Circular 11/2013/tt-Bvhttdl: Regulations On Collection Of Artifacts Of The Museum's Public

Original Language Title: Thông tư 11/2013/TT-BVHTTDL: Quy định về sưu tầm hiện vật của bảo tàng công lập

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CULTURE, SPORTS AND TOURISM.
Number: 11 /2013/TT-BVHTTDL
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 16, 2013

IT ' S SMART

The collection of the museum's collection of artifacts.

____________

The Cultural Heritage Law Base June 29, 2001 and the Amendment Law, added some of the provisions of the Cultural Heritage Law on June 18, 2009;

The Civil Code base on June 14, 2005;

The Management Law Base, which uses the state property on June 3, 2008;

Base of Protocol 98 /2010/ND-CP September 21, 2010 by the Government Regulation details the implementation of several provisions of the Cultural Heritage Law and the Amendment Law, which complements some of the provisions of the Cultural Heritage Law;

Base of Protocol 76 /2013/NĐ-CP 16 July 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

On the recommendation of the Bureau of Cultural Heritage,

The Minister of Culture, Sports and Tourism issued a provisions for the collection of the artifacts of the public museum.

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. This information regulates the collection of the artifacts of the public museum (later known as the museum).

2. This information applies to museums and organizations, individuals with regard to the collection of the museum ' s artifacts.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. The phenomenon is physical evidence of nature, human and human habitat, which has a history of history, culture, science, aesthetics, collections of collections, and perfices of scientific and legal records to become museum artifacts.

In this Information, the word "Archaeological" is prescribed at the Number Decision. 86 /2008/QĐ-BVHTTDL December 30, 2008, of the Minister of Culture, Sports and Tourism enacted the Exploration Statute, the archaeological excavation known collectively as "artifacts".

2. The presence of the object is the museum through various methods of bringing the artifacts to the museum, serving the museum's activities.

3. The collection of artifacts is the collection of scientific and legal documents about artifacts, formed during the study, gathering and processing of information, addressing the procedures involved in bringing the artifacts to the museum.

4. The collection of artifacts is that the text represents the key issues of purpose, requirements, scope, collectitiable, time-making, and other matters that are related to the collection of artifacts for the museum.

5. The present donor is the organization, the individual who voluntarily transferred to the museum that permanently uses the ownership of the organization, the individual, which is not accompanied by the cost of the cost to that transfer, to the museum's management and governance. The animal.

6. The transfer of the artifacts is an agency, unfunctional unit, the mission to operate the transfer museum to the museum of management and permanent use of artifacts from the museum ' s collection due to the agency, the unit captured in the process. I don't know.

What? 3. The organization ' s responsibility, the individual performs the collection of artifacts

1. Do the collection of the artifacts according to the following sequence:

a) Investigated, survey, gathering information and research into the artifacts; identifying the artifacts that have enough criteria are subject to the collection of the museum by regulation at Article 4 of this Information.

b) The set of artifacts that are expected to collect by regulation at this message and the regulation of the museum;

c) To carry out the collection of artifacts under the scheme, the collection plan has been approved;

d) The tables of artifacts and documents are formed during the collection by regulation at this Smart site for the museum.

2. Prohibition on the organization, individuals are tasked with preserving the task of taking advantage of the task to advise the organization, the other individual buying, selling artifacts belonging to the museum ' s collection object or disclosure of information related to the purchase, sale and sale. Now, the artifacts have not yet been agreed upon by the Director of the Museum and the owner of the artifacts.

What? 4. Collection of collectiable objects

Artifacts from the museum ' s collection must have enough of the following criteria:

1. The phenomenon of historical, cultural, scientific, aesthetic.

2. There is a clear, legal and non-dispute origin, the relevant complaint.

3. Fit for the function, mission, object, and scope of the museum ' s activities.

What? 5.

The collection of artifacts is done in the following methods:

1. Visit, excavate archeology or collect artifacts in the field.

2. Buy the organization's artifacts, individuals.

3. Take the present from the organization, the individual donor or the transfer.

4. Other modes of collection.

What? 6. Cost of a collection of artifacts

1. The source of the collection of artifacts including:

a) the state budget;

b) The source of aid, the funding of the organization, the individual in and out of the water;

c) Other legal costs under the regulation of law are authorized by the state authority to use for the collection of artifacts.

2. The minister, head of the industry, political organization, political organization-social organization in the center and the chairman of the Provincial People 's Committee, the central to the central city (later called the Provincial People' s Committee) where the museum performs the collection of artifacts. decision to determine the maximum funding that the Director of the Museum is decided to buy 1 (one) of the present.

3. The use of a collection of artifacts that follow the provisions of the law on management, the use of state property and the regulation of the law of finance.

Chapter II

SPECIFIC REGULATIONS

Item 1

Collection Methods

What? 7. Visit, excavate archeology or collect artifacts in the field

1. The museum of organizing or co-ordination of the exploration organization, archaeological excavation (later known as archaeological excavation) to collect the present implementation in the following steps:

a) The organization of the investigation, the survey, evaluation of the amount of artifacts at the site of the archaeological discovery;

b) Please permit archaeological excavations in accordance with the rule of law on cultural heritage;

c) The organization of archaeological excavations;

d) Theorem the artifacts and artifacts for the excavated artifacts are under the regulation at the No. 1 Decision. 86 /2008/QĐ-BVHTTDL December 30, 2008, of the Minister of Culture, Sports and Tourism enacted the Exploration Statute, archaeological excavation; and

In the case of national museums or museums in the department, industry, political organization, political organization-society in the center, or specialized museums in the department, industry, political organization, political organization-society. in the center (later known as the central museum) to excavate archaeological excavations to collect the artifacts, the museum in the central part of the province is responsible for coordinating with the provincial museum, the central city centre where archaeological excavations (later called the provincial museum. Excavation of the excavation site, the Ministry of Culture, Sports and Tourism decided to deliver the excavation of the excavated object. is given the museum in the central central and provincial museums where the excavation (later called the archaeological site of the archaeological excavation);

The filing of a proposal for the delivery of the archaeological excavation is carried out by regulation at Article 11 of this article;

e) Taking over the present and setting up a collection of artifacts according to the museum's regulations.

2. The collection of artifacts at the field of execution by the following regulation:

a) The organization, the individual of the museum, was tasked with investigating, surveaking in the field, when the discovery of the object of the museum's collector, was responsible for collecting information about the artifacts and giving it back to the museum;

b) The organization, individuals who collect artifacts in the field are responsible for coordinating with the organization, the individual in charge of the expertise, the relevant business of the museum and the delivery of the museum's collection of artifacts according to the museum's regulations.

What? 8. Buy the artifacts for the museum

The museum 's purchase of the organization' s artifacts, the individual does follow the following steps:

1. The organization of inquiry, survey, collection of information about artifacts expected to purchase.

2. Advance the commercial with the owner of the item on the sale price.

3. Set up a list of artifacts expected to collect the number 1 Form attached to this message.

4. Set up a project or plan to purchase a museum ' s director or a approved authorship.

5. The scientific council of the museum (later known as the Scientific Council) or the Council of the Appraisal Board (later known as the Appraisal Council) to select the present criteria that has sufficient criteria in this Article 4 and determines the purchase price. following the following regulation:

a) The Board of Scientific Appeals for the artifacts that the Director of the Museum is determined to purchase by jurisdiction.

When an organization appraisal of the phenomenon is decided to purchase by jurisdiction, the Director of the Museum invites the competent financial management agency to involve the use of the cost of purchasing the artifacts to the Scientific Council;

The establishment and mission of the Scientific Council is by regulation at Article 4 of the Digital Information. 18 /2010/TT-BVHTTDL December 31, 2010 by the Minister of Culture, Sports and Tourism Regulations on the organization and operation of the museum;

Case, sequence, procedure of purchasing the artifacts of the Scientific Council implemented by regulation at Article 14, Article 15 This Article 15;

b) The Board of Appraisal for selecting the currently qualified criteria in Article 4 and determines the purchase price as specified in Article 13, Article 14, Article 15 of this Article for the object that the Director of the Museum has no authority to decide on the purchase.

6. The museum director decides that the purchase of artifacts by jurisdiction or authorship has the authority to decide on the purchase of the item.

7. The organization buys the artifacts:

a) Sign the purchase, sale of artifacts between the museum and the owner of the artifacts according to the Form 2 issued by this Information;

b) Continue to receive the object, the document is related to the origin of the artifacts, the ownership and copyright to the present (if any) from the owner of the object; the receipt of the delivery, receiving the artifacts according to the Number 3 Form attached to this message;

c) Complete the payment, the decision with the owner of the present in accordance with the provisions of the law of finance.

8. Complete the collection of artifacts according to the museum ' s regulations.

What? 9. Continue to receive an organization, the individual donated or transferred to the museum

The adoption of an organization, the individual donated or transferred to the museum, follows the following steps:

1. The organization of the survey, research, gathering information about the organization's artifacts, individuals who are intended to donate or transfer artifacts to the museum.

2. Set up a list of artifacts expected to collect the number 1 Form attached to this message.

3. The scientific council held a review, selecting the existing criteria in accordance with the provisions of this Article 4.

4. Plan to accept the currently donated artifacts or transfer the Director of the Museum or grant authority to review, decide.

5. Take on the artifacts, documents related to the origin of the artifacts, ownership and copyright to the artifacts (if any) from the owner of the artifacts; and the receipt of the delivery, receiving the artifacts according to the Number 3 Form attached to this message;

6. Make a commendation to the organization, the individual who donated or transferred the artifacts to the museum by law on cultural heritage, the law of finance and the law of the competition, commendation.

7. Complete the collection of artifacts according to the museum ' s regulations.

What? 10. Supremacy in the other way

1. The collection of artifacts according to the method of exchange of artifacts between the two museums performed by the following regulation:

a) Implementals of the exchange of phenomena in accordance with voluntary principle, self-agreement, the consent of the head of the agency, the museum of the museum and adhering to the current regulation of state asset management;

b) Make the receiving of the current under regulation at Article 9 of this.

2. The collection of artifacts according to the method of purchasing the artifacts at auction sessions is due to the provision of the purchase of artifacts for the museum at this level and the laws of the auction.

The director of the museum or competent person decides that the purchase of a maximum price may participate in the auction but cannot exceed the purchase price due to the Council of Science or the proposed appraisal Council.

3. The case of a special collection of artifacts:

a) Dominance of the present in the following cases is considered a special collection of artifacts: purchase of a particularly large purchase price; purchase of rare artifacts; received from the organization, the individual donor, and transfer of rare special artifacts. or have a particularly large economic value;

b) The minister, head of the industry, political organization, political organization-social organization in the center or Chair of the Provincial People ' s Committee where the museum performs the collection of the phenomenon that determines the collection of special artifacts at the recommendation of the Director of Security. It's a museum or an organ, a unit of authority.

For a particularly large purchase price, the person with authority to decide the purchase of the item requires an expert's written consultation with knowledge of the expected item before deciding on the purchase.

Section 2. Profile and sequence execution of archaeological excavation.

What? 11. Profiling of archaeological excavation.

The profile of the archaeological excavation of the archaeological excavation includes:

1. The proposal sheet for the Minister of Culture, Sports and Tourism decided to deliver the unearthed artifacts to the museum in the central and provincial museums where the excavation, due to the museum in the central part of the organisation for the excavation of the archaeological excavation;

2. The list of archaeological artifacts for the museum by the 4th Denominate issued by this message, as the central museum is the unit of archaeological excavation in coordination with the provincial museum of excavation.

What? 12. Presentation of the delivery of archaeological excavation to the museum in the central part and the provincial museum in excavation.

1. The museum in the centre is sent directly or via post-line 01 (one) the Ministry of Records offering the archaeological excavation of the Department of Culture, Sports and Tourism (through the Cultural Heritage Bureau).

2. In the 30-day period, since the date of receiving valid dosages, the Bureau of Cultural Heritage is responsible for consideration, the Minister of Culture, Sports and Tourism decided the delivery of excavation artifacts was given to the museum in the central and provincial museums. Oh,

3. For a period of 30 days, since the date of the decision of the Minister of Culture, Sports and Tourism on the delivery of excavated objects, the museum in the central and provincial museums where the excavation must complete the excavation of the excavated artifacts.

Section 3

The organization to buy the artifacts.

What? 13. appraisal council

1. Function, mission of the Council of Appraisal

a) The appraisal council is the organization counsel for the minister, head of the industry, political organization, political organization-social organization in the central or the chairman of the Provincial People ' s Committee where the museum does the purchase of artifacts on the selection of artifacts that need to buy. and determine the cost of the item;

b) The time of operation of the appraisal Council is stipulated at the decision to establish the Council of appraisal.

2. The authority to establish the Council of appraisal:

a) The minister, head of the industry, political organization, political organization-society in the center of the decision to establish the Council of Appraisal, at the suggestion of the Director of the Museum to implement the purchase of artifacts (for national museums, specialty museums belonging to) ministry, industry, political organization, political organization-social organization in the center of the country) or at the suggestion of the head of the department of subordinated units, industry, political organization, political organization-social organization in central (for the specialized museum of subordinated units). ministry, the industry, the political organization, the political-social organization in the central center);

b) The chairman of the Provincial People ' s Committee decided to establish the Council of appraisal, on the recommendation of the Director of the Department of Culture, Sports and Tourism (for the provincial museum);

The working statute of the Council of appraisers was determined by the decision of the decision to establish the Board.

3. appraisal Council Component:

a) Chairman of the appraisal Council is the person who is head of the industry, political organization, political organization-social organization in the centre or the chairman of the Provincial People ' s Committee where the museum does the purchase of proxy artifacts;

b) The vice president of the appraisal Council is the Director of the Museum to implement the purchase of artifacts (for the national museum, the museum majorally in the department, industry, political organization, political organization-social organization in the centre), or the head of the subordinate unit, sector, political organization, political organization-social organization in the center (for specialized museums belonging to ministries of the department, industry, political organization, political organization-social organization in the center), or Director of the Department of Culture, Sports and Tourism (for the conservative). The Provincial Museum,

c) The Board of Appraisal Committee is those who have credibility on the fields of science, a business related to the expected artifacts and the representation of the financial management body involved in the use of the cost of buying the artifacts;

For specialized museums in the department of department, industry, political organization, political-social organization in the central and provincial museums, the Director of the Museum is the Permanent Commissioner of the Council of Appraisal;

The number of the appraisal councillors appointed by the decision to form the decision-appraisal Council;

d) The Secretary of the Appraisal was selected among the museum's scientific councillors to carry out the purchase of the item.

4. The operating budget of the Board of Appraisal is part of the museum ' s operating budget.

What? 14. The artifacts are expected to buy

Purchase expected artifacts include:

a) List of artifacts expected to collect the number 1 form issued by this message;

b) The presence of an object appraisal is expected to purchase by Form 5A (case of a scientific council plan case) or Model 5B (case of the appraisal Council program) issued with this Notice and other documents related to the expected acquisition of the site. (if any).

What? 15. The procedure, the procedure to purchase the object

1. The appraisal of the purchase of the artifacts is made through the meeting of the Scientific Council or the Council of appraisal.

The museum makes the purchase of the item responsible for preparing the meeting of the Council of Science or the Council for the appraisal and filing of artifacts expected to buy.

The expected item profile must be sent to members of the Council of Science or the Council of Appraisal prior to the time of the Council meeting at least 7 days.

2. The meeting of the Council of Science or the Council of appraisors must have at least 75% of the members named in the Decision to establish the Council of Attendance, including the President of the Council or Vice Chairman of the Council appointed by the Chairman of the Board.

A member of the Council of Science or Board of Appeals absenters at the Council meeting, which must be sent to the Board of Appraisal of the expected acquisition by Form 5A (for members of the Scientific Council) or Model 5B (for member). The Council of appraisers) is issued with this message.

3. The scientific council, the Board of Appraisal of the selection and determining the purchase price for the fully available item of the item, is expected to be purchased by the provisions of Article 14.

4. The scientific council, the Council of Appraisal only proposed to the competent person who decides the purchase of artifacts for artifacts of at least 75% of the Council members agree to choose and agree on the purchase price.

The advisory opinion of the Council of Science or the Council of appraisals is expressed in the Board of the Council of appraisal of the Committee on the Form 6A (for the Scientific Council) or the Model 6B (for the Council of appraisals) issued with this message.

5. The whole text is formed through the meeting of the Scientific Council or the Council of appraisers assembled into the Appraisal Outcome Record, provided by the Secretary of the Council.

The appraisal results profile is made up of multiple copies to have the authority to determine the purchase of artifacts and related organs, the original storage at the museum.

Chapter III

THE ORGANIZATION.

What? 16.

1. This message has been in effect since 15 February 2014.

2. The Bureau of Cultural Heritage is responsible for organizing, monitoring, monitoring and examining the implementation of this Information.

3. In the course of execution if there is difficulty, entanged, recommended organizations, individuals in time to reflect on the Ministry of Culture, Sports and Tourism for consideration, addition, modification.

Minister.

(signed)

Your Majesty.