Advanced Search

Decree 98/2010/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Cultural Heritage, And The Law On Amendments And Supplements To Some Articles Of The Law On Cultural Heritage

Original Language Title: Nghị định 98/2010/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Di sản văn hóa và Luật sửa đổi, bổ sung một số điều của Luật Di sản văn hóa

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law enacting the legal text on 03 June 2008;

Pursuant to the law on cultural heritage of 29 June 2001 and the law amending and supplementing a number of articles of the law on cultural heritage on June 18, 2009;

Pursuant to the law the emulation, commended on November 26, 2003;

Considering the recommendation of the Minister of culture, sports and tourism, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailed rules to protect and promote the value of intangible cultural heritage; the protection and promotion of the value of historical-cultural attractions; Managing artifacts, relics, national treasures; Organization and operation of the Museum; the reward for the Organization, individuals discover and deliver artifacts, antiques, national treasures.

Article 2. Cultural heritage and intangible cultural heritage object 1. Intangible cultural heritage including: a) the voice, the written word;

b) folk literature;

c) folk performing art;

d) social customs and beliefs;

traditional festivals);

e) traditional craftsmanship;

d) folk knowledge.

2. cultural heritage objects include: a) historic-cultural attractions, (hereinafter the monuments);

b) artifacts, relics, national treasures.

Article 3. The State's policy on the protection and promotion of the cultural heritage values 1. Build and execute the program objectives the conservation of cultural heritage.

2. Reward institutions, individual achievements in protecting and promoting the cultural heritage value; review awarded State honors and implement preferential policies on spiritual and material for artisans, artists and popular industry holding traditional art, secret careers have special value.

3. apply research achievements of science and technology on the following activities: a) exploration, archaeological excavations; preservation, restoration, embellished and promote the value of monuments;

b) appraise, manage collections, preservation of artifacts, tweaking, innovation in content, form and exhibit the Museum's educational activities;

c) collections, storing and disseminating valuable intangible cultural heritage; establishment of the data bank on the intangible cultural heritage.

4. training, fostering professional staff in the field of protection and promotion of the cultural heritage value.

5. Encourage and facilitate for organizations and individuals in the country and abroad contribute about spiritual and material or directly involved in the protection and promotion of the cultural heritage value.

6. Expand the forms of international cooperation in the field of protection and promotion of the cultural heritage value; construction and implementation of the project of international cooperation under the provisions of the law.

Article 4. These violations of falsifying or destroying the cultural heritage 1. The acts of falsifying relics: a) to alter the original elements constitute the monument as bringing more, relocation, changing exhibits in the ruins or restoration, recovery is not true to the original element constitutes the ruins and the other acts as the competent State Agency on culture , sports and tourism, propaganda, introduce distortions about the contents and value of monuments;

b) changed the landscape of the environment such as, breaking rocks, digging, unauthorized construction and other bad behavior to the ruins.

2. The behaviors that cause risk of damage or reduce the value of intangible cultural heritage: a) popular and misleading practice content non-object cultural heritage;

b) arbitrarily put the new element does not match the value reduces the intangible cultural heritage;

c) taking advantage of the advocacy, disseminate, perform, teach non-object cultural heritage to benefit axis and perform other acts contrary to law.

3. The following cases are considered unauthorized digging archaeological: a) arbitrarily digging, looking for artifacts, relics, national treasures in the area of protection of monuments and archaeological plan in place as resident only buried tomb, mobile, workshop fabrication tools, ramparts and the other archaeological;

b) arbitrarily search, salvaged the relics, artifacts, national treasures also sank under the water.

Chapter II PROTECTION and PROMOTE the VALUE of INTANGIBLE CULTURAL HERITAGE article 5. Selection criteria non-object cultural heritage for inclusion in the directory of intangible cultural heritage of countries 1. Are represented, showing the identity of the local community.

2. The reflection of cultural diversity and human creativity, is succeeded through generations.

3. Have the ability to recover and survive long.

4. Be positive, voluntary community nominated and is committed to protect.

Article 6. Selection criteria and procedures, procedures to profile non-object cultural heritage embodies suggest educational institutions, science and culture of the United Nations put on the list of intangible cultural heritage of humanity and the representative list of intangible cultural heritage in need of urgent protection 1. Intangible cultural heritage typical of choice according to the following criteria: a) is the cultural heritage of Africa have been put on the list of cultural heritage of the national intangible;

b) Have special value on the history, culture, science;

c) expressing the cultural identity unique tradition and is the basis for the creation of new cultural values;

d) Have the scope and level of influence nationally and internationally about the history, culture, science;

DD) meets the selection criteria of the education, science and culture of the United Nations (UNESCO).

2. The procedures to profile non-object cultural heritage: a) a base directory of intangible cultural heritage of the nation and the criteria specified in paragraph 1 of this article, the Chairman of the provincial people's Committee, the central cities (hereafter referred to as the Chairman of the provincial people's Committee) where the intangible cultural heritage has sent text Minister of culture, sports and tourism to suggest to the Minister of culture, sports and tourism of the review, the Prime Minister allowed to profile non-object cultural heritage embodies the UNESCO.

In the case of African cultural heritage found objects that are not yet eligible for submission to UNESCO, the Minister of culture, sports and tourism respond in writing within 30 days from the date of the proposal;

b) after the permission of the Prime Minister, Chairman of the provincial people's Committee organized to profile non-object cultural heritage typical and submitted to the Ministry of culture, sports and tourism;

c) Minister of culture, sports and tourism in collaboration with the Minister of Foreign Affairs and the ministries concerned organised evaluation and recommendations of the Council of national cultural heritage have the comments on the record. The Board of the national cultural heritage conducts evaluation and comments in writing within 30 days from the date of the record;

d) Minister of culture, sports and tourism is the prime consideration and decision.

After being approved by the Prime Minister, the Minister of culture, sports and tourism in collaboration with the Minister of Foreign Affairs improve the procedures to submit to UNESCO records as prescribed.

3. Profile non-object cultural heritage embodies the Prime Minister include: a) the suggested text of communities or individuals holding non-object cultural heritage and the text proposed by the Chairman of the provincial people's Committee;

b) records the heritage typical intangible was established under the provisions of UNESCO;

c) due diligence documents of the Board of the national cultural heritage;

d) text of Minister of culture, sports and tourism of the Prime Minister.

4. Minister of culture, sports and tourism and the Minister of Foreign Affairs is responsible for the Prime Minister to report and inform the Chairman of the provincial people's Committee and the community or individuals holding non-object cultural heritage of UNESCO's decision with respect to the intangible cultural heritage.

Article 7. Encourage the maintenance, development and restoration of traditional craftsmanship typical valuable State encourage the maintenance, restoration and development of traditional crafts through the following measures: 1. Investigation, classification of traditional crafts within the country; support for the maintenance and restoration of the traditional craftsmanship typical valuable or risk disappeared, lost;

2. Create favorable conditions for the exploitation and use of traditional materials;

3. Has the policy to encourage and support the use of the method, the traditional craft techniques;

4. promote the promotion of traditional craft products in domestic and foreign markets in many forms;

5. Promote and create favorable conditions for the dissemination and teaching of technical skills to the traditional craftsmanship typical valuable;

6. incentive policies on taxation for the activities maintain, restore and develop traditional crafts are typical value under the provisions of tax legislation.

Article 8. The authority for the licensing procedures and Vietnam settled abroad, foreign individuals, institutions conducting research, collecting non-object cultural heritage in Vietnam 1. The Ministry of culture, sports and tourism and the Department of culture, sports and tourism is the State Agency has the authority to license research, collected non-object cultural heritage in Vietnam.

2. licensing procedure research, collected non-object cultural heritage shall be as follows: a) the Vietnam People settled abroad, organizations, foreign individuals, collected research, please send the enclosed application scheme stating the purpose, duration, and Vietnam partners involved in research cultural heritage, collected non-object to the Director of the Department of culture, sports and tourism. In the case of geographical research, collection ranges from two provinces, central cities and over the application must be sent to the Minister of culture, sports and tourism;

b) within a period of 30 days from the date of receipt of the application, the Minister of culture, sports and tourism or the Director of the Department of culture, sports and tourism is responsible for licensing review; the case refused to clearly state the reason in writing.

Article 9. The title of people's artist, artisan of excellence


1. standard of review awarded the title of people's artist, elite artisans made according to the provisions of article 3 of the law on amendments and supplements to some articles of the law on cultural heritage.

2. The Ministry of culture, sports and tourism, in coordination with the Ministry of the Interior detailing this clause 1 and the processes, procedures, send resumes to review awarded the title of people's artist, artisan of excellence.

Article 10. Remuneration policy for people's artisans, artisans of excellence 1. Craftsman elite artisans, people are entitled to the following remuneration policies: a) Are funding support and create favorable conditions of space, to organize the activities taught, creativity, performances, exhibits, product introduction;

b) be reduced or duty-free for protecting and promoting the value of intangible cultural heritage under the provisions of tax legislation;

c) Are monthly living allowances and other incentives if there is low income, disadvantaged.

2. The Ministry of culture, sports and tourism chaired in collaboration with the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of health and the ministries concerned to enact the policy prescribed in paragraph 1 of this article.

Chapter III SAFEGUARD and PROMOTE the VALUE of article 11. Classified monuments based on criteria prescribed in clause 9 Article 1 of law amendments and supplements to some articles of the law on cultural heritage and article 28 the law on cultural heritage, monuments are classified as follows: 1. Historical monuments (Memorial monuments, Memorial Monuments event notability);

2. Architecture art;

3. Archaeological;

4. Landscape.

Article 12. Inventory of 1. The inventory of monuments are made according to the criteria prescribed in clause 9 Article 1 of law amendments and supplements to some articles of the law on cultural heritage and item 2 Article 28 of law cultural heritage.

2. The Chairman of the provincial people's Committee directs the Director of the Department of culture, sports and Tourism Organization inventory of monuments, the Chairman of the provincial people's Committee approval, announced the list of inventory.

Article 13. Establishment of the scientific record to rank of 1. Regulatory base in the ruins ranked 10, 11 and 12 article 1 of law amendments and supplements to some articles of the law on cultural heritage, the Director of the Department of culture, sports and tourism is responsible for the scientific establishment to rank of the State Agency has the authority to review the ratings , the proposal rated monuments according to the authority.

2. the scientific record to rank monuments include: a) petition the rank of the Organization, the individual is owner or assigned management of monuments;

b) of history;

c) location map and directions to the ruins;

d) drawings of the premises of the national overall 1/500, the floor, the facade, the cross-section, vertical cut, texture and architectural details are typical of carvings of the ratio 1/50;

DD) colour photo reference describes the relics, artifacts, antiques, treasures in national monuments from size 9 cm x 12cm;

e) statistical artifacts, antiques, treasures in national monuments;

g) A slamming, translating sentences, beer, great character and Han documents or documents with the other language categories are in ruins;

h) minutes of zoned and map the areas of protection of monuments with confirmation of the people's committees of all levels, the State Agency's authority on the environmental resources and the Department of culture, sports and tourism;

I) the Sheet about the ranking of relics as defined in paragraph 12 article 1 of law amendments and supplements to some articles of the law on cultural heritage.

The Minister of culture, sports and Tourism Guide and detailed scientific records content to rank the relics.

Article 14. The rule defines the scope and gender demarcation of protected areas 1. The determination of the area of protection of monuments provided for in Article 13, paragraph 1 the law amending and supplementing some articles of the law on cultural heritage was made according to the following principles: a) for construction works are monuments, places associated with historical events, biography and career of celebrity, the scope of protected areas must include the public buildings, places, marked the event's history, the Memorial works in association with notability concerning monuments;

b) for archaeological ruins is the scope of protected areas I have to include the area discovered the relics, artifacts, terrain, scenery is related directly to the living environment of the subject has created so that archaeological sites;

c) for populations of ruins is the architectural works of art or a single architecture, the scope of protected areas I have to include the areas of buildings, courtyards, gardens, ponds, lakes and all the other elements relevant to the ruins;

d) for landscape protection area scope then I must guarantee for keeping the integrity of the natural landscape, topography, geomorphology and other geographic factors contain biological diversity and unique ecosystem, the physical traces of the stage of development of the Earth or the architectural works related to places that scene.

For monuments include several buildings, locations are distributed widely to identify protected areas for each of the buildings, location.

2. Protected areas II is the area surrounding or adjacent to protected areas I to protect the landscape and the environment-ecology of the ruins and is the area allowed to build public works serves the protection and promotion of the value of monuments.

The determination of no protected areas II is applicable in the case of monuments that are located in residential areas or adjacent to the building that cannot relocate.

3. The gender demarcation of protected areas to ensure the following principles: a clear delineation of the boundary) protected areas of contiguous area on field according to a zoned and map the areas of protection of monuments in profile rated monuments;

b) landmarks are made with sustainable materials and put in place readily;

c) the shape, the color, the size should match the landmark environmental, landscape of ruins and does not affect the original elements constitute relic.

Chairman of the provincial people's Committee is responsible for organizing the demarcation.

Article 15. Competence evaluation of improvement projects, building construction likely adverse relics When renovating project appraisal, building located outside the protected areas of the monuments that have the ability to adversely affect monuments, are of the opinion the written assessment of the Director of the Department of culture , Sports and travel for the provincial monuments, the Minister of culture, sports and travel for national monuments and national monuments.

Article 16. The Organization was probing, Archeological excavations of 1. Archaeological research organs of the State.

2. The University has a Department of archaeology.

3. Museums and relics Management Committee of State functions to the archaeological research.

4. the functions of the Central archaeological research article 17. Archaeological planning 1. The object is put into the planning of local archaeology is the archaeological site in the ground and under water, is where have discovered relics, artifacts or signs is where kept relics, valuable relics of history, culture and science.

2. archaeological planning must be the following: a) the location and name of the archaeological;

b) information science on the relics, artefacts discovered in archaeological and scientific bases and signs of the existence of monuments, artefacts in archaeological;

c) boundaries, the archaeological area;

d) planned exploration, archaeological excavations;

DD) option to protect and promote archaeological value;

e) resources make planning.

3. archaeological planning and records the order and procedure for establishment, archaeological plans made under the provisions of the law on planning and regulation in clause 18 article 1 of law amendments and supplements to some articles of the law on cultural heritage.

4. Base the results of research, exploration, archaeological excavations, the Director of the Department of culture, sports and tourism regularly reviewing, recommending people's Committee Chairman granted the planned adjustment.

The adjustment of the planning of the people's Committee Chairman granted the province must be agreed in writing by the Minister of culture, sports and tourism.

Chapter IV MANAGEMENT of ARTIFACTS, RELICS of NATIONAL TREASURES, Article 18. Receive and manage artifacts, relics, national treasures by the exploration, excavation or by organizations, individuals, delivered 1. All artifacts, relics, national treasures in the ground in the Mainland, Islands, in the internal waters, territorial sea, exclusive economic zone and the continental shelf as defined in article 6 of law cultural heritage, when discovered or found are all owned by the State under the provisions of civil legislation.

2. The Director of the Department of culture, sports and tourism is responsible for organizing the reception of relics, antiques, national treasures to temporarily enter the repository preservation of Provincial Museum where discovered artifacts, antiques, national treasures as defined in paragraph 20 article 1 of law amendment supplementing a number of articles of the law on cultural heritage.

3. organizations and individuals deliver artifacts, antiques, national treasures are rewarded and receive a bonus under the provisions of article 33 of this Decree.

Point 19. Register artifacts, antiques, treasures of countries 1. The Director of the Department of culture, sports and tourism is responsible for registration organize artifacts, antiques and national treasures, the annual report to the Minister of culture, sports and tourism of the outcome register artifacts, antiques, local national treasures.

2. The Director of the Department of culture, sports and tourism has the responsibility of receiving notice of the transfer of ownership of the Organization's national treasures, personal property that national treasures and timely report to the Minister of culture, sports and tourism.

Article 20. Bring artifacts, antiques, country treasures abroad to display, exhibition, research, or preserve 1. To relics, antiques: a) the relics, artifacts belonging to the National Museum by the Minister of culture, sports and tourism to allow as proposed in writing by the Director of the Museum;


b) artifacts, artifacts in the Museum in specialized ministries, political organization, social-political organizations at Central and specialized museums in the subdivisions ministries, political organization, social-political organizations at Central by the Minister of culture, sports and tourism to allow as proposed by the Secretary , head, political organization, social-political organizations at Central;

c) artifacts, artifacts in the Museum by the provincial Minister of culture, sports and tourism to allow as proposed by the Chairman of the provincial people's Committee;

d) artifacts, relics owned by the Minister of culture, sports and tourism to allow as proposed in writing by the Director of the Department of culture, sports and tourism on the basis of the application of the owner of the artifacts, antiques.

2. for national treasures: a) national treasures in the National Museum by the Prime Minister for allowing the proposal of the Minister of culture, sports and tourism;

b) national treasures in the Museum in specialized ministries, political organization, social-political organizations at Central and specialized museums in the subdivisions ministries, political organization, social-political organizations in Central Government by the Prime Minister for allowing the proposal written by the Minister of , head, political organization, social-political organizations at central after the comments agreed in writing by the Minister of culture, sports and tourism;

c) national treasures in the Provincial Museum, national treasures owned by Prime allows the proposal written by the Chairman of the provincial people's Committee after comments agree in writing of the Minister of culture, sports and tourism.

3. The insurance of artefacts, antiquities, national treasures taken to exhibiting, exhibition, research or preserved due to the parties according to international customs agreements and international treaties to which Vietnam signed or joined.

4. The transport, temporary export, import and temporary import re, re-exported relics, artifacts must comply with the provisions of the customs legislation and the provisions of relevant laws.

Article 21. The authority licensing procedure, bringing artifacts, antiques abroad 1. Bringing artifacts, antiques are not state-owned, possessed of political organization, social-political organizations abroad must have a permit of the Minister of culture, sports and tourism.

2. The Minister of culture, sports and tourism licenses carry relics, antiquities abroad.

Within 30 days from the date of the application and related documents, the Minister of culture, sports and tourism. The case refused to clearly state the reason in writing.

3. licensing procedure brought relics, antiques abroad: a) Has a petition to allow sending the Minister of culture, sports and tourism;

b) Have a certificate of transfer of ownership of the former owners;

c) registration records relics, antiques.

4. Minister of culture, sports and tourism of forth kind artifacts, antiques are not carried out abroad.

Article 22. Complaints, accusations about relics, antiques when doing the procedure carried out by foreign artifacts, antiques are in the process of requesting permission bringing abroad that have complaints, accusations, personal organization carry relics, antiques abroad is not the legal owner or the relic antiques are the dispute brought relics, antiques abroad must pause to consider settlement as stipulated by the law on complaints and denunciation.

During the period of 30 days from the date of receiving complaints, accusations, without determining the owner of artefacts, antiquities is illegal or is being disputed, the relics, artifacts are carried out abroad after completion of the procedure for requesting permission.

Article 23. The authority for licensing replication of artifacts, relics, national treasures 1. Director of Department of cultural heritage of licensing replication of artifacts, relics, national treasures in the national monuments, the National Museum, the Museum of the Ministry of industry, the professions, political organization, social-political organizations at Central and specialized museums in the unit directly branches, political organization, social-political organizations in Central.

2. The Director of the Department of culture, sports and tourism licensing replication of artifacts, antiques; national treasures in the national monuments, monuments, museums provincial provincial and private property.

Based on the purpose of replication of artifacts, relics, national treasures, the licensing authority decides the number of copies to be made.

Article 24. Operations management purchasing and selling artifacts, antiques, treasures of countries 1. State operations manager buy sell artifacts, relics, national treasures and create conditions to organizations, individual business, buying and selling artifacts, relics, national treasures.

The business artifacts, relics, national treasures must comply with the provisions of the law on cultural heritage, business law, tax law and the provisions of other relevant laws.

2. State protection of the sales of the artifacts, antiques, treasures for national relics, antiques, national treasures that have been registered under the provisions of the law on cultural heritage; to facilitate the Organization, individuals perform transfer of ownership for the artifacts, relics, registered national treasures and register for artifacts, antiques, national treasures buy sell legal origin not registered.

3. Prohibit buying and selling artifacts, relics of illegal origin.

4. Prohibit the unauthorized sale of artifacts, relics, national treasures to bring abroad.

Article 25. Organization and operation of the store artifacts, antiques, treasures of countries 1. Shop owners buying and selling artifacts, relics, national treasures must meet the following conditions: a) Is Vietnam's citizens have permanent address in Vietnam;

b) Have professional business buying and selling artifacts, relics, national treasures;

c) Have sufficient store area suitable for exhibiting artifacts, relics, national treasures;

d) have adequate means of exhibiting, preserving and protecting relics, antiques, national treasures.

2. Operation of the store artifacts, relics, national treasures must comply with the following provisions: a the sale Only) artifacts, antiques, treasures of legitimate origin countries;

b) Only purchase a copy of artifacts, antiques, the Organization's national treasures, licensed individuals do copy by the competent State agencies stipulated in article 23 of this Decree;

c) for a copy of artifacts, antiques, national treasures when the Gallery to purchase must clearly be a copy;

d) made and guide the procedures necessary to conduct buyer registration artifacts, antiques, treasures of the country or apply for a license to bring artifacts, antiques, treasures to foreign countries for the artifacts, relics, national treasures in the category are allowed to bring abroad under the provisions of the law on cultural heritage;

DD) implementation of the provisions of the law on the books register artifacts, relics, national treasures buy into and sold books, financial accounting and tax obligations.

Article 26. Conditions, the jurisdiction and procedures of certification of practice buying and selling artifacts, antiques, treasures of countries 1. Conditions for grant of a certificate of practice of buying and selling artifacts, relics, national treasures: a) Have expertise or knowledge of artefacts, antiquities, national treasures;

b) are Not prohibited during practice or do work relating to cultural heritage according to the decision of the Court, not being prejudice criminal liability, are not in the criminal probation time or probation administration.

2. Public servants are working in the cultural heritage sector are not allowed to open shops selling antiques, relics, national treasures.

3. certificate authority practice for shop owners buying and selling artifacts, relics, national treasures: the Director of the Department of culture, sports and tourism certificate of practice for shop owners buying and selling artifacts, relics, national treasures.

During the period of 30 days from the date of receipt of a valid application for a certificate of practice for shop owners buying and selling artifacts, relics, national treasures, the Director of the Department of culture, sports and tourism granted the certificate. The case refused to clearly state the reason in writing.

4. the procedure for certification of practice for shop owners buying and selling artifacts, relics, national treasures: a) the shop owner must submit the application for certificate of practice of buying and selling artifacts, relics, national treasures to the Department of culture, sports and tourism;

b) application for certificate of practice of buying and selling artifacts, relics, national treasures including: application for certification;

Legitimate copies of the relevant professional qualification;

Curriculum vitae confirmed by the people's committees of communes, wards and towns where residents.

Article 27. The Organization auctioned artifacts, antiques, treasures of countries 1. Organization, auction personal artifacts, relics, national treasures must do the registration procedures with the Department of culture, sports and tourism on local auction directory and must be permitted by the Chairman of the provincial people's Committee.

2. The organization auctioned artifacts, relics, national treasures are made according to the provisions of civil legislation.

Chapter V ORGANIZATION and OPERATION of the MUSEUM Article 28. The authority confirmed the conditions of establishment and operation of museums 1. The Minister of culture, sports and tourism confirmed the conditions for the establishment of the National Museum, the Museum of the Ministry of industry, the professions, political organization, social-political organizations at Central and specialized museums in the subdivisions ministries, political organization, social-political organizations in Central.

2. The Director of the Department of culture, sports and tourism confirmed the conditions for the establishment of the Provincial Museum and the conditions to be granted a license to operate for the public outside the Museum.

3. within 30 days from the date of receipt of a valid application, the Minister of culture, sports and tourism, the Director of the Department of culture, sports and tourism is responsible for confirming the conditions established and was granted a license to operate the Museum.

Article 29. Rated Vietnam Vietnam Museum Museum is rated as follows: 1. The Museum's class I;

2. The Museum, class II;

3. class III Museum.

Article 30. Standard rated museums


1. The Museum I must achieve the following criteria: a) has enough documents, artifacts on display consistent with the object and scope of the activities of the Museum, which has at least 5 collection of documents, artifacts and rare; from full 90% the total number of documents, artifacts or over were the science inventory;

b) 100% of the total number of documents, artifacts preserved periodically, prevention and preservation has the practice of preserving therapy;

c) have exhibited and every year at least 3 thematic exhibits; regularly open the gallery serves the public;

d) Have sustainable architecture and technical infrastructure, ensuring appropriate for the preservation, display documents, artifacts specified in point a point b, point c of paragraph 1 of this article and the other regular activities of the Museum;

100% of public officials), employees, employees do have the expertise levels consistent with the object and scope of the activities of the Museum.

2. The Museum's class II must achieve the following criteria: a) has enough documents, artifacts on display consistent with the object and scope of the activities of the Museum, which has at least 3 collection of documents, artifacts and rare; from enough 80% the total number of documents, artifacts or over were the science inventory;

b) 100% of the total number of documents, artifacts were preserved and preventive maintenance;

c) have exhibited and every year there are at least 2 thematic exhibits; regularly open the gallery serves the public;

d) Have sustainable architecture and technical infrastructure, ensuring appropriate for the preservation, display documents, artifacts specified in point a, point b, point c, paragraph 2 of this Article and the other regular activities of the Museum;

DD) From enough 80% of public servants, officers, employees made up of specialised university level consistent with the object and scope of the activities of the Museum.

3. class III Museum must achieve the following criteria: a) has enough documents, artifacts on display consistent with the object and scope of the activities of the Museum, which has at least 1 collection, documentation of rare artifacts; from enough 70% the total number of documents, artifacts or over were the science inventory;

b) 100% of the total number of documents, artifacts preserved periodically;

c) have exhibited and every year at least one thematic exhibits; regularly open the gallery serves the public;

d) Have sustainable architecture and technical infrastructure, ensuring appropriate for the preservation, display documents, artifacts specified in point a, point b, point c of paragraph 3 of this article and the other regular activities of the Museum;

DD) From enough 60% of public servants, officers, employees made up of specialised university level consistent with the object and scope of the activities of the Museum.

Article 31. Jurisdiction, procedures and records rated museums 1. The authority ranking museums are specified as follows: a) the Minister of culture, sports and tourism rank the I class for Museum the National Museum, the Museum of the Ministry of industry, the professions, political organization, social-political organizations in Central, specialized museum in subdivisions of the Ministry industry, organizations, politics, socio-political organizations at Central, Provincial Museum, the Museum of non on the basis of the proposal of the head of the Museum and the written opinion of the Ministers, heads of departments, political organization, social-political organizations in Central or of the Chairman of the provincial people's Committee;

b) heads of ministries, political organization, social-political organizations at Central and Chairman of the provincial people's Committee decision rated class II and class III Museum on the basis of the proposal of the head of the Museum and of the comments agreed in writing by the Minister of culture , Sports and travel.

2. The procedure specified Museum rank as follows: a) the rating procedure I Museum for the Museum of the I class, the head of the Museum, the Minister, who heads the political organization, industry, social-political organizations in Central or the Chairman of the provincial people's Committee sent the proposal text profile, rated the Museum to the Minister of culture, sports and tourism.

Within 30 days from the date of the proposed text and records rated Museum, Minister of culture, sports and tourism is responsible for the evaluation and the Organization decided the rated Museum.

b) procedure rated class II and class III Museum for the Museum in specialized ministries, political organization, social-political organizations in Central, the head of the Museum must submit proposed text and records rated museums to Ministers, heads of departments, political organization , social-political organizations in Central.

For the Museum in the specialized subdivisions, departments, political organization, social-political organizations in Central, the head of the Museum must submit proposed text and records rated museums to the head of the Agency, held the direct owner of the Museum. For the Provincial Museum and the Museum in addition to public, the head of the Museum must submit proposed text and records rated museums to the Director of the Department of culture, sports and tourism.

Within 30 days from the date of the proposed text and records rated museums, the head of the Agency, the governing organization of professional Museum in the subdivisions ministries, political organization, social-political organizations at Central is responsible for reviewing the decision to send the suggested text and records rated museums to Ministers, heads of departments, political organization, social-political organizations at Central; The Director of the Department of culture, sports and tourism is responsible for the review, the decision to send the suggested text and records rated museums to people's Committee Chairman.

Within 30 days from the date of the proposed text and records rated museums, Ministers, heads of departments, political organization, social-political organizations in Central or the Chairman of the provincial people's Committee has the responsibility to organize the evaluation rated Museum.

Within a period of 30 days from the date of the evaluation results, the Minister, who heads the political organization, industry, social-political organizations in Central or the Chairman of the provincial people's Committee has the responsibility to send the suggested text and records rated museums to the Minister of culture , Sports and travel.

Within 30 days from the date of the proposed text and records rated Museum, Minister of culture, sports and tourism is responsible for consideration and agreement.

Within a period of 30 days from the date of the opinion agrees in writing of the Minister of culture, sports and tourism, the Minister, who heads the political organization, industry, social-political organizations in Central or the Chairman of the provincial people's Committee has the responsibility to make decisions rated Museum.

3. ranking profile comprises: a) the suggested text rated the Museum's head of museums;

b) text proposed by the Ministers, heads of departments, political organization, social-political organizations in Central or the Chairman of the provincial people's Committee;

c) reports the current state of the Museum the Museum ranked standard prescribed in article 30 of this Decree and other relevant documents.

Article 32. Send the material cultural heritage, intangible artifacts, relics, national treasures into public museums or competent State agencies 1. The owner of the material non-object cultural heritage, artifacts, antiques, national treasures are sent the material cultural heritage, intangible artifacts, relics, national treasures into public museums or competent State agencies for the protection and promotion of the values in the following situations : a) the material cultural heritage, intangible artifacts, antiques, country-owned treasures are at risk of being lost or destroyed due to natural disaster, the enemy graphics;

b) no preservation repository, the equipment, the appropriate technical means;

c) do not have enough technical expertise to preserve;

d) does not have the conditions and ability to organize, display introduction the public service;

DD) agreed to a public museum or the competent State agencies use material non-object cultural heritage, artifacts, antiques, treasures to uphold national values.

2. the competent State agencies receiving the submitted material on non-object cultural heritage, artifacts, antiques, national treasures include: a public Museum);

b) State Bank or the State Treasury in the case of artifacts, relics, national treasures made of gold, silver, precious stones, diamonds or coins;

c) specialized research institutions are eligible for the protection of cultural heritage material non-object.

3. public museum or a State agency authorized to receive material on intangible cultural heritage, artifacts, antiques, national treasures are responsible to keep the secret about the name and address of the owner sent in case the owner will be required.

4. Send and receive send material cultural heritage, intangible artifacts, relics, national treasures are made in the form of contract submitted to keep the assets under the provisions of civil legislation.

The Minister of culture, sports and tourism specific profiles and rules of procedures to send material on non-object cultural heritage, artifacts, antiques, national treasures.

Chapter VI REWARDS for organizations, INDIVIDUALS DISCOVER and DELIVER ARTIFACTS, ANTIQUES, 33 National TREASURES. Rewarded the Organization, individuals discover and deliver artifacts, antiques, treasures of countries 1. Form of organisation reward individuals discovered artifacts, antiques, national treasures that promptly informed and voluntary Affairs submitted to the competent State agencies on culture, sports and tourism, then, depending on the value of artifacts, relics, national treasures are donated , posthumous honors, merit, medals or other forms of reward in accordance with current legislation.

2. Bonus level bonus levels for organizations, individuals have discovered or voluntarily provide artifacts, relics, national treasures are made according to the provisions of article 16 of Decree 96/2009/ND-CP on October 30, 2009 by the Government on the handling of the property were buried , being sank was discovered or found in the Mainland, the Islands and the waters of Vietnam.


Article 34. The authority and procedures, procedures for the compensation decision held, personal discovery, provide artifacts, antiques, treasures of countries 1. The Minister, who heads the political organization, industry, social-political organizations at Central People's Committee Chairman granted the province where public museum was the Minister of culture, sports and tourism communication receive artifacts, antiques, treasures by the national organization, personal detection , hand formed the Council valuation artifacts, antiques, national treasures in order to determine the value of artifacts, relics, national treasures.

2. Funding for the reimbursement of the costs of discovery, preservation and reward organizations and individuals detected, deliver materials, antiques, used national treasures from the State budget or other sources of income as determined by the Minister, the head of the industry, political organization , social-political organizations in Central or the Chairman of the provincial people's Committee where public museum was receiving, store artifacts, relics, national treasures.

Special circumstances, the Minister of culture, sports and tourism is responsible, in coordination with the ministries concerned to consider, the Prime Minister's decision.

3. The representative of the State Museum was receiving, store artifacts, antiques, national treasures are responsible for awarding bonuses for organizations, individuals discover and deliver according to the decision of the competent person specified in clause 2 of this Thing.

4. Minister of finance specifies the establishment of valuation Board artifacts, antiques, treasures and national procedures for the reimbursement of the costs of discovery, preservation and reward organizations and individuals discover and voluntarily delivered artifacts, relics, national treasures as defined in paragraph 1 of this article.

Chapter VII ENFORCEMENT PROVISIONS Article 35. Effect 1. The Decree has effect from January 6, 2011.

2. This Decree replaces Decree No. 92/2002/ND-CP dated 11 November 2002 from the Government detailing the implementation of a number of articles of the law on cultural heritage.

Article 36. Implementation the Minister of culture, sports and tourism is responsible for guiding, inspecting the implementation of this Decree.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.