IT ' S SMART

Regulation of the establishment and operation of the facility of antiquities monitoring facility

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

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

The Ministry of Culture, Sports and Tourism stipulated the establishment and operation of the facility to monitor the artifacts as follows:

Chapter I

COMMON RULES

What? 1. The adjustment range

This information provides for the establishment and operation of the facility which monitors the artifacts in Vietnam.

What? 2. Subject applies

1. This information applies to organizations, individuals who are involved in the establishment and operation of antiquities in Vietnam.

2. The case for the monitoring of the antiquities on the basis of the proceedings of the proceedings, the conduct of the proceedings in accordance with the provisions of the law on judicial authority.

What? 3. Antiquities Monitor

1. Antiquities of the Antiquities is the use of knowledge, means, scientific methods, techniques, tasks for evaluation, conclusions about the expertise of matters that are related to the historical, cultural, scientific, chronology, material of the antiquities.

2. Antiquities monitoring activities performed by antiquities authorities when required to monitor the organization's antiquities, the individual to serve the protection and development of antiquities, registration of the antiquities, and other activities related to the antiquities.

3. Antiquities of Antiquities:

a) comply with the law;

b) Middle, accurate, objective;

c) Just concluded the expertise of the problems associated with the antiquities in the required range;

d) to be accountable to the law of the results of the judging.

What? 4. Serious offenses

1. Trying to make false conclusions about the truth.

2. Taking advantage of the implementation of the antiquities to the advantage.

3. Implementiation of the antiquities when there is rights, the obligation in relation to the specified object.

Chapter II

THE FOUNDING CONDITION AND THE LEVEL OF PAPER CERTIFICATION ARE ELIGIBLE FOR ANTIQUITIES MONITORING OPERATION.

What? 5. The condition of establishing an antiquities facility

1. There is the headquarters, the repository, which is the custoship of the object.

2. There is the equipment, the means necessary to carry out the monitoring.

3. There is documentation of the antiquities to refer to, serving the operation of the antiquities.

4. There are from 05 (the year) expert on the course of the history sciences, chemistry, physics, which has enough civil action capacity; in which at least 03 (three) experts meet all the following conditions:

a) There is a university level that goes up to the museum, archaeology, Han Nhuu, and the other associated with antiquities.

b) There has been a practice of professional activity from 05 (the year) years or more in the academic profession.

What? 6. Set up an antiquities facility

Organizations that have legal status, meet all the regulatory conditions at Article 5 of this Smart House which is established by the institution of the antiquities as defined by the law.

What? 7. The authority granted the Certificate of Certificate of Antiquities to operate and register the activity of antiquities.

1. The Director of the Department of Culture, Sports and Tourism has the authority to grant sufficient certification of the activity of the antiquities, reissued, revoking the Certificate of Qualified Certificate of the Antiquities of the Registry Facility. in the Department of Culture, Sports and Tourism.

2. The prescribed antiquities facility at Article 6 of this Smart is only active in the identification of the antiquities when registered for the activity of antiquities at the Department of Culture, Sports and Tourism where the premises of the antiquities set up headquarters and is granted qualified certificates. It's an antiquities operation.

What? 8. The procedure of issuing a Certificate of Certificate of Antiquities operation

1. The facility that monitors the antiquities directly or sent through the postal road one (01) the registration filing and the offer of a Certificate of Certificate of Operational Identification of Antiquities to the Department of Culture, Sports, and Tourism. The profile consists of:

a) The application register and the offer to grant a Certificate of Certificate of Antiquities operation (according to the Form 1 issued by this Information);

b) The copy of the decision to establish or the certificate of business registration has legal value;

c) The rationalization of the representative in accordance with the law of the institution of the antiquities of the Antiquities Act recommended granting the Certificate of Certificate of Antiquities Act;

d) The list is accompanied by the scientific background of experts; the copy (certificate) by graduate or graduate degree, the certificate of time has passed the practice of professional activity of the experts (due to the agency, organization where the person is or has announced). It ' s about four of these things.

The copy (certificate) decision-making or contract contract does not specify a time between the base of antiquities and the experts;

e) A copy of the proofs of the headquarters (evidence), the list of equipment pages, the means to implement the procedure;

g) Catalogue of document sources on the property specified at paragraph 3 Article 5 This message.

2. The basis of the antiquities filing charges under the provisions of the Ministry of Finance at the time of the submission of the Certificate of Certificate of Certificate of Antiquities.

3. In the 15-day period of work, since the date of receiving valid records, Director of the Department of Culture, Sports and Tourism based on regulatory conditions at Article 5 of this Information review review, the decision to grant the Certificate of Certificate of Antiquities operation (in accordance with) Sample 2 issued to this message. In the case of refusal to answer in writing and specify the reason.

What? 9. Level the Certificate in Certificate of Antiquities Monitoring Operation

1. The certificate of sufficient conditions for the activity of the antiquities is issued in the following circumstances:

a) The certificate of sufficient operational condition for the monitoring of the lost or broken antiquities (tear, dirty, faded) is not usable;

b) The certificate of sufficient conditions for the operation of antiquities failure due to the Department of Culture, Sports and Tourism issued;

c) There is a change in the information that has been documented in the Certificate of Qualified Antiquities of the Antiquities.

2. The procedure to grant the Certificate of Qualified Certificate of Antiquities:

a) The facility that monitors the antiquities sent directly or sent through the postal line one (01) of the filing order repetition of the Certificate of Qualified Certificate of Antiquities to the Department of Culture, Sports, and Tourism. The profile consists of:

-The application to grant the Certificate of Certificate of Antiquities Operations (according to the Number 3 Form attached to this Information);

-The certificate itself is eligible for the activity of the antiquities to have been granted (for the case of a broken certificate, error or the change of information).

The case of change of information has been documented in the Certificate of Qualified Antiquities of the Issued Antiquities, which is accompanied by records of documents that are related to the change of information (the main copy or copy of the documents related to the incident). Change the applicable information in accordance with Article 8 of this Information.

b) The basis of the antiquities filing charges under the provisions of the Ministry of Finance at the time of the proposed grant of the Certificate of Eligible Antiquities of Antiquities.

The case of the degree of Certificate of Eligible Antiquities of the Antiquities of the Antiquities, Sports and Tourism Authority has issued the Director of the Department of Culture, Sports and Tourism in charge of a free-charge at the request of the Antiquities Authority.

c) During the 5-day period of work, since the date of the appointment of valid records, the Director of the Department of Culture, Sports and Tourism review, the decision to grant the Certificate of Qualified Certificate of Antiquities. In the case of refusal to answer in writing and specify the reason.

What? 10. recall the Certificate of Qualified Antiquities

The Director of the Department of Culture, Sports and Tourism decided to revoking the Certificate of Qualified Certification of Antiquities in the following cases:

1. The antiquities facility no longer meets one of the regulatory conditions at this Article 5;

2. The basis of the dissolution of the antiquities or the end of the activity of the antiquities operation;

3. The owner of the antiquities that has a violation of the law in the activity of monitoring the antiquities agency has the authority to recommend the recall of the Certificate of Eligible Antiquities of the Antiquities Act by law enforcement and law. Criminal law.

Chapter III

ACTIVITY OF THE DATABASE OF ANTIQUITIES

What? 11. Request and take on the request for antiquities monitoring

1. The organization, the individual sent records that require the antiquities to monitor the artifacts. The specified profile required:

a) The text requires an antiquities (according to the number four issued by this message);

b) The image image: 01 overall image and 1 detailed specification (color image, from 9cm x 12cm or up), has full annotations;

c) The document proves the legal origin of the artifacts and the documents that are related to the phenomenon (if any).

2. The Antiquities Authority recepts the Profile of the Prescribed Requirements, conduct the cost of the regulatory costs, the agreement, and the implementation of the Contract of Antiquities Agreement with the organization, the individual requesting the examiner, unless the case refuses to carry out the regulation regulations. This is about three things.

3. The antiquities examiner refused to carry out the antiquities authority in the following circumstances:

a) Not responding to the request for the monitoring;

b) The object of the object is of unlawable origin;

c) The documents related to the subject matter of the organization, the individual requires that the provision of the provision be not sufficient or no value to be concluded.

The refusal to implement the examiner must be notified by text to the organization, the individual requesting the examiner to know.

4. The delivery, receiving the artifacts before the judge and after the bishop must be established (according to the Form 5).

The institution of antiquities is responsible for the preservation of the subject matter and the documents related to the phenomenon of the examiner.

What? 12. Cost of execution

1. The object base, required content, properties, and volume of work required to perform, the antiquities of the antiquities that envisage the cost of carrying out the requirements and agreement with the organization, the individual who asks for the care of the antiquities.

2. The cost execution costs include a partial or all of the following expenses:

a) The cost of the experiment;

b) The cost of machinery, equipment served for the monitoring;

c) The cost of the study of the document;

d) The cost for discussion, comment, assessment of the present;

) the cost of preserving the artifacts;

e) Cost of management and other necessary expenses.

What? 13.

The contract for the stock of the antiquities has the following major content:

1. Name, address of the organization, the individual requires the monitoring of the antiquities; name, address and representative by the law of the institution of antiquities;

2. Content requested;

3. Location, duration of execution;

4. Cost of examiner and method of payment;

5. The rights and obligations of the parties;

6. Contract and contract liquoration;

7. Responsibility for damages; the method of dispute resolution;

8. Other conditions under the agreement (if any).

What? 14. Antiquities of Antiquities.

1. The monitoring of the artifacts must be led by the Antiquities Examiner (later known as the Specialist Fatherland).

2. The expert led by the head of the establishment of the antiquities organization, which includes the organization of the organization and its members. The number of member experts must be odd and there are 3 (three) members or more.

Depending on the requirements of the examiner, an antiquities authority may invite experts, a scientist with a specialized degree or an understanding of the artifacts of the organs, the other organization participating as a member of the Specialist.

The members of the Council of Antiquities of the Antiquities, Sports and Tourism established by the Ministry of Culture, Sports and Tourism, are not allowed to participate as members of the Society of Antiquities.

3. The organization is active in the principle of democracy, public voting on the conclusion of the decision. Members of the Group of Experts discuss the subject matter, the opinions of the members must be written in the organization's meeting.

4. The expert's responsibility:

a) Compliance of the principles of the prescribed antiquities at the third Article 3 of this.

b) The selection of the necessary method, in accordance with the right of conduct of the correct procedure required by agreement in the Agreement of the Antiquities;

c) It is possible to use test results or professional conclusions due to the organization, other individuals who carry out the monitoring;

d) Members of the Foundation are personally responsible for their intent of monitoring and collective responsibility for the general conclusions of the Expert Group; keep the secret of the results of the judging, information and documentation of the organization if organized, the individual requires the monitoring of the organization. It's a suggestion.

5. The entire process of implementation of the organization of the Expert Foundation must be established as a designated border by the organization and the members of the organization. The specified editor must be noted in time, full, honest, and saved in the stock of the antiquities.

What? 15. Antiquities judge

1. In the 15-day period of work since the date of the specified border, the head of the institution of the antiquities examiner must consider and decide to grant the Certificate of Antiquities (according to the denominated 6).

The certificate of antiquities must form at least two copies, a return to the organization, the individual requesting the examiner, a circulation in the profile of the antiquities.

2. The required case must have more time to implement the antiquities authority, the basis of the antiquities that must have timely notice in writing and be given the organization's agreement, the individual requires the examiner.

What? 16. Antiquities.

1. The base of the antiquities that must set up the profile of the antiquities. The profile of the artifacts consists of the following documents:

a) The documents stipulate at one Article 11 of this.

b) Contract contracts;

c) The protocol, the identification of the object;

d) The specified border;

The specified image (if any);

e) The previous predetermined conclusion or results of the test, the practice of which is done by others is intended to serve the examiner (if any);

g) Other documents related to the monitoring (if any);

h) Antiquities certificate.

2. The profile of the antiquities that must be kept at the base of the antiquities since the end of the procedure, except for the legal case of another regulation.

The institution of the antiquities is responsible for preservation, keeping the prescribed record due to its implementation in accordance with the provisions of the law of storage.

What? 17. Additional reporting

The organization, the individual may request the facility that has been set to implement the additional monitoring of other content related to the item besides the signed contract. Additional monitoring must be agreed upon by the two sides of the contract. The contract appendix is stored in the Antiquities.

Chapter IV

THE ORGANIZATION.

What? 18. Information Mode, Report

1. The Bureau of Cultural Heritage sets List of active antiquities monitoring facilities, complemers or deleting the name of the artifacts that identify the artifacts in the List of Artifacts Monitoring Facilities under the decision, level, revoking the Certificate of Qualified Certificate of Operations. The website of the Ministry of Culture, Sports and Tourism and the Department of Cultural Heritage.

2. Department of Culture, Sports and Tourism scheduled for 6 months and annually reporting the operational situation of the local registry of registered artifacts in the locality of the Ministry of Culture, Sports and Tourism; informed by the information written information on the granting, level, recovery, and other activities. The certificate is eligible for the operation of the antiquities to serve as a list of the list of historical artifacts that are regulated at this one Article.

3. The basis of the 6-month-and-yearly recurring antiquities, the statistical reporting of the activity of the antiquities of its facility sent to the Department of Culture, Sports and Tourism where the registry operates.

What? 19.

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

2. The Department of Culture, Sports and Tourism of the Provinces, the central city of the central city that is responsible for the organization's implementation; periodic checks or breakthroughs, overseeing the maintenance of the operational conditions of the local antiquities authority.

What? 20. Terms of execution

1. This message came into effect from 15 February 2012.

2. In the course of execution if there is an entanging, the agencies, the organization, the individual needs to reflect in time about the Ministry of Culture, Sports and Tourism for consideration, addition, amendment ./.