DECREE

REGULATIONS ON COMPETENCE, ORDER, PROCEDURES FOR MAKING, APPROVING PLANNING, PROJECT OF PRESERVATION, REPAIR AND RESTORATION OF HISTORICAL AND CULTURAL RELICS AND FAMOUS LANDSCAPE

Pursuant to the Law on Organization of the Government dated 25 December 12, 2001;

Pursuant to the Law on Cultural Heritage dated June 29, 2001 and the Law amending and supplementing a number of Articles of the Law on Cultural Heritage dated June 18, 2009;

Pursuant to the Law on Construction dated November 26, 2003 and the Law amending and supplementing a number of articles related to the basic construction of the Construction Law dated June 29, 2009;

Pursuant to the Law on urban planning dated June 17, 2009;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government issues Decree stipulating competence, order and procedures for formulation, planning approval of project of preservation, repair and restoration of historical and cultural relics and famous landscape.

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GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

This Decree shall detail the competence, order and procedures for formulation, planning approval of project of preservation, repair and restoration of historical and cultural relics and famous landscape. (Hereinafter referred to as relics).

This Decree applies to Vietnamese organizations and individuals upon conducting activities of formulation, approval, planning of project of preservation, repair and restoration of relics; foreign organizations and individuals relating to the operation of preservation, repair and restoration of relics on the territory of Vietnam.

Article 2. Explanation of terms

In this Decree, the following terms are construed as follows:

1. Planning, preservation, repair and restoration of relics are determination of the scope and measures of preservation, repair and restoration of the original elements of the relics in a specified area, orienting the space organization of new works items, technical infrastructure systems and creating the appropriate environment and landscape in the relics area.

2. Project of preservation, repair, and restoration of relics is a collection of suggestions on measures of preservation, repair and restoration of the original elements of the relics, natural landscape, ecological environment and other relevant factors for the purpose of protecting and promoting the values of relics.

3. Economic and technical report on preservation, repair and restoration of relics as the project of preservation, repair and restoration of relics with small scale shall be made in accordance with the Law on Construction and documents of construction investment management must be complied with during the time of preparation technical-economic report.

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5. Standards of preservation, repair and restoration of relics is a technical standard, technical and economic norm, order of execution of technical work, targets, natural and technical indexes issued or accredited by the competent agencies and organization for application in activities of preservation, repair, restoration of relics. Standard of preservation, repair, restoration of relics including mandatory standard and standard of application encouragement

Article 3. Basic principle in activities of preservation, repair and restoration of relics.

1. Complying with the provisions of the law on construction, cultural heritage, the international conventions in which the Socialist Republic of Vietnam is a member and the other relevant provisions of law.

2. Consisting with the strategy of objectives of socio-economic development, national defense and security development planning within the planning area have been approved to ensure the synchronization of infrastructure, unification and harmonization of spatial forms, regional architecture, ensuring sustainable landscape environment and harmony between preservation and development in the region.

3. Planning of preservation, repair and restoration of relics must be made and approved for long-term orientation from 10 years to 20 years as a basis for activities of preservation, repair, restoration, exploitation and promoting the value of relics. Planning of preservation, repair and restoration of relics must be divided into the 5-year period from 2010 for reassessment, consideration and adjustments (if necessary) to match the practical protection of relics with the construction plans and other specialized planning approved and still valid or done.

4. Planning, projects, economic and technical reports, maintenance, repair and restoration of relics must derive from the task of maintaining original elements of the relics to promote the value. Ensuring consistency and compatibility with the architectural space, technical infrastructure, environment and landscape in the planning areas, project, technical and economic reports.

5. Projects, economic reports and technical maintenance, repair, restoration of relics must comply with regulations and standards of maintenance, repair and restoration of relics and in accordance with planning, preservation, repair and restoration of relics.

6. Facilitating the protection and promotion of relics value.

Article 4. Capacity conditions of organizations and individuals in the planning of preservation, repair and restoration of relics, project of preservation, repair and restoration of relics, economic and technical reports on preservation, repair and restoration of relics and preservation, repair and restoration of relics

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2. The Minister of Culture, Sports and Tourism shall promulgate detailed regulations on the professional conditions of organizations and individuals participating in the planning of relics, preparing project of relics repair, developing economic and technical report on repair of relics, formulating design drawing of performance of preservation, repair and restoration of relics and preservation, repair and restoration of relics.

Article 5. Fund for relics planning

Fund for relics planning is balancing from the annual non-business fund of local budget of locality, Ministries and sectors assigned for relics management and other legal funding.

Chapter 2

PLANNING, PRESERVATION, REPAIR AND RESTORATION OF RELICS

Article 6. Classification of relics planning

Relics planning is classified into two following types:

1. Planning of preservation, repair and restoration of relics system (hereinafter referred to as the relics system planning) is planning of entire relics in area of the centrally-affiliated provinces and cities including the special national relics, national relics, provincial-level relics and objects of relic inventory.

2. Master plan for preservation, repair and restoration of relics (hereinafter referred to as relic master plan) is planning for a special national relics or national relics clusters, provincial-level relics to form a distributed population in the same geographic area with a close relationship with the history, culture and science.

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Relics planning with product as dossiers (drawing, explanation) and scheme of planning shall comply with the following order:

1. Requesting policies (together with preliminary estimates) of work to serve relics planning;

2. Organizing the investigation, survey and preliminary evaluation: The social and economic issues; protection and promotion of the relics value; construction investment and related issues;

3. Collecting maps of area terrain measurement, maps of construction planning and other specialized planning approved and valid related to relics planning area;

4. Organizing investigation, survey, preparing dossier dossiers (drawing, explanation) assessing the historical, cultural, scientific and aesthetic value of relics, relics and intangible cultural heritage within the scope of planning;

5. Organizing opinion gathering of organizations and individuals concerned to complete tasks of relics planning;

6. Formulating, assessing and approving task of relics planning;

7. Organizing investigation, survey in detail, archaeological excavation, collection of documents relating to relics planning content;

8. Developing scheme of relics planning;

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10. Appraising and approving scheme of relics planning;

11. Publicizing relics planning approved at locality where relics are located.

12. Organizing boundary demarcation in accordance with the approved relics plans.

Article 8. Task of relics system planning

1. Identifying requirements on research, survey of relics and other socio-economic factors involved in the centrally-affiliated provinces and cities.

2. Identifying the characteristics, nature and value, the current state of the technical condition, using management and promotion of relics values within the scope of planning.

3. Proposing orientation and plan for the relic master plan, plan for preservation, repair and restoration of relics, boundary demarcation for relics protection, plans for violation clearance, organization of relics value promotion for each period of 5 years and 10 years and proposing plans for preparing dossier for relics ranking for objects in the list of relics inventory..

4. Assessing strategic environment, foreseeing environmental impact and proposing measures to protect environment and minimizing negative environmental impacts in the region.

5. Identifying the detailed contents of scheme of planning and the time limit for its completion.

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Article 9. Content of relic system planning

Relic system planning includes the following contents:

1. Ground for planning

2. Generally assessing the characteristics, nature, value, status, technical condition, use management and promotion of relic values within the scope of planning;

3. Short-term and long term objective;

4. Statistics and assessment and analysis of the situation of management, land use of the relic; determination of the list of relics that need adjustment of areas relic protection;

5. Proposing orientation and boundary demarcation plan for the protection of relics clearance of violations, the list of relics needing preservation, repair and restoration by the value and extent of damage, organizing promotion of value of relic for each period of 5 years and 10 years and plan for document preparation of relic ranking for the objects in the list of relic inventory, proposing orientation to build the technical infrastructure system for the protection and promotion of the value of relics;

6. Making orientation of technical infrastructure connection.

7. Estimating expenditure and fund for implementation of planning;

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9. Solution, mechanism and policies for implementation of planning;

Article 10. Task of relic master plan.

1. Identifying requirements on research, survey of relics and other relevant social-economic factors.

2. Studying and assessing the social-economic factors which affect the formulation and implementation of planning.

3. Identifying characteristics and typical values ​​of the relics.

4. Proposing orientation, relic master plan and detailed plan for the boundary demarcation and violation clearance, organizing the promotion of the relic values ​​and preparing dossier for relics ranking.

5. Proposing orientation of spatial organization of architecture and landscape for the preservation of relics and new construction.

6. Identifying the detailed contents of scheme of planning and the time limit for its completion.

Task of relic master plan shall be developed into report for submission to the competent authority as specified in Article 12 of this Decree.

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1. The ground for relic repair planning shall include:

a) Legal documents related to the planning;

b) Strategy and master plan of social and economic development, national defense, planning of relic system of locality have been approved. 

c) Tasks of relic master plan have been approved;

d) Regulations and standards on preservation, repair and restoration of relics.

2. Analysis and assessment of present condition of relic and land of relic include:

a) Result of survey and study of the characteristics and relic values; role of relic in relation to the area; technical condition, management, use and promotion of relic value;

b) Analysis and evaluation of the social and natural environment; socio-economic factors; present condition of land use and technical infrastructure of the planning area;

c) Identifying characteristics and typical values ​​of the relics

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4. Identifying the boundaries of the relic protection areas, proposing the adjustment to expand or narrow the relic protection areas, identifying areas of natural landscape, areas with construction limitation and areas with new construction.

5. Orientation of preservation, repair and restoration of relics: General direction for the preservation, repair and restoration of relics of the entire planning area; list of relic objects needing preservation, repair and restoration for each relic item; principles and basic measures for the preservation, repair and restoration of relic.

6. Orientation to promote relic value ​​associated with the development of sustainable tourism.

7. Orientation of spatial organization, new architectural buildings, height, construction density, architectural form, building materials; orientation of renovation and building of technical infrastructure system in the area of relic master plan.

8. Predicting environmental impacts and proposing environmental protection measures, minimizing the negative environmental impact in the area of relic master plan.

9. Proposing component projects, investment divergence, priority of component projects and investment capital for the projects.

10. Proposing mechanism, policies and solutions for the implementation of relic master plan.

Article 12. Competence, formulation procedures, appraisal and approval of policies and task of relic planning.

1. Competence, formulation procedures, appraisal and approval of policies and task of relic planning:

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b) The Minister of Culture, Sports and Tourism shall coordinate with the Ministries and sector concerned for appraisal and proposal to the Prime Minister for approval of the policies and tasks of relic master plan, the scheme of special national relic master plan and the scheme of national relic master plan with large-scale investment; agreed policies and appraisal of task of relic system planning, scheme of relic system planning, tasks of national relic master plan and scheme of national relic master plan.

c) Chairman of People's Committee of centrally-affiliated provinces and cities (hereinafter referred to as Chairman of provincial-level People's Committee) shall approve the policies and tasks of relic planning not under the approval competence of the Prime Minister or Heads of Ministries or sectors assigned to directly manage the relics; agreement with relic master plan approved under the authority of the Heads of Ministries and sectors assigned to directly manage the relics;

d) Heads of Ministries and sectors assigned to directly manage the relics shall approve the relic master plan within the management competence.

dd) Chairman of provincial-level People's Committee, Heads of Ministries and sectors assigned to directly manage the relics shall make the relic planning under theirs their competence.

2. Procedures for preparation, appraisal, approval of policies, task of relic planning.

a) For special national relics and national relics with large-scale investment, the provincial-level Chairman of People's Committee or Heads of Ministries and sectors assigned to directly manage the relics shall send written request together with one (01) set of dossier by direct submission or by post to the Prime Minister for approval of policies, task of relic master plan for the monument, the overall plan of the monument; sending a written request together with 01 (one) set of dossier by direct submission or by post to the Minister of Culture, Sports and Tourism for appraisal and requesting the Prime Minister to approve the policies and tasks of relic master plan of the scheme of relic master plan.

Within 30 working days from the date of receipt of a written request and valid dossiers, the competent person as specified at Point a, Point b, Clause 1 of this Article shall review the agreement or approve the policies, appraise or approve the task of relic master plan, appraise or approve the task of relic master plan, appraise or approve the scheme of relic master plan within his competence.

b) For national relics, the Chairman of provincial-level People's Committee or heads of ministries and sectors assigned to directly manage the relics shall send a written request together with 01 (one) set of dossier by direct submission or by post to the Minister of Culture, Sports and Tourism to agreed upon the policies, appraise the task of national relic planning, the scheme of national relic planning specified at Point b, Clause 1 of this Article.

Within 30 working days from the date of receipt of a written request and valid dossier, the Minister of Culture, Sports and Tourism is responsible for reviewing agreement and policies, appraising the task of national relic planning, the scheme of  national relic planning within his competence.

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d) For relics under the management competence of Ministries and sectors, the heads of relics management agency shall send a written request together with 01 (one) set of dossier and the agreed opinion of the competent at points b or c, Clause 1 of this Article by direct submission or by post to the Heads of the Ministries and sectors assigned to directly manage relics for approval of policies and tasks of relic planning under the competence.

Within 30 working days from the date of receipt of the written and valid dossier, the Chairman of provincial-level People's Committee, heads of ministries and sectors assigned to directly manage relics is responsible for approval of policies and tasks of relic planning under the management competence.

3. In case of the special national relic master plan but that relic includes many points distributing over several provinces, the Prime Minister shall decide to choose the locality to preside over the planning. For the case of master plan but not the special national relic, the Minister of Culture, Sports and Tourism shall make consideration and decision.

Article 13. Dossier of relic planning

1. Dossier of relic planning includes:

a) Drawing:

Map of relic location on the map background of area terrain measurement with the scale of 1/50.000 or 1/100.000;

Map of identification of key relic areas on map background of area terrain measurement with the scale of 1/10,000 or with appropriate scale depending on the planning area;

Map of orientation of infrastructure development linking key relic areas with the scale of 1/10,000 or having appropriate scale with the planning area.

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c) Written proposal for the approval of scheme of relic system planning.

2. Dossier of relic master plan includes:

a) Drawing:

Map of relic location on the map background of area terrain measurement with the scale of 1/5.000;

Map of area relation with the scale of 1/10,000 - 1/25,000;

A map of the general present condition on land use, architecture, landscape, system of technical infrastructure works and land assessment on the map background of area terrain measurement and map of area construction planning (approved and valid) with the scale of 1/2,000 or appropriate scale with the planning area;

Map of orientation of spatial organization, architecture and landscape with the scale of 1/2,000 or appropriate scale with the planning area;

Map identifying protected areas and boundary demarcation of relics; map identifying areas that need clearance of relic violation with the scale of 1/2,000 or appropriate scale with the planning area;

Map of general layout planning with the scale of 1/2,000 or appropriate scale with the planning area;

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b) Regulations on planning management;

c) General explanation report; agreed policy documents, task assessment, relic planning scheme assessment and other relevant documents;

d) Written proposal for the approval of scheme of general relic planning.

Article 14. Adjustment of relic planning

1. Relic planning when there is one of the following cases:

a) There is an adjustment of general planning of social-economic development, strategy of national defense and security affecting the relics.

b) There is a change on administrative boundaries or geographical and natural conditions;

c) There is a change or new discovery on relics in the planning area.

2. The person with competence for formulation, appraisal and approval of the task of relic planning, scheme of relic planning prescribed in Article 12 of this Decree shall have the competence to formulate, appraise and approve the adjustment of relic planning, scheme of relic planning.

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1. Chairman of provincial-level People's Committee and heads of ministries and sectors assigned to manage the relics shall be responsible for publication, boundary demarcation in the field, provision of information and implementation of relic planning.

2. Minister of Culture, Sports and Tourism shall urge, organize examination and inspection of the implementation of the relic planning.

Chapter 3.

PROJECT OF PRESERVATION, REPAIR AND RESTORATION OF RELIC

Article 16. Competence to formulate project of relic repair

Investor of project of relic repair shall take responsibility to select organizations and individuals eligible for practicing the formulation of project of relic repair and submit the competent level for approval in accordance with current law.

Article 17. Competence, procedures for formulation, appraisal and approval of policies for relic repair, project of relic repair

1. Competence, procedures for formulation, appraisal and approval of policies for relic repair, project of relic repair:

a) For project of relic repair with large investment level must be approved in principle by the Prime Minister as prescribed;

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c) Minister of Culture, Sports and Tourism shall agree the policies to formulate the project of relic repair, appraise the special national project of relic repair, national project of relic repair.

d) Director of the Department of Culture, Sports and Tourism shall agree the policies to formulate project of relic repair and appraise the provincial-level project of relic repair.

2. Procedures for formulation, appraisal and approval of policies to formulate project of relic repair and project of relic repair:

a) For special national relics and national relics, the Chairman of provincial-level People's Committee or heads of ministries and sectors assigned to directly manage the relics shall send written request together with 01 (one) set of dossier by direct submission or by post to the Minister of Culture, Sports and Tourism.

Within 30 working days from the date of receipt of a written request and valid dossier, the Minister of Culture, Sports and Tourism is responsible for considering the policy agreement to formulate project of relic repair or appraise project of relic repair.

b) For provincial monuments under the management competence of the provincial-level People's Committee, the Director of the Department of Culture, Sports and Tourism shall send a written request together with 01 (one) set of dossier by direct submission or by post to the Chairman of provincial-level People's Committee.

Within 30 working days from the date of receipt of a written request and valid dossier, the Chairman of provincial-level People's Committee shall approve the policies of formulation of project of relic repair or project of relic repair.

c) For provincial monuments under the management competence of Ministries and sectors, the Heads of agencies assigned to directly manage the relics shall send a written request together with 01 (one) set of dossier and written appraisal of the Director of the Department of Culture, Sports and Tourism by direct submission or by post to the Heads of Ministries and sectors assigned to directly manage the relics.

Within 30 working days from the date of receipt of a written request and valid dossiers, the Heads of Ministries and sectors assigned to directly manage the relics shall approve the policies to formulate project of relic repair or approve project of relic repair.

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Article 18. Order for formulation, appraisal and approval of project of relic repair

1. Requesting policies to formulate project of relic repair;

2. Surveying and collecting documents on relics and issued related to the relics;

3. Formulating project of relic repair;

4. Gathering opinions of organizations and individuals on project of relic repair;

5. Appraising and approving project of relic repair;

6. Making public announcement of project of relic repair approved at locality where located the relics.

Article 19. Content of project of relic repair

1. Explaining project of relic repair includes the following contents:

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b) Generally introducing the relics and historical, cultural and scientific value of the relics;

c) Report on detailed survey on issues of history, archeology, culture, architecture and art, the process of construction, repair, technique, construction materials of the relics; evaluation of the technical condition, the management situation and use of relics and the survey results in accordance with the Law on Construction;

d) Objectives of project of relic repair;

dd) Point of view; principles on preservation, repair and restoration of relics are applied in the project of relic repair.

e) Plan for design of general layout of relic; plan for relic violation clearance (if any); plan for preservation, repair and restoration of each item of the relics; plan for relic protection and other relic object during the performance process; plan for maintenance of operation in the relic during the performance process; plan for termite prevention and fire and explosion prevention and fighting; plans for new construction and technical infrastructure;

g) Technical solutions, technology and materials used for preservation, repair and restoration of relic;

h) Architectural design plan for new construction works in need of architecture;

i) Assessing natural impacts of project of relic repair;

k) Estimating expenditures and capital to carry out project of relic repair;

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m) Plan for maintenance, management, protection and promotion of relic value.

2. The set of color photo size 10 x 15cm generally describing the relics, relic items, typical structures, relic objects, deterioration of the works. Photos shall be taken at the time of survey and formulation of project of relic repair.

3. Basic design of project of relic repair includes:

a) Drawing, documentation photos related to the process of formation, survival, transformation and the previous repairs of the relics;

b) Drawings of relic present condition include:

Drawings identifying the relic location on provincial-level administrative map, scale 1/50,000;

Drawings of present condition of general layout of the relics; scale 1/50,000;

Drawings of the present condition of work items of the relics, drawings of the present condition of each item of the relic, the drawing of the present condition of elevation of each item of the relic, drawing of the present condition of section of each item of the relic, the drawing of the present condition of each component of each relic item in need of preservation, repair and restoration with the scale of 1/50.

c) Drawing of design of relic preservation, repair and restoration includes:

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Drawing of layout design of work items of the relic, the drawing of layout design of each relic item, the drawing of elevation design of each relic item, the drawing of sectional design of each relic item, the drawing of each component of relic items with the scale of 1/50.

The drawing of design of each new construction item in accordance with regulations of the law on consutrction.

dd) The perspective drawing on paper A3 or larger size.

Article 20. Design of performance drawing of preservation, repair and restoration of relics

1. Investor shall formulate design of performance drawing of preservation, repair and restoration of relics after the project of relic repair is approved by the competent agencies as specified in Clause 1, Article 17 of this Decree. The approval competence of design of performance drawing of preservation, repair and restoration of relics shall comply with the provisions of the Law on Construction.

2. Minister of Culture, Sports and Tourism of shall regulate the content, appraisal competence of performance drawing design of preservation, repair and restoration of relics.

Article 21. Dossier to submit for approval of project of relic repair.

1. Document to request the approval of project of relic repair of the investor.

2. Document of appraisal of the competent agencies as prescribed in Article 17 of this Decree.

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4. The written agreement of policy, project appraisal and other relevant documents.

Article 22. Economic and technical report on relic repair

1. The investor shall make technical and economic report of relic repair for submission to the competent level to make decision on investment for approval in the following cases:

a) The preservation, repair and restoration of relic only at the degree of reinforcement and small repair of items, simple structures not affecting the original factors constituting the relics and not choosing different plans;

b) Only renovating or building new works to serve the protection and promotion of relic value.

2. Content of technical and economic report of relic repair includes:

a) Grounds for making technical and economic report of relic repair;

b) Generally introducing the relics and historical, cultural and scientific value of the relics;

c) Making preliminary survey report on issued of design, art, technique, building material of the relics; Assessing the technical situation and survey results as prescribed in the Law on Construction.

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dd) Plan for preservation, repair and restoration of each item of relics; plan for protection of relics and objects during the process of performance; plan for mite, fire and explosion prevention and fighting; plan for building of new works and technical infrastructure.

e) Estimating expenditure and capital to carry out the preservation, repair and restoration of relics.

3. Competence of appraisal and approval of technical and economic report on relic repair as prescribed in Article 17 of this Decree.

Article 23. Adjustment of project of relic repair and technical and economic report on relic repair.

1. The project of relic repair and technical and economic report on relic repair, after being approved and deployed for implementation, is only adjusted when there is one of the following cases:

a) There are new regulations of law on construction, law on cultural heritage and other relevant laws;

b) There are new supplements and findings on the relics;

c) There are major adjustments on relic planning and plan for preservation, repair and restoration of relic.

d) There appear new impact factors of the environment likely to seriously effect and cause risks of relic damage.

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2. Person having competence to appraise, approve project of relic repair and technical and economic report on relic repair shall have the competence to appraise and approve the adjustment of project of relic repair and technical and economic report on relic repair,

Chapter 4.

IMPLEMENTATION PROVISION

Article 24. Effect

This Decree takes effect on November 15, 2012.

Article 25. Implementation organization

1. Ministers, heads of ministerial-level agencies, the heads of the agencies directly under the Government, the Chairman of provincial-level People's Committee within their duties and powers shall implement this Decree.

2. Minister of Culture, Sports and Tourism in coordination with the Minister of Construction, Minister of Finance promulgate the cost norm of relic planning, formulate project of relic repair and economic report on relic and design of drawing for the performance of relic repair.

3. The planning and project of relic repair approved before the effective date this Decree shall not be submitted for the re-approval of the planning and projects. The remaining content of work shall comply with the provisions of this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Nghị định 70/2012/NĐ-CP quy định thẩm quyền, trình tự, thủ tục lập, phê duyệt quy hoạch, dự án bảo quản, tu bổ, phục hồi di tích lịch sử - văn hóa, danh lam thắng cảnh