Amending and supplementing guiding regulations so that the Law on Cultural Heritage (amended) can soon come into effect.

Báo Tổ quốcBáo Tổ quốc20/11/2024

(To Quoc) - Delegate Trinh Lam Sinh proposed that the drafting agency and the appraisal agency pay attention to amending, supplementing and promulgating new guiding regulations immediately after the Law on Cultural Heritage (amended) is passed, in order to help management and professional activities promptly meet the requirements of building culture to become the foundation for economic development, human development and Vietnamese society in the new period.


At the 8th Session of the 15th National Assembly, before considering and approving the draft Law on Cultural Heritage (amended), the National Assembly held a plenary discussion in the hall on a number of contents of the draft Law with different opinions.

Amending and supplementing guiding regulations so that the law can soon come into effect.

Commenting on the general issues of the draft law, delegate Trinh Lam Sinh - National Assembly Delegation of An Giang province said that the draft Law on Cultural Heritage (amended) was built on the basis of inheriting the law amending and supplementing a number of articles of the 2009 Law on Cultural Heritage and legal documents, so it maintains stability for activities to protect and promote cultural heritage values. The draft law also stipulates new issues on the management apparatus of relics and heritage, building a database on cultural heritage, public-private partnership... at the same time, institutionalizing the basic contents of international conventions on cultural heritage that Vietnam participates in.

However, the delegate said that recently, the regulations guiding the implementation of the Law on Cultural Heritage are still lacking and not specific in some areas such as: conditions for establishing museums, expenditure norms in professional activities in the field of cultural heritage, norms for inventorying heritage, norms for building relic records, intangible cultural heritage records, norms for hiring experts and artisans to participate in research and performance, etc.

Sửa đổi, bổ sung các quy định hướng dẫn để Luật Di sản văn hóa (sửa đổi) sớm đi vào cuộc sống - Ảnh 1.

Delegate Trinh Lam Sinh - National Assembly Delegation of An Giang province

In addition, funding for conservation, restoration, rehabilitation and teaching activities is still limited; there are still difficulties in handling conservation and tourism development needs; there are no policies to encourage businesses to invest in preserving intangible cultural heritage...

The above limitations have caused some difficulties and obstacles for localities in management and professional activities. Therefore, the delegates proposed that the drafting agency and the reviewing agency pay attention to supplementing the draft law; at the same time, amend, supplement and issue new guiding regulations immediately after the law is passed, in order to help management and professional activities promptly meet the requirements of building culture to become the foundation for economic development, human development and Vietnamese society in the new period.

Regarding some specific contents, the delegate said that in Clause 1, Article 1 on the scope of regulation, it is proposed that the drafting committee adjust the phrase "types of ownership" to "forms of ownership" to comply with the provisions of the Constitution, the Civil Code and related documents.

In Clause 5, Article 4 on ownership of cultural heritage, the delegate proposed to remove the phrase "criminal" before the phrase "and other relevant legal provisions" because the determination of registration and dispute resolution implemented according to the Penal Code is not appropriate. If the phrase "criminal" is kept, the delegate proposed to add the phrase "handling violations" after the phrase "dispute resolution"...

Clarify financial resource management responsibilities

Giving his opinion on the draft Law, delegate Thach Phuoc Binh - National Assembly Delegation of Tra Vinh province assessed that the draft Law on Cultural Heritage (amended) is an important step forward in improving the effectiveness of management, protection and promotion of cultural heritage of our country.

Sửa đổi, bổ sung các quy định hướng dẫn để Luật Di sản văn hóa (sửa đổi) sớm đi vào cuộc sống - Ảnh 2.

Delegate Thach Phuoc Binh - National Assembly Delegation of Tra Vinh province

Giving specific comments on some contents of the draft Law, delegates said that the draft Law has provided specific concepts of intangible and tangible cultural heritage. However, to ensure comprehensiveness, it is recommended to clarify the concept of "intangible cultural heritage at risk of being lost or transmitted"; the risk of being lost needs to be defined more specifically, such as the sharp decrease in the number of artisans, the violation or disappearance of related cultural spaces, etc. to create a solid basis for the application of urgent protection measures.

Regarding the rights and responsibilities of the community towards cultural heritage, the draft Law has clearly stipulated this issue in Article 5. However, it is necessary to add measures to support the community; especially in ethnic minority areas, mountainous areas, and islands, where many cultural heritages are at risk of being lost or forgotten. The community needs to be supported with funding, facilities and participate in training programs to improve the capacity to protect heritage.

Regarding the State's responsibility in protecting cultural heritage, the draft Law clearly shows the State's leading role and responsibility in protecting and promoting the value of cultural heritage in Article 7. However, it is recommended to clarify the State's responsibility in managing financial resources for heritage protection activities. Accordingly, there should be clear regulations on budget allocation and mobilization of social resources from non-governmental organizations, private sector and the community to increase resources for this work.

At the same time, regarding the mechanism for protecting international cultural heritage, the draft Law needs to more clearly stipulate the responsibilities of specialized agencies in coordinating with the community and subjects to establish scientific records; in addition, there needs to be a mechanism for cooperation with international organizations to protect and promote registered heritages./.



Source: https://toquoc.vn/sua-doi-bo-sung-cac-quy-dinh-huong-dan-de-luat-di-san-van-hoa-sua-doi-som-di-vao-cuoc-song-20241120125234871.htm

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