Văn bản hợp nhất 10/VBHN-VPQH 2013 hợp nhất Luật di sản văn hóa

• Số hiệu: 10/VBHN-VPQH
• Loại văn bản: Văn bản hợp nhất
• Nơi ban hành: Văn phòng quốc hội
• Người ký: Nguyễn Hạnh Phúc
• Ngày ban hành: 23/07/2013

OFFICE OF THE NATIONAL ASSEMBLY -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness --------------
No. 10/VBHN-VPQH	Hanoi, July 23, 2013

LAW

CULTURAL HERITAGE

The Law on Cultural Heritage No. 28/2001/QH10 dated June 29, 2001 of the National Assembly, which comes into force from January 01, 2002, is amended by:

Law No. 32/2009/QH12 dated June 18, 2009 of the National Assembly on amendment to some Articles of the Law on Cultural Heritage, which comes into force from January 01, 2010.

The Vietnamese cultural heritage is a precious property of ethnic groups in Vietnam, constitutes part of the cultural heritage of mankind and plays a great role in national construction and defense of Vietnamese people.

In order to preserve and promote the cultural heritage value, meet increasing cultural demand of the people, contribute to building and development of the progressive Vietnamese culture deeply imbued with national identity and contribute to treasure of cultural heritage sites of the world;

In order to enhance effectiveness of state management and raise the people’s sense of responsibility for protection and promotion of the value of cultural heritage;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam; this Law elaborates cultural heritage[1].

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GENERAL PROVISIONS

Article 1.

Cultural heritage specified in this Law includes intangible cultural heritage and tangible cultural heritage, which are spiritual or material products that have historical, cultural or scientific value and are handed down from generation to generation in the Socialist Republic of Vietnam.

Article 2.

This Law elaborates protection and promotion of the value of cultural heritage; determines the rights and obligations of organizations and individuals to the cultural heritage in the Socialist Republic of Vietnam.

Article 3.

This Law applies to Vietnamese and foreign organizations and individuals, and overseas Vietnamese that operate in Vietnam. In case an international treaty of which Vietnam is a signatory or a participant contains provisions different from those of this Law, the provisions of such international treaty shall apply.

Article 4.

For the purposes of this Law, the terms below are construed as follows:

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2. ”Tangible cultural heritage” means a material product which has historical, cultural or scientific value, including historical-cultural monuments, scenic landscapes, relics, antiquities and national treasures.

3. ”Historical-cultural monuments” mean construction works and sites, and relics, antiquities and/or national treasures of such works and sites that have historical, cultural and/or scientific value.

4. ”Scenic landscape” means a natural scenery or place which has a combination of natural sceneries and architectures of historical, artistic and/or scientific value.

5. ”Relic” means an object that survives from the past and has historical, cultural and/or scientific value.

6. ”Antiquity” means an object that survives from the past, has typical value in terms of history, culture and/or science and is at least one hundred years old.

7. ”National treasure” means an object that survives from the past and has extremely precious, rare and typical value in terms of history, culture and/or science.

8. ”Replica of relic, antiquity or national treasure” means a product that is identical to the original in terms of shape, size, material, color, ornamentation and other features.

9. ”Collection” means a group of relics, antiquities and national treasures or intangible cultural heritage, which are gathered, preserved and arranged systematically according to common signs in terms of presentation, content and material to meet the demand for inquiry into natural and social history.

10. ”Archaeological exploration or excavation” means a scientific activity aimed at discovering, gathering and researching relics, antiquities, national treasures and archaeological sites.

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12. ”Conservation of a historical-cultural monument or scenic landscape” means an activity aimed at repairing, reinforcing and/or embellishing the historical-cultural monument.

13. ”Restoration of a historical-cultural monument or scenic landscape” means an activity aimed at reconstructing the historical-cultural monument or scenic landscape that was destroyed using scientific data about such historical-cultural monument or scenic landscape

14. [3] “Inventory of cultural heritage” means the identification, valuation and making of a list of cultural heritage sites.

15. [4] “Elements that constitute a monument” mean the elements which have historical, cultural, scientific or aesthetic value specific to a historical-cultural monument or scenic landscape.

16. [5] “Museum” means a cultural institution having the functions of collection, preservation, research, display and introduction of cultural heritage and physical evidences related to nature, humans and their living environment to meet public demands for research, study, sightseeing and cultural enjoyment."

Article 5.

The State shall unify management of state-owned cultural heritage[6]; recognize and protect collective ownership, community ownership, private ownership and other forms of ownership related to cultural heritage according to the provisions of law.

The ownership right and copyright on cultural heritage shall be defined under the provisions of this Law, the Civil Code and other relevant provisions of law.

Article 6.

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Article 7.

Cultural heritage sites discovered with unidentified owner and gathered in the process of archaeological exploration and/or excavation are state-owned cultural heritage sites.

Article 8.

1. All cultural heritage sites on Vietnamese territory, which have domestic or foreign origins and are under different forms of ownership, shall be protected and have their value promoted.

2. Vietnamese cultural heritage sites in foreign countries shall be protected under international practices and the provisions of the international treaties of which the Socialist Republic of Vietnam is a signatory or a participant.

Article 9.

1. The State shall adopt the policy of protection and promotion the value of cultural heritage in order to raise the people’s spiritual life, contribute to the socio-economic development of the country; encourage domestic and foreign organizations and individuals to contribute or provide financial supports to protection and promotion of the value of cultural heritage.

2. The State shall protect the lawful rights and interests of owners of cultural heritage sites. The owner of cultural heritage shall be responsible for protection and promotion the value of such cultural heritage.

3. The State shall invest in training and refresher training for officials, research into and application of sciences and technologies to the protection and promotion of the value of cultural heritage.

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State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed forces (hereinafter referred to as “organizations”) and individuals shall be responsible for protection and promotion of the value of cultural heritage.

Article 11.

The cultural and mass media agencies shall be responsible for wide dissemination of information about the value of cultural heritage of ethnic groups in Vietnam at home and abroad, thereby contributing to increase in awareness of protection and promotion of the value of cultural heritage among the people.

Article 12.

Vietnamese cultural heritage shall be used for the following purposes:

1. Promoting its value for the social benefits;

2. Promoting the fine traditions of the ethnic groups in Vietnam;

3. Contributing to creation of new cultural values, enriching the treasure of Vietnamese cultural heritage and expanding the international cultural exchange.

Article 13.

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1. [9] Appropriating or deviating historical-cultural monuments or scenic landscapes;

2. Destroying or posing a danger of destroying cultural heritage;

3. Conducting illegal excavations at archaeological sites; illegally constructing, encroaching upon the land within historical-cultural monuments or scenic landscapes;

4. [10] Illegally purchasing, selling, exchanging and transporting relics, antiquities and national treasures of historical-cultural monuments or scenic landscapes; purchasing, selling, exchanging and transporting relics, antiquities and national treasures that have illegal origins; illegally bringing relics, antiquities and national treasures overseas;

5. [11] Taking advantage of the protection and promotion of the value of cultural heritage to gain illegal benefits, carry out superstitious activities or commit other violations against law.

Chapter 2.

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS TO CULTURAL HERITAGE

Article 14.

An organization or individual shall have the following rights and obligations:

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2. Visit and study cultural heritage;

3. Respect, protect and promote the value of cultural heritage;

4. Promptly notify places where relics, antiquities and national treasures, historical-cultural monuments or scenic landscapes are discovered; and hand relics, antiquities and national treasures discovered by such organization or individual over to the nearest competent authorities;

5. Prevent or request the competent authorities to prevent or promptly handle acts of destruction, appropriation or illegal use of cultural heritage.

Article 15.

An organization or individual who is an owner of cultural heritage shall have the following rights and obligations:

1. Comply with regulations in Article 14 of this Law;

2. Adopt measures for protecting and promoting the value of cultural heritage; promptly report to the competent authorities in case cultural heritage is in danger of having its value falsified, being destroyed or lost;

3. Send collections of intangible cultural heritage, relics, antiquities and national treasures to the state museums or the competent authorities in case they lack conditions and capability to protect and promote the value thereof;

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5. Fulfill other obligations and rights as prescribed per the law.

Article 16.

An organization or individual who directly manages cultural heritage shall have the following rights and obligations:

1. Protect and preserve cultural heritage;

2. Adopt measures to promptly prevent or stop acts of infringing upon cultural heritage;

3. Promptly notify the owners or the nearest competent authorities when cultural heritage is lost or in danger of being destroyed;

4. Create favorable conditions for organizations and individuals to visit, travel to and study cultural heritage;

5. Fulfill other obligations and rights as prescribed per the law.

Chapter 3.

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Article 17. [12]

The State shall protect and promote the value of intangible cultural heritage through the following measures:

1. Study, collect, inventory and classify intangible cultural heritage;

2. Transmit, disseminate, publish, perform and revive intangible cultural heritage;

3. Encourage and create conditions for organizations and individuals to research, collect, store, transmit and introduce intangible cultural heritage;

4. Provide professional guidance on protection and promotion of the value of intangible cultural heritage at the request of the holder of intangible cultural heritage.

5. Finance the protection and promotion of the value of intangible cultural heritage and the prevention of the danger of deterioration and disappearance of intangible cultural heritage."

Article 18. [13]

1. The presidents of the People’s Committees of provinces (hereinafter referred to as “the presidents of the provincial-level People’s Committees”) shall organize the inventory of intangible cultural heritage in their provinces, select intangible cultural heritage and make scientific dossiers thereof to propose the Minister of Culture, Sports and Tourism to include such intangible cultural heritage in the national list of intangible cultural heritage.

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In case there are grounds to believe that intangible cultural heritage which has been included in the national list of intangible cultural heritage is ineligible for inclusion in this list, the Minister of Culture, Sports and Tourism shall decide to remove such heritage from the national list of intangible cultural heritage.

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

Article 19.

The Prime Minister shall consider and decide to propose the United Nations Educational, Scientific and Cultural Organization (UNESCO) to recognize Vietnam’s typical intangible cultural heritage as World Cultural Heritage, at the proposals of the Minister of Culture, Sports and Tourism [14].

Dossiers that have been submitted to the Prime Minister shall be evaluated in writing by the national council for cultural heritage.

Article 20.

The competent authorities shall adopt necessary measures to protect intangible cultural heritage, prevent the danger of falsification, deterioration and disappearance

Article 21. [15]

The State shall protect and develop spoken and written languages of ethnic groups through in Vietnam the following measures:

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2. Teach spoken and written languages of ethnic minority groups for officials and public employees as well as officers and soldiers of people's armed forces who are working in ethnic minority areas to meet their working requirements; teach spoken and written languages of ethnic minority groups for ethnic minority pupils in accordance with the Education Law; publish books and newspapers and perform radio, television and stage programs in ethnic minority languages;

3. Issue legal documents and organize activities related to dissemination of information to preserve the clarity and purity of the Vietnamese language and develop the Vietnamese language."

Article 22.

The State and the society shall protect and promote the fine customs and traditions in the nation’s life-style and way of life; abolish bad customs and practices harmful to the people’s cultural life.

Article 23.

The State shall adopt policies to encourage the collection, compilation, translation, statistics, classification and storage of literary, art and scientific works, oral literature, folk oratorio of the ethic groups in Vietnam for popularization at home and cultural exchange with foreign countries.

Article 24.

The State shall adopt policies to encourage maintenance, restoration and development of traditional handicrafts that have typical value; research into and application of knowledge about traditional medicine and pharmacy; maintenance and promotion of value in terms of gastronomy and traditional costumes and other folk knowledge.

Article 25. [16]

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1. Create favorable conditions for organization of festivals.

2. Encourage organization of traditional cultural and art-performance activities in association with festivals;

3. Selectively revive rites of traditional festivals;

4. Encourage guidance on and dissemination of information about the origin and contents of the typical and unique value of festivals at home and abroad."

Article 26. [17]

1. The State shall honor and adopt preferential policies for craftspeople who have outstanding talents, hold and have meritorious services to protection and promotion of the value of intangible cultural heritage, through the following measures:

a) Award or posthumously award medals or state honorary titles or apply other forms of honor;

b) Facilitate and finance creation, performance, display and introduction of products of craftspeople;

c) Provide monthly cost-of-living benefits and other preferential treatment to craftspeople who have been awarded state honorary titles but earn low incomes and meet with difficulties.

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Article 27.

Overseas Vietnamese, foreign organizations and individuals may conduct research into and collect intangible cultural heritage in Vietnam after obtaining written consents of the competent authorities.

Chapter 4.

PROTECTION AND PROMOTION OF VALUE OF TANGIBLE CULTURAL HERITAGE

SECTION 1. HISTORICAL-CULTURAL MONUMENTS AND SCENIC LANDSCAPES

Article 28.

1. [18]A historical-cultural monument shall fulfill one of the following criteria:

a) A construction work and/or place is associated with a typical national or local historical or cultural event;

b) A construction work or place is associated with the life and career of a national hero, personality or historical figure who has positive influence on the national or local development in different historical periods;

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d) An architectural or artistic work, architectural complex, overall urban architecture and place of residence has a typical value for one or several periods of the development of architecture or art."

2. A scenic landscape shall fulfill one of the following criteria:

a) A natural scenery or place exists a combination of natural scenery and architectural work with typical aesthetic value;

b) A natural zone has scientific value in terms of geology, topography, geography, biological diversity, typical ecological system or exists material traces of development stages of the earth.

Article 29. [19]

Historical-cultural monuments and scenic landscapes (hereinafter referred to as "monuments”) shall be ranked as follows:

1. Provincial-level monuments are monuments with typical local value, including:

a) Construction works or places that mark important local historical events or milestones, or in association with historical figures who have positive influence on the local development in different historical periods;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with local value;

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d) Natural sceneries or places with a combination of natural landscape and architectural or artistic works that have local value.

2. National - level monuments are monuments with typical national value, including:

a) Construction works or places that mark important national historical events or milestones, or in association with national heroes, personalities or famous political, cultural, artistic or scientific activists who have important influence on the nation's history;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with typical value in Vietnam's architectural and artistic development periods;

c) Archaeological sites with outstanding value that mark different development periods of archaeological culture;

d) Beautiful natural sceneries or places with a combination of natural sceneries and architectural or artistic works or natural zones with scientific value in terms of geology, geomorphology, geography, biodiversity or specific eco-system.

3. Special national - level monuments are monuments with specially typical national values, including:

a) Construction works and places in association with events that mark specially important developments of the nation's history or with national heroes or typical personalities who have great influence on the nation's history;

b) Architectural or artistic works, architectural complexes, overall urban architecture and places of residence with special value that mark Vietnam's different architectural and artistic development periods;

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d) Famous natural sceneries or places with a combination of national natural sceneries and architectural or artistic works with special national value, or Vietnam's and world's natural zones that are valuable in terms of geology, geomorphology, geography, biodiversity or famous specific eco-systems."

Article 30.

1. [20] Competence in decision on ranking of monuments is specified as follows:

a) The presidents of the provincial-level People’s Committees shall decide the ranking of provincial-level monuments and issue provincial-level monument-ranking certificates

b) The Minister of Culture, Sports and Tourism shall decide the ranking of national monuments and issue national monument-ranking certificates;

c) The Prime Minister shall decide the ranking of special national monuments and issue special national monument-ranking certificates; decide to propose the United Nations Educational, Scientific and Cultural Organization to consider and include Vietnam's typical monuments in the list of world heritage."

2. In case there are enough grounds to determine that a monument, which has already been ranked, is unqualified or irreparably destroyed, the person who is competent to decide the ranking of such monument may issue a decision on disregard of such monument’s ranking.

Article 31. [21]

Procedures for ranking monuments are prescribed as follows:

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2. The Minister of Culture, Sports and Tourism shall direct the compilation of scientific dossiers on special national monuments and submit them to the Prime Minister for decision on their ranking; scientific dossiers on Vietnam's typical monuments and submit them to the Prime Minister for decision to propose the United Nations Educational, Scientific and Cultural Organization to consider and include these monuments in the list of world heritage.

Dossiers that have been submitted to the Prime Minister must be evaluated in writing by the national council for cultural heritage.

Article 32. [22]

1. Protected zones include:

a) Protected zones I are zones with original conditions of monuments;

b) Protected zones II are zones surrounding or adjacent to protected zones I.

In case it is impossible to determine protected zones II, the determination of protected zones I shall be decided by the president of the provincial-level People's Committee with regard to provincial-level monuments; by the Minister of Culture, Sports and Tourism with regard to national monuments; or by the Prime Minister with regard to special national monuments.

2. Protected zones specified in Clause 1 of this Article shall be delineated by competent authorities on cadastral maps and in protection zoning records of monument dossiers, and have boundary markers planted on field.

3. Protected zones I shall have their original ground and space protected. In case, it is required to construct works that directly serve protection and promotion of the value of monuments, such construction shall be approved in writing by persons who are competent to rank those monuments.

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The construction of works specified in this Clause shall not affect original conditions of monuments, natural sceneries or eco-environment of monuments."

Article 33.

1. Organizations and individuals who are monument owners or are assigned to manage and use monuments shall be responsible for protection of such monuments. In case, they detect that a monument is encroached upon, destroyed or in danger of being destroyed, they shall promptly adopt preventive measures and report to their immediate superior agency, the local People’s Committees or the nearest competent authorities that have control over culture, sport and tourism [23].

2. The local People’s Committees or the competent authorities that have control over culture, sports and tourism shall promptly adopt preventive and/or protective measures and immediately report to their immediate superior agencies when receiving reports on monuments that are being destroyed or in danger of being destroyed.

3. When receiving reports on monuments that are being destroyed or in danger of being destroyed, the Ministry of Culture, Sports and Tourism shall promptly direct and instruct the local competent authorities and/or owners of such monuments to immediately adopt preventive and/or protective measures; and report to the Prime Minister with regard to special national monuments.

4. [26] Construction works, places, natural sceneries or natural zones which satisfy the criteria specified in Article 28 of this Law and have been included in local lists of inventoried monuments shall be protected under this Law.

At least once every 5 years, the provincial-level People's Committees shall review and decide to remove construction works, places, natural sceneries or natural zones that are ineligible for ranking as monuments from local lists of inventoried monuments.

Article 34. [27]

1. Preservation, conservation and restoration of monuments shall meet the following requirements:

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b) Make plans and projects and submit them to competent authorities for approval, except for minor repair that does not affect original conditions of monuments. The preservation, conservation and restoration of monuments shall be approved in writing by provincial-level competent agencies that have control over culture, sports and tourism, with regard to provincial-level monuments; or by the Minister of Culture, Sports and Tourism, with regard to national monuments and special national monuments;

c) Publicize approved plans and projects in local areas where monuments exist.

2. Organizations or individuals that have control over plans or projects or construction or supervision of construc­tion of projects on preservation, conservation and restoration of monuments shall possess practice eligibility certificates with regard to organizations, or practice certificates with regard to individuals.

3. The Government shall specify competence, procedures for making and approval for plans and projects on preservation, conservation and restoration of monuments.

The Minister of Culture, Sports and Tourism shall issue a regulation on preservation, conservation and restoration of monuments and a regulation on issuance of practice eligibility certificates or practice certificates to entities specified in Clause 2 of this Article."

Article 35. [28]. (This Article is annulled)

Article 36.

1. If projects on renovation or construction of works outside protected zones specified in Article 32 of this Law are deemed likely to adversely affect the natural scenery and ecological environment of monuments when such projects are approved, it is required to have written appraisal opinions of competent authorities that have control over culture, sports and tourism[29].

2. In case investors of projects on renovation or construction of works specified in Clause 1 of this Article make requests, the competent authorities that have control over culture, sports and tourism [30] shall provide relevant documents and make detailed proposals for protection of monuments so that such investors can select appropriate solutions to assurance about the protection and promotion of the value of monuments.

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Article 37. [32]

1. The Presidents of the provincial-level People's Committees shall make archaeological plannings in their provinces, approve and publicize these plannings after obtaining written consent of the Minister of Culture, Sports and Tourism.

2. Investors of projects on renovation or construction of works in places under archaeological planning shall cooperate with and create conditions for competent authorities that have control over culture, sports and tourism to conduct archaeological exploration and/or excavation before these projects are carried out and supervise renovation and construction of these works.

3. In the process of renovation or construction of works, monuments, relics, antiquities or national treasures are found potentially available or are discovered, the project owners shall suspend construction and promptly notify competent authorities that have control over culture, sports and tourism.

When receiving notification from project owners, competent authorities that have control over culture, sports and tourism shall promptly adopt handling measures to ensure construction progress. In case it is necessary to terminate construction of works in those places in order to protect monuments, competent authorities that have control over culture, sports and tourism shall report to competent superior authorities for decision.

4. In case it is necessary to conduct archaeological exploration and/or excavation in places where works are renovated or constructed, funding for archaeological exploration and/or excavation is specified as follows:

a) With regard to a work renovated or constructed with state capital, the funding shall be included in the total investment capital of such work;

b) With regard to a work renovated or constructed without state capital, the funding shall be covered by state capital;

The Minister of Finance shall take charge and cooperate with the Minister of Culture, Sports and Tourism in provision of guidance on procedures and funding for exploration and excavation in the cases specified in this Clause."

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1. Archaeological exploration and/or excavation shall be conducted only after obtainment of permits from the Minister of Culture, Sports and Tourism.

2. In case an archaeological site is being destroyed or in danger of being destroyed, the president of the provincial-level People's Committee shall issue an emergency excavation permit and immediately report to the Ministry of Culture, Sports and Tourism. The president of the provincial-level People's Committee shall issue an emergency excavation permit within 03 days from the date of receipt of written request. In case of refusal, he/she shall state reasons in writing.

Article 39.

1. An organization with archaeological study function which wishes to carry out archaeological exploration and/or excavation shall send an application for archaeological exploration and/or excavation to the Ministry of Culture, Sports and Tourism [34].

2. The Minister of Culture, Sports and Tourism [35] shall issue archaeological exploration and/or excavation permits within 30 days after receiving such application. In case of refusal, the reasons therefor shall be clearly explained in writing.

3. The Minister of Culture, Sports and Tourism shall issue a regulation on archaeological exploration and/or excavation.

Article 40.

1. A person who takes charge of archaeological exploration and/or excavation shall satisfy the following conditions:

a) Having the bachelor degree in archaeology or bachelor degree in other specialties related to archaeology;

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c) Being recommended in writing to the Ministry of Culture, Sports and Tourism by an organization which applies for archaeological exploration and excavation[37].

In case it is necessary to change such person, it is required to have the written approval by the Minister of Culture, Sports and Tourism[38].

2. Vietnamese organizations with archaeological study functions may cooperate with foreign organizations and individuals in archaeological exploration and/or excavation in Vietnam according to the provisions of law.

SECTION 2. RELICS, ANTIQUITIES AND NATIONAL TREASURES

Article 41. [39]

1. All relics and antiquities gathered in the process of archaeological exploration and excavation, or discovered and handed over by organizations and individuals shall be temporarily deposited in museums of the provinces where such relics and antiquities are discovered. The provincial-level museums shall receive and manage them and make reports to the Ministry of Culture, Sports and Tourism.

2. According to value and requirements for preservation of relics and antiquities specified in Clause 1 of this Article, the Minister of Culture, Sports and Tourism shall decide to hand over such relics and antiquities to state museums with appropriate functions to protect and promote their value.

3. Organizations and individuals that discover and hand over relics and antiquities shall be reimbursed for discovery and preservation expenses and rewarded with a sum of money according to the provisions of law.

Article 41a. [40]

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a) Being a unique original object;

b) Being an object with a special form;

c) Being an object with special value related to a great national event or career of a national hero or a typical personality; or being a famous artistic work of ideological, humane or aesthetic value that is typical of a trend, style or era; or being a typical invented or created product with high practical value and effect of promotion of social development in a certain historical period; or being a natural specimen that proves different formation and development periods of the history of Earth and natural history.

2. National treasures shall be registered with competent authorities that have control over culture, sports and tourism. Owners of national treasures that have been registered shall have the rights defined in Clause 3, Article 42 of this Law When transferring the ownership of national treasures, their owners shall notify competent authorities that have control over culture, sports and tourism of new owners of these national treasures within 15 days after the transfer.

3. A national treasure shall be protected and preserved under a special regime.

4. The State shall efficiently allocate budget to purchase of national treasures.

5. The Prime Minister shall decide to recognize national treasures after obtaining evaluation opinions of the national council for cultural heritage.

6. The Minister of Culture, Sports and Tourism shall specify the procedures for recognition for national treasures."

Article 42. [41]

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2. Relics and antiquities shall be examined at antiquity examination establishments before registration Antiquity examination establishments shall be responsible to law for their examination results.

3. Owners of registered relics and antiquities shall have the following rights:

a) Be issued with relic and antiquity registration certificates by competent authorities that have control over culture, sports and tourism; have information on registered relics and antiquities kept confidential at their request;

b) Be provided with professional guidance on, and created conditions for protection and promotion of the value of relics and antiquities, by competent authorities that have control over culture, sports and tourism.

4. The Minister of Culture, Sports and Tourism shall specify procedures for registration of relics and antiquities, and conditions for establishment and operation of antiquity examination establishments."

Article 43.

1. Relics, antiquities and national treasures under the ownership of the State, political organizations or socio-political organizations shall be managed in museums, and not be sold, purchased, donated and presented as gifts. Relics and antiquities under other ownership forms may be purchased, sold, exchanged, donated or bequeathed as inheritance at home and abroad according to the provisions of law. National treasures under other ownership forms may only be purchased, sold, exchanged, donated and bequeathed as inheritance in the country according to the provisions of law.

Bringing relics and antiquities overseas shall be permitted by the competent authorities that have control over culture, sports and tourism[43] .

2. The relics, antiquities and national treasures shall be purchased and sold at agreed prices or in auctions. The State shall be given priority to purchase relics, antiquities and national treasures.

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Bringing relics, antiquities and national treasures overseas for display, exhibition, research or preservation shall satisfy the following conditions:

1. Having insurance from recipients of relics, antiquities and national treasures;

2. Having the decision of the Prime Minister on permission to bring national treasures overseas; or the decision of the Minister of Culture, Sports and Tourism [44] on permission to bring relics and antiquities overseas.

Article 45.

The competent authorities shall report to the Ministry of Culture, Sports and Tourism [45] on relics, antiquities and national treasures confiscated from the illegal search, purchase, sale, transportation, export and import so that the Minister of Culture, Sports and Tourism [46] decides to hand over such relics, antiquities and national treasures to agencies with appropriate functions.

Article 46.

Replicas of relics, antiquities and national treasures shall satisfy the following conditions:

1. Having clear purposes.

2. Having the originals for comparison.

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4. Obtaining consents of owners of relics, antiquities and national treasures.

5. Obtaining permits from competent authorities that have control over culture, sports and tourism.

SECTION 3. MUSEUMS

Article 47. [48]

1. Museums include state museums and private museums.

2. State museums include:

a) National museums;

b) Specialized museums of ministries and central authorities, political organizations and socio-political organizations;

c) Specialized museums of units attached to ministries and central authorities, political organizations and socio-political organizations;

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3. The Minister of Culture, Sports and Tourism shall issue a regulation on organization and operation of museums.

Article 48. [49]

A museum shall have the following tasks::

1. Collect, inventory, preserve and display collections of exhibits;

2. Conduct scientific research for protection and promotion of the value of cultural heritage;

3. Organize the promotion of the value of cultural heritage in service of society;

4. Build, train and retrain its human resources;

5. Manage its facilities and technical equipment;

6. Enlist international cooperation in accordance with law;

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8. Perform other tasks as prescribed per the law.

Article 49.

Conditions for establishment of a museum include:

1. Having collection(s) of one or several themes;

2. Having a display area, storage and preservation equipment;

3. Having personnel who acquire professional knowledge and techniques for museological activities.

Article 50. [50]

1. Competence in decision on establishment of museums is specified as follows:

a) The Prime Minister shall decide establishment of national museums and specialized museums of ministries and central authorities, political organizations and socio­-political organizations at the proposal of ministers or heads of central authorities, political organizations or socio-political organizations;

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c) The president of the provincial-level People’s Committee shall decide establishment of provincial-level museums at the proposal of competent local authorities that have control over culture, sports and tourism; and issue operation permits to private museums at the proposal of museum-establishing organizations and individuals.

2. Procedures for establishment and issuance of operation permits of museums are specified as follows:

a) An organization or individual that wishes to establish, or apply for an operation permit of a museum shall send an application to competent persons defined in Clause 1 of this Article.

The application includes a written request for establishment or operation permit of a museum and a written certification of the Ministry of Culture, Sports and Tourism of full satisfaction of conditions specified in Article 49 of this Law with regard to a national museum and specialized museum: or a written certification of the provincial-level competent authority that has control over culture, sports and tourism of full satisfaction of conditions specified in Article 49 of this Law with regard to a provincial-level museum or private museum;

b) Within 30 days after receiving such application, a person competent to decide establishment of, or issuance of an operation permit of a museum shall examine the application and make decision; in case of refusal, he/she shall state the reason therefor in writing."

Article 51.

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

a) Quantity and value of collections;

b) Quality of preservation and display of collections;

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d) Standardization level of officials.

2. According to the extent of satisfaction of the conditions prescribed in Clause 1 of this Article, the Government shall specify the ranking of museums.

Article 52.

Cultural heritage available in tradition houses and memorial houses shall be protected and have its value promoted under the provisions of this Law.

Article 53.

The State shall encourage owners to organize the wide display and/or introduction of their collections, relics, antiquities and national treasures.

When necessary, the competent authorities that have control over culture, sports and tourism [51] shall reach agreements with owners on use of their relics, antiquities and national treasures to serve the study or display at state museums.

Conditions for, contents and duration of the use of relics, antiquities and national treasures shall be agreed upon in writing by the competent authorities and their owners.

Chapter 5.

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SECTION 1. CONTENTS OF STATE MANAGEMENT OVER CULTURAL HERITAGE AND REGULATORY AGENCIES IN CULTURAL HERITAGE

Article 54.

Contents of state management over cultural heritage include:

1. Developing strategies, planning, plans and policies for development of protection and promotion of the value of cultural heritage and directing the implementation thereof.

2. Issuing and organizing implementation of legal documents on cultural heritage.

3. Organizing and directing protection and promotion of the value of cultural heritage; disseminating information about and educating the law on cultural heritage;

4. Organizing and managing scientific research; providing training and refresher training for officials in charge of cultural heritage;

5. Mobilizing, managing and using resources to protect and promote the value of cultural heritage.

6. Organizing and directing commendation for protection and promotion of the value of cultural heritage;

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8. Inspecting and examining observance of the law, settlement of complaints and denunciations and handling of violations against the law on cultural heritage.

Article 55.

1. The Government shall unify state management over cultural heritage.

2. The Ministry of Culture, Sports and Tourism [52] shall be responsible to the Government for state management over cultural heritage.

3. The ministries, ministerial-level agencies, Governmental agencies shall be responsible for state management over cultural heritage under assignment of the Government.

The Government shall elaborate the responsibilities of the ministries, ministerial-level agencies and Governmental agencies for cooperation with the Ministry of Culture, Sports and Tourism in unification of state management over cultural heritage.

4. The People’s Committees of all levels shall, within the scope of their tasks and powers, exercise state management over cultural heritage in their local areas under assignment of the Government.

Article 56.

The national council for cultural heritage is an advisory council of the Prime Minister for cultural heritage.

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SECTION 2. RESOURCES FOR PROTECTION AND PROMOTION OF THE VALUE OF CULTURAL HERITAGE

Article 57.

The State shall encourage and create favorable conditions for associations of literature and arts, science and technology to take part in protection and promotion of the value of cultural heritage.

The State shall encourage private sector involvement in protection and promotion of the value of cultural heritage.

Article 58.

Financial sources for protection and promotion of the value of tangible cultural heritage include:

1. State budget.

2. Revenues from use and promotion of the value of cultural heritage.

3. Financial assistance and contributions from domestic and foreign organizations and individuals.

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The State shall prioritize the State budget’s investment in protection and promotion of the typical value of special national monuments, national museums, national treasures, historical revolutionary monuments and intangible cultural heritage.

Article 60.

Organizations and individuals that are owners of monuments, collections and/or museums or are assigned to manage and use them shall be entitled to collect visiting fee and charge for use of such monuments, collections and museums according to the provisions of law.

Article 61.

1. The State shall encourage organizations and individuals to contribute or provide financial assistance for protection and promotion of the value of cultural heritage.

2. The contribution and financial assistance for protection and promotion of the value of cultural heritage shall be considered and acknowledged in appropriate forms.

Article 62.

Financial sources for protection and promotion of the value of cultural heritage shall be managed and used for the right purposes, in an effective manner.

SECTION 3. INTERNATIONAL COOPERATION IN CULTURAL HERITAGE

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The State shall adopt policies and measures for improving cooperative relationship with foreign countries, organizations and individuals in the protection and promotion of the value of cultural heritage on the basis of respect for each other’s independence, national sovereignty, equality and mutual benefit, in accordance with the provisions of Vietnamese laws and international treaties of which the Socialist Republic of Vietnam is a signatory or a participant, thereby contributing to promotion of the value of the world cultural heritage, and friendship cooperation and mutual understanding among nations.

Article 64.

The State shall encourage overseas Vietnamese and foreign organizations and individuals to take part in protection and promotion of the value of the Vietnamese cultural heritage according to the provisions of law.

Article 65.

Contents of international cooperation in cultural heritage include:

1. Developing and carrying out projects and programs on international cooperation in the protection and promotion of the value of cultural heritage;

2. Taking part in international organizations and treaties on the protection and promotion of the value of cultural heritage;

3. Conducting scientific research, applying scientific advances and transferring modern technologies to preservation and conservation of monuments, construction of museums and archaeological excavation;

4. Exchanging exhibitions of cultural heritage;

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6. Providing training and refresher training, exchanging information and experience in the protection and promotion of the value of cultural heritage.

SECTION 4. INSPECTION AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS OF CULTURAL HERITAGE

Article 66.

The state inspectorate in charge of culture, sports and tourism, which conducts specialized inspection of cultural heritage, shall have the following tasks:

1. Inspect the observance of the law on cultural heritage;

2. Inspect the implementation of plans and planning on the protection and promotion of the value of cultural heritage.

3. Detect, prevent and handle violations against law on cultural heritage under its competence

4. Receive and propose the settlement of complaints and denunciations of cultural heritage;

5. Propose measures to ensure the enforcement of the law on cultural heritage.

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An inspected entity shall have the following rights and obligations:

1. Request inspectorate to present inspection decisions, inspectors to present their inspection cards and strictly comply with the law on inspection;

2. Lodge complaints, denunciations or institution of legal proceedings to competent authorities about inspection decisions, acts of inspectors or inspection conclusions when they have grounds to believe that such decisions, acts or conclusions are contrary to law;

3. Claim compensations for damage caused by handling measures adopted by inspectorate or inspectors that are contrary to law;

4. Satisfy the requests of inspectorate and inspectors, create conditions for inspectors to perform their tasks; abide by handling decisions of inspectorate and inspectors according to provisions of law.

Article 68.

1. Organizations and individuals shall be entitled to lodge complaints or institution of legal proceedings in administrative decisions or administrative acts of agencies, organizations and/or individuals competent to enforce the law on cultural heritage.

2. Individuals shall be entitled to denounce violations against the law on cultural heritage to competent agencies, organizations and/or individuals.

3. The competence and procedures for settlement of complaints, denunciations and institution of legal proceedings shall comply with the provisions of law.

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COMMENDATION AND HANDLING OF VIOLATIONS

Article 69.

Organizations and individuals with achievements in the protection and promotion of the value of cultural heritage shall be commended according to the provisions of law.

Article 70.

Those who discover cultural heritage but fail to voluntarily report or deliberately appropriate or commit acts of damage or destruction of such cultural heritage shall, according o the nature and seriousness of their violations, shall incur administrative penalties or face criminal charges. In case the damage is caused, they shall make compensations therefor according to the provisions of law and such cultural heritage shall be recovered by the State.

Article 71.

Those who commit violations against the provisions of the law on cultural heritage shall, according to the nature and seriousness of their violations, incur administrative penalties or face criminal charges. In case the damage is caused, they shall make compensations therefor according to the provisions of law.

Article 72.

Those who abuse their positions or powers to commit violations against the provisions of the law on cultural heritage shall, according to the nature and seriousness of their violations, incur administrative penalties or face criminal charges. In case the damage is caused, they shall make compensations therefor according to the provisions of law.

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IMPLEMENTATION [55]

Article 73.

This Law comes into force as of January, 01 2002.

The previous regulations which are contrary to this Law shall be annulled.

Article 74.

The Government shall elaborate and guide the implementation of this Law./.

CERTIFICATION OF CONSOLIDATED DOCUMENTS
CHAIRMAN OF NATIONAL ASSEMBLY’S OFFICE




Nguyen Hanh Phuc

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[1] Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage has the following grounds for promulgation:

“Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended by Resolution No. 51/2001/QH10;

The National Assembly promulgates Law on amendments to some Articles of Law on Cultural Heritage, No. 28/2001/QH10.” 

[2] This Clause is amended by Clause 1 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[3] This Clause is supplemented by Clause 2 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[4] This Clause is supplemented by Clause 2 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[5] This Clause is supplemented by Clause 2 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[6] The phrase “sở hữu toàn dân” (the ownership of the entire population) is replaced by the phrase “sở hữu nhà nước” (state-owned cultural heritage) according to regulations in Clause 3, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010

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[8] The phrase “sở hữu toàn dân” (the ownership of the entire population) is replaced by the phrase “sở hữu nhà nước” (state-owned cultural heritage) according to regulations in Clause 3, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[9] This Clause is amended by Clause 3 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[10] This Clause is amended by Clause 3 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[11] This Clause is amended by Clause 3 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[12] This Article is amended by Clause 4 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[13] This Article is amended by Clause 5 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[14] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[15] This Article is amended by Clause 6 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[16] This Article is amended by Clause 7 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

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[18] This Clause is amended by Clause 9 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[19] This Article is amended by Clause 10 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[20] This Clause is amended by Clause 11 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[21] This Article is amended by Clause 12 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[22] This Article is amended by Clause 12 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[23] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[24] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[25] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[26] This Clause is supplemented by Clause 14 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

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[28] This Article is annulled according to Clause 16 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[29] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[30] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[31] This Clause is supplemented by Clause 17 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[32] This Article is amended by Clause 18 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[33] This Article is amended by Clause 19 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[34] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[35] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[36] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

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[38] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[39] This Article is amended by Clause 20 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[40] This Article is supplemented by Clause 21 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[41] This Article is amended by Clause 22 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[42] The phrase “sở hữu toàn dân” (the ownership of the entire population) is replaced by the phrase “sở hữu nhà nước” (state-owned cultural heritage) according to regulations in Clause 3, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[43] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[44] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[45] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[46] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

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[48] This Article is amended by Clause 23 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[49] This Article is amended by Clause 24 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[50] This Article is amended by Clause 25 Article 1 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[51] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[52] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[53] The phrase “Bộ Văn hóa – Thông tin” (Ministry of Culture and Information) is replaced by the phrase “Bộ Văn hóa, Thể thao và Du lịch” (Ministry of Culture, Sports and Tourism) according to regulations in Clause 1, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

[54] The phrase “văn hóa – thông tin” (culture and information) is replaced by the phrase “văn hóa, thể thao và du lịch” (culture, sports and tourism) according to regulations in Clause 2, Article 2 of Law No. 32/2009/QH12 on amendments to some Articles of Law on Cultural Heritage, which comes into effect on January 01, 2010.

Article 4 of Law No. 32/2009/QH12 on amendments to some Articles of the Law on Cultural Heritage, which comes into force from January 01, 2010 is specified as follows:

“Article 4.

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2. The Government shall elaborate and guide Articles, Clauses assigned in Law; guide other necessary contents of this Law to meet requirements for state management.”