Delegate Duong Van Phuoc said that at the 7th Session, delegates made a proposal to consider adding the concept as well as related legal regulations on "urban heritage", including written comments, but they have not been accepted or explained by the Drafting Committee.
Once again, the delegates earnestly requested the Drafting Committee to consider the specificity of urban heritage; in which, the ancient town of Hoi An in Quang Nam is an urban area with a history of more than 400 years, the heritage has completely different characteristics compared to most heritages in our country.
This is a “living museum” - where thousands of people live in the heart of the heritage and is associated with the administrative and residential management of 4 wards of Hoi An City, so it is not simply a cultural relic/heritage but also a basic administrative unit with many different management issues.
According to delegate Duong Van Phuoc, management in heritage areas is not only subject to the Law on Cultural Heritage but is also affected by many other codes and laws such as: Penal Code, Civil Code, Labor Code, Law on Organization of Local Government, Housing Law, Residence Law, National Security Law, Land Law, Construction Law, Urban Planning Law, Commercial Law, Tourism Law, etc.
The delegate said that this is a complex of architectural and artistic relics with a large number of individual relics and a diversity of types of relics. In the protected area of the heritage, there are a total of 1,439 relics. Area I alone has 1,175 architectural and artistic relics with 12 types including: communal houses, pagodas, temples, assembly halls, clan houses, churches, churches, houses, tombs, wells, bridges, and markets. Among them, there are houses that are both relics and places for people to live, work, and do their jobs; there are relics that are also civil works such as markets and the Japanese Covered Bridge.
In addition to architectural and artistic relics, there are also 15 archaeological relics and dozens of revolutionary historical relics. These relics and individual works constitute special national relics and world cultural heritages, so management needs to consider not only the general object of the heritage site but also the diversity of relic types and the large number of individual but small-scale works within it.
The default regulation of general management for heritage sites will create many practical problems in the management of each type and each individual relic/construction. Therefore, delegate Duong Van Phuoc suggested that it is necessary to have separate regulations on the mechanism and management model for "urban heritage" in order to effectively manage this type of heritage with special characteristics.
Or as the draft law stipulates, “Tangible cultural heritage” includes historical-cultural relics, scenic spots, relics, antiquities, and national treasures; however, this part of tangible cultural heritage also includes world cultural heritages, world natural heritages, and world cultural and natural heritages (mixed) recognized by UNESCO. These heritages, in addition to meeting the criteria specified in this draft law, must also meet the criteria specified by UNESCO.
Delegate Duong Van Phuoc said that each heritage must meet different criteria such as the World Cultural Heritage of Hoi An Ancient Town recognized by criteria II and V; the World Cultural Heritage of My Son recognized by criteria II and III or the World Cultural Heritage of the Central Area of the Imperial Citadel of Thang Long - Hanoi recognized by criteria II, III and VI...
Therefore, delegates suggested that it is necessary to have separate regulations on management mechanisms and models suitable to the specific characteristics of each type of heritage. Assuming a common management mechanism for other relics, including for world heritage, will cause many inconveniences for management work in practice.
Article 29 stipulates that the regulations on repair, renovation, and construction of individual houses in relic protection areas shall comply with the regulations on planning for preservation, renovation, and restoration of relics and the relic preservation, renovation, and restoration projects stipulated in Articles 34 and 35 of this Law. However, the contents of Articles 34 and 35 only stipulate projects for preservation, renovation, and restoration of relics, and do not have regulations for individual houses.
According to delegate Duong Van Phuoc, implementing this regulation is very difficult for individual houses such as those in Hoi An Ancient Town, because each house is not only a simple relic but also a living space, living space, and economic activities of the people, so the need for renovation and embellishment occurs frequently.
Therefore, including people's housing (people - relic owners are investors) in the planning and carrying out project establishment procedures as for projects invested by state agencies will create many difficulties for relic owners in terms of time, costs, and having to carry out many administrative procedures that not all relic owners can carry out.
According to the delegate, forcing relic owners to comply with this regulation will cause a negative reaction, in which relic owners will turn their backs on their responsibility to preserve the relic and abandon the cultural heritage values that they have devotedly preserved up to now; leading to both tangible and intangible values of the heritage facing the risk of being lost.
Source: https://baoquangnam.vn/quy-dinh-rieng-co-che-mo-hinh-quan-ly-phu-hop-voi-tinh-dac-thu-cua-tung-loai-hinh-di-san-3143154.html
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