordance with this Law and other relevant laws;

c/ Being licensed by the Minister of Culture, Sports and Tourism.

3. The urgent archaeological exploration and excavation shall be conducted in case an archaeological site or area is being destroyed or in danger of being destroyed. The head of the provincial-level specialized agency in charge of culture shall issue a license for urgent underground archaeological exploration and excavation.

4. Archaeological exploration and excavation sites and areas must be safeguarded. Upon discovering or receiving a notice of, or report on, discovery of an underwater cultural heritage site, the provincial-level People’s Committee shall promptly formulate a plan, and direct and mobilize local forces to protect safety and ensure security and order of the area where the underwater cultural heritage site is discovered; promptly prevent and handle activities that endanger the safety of the underwater cultural heritage site; and take other management and safeguarding measures and report thereon to the Ministry of Culture, Sports and Tourism. For underwater cultural heritage sites that are identified to be large-scale sites of important historical, cultural and scientific significance, it is required to promptly report thereon to the Prime Minister.

5. A vestige or antiquity discovered at an archaeological exploration and excavation site or area shall be temporarily safeguarded at such site or area and measures taken to protect safety and security before the competent authority decides on a plan on safeguarding and promotion of the value of such vestige or antiquity. In case of determining that the plan on safeguarding and promotion of the value of the vestige or antiquity under Point a, Clause 1, and Point b, Clause 3, Article 45 of this Law, the scientific file of the vestige or antiquity must be adjusted and completed and the vestige or antiquity shall be temporarily transferred to a public museum in the locality where exits the archaeological site or area.

6. Agencies and organizations allowed to carry out archaeological exploration and excavation include state archaeological research agencies; higher education institutions with the archaeology major; museums and organizations assigned to manage and use the State’s relics and having the function and task of archaeological research; and central associations with the function and task of archaeological research.

Agencies and organizations conducting archaeological exploration and excavation may cooperate with foreign organizations and individuals to conduct archaeological exploration and excavation in Vietnam in accordance with this Law and other relevant laws.

7. A person in charge of archaeological exploration and excavation must meet the following conditions:

a/ Possessing a university degree or higher in archaeology;

b/ Having at least 5 years’ experience of directly performing archaeological work;

c/ Obtaining the Ministry of Culture, Sports and Tourism’s approval for taking charge of archaeological exploration and excavation at the proposal of the agency or organization specified in Clause 6 of this Article.

8. The Government shall stipulate in detail Points b and c, Clause 2, and Clauses 3, 4, 5 and 6, of this Article.

Section 2

VESTIGES, ANTIQUITIES AND NATIONAL TREASURES

Article 40. Classification and identification of vestiges and antiquities

1. Vestiges and antiquities include:

a/ Vestiges and antiquities of historical, cultural or scientific values from different historical periods of Vietnam and of ethnic groups living in Vietnam;

b/ Vestiges, antiquities and documents of Vietnam that are valuable to the research of the national history, culture and national sovereignty, or related to important events of the country, careers of national heroes, or personalities and historical figures who have positive influence on the national development;

c/ Fossils of humans, animals and plants or parts thereof from the prehistoric era of Vietnam;

d/ Manuscripts of literary works, originals of visual and photographic works of high value in terms of content, ideology or artistic form and having a great influence on the society;

dd/ Vestiges and antiquities of historical, cultural or scientific value originating in foreign countries.

2. Vestiges and antiquities shall be identified through the inspection conclusions specified in Article 41 of this Law.

3. The Minister of Culture, Sports and Tourism shall detail Clause 1 of this Article.

Article 41. Inspection and conditions for inspection of vestiges and antiquities

1. Inspection of vestiges or antiquities means the use of knowledge, means, and scientific, technical and professional methods to assess and make conclusions on the historical, cultural and scientific values, dating and materials of the vestiges or antiquities.

2. The inspection of vestiges and antiquities must satisfy the following conditions:

a/ Having equipment and means serving the inspection;

b/ Having at least 3 vestige and antiquity inspection experts.

3. Provincial-level specialized agencies in charge of culture and public museums that fully satisfy the conditions specified in Clause 2 of this Article or vestige or antiquity inspection business establishments specified in Clause 1, Article 79 of this Law may conduct inspection of vestiges and antiquities and take responsibility before law for the inspection results.

4. Provincial-level specialized agencies in charge of culture shall grant vestige or antiquity inspection expert certificates to persons who have full civil act capacity; are not currently banned from practicing or performing jobs related to cultural heritage under court judgments or rulings; are not currently criminally prosecuted, detained or held in custody; are not currently serving an imprisonment sentence, non-custodial reform, or subject to consignment to compulsory education institutions or compulsory drug rehabilitation facilities; and meet one of the following criteria:

a/ Possessing a university or higher degree in a major or discipline related to vestiges or antiquities; having at least 5 years’ experience of directly performing one or several activities related to archaeology or vestige or antiquity collection, preservation or recovery; having published at least 1 scientific article on vestiges or antiquities in scientific journals; or having participated in the compilation of at least 1 published monograph on vestiges or antiquities;

b/ Being a member of a socio-professional organization related to vestiges or antiquities; having at least 10 years’ experience of directly performing one or several activities related to archaeology, vestige or antiquity collection, preservation or recovery; having published at least 2 scientific articles on vestiges or antiquities in scientific journals; or having participated in the compilation of at least 2 published monographs on vestiges or antiquities.

5. The Government shall stipulate in detail the order, procedures and dossiers for vestige or antiquity inspection; and grant, re-grant and revocation of vestige or antiquity inspection expert certificates.

Article 42. Collection and inventory of vestiges, antiquities and national treasures

1. Vestiges, antiquities and national treasures shall be collected by the following methods:

a/ Archaeological investigation, exploration and excavation, or on-site collection by state agencies and organizations with appropriate functions and tasks;

b/ Purchase and sale at agreed prices, auctions and other forms of ownership transfer in accordance with law;

c/ Receipt from transferring organizations and individuals.

2. The collection of vestiges, antiquities and national treasures at home and abroad must comply with this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party in order to conserve, preserve and promote the value of the national cultural and historical heritage and form valuable collections for the purposes of researching into and educating about history, culture and social issues and obtaining the legal protection and proof of sovereignty over national important valuable cultural and historical heritage.

3. The State shall be given with priority in collection of vestiges, antiquities and national treasures in accordance with Clause 1 of this Article.

4. The collection of vestiges, antiquities and national treasures must be recorded in dossiers comprising scientific and legal documents related to the contents and process of discovery and collection of vestiges, antiquities and national treasures.

5. Collected vestiges, antiquities and national treasures must be inventoried with a view to establishing legal procedures, clarifying the content, meaning, value and preservation status of such vestiges, antiquities and national treasures, thus serving the management, safeguarding and promotion of their values. The inventory of vestiges, antiquities and national treasures must comply with Point b, Clause 1, Articles 68, and Article 72, of this Law.

Article 43. Registration of vestiges and antiquities

1. The State shall encourage organizations and individuals to register vestiges and antiquities under common ownership and private ownership with provincial-level specialized agencies in charge of culture in the localities where they register operation or reside.

2. Vestiges and antiquities must be inspected by the agencies or organizations specified in Clause 3, Article 41 of this Law before they are registered.

3. Provincial-level specialized agencies in charge of culture of the localities that have granted certificates of relic or antiquity registration to organizations and individuals being owners of these vestiges or antiquities shall provide the latter with professional support for vestige or antiquity exhibition and preservation; and create conditions for them to safeguard and promote the values of vestiges or antiquities; and keep confidential information about the registered vestiges or antiquities (when so requested).

4. The Government shall prescribe the order, procedures, and dossiers of registration of vestiges and antiquities and detail Clause 3 of this Article.

Article 44. Recognition, additional recognition and cancellation of recognition of national treasures

1. A national treasure must meet the following criteria:

a/ Being a unique original object;

b/ Being an object with a special form;

c/ Being a typical special rare and precious object of the country in terms of history, culture or science that is related to a great national event or to the career of a national hero or a typical personality or historical figure; a famous artistic work of ideological, humane or aesthetic value that is typical of a trend, a style or an era; a typical invention of high practical value that promotes social development in a certain historical period; or a natural specimen evidencing different formation and development periods of the earth’s history and nature’s history;

d/ Being registered as a vestige or an antiquity under Article 43 of this Law.

2. The recognition or additional recognition of national treasures is as follows:

a/ Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies and organizations shall direct the selection and formulation of scientific files of objects proposed for recognition or additional recognition as national treasures for submission to the Minister of Culture, Sports and Tourism. For objects under common ownership or private ownership, the dossiers sent to the Ministry of Culture, Sports and Tourism must include the request of their owners;

b/ The Minister of Culture, Sports and Tourism shall consider and propose the Prime Minister to recognize or additionally recognize national treasures, and issue certificates of recognition or additional recognition of national treasures after receiving appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

The dossiers submitted to the Prime Minister must include the written opinion of the National Council for Cultural Heritage;

c/ The Prime Minister shall decide on recognition or additional recognition of national treasures, and issue certificates of recognition or additional recognition of national treasures.

3. The cancellation of decisions on recognition of national treasures is as follows:

a/ Chairpersons of provincial-level People’s Committees, ministers, and heads of central sectors, agencies and organizations shall direct the formulation of dossiers of request for cancellation of decisions on recognition of national treasures for submission to the Minister of Culture, Sports and Tourism;

b/ The Minister of Culture, Sports, and Tourism shall consider and propose the Prime Minister to decide on cancellation of recognition of national treasures and revocation of certificates of recognition of national treasures after receiving the appraisal opinion of the Appraisal Council established by the Minister of Culture, Sports, and Tourism.

The dossiers submitted to the Prime Minister must include the written opinion of the National Council for Cultural Heritage;

c/ The Prime Minister shall decide to cancel the recognition of national treasures and revoke certificates of recognition of national treasures in case after national treasures are recognized, there are sufficient grounds to determine that the national treasures do not meet one of the criteria specified in Clause 1 of this Article or are damaged to an extent that they cannot be revitalized.

4. The Government shall detail Clauses 2 and 3 of this Article.

Article 45. Management of vestiges, antiquities and national treasures and handling of discovered and handed-over vestiges and antiquities

1. The management of vestiges, antiquities and national treasures is as follows:

a/ Vestiges, antiquities and national treasures under entire-people ownership must be managed in public museums or relics and by state agencies and organizations with appropriate functions and tasks and may not be traded, purchased and sold, exchanged, donated, have their ownership transferred in other forms, and used as a measure to secure performance of civil obligations;

b/ Vestiges and antiquities under common ownership or private ownership may be purchased and sold, exchanged, donated, have their ownership transferred in other forms, or used as a measure to secure performance of civil obligations, and bequeathed in the country in accordance with this Law and other relevant laws;

c/ National treasures under common ownership or private ownership may only be traded, purchased and sold, exchanged, donated, have their ownership transferred in other forms and bequeathed in the country in accordance with this Law and other relevant laws.

When transferring the ownership of national treasures, organizations and individuals that are owners of national treasures shall notify in writing provincial-level specialized agencies in charge of culture where the national treasures are registered of the new owners;

d/ The purchase and sale of vestiges, antiquities and national treasures under common ownership or private ownership through auctions must comply with the law on asset auction;

dd/ National treasures shall be safeguarded and preserved in accordance with Articles 46 and 47 of this Law.

2. The handover of vestiges, antiquities and national treasures under entire-people ownership must comply with this Law and the law on management and use of public assets.

3. The handling of discovered and handed-over vestiges and antiquities is as follows:

a/ Vestiges and antiquities discovered by organizations or individuals of which the owners cannot be identified must be handed over to local state management agencies in charge of culture. Provincial-level specialized agencies in charge of culture in the localities where vestiges and antiquities are discovered shall receive and temporarily hand them over to public museums for preservation and inspection and report thereon to the Minister of Culture, Sports and Tourism;

b/ Based on the value and requirement for safeguarding and promotion of the value of vestiges and antiquities, the Minister of Culture, Sports and Tourism shall decide to hand over vestiges and antiquities to public museums or state agencies or organizations with appropriate functions and tasks;

c/ The organizations and individuals that discover and hand over vestiges and antiquities shall be reimbursed the expenses of discovery and preservation, rewarded and awarded a sum of money in accordance with law.

4. Vestiges, antiquities and national treasures seized through handling of cases of illegal searching, transportation, trading, ownership transfer, purchase and sale, import and export must have their ownership determined and be handled in accordance with law. In case it is determined that vestiges, antiquities or national treasures are under entire-people ownership, provincial-level specialized agencies in charge of culture of the localities where the vestiges, antiquities or national treasures are seized shall receive and temporarily hand them over to public museums for preservation and inspection and report thereon to the Minister of Culture, Sports and Tourism.

5. The Government shall provide in detail the bringing of vestiges, antiquities and national treasures abroad, the management of national treasures upon their ownership transfer as specified at Point c, Clause 1 of this Article; and detail Clauses 3 and 4 of this Article.

Article 46. Requirements for safeguarding and preservation of vestiges, antiquities and national treasures

1. Vestiges, antiquities and national treasures under entire-people ownership must be safeguarded and preserved as follows:

a/ To meet all conditions on human resources, technical equipment and technology to control the preservation environment, respond to disasters, prevent and control fire, explosion, theft and other risks that are likely to affect the security and safety of the vestiges, antiquities and national treasures;

b/ In case the vestiges, antiquities or national treasures are managed at public museums or state agencies and organizations with appropriate functions and tasks, in addition to the requirements specified in Point a of this Clause, they must be stored and exhibited in preservation warehouses or exhibition rooms.

2. Provincial-level specialized agencies in charge of culture and public museums shall guide and support the safeguarding and preservation of vestiges, antiquities and national treasures under common ownership and private ownership in conformity with their actual conditions, ensuring the promotion of their values.

3. Agencies, organizations and individuals managing and owning national treasures shall formulate and implement special safeguarding plans to ensure absolute safety for these national treasures.

4. Preservation warehouses and exhibition rooms of vestiges, antiquities and national treasures specified at Point b, Clause 1 of this Article must meet the following requirements:

a/ Being built according to national standards or technical regulations;

b/ Having technical equipment and technology suitable to the preservation requirements of the types and materials of the stored vestiges, antiquities and national treasures;

c/ Having human resources, technical equipment and technology to ensure the preservation environment control, response to disasters, prevention and control of fire, explosion, theft and other factors that are likely to cause damage to the vestiges, antiquities and national treasures;

d/ Having technical equipment and technology to ensure safety for people working directly in the preservation warehouses of vestiges, antiquities and national treasures.

Article 47. Preservation and reconstruction of vestiges, antiquities and national treasures

1. The preservation of vestiges, antiquities and national treasures means the activities of safeguarding, preserving, preventing and eliminating harmful factors caused by the nature or humans under the following regimes:

a/ Arranging vestiges, antiquities and national treasures and organizing warehouses for preservation;

b/ Formulating dossiers on the status quo of the vestiges, antiquities and national treasures and the preservation environment;

c/ Periodical and regular preservation under general regulations and specific regulations for each type of the materials of the vestiges, antiquities or national treasures;

d/ Preventive preservation appropriate to the materials of the vestiges, antiquities or national treasures by measures to prevent and eliminate self-destruction or destruction caused by the nature or humans;

dd/ Treatment preservation by appropriate scientific, technical and technological measures to affect the vestiges, antiquities or national treasures that are partially damaged or in danger of being completely damaged to eliminate the cause of damage and increase their stability.

2. The preservation must be carried out for all vestiges, antiquities and national treasures when they are exhibited and stored in, or brought out of, warehouses.

3. When not being used for research, preservation or exhibition, vestiges, antiquities and national treasures being objects of public museums must be stored in preservation warehouses meeting the requirements specified in Clause 4, Article 46 of this Law.

4. Reconstruction of vestiges, antiquities and national treasures means acts of using appropriate measures, techniques and technologies to revitalize vestiges, antiquities and national treasures based on scientific and historical data. The reconstruction of vestiges, antiquities and national treasures must ensure that the vestiges, antiquities and national treasures are kept in status quo without changing their nature, shape, color and original characteristics; ensure historical accuracy and truthfulness; prioritize the use of traditional materials and techniques and original creation processes to reconstruct the vestiges, antiquities and national treasures.

5. Agencies, organizations and individuals conducting the preservation and reconstruction must take measures to ensure the safety of vestiges, antiquities and national treasures and prevent the risk of damage and destruction.

6. The preservation and reconstruction of vestiges, antiquities and national treasures must comply with the procedures, principles and techniques of preservation and reconstruction and conform with related customs, practices and beliefs and must be carried out by qualified, skilled and experienced persons, and agencies and organizations with appropriate functions and tasks.

7. Dossiers of the preservation and reconstruction process and details of the reconstruction of vestiges, antiquities and national treasures must be stored in and supplemented to scientific files of such vestiges, antiquities and national treasures.

Article 48. Exhibition of vestiges, antiquities and national treasures

1. The exhibition of vestiges, antiquities and national treasures includes:

a/ Regular exhibition and thematic exhibition at agencies and organizations managing and owning the vestiges, antiquities and national treasures;

b/ Definite-term exhibition at home and abroad;

c/ Exhibition in the cyber environment.

2. The exhibition of a vestige, an antiquity or a national treasure must meet the following requirements:

a/ Complying with the scope, subjects and activities of the agency or organization managing or owning the vestige, antiquity or national treasure;

b/ Displaying a description with complete, clear and accurate information about the vestige, antiquity or national treasure suitable to targeted visitors;

c/ Having a suitable space for exhibition to serve visitors;

d/ Complying with this Law and other relevant laws, for those exhibited in the cyber environment.

3. The exhibition of vestiges, antiquities and national treasures under common ownership or private ownership is as follows:

a/ The State encourages vestige, antiquity and national treasure owners to exhibit their collections, vestiges, antiquities and national treasures for visitors to visit, and research and learn about them;

b/ The exhibition of vestiges, antiquities and national treasures at public museums must be agreed in writing by their owners and public museums in accordance with the civil law and other relevant law.

Article 49. Safeguarding and promotion of the values of vestiges, antiquities and national treasures in houses of traditions, memorial houses, exhibition houses and other cultural institutions

Vestiges, antiquities and national treasures in houses of traditions, memorial houses, exhibition houses and other cultural institutions must be preserved and exhibited and have their value promoted in accordance with this Law and other relevant laws.

Article 50. Bringing vestiges, antiquities and national treasures for exhibition, research or temporary preservation at home and abroad

1. Vestiges, antiquities and national treasures shall be brought for exhibition, research or definite-term preservation at home and abroad in the following cases:

a/ Serving state-level external activities;

b/ Coordinated organization of exhibitions and introductions of Vietnamese cultural heritage;

c/ Serving the coordination in research of vestiges, antiquities and national treasures;

d/ Serving the preservation, for vestiges, antiquities and national treasures that cannot be preserved at home, or at the agencies, organizations or individuals directly managing and owning vestiges, antiquities and national treasures.

2. The bringing of a vestige, an antiquity or a national treasure for exhibition, research or preservation for a definite time at home must meet the following conditions:

a/ Having a written agreement or written contract and a plan for bringing of the vestige, antiquity or national treasure for exhibition, research or preservation with the receiving party;

b/ Having a plan to ensure security and safety so as not to cause damage to the vestige, antiquity or national treasure;

c/ Obtaining a decision from the managing agency or a document from the owner, for vestiges or antiquities;

d/ Obtaining a decision from the Minister of Culture, Sports and Tourism, for national treasures.

3. The bringing of a vestige, an antiquity or a national treasure for exhibition, research or preservation for a definite time abroad must meet the following conditions:

a/ Having a written agreement or written contract and a plan for bringing of the vestige, antiquity or national treasure for exhibition, research or preservation abroad with the receiving party;

b/ Having insurance for the vestige, antiquity or national treasure;

c/ Having a plan to ensure security and safety so as not to cause damage to the vestige, antiquity or national treasure;

d/ Obtaining a decision of the chairperson of the provincial-level People’s Committee, minister or head of the sector, agency or organization at the central level, for vestiges; or a decision of the Minister of Culture, Sports and Tourism, for antiquities; or a decision of the Prime Minister, for national treasures.

4. In case of borrowing vestiges, antiquities and national treasures for exhibition or research abroad, in addition to the conditions specified in Clause 3 of this Article, the receiving parties must also provide introduction contents or have research purposes in accordance with Vietnam’s law and pay the expenses specified at Points b and c, Clause 3 of this Article.

5. Agencies, organizations, individuals, families, family clans and communities that directly manage and own vestiges, antiquities or national treasures that are exhibited, researched or preserved for a definite time at home and abroad shall coordinate with the receiving parties to take measures to ensure security and safety so as not to cause damage to the vestiges, antiquities or national treasures in accordance with this law and other relevant laws.

6. In addition to complying with Clauses 1, 2, 3, 4 and 5 of this Article, when bringing national treasures being archive materials of special value, and private archive materials of special value for exhibition, research or preservation for a definite time at home or abroad, it is required to obtain written opinions of agencies, organizations, individuals, families, family clans and communities that manage or own such national treasures.

7. The Government shall specify the order, procedures and dossiers for the bringing of vestiges, antiquities and national treasures for exhibition, research or preservation for a definite time at home or abroad.

Article 51. Recovery, purchase and repatriation of overseas vestiges, antiquities and national treasures of Vietnamese origin

1. Domestic and foreign organizations and individuals are encouraged to discover and notify to competent state agencies of; and purchase, donate and hand over to the State, overseas vestiges, antiquities and national treasures of Vietnamese origin.

2. The Ministry of Culture, Sports and Tourism shall direct the formulation of a list of overseas vestiges, antiquities and national treasures of Vietnamese origin and the determination of the value thereof; propose plans to recover or purchase, and grant of import licenses for, overseas vestiges, antiquities and national treasures of Vietnamese origin and bring them back to the country; propose commendation for organizations and individuals that discover and notify to competent state agencies of, or purchase, donate and hand over to the State, overseas vestiges, antiquities and national treasures of Vietnamese origin.

3. When discovering overseas vestiges, antiquities and national treasures of Vietnamese origin that are originating in their localities, provincial-level People’s Committees shall identify and make a list of these vestiges, antiquities and national treasures and determine the value thereof; mobilize resources within their scope of competence or propose the Ministry of Culture, Sports and Tourism to implement plans on recovery, purchase and repatriation of these vestiges, antiquities and national treasures.

4. The purchase, transfer of ownership and repatriation of overseas vestiges, antiquities and national treasures of Vietnamese origin must comply with Points b and c, Clause 1, Article 42 of this Law.

5. For vestiges, antiquities and national treasures which are identified by the Ministry of Culture, Sports and Tourism and for which the Ministry of Culture, Sports and Tourism propose plans for recovery, purchase and repatriation, the Prime Minister shall decide on plans for recovery or use the state budget to purchase and repatriate them to Vietnam.

6. Organizations and individuals that purchase and repatriate overseas vestiges, antiquities and national treasures for exhibition, safeguarding and promotion of values in museums, traditional houses, commemorative houses or exhibition houses for non-profit purposes as certified by competent state agencies or donate or hand over vestiges, antiquities and national treasures to the State, shall be entitled to incentives regarding import duty, value-added tax and other related taxes and charges and have expenses for these activities accounted as valid expenses when determining taxable income in accordance with the laws on taxes, charges and fees.

7. The Government shall prescribe the order, procedures and dossiers for grant of import licenses for overseas vestiges, antiquities and national treasures of Vietnamese origin specified in Clause 2 of this Article, and detail Clause 6 of this Article.

Article 52. Replicas of vestiges, antiquities and national treasures

1. Replicas of vestiges, antiquities and national treasures are products that are made from the original items, look like to the original items in terms of shape, size, material, color, ornamentation and other features, have signals and clearly show the time of making to distinguish them from the originals.

2. The making of replicas of vestiges, antiquities and national treasures shall be carried out only for the purpose of safeguarding and promotion of values of vestiges, antiquities and national treasures in case vestiges, antiquities and national treasures are easily damaged and need to be restricted from use.

Replicas of vestiges, antiquities and national treasures are not equivalent to the original items and cannot replace the original items. Replicas may not be used for profit purposes and when using replicas, there must be a note stating that they are replicas.

3. The process of making replicas of vestiges, antiquities and national treasures, materials, sequence and techniques of production, quantity of replicas and time of making must be specified and archived in dossiers.

4. Conditions for making replicas of vestiges, antiquities and national treasures:

a/ Having the original items for comparison;

b/ Having separate signals and inscribing time of production on replicas for distinguishing them from original items;

c/ Obtaining the written consent of agencies, organizations, individuals, families, family clans and communities managing and owning vestiges, antiquities and national treasures;

d/ Having licenses granted by the competent persons specified in Clause 5 of this Article.

5. The competence to grant licenses for making replicas of vestiges, antiquities and national treasures is as follows:

a/ The Minister of Culture, Sports and Tourism shall grant licenses for making replicas of national treasures;

b/ Heads of provincial-level specialized agencies in charge of culture shall grant licenses for making replicas of vestiges and antiquities in their localities.

6. Based on the Government’s regulations on, purposes of, and necessity for, making replicas of vestiges, antiquities and national treasures, persons competent to grant licenses shall decide on the quantity of to-be-made replicas.

7. Products which are made identical to vestiges, antiquities and national treasures but in contravention of Clauses 1, 2, 3 and 4 of this Article are determined as forged vestiges, antiquities and national treasures.

8. The Government shall prescribe the order, procedures and dossiers for grant of licenses to make replicas; and quantity of to-be-made replicas of vestiges, antiquities and national treasures.

Chapter IV

SAFEGUARDING AND PROMOTION OF VALUES OF DOCUMENTARY HERITAGE

Article 53. Classification and criteria for identification of documentary heritage

1. A documentary heritage item consists of two components which are information content and information carrier.

2. Documentary heritage includes:

a/ Information content expressed in the form of characters, codes, scripts or drawings on information carriers which are leaves, bones, wood, stone, ceramic, paper, plastic, fabric, glass, metal or on information carriers of other materials;

b/ Information content expressed in sounds, still images or moving images on information carriers which are films, photos, recordings, audio recordings and other original information carriers;

c/ Information content expressed in digital form on information carriers containing electronic data.

3. Documentary heritage shall be identified according to the following criteria:

a/ Authenticity: Original information content is completely and intentionally recorded on information carriers with clear origin, source, time of creation, and information on the process of formation and preservation and ownership;

b/ Originality and uniqueness: Information content and the form and style of information carriers are unique, rare and typical of a type of heritage, a historical period or a culture of the country, a region or the world;

c/ Integrity: Original information content and current status of the carriers of original information;

d/ Value, significance and influence: Information content is typical of historical, cultural, scientific or aesthetical value and passed down from generation to generation, marking the turning points of one or more than one historical period associated with locations, events and people; and has impacts on the country, a region or the world.

Article 54. Inventory of documentary heritage and inventory lists of documentary heritage

1. Documentary heritage identified according to the criteria specified in Clause 3, Article 53 of this Law must be inventoried for inclusion in the inventory lists of documentary heritage under management. The inventory lists of documentary heritage must be reviewed and updated annually.

2. Chairpersons of provincial-level People’s Committees, ministers and heads of sectors and central agencies or organizations shall direct and organize the inventory, approve and promulgate the inventory lists of documentary heritage under their management; review the inventory lists of documentary heritage and remove items that no longer meet one of the criteria specified in Clause 3, Article 53 of this Law from the lists.

3. The Minister of Culture, Sports and Tourism shall detail this Article.

Article 55. Lists and criteria for inscription and additional inscription of documentary heritage

1. Documentary heritage items shall be inscribed or additionally inscribed on the following lists:

a/ National List of Documentary Heritage;

b/ UNESCO Lists, including: List of Regional Documentary Heritage and List of World Documentary Heritage.

2. Criteria for inscription and additional inscription of documentary heritage items on the National List of Documentary Heritage:

a/ Being documentary heritage items on the inventory lists of documentary heritage;

b/ Meeting the criteria specified in Clause 3, Article 53 of this Law;

c/ Being able to be preserved and having feasible preservation measures;

d/ Being unanimously and voluntarily nominated by agencies, organizations, communities, families, clans or groups of people and individuals that commit to safeguarding and promoting their values.

3. Criteria for selection of documentary heritage items to make dossiers of proposal for inscription or additional inscription on the UNESCO’s Lists:

a/ Being documentary heritage items on the National List of Documentary Heritage;

b/ Meeting the criteria for inscription or additional inscription according to the UNESCO’s regulations and guidelines.

Article 56. Inscription, additional inscription and removal of inscription of documentary heritage

1. The competence to inscribe and additionally inscribe documentary heritage items on the National List of Documentary Heritage is as follows:

a/ Provincial-level People’s Committees, ministries, sectors, and central agencies and organizations shall make scientific files of documentary heritage items in their localities or under their management. Scientific files of documentary heritage items must have appraisal opinions of the Appraisal Council established by chairpersons of provincial-level People’s Committees, ministers, or heads of sectors, central agencies or organizations;

b/ The Minister of Culture, Sports and Tourism shall consider, decide on the inscription, additional inscription, announcement and issuance of inscription and additional inscription certificates for documentary heritage items on the National List of Documentary Heritage submitted by provincial-level People’s Committees, ministries, sectors, central agencies and organizations after obtaining appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism.

2. The competence to propose the inscription and additional inscription of documentary heritage items on the UNESCO Lists is as follows:

a/ Chairpersons of provincial-level People’s Committees, ministers and heads of sectors, central agencies or organizations shall send a written request to the Minister of Culture, Sports and Tourism for the latter to consider and propose the Prime Minister to permit and assign provincial-level People’s Committees, ministries, sectors, central agencies and organizations to assume the prime responsibility for making scientific files of documentary heritage items proposed for inscription or additional inscription on the UNESCO Lists;

b/ Provincial-level People’s Committees, ministries, sectors, central agencies and organizations shall make scientific files of documentary heritage items proposed for inscription or additional inscription and request the Minister of Culture, Sports and Tourism to appraise such dossiers;

c/ The Minister of Culture, Sports and Tourism shall consider and propose the Prime Minister to decide to propose the inscription or additional inscription of Vietnam’s documentary heritage to the UNESCO Lists after obtaining appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism. Scientific files of documentary heritage submitted by the Ministry of Culture, Sports and Tourism to the Prime Minister must include written opinions of the National Council for Cultural Heritage.

3. The competence to remove inscription is as follows:

a/ The Minister of Culture, Sports and Tourism shall decide to remove a documentary heritage item from the National List of Documentary Heritage in case the documentary heritage item does not meet one of the criteria specified in Clause 2, Article 55 of this Law after obtaining appraisal opinions of the Appraisal Council established by the Minister of Culture, Sports and Tourism;

b/ The removal of Vietnam’s documentary heritage from the UNESCO Lists must comply with UNESCO’s regulations and guidelines.

4. The Government shall prescribe the order, procedures, dossiers for inscription, additional inscription and removal of documentary heritage under this Article.

Article 57. Preservation of documentary heritage

1. Inscribed documentary heritage items shall be preserved as follows:

a/ Making dossiers on the current status of documentary heritage items and the preservation environment;

b/ Carrying out regular preservation in accordance with general regulations and specific regulations for documentary heritage;

c/ Carrying out preventive preservation by measures to promptly prevent and limit damage caused by nature or humans to documentary heritage;

d/ Carrying out treatment preservation by scientific, technical and other appropriate measures to eliminate causes of, and partially restore, the damage of documentary heritage;

dd/ Digitalizing, updating, and creating backups on the national database system to serve the management, safeguarding, and promotion of values ​​of documentary heritage in the electronic environment in accordance with this Law, the Law on Access to Information, the Law on Intellectual Property, and other relevant laws.

2. Documentary heritage warehouses must meet the following requirements:

a/ Being built in conformity with requirements for safeguarding and preservation of documentary heritage according to the type and material of documentary heritage;

b/ Ensuring necessary conditions on human resources, technology, and techniques to safeguard and preserve documentary heritage;

c/ Applying science and technology in preservation of documentary heritage meeting the safeguarding and preservation requirements of documentary heritage;

d/ Being strictly safeguarded, ensuring security and safety in accordance with law; fully being equipped with necessary means and technical equipment for observation, monitoring, prevention of and combat against theft, disasters, fires, damage and other factors that are likely to cause harms to documentary heritage.

3. Audio and visual documentary heritage items must be stored in specialized warehouses meeting temperature and humidity standards appropriate to their type and material, meeting technical requirements; periodically inspected, preserved and repaired under Clause 1 of this Article with specialized equipment in accordance with this Law and other relevant laws.

4. Digital documentary heritage items must be stored, meeting requirements on standards, data structure in terms of integrity, consistency, authenticity, capacity, and updating on the national information management system; data must be regularly backed up, ensuring security, safety and accessibility in the electronic environment in accordance with this Law, the Law on Access to Information, the Law on Intellectual Property and other relevant laws.

5. The preservation of documentary heritage items under the all-people ownership must comply with Clauses 1, 2, 3 and 4 of this Article; for documentary heritage items on the UNESCO’s Lists, special protection plans must be developed and implemented.

6. Documentary heritage items under common ownership or private ownership shall be preserved on the spot or preserved in conformity with reality; relevant state agencies shall support and guide the preservation of documentary heritage items under common ownership or private ownership, depending on their capacity and practical situation so as to ensure the safeguarding and promotion of the values of documentary heritage.

7. The Minister of Culture, Sports and Tourism shall detail Clause 2 of this Article.

Article 58. Research into and collection of documentary heritage

1. Agencies, organizations, communities, families, family clans and individuals may research into and collect documentary heritage at home and abroad in conformity with their functions, tasks and powers as specified in this Law, the Law on Access to Information, the Law on Intellectual Property and other relevant laws.

2. Documentary heritage items shall be collected in the form of field survey, collection, receipt, transfer, donation, purchase and sale, exchange, ownership transfer or in other forms as specified in this Law, the Law on Intellectual Property and other relevant laws.

3. After being collected, documentary heritage items must be technically processed; and dossiers thereof must be made, completed and managed.

4. The order, procedures and dossiers of research and collection of documentary heritage must comply with the Minister of Culture, Sports and Tourism’s regulations.

Article 59. Reconstruction of documentary heritage

1. Documentary heritage items that have been inscribed shall be reconstructed if being damaged or likely to be destroyed.

2. The reconstruction of documentary heritage items under the all-people ownership is as follows:

a/ There must be projects on reconstruction of documentary heritage approved by chairpersons of provincial-level People’s Committees after obtaining appraisal opinions of provincial-level specialized agencies in charge of culture, for documentary heritage items on the National List of Documentary Heritage, or the Ministry of Culture, Sports and Tourism, for documentary heritage items on the UNESCO’s Lists of Documentary Heritage;

b/ The reconstruction must ensure the accuracy and originality in terms of original information and the archetype in terms of materials and forms of original information carriers and be performed by qualified, skilled and experienced persons, and agencies and organizations with appropriate functions and tasks, prioritizing the use of traditional materials and techniques and the original creation and fabrication process to reconstruct documentary heritage;

c/ The reconstruction of documentary heritage must comply with Articles 47 and 57 of this Law, the Law on Intellectual Property and other relevant laws.

3. For audio and visual documentary heritage items, it is required to assess and formulate plans on image and color reconstruction and adjustment and audio processing based on scientific grounds, change storage formats and update into the national database system in accordance with this Law, the Law on Intellectual Property, and other relevant laws.

4. Digital documentary heritage items must be researched and technically reconstructed in the electronic environment in accordance with this Law and the Law on Intellectual Property, and converted in conformity with technological changes, meeting requirements of the law on cyberinformation security and other relevant laws.

5. State agencies and organizations with relevant functions and tasks shall support the reconstruction of inscribed documentary heritage items under common ownership or private ownership in conformity with their capacity.

Article 60. Management, safeguarding and promotion of the values of documentary heritage

1. Documentary heritage items under the all-people ownership must be managed at agencies and organizations with appropriate functions and tasks for the purpose of safeguarding and promotion of the value of heritage; it is not permitted to use documentary heritage items under the all-people ownership for business purposes, purchase or sale, exchange, donate, transfer the ownership of documentary heritage under the all-people ownership in other forms, or use it as security for performance of civil obligations.

2. Documentary heritage items under common ownership or private ownership may be used for business purpose, purchased and sold, exchanged, or donated, have its ownership transferred in other forms, be used as security for performance of civil obligations and bequeathed in the country in accordance with this Law and other relevant laws.

When transferring ownership of a documentary heritage item under common ownership or private ownership, the documentary heritage item owner shall notify in writing to provincial-level specialized agencies in charge of culture where the documentary heritage item is registered of the new owner.

3. The safeguarding and promotion of values of documentary heritage on the inventory lists of documentary heritage must comply with Articles 57, 58, 59 and 60 of this Law.

4. For documentary heritage items on the National List and UNESCO Lists, it is required to strictly implement commitments on management, safeguarding and promotion of values of documentary heritage in accordance with this Law, the Law on Intellectual Property, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

5. The promotion of values of documentary heritage shall be carried out in the following forms:

a/ Announcing and introducing the inventory lists of documentary heritage, inscription list of documentary heritage, projects and schemes related to the safeguarding and promotion of the values of documentary heritage;

b/ Publishing publications; organizing physical or electronic exhibitions and exhibitions in other forms;

c/ Exchange, association, cooperation and other forms in accordance with law.

6. The Government shall detail Clause 2 of this Article.

Article 61. Schemes, projects, plans and periodical reports on the safeguarding and promotion of the values of inscribed documentary heritage items

1. Schemes, projects and plans on the safeguarding and promotion of the values of inscribed documentary heritage items must include the following contents:

a/ Research into and assessment of the possibility of negative impacts on the authenticity of information content and the originality of information carriers;

b/ Research into, collection of, and formulation of a database on, documentary heritage;

c/ Implementation of public communication about documentary heritage in the mass media, electronic environment and other forms;

d/ Supporting the safeguarding and promotion of documentary heritage, especially documentary heritage that is damaged or likely to be destroyed.

2. Chairpersons of provincial-level People’s Committees, ministers and heads of sectors, central agencies and organizations shall make and approve schemes, projects and plans on safeguarding and promotion of the values of documentary heritage items on the National List of Documentary Heritage under their management after obtaining appraisal opinions of the Minister of Culture, Sports and Tourism.

3. The Prime Minister shall consider and approve schemes and plans on safeguarding and promotion of the values of documentary heritage items on the UNESCO Lists based on the written opinions of the Minister of Culture, Sports and Tourism.

4. The Minister of Culture, Sports and Tourism shall appraise schemes, projects and plans on the management, safeguarding and promotion of the values of documentary heritage; guide the making of reports; make and send national reports at the request of the UNESCO.

5. The Government shall detail Clauses 2 and 4 of this Article.

Article 62. Bringing inscribed documentary heritage items for exhibition, research or preservation in the country and foreign countries; repatriation of overseas documentary heritage of Vietnamese origin

1. Bringing inscribed documentary heritage items for exhibition, research or preservation in the country and foreign countries in the following cases:

a/ Serving state-level external activities;

b/ Conducting coordinated research, organization of exhibitions and introduction of Vietnam’s cultural heritage;

c/ Preserving documentary heritage items in case agencies, organizations, families, family clans or individuals that own or manage the documentary heritage items are unable to preserve such heritage items.

2. The bringing of documentary heritage items for exhibition, research or preservation must meet the following conditions:

a/ Having a written agreement or contract with the receiving party and having made a plan on assurance of safety when bringing documentary heritage items for exhibition, research or preservation;

b/ Obtaining a decision or written consent of agencies, organizations, individuals, families, family clans, or communities directly managing or owning the documentary heritage items;

c/ Having bought insurance in case of bringing documentary heritage items abroad;

d/ Obtaining a decision of chairpersons of provincial-level People’s Committees, ministers, heads of sectors, central agencies and organizations, for documentary heritage on the National List of Documentary Heritage; or the Prime Minister, for documentary heritage on the UNESCO Lists;

dd/ Having sent a report thereon to the Ministry of Culture, Sports and Tourism.

3. In case of borrowing documentary heritage items for exhibition or research, in addition to the conditions specified in Clause 2 of this Article, the receiving party shall provide introduction content or notify research purposes in accordance with Vietnam’s law and bear security expenses and insurance premiums specified at Points a and c, Clause 2 of this Article.

4. Domestic and foreign organizations and individuals are encouraged to discover and notify competent state agencies of overseas valuable documentary heritage items of Vietnamese origin; purchase, donate, or hand over to the State overseas documentary heritage items of Vietnamese origin. The State shall prioritize state budget funds to purchase and repatriate overseas valuable documentary heritage items of Vietnamese origin to the country. Organizations and individuals that purchase and repatriate overseas documentary heritage items purchased and repatriated and donate or hand over such items to Vietnam shall be entitled to import duty and value-added tax incentives, have costs for these activities accounted as valid expenses when determining taxable income, and enjoy other tax and charge incentives according to the law on taxes, charges and fees.

Article 63. Replicas of documentary heritage items

1. Replicas of documentary heritage items are products made from the original items, and look like the original items in terms of information content and information carriers.

2. The making of replicas of documentary heritage items shall be carried out only for the purpose of safeguarding and promoting the values of documentary heritage in case items are easily damaged and need to be restricted from use.

3. The process of making replicas, materials, quantity and time of making replicas of documentary heritage items must be specified and archived in dossiers.

4. Conditions for making replicas of documentary heritage items:

a/ Having the original items for comparison;

b/ Having signals inscribing the time of production on replicas for distinguishing them from the original items;

c/ Obtaining written consents of agencies, organizations, individuals, households, families, clans, and communities directly managing or owning the documentary heritage items;

d/ Having been granted a license by competent persons.

5. Replicas of documentary heritage items are not equivalent to the original items and cannot replace the original items and may not be used for profit purposes; and when using replicas, there must be a note stating that these items are replicas;

6. Replicas of audio, visual and digital documentary heritage items must comply with Clauses 1, 2, 3, and 4 of this Article and other relevant laws.

7. The making of replicas of documentary heritage items on UNESCO’s List which are archive materials must comply with this Law and other relevant laws.

8. Persons competent to grant licenses for the making of replicas of documentary heritage items shall, based on the Government’s regulations on, purposes of, and necessity for the making of replicas of documentary heritage items, decide on the quantity of to-be-made replicas.

9. The making of products that look like documentary heritage items but do not comply with Clauses 1, 2, 3 and 4 of this Article shall be determined as forging documentary heritage items.

10. The Government shall prescribe the competence, order, procedures and dossiers for grant of licenses to make replicas of documentary heritage items; and the number of to-be-made replicas.

Chapter V

MUSEUMS

Article 64. Vietnam’s museum system

1. Vietnam’s museum system includes:

a/ Public museums that are museums which are invested by the State and for which the State covers operating expenses and represents as the owner. Public museums shall be organized after the model of public non-business unit or in conformity with the model of their managing agencies or organizations;

b/ Non-public museums, that are museums which are invested and have their operating expenses covered by Vietnamese organizations and individuals, overseas Vietnamese, and foreign organizations and individuals. Non-public museums shall be organized after the model of enterprise, non-public non-business organization or another model.

2. Museums have their own seals and accounts in accordance with law.

Article 65. Establishment of public museums

1. A public museum shall be established when it satisfies the following conditions:

a/ Having objects or collections of objects of one or more than one theme;

b/ Having exhibition rooms, warehouses and technical and technological equipment or having projects to build, renovate and upgrade architectural works, technical infrastructure and interior and outdoor exhibition space suitable for the safeguarding and promotion of values of the objects and collection of objects specified at Point a of this Clause and other regular activities, which are appraised and approved by competent agencies;

c/ Having specialized human resources suitable to scope of operation of the museum.

2. The competence, order, procedures and dossiers for establishing public museums are as follows:

a/ The competence, order, procedures and dossiers for establishment of museums that are public non-business units must comply with the law on public non-business units;

b/ The competence, order, procedures, and dossiers for establishment of museums other than those specified at Point a of this Clause must comply with the law regulating the establishment of agencies and organizations managing the museums;

c/ The Ministry of Culture, Sports and Tourism shall issue letters of confirmation of qualification for establishment of public museums specified in Clause 1 of this Article.

Article 66. Merger, consolidation, division, separation, and dissolution of public museums

1. Upon merger, consolidation, division, separation, and dissolution of public museums, it is required to formulate plans on management of objects of museums, so as to ensure their safety and security and object inventory dossiers.

2. Agencies, organizations, or persons competent to establish museums shall decide on the merger, consolidation, division, separation, and dissolution of public museums in accordance with the law on public non-business units or the law regulating the establishment of agencies and organizations managing these museums.

Article 67. Grant, re-grant and revocation of licenses for operation of non-public museums

1. Conditions for grant of licenses for operation of non-public museums:

a/ Having objects or collections of objects in one or more than one theme; objects that are vestiges and antiquities must be registered in accordance with Article 43 of this Law;

b/ Exhibiting objects to the public;

c/ Having schemes for organization and operation.

2. The grant, re-grant and revocation of licenses for operation of non-public museums are as follows:

a/ Licenses for operation of non-public museums shall be granted to organizations and individuals that meet the conditions specified in Clause 1 of this Article;

b/ Licenses for operation of non-public museums shall be re-granted in case of damage or loss;

c/ Licenses for operation of non-public museums shall be revoked in one of the following cases: voluntary dissolution; violating Clauses 3, 4, 7, 10, 11 or 12, Article 9 of this Law; no longer meeting the conditions for operation specified at Point a or Point b, Clause 1 of this Article; being subject to permanent termination of operation in accordance with law; other cases as specified by the law on enterprises and other relevant laws.

3. Heads of provincial-level specialized agencies in charge of culture shall decide on the grant, re-grant, and revocation of licenses for operation of non-public museums in their localities.

4. The Government shall detail this Article.

Article 68. Tasks of museums

1. A museum has the following tasks:

a/ Researching and applying science and technology to serve the safeguarding and promotion of cultural heritage values;

b/ Collecting, inventorying, documenting, preserving, reconstructing, and managing objects that fall into the scope of its operation;

c/ Exhibiting objects at the museum or in the electronic environment; exhibiting objects at home and abroad;

d/ Interpreting, communicating and educating about cultural heritage within the scope of its operation;

dd/ Developing, training and further training human resources for the museum;

e/ Managing facilities and technical equipment of the museum;

g/ Carrying out international cooperation in accordance with law;

h/ Organizing cultural activities in conformity with the museum’s nature, content, and scope of operation;

i/ Organizing service activities in accordance with Articles 77 and 81 of this Law; collecting and using visiting charges and prices in accordance with law;

k/ Other tasks in accordance with law.

2. The Minister of Culture, Sports and Tourism shall detail Points a, b, c, d and dd, Clause 1 of this Article.

Article 69. Ranking and re-ranking of museums and competence to rank and re-rank museums

1. The ranking of museums shall be based on the following criteria:

a/ Quantity and values of objects and collections of objects;

b/ Quality of inventory, preservation, exhibition, education and communications activities;

c/ Facilities and technical equipment;

d/ Level of standardization of professional and technical staffs;

dd/ Operational efficiency.

2. Museums are ranked into:

a/ Grade-I museums;

b/ Grade-II museums; and,

c/ Grade-III museums.

3. Re-ranking of museums is as follows:

a/ The period for re-ranking of museums is 5 years from the date of issuance of the previous ranking decision;

b/ Museums that meet criteria of a higher grade shall be considered for re-ranking ahead of schedule.

4. The competence to rank and re-rank museums is as follows:

a/ Chairpersons of provincial-level People’s Committees, ministers, heads of sectors, central agencies or organizations shall direct the making and appraisal of dossiers for ranking and re-ranking museums, and send them to the Ministry of Culture, Sports, and Tourism; and decide on ranking and re-ranking of grade-II and -III museums after obtaining written opinions from the Minister of Culture, Sports, and Tourism;

b/ The Minister of Culture, Sports, and Tourism shall review dossiers for ranking and re-ranking museums, carry out site inspection, decide on the ranking and re-ranking of grade-I museums, and give written opinions on the ranking and re-ranking of grade-II and-III museums.

5. The Government shall provide in detail the standards, order, procedures, and dossiers for ranking and re-ranking of museums.

Article 70. Investment in construction, renovation or upgrading of architectural works, technical infrastructure and exhibition at public museums

1. Investment in construction, renovation or upgrading of architectural works, technical infrastructure and exhibition at public museums must comply with this Law, the law on public investment and construction, and other relevant laws, and must satisfy the following requirements:

a/ Having an outline for exhibition approved by a competent agency after obtaining the written consent from the Minister of Culture, Sports and Tourism based on opinions of the Scientific Council for Museums established by the Minister of Culture, Sports and Tourism.

An outline for exhibition shall be approved before the approval of the feasibility study report or techno-economic report of the investment project on construction, renovation or upgrading of architectural works, technical infrastructure and exhibition at a public museum. For projects subject to investment policy decision, the outline for exhibition shall be approved before the investment policy is decided;

b/ Satisfying security and safety conditions for objects, management and use of museums, and performance of museums’ tasks specified in Clause 1, Article 68 of this Law;

c/ A dossier of an investment project on construction, renovation or upgrading of architectural works, technical infrastructure and exhibition at a public museum shall be submitted by the agency in charge of appraisal, enclosed with a written request to the Ministry of Culture, Sports and Tourism for opinion before being submitted to a competent authority for approval in accordance with this Law and other relevant laws.

2. The Government shall detail this Article.

Article 71. Object collection activities of museums

1. Museums may collect objects at home and abroad in conformity with their contents, subjects and scope of operation.

2. Museums shall organize the collection of objects through the methods specified in Clause 1, Article 42 of this Law and through the purchase and sale of vestiges and antiquities specified in Article 80 of this Law.

3. The collection of objects must comply with this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 72. Object inventory and documentation activities of museums

1. Object inventory and documentation activities of museums include:

a/ Receiving, classifying, registering, arranging, and monitoring of output and input, and status of preservation, of objects;

b/ Compiling and managing object-related dossiers;

c/ Adding information on objects;

d/ Researching and developing collections of objects;

dd/ Establishing a system of object lookup notes;

e/ Computerizing systems for management of objects.

2. Dossiers of inventory and documentation of objects shall be prepared, managed and stored in paper and electronic forms.

Article 73. Object preservation activities of museums

1. Object preservation activities of museums include:

a/ Arranging objects and warehouses for preservation of objects;

b/ Making records of current status of objects and preservation environment;

c/ Organizing periodical preservation, preventive preservation, treatment preservation of objects.

2. Object preservation activities of museums shall be carried out for all objects in storage, on exhibition and taken out of museums.

3. Object preservation activities of museums must comply with procedures and principles and apply techniques for preservation in conformity with customs, practices and beliefs related to objects.

Article 74. Exhibition of objects and introduction of intangible cultural heritage by museums

1. Exhibition of objects and introduction of intangible cultural heritage by museums include:

a/ Regular and thematic exhibitions at museums;

b/ Time-bound exhibitions at home and abroad;

c/ Electronic exhibitions;

d/ Introduction of intangible cultural heritage.

2. Exhibition of objects and introduction of intangible cultural heritage by museums must:

a/ Ensure conformity with contents, subjects and scope of operation of museums;

b/ Focus on exhibition of original objects; to ensure adequate, clear and accurate information on objects and exhibition contents;

c/ Ensure that reconstructed objects and replicas of vestiges, antiquities and national treasures and copies of documentary heritage are properly labeled;

d/ Ensure that the introduction of intangible cultural heritage conforms to the exhibition contents of museums;

dd/ Facilitate visits of museums and maintain security and safety for objects and visitors;

e/ Comply with law.

Article 75. Educational activities of museums

1. Educational activities of museums include:

a/ Guiding tours; organizing experiential activities;

b/ Organizing educational programs;

c/ Organizing scientific seminars and talks and thematic talks.

2. Educational activities must conform to contents, subjects and scope of operation of museums; and meet the people’s needs for learning and cultural enjoyment.

Article 76. Public communication activities of museums

1. Public communication activities of museums include:

a/ Introducing contents and operation of museums in the mass media and in the electronic environment;

b/ Organizing programs for promotion and development of public relations;

c/ Collecting the public’s evaluation opinions on operation of museums;

d/ Establishing a network of related organizations and individuals for development of operation of museums at home and abroad;

dd/ Developing souvenirs and publications of museums.

2. Public communication activities of museums must conform to contents, subjects and scope of operation of museums and comply with law.

Article 77. Service provision activities of museums

1. Service provision activities of museums include:

a/ Providing information and materials on cultural heritage;

b/ Organizing cultural, educational, sport and tourist activities;

c/ Providing advices on techniques and professional operations of museums;

d/ Carrying out inspection of vestiges and antiquities;

dd/ Documenting intangible cultural heritage; researching and providing advices on compilation of scientific files of relics;

e/ Providing services on souvenirs and cultural products of museums;

g/ Preserving, reconstructing, and making replicas of, vestiges, antiquities and national treasures and copies of documentary heritage; providing services related to the utilization and exploitation of cultural heritage under Article 88 of this Law;

h/ Carrying out cooperation in archaeological excavation;

i/ Carrying out cooperation in professional training in museums;

k/ Providing services of depositing and storing objects and materials on intangible cultural heritage, vestiges, antiquities, national treasures and documentary heritage;

l/ Organizing souvenir shops, and providing food, beverage, rest and entertainment services and other services.

2. Service provision activities at museums specified in Clause 1 of this Article must comply with this Law and other relevant laws.

3. Public museums may use public physical facilities and assets to provide the services specified in Clause 1 of this Article in accordance with this Law, the law on management and use of public assets and other relevant laws.

4. The Minister of Culture, Sports and Tourism shall detail Point k, Clause 1 of this Article.

Chapter VI

PROVISION OF CULTURAL HERITAGE- RELATED SERVICES

Article 78. Provision of services for preservation, restoration and revitalization of relics

1. Organizations and individuals may provide services for formulation of master plans on preservation, restoration and revitalization of relics; formulation of projects and techno-economic reports on preservation, restoration and revitalization of relics; designs for preservation, restoration and revitalization of relics; construction of preservation, restoration and revitalization of relics; and consultancy on construction supervision of the preservation, restoration and revitalization of relics in accordance with this Law, laws on the investment and enterprises, and other relevant laws, and shall obtain certificates of eligibility to practice preservation, restoration and revitalization of relics, and practice certificates for preservation, restoration and revitalization of relics.

Organizations providing services for formulation of master plans on preservation, restoration and revitalization of relics; formulation of projects and techno-economic reports on preservation, restoration and revitalization of relics; designs for preservation, restoration and revitalization of relics; preservation, restoration and revitalization of relics; and consultancy on construction supervision of preservation, restoration and revitalization of relics shall also comply with the following regulations:

a/ For formulation of master plans on preservation, restoration and revitalization of relics, such an organization must fully satisfy the conditions to practice designing of construction master plans in accordance with the construction law, and have at least 2 individuals possessing practice certificates for formulation of master plans on preservation, restoration and revitalization of relics;

b/ For formulation of projects and techno-economic reports on preservation, restoration and revitalization of relics, such an organization must fully satisfy the conditions to practice construction designing in accordance with the construction law, and have at least 2 individuals possessing practice certificates for formulation of projects on preservation, restoration and revitalization of relics;

c/ For designing for preservation, restoration and revitalization of relics, such an organization must fully satisfy the conditions to practice construction designing in accordance with the construction law, and at least 2 individuals possessing practice certificates for designing for preservation, restoration and revitalization of relics;

d/ For construction of preservation, restoration and revitalization of relics, such an organization must fully satisfy the capacity conditions for construction organizations in accordance with the construction law, and have at least 2 individuals possessing practice certificates for construction of preservation, restoration and revitalization of relics;

dd/ For consultancy on construction supervision of preservation, restoration and revitalization of relics, such an organization must fully satisfy the capacity conditions for construction supervision organizations in accordance with the construction law, and have at least 2 individuals possessing practice certificates for construction supervision consultancy of preservation, restoration and revitalization of relics.

2. The Government shall provide in detail conditions, competence, order, procedures and dossiers for grant, re-grant, and revocation of certificates of eligibility to practice preservation, restoration and revitalization of relics; practice certificates for formulation of master plans on preservation, restoration and revitalization of relics; practice certificates for formulation of projects and techno-economic reports on preservation, restoration and revitalization of relics; practice certificates for construction of preservation, restoration and revitalization of relics; and practice certificates for construction supervision consultancy of preservation, restoration and revitalization of relics.

Article 79. Provision of services for inspection of vestiges and antiquities

1. Organizations and individuals may provide services for inspection of vestiges and antiquities in accordance with this Law, the investment and enterprise laws, and other relevant laws.

An organization providing services for inspection of vestiges and antiquities shall also satisfy the following conditions:

a/ Having a head office that satisfies the conditions for storing and preserving vestiges and antiquities subject to inspection;

b/ Having equipment and means for inspection;

c/ Having at least 3 experts in inspection of vestiges and antiquities who satisfy the criteria specified in Clause 4, Article 41 of this Law;

d/ Possessing a certificate of eligibility for provision of services for inspection of vestiges and antiquities, granted by a competent agency.

2. The Government shall provide in detail conditions, competence, order, procedures, and dossiers for grant, re-grant and revocation of certificates of eligibility for provision of services for inspection of vestiges and antiquities.

Article 80. Trading in vestiges and antiquities

1. Organizations and individuals may trade in vestiges and antiquities; provide services related to the preservation and reconstruction of vestiges and antiquities; and digitization and establishment of databases on vestiges and antiquities in accordance with this Law, the laws on investment and enterprises and other relevant laws, and shall satisfy the following conditions:

a/ Having a certificate of eligibility to trade in vestiges and antiquities, for business establishments;

b/ Having a practice certificate for trading in vestiges and antiquities, for establishment owners or legal representatives;

c/ Having a head office that satisfies the conditions for storing, preserving or exhibiting vestiges and antiquities, and means and techniques in conformity with registered business lines.

2. The Government shall specify conditions, competence, order, procedures and dossiers for grant, re-grant and revocation of certificates of eligibility for trading in vestiges and antiquities and practice certificates for trading in vestiges and antiquities.

Article 81. Provision of museum services

1. Agencies, organizations and individuals may provide museum services in accordance with this Law, the laws on investment and enterprises, and other relevant laws, and must satisfy one of the following conditions:

a/ Being licensed to establish public museums under Article 65 of this Law;

b/ Being granted a museum operation license under Article 67 of this Law.

2. Provision of museum services must conform to museums’ tasks specified in Article 68 of this Law.

Chapter VII

CONDITIONS TO ENSURE SAFEGUARDING AND PROMOTION OF VALUES OF CULTURAL HERITAGE

Article 82. Financial sources for safeguarding and promotion of values ​​of cultural heritage

1. State budget funds allocated for recurrent expenditures and development investment expenditures of ministries, ministerial-level agencies, government-attached agencies and other central and local agencies and organizations in accordance with the law on the state budget.

2. Revenues from exploitation and use of cultural heritage and service provision activities in accordance with law.

3. Aid, donations, support, gifts and contributions of domestic and foreign organizations and individuals in accordance with law; cultural heritage conservation funds.

4. Other lawful financial sources.

Article 83. State budget funds for safeguarding and promotion of values of cultural heritage

1. The state budget shall cover the following tasks:

a/ Research, collection, documentation, practice, teaching, inventory, compilation of scientific files, ranking, recognition, and inscription of cultural heritage; recognition of national treasures;

b/ Implementation of measures, programs and projects for management, safeguarding and promotion of values of cultural heritage; demarcation and planting of markers of relic protection areas; preservation, revitalization, renovation, maintenance, servicing, repair, reconstruction, and urgent repair of historical-cultural relics, museums, public museum exhibitions, museum warehouses and objects, vestiges, antiquities, national treasures, and documentary heritage;

c/ Formulation, appraisal, approval, announcement, adjustment, and evaluation of master plans for preservation, restoration and revitalization of relics and archaeological master plans; formulation, appraisal and implementation of projects on preservation, restoration and revitalization of relics; appraisal and implementation of investment projects on construction, renovation and upgrading of works and public museum exhibitions; and projects on reconstruction of documentary heritage;

d/ Formulation and implementation of national action programs, national reports, schemes and projects on safeguarding and promotion of values ​​of cultural heritage;

dd/ Inspection of vestiges, antiquities and documentary heritage; collection of vestiges, antiquities, national treasures and documentary heritage; purchase of vestiges, antiquities, national treasures and documentary heritage of Vietnamese origin that are in foreign countries and bringing thereof back to Vietnam in the cases specified in Clause 4, Article 51 and Clause 4, Article 62 of this Law; exhibitions of vestiges, antiquities, national treasures and documentary heritage at home and abroad; receipt of vestiges, antiquities, national treasures and documentary heritage collected from illegal search, purchase and sale, transport, export and import from foreign countries and bringing thereof back to Vietnam;

e/ Performance of the tasks of organizations assigned to manage and use relics under the all-people ownership, and public museums;

g/ Archaeological exploration and excavation and research and processing of archaeological exploration and excavation results;

h/ Support for intangible cultural heritage artisans and bearers, caretakers of historical-cultural relics, and individuals being owners of documentary heritage inscribed by the UNESCO in accordance with law;

i/ Training, further training and coaching of human resources; scientific research, and international cooperation on safeguarding and promotion of values of cultural heritage;

k/ Public communication about, introduction and promotion of cultural heritage;

l/ Implementation of investment projects on application of information technology and digital transformation; servicing, maintenance, upgrading and expansion of systems for information technology application and digital transformation in safeguarding and promotion of values of cultural heritage;

m/ Operation of inspection councils, scientific councils and professional councils in the field of cultural heritage and the National Council for Cultural Heritage in accordance with this Law;

n/ Other tasks as provided by law.

2. The Government shall provide in detail tasks, contents, and levels of expenditure for the tasks of safeguarding and promotion of values of cultural heritage mentioned in this Article.

Article 84. Training, coaching and further training of human resources for management, safeguarding and promotion of values of cultural heritage

1. Human resources for management, safeguarding and promotion of values of cultural heritage are entitled to professional training and further training appropriate to their jobs in accordance with law; and preferential regimes and policies in accordance with law, with special priority given to human resources in ethnic minority areas.

2. Human resources engaged in management, safeguarding and promotion of values of cultural heritage who are not salaried by the state budget are entitled to part of funds for professional training and further training, revenues from exploitation and use of cultural heritage, and other regimes and policies in accordance with law.

3. The Minister of Culture, Sports and Tourism shall provide in detail programs and documents on, and organization of, training, coaching and further training for human resources for management, safeguarding and promotion of values of cultural heritage.

Article 85. National database on cultural heritage and digital transformation in the field of cultural heritage

1. To build a national database on cultural heritage to store, manage, safeguard, exploit and promote values of cultural heritage, serving socio-economic development in accordance with the laws on data and e-transactions and other relevant laws.

2. The Prime Minister shall approve the national database on cultural heritage in accordance with the data law and other relevant laws.

3. The Ministry of Culture, Sports and Tourism shall build, manage, operate, update, maintain, and guide the exploitation and use of, the national database on cultural heritage.

4. Agencies, organizations and individuals shall organize the building of databases on cultural heritage as decentralized, ensuring integration and connection with the national database on cultural heritage and meeting security, safety and confidentiality requirements under regulations.

5. The building, updating, maintenance, exploitation and use of the national database on cultural heritage; and the validity of data on intangible cultural heritage and converted documentary heritage must comply with the laws on data and e-transactions.

6. To study formulating projects, schemes, programs, plans and scientific topics on digital transformation and digitization of cultural heritage, build and develop information systems, and apply new technologies in the management, safeguarding and promotion of values of cultural heritage.

7. The Government shall provide in detail digital transformation in the field of cultural heritage.

Article 86. Public communication, promotion and education about traditions through cultural heritage and promotion of values of cultural heritage in the electronic environment

1. To carry out public communication, promotion and education about traditions through cultural heritage in the mass media; through exhibitions, introduction, scientific seminars, talks, contests, and exhibitions on cultural heritage; festivals and performances of intangible cultural heritage; activities of learning and visiting about cultural heritages in association with education programs and activities at education institutions; and compilation and publishing of specialized documents on cultural heritage, and in other appropriate forms in accordance with law.

2. The promotion of values of cultural heritage in the electronic environment must comply with this Law, the laws on information technology and e-transactions and other relevant laws, and fully meet the following requirements:

a/ Assurance of safety of cultural heritage in the process of building digital data on cultural heritage and digital exhibition contents;

b/ Compliance of the collection, storage and processing of data and the use of digital databases by organizations and individuals with the laws on copyright and personal data protection;

c/ Comformity of digital data with standards and technical regulations on digital data, cyberinformation security and cyber security and relevant laws.

Article 87. Mobilization of social resources for safeguarding and promotion of values of cultural heritage

1. To encourage and create conditions for organizations and individuals to participate in the safeguarding and promotion of values of cultural heritage.

2. Mobilized social resources shall be used for:

a/ Research, collection, inventory, documentation, and compilation of scientific files for recognition, ranking, and inscription of cultural heritage;

b/ Research and application of science and technology in the safeguarding and promotion of values of cultural heritage;

c/ Building of databases on cultural heritage;

d/ Public communication about and promotion of cultural heritage at home and abroad;

dd/ Revitalization, practice, teaching, introduction, promotion, performance, and festivals on intangible cultural heritage;

e/ Preservation, restoration, revitalization and promotions of values of relics;

g/ Archaeological exploration and excavation;

h/ Research, collection, preservation, digitization, storage, reconstruction, and promotion of values of documentary heritage;

i/ Research, collection, inspection, inventory, preservation, reconstruction, exhibition, education, and public communication by museums;

k/ Other activities specified by law.

3. Organizations and individuals engaged in the safeguarding and promotion of values of cultural heritage specified in Clause 2 of this Article are entitled to tax and loan incentives in accordance with law.

Article 88. Use and exploitation of cultural heritage

1. Organizations, communities and individuals may use and exploit cultural heritage in the following cases:

a/ Creation and composition of literary and artistic works; art performances;

b/ Public communication, introduction, promotion and education about cultural heritage;

c/ Scientific research;

d/ Business, service provision, tourism, and development of the cultural industry;

dd/ Other cases specified by law.

2. The use and exploitation of cultural heritage must meet the following requirements:

a/ Promoting fine traditions of ethnic groups living in Vietnam;

b/ Contributing to the creation of new cultural values, enriching the Vietnamese cultural heritage and expanding international cultural exchanges;

c/ Promoting values of Vietnamese cultural heritage at home and abroad, contributing to the country’s sustainable development;

d/ Complying with this Law, the law on intellectual property and the civil law and other relevant laws.

3. A cultural heritage site/element is restricted from use and exploitation in the following cases:

a/ It is prone to damage;

b/ It contains information that, if widely used, is likely to affect the State’s interests and lawful rights and interests of agencies, organizations and individuals.

c/ It is included in the List of state secrets, subject to restricted use, conditional access or limited access under this Law, and the laws on protection of state secrets and access to information;

d/ It is likely to be taken advantage of to distort the State’s guidelines, policies and laws, and oppose the State of the Socialist Republic of Vietnam; divide the great national unity bloc; provoke violence, and cause hatred among ethnic groups and religions; propagate wars of aggression; destroy good customs and traditions; spread superstition; practice discrimination and cultural stigma, or lead to unfair competition, contradictions, disputes and cultural conflicts;

dd/ It is likely to be taken advantage of for propaganda purposes, adversely affecting national sovereignty, national defense, security and politics, and insulting national heroes, celebrities or historical figures.

4. The Minister of Culture, Sports and Tourism shall detail Points a, b, d and dd, Clause 3 of this Article. Agencies, organizations and individuals directly managing or lawfully owning cultural heritage shall promulgate lists of cultural heritage restricted from use and exploitation.

Article 89. Cultural heritage conservation funds

1. Cultural heritage conservation fund is an off-budget state financial fund, established and operating in accordance with law to provide financial support for activities of safeguarding and promoting values of cultural heritage that have not yet received investment or support or have received insufficient investment from the state budget, covering:

a/ Safeguarding intangible cultural heritage in danger of being faded away or falling into oblivion;

b/ Constructing works and items for preservation, restoration, revitalization, safeguarding and promotion of values of relics;

c/ Purchasing vestiges, antiquities, national treasures, documentary heritage, rare documents on intangible cultural heritage of Vietnamese origin in foreign countries and bringing them back to Vietnam;

d/ Purchasing Vietnamese valuable vestiges, antiquities, national treasures, documentary heritage for addition to collections of museums and relics.

2. Cultural heritage conservation funds’ financial sources include aid, donations, support and gifts of domestic and foreign organizations and individuals and lawful financial sources other than state budget funds in accordance with law. State budget funds may not be provided for the funds’ activities.

3. A cultural heritage conservation fund has the legal person status and its own seal; and is entitled to open accounts at State Treasury offices and commercial banks for receipt, management and use of financial sources for safeguarding and promotion of values of cultural heritage. At the end of a fiscal year, the fund’s remainder (if any) shall be carried forward to the next year for the safeguarding and promotion of values of cultural heritage.

4. Cultural heritage conservation funds operate for not-for-profit purposes; carry out estimate making and estimation, accounting, financial settlement, and audit in accordance with law. It is required to ensure publicity and transparency of finance and operation results of the funds.

5. Competence to establish funds:

a/ The Minister of Culture, Sports and Tourism may decide on the establishment of the Central Cultural Heritage Conservation Fund;

b/ Chairpersons of provincial-level People’s Committees may decide on the establishment of local cultural heritage conservation funds, based on local socio-economic conditions, capacity for mobilizing social resources and the effectiveness of funds.

6. The Government shall detail this Article.

Chapter VIII

STATE MANAGEMENT OF CULTURAL HERITAGE

Article 90. Responsibility for state management of cultural heritage

1. The Government shall perform the unified state management of cultural heritage.

2. The Ministry of Culture, Sports and Tourism shall act as the focal point in assisting the Government in performing the unified state management of cultural heritage, and has the following responsibilities:

a/ To formulate and promulgate, or submit to competent state agencies for promulgation, and organize the implementation, of legal documents, strategies, programs, master plans and plans on safeguarding and promotion of values of cultural heritage;

b/ To approve and appraise projects, schemes, programs, master plans and plans on safeguarding and promotion of values of cultural heritage according to its competence;

c/ To carry out and guide the ranking, recognition and inscription, and issue certificates of ranking, recognition and inscription, of cultural heritage according to its competence;

d/ To carry out and guide the ranking of museums according to its competence;

dd/ To provide training and further training for improvement of management capacity and professional qualifications for human resources for safeguarding and promotion of values of cultural heritage;

e/ To organize and manage research and application of scientific and technological advances to safeguarding and promotion of values of cultural heritage;

g/ To carry out public communication and education about the law on safeguarding and promotion of values of cultural heritage;

h/ To organize emulation and commendation work in safeguarding and promotion of values of cultural heritage;

i/ To perform examination and inspection, settle complaints and denunciations, and handle violations related to cultural heritage according to its competence;

k/ To introduce, promote, and carry out international cooperation on, cultural heritage, and fulfill responsibilities and commitments of a State Party to the UNESCO Conventions on cultural heritage;

l/ Other responsibilities provided in this Law and other relevant laws.

3. Ministries and ministerial-level 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 cultural heritage in accordance with this Law and other relevant laws; coordinate with the Ministry of Culture, Sports and Tourism, other ministries and ministerial-level agencies, and provincial-level People’s Committees in recovering or purchasing vestiges, antiquities, national treasures and documentary heritage of Vietnamese origin in foreign countries and bringing them back to Vietnam.

4. Within the ambit of their tasks and powers, provincial-level People’s Committees have the following responsibilities:

a/ To formulate and promulgate Regulations on management, safeguarding and promotion of values of cultural heritage ​​in their localities according to their competence;

b/ To take full responsibility for management, safeguarding and promotion of values of cultural heritage ​​in their localities, for cultural heritage sites/elements that have been included in inventory lists, and cultural heritage sites/elements that are ranked, inscribed or recognized in national lists or UNESCO Lists in accordance with this Law, other relevant laws and the UNESCO’s regulations and guidelines;

c/ To promulgate Regulations on coordination in management, safeguarding and promotion of values of cultural heritage ​​with localities that share cultural heritage sites/elements ranked, inscribed or recognized in national lists or UNESCO Lists;

d/ To fulfill other responsibilities provided in this Law and other relevant laws.

Article 91. National Council for Cultural Heritage

1. The National Council for Cultural Heritage is an advisory body established by the Prime Minister, and has its own seal and account.

2. The Government shall provide the organization and operation of the National Council for Cultural Heritage.

Article 92. Specialized inspection of cultural heritage

1. The cultural heritage inspection agency shall be established at the central advisory agency assisting the state management of cultural heritage to carry out specialized inspection of cultural heritage, receive citizens, settle complaints and denunciations, and prevent and combat corruption and negative practices in the field of cultural heritage in accordance with law.

2. The Government shall detail this Article.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 93. To amend and supplement relevant laws

To add Point h below Point g, Clause 3, Article 49 of Law No. 50/2014/QH13 on Construction, which has a number of articles amended and supplemented under Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14 and Law No. 62/2020/QH14, as follows:

“h/ Investment projects on works on preservation, restoration and revitalization of historical-cultural relics and scenic spots”.

Article 94. Effect

1. This Law takes effect on July 1, 2025.

2. Law No. 28/2001/QH10 on Cultural Heritage, which has a number of articles amended and supplemented under Law No. 32/2009/QH12, ceases to be effective on the date this Law takes effect, except the case specified in Clause 1, Article 95 of this Law.

Article 95. Transitional provisions

1. Activities, master plans and projects in relic protection areas that have been appraised and approved by competent agencies before the effective date of this Law must comply with Law No. 28/2001/QH10 on Cultural Heritage, which has a number of articles amended and supplemented under Law No. 32/2009/QH12.

2. Intangible cultural heritage sites that have been included in the National List of Intangible Cultural Heritage under Law No. 28/2001/QH10 on Cultural Heritage, which has a number of articles amended and supplemented under Law No. 32/2009/QH12, shall be transferred to the National List of Intangible Cultural Heritage; the category “Spoken and written languages” and the category “Folk literature” shall be transferred to the category “Oral Expressions and Traditions” from the date this Law takes effect.

3. For persons honored with the People’s Artisan or Emeritus Artisan title with the category of “Spoken and written languages” or the category “Folk literature “, this category shall be transferred to the category “Oral Expressions and Traditions” from the date this Law takes effect.

This Law was passed on November 23, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN