ensure consistency with the Land Law and Construction Law

Báo Đô thịBáo Đô thị23/10/2024


On the afternoon of October 23, continuing the 8th Session, the National Assembly held a plenary discussion in the hall on a number of contents with different opinions of the Draft Law on Cultural Heritage (amended).

Delegates attending the 8th Session of the 15th National Assembly. Photo: Quochoi.vn
Delegates attending the 8th Session of the 15th National Assembly. Photo: Quochoi.vn

Proposed regulations on Cultural Heritage Conservation Fund

 

The draft Law on Cultural Heritage (amended) after being absorbed, revised and completed to be submitted to the National Assembly for consideration at the 8th Session consists of 9 chapters and 100 articles, 2 articles less than the draft submitted at the 7th Session.

Presenting the Report on explanation, acceptance and revision of the Draft Law on Cultural Heritage (amended), Chairman of the National Assembly's Committee on Culture and Education Nguyen Dac Vinh said that regarding the scope of regulation, the National Assembly Standing Committee has accepted, directed the review and removal of the phrase "documentary heritage" in the scope of regulation of the draft Law. However, the draft Law still specifically stipulates mechanisms and measures to protect and promote the value of this type of heritage.

The draft Law has revised the State's policy regulations on the protection and promotion of cultural heritage values ​​in a focused and key direction, in accordance with practical requirements and the specific characteristics of each type of cultural heritage. The National Assembly Standing Committee proposed to stipulate the Cultural Heritage Conservation Fund in the draft Law, and directed careful research on the necessity, legal basis and practice. Review, revise and complete in the direction: The Fund only supports funding for a number of key and key activities.

Chairman of the National Assembly's Committee on Culture and Education Nguyen Dac Vinh presented a report explaining, accepting and revising the Draft Law on Cultural Heritage (amended). Photo: Quochoi.vn
Chairman of the National Assembly's Committee on Culture and Education Nguyen Dac Vinh presented a report explaining, accepting and revising the Draft Law on Cultural Heritage (amended). Photo: Quochoi.vn

At the same time, supplement the regulation that the Chairman of the Provincial People's Committee shall, based on the actual situation of requirements, ability to mobilize resources, efficiency and feasibility, establish a Cultural Heritage Conservation Fund in the locality...

Regarding cultural heritage inspection, the National Assembly Standing Committee has sent a document to the Government with comments and proposals on the necessity of establishing a cultural heritage inspection in the draft Law or regulations in the Decree on the agency performing specialized inspection functions, if a specialized inspection of cultural heritage is established.

On October 22, 2024, the Standing Committee of the National Assembly received Official Dispatch No. 695/CP-PL of the Government on receiving and revising the draft Law on Cultural Heritage (amended). The Government proposed to include provisions on cultural heritage inspection in the draft Law. The Standing Committee of the National Assembly has directed and reviewed this provision to ensure consistency with the provisions of the law on inspection.

Delegate Tran Dinh Gia (National Assembly Delegation of Ha Tinh Province) contributed opinions at the meeting. Photo: Quochoi.vn
Delegate Tran Dinh Gia (National Assembly Delegation of Ha Tinh Province) contributed opinions at the meeting. Photo: Quochoi.vn

Supplementing regulations prohibiting acts of encroachment and destruction of mixed relic land

Participating in the meeting, delegate Tran Dinh Gia (National Assembly Delegation of Ha Tinh Province) said that Clause 8, Article 9 prohibits acts of encroachment and destruction of land with historical-cultural relics and scenic spots. This provision needs to add the phrase “mixed relics” to ensure compliance with Article 21 regulating the type of mixed relics.

Meanwhile, delegate Nguyen Thi Suu (National Assembly Delegation of Thua Thien Hue Province) said that regarding activities to promote the value of relics, Clause 4, Article 26 only regulates the organization or association of tourism activities and services for the public to visit, research and study at relics. According to the delegate, such regulations are not sufficient, because this activity requires the participation of a number of economic sectors in many other forms such as public-private partnership, joint ventures and associations.

Delegates proposed to add to Clause 4, Article 26 of the draft Law the content on cooperation or public-private partnership for tourism activities and services for the public to visit, research and study at relics.

Delegate Nguyen Thi Suu (National Assembly Delegation of Thua Thien Hue Province) speaks at the discussion. Photo: Quochoi.vn
Delegate Nguyen Thi Suu (National Assembly Delegation of Thua Thien Hue Province) speaks at the discussion. Photo: Quochoi.vn

Regarding the relic protection area, the principle of determining and marking the boundaries of relic protection areas, adjusting relic protection areas, world heritage, delegates commented that a new point in this draft Law is the provision on renovation, repair, and construction of individual housing projects in protection areas I and II, especially in area II.

In fact, socio-economic activities in this area are very difficult, because after delineating the protected area II of the relic on the cadastral map according to the Law on Cultural Heritage, it is mandatory in the land use planning to record the function of use as relic land, so when implementing, the detailed construction planning will also show it as relic land. Therefore, activities of repairing, renovating, constructing, and repairing houses become very difficult, not to mention establishing inheritance rights, transferring, owning, and implementing economic and social development projects...

Delegates proposed to thoroughly overcome the above situation, create consistency between the Law on Cultural Heritage with the Land Law and the Construction Law, clearly showing regulations on the function of use and protection zoning for protected areas II.



Source: https://kinhtedothi.vn/luat-di-san-van-hoa-bao-dam-thong-nhat-voi-luat-dat-dai-luat-xay-dung.html

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