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THE
MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/2000/QD-BVHTT
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Hanoi,
March 29, 2000
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DECISION
PROMULGATING THE REGULATION ON MANAGEMENT OF THE CONSTRUCTION
OF GRANDIOSE FRESCO-STATUE MONUMENTS (FINE ART SECTION)
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the Government’s Decree No.81/CP of November 8,
1993 defining the functions, tasks, powers and organizational apparatus of the Ministry
of Culture and Information;
Pursuant to the copyright section of the Civil Code of the Socialist Republic
of Vietnam;
Pursuant to the Government’s
Decree No.91/CP of August 17, 1994 promulgating the Regulation on management of
urban planning;
Pursuant to the Construction Ministry’s
Dispatch No.290/BXD-PC of March 3, 2000 agreeing on the promulgation of the
Regulation on Management of the Construction of Grandiose Fresco-Statues
Monuments (Fine art section);
At the proposal of the director of the Fine Arts Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation
on Management of the Construction of Grandiose Fresco-Statues Monuments (fine
art section).
- This Regulation shall apply to
the management of the fine art construction of grandiose presco-statues,
including the creation of sketch model, representation, materials conversion,
layout and erection of statues, frescoes, bas reliefs.
- The capital construction
included in the total project "Statue-Fresco" shall not be governed
by this Regulation.
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Article 3.-
The director of the Ministry’s
Office, the heads of functional Departments of the Ministry, the directors of
the provincial/municipal Culture and Information Services shall coordinate with
the Construction Services of the provinces and centrally-run cities in
disseminating this Regulation to various branches and levels and guiding them
to implement it.
FOR THE MINISTER
OF CULTURE AND INFORMATION
VICE MINISTER
Nguyen Trung Kien
REGULATION
ON MANAGEMENT OF THE CONSTRUCTION OF GRANDIOSE FRESCO-STATUE
MONUMENTS (FINE ART SECTION)
(Promulgated
together with Decision No.05/2000/QD-VHTT of March 29, 2000 of the Minister of
Culture and Information)
Chapter I
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Article 1.-
Conception of grandiose fresco-statue monument
a/ Grandiose fresco-statue
monument is a cultural and art works depicting the ideology and spirit of the
time, bearing the contemporary social characters, represented in sustainable
materials, which is a component of the urban architectural space and natural
landscape, with grandiose scale and artistic forms and impact on social
perception.
b/ For statue and bas relief,
grandiose frescoes (in various materials), when represented in clay, the
process is called to knead; represented in rock materials, it is called to
sculpture, represented in metals, cement or plaster, it is called to cast;
represented in thin metal sheets, it is called to hammer…,
hereinafter referred collectively to as building the grandiose fresco-statue
monument (regarding the fine arts).
c/ Creation of sketch model of
grandiose fresco-statue monument is called for short sketch creation.
d/ Pursuant to the fine art
particularities, to organize sketch competition in order to select model of the
grandiose fresco-statue monument, thereby determining the project’s author and applying the Civil
Code’s provisions on
copyright in the process of fine art presentation of the grandiose
fresco-statue monument.
Article 2.-
Scope and objects of application of the Regulation.
The expression contents of the
grandiose fresco-statue monument (regarding the fine arts) includes: statues
(representation bloc), monument, paintings and bas relief.
a/ This Regulation applies to
the management of the fine art representation of new grandiose fresco-statue
monuments or the renovation, embellishment, repair or replacement of old
grandiose fresco-statue monuments, including symbols and fine art section
affixed to war dead monuments, construction works; statues in premises or
gardens with contents of religious ideology or beliefs, which affect the
landscapes, environment, culture and society.
b/ The architectural components
of the overall project on grandiose fresco-statue monument such as yard,
gardens, green trees, grass lawn, lighting, lightning-arrester, water supply
and drainage systems... shall be managed, invested in and constructed according
to the procedures prescribed in Decree No.52/1999/ND-CP of July 8, 1999 of the
Government.
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d/ The representation of
statues, monuments and grandiose frescoes must meet the artistic and technical
quality requirements.
e/ To strictly forbid the
building of grandiose fresco-statue monument projects with ideological contents
contrary to the cultural, literary and artistic policies of the Party, the
State laws and the fine customs and practices of the nation.
Article 3.-
Subjects entitled to be granted permits for renovation,
embellishment, repair or replacement of grandiose fresco-statue monuments
a/ Subjects:
The State bodies, social and
mass organizations, armed forces units, Vietnamese citizens, overseas
Vietnamese and foreign nationals may build and shall have to manage, renovate,
repair or replace statue- grandiose fresco monument projects in strict
accordance with the planning approved by the competent authorities and current
legal documents.
b/ Capital sources:
- For the grandiose
fresco-statue monuments which use the State budget capital: The State manages
the planning budget, representation process and artistic quality.
- For the grandiose
fresco-statue monuments which do not use the State budget capital: The State
shall manage the overall planning, the representation process and the artistic
quality of the project, based on the level of expenses prescribed by this
Regulation to reach agreement on implementation.
Article 4.-
Forms of organizing the management of the implementation
of investment projects for construction of grandiose fresco-statue monuments.
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a/ The investor shall directly
manage the project implementation and act as the executive manager of the
project (according to Decree No. 52/1999/ND-CP of July 8, 1999 of the
Government, promulgating the Investment and Construction Management
Regulation).
b/ Sketch transfer: Transfer
part or whole of the works.
Due to the particular features
of the fine art sector, the project management expense shall be the expense for
activities of the project management board to manage the fine art activities,
including seminars, sketch exhibition, comment gathering... The maximum expense
level shall not exceed the following prescribed levels:
Ordinal number
1
2
3
4
5
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< 1 billion VND
> 1 to 2 billion VND
> 2 to 3 billion VND
> 3 to 4 billion VND
> 4 to 5 billion VND
Prescribed expense level
2%
1.8%
1.6%
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1.2%
Ordinal number
6
7
8
9
10
Approved pre-tax fine art cost
estimate (z)
> 5 to 6 billion VND
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> 7 to 8 billion VND
> 8 to 9 billion VND
> 9 to 10 billion VND
Prescribed expense level
1%
0.8%
0.6%
0.5%
0.46%
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Article 5.-
The Culture and Information Ministry’s functions and powers in the
management of investment in and construction of the grandiose fresco-statue
monuments.
a/ To guide and inspect the
observance of the Regulation on management of the fine art construction of the
grandiose fresco-statue monuments.
b/ To cancel the results of
marking and selection of sketch if the organization of sketch creation
competition by the investor or the marking and selection by the Art Council
fail to comply with the provisions of this Regulation.
c/ To suspend the fine art
representation or revoke the representation permit when the sketch quality or
representation quality fails to meet the requirements on contents and art
forms.
d/ To decide the repair,
renovation, upgrading of materials conversion or cancel statuary monuments
and/or grandiose frescos which fail to meet the art requirements.
e/ To commend or propose
commendation for projects of high artistic value. To handle breaches of
contracts for sketch creation and fine art representation of the statuary
monument, grandiose fresco projects.
f/ To evaluate the fine arts
cost estimate of the project; to evaluate together with the Art Council the art
quality.
g/ To grant permit for fine art
representation of the grandiose fresco-statue monument.
Chapter II
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Article 6.-
Criteria, functions, tasks and powers of authors of
grandiose fresco-statue monuments
a/ Authors’ criteria:
- Authors of grandiose
fresco-statue monuments are individuals or groups of professionals
(co-authors).
- Only those authors who fully
meet the following two criteria as required by a number of projects shall be
invited by names (appointed) to create sketches:
+ Having the university or
higher degree in sculpture.
+ Having been the authors of at
least two grandiose fresco-statue monument projects of the provincial,
municipal or central level, which have already been constructed with high
quality, with certification by the Ministry of Culture and Information.
- For projects of the
provincial, municipal, central, ministerial, branch or State level, authors who
fail to satisfy the two above-mentioned criteria shall have to take up
competition for sketch selection before they are selected for representation.
Authors having no university
degree in sculpture, when representing their works, must cooperate with persons
who have university degrees in sculpture and experiences in representing the
grandiose fresco-statue monuments.
b/ Tasks:
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+ To create sketch models of
grandiose fresco-statue monument, step two.
+ According to the Civil Code’s provisions on copyright and
the fine art particularities, the representation of grandiose fresco-statue
monument is a process of constant creation of artistic intentions, from the
sketch creation, the 1/1 scale enlargement, to the material conversion and
layout by authors. Therefore, the work of fine art representation of the
grandiose fresco-statue monument shall be entitled to the application of the
form of appointed representation (including materials, exclusively typical
single tools of the fine art sector).
c/ Powers:
+ The authors may select
painters and sculptors, who are capable and have suitable creation style, to
join them in the work of representation.
+ The authors may authorize
other persons to make representation or direct the representation of their
sketches. In such case, the authors may join the Council for test upon
completion and acceptance and their opinions are considered important.
+ Those authors who personally
make the representation shall be provided with the presentation expense
according to the approved fine art cost estimates.
+ Those authors who direct the
art creation in representation shall be provided with a fund at least equal to
3% of the approved pre-tax fine art cost estimate, and such expense shall be
paid by the representation units.
+ The grandiose fresco-statue
monuments must have the authors’
names inscribed at proper places thereon.
+ The authors shall be entitled
to the regime of royalties and allowances for their used works and other
provisions on copyright prescribed by law.
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a/ The sketch creation expense
shall be calculated in percentage (%) of the approved pre-tax fine art cost
estimate, but shall not exceed the following levels:
Ordinal number
1
2
3
4
5
Approved pre-tax fine art cost
estimate (z)
<1 billion VND
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>2
to 3 billion VND
>3
to 4 billion VND
>4
to 5 billion VND
Prescribed expense level
10%
8.5%
7.3%
6.8%
6.2%
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6
7
8
9
10
Approved pre-tax fine art cost
estimate (z)
>5
to 6 billion VND
>6
to 7 billion VND
>7
to 8 billion VND
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>9
to 10 billion VND
Prescribed expense level
5.9%
5.6%
5.3%
5%
4.7%
If the approved pre-tax fine art
cost estimate exceeds 10 billion dong, the sketch creation expense shall be
calculated as being equal to 4.7% plus 10 million dong for every subsequent
billion.
2. For a grandiose fresco-statue
monument with the change of materials or duplication twice or more, the 1/1
scale sketch creation expense rate shall be calculated as being equal to 30% of
the sketch creation expense according to the value of the new works.
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ART COUNCILS FOR
GRANDIOSE FRESCO-STATUE MONUMENTS
Article 8.-
Functions and tasks of the Art Councils for grandiose
fresco-statue monuments
a/ The composition of an Art
Council for grandiose fresco-statue monuments:
The grandiose fresco-statue
monument Art Council of the central level, set up by decision of the Culture
and Information Minister, is composed of administrators, sculptors, painters,
architects, who have prestige and high professional and moral qualities (at
least 2/3 of the Art Council members are painters or sculptors with university
or higher degree, who have been trained through full-time courses).
The grandiose fresco-statue
monument Art Council is set up and operates immediately after the sketch model,
step 1, is completed.
b/ The powers of the grandiose
fresco-statue monument Art Council
Before a grandiose fresco-statue
monument is represented, the sketch (overall plan on spatial ground design)
must be approved through voting by the Art Council. The Council’s conclusions constitute an
important art basis for the persons competent to decide the investment to
approve the technical designs and the total cost estimate of the construction
investment project. If such a decision differs from the Council’s conclusion, the person competent
to decide the investment, before making a decision, must consult in writing
with the Council and take responsibility for his/her decision.
c/ The functions and tasks of
the central-level Art Council for grandiose fresco-statue monuments:
The central-level Art Council
for grandiose fresco-statue monuments is tasked to advise the Culture and
Information Minister on matters related to the art of the grandiose
fresco-statue monument projects managed by the Central Government or projects
of important positions and contents, managed by provinces or centrally-run
cities, with the following jobs:
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- Testing upon completion of and
accepting the fine art representation part by part and, together with the
investor, testing upon the completion of and accepting the complete grandiose
fresco-statue monument project.
- Commenting on and supervising
the art quality in the process of representing, classifying and rating
grandiose fresco-statue monuments, proposing the State to award prizes.
Article 9.-
The composition, functions and tasks of the
provincial/municipal Art Councils for grandiose fresco-statue monuments
a/ The regulations on the establishments
of grandiose fresco-statue monument Art Councils of the provinces and
centrally-run cities:
- The grandiose fresco-statue
monument Art Councils of the local level shall be set up by decisions of the
presidents of the People’s
Committees of the provinces and centrally-run cities and operate right after
the step-one sketch model is completed, and must necessarily include a
representative of the provincial/municipal Culture and Information Services.
- The grandiose fresco-statue
monument Art Councils of the provinces, centrally-run cities and ministries as
well as branches, before being established, must have their members agreed upon
by the Fine Arts Department of the Ministry of Culture and Information.
b/ The composition of a local
grandiose fresco-statue monument Art Council:
- 1/3 of its members are
administrators and 2/3 are sculptors and painters with university or higher
degree and trained through full-time courses (including one architect), who
have prestige, high professional and moral qualities. Experts of central bodies
may be invited to join the Council in the following cases: The number of
prestigious and professionally skilled painters and sculptors in localities
fail to account for 2/3 of the Council’s
members.
c/ Functions and tasks of the
provincial/ municipal Art Councils for grandiose fresco-statue monument:
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- Examining and approving
sketches (plan on ground design and overall spatial design according to the
requirements of each project) of local fine art projects.
- Testing upon completion of and
accepting the representation part by part and, together with the investor,
testing upon completion of and accepting the entire fine art volume when the
project is completed.
- Commenting on and supervising,
the art quality in the process of representation, proposing commen-dation and
handling of matters related to fine arts.
Article 10.-
Working mode of the grandiose fresco-statue monument Art
Councils
a/ The grandiose fresco-statue
monument Art Councils work on the principle of equality and democracy among
their members. The Councils’
decisions shall be voted through secret ballots or point scoring, and a
decision shall be valid only if it is voted for by over 50% of the Council members
(calculated according to the number of votes or the highest point downward).
- The Council members must fully
comply with the competition rules, norms and mode, make scoring and selection,
and take responsibility for the conclusions of the Council.
- In working sessions, if 1/3 or
more of the Art Council’s
members are absent, the decisions must be approved at the next sessions or wait
for the directing opinions of the Ministry of Culture and Information.
b/ The authors and units
involved in sketch creation and works representation must not join the Art
Councils.
c/ The Art Councils shall
conduct the art inspection with the following contents:
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- Inquiring into and gathering
materials;
- Marking and selecting steps of
sketching;
- Making comments to authors,
raising the art quality of the projects;
- Testing upon completion of
steps.
- The Art Councils’ expenses for the above-said
work shall comply with the evaluated cost estimate of the Ministry of Culture
and Information and approved by competent authorities, but the maximum expense
shall not exceed the following prescribed levels:
Ordinal number
1
2
3
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5
Approved pre-tax fine art cost
estimate
<2
billion VND
>2
to 5 billion VND
>5
to 7 billion VND
>7
to 10 billion VND
10
billion VND
Prescribed expense level
2%
- 2.5%
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1%
- 1.5%
0.8%
- 1%
0.3%
- 0.7%
If the approved pre-tax fine art
cost estimate exceeds 10 billion dong, the expense shall be calculated
according to the level of 10 billion dong (column 5) and plus 5 million dong
for every additional billion of the approved fine art cost estimate.
When a project is completed, the
Art Council shall also fulfill its tasks and dissolve. Depending on specific
project and their contributions to the success of the project, Art Council
members may be commended by the investor or the higher authority at the
proposal of the investor.
Chapter IV
THE PROCESS OF FINE ART
CONSTRUCTION OF THE GRANDIOSE FRESCO-STATUE MONUMENT PROJECTS
Article 11.-
The stage of sketch creation
a/ The investor shall carry out
the following work in preparation for the sketch creation step:
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- Elaborating norms and rules
for the sketch competition (the plan on ground design, overall spatial design)
and method of point scoring for selection by the Art Councils so as to ensure
the fairness, honesty, accuracy and secrecy.
- Setting up the Art Council
(according to Articles 10 and 11)
b/ Step one- sketch creation:
- Drafting with idea model and
disposition. With the height of 60 cm.
- The predesign drawing of the
overall architectural spatial ground, including the vertical section, cross
section’ or model, small
rough model.
- Explanation of plastic idea.
- Organizing seminar, exhibition
(if necessary).
- The sketch must clearly state
the ideology and art of the works through the harmonious arrangement between
the shape and lines of the statuary monument and its base; between the bas
relief, grandiose murals and support architectural works such as display house,
museum, fountain garden, etc.
- The number of sketches for
each grandiose fresco-statue monument project submitted by the investor to the
Art Council for approval and selection must be at least 3.
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-The level of expense for
investment preparation with project formulation and step-one sketch shall not
exceed 3% of the approved fine art cost estimate and be calculated into the
total fine art expenditures of the project.
c/ Step-two sketch creation.
Step-one sketch (including the
overall spatial ground design), after being selected by the Art Council, shall
be switched to step two. At this step, the sketch is 120 cm or more in height,
with more careful and comprehensive representation, thereby serving as model
for the scale 1/1 enlargement.
The detailed expense estimate
for the fine art representation is formulated on the basis of the
representation volume compatible to the sketch, the project materials
(according to the standard fine art unit prices set by the State), promulgated
by the Ministry of Culture and Information (with the participation of the
Ministry of Construction).
Article 12.-
Process of the fine art construction of grandiose
fresco-statue monuments
a/ Implementation process:
Besides complying with the
Government’s Decree
No.52/1999/ND-CP of July 8, 1999 promulgating of the Investment and
Construction Management Regulation, the following work of fine art particularity
must be done:
- Evaluation of the fine art
cost estimate by the Ministry of Culture and Information.
- Approval of step-two fine art
sketch model (already selected by the Art Council), the technical designs of
architectural elements of the grandiose fresco-statue monument and the project’s total cost estimate, by the
competent authorities.
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- Signing the contract for the
fine art representation at various steps.
- Preparation of studio for the
scale 1/1 enlargement of the works, change of materials and layout at the site.
- The investor shall have to
inspect and monitor the contract for representation.
- Test upon completion,
settlement of investment capital, hand-over and provision of warranty for the
project.
b/ Representation of the scale
1/1 enlargement:
- Change of materials, giving
the final touch to the project (and corresponding forms of representation).
- The sketch, when enlarged,
must fully express the intended ideological theme and the art quality of the
model shall be finalized.
c/ Casting the earthern statue
into plaster mould, scale 1/1:
Before casting earthern model
into mould, scale 1/1, it must be tested upon completion by the Art Council
before the investor permit the casting into mould and casting of the model
statue.
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- It is required to be
absolutely loyal to the scale 1/1 model statue. To selectively accept with
responsibility the comments of the Art Council and competent people in order to
raise the art quality of the project.
- To ensure the harmony between
the base, statue, bas relief and the greenery, light, premise, fence wall... in
a strict and unified overall disposition, ensuring high aesthetic value.
e/ Test upon completion and
hand-over of the fine art part of the project:
The Art Council shall assist the
investor in testing upon completion of the project before acceptance. The
representation unit shall hand over the project to the investor. The two sides
proceed with the contract liquidation and effect the warranty for the project.
Article 13.-
Granting permits for the fine art representation of the
grandiose fresco-statue monument.
a/ Subjects to be granted
permits for fine art representation:
The construction, repair,
renovation, material change and cancellation of the fine art part of the
grandiose fresco- statue project must be granted permits and subject to the
State fine art management by the Ministry of Culture and Information or the
provincial/municipal Services of Culture and Information.
b/ Elements not subject to the
granting of fine art permits:
- The architectural construction
element of the overall grandiose fresco-statue monument project shall comply
with the Government’s Decree
No.91/CP of August 17, 1994 promulgating the Regulation on management of urban
planning and Decree No.52/ND-CP of July 8, 1999 promulgating the Investment and
Construction Management Regulation.
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- The Minister of Culture and
Information shall grant permits to grandiose fresco-statue monument projects of
central level and President Ho Chi Minh’s
statue project, large-scale projects of provincial, municipal, ministerial and
branch levels, situated in social, cultural and political centers, statue
projects situated in historical relics or scenic places, already classified by
the State, sizeable religious painting projects, foreign statues built in
Vietnam. In a number of specific projects, the Minister of Culture and
Information shall authorize the Fine Arts Department director to grant
representation permits.
- Presidents of the People�s
Committees of the provinces and centrally-run cities shall grant permits for
construction of grandiose fresco-statue monuments of local level (not subject
to the above regulations).
In a number of concrete cases,
the presidents of the provincial/municipal People’s
Committees may authorize the provincial/municipal Services of Culture and
Information to grant permit for representation of statuary monument projects
under the local management according to the urban planning already approved by
the competent authorities.
d/ The dossier of application
for permit for fine art representation of the grandiose fresco-statue monument:
- The application for the
permit;
- The minutes on approval of
sketches by the Art Council;
- Documents related to the
project;
- Photos of the sketches taken from
three dimensions and the design plan drawing (the smallest size is 15x18).
- The time for permit granting
shall not exceed 30 days (for national projects) and 20 days (for local
projects) after the full receipt of the valid dossiers by the permit-granting
bodies.
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Article 14.-
Contents of a contract for the fine art representation
of the grandiose fresco-statue monument.
a/ The contract shall be signed
between the investor and the representation unit which has legal person status
and represents the author under the latter’s
authorization (or the author him/herself, for small or medium projects).
The general expense: The maximum
level shall not exceed 35% of the approved pre-tax fine art cost estimate.
b/ The contract’s content must clearly define
the responsibility of each party for the volume, technical and art quality,
price, mode of payment, time of completion, conditions for ensuring the
material and technical conditions, moral and material interests of each party.
c/ The representation contract
may be signed in part or in package; for the transfer contract (definite
purchase, definite sale), the contractual price is the one calculated according
to the fine art unit price index promulgated by the Ministry of Culture and
Information (with the participation of the Ministry of Construction) and the
fine art cost estimate must be evaluated by specialized management agency of
the Ministry of Culture and Information and approved by the person competent to
decide the investment.
d/ In the course of
representation, if a reasonable work volume arises and the prices change, the
parties may sign a contract, supplementing appropriate terms (but without
exceeding the approved cost estimate, including reserve funding).
e/ Fine art sketches and
architectural design plans, which are sent for competition but not entitled to
the conclusion of any contracts, shall enjoy the initial investment royalty or
rewards of the organizating committee (the project managing board). This
funding is included in the fund for project preparation, if it is so notified
in the regulations of the organizing committee.
Article 15.-
Evaluation of the project in terms of its fine arts:
a/ Evaluation of the fine art
cost estimate:
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+ The fine art unit prices
promulgated by the Ministry of Culture and Information with the participation
of the Ministry of Construction and the State’s
current financial regimes and policies.
+ The evaluation of the validity
of the dossiers of application for project evaluation.
+ The evaluation of the economic
norms of the cost estimate to see if they are compatible to the representation
idea or not, including the art volume and quality.
+ The expenses in the cost
estimate are compatible with the fine art unit prices and the State�s
current regimes and policies.
b/ Agencies evaluating the fine
art cost estimate (only for the source of State budget capital):
- The fine art cost estimate of
over 7 billion dong must be evaluated by an inter-branch council, with the
Ministry of Culture and Information assuming the prime responsibility. (The
council is assisted by evaluation experts).
- The fine art cost estimate of
under 7 billion dong shall be evaluated by the Fine Arts Department of the
Ministry of Culture and Information (the Department director is assisted by
evaluation experts).
- For projects with the fine art
cost estimates being under three hundred million dong, such estimates shall be
evaluated by localities.
c/ Dossiers on evaluation of the
fine art cost estimate:
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- The fund estimate elaborated
by the author or jointly by the author and the representation unit.
- Photo of the sketch (4
dimensions); photo or drawing of the spatial ground, the minimum size of the
photo is 10 x 15.
* The photos must be enclosed
with explanation and clear.
- The minutes of the Council’s meetings.
- Decision of the authority
competent to select the representation draft.
- Documents related to the
project.
d/ Conclusion of evaluation:
- The evaluating agency shall
have to submit the report on evaluation results to the authority competent to
decide the investment.
- The fine art evaluation agency
shall be accountable before the investor and law for the results of its work.
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For projects capitalized at 7
billion dong or more, it shall not exceed 30 days and for projects valued at
under 7 billion dong, it shall not exceed 20 days after the evaluating agency
receives the valid dossiers.
Chapter V
TRANSFER OF THE FINE ART
DRAFT AND WORKS ON GRANDIOSE FRESCO-STATUE MONUMENT
Article 16.-
The basic requirements on the fine arts part of the
grandiose fresco-statue monument, allowed to be transferred and ordered.
The fine art part of the grandiose
fresco-statue monument may be transferred in part or in whole under the
following conditions:
a/ The works has been granted
permit for representation by competent body.
b/ The author uses his/her own
capital to materialize his/her works (the fine art part) and bear all risks
that may occur.
c/ In the course of
construction, the author must abide by all current regulations of the State.
d/ The art quality of the sketch
and the works must be evaluated and selected by the Art Council.
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f/ The investor submits the
total cost estimate for approval after the Art Council and the project managent
board have tested upon completion and accepted the hand-over of the works at
the studio or the project construction site.
Article 17.-
Forms of transfer
a/ Transfer of shetch (the
copyright): The investor places the order for the shetch made by the author of
his/her own choice or purchases the shetch via competition.
b/ Transfer of the works part by
part.
c/ Transfer of the entire fine
art part of the project, which has been completed and laid out at the site.
d/ Scope of transfer with regard
to materials:
- For works cast in concrete,
metal or composite materials, they may be transferred at the stage of model
statue, scale 1/1, and the completely cast works.
- With duplication materials
such as wood, rock, metal sheets, the transfer can be made only when the works
is completed in materials.
- Transferring and ordering the
entire fine art part, which has been completed and installed at the
construction site. The transfer contract is made simultanously with the test
upon completion of the project.
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a/ For the grandiose
fresco-statue monument shetch and works, which have already been transferred,
the ownership over such properties shall belong to the transferee according to
the contract.
All forms of use must be fully
reflected in the transfer contract, which must also clearly define the
liability and material as well spiritual interests of each party.
b/ When a shetch is transferred,
the transferee shall be entitled to the selection of individuals or units for
representation, change of materials enlargement or restriction, duplication and
adjustment in construction.
c/ The draft unit prices shall
comply with Article 8 of this Regulation plus the percentage of the approved
pre-tax fine art cost estimate for the definite sale of the copyright (the
maximum addion level shall not exceed 3%).
Chapter VI
EVALUATION OF ART
QUALITY AND PROJECT WARRANTY
Article 19.-
Quality rating.
a/ After the project is tested
upon completion and accepted and the entire work volume has been completed
according to contract, the investor, the Art Council and the agency which
grants the permit for representation shall comment and rate the project.
b/ Criteria for rating of
project shall be as follows:
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The art quality is rated
eminent. The entire project including the statue, bas relief, fresco, base,
greenery, lawn, lighting is uniform and harmonious, the construction tempo is
achieved, the safety for people and property is absolutely maintained, the
representation unit (Party B) is rewarded or proposed to the superior for
reward, by the investor (Party A).
- For grade B projects:
The general art and technical
quality is ensured, a part or a small detail may not be completed, which,
however, does not affect the entire project. The construction tempo is achieved
and the safety for people and property is maintained.
- For grade C projects:
The art or technical quality is
below the mark. The party held accountable for this must make compensation therefor
and immediately repair the project.
Article 20.-
Warranty for grandiose fresco-statue monument projects:
a/ The warranty duration for the
fine art part is 1 year. The proportion of fund temporarily withheld for
warranty is 2% of the approved pre-tax fine art cost estimate. If nothing
happens, such proportion shall be fully refunded after the expiry of the
warranty period.
b/ All acts of infringing upon
grandiose fresco-statue monument projects must be prevented in time and handled
according to current law.
Chapter VII
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Article 21.-
Subjects of Regulation.
The ministries, the
ministerial-level agencies, the People’s
Committees of the provinces and centrally-run cities and organizations as well as
individuals involved in the construction of grandiose fresco-statue monument
projects shall have to implement this Regulation.
Article 22.-
Effect of the Regulation
This Regulation takes effect 15
days after the signing for promulgation. The Regulation on construction of
grandiose fresco-statue monuments issued together with Decision No.568/QD-PC of
May 8, 1992 of the Minister of Culture, Information and Sports, Decision No.
2910/QD-MT of November 5, 1994 of the Minister of Culture and Information supplementing
and amending the Regulation on construction of grandiose fresco-statue
monuments, Decision No.2659/QD-PC of October 16, 1996 of the Ministry of
Culture and Information and legal documents of the Fine Arts Department guiding
the implementation of such decisions and regulations, shall cease to be
effective from the date this Regulation takes effect.