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Circular 20/2012/tt-Bvhttdl: Rules Of Procedure Of The Profile And Send, Receive, Send The Material Non-Object Cultural Heritage, Artifacts, Antiques, Country Treasures

Original Language Title: Thông tư 20/2012/TT-BVHTTDL: Quy định về hồ sơ và thủ tục gửi, nhận gửi tư liệu di sản văn hóa phi vật thể, di vật, cổ vật, bảo vật quốc gia

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DEPARTMENT OF CULTURE-SPORTS AND TOURISM
Number: 20 /2012/TT-BVHTTDL
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 December 2012

IT ' S SMART

The regulation of records and procedures sent, receiving the information of non-object cultural heritage, relics, artifacts, national museums, and other areas.

_____________________________

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;

Base of Protocol 98 /2010/ND-CP September 21, 2010 The Government regulates 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 185 /2007/ND-CP December 25, 2007 of 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 regulatory advisory on the records and procedures sent, receiving the information of non-object cultural heritage, relics, artifacts, and national conservation.

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. This information regulates the filing and procedure of sending, receiving the documentation of non-object cultural heritage, relics, artifacts, national conservation (later known as the document, artifacts) of the organization, the individual (later called the Send) to the public museum or the state agency. has jurisdiction (later known as the Recipient) to support the organization, the individual is the owner of the document, the protection and the value of the value.

2. This information applies to the organization, the participant who performs the sending and receiving of the documents, the artifacts.

What? 2. Explain the word

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

1. Materials of non-object cultural heritage are information about non-object cultural heritage that is kept by means of vehicles, devices, materials, including: records, recordings, records.

2. The forms of value in document value, the artifacts include: publication of publication of the document, artifacts; the introduction of documents, artifacts on the mass information media, electronic information pages; exhibitions, document displays, artifacts; and making copies of the material. documents, artifacts, and other forms of value.

What? 3. The criteria for determining the document, artifacts are sent

1. The non-object cultural heritage site is sent to have enough of the following criteria:

a) As non-object cultural heritage has a history of history, culture, science; the priority of materials on non-object cultural heritage has been examined according to the rule of law on cultural heritage;

b) There is long-term preservation;

c) Not subject to the law of banning the archives.

2. The animal, antiquities, the national museum is sent to have enough of the following criteria:

a) The remains, artifacts have been registered, the national conservation has been recognized by the rule of law on cultural heritage; and

b) There is long-term preservation;

c) Not subject to the law of banning the archives.

What? 4. Cost of sending, submitting documents, artifacts

1. The cost of sending, receiving the documents, artifacts sent by the Left and the Parties to the agreement and is well documented in the deposit, receiving the documents, the artifacts, according to the Fourth Form issued by this message.

2. Recommend parties to the agreement and specify at the case of the Deposing Party, which does not collect the benefits that arise from the recipient of the recipient of the value of the document's value, the item sent, the recipient does not collect the costs of receiving the deposit. Yeah, the thing.

Chapter II

RECORDS AND PROCEDURES

What? 5. File to Document, artifacts

Document to send documents, artifacts submitted by the Left Side; the specified Profile component is as follows:

1. Profile of non-object cultural heritage:

a) The proposed text sends documents, artifacts (for the organization), according to the Form 1 issued by this message; the application to submit documents, artifacts (for individuals), according to the Form 2 issued by this message;

b) A copy of the term (for the Vietnamese personally), the passport copy and the shelf life (for the individual being Vietnam and foreigners), the copy of the certificate (for the organization); the filing case. the direct case, when submitted by the original copy of the copies to the object; the case for sending records through the mail line, the copy must have a testimony or endorsement;

c) Votes the non-object cultural heritage information, according to the Form 3A issued by this Information;

d) A copy of the non-object cultural heritage inventory or copy of the non-object cultural heritage inventory enumerate in the document, the artifacts that send witnesses or corroboration (for non-object cultural heritage have been tested);

) The authorization papers to document non-physical cultural heritage or corroboration (the case of the party is that the individual delegated to others perform the sending of non-object cultural heritage).

2. Profile for relics, artifacts, national conservation:

a) The proposed text sends documents, artifacts (for the organization), according to the Form 1 issued by this message; the application to submit documents, artifacts (for individuals), according to the Form 2 issued by this message;

b) A copy of the term (for the Vietnamese personally), the passport copy and the shelf life (for the individual being Vietnam and foreigners), the copy of the certificate (for the organization); the filing case. the direct case, when submitted by the original copy of the copies to the object; the case for sending records through the mail line, the copy must have a testimony or endorsement;

c) The information information is: each animal, antiquities, national conservation order 01 (one) votes, according to Model 3B issued by this message, accompanied by at least 2 images of artifacts, torso 10cm x 15cm (color image, 01 overall image, 01) the most important detailed description. of the object, which has a proportional size), ensuring sufficient basis for the presence of an item;

d) a copy of the text certification for which the phenomenon has been identified, registered or recognized (for national conservation) with a proof or endorsement;

) The authorization paper to send documents, artifacts with a witness or endorsement (the case of the party sent as the individual authorized by the other to carry out the sending of documents, artifacts).

What? 6. The procedure to receive documents, artifacts

1. The deposit must be sent directly or via postal route 01 (a) the file for the documents, which is defined by the specified item at Article 5 of this Information to the recipient.

2. The recipient of the receiving recipient, review of the filing of documents, artifacts; in the 5-day period of work since the date of the reception, the recipient must reply in written to the letter to the letter to the consent of the dispatch or not receiving, the case does not submit. I'm sorry.

3. The recipient and the party sent together the agreement to unify the plan to carry out the dispatch, receiving the documents, the artifacts.

4. To the sent and the right recipient of the dispatch carrying out the dispatch, receive the documents, the artifacts according to the following sequence:

a) Check the records and documents, artifacts sent;

b) Sign the deposit, which receives the document, the artifacts, according to the Form 4 issued by this message;

c) Perform the delivery, receiving documents, artifacts and protocols, receiving documents, artifacts, according to the number of 5A issued by this message.

5. The case of the filing resolution, the procedure to send, receive the document, the specified item at paragraph 4 This is a maximum of 5 working days; the deposit case, the notice of the document, the large number of artifacts, the two sides of the agreement.

What? 7. Document delivery procedure, artifacts sent

The delivery of the document, the sending artifacts that are made at the expiration of the deposit, receive the documents, the artifacts, at the site due to the two sides of the agreement, according to the procedure procedure as follows:

1. Send out the following paperwork:

a) The contract to send, to receive documents, artifacts;

b) Bioing, receiving documents, artifacts;

c) Proposition of the term (for Vietnamese personally) of the use (for Vietnamese individuals) or the term passport (for the individual being Vietnamese and foreign persons) of the recipient of the document, the present;

d) The license to receive the document, the object to the testimony or corroboration (the case of the recipient of the document, the person being sent by the authorized individual) or the text of the delegate to receive the document, the question is taken by the letter. (the case of the recipient of the document, the object being sent by the party is the organization);

The paper identifies the right to inherit by the rule of law (in the case of the individual receiving the document, the object is the inheritance inherited from the depositor).

2. The sending and sending of a combination of the delivery of the document, the following is the following:

a) Check the status of the document, the item is delivered;

b) Set up the letter of the contract to send, receive documents, artifacts, according to Form 6 issued by this message;

c) Set up the delivery, receiving the document, the artifacts, according to the number 5B issued by this message;

d) The letter received the delivery of the document, the artifacts for the sending,

g) The letter is sent to send a copy of the text, the document concerning the preservation, the deposit of the document, the artifacts of the artifacts, and the artifacts, and the artifacts.

3. The deadline for the decision to resolve the document, a maximum of 5 days of work since the side of the deposing full of documents prescribed at one Article; the case of the return of the document, the large number of items, the two sides of the agreement.

4. After the return of the document, the object, the recipient is responsible for the preservation, keeping the records associated with the receiving and delivery of the document, the object according to the rule of the law on the storage.

What? 8. Get back before the contract deadline, send it back and slow to return, delay documents, artifacts sent, receive

1. In the case of the deposit required to retrieve the entire document, the item sent before the end of the deposit of the deposit, receiving the documents, the artifacts, the two parties must perform the procedure concerning the delivery of documents, the prescribed artifacts at the site. Article 7 This message and the agreement between the two parties are inscribed in the deposit, receiving the documents, the artifacts.

2. In the case of the deposit request to retrieve a portion of the document, the item sent before the end of the contract sent, receiving the documents, the artifacts, the two parties must perform the procedure concerning the delivery of the full document, the artifacts sent in accordance with the In this Article 7, and the agreement between the two parties is written in the Sent Contract, which receives the documents, the artifacts, and then carry out the submission, receiving the documents, the recommended item is submitted by the prescribed account at paragraph 4 Article 6 of this.

3. In the case of the deposit required to send back the entire document, the item sent after the end of the contract deadline, receiving the documents, the artifacts, and being submitted by the recipient, the two parties must perform the procedure concerning the delivery of the document, present. This is submitted in accordance with the provisions of this Article 7, and then carry out the submission, submitted by the provisions at paragraph 4 Article 6 of this.

4. The births in the case of the expiration of the contract sent, receiving the document, the artifacts that the Left sent back to document, the artifacts sent or the recipient of the delay sent to the document, the artifacts sent, are resolved according to the rule of civil law. to keep the assets and agreements between the two parties that are inscribed in the deposit, receiving the documents, the artifacts.

Chapter III

THE ORGANIZATION.

What? 9.

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

2. The organization, the individual of the Deposing Party, the recipient is responsible for this practice.

What? 10. Terms of execution

1. This message is effective from 15 February 2013.

2. In the course of execution, if the birth is entangled, the organization, the individual promptly reflects on the Ministry of Culture, Sports and Tourism to study, modify, replenize.

Minister.

(signed)

Your Majesty.