According to delegate Duong Van Phuoc, urban heritage, specifically the World Heritage of Hoi An Ancient Town, has many unique characteristics that are different from other heritages. In particular, the system of existing relics and heritages of the ancient town associated with human life and activities, is made up of more than 1,300 relics such as houses, single churches, privately or collectively owned, where local people are living..., this is also called "living heritage". The management, protection and promotion of the value of this heritage requires a separate method and approach suitable to its inherent reality.
Therefore, delegate Duong Van Phuoc suggested that the Drafting Committee add the concept of "Heritage City" and related regulations in the draft Law on Cultural Heritage (amended) which is very necessary, suitable for practice, ensuring convenience for the management, conservation and promotion of heritage values.
According to delegate Duong Van Phuoc, the draft law stipulates up to 13 groups of prohibited acts (an increase of 8 groups of acts compared to the current law); however, many of the prohibited contents are not convincing and suitable for practice, for example, the prohibition of: "arbitrarily searching for and salvaging relics and antiquities that are still submerged underwater" (in Clause 7, Article 8). The delegate believes that this means that accidentally picking up relics and antiquities while fishing has violated the law without considering whether to hand them over or not is inappropriate and unfeasible, contradicting Point d, Clause 1, Article 5 on finding relics and antiquities and handing them over to state agencies.
In addition, the prohibition of “buying, selling, collecting relics and antiques of illegal origin” (in Clause 8, Article 8) and “buying, selling, exchanging and illegally transporting relics, antiques, national treasures and documentary heritage” (in Clause 11, Article 8) is not comprehensive, because buying and selling objects of illegal origin is considered an illegal trading act. At the same time, this can easily lead to many different interpretations, such as buying and selling documentary heritage and national treasures of illegal origin is still not against the provisions of Article 8.
The delegate suggested that the Drafting Committee review and amend the prohibited acts to be consistent with the provisions of the draft law, avoiding overlap, contradiction, and spreading out without fully covering the prohibited acts.
Regarding the relic protection area, the principle of determining the scope and marking the boundaries of the relic protection areas, delegate Duong Van Phuoc agreed on the need to stipulate measures to protect the relics in protection area I (core area of the relic) and protection area II (buffer area of the relic) according to the draft law.
However, the implementation of measures to protect relics in protected areas I and II is currently related to many provisions of other laws such as: Housing Law, Land Law, Public Investment Law, Investment Law, Law on Investment under the form of public-private partnership, Civil Code, Construction Law, Law on Environmental Protection, Law on Planning, Law on Religious Beliefs, State Budget Law, especially the Law on Archives, Law on Minerals...
Therefore, the delegate proposed that the level of protection and management authority for protected areas must be regulated in a way that both maximizes the protection of the value of the relics and is consistent with practical requirements and legitimate needs of the people, especially for relics that are currently inhabited. At the same time, it must ensure consistency, suitability, and avoid legal conflicts with other relevant specialized legal regulations.
Regarding the application of law and transitional regulations, the delegate said that currently, in the provisions of the Construction Law and the Bidding Law, there is no content on supporting and urgently repairing relics related to emergency works. This leads to legal difficulties in the process of applying the law at Point c, Clause 2, Article 35 of the draft Law on Cultural Heritage (amended) which stipulates that "The approval of economic and technical reports on urgent restoration of relics shall be carried out in accordance with the provisions of the law on construction after receiving written opinions from the Department of Culture, Sports and Tourism". Especially for architectural works belonging to the two World Cultural Heritages of Hoi An Ancient Town, My Son Sanctuary and other relics in Quang Nam province, there is always a high risk of being affected by natural disasters and floods.
Therefore, delegate Duong Van Phuoc proposed that the Drafting Committee add to Article 102 the content on supporting and urgently repairing relics related to emergency works in the provisions of the Construction Law and the Bidding Law to ensure consistency and feasibility when implementing the Law on Cultural Heritage (amended) after it is promulgated.
Source: https://baoquangnam.vn/do-thi-di-san-can-duoc-luat-hoa-de-co-co-so-quan-ly-bao-ton-va-phat-huy-gia-tri-di-san-3136969.html
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