Proposal to add regulations prohibiting acts of encroachment and destruction of mixed relic land

(To Quoc) - Agreeing with and appreciating the process of receiving and revising the draft Law on Cultural Heritage (amended), some National Assembly deputies also said that it is necessary to add regulations prohibiting acts of encroachment and destruction of land with historical - cultural relics and scenic spots.

Illegal construction in relic protection areas is strictly prohibited.

At the discussion session on the draft Law on Cultural Heritage (amended), giving her opinion, delegate Huynh Thi Phuc - National Assembly Delegation of Ba Ria - Vung Tau province said that the Draft Law on Cultural Heritage (amended) has been explained, absorbed and revised many contents compared to the previous law and draft. However, according to the delegate, there are still contents that need to continue to receive specific attention.

Regarding the prohibited acts that have been reviewed and supplemented, to be more complete and ensure the implementation of inspection and handling of violations in the management, protection and promotion of cultural heritage values, delegate Huynh Thi Phuc proposed that the Drafting Committee and the verification agency consider supplementing Article 9 with the prohibited acts of illegal construction in relic protection areas.

At the same time, it is also necessary to supplement Article 98 to amend and supplement a number of articles of related laws in Clause 1 on contents in the field of construction that have an impact on the Law on Cultural Heritage (amended). This is to remove difficulties and obstacles from practice when implementing current regulations on State management of cultural heritage at the local level that the draft Law has not yet regulated, and to serve as a basis for competent authorities to carry out inspections and handle violations of illegal construction acts in relic protection areas.

Delegate Huynh Thi Phuc - National Assembly Delegation of Ba Ria - Vung Tau province

Regarding the contents related to Article 27 on relic protection areas, the principles of determining and marking the boundaries of relic protection areas, adjusting relic protection areas, and world heritage sites, the Drafting Committee and the review agency have absorbed almost all of the opinions of the delegates who participated in the discussions in previous discussion sessions.

Regarding Article 27 and Articles 28, 29 and 30 on repair, renovation and construction of works in relic protection areas, investment projects on construction of works, repair, renovation and reconstruction of individual houses in relic protection areas and world heritages have new points related to protection area 2.

However, the delegate suggested reviewing and clarifying the regulations on the functions of use, zoning for protection and promotion of the value of individual housing relics and socio-economic works in protected area 2 to not only ensure the strictness of the law but also to be suitable to the practical conditions of Vietnamese heritage types, not affecting the protection and promotion of heritage values ​​as well as the legitimate rights and interests of related subjects, organizations and individuals.

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

Highly agreeing with the Report on explanation, acceptance and revision of the draft Law on Cultural Heritage (amended), delegate Tran Dinh Gia - National Assembly Delegation of Ha Tinh province said that Clause 8, Article 9 stipulates the prohibition of acts of encroachment and destruction of land with historical - cultural relics and scenic spots. According to the delegate, this provision needs to add the phrase "mixed relics" to ensure compliance with Article 21 regulating the type of mixed relics.

Delegate Tran Dinh Gia - National Assembly Delegation of Ha Tinh province

In addition, delegates were concerned about the authority, procedures, classification records, additional classification, cancellation of classification decisions and additions and corrections to the scientific records of the relics. To ensure the correct procedures and suitability with reality, after building the scientific records, the Provincial Relic Ranking Council will meet to appraise the records, with the conclusion of the Council Chairman, the professional agency will synthesize the opinions in a report submitted to the Provincial People's Committee. Based on the proposal of the professional agency and the appraisal opinions of the Scientific Council, the Chairman of the Provincial People's Committee will consider and decide on the classification, additional classification, cancellation of the decision to classify the relics or additions and corrections to the scientific records of the provincial relics.

The delegate proposed to amend Point b, Clause 2, Article 25 to: "For provincial-level relics as prescribed in Point a, Clause 1, Article 24 of this Law, the provincial-level cultural agency shall send documents and minutes of the meeting of the Relic Ranking Council established by the Chairman of the Provincial People's Committee, together with scientific dossiers proposing to rank, supplementary rank the relic, dossiers proposing to cancel the decision to rank the relic, dossiers supplementing and editing scientific dossiers of relics in the area to the Chairman of the Provincial People's Committee. The Chairman of the Provincial People's Committee shall consider and decide to rank, supplementary rank, cancel the decision to rank the relic or supplement and edit scientific dossiers of provincial-level relics after receiving written opinions from the Appraisal Council established by the Chairman of the Provincial People's Committee." The delegate also proposed to specify more clearly the number, composition and professional qualifications of the Relic Appraisal Council.

Source: https://toquoc.vn/sua-luat-di-san-van-hoa-de-nghi-bo-sung-quy-dinh-cam-cac-hanh-vi-lan-chiem-huy-hoai-dat-di-tich-hon-hop-20241106095408539.htm