Only regulations prohibit trading in national treasures
Pursuant to the regulations and to ensure compliance with the Enterprise Law and the Investment Law, in order to encourage the purchase and sale of relics, antiquities and national treasures in the country to increase the value of cultural heritage, the Ministry of Culture, Sports and Tourism said that the draft Law on Cultural Heritage (amended) aims to stipulate that relics and antiquities under common ownership and private ownership can be transferred through civil sale, exchange, donation, inheritance and doing business in the country according to the provisions of law; National treasures are under common ownership, private ownership can be transferred through civil purchases, exchanges, gifts, and inheritance within the country. Thus, the draft Law only stipulates a ban on trading in national treasures and banning the export of relics and antiquities, ensuring compliance with the provisions of the Investment Law and the Enterprise Law.
The regulation banning the trading and selling of national treasures, the option proposed by the Ministry of Culture, Sports and Tourism, was agreed upon by many experts, collectors, and owners of many private museums with national treasures (photo of two national treasures). family: Dai Nam jade seal, eternal destiny passed down to the country and Hoang Ha bronze drum)
Regarding the regulation banning trading and trading of national treasures, the option proposed by the Ministry of Culture, Sports and Tourism is agreed upon by many experts, collectors, and owners of many private museums with national treasures.
According to the Department of Cultural Heritage, the Ministry of Culture, Sports and Tourism proposed two options. Option 2 stipulates that "National treasures under common ownership and private ownership can only be transferred, exchanged, donated, or inherited domestically according to the provisions of law and cannot be traded" at point c Clause 1, Article 1, Draft 40 of the Law on Cultural Heritage (amended); Adding the content of "Business of buying and selling national treasures" to the provisions on prohibited business and investment sectors of the Investment Law No. 4/61/QH2020. At the same time, amend and supplement Appendix IV of the Investment Law.
The advantage of this plan is to ensure consistency with the provisions "No one may be illegally restricted or deprived of ownership rights or other rights to property" and the provision "The right to dispose of property is only limited." in cases prescribed by law" in Clause 1, Article 163, Clause 1, Article 196 of the Civil Code; Help prevent the risk of loss, destruction or illegal trading of national treasures; Prevent the risk of taking advantage of the title of national treasure for personal gain; helps ensure cultural heritage is preserved and transmitted to current and future generations. The disadvantage of option 1 is that it limits the right of the owner of the national treasure to decide.
Option 2 maintains the provisions of the current Cultural Heritage Law on allowing the purchase and sale of national treasures that are not owned by the entire people and Appendix IV of the Investment Law No. 61/2020/QH14.
The advantage is that it does not limit the right of the owner of the national treasure to decide. The disadvantage is that it limits the owner's right to dispose of national treasures under common ownership and the owner's private ownership.
The draft Law on Cultural Heritage (amended) was drafted on the basis of viewpoints to continue to fully and promptly institutionalize the Party's viewpoints and policies on culture and cultural heritage.
From the above 02 options, the Ministry of Culture, Sports and Tourism has proposed to choose Option 1 to be included in the draft Law, specifically in Article 99. Amending and supplementing a number of articles of other related laws , at points a and c, Clause 2: “a) Add points i and k after point h, Clause 1, Article 6 as follows: (i) Trading in national treasures.
(k) Export business of relics and antiques”
(c) Amending and supplementing industries and occupations No. 201, 202 of Appendix IV List of conditional investment and business industries and occupations as follows: (201) Trading in relics and antiques; (202) Import of cultural goods under specialized management of the Ministry of Culture, Sports and Tourism.
Prohibition of export of relics and antiquities
Regarding regulations prohibiting the export of relics and antiquities, the Ministry of Culture, Sports and Tourism proposed two options. Option 2 included in the draft Law on Cultural Heritage (amended) stipulates that "Relics and antiquities under common or private ownership can only be transferred, exchanged, donated, inherited and traded in in the country according to the provisions of law"; At the same time, amend and supplement the Investment Law and Appendix IV of the Investment Law. The advantage of the plan is to ensure consistency with the provisions "No one may be illegally restricted or deprived of ownership rights or other rights to property" and the provision "The right to dispose is limited only within cases prescribed by law" in Clause 1, Article 1, Clause 163, Article 1 of the Civil Code; in accordance with international conventions on cultural heritage to which Vietnam is a member; Prevent the risk of theft, illegal digging of relics and antiquities and the loss of the nation's cultural heritage treasures abroad. The disadvantage of the plan is that it limits the rights of owners of relics and antiquities.
Option 2, retains the provisions of the current Cultural Heritage Law allowing relics and antiquities that are not owned by the entire people to be bought, sold, exchanged, donated and bequeathed abroad according to regulations. under the law. According to the Ministry of Culture, Sports and Tourism, the advantage of this option is that it does not limit the owner's right to decide. The disadvantage is promoting the public, legal and uncontrollable transfer of Vietnamese relics and antiquities abroad; At the same time, difficulties arise in the process of protecting and promoting cultural heritage values, increasing the bleeding of antiques abroad. From the above two options, the Ministry of Culture, Sports and Tourism proposes to choose option 2 to be included in the draft Law.
Draft Law on Cultural Heritage (amended) to prevent the loss of the nation's cultural heritage treasures abroad
The Ministry of Culture, Sports and Tourism said that the draft Law on Cultural Heritage (amended) was drafted on the basis of viewpoints to continue to fully and promptly institutionalize the Party's viewpoints and policies on culture and heritage. culture. Inheriting and developing current provisions of law on cultural heritage that have been tested in practice; amend and supplement regulations to overcome shortcomings and limitations in policies and laws that have been pointed out in the process of summarizing the implementation of the Cultural Heritage Law.
The goal of the two proposed options is to overcome ongoing shortcomings and prevent the risk of loss, destruction or illegal trading of national treasures; Prevent the risk of taking advantage of the title of national treasure for personal gain as well as prevent the risk of theft, illegal digging of relics, antiquities and loss of the nation's cultural heritage treasure abroad.
According to the Department of Cultural Heritage, to resolve issues with differing opinions between the Project on the Law on Cultural Heritage (amended) and the Law on Archives (amended), Resolution No. 26/NQ-CP dated December 29, 02. 2024/2 on the thematic meeting on law making in February 2024 of the Government assigned the Ministry of Culture, Sports and Tourism and the Ministry of Home Affairs to coordinate to unify regulations and avoid overlaps./.
