The draft Law on Cultural Heritage (amended) aims to regulate and specify outstanding issues, creating the most favorable legal corridor for activities to protect and promote the value of the nation's cultural heritage.
The Law on Cultural Heritage was passed by the 10th National Assembly at its 9th session on June 29, 2001, marking an important development in the cause of preserving Vietnam's cultural heritage.
 |
| The Law on Cultural Heritage (amended) will create the most favorable legal corridor for activities to protect and promote the value of the nation's cultural heritage. (Source: Ministry of Culture, Sports and Tourism) |
The Law was amended and supplemented with a number of articles at the 5th session of the 12th National Assembly (June 18, 2009), in which a number of limitations and shortcomings in the implementation of the Law on Cultural Heritage were basically resolved, creating a favorable legal basis to promote the cause of protecting and promoting the value of cultural heritage, ensuring a harmonious resolution of the relationship between conservation and development in the period of industrialization and modernization of the country.
After 20 years of the promulgation of the Law on Cultural Heritage and more than 10 years of amendments and supplements, the cause of protecting and promoting the value of cultural heritage has been receiving great attention from our Party and State, and is increasingly supported by a large number of people across the country.
However, in the face of urgent requirements and demands from current reality, the system of legal documents on cultural heritage has gradually revealed some limitations and inadequacies in both content and form in each field.
In particular, some provisions of the Law are still general principles that need to be specified more clearly. Specifically, although it is a Law on specialized fields, many provisions of the Law are still general principles or do not have provisions assigning competent state agencies to issue specific regulations and instructions, which are not convenient for implementation in practice, such as: detailed regulations on prohibited acts; on the order and procedures for canceling the classification, registration of heritage, canceling the recognition of national treasures; procedures for adjusting the protection zone of relics; procedures for receiving, handing over, dividing, and managing artifacts, relics, and antiquities after archaeological excavations; procedures for receiving and removing artifacts at relics, etc.
The issue of heritage management and relic management models of localities today is very diverse and inconsistent, making it difficult to manage and determine responsibility when there are violations in the protection and promotion of cultural heritage values.
In addition, some provisions of the Law are not highly feasible, or are no longer suitable for practice and need to be amended or abolished, such as provisions on archaeological planning; provisions on registration of national treasures; provisions on permission, purchase, sale, exchange, donation and inheritance abroad of relics and antiques not owned by the State, owned by political organizations, or socio-political organizations.
In addition, there are some issues arising in practice that need to be newly supplemented in the Law. Specifically, the current Law on Cultural Heritage has not yet regulated the content of activities and mechanisms to attract social resources, mobilize the contributions and participation of organizations and individuals in the work of protecting, exploiting, using and promoting the value of cultural heritage... while in modern social practice, localities focus on exploiting and promoting the value of heritage in socio-economic development, so they should attract businesses that contribute to the protection and promotion of the value of cultural heritage....
Therefore, it is extremely necessary to continue to amend and supplement the Law on Cultural Heritage and its detailed regulations and implementation guidelines to keep up with the movement and changes of society, adjust and specify remaining issues, and create the most favorable legal corridor for activities to protect and promote the value of the nation's cultural heritage.
| The draft Law on Cultural Heritage (amended) is structured with 9 chapters and 136 articles, an increase of 2 chapters and 62 articles compared to the current Law on Cultural Heritage (7 chapters and 74 articles), of which: 1 chapter on rewards and handling of violations is removed, creating 3 new chapters: Protection and promotion of the value of documentary heritage (Chapter V); Museums (Chapter VI); Business activities and services on cultural heritage (Chapter VIII). |
Source
Comment (0)