- Expand forms of international cooperation in the field of protection and promotion of cultural heritage values; develop and implement international cooperation projects in accordance with the law.
The history of the development of Vietnamese law on cultural heritage can be divided into three main stages: before 1986, from 1986 to 1999, from 2000 to present. In the first stage, 1945 was an important milestone marking the appearance of regulations related to cultural heritage in the system of legal documents. In 1945, President Ho Chi Minh issued Decree No. 65/SL, dated November 23, 1945, "Determining the tasks of the Oriental Archaeological Institute" consisting of 6 articles, expressing the thoughts and viewpoints of President Ho Chi Minh and the new Vietnamese State with a democratic republican regime on the preservation of "fairy tales" (today, the concept of "fairy tales" in the Decree is called cultural heritage, including tangible cultural heritage and tangible cultural heritage); affirming that the preservation of "fairy tales" is a very important and necessary task for the construction of Vietnam; highlighting the responsibility of the Government, society and each citizen in preserving "fairy tales". This document clearly stipulates violations related to types of cultural heritage. This is the basis for forming policies and guidelines in the next stage. From 1945 to 1986, due to political fluctuations in Vietnam, relevant regulations and laws did not change much. Since the implementation of the renovation in 1986, resolutions of Party congresses and meetings of the Party Central Committee from 1986 to 1999 have demonstrated the Party's policy and determination in protecting heritage and cultural values.
From 2000 to present, this policy of the Party continues to be institutionalized into legal documents, the important milestone being the promulgation of the Law on Cultural Heritage in 2001. During this period, the law on cultural heritage has created an important legal corridor for the preservation and promotion of cultural heritage values in our country. This is an important step forward for the preservation and promotion of cultural heritage. Decisions, resolutions, and circulars on the preservation and promotion of cultural heritage are increasingly improved. However, the provisions already contained in the Law on Cultural Heritage and the documents under
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The laws in our country on tangible cultural heritage are still incomplete. In general, the specific regulations issued increasingly affirm our State's determination to preserve and promote national cultural heritage, including tangible cultural heritage.
Up to now, Vietnam has built a legal system, created a basic legal framework, ensuring the rights and obligations of subjects in protecting and promoting cultural heritage. This system includes the Law on Cultural Heritage (2001), the Law amending and supplementing a number of articles of the Law on Cultural Heritage (2009) and sub-law documents. The Law on Cultural Heritage 2001 consists of 7 chapters and 74 articles. The Law amending and supplementing a number of articles of the Law on Cultural Heritage amends 20 articles (in addition to adding 5 new clauses in Article 4, Article 33, and Article 36). The documents guiding the implementation of the law have provisions regulating human behavior to help raise awareness of protecting and promoting the value of tangible cultural heritage. The law clearly defines prohibited acts in the cultural field as well as for tangible cultural heritages and incentive mechanisms for individuals and groups that contribute to the work of teaching and preserving the values of tangible cultural heritages. The legalization of regulations on the protection of tangible cultural heritages in Vietnam in accordance with the UNESCO Convention on the Protection of Tangible Cultural Heritages has promoted the protection and promotion of the values of tangible cultural heritages in the country.
Basically, the current legal documents on cultural heritage protection in Vietnam are consistent with the international treaties that we have joined. Vietnam is one of the countries that early ratified the UNESCO Convention on the Protection of Tangible Cultural Heritage. Vietnam is also a member of the Intergovernmental Committee participating in the development of operational directions and international policies related to this convention. Joining the convention is a guarantee that the provisions of the above convention must be codified in the laws of member countries. Even when UNESCO had not yet ratified the Convention on Tangible Cultural Heritage, Article 4 of the 2001 Law on Cultural Heritage defined that Tangible Cultural Heritage is a spiritual product of historical, cultural and scientific value, preserved in memory, writing, passed down orally, through craft, performance and other forms of preservation and transmission, including speech, writing, literary, artistic and scientific works,
oral literature, folk performances, lifestyles, ways of life, festivals, secrets of traditional crafts, knowledge of traditional medicine and pharmacy, culinary culture, traditional costumes and other folk knowledge. Then, the concept of tangible cultural heritage was redefined in a more concise and focused way to ensure that the criteria of Vietnam's tangible cultural heritage are consistent with international standards. This creates favorable conditions for preparing dossiers to request UNESCO to register tangible cultural heritage of humanity.
In addition, legal regulations have specifically stated the rights and obligations of the State, organizations and individuals in protecting and promoting the value of cultural heritage in general, including tangible cultural heritage. Measures to protect and promote the value of tangible cultural heritage are built on the principle of coordinating activities between relevant parties, demonstrating consensus between the State and the people, bringing about effectiveness in heritage protection. After being recognized by law, the number of identified tangible cultural heritages in Vietnam has increased significantly. Cultural activities revolving around traditional festivals, rituals and cultural activities of tangible cultural heritage have been strongly developed, contributing to enhancing cultural values in life, contributing to sustainable socio-economic development.
1.2. Content and subjects implementing policies to protect and promote tangible cultural values
1.2.1. Contents of implementing policies to protect and promote tangible cultural values
1.2.1.1. Develop and direct the implementation of planning and development policies to protect and promote the value of tangible cultural heritage.
The policy of protecting and promoting the value of cultural heritage is understood as the overall principles expressing the State's main ideology on the guidelines and directions for building and developing culture. Cultural policy sets out the general principles of cultural development in accordance with the country's overall cultural development goals. Current policies for developing, protecting and promoting the value of cultural heritage include: creating cultural values; preserving and promoting cultural assets; developing grassroots culture; international cultural exchange; modernizing techniques and
methods of production and distribution of cultural products; training and development of intellectuals and artists; ensuring budget and legal conditions for cultural development; enhancing self-management and decentralization of cultural management... The policy of protecting and promoting the value of cultural heritage is important in the state management of culture, but cultural policy cannot replace the law. The State promulgates legal documents on culture to promote the effect of culture on personality formation and improve the quality of people's spiritual life.
1.2.1.2. Organize and direct activities to protect and promote the value of cultural heritage; propagate, disseminate and educate about laws on cultural heritage.
The agencies with the function of state management of culture are the Government; the Ministry of Culture, Sports and Tourism (central level); the People's Committee is the local state administrative agency performing the function of state management of culture in its locality according to the provisions of law. These activities include tasks such as training and fostering of cadres; developing and directing planning and plans; issuing and organizing the implementation of legal documents; providing guidance and propaganda; appraisal; granting licenses and certificates... These are practical activities to perform the functions of state management of culture according to the set goals and tasks. In addition, financial investment activities for culture also play a particularly important role. In financial investment for culture, stemming from the issue of concern for human resource development, the state focuses on investing the budget in education. Investment in cultural activities as investment in production activities needs to be calculated for efficiency, it is necessary to consider that culture also creates profits for the state and the people, at the same time it is necessary to take advantage of the market mechanism for the right direction of cultural development.
1.2.1.3. Organizing and managing scientific research activities; training and fostering a team of professional staff on tangible cultural heritage.
It is necessary to recruit people with professional qualifications, trained in the right field, with good moral qualities, love for the job, and enthusiasm for the job. Especially in the work of managing historical and cultural relics, it requires
requires great passion and enthusiasm for the job. Managing and using staff to achieve high efficiency requires leaders at all levels to set out regulations and rules for civil servants, and at the same time clearly assign responsibilities to avoid overlap and reduce work efficiency.
Building a team of staff working in the protection and promotion of cultural heritage values that are truly dedicated, qualified and have professional capacity. Training and retraining to improve the professional qualifications, skills and legal knowledge of cultural heritage for the staff working in cultural information; the team managing, protecting and organizing activities at relics; having a reasonable remuneration regime for those directly working in the management and protection of relics; selecting, building and training a team of point guides at ranked historical and cultural relics; first of all at relic sites that have the potential to be exploited for tourism.
1.2.1.4. Mobilizing, managing and using resources to protect and promote the value of tangible cultural heritage
Mobilize social resources and at the same time invest adequately in the restoration, embellishment and promotion of heritage values. Increase state budget investment in cultural heritage conservation activities, especially focusing on investment in the protection and promotion of heritages that have been recognized internationally and nationally as well as heritages at risk of degradation and disappearance.
1.2.1.5. Organizing and directing rewards in protecting and promoting the value of tangible cultural heritage
State agencies need to do a good job of emulation, commendation, and timely encouragement of organizations and individuals who have made effective contributions to the state management of historical and cultural relics. Localities need to strengthen state management of cultural heritage, resolutely handle violations that damage cultural heritage, and focus on resolving thoroughly and specifically violations and encroachments on heritage that have lasted for many years.
1.2.1.6. Organizing and managing international cooperation on protecting and promoting the value of tangible cultural heritage
With limited domestic budget resources, it is necessary to mobilize investment sources from aid programs and projects of governments and international organizations. During the subsidy period, the projects were mainly non-refundable aid, through investment in equipment and infrastructure construction. During the Doi Moi period, especially in recent years, ODA aid or cooperation projects were mainly for policy development, capacity building, cultural exchange, etc., contributing to supplementing the general budget for the whole sector, thereby developing the cultural career as well as improving knowledge and experience in international cultural cooperation. For example, in 1999-2005, our country attracted a significant source of investment for activities to preserve and promote national cultural heritage.
1.2.1.7. Inspect and examine law enforcement, resolve complaints and denunciations, and handle violations of the law on tangible cultural heritage.
The Law on Heritage stipulates the contents and tasks of inspection, examination of law enforcement, settlement of complaints and denunciations, and handling of violations of the law on tangible cultural heritage as follows:
- Inspecting compliance with laws on cultural heritage;
- Inspect the implementation of planning and plans on protecting and promoting the value of cultural heritage;
- Detect, prevent and handle according to authority violations of laws on cultural heritage;
- Receive and recommend the settlement of complaints and denunciations about cultural heritage;
- Propose measures to ensure enforcement of laws on cultural heritage.
In order for the inspection, examination and supervision of cultural heritage management activities to be effective, the Law on Cultural Heritage also clearly stipulates the authority of the people in supervising heritage management activities, specifically:
- Organizations and individuals have the right to complain and file lawsuits against administrative decisions and administrative acts of competent agencies, organizations and individuals in the enforcement of laws on cultural heritage.
- Individuals have the right to report violations of the law on cultural heritage to competent agencies, organizations and individuals. Supervision of cultural heritage management activities can be carried out through the approval of projects related to the conservation and promotion of the value of cultural heritage, and inspection of the progress and implementation process of such projects. In particular, it is necessary to promote the supervision of people in the community where cultural heritage is located.
1.2.2. Subjects implementing policies to protect and promote tangible cultural values
- Organizations and individuals who are owners or assigned to manage and use relics are responsible for protecting those relics; in case of discovering that a relic has been encroached upon, destroyed or is at risk of being destroyed, they must promptly take measures to prevent it and notify the direct superior management agency, the local People's Committee or the nearest competent state agency for culture and information.
- The local People's Committee or the competent state agency in charge of culture and information, upon receiving notice of a relic being destroyed or at risk of being destroyed, must promptly apply preventive and protective measures and immediately report to the immediate superior agency.
- The Ministry of Culture and Information, upon receiving notice of a relic being destroyed or at risk of being destroyed, must promptly direct and guide local competent state agencies and relic owners to immediately apply preventive and protective measures; for special national relics, it must report to the Prime Minister.
1.2.3. Steps to organize the implementation of policies to protect and promote tangible cultural values
1.2.3.1. Develop a plan to implement policies to protect and promote tangible cultural values.
In building a policy implementation plan, it is necessary to identify the contents and tasks to organize and provide human resources for the implementation of policies and plans in a reasonable and timely manner.
The plan to implement the policy to protect and promote cultural values, which is developed before putting the policy into practice, must comply with the following basic contents:
- Executive organization: Agencies take the lead and coordinate to implement the assessment of the quantity and quality of human resources to arrange participation in policy implementation...
- Estimated resources: Including components such as finance, facilities, human resources, vehicles, technical equipment...
1.2.3.2. Disseminate and propagate policies to protect and promote tangible cultural values
Good policy dissemination and propaganda helps policy beneficiaries and all people participating in implementation understand the purpose and requirements of the policy; the correctness of the policy in certain circumstances and the feasibility of the policy. Therefore, the work of propagating and disseminating the viewpoints and policies of the Party and State on the policy of protecting and promoting cultural values to the people to create consensus on cultural preservation in the context of increasingly deep international integration. Organize press conferences to propagate policies for mass media agencies, civil servants and public employees doing propaganda work; develop specific guidelines for disseminating the implementation of the policy and send them to agencies and units so that they can study and develop their own plans to implement the policy. In addition, it is possible to propagate by posting in newspapers, magazines, and electronic information pages so that policy beneficiaries and all people know and implement.
1.2.3.3. Determine responsibilities and assign coordination to implement policies to protect and promote tangible cultural values.
To effectively implement the policy of protecting and promoting cultural values, it is necessary to assign and coordinate between sectoral management agencies and local authorities. The success of a policy is made up of many factors. Therefore, in order for the policy implementation to achieve the management objectives, it is necessary to coordinate the factors, departments, and related objects.