LAW on amendments and supplements to some articles of the law on cultural heritage _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on amendments and supplements to some articles of the law on cultural heritage No. 28/2001/QH10.  
Article 1.
Amendments and supplements to some articles of the law on cultural heritage.
1. Paragraph 1 article 4 is modified and supplemented as follows: "1. intangible cultural heritage is of spiritual products tied to the community or individual, physical and cultural space related, historical value, culture, science, showing the identity of the community, are renewable and are handed down from generation to generation by oral tradition tv, occupations, performances and other forms. "
2. Addition of clause 14, 15 and 16 of article 4 as follows: "14. Inventory of cultural heritage activity is identified, determine the value and cultural heritage list.
15. the root element constitutes factored monuments have historic, scientific, cultural, aesthetic, showing characteristic of historical-cultural attractions.
16. The Museum is a cultural institution that functions collections, preservation, research, exhibition, cultural heritage, introducing physical evidence about nature, people and the living environment of the people, to serve the needs of research, study, and enjoyment of the public. "
3. Paragraphs 1, 4 and 5 article 13 be amended and supplemented as follows: "1. Appropriating, falsify historical-cultural attractions.
4. Purchase, sale, Exchange, improper transportation artifacts, antiques, treasures of historic-cultural attractions and relics, antiques, country treasures sourced illegally; unauthorised relics taken, antiques, treasures to foreign countries.
5. Take advantage of the protection and promotion of the cultural heritage value to the shaft, superstitious activities and perform other acts contrary to law. "
4. Article 17 is amended and supplemented as follows: "article 17 State protection and promote the value of intangible cultural heritage through the following measures: 1. Research, collection, inventory, classification of intangible cultural heritage;
2. The organization taught, popular, published, performed and restored the kind of intangible cultural heritage;
3. Encouraging and facilitating to organize, research, personal collections, keep, taught and introduced non-object cultural heritage;
4. Guidance to protect and promote the value of intangible cultural heritage as proposed by organizations, individuals holding non-object cultural heritage;
5. investment funding for protecting and promoting the value of intangible cultural heritage, to prevent the risk of do mai a lost cultural heritage, intangible. "
5. Article 18 is amended and supplemented as follows: "article 18 1. Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) organize inventory of intangible cultural heritage in local and selected, set the scientific record to suggest that the Minister of culture, sports and tourism brought in the category non-object cultural heritage of countries.
2. The Minister of culture, sports and Tourism decided to publish the list non-object cultural heritage and national certification of intangible cultural heritage was put in the category non-object cultural heritage of countries.
In the case of intangible cultural heritage has been put into the category non-object cultural heritage of countries which have identified unqualified then the Minister of culture, sports and Tourism decided to take out the category non-object cultural heritage of countries.
3. The Minister of culture, sports and tourism of forth details in clause 1 of this article. "
6. Article 21 is amended and supplemented as follows: "article 21 of the State to protect and develop the voice, the written word of the peoples of Vietnam through the following measures: 1. Research, collections, kept writing, voice of the peoples of the community; issued a rule transcribed voice of the peoples not yet literate; There is special protection measures for the voice, the written word has the danger of mai a;
2. Teach voice, writing for the minority officers, servants, employees, officers and soldiers of the people's armed forces in the region of ethnic minorities according to the job requirements; teach voice, writing for the minority ethnic minority students under the provisions of the law on education; publication of books, newspapers, radio programs, television, the stage, the by minorities;
3. Promulgation of the legal text, organizing propaganda information activities to protect the in light of Vietnamese and Vietnamese development. "
7. Article 25 be amended and supplemented as follows: "article 25 the State facilitates the maintenance and promotion of the cultural values of traditional festivals through the following measures: 1. Create favorable conditions for the Organization of the Festival;
2. Encourages the Organization of cultural activities, cultural folk traditions associated with the Festival;
3. Restored selectively to the traditional festivals ritual;
4. Encourage the Guide, widely popular in the country and abroad about the source, the content of traditional values, typical of the Festival. "
8. Article 26 is amended and supplemented as follows: "article 26 1. State honor and for remuneration policies had excellent talent artist, holding and have the defending and promoting the value of intangible cultural heritage through the following measures: a) Awarded, posthumously, the title of honor of the State and perform other forms of honor;
b) facilitate and support funding for innovative activities, performances, exhibits, products of the craftsman;
c) monthly living allowances and other incentives for individuals have been awarded the title of honored low-income State, difficult circumstances.
2. The Government issued the VUs for artisan specified in point b and point c of paragraph 1 of this article. "
9. Article 28 paragraph 1 be amended and supplemented as follows: "1. the historical-culture must have one of the following criteria: a) construction, location associated with historical events, culture typical of local or national;
b) buildings, places associated with the life and career of the hero, celebrities, historical figures have a positive influence on the development of local or national in the historical era;
c) archaeological locations have typical values;
d) works of architecture, art, architecture, architectural and urban places of residence has typical values for one or more phases of development architecture, art. "
10. Article 29 is amended and supplemented as follows: "article 29 of historical-cultural attractions, (hereinafter referred to as the monument) was rated as follows: 1. provincial relics are valuable relics of the local, including: a) construction, location marked events important milestones, of local or attached with had a positive influence on the development of the local in the historical era;
b) works of architecture, art, architecture, architectural and urban places of residence are valuable local in scope;
c) archaeological value in scope;
d) natural scenery or location has the combination of natural landscapes with architectural works, valuable art in the local scope.
2. National Monument is valuable monuments of the country, including: a) construction, location, marking the event, important historical milestone of the nation or tied to a national hero, celebrity, political activist, culture, art, science has an important influence on famous for historical process of the nation;
b) works of architecture, art, architecture, architectural and urban places of residence has typical values in the development stages of the architecture, the art of Vietnam;
c) archaeological locations have featured values mark the stages of development of the archaeological culture;
d) beautiful natural landscapes or places have the combination of natural landscapes with architectural, artistic or valuable nature areas of science in geology, geomorphology, geography, biodiversity, unique ecosystems.
3. a special national monument is particularly valuable monuments typical of the country, including: a) construction, location associated with that event marked the turning point is particularly important in the history of the nation, or tied to a national hero, the typical celebrity has tremendous influence to the process of national history;
b) works of architecture, art, architecture, architectural and urban places of residence has a special value to mark the stages of development of the architecture, the art of Vietnam;
c) archaeological locations have featured values mark the stages of development of important archaeological culture of Vietnam and the world;
d) famous natural scenery or location has the combination of natural landscapes with architectural works, art has the special value of country or valuable nature areas of geology, geomorphology, geography, biological diversity and ecosystems characteristic of the famous Vietnam and the world. "
11. Article 30 paragraph 1 be amended and supplemented as follows: "1. Jurisdiction to decide ranking monuments are specified as follows: a) the Chairman of the provincial people's Committee decision of provincial rank, level by provincial relics rank;
b) Minister of culture, sports and tourism rank national monuments, granted by national ranking;
c) Prime Minister's decision to rank the special national monuments, granted by national ranking; the decision to recommend the Organization of education, science and culture of the United Nations to consider bringing the relics of Vietnam into the World Heritage list. "
12. Article 31 is amended and supplemented as follows: "article 31 ranking procedure monuments are specified as follows: 1. The President of the people's Provincial Committee held in local heritage inventory and selection of the scientific establishment to decide ranking provincial relics; the Minister of culture, sports and tourism rank national monuments.

2. The Minister of culture, sports and tourism of directing scientific record-setting process the Prime Minister decided to rank the special national monument, founded the scientific profile of the Vietnam's Prime Minister decided to propose the Organization of education, science and culture of the United Nations to consider putting on the World Heritage list.
Record the Prime Minister must have the written evaluation comments of the Board of the national cultural heritage. "
13. Article 32 be amended and supplemented as follows: "article 32 1. The relics protection area including: a) protected areas I is the original elements constitute relic;
b) protection zone II is the region surrounding or adjacent to protected areas i. in cases not identified protected areas II, then the determination of only the protected areas of I with respect to provincial relics by the Chairman of the provincial people's Committee decided, with regard to national monuments by the Minister of culture Sports and tourism, decided, with regard to special national monument by the Prime Minister to decide.
2. The protected areas defined in paragraph 1 of this article shall be the competent State bodies identified on maps, in a zoned protection of relics and records must be gender demarcation.
3. Protected areas I should be defending the status quo on the ground and in space. Special cases require direct construction serves the protection and promotion of the value of, the building must be agreed in writing by the authorized person that ruins ratings.
The build works to protect and promote the value of protected areas II for provincial relics must be agreed in writing by the Chairman of the provincial people's Committee, for national monuments and national monuments in particular must be agreed in writing by the Minister of culture , Sports and travel.
The construction works specified in this clause are not affecting the original elements composed of monuments, natural landscape and eco-environment of relic. "
14. paragraph 4 supplements Article 33 as follows: "4. The buildings, places, landscapes, natural areas have criteria as specified in article 28 of this law, has been the provincial people's Committee put in the inventory list of local monuments, is protected under the provisions of this law.
At least five years, the provincial people's Committee of your organization and the decision taken out of the inventory list of monuments of the local buildings, places, landscapes, natural areas not eligible for rated monuments. "
15. Article 34 is amended and supplemented as follows: "article 34 1. The preservation, restoration, restoration of monuments must ensure the following requirements: a) preserve maximum root elements constitute relic;
b) planning project, the State Agency has the authority for approval, except in cases of minor repairs not affecting the original elements constitute relic. With respect to provincial relics, must be agreed in writing by the competent authority on culture, sports and tourism; for national monuments and national monuments in particular, must be agreed in writing by the Minister of culture, sports and tourism;
c) publicize the planning, the project has been approved locally where there are ruins.
2. organizations, personal planning, chaired the project or the host implementation, supervision of project maintenance, renovation and restoration of the monuments must have qualified certificate of practice for organizations and practice for individuals.
3. Government Regulation Authority, order, procedures, planning, preservation, restoration projects, the restoration of monuments.
The Minister of culture, sports and tourism issued the regulation on preservation, restoration, restoration of monuments and the regulations of the certification of eligibility to practice, practice for the objects specified in paragraph 2 of this Article. "
16. Repeal of Article 35.
17. additional paragraph 3 Article 36 as follows: "3. The investor renovation project, where construction has affected the relic is responsible for coordinating and facilitating the competent State Agency on culture, sports and tourism oversees the process of renovating, building it."
18. Article 37 be amended and supplemented as follows: "article 37 1. Chairman of the provincial people's Committee to organize the master planning in local archaeology; approval and publication planning after the written consent of the Minister of culture, sports and tourism.
2. The investor renovation project, building in colonial archaeological planning is responsible for coordinating, facilitating the competent State Agency on culture, sports and Tourism conducts exploration, archaeological excavations before the project deployment and implementation work surveillance improvement process , construction.
3. In the process of renovating the building, which is seen likely to have relics, artifacts, antiques, treasures or national findings are relics, artifacts, antiques, national treasures, the project owner must suspend execution and timely notification to the competent State agencies on culture , sports and travel.
Upon receipt of the notification, the competent State Agency on culture, sports and tourism must take measures promptly to ensure the progress of construction. Case deems necessary to suspend construction at that location to protect the relics, the competent State Agency on culture, sports and Tourism shall report to the competent superiors decide.
4. In case of need organized exploration, archaeological excavations in places renovating, building construction, the cost of exploration, archaeological excavations are defined as follows: a) for buildings was renovated, built by the State's capital, the cost of the exploration, excavation is counted in the total capital invested of works;
b) for buildings was renovated, built not by the State's capital, the cost of the exploration, excavation are State level.
The Minister of finance in collaboration with the Minister of culture, sports and tourism guide of procedures and provision of funds for exploration, excavation for the cases specified in this paragraph. "
19. Article 38 be amended and supplemented as follows: "article 38 1. The probe, archaeological excavations were conducted only after the permission of the Minister of culture, sports and tourism.
2. In the case of archaeological sites are ruined or risk ruin, Chairman of the provincial people's Committee issued an emergency excavation permits and to report immediately to the Ministry of culture, sports and tourism. The time limit for the emergency excavation permit no more than 3 days from the date of the proposed text; case no license, must clearly state the reason in writing. "
20. Article 41 be amended and supplemented as follows: "article 41 1. All relics, artifacts collected during exploration, archaeological excavations or by individual organizations detect, deliver must be temporarily entered in the Provincial Museum where discovered. The Provincial Museum is responsible for receiving, managing and reporting to the Minister of culture, sports and tourism.
2. The base value and require the preservation of relics, antiques to the provisions in clause 1 of this article, the Minister of culture, sports and Tourism decided that artifacts, relics delivered to public museums have proper functions to protect and promote the values.
3. individual organizations detect, deliver materials, antiques are reimbursed the costs of discovery, preservation and was awarded an amount prescribed by the Government. "
21. Supplement Article 41a as follows: "article 41a 1. National treasures must have the following criteria: a) Is the original toxic artifacts;
b) Is a unique form of material;
c) Is particularly valuable artifacts related to a country's important events or related to the career of a national hero, typical notability; or is the famous works of art about the value of thought, humanities, aesthetic values represent a tendency, a style, an era; or is the product is invented, invention, have high practical value, have the effect of promoting social development in a certain historical stage; or is the natural specimens demonstrate for the stages of formation and development of the Earth's history, natural history.
2. national treasures must be registered with the competent State agencies on culture, sports and tourism. Organizations and individuals possessing national treasures were registered have the right specified in clause 42 of this Law Article 3. When the transfer of ownership of national treasures, organizing, personal property national treasures must inform the competent State Agency on culture, sports and tourism on the new owner within a period of 15 days from the date of transfer of ownership.
3. national treasures are protected and preserved as a special mode.
4. the State taking the proper budget to buy national treasures.
5. Prime Minister's decision to recognize the national treasures after the assessment opinions of the Board of the national cultural heritage.
6. Minister of culture, sports and tourism of forth order and procedure of recognized national treasures. "
22. Article 42 is amended and supplemented as follows: "article 42 1. The State encourages organizations and individuals to register artifacts, antiques owned by themselves with the competent State agencies on culture, sports and tourism.
2. Artifact, artifacts that must be in the basis of assessment antiques before registration. Facility examiner antiques is responsible before the law about the results of his assessment.
3. organizations and individuals own the artifacts, antiques have registered has the following rights: a) Is the competent State Agency on culture, sports and tourism certification register artifacts, antiques; confidential information on relics, artefacts have registered, if required;
b) Is the competent State Agency on culture, sports and Tourism Guide, protect and promote the value of relics, antiques.
4. Minister of culture, sports and tourism specific regulations registration artifacts, antiques; conditions of establishment and operation of the facility assessment antiques. "
23. Article 47 is amended and supplemented as follows: "article 47 1. The Museum system consists of a public museum and the Museum outside the establishment.
2. public museum include: a) the National Museum;
b) specialized museum in ministries, political organization, social-political organizations at Central;

c) specialized museums in the subdivisions ministries, political organization, social-political organizations at Central;
d) Provincial Museum.
3. The Minister of culture, sports and tourism issued the regulations on the Organization and operation of the Museum. "
24. Article 48 was amended and supplemented as follows: "article 48 the Museum has the following duties: 1. Collect, inventory, preserve and exhibit the collection of artifacts;
2. scientific research serve the protection and promotion of the cultural heritage value;
3. organizations to promote the value of cultural heritage for social service;
4. Construction, training, fostering of human resources of the Museum;
5. management of infrastructure and technical equipment;
6. implementation of international cooperation under the provisions of the law;
7. activity services organization serving visitors fit the Museum's mission;
8. Perform other duties as prescribed by law. "
25. Article 50 amended and supplemented as follows: "article 50 1. The Authority decided to establish the Museum is defined as follows: a) the Prime Minister decided to establish the National Museum, the Museum of the Ministry of industry, the professions, political organization, social-political organizations at central as proposed by Ministers, heads of departments, political organization, social-political organizations at Central;
b) Ministers, heads of departments, political organization, social-political organizations at central decided to establish the specialized museum in subdivisions according to the recommendations of the heads of subdivisions;
c) Chairman provincial people's Committee decided to set up provincial museums as suggested by the competent agency on culture, sports and tourism in the locality; licensing activities for the public outside the Museum, according to the Organization's proposal, individuals founded the Museum.
2. procedure for establishment licensing activities, the museum shall be as follows: a) the Organization, individuals are required to establish or recommend the Museum activities permit must send to the competent person specified in clause 1 of this article. The records include the text proposed text or proposal to license works museum and the text of the Ministry of culture, sports and tourism confirmed eligible for the provisions of article 49 of this law for the National Museum, the Museum of specialization; the text of the authorized agency on culture, sports and tourism confirmed eligible provincial provisions of article 49 of this law for the Provincial Museum, the Museum outside the establishment;
b) within a period of 30 days from the date of the application, the authorized person decided to or are licensed to operate the Museum has a responsibility to review the decision; the case refused to clearly state the reason in writing. "2.
1. Replace the phrase "Ministry of culture and information" by the phrase "the Ministry of culture, sports and tourism" in paragraph 3 to article 33, paragraphs 1, 2 and 3 Article 39, point c of paragraph 1 to article 40, paragraph 2, Article 44, article 45, paragraph 2 and paragraph 3 Article 55 of the law on cultural heritage.
2. Replace the phrase "cultural-information" by the phrase "culture, sports and tourism" in item 1 and item 2 Article 33, item 1 and item 2 Article 36, paragraph 1 Article 43, paragraph 5 Article 46, article 53, article 66 of the law on cultural heritage.
3. Replace the phrase "ownership" by the phrase "State property" in article 5, article 6, article 7, paragraph 1 Article 43 of the law on cultural heritage.
Article 3.
Article 65 of the law on competition, the reward is modified and supplemented as follows: "article 65 1. The title "people's artist", "elite" artisans to donate for the protection of individuals and promoting the value of intangible cultural heritage.
2. The title "people's artist" are considering donating to individuals the following criteria: a) loyal to the fatherland of Socialist Vietnam;
b) Have good moral qualities, have outstanding talent;
c) instrumental in protecting and promoting the value of intangible cultural heritage;
d) Are co-workers and the public affection, respect; for conservation and promote the value of intangible cultural heritage in the country.
3. The title of "outstanding artist" are considering donating to individuals the following criteria: a) loyal to the fatherland of Socialist Vietnam;
b) Have good moral qualities, have outstanding talent;
c) instrumental in protecting and promoting the value of intangible cultural heritage;
d) Are co-workers, public affection; for the protection and promotion of the cultural heritage values of local.
4. The title "people's artist", "elite" are artisans and published every two years on the occasion of the national day 2-9. "article 4.
1. This Act has effect from January 1, 2010.
2. Government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.
This law was the National Assembly of the Socialist Republic of Vietnam XII, 5 session through June 18, 2009./.