Legal regulations related to conservation

Friday - 15/04/2022 14:13
Management, Conservation and Use of the relics in Hoi An Ancient Town mainly related to the following legal documents:
Law on Cultural Heritage (approved by the 10th National Assembly of the Socialist Republic of Vietnam, the 9th session from May 22-25th, 2001, amended and supplemented in 2009)
Decree No. 92/2002/ND-CP dated November 11st, 2002 by the Government regarding stipulation on detailed implementation of some articles of the Law on Cultural Heritage
Decree No. 180/2007/ND-CP dated December 7th, 2007 by the Government regarding stipulation on detailed implementation and guidelines of some articles of the Construction Law regarding the handling of violations of urban construction order
Decree No. 56/2006/ND-CP dated June 6th, 2006 by the Government regarding the sanction against administrative violations in Cultural and Information activities
Regulations on preservation, restoration of historic and cultural relics and landscapes approved by the Ministry of Culture and Information (issued with Decision No. 05/2003/QD-BVHTT dated February 6th, 2003 by Minister of Culture and Information)
Decision No. 506/VHQD dated March 19th, 1985 by Ministry of Culture regarding recognition of Hoi An Ancient Town as National Relic of Culture and History
Regulation on management, conservation and use of Hoi An Ancient Town (issued with Decision on No. 2337/2006/QD-UBND dated October 10, 2006 by the People’s Committee of Hoi An Town and Decision No. 02/2008/QD-UBND dated May 23, 2008 regarding the adjustment and supplementation of Regulations on management, conservation and use of Hoi An Ancient Town)

* Organizations related to conservation:
In addition to community members, there are agencies from central government to local government involved in monitoring the conservation process in Hoi An.
Functions of government Agencies
• Quang Nam Province People’s Committee: is responsible for the management of cultural heritage at the provincial level.
• Hoi An City People’s Committee: is responsible for the protection and promotion of tangible cultural heritage and intangible cultural heritage at the municipal level; prevent, protect and sanction against administrative violations; propose the state agencies in ranking and planning to protect, preserve, restore and promote the value of relics.
• The People’s Committees of the Wards and Communes: are responsible for the urgent protection and preservation of cultural heritage; receive declarations of cultural heritage for submission to superior agencies; recommend ranking relics; promptly prevent all behaviors affecting the safety of cultural heritage; prevent and sanction against superstitious activities according to its competence.
Functions of Ministry of Culture, Sports and Tourism
Ministry of Culture, Sports and Tourism: is responsible to the Government for the management of cultural heritage.
• Department of Cultural Heritage: is a direct advisory agency, assisting the Ministry of Culture, Sports and Tourism in the management of cultural heritage.
• Quang Nam Department of Culture, Sports and Tourism: is directly responsible for conducting cultural heritage activities.
• Hoi An Department of Culture and Information: Implements the management of culture, information, restoration, use and exploitation of relics and landscapes on the basis of the 2002 Cultural Heritage Law and the Regulation of management, conservation and use of Hoi An relics and landscapes; is as the lead agency in coordinating activities to resolve issues related to the management of relics and landscapes in the city; request Hoi An Center for Cultural Heritage Management and Preservation and the People’s Committees of Wards in the ancient town to report and explain issues related to the relic management.
• Hoi An Center for Cultural Heritage Management and Preservation: is under the management of the Hoi An City People’s Committee and the professional guidance of Quang Nam Department of Culture, Sports and Tourism; assisting the City People’s Committee in the management of Hoi An relics and landscapes; researching, collecting, preserving, restoring the relics and promoting the value of the relics of culture and revolutionary history, famous landscapes in Hoi An; coordinating with related agencies to directly advise the City People’s Committee on licensing construction and repair in the ancient town; taking responsibility in guiding and inspecting citizens to strictly observe the contents of construction permits; coordinating with the Ward People’s Committee and related agencies in inspection and sanction against violation of construction.
Urban Management Department: assisting the City People’s Committee in the management of urban, architecture and construction, and is mainly responsible for checking the application for construction and repair permits of the contents of technique, structure and property.
• Hoi An Public Administrative Center: is the focal point in receiving and returning the dossiers and permits of housing construction, other works of citizens and organizations; supervising and urging all bodies and functional agencies to return dossiers and permits of the City People’s Committee; is responsible for sending permits to localities and functional agencies to monitor and inspect.
• Inspection Team of Regulations: associating with the People’s Committee of Wards and Hoi An Center for Cultural Heritage Management and Preservation to inspect and detect violations in urban construction order.
Functions of other Ministries: In addition to Ministry of Culture, Sports and Tourism, there are the related Ministries including Ministry of Planning and Investment, Ministry of Finance, Ministry of Construction, Ministry of Education and Training, Ministry of Science and Technology, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment.
 

Source: Hoi An Center for Cultural Heritage Management and Preservation

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