Only regulations prohibit the business of buying and selling national treasures
Based on the regulations and to ensure compliance with the Law on Enterprises and the Law on Investment, in order to encourage the purchase and sale of national relics, antiques and treasures domestically to increase the value of cultural heritage, the Ministry of Culture, Sports and Tourism said that the draft Law on Cultural Heritage (amended) stipulates that relics and antiques under common or private ownership can be transferred through civil sale, exchange, donation, inheritance and business in the country according to the provisions of law; national treasures under common or private ownership can be transferred through civil sale, exchange, donation and inheritance in the country. Thus, the draft Law only stipulates the prohibition of trading in national treasures and the prohibition of exporting relics and antiques, ensuring compliance with the provisions of the Law on Investment and the Law on Enterprises.
The regulation prohibiting the trading of national treasures, the proposed option by the Ministry of Culture, Sports and Tourism, is agreed upon by many experts, collectors, and owners of many private museums with national treasures (photos of two national treasures: Dai Nam jade seal of eternal destiny and Hoang Ha bronze drum).
Regarding the regulation prohibiting the trading of national treasures, the option proposed by the Ministry of Culture, Sports and Tourism is agreed upon by many experts, collectors, and owners of many private museums with national treasures.
According to the Department of Cultural Heritage, the Ministry of Culture, Sports and Tourism proposed two options. Option 1 stipulates that "National treasures under common or private ownership may only be transferred, exchanged, donated, or inherited domestically in accordance with the provisions of law and may not be traded" at Point c, Clause 1, Article 40 of Draft 4 of the Law on Cultural Heritage (amended); adding the content on "Trading and buying and selling national treasures" to the provisions on prohibited investment and business sectors of the Investment Law No. 61/2020/QH14. At the same time, amend and supplement Appendix IV of the Investment Law.
The advantage of this option is to ensure consistency with the provisions "No one may be illegally restricted or deprived of ownership rights or other rights to property" and the provisions "The right to dispose is only restricted in cases prescribed by law" in Clause 1, Article 163, Clause 1, Article 196 of the Civil Code; Helps prevent the risk of loss, destruction or illegal sale of national treasures; Prevents the risk of taking advantage of the title of national treasures for personal gain; Helps ensure that cultural heritage is preserved and passed on to current and future generations. The disadvantage of option 1 is to limit the right to dispose of the owner of national treasures.
Option 2 maintains the provisions of the current Law on Cultural Heritage on allowing the purchase and sale of national treasures not owned by the entire people and Appendix IV of Investment Law No. 61/2020/QH14.
The advantage is that it does not limit the owner's right to dispose of national treasures. The disadvantage is that it limits the owner's right to dispose of national treasures that are jointly owned and privately owned by the owner.
The draft Law on Cultural Heritage (amended) was drafted on the basis of viewpoints to continue to fully and promptly institutionalize the Party's viewpoints and policies on culture and cultural heritage.
From the above 2 options, the Ministry of Culture, Sports and Tourism has proposed to choose Option 1 to stipulate in the draft Law, specifically in Article 99. Amending and supplementing a number of articles of other related laws, at points a and c, Clause 2: "a) Add points i and k after point h, Clause 1, Article 6 as follows: (i) Business of buying and selling national treasures.
(k) Export business of relics and antiques"
(c) Amend and supplement industries and occupations No. 201 and 202 of Appendix IV of the List of conditional investment and business industries and occupations as follows: (201) Trading in relics and antiques; (202) Importing cultural goods under the specialized management of the Ministry of Culture, Sports and Tourism.
Prohibition of export of relics and antiquities
Regarding the regulation prohibiting the export of relics and antiques, the Ministry of Culture, Sports and Tourism proposed two options. Option 1 is included in the draft Law on Cultural Heritage (amended) to stipulate that "Relics and antiques under common or private ownership may only be transferred, exchanged, donated, inherited and traded domestically in accordance with the provisions of law"; at the same time, amend and supplement the Investment Law and Appendix IV of the Investment Law. The advantage of the option is to ensure consistency with the provision "No one may be illegally restricted or deprived of ownership or other rights to property" and the provision "The right to dispose of is only restricted in cases prescribed by law" in Clause 1, Article 163, Clause 1, Article 196 of the Civil Code; consistent with international conventions on cultural heritage to which Vietnam is a member; preventing the risk of theft, illegal excavation of relics and antiques and loss of the nation's cultural heritage treasure abroad. The disadvantage of this option is that it limits the rights of owners of relics and antiquities.
Option 2 maintains the provisions of the current Law on Cultural Heritage on allowing relics and antiquities not owned by the entire people to be bought, sold, exchanged, donated and inherited abroad in accordance with the provisions of law. According to the Ministry of Culture, Sports and Tourism, the advantage of this option is that it does not limit the owner's right to dispose of them. The disadvantage is that it promotes the export of Vietnamese relics and antiquities abroad in an open, legal and uncontrollable manner; at the same time, it creates difficulties in the process of protecting and promoting the value of cultural heritage, increasing the loss of antiquities abroad. From the above two options, the Ministry of Culture, Sports and Tourism proposes to choose option 1 to stipulate in the draft Law.
Draft Law on Cultural Heritage (amended) prevents the loss of the nation's cultural heritage treasures abroad
The Ministry of Culture, Sports and Tourism said that the draft Law on Cultural Heritage (amended) was drafted based on viewpoints aimed at continuing to fully and promptly institutionalize the Party's viewpoints and policies on culture and cultural heritage. Inheriting and developing the provisions of the current law on cultural heritage that have been tested in practice; amending and supplementing regulations to overcome shortcomings and limitations in policies and laws that have been pointed out during the process of summarizing the implementation of the Law on Cultural Heritage.
The objectives of the two proposed options are to overcome the current shortcomings, prevent the risk of loss, destruction or illegal trading of national treasures; prevent the risk of taking advantage of the title of national treasures for personal gain as well as prevent the risk of theft, illegal excavation of relics, antiquities and loss of the nation's cultural heritage treasures abroad.
According to the Department of Cultural Heritage, to resolve issues with different opinions between the Draft Law on Cultural Heritage (amended) and the Law on Archives (amended), Resolution No. 26/NQ-CP dated February 29, 2024 on the thematic meeting on law-making in February 2024 of the Government assigned the two Ministries of Culture, Sports and Tourism and the Ministry of Home Affairs to coordinate to unify regulations and avoid overlap./.
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