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Create a legal corridor to protect and promote cultural heritage values


Creating a legal corridor to protect and promote cultural heritage values ​​- Lesson 1: It is urgent to amend the Law - Photo 1.

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Protecting and promoting the values ​​of Vietnam's cultural heritage is a very urgent requirement

In recent times, the work of preserving and promoting cultural heritage values ​​has always been of concern to our Party, creating favorable conditions to preserve the nation's cultural identities, contributing to promoting development. socio-economic development, spreading cultural values ​​to international friends, contributing to enhancing national position...

The importance, role and position of culture in the cause of protecting and building the socialist Vietnamese Fatherland is expressed through Resolutions of the Party Central Committee, the National Assembly and the Government. , is the basis for authorities to concretize and develop policies to protect and promote cultural heritage values.

During a meeting with the Vietnam Cultural Heritage Association at the end of 2023, Politburo member and Standing Vice Chairman of the National Assembly Tran Thanh Man affirmed that the throughout policy of our Party and State is to develop culture. goes hand in hand with economic growth, progress and social justice.

In particular, the Law on Cultural Heritage is an important document, creating a legal corridor to protect and promote the value of cultural heritage and enhance the effectiveness of state management, enhancing the people's responsibility in protecting and promoting cultural heritage. Participate in protecting and promoting cultural heritage values.

“In the context of many difficulties and challenges in the world, protecting and promoting the values ​​of Vietnamese cultural heritage is a very urgent and important requirement in the cause of building and protecting the Fatherland” – Deputy The Standing Chairman of the National Assembly emphasized.

Standing Member of the National Assembly's Culture and Education Committee Bui Hoai Son said that since the 2021 National Cultural Conference, culture in general and cultural heritage in particular have received special attention. of the whole society. General Secretary Nguyen Phu Trong emphasized: culture is the soul of the nation, expressing the nation's identity. As long as culture exists, the nation will survive.

Cultural heritage is the fundamental factor that forms cultural identity, helping us gain the confidence and bravery to affirm our nation's values ​​in the process of international integration. Because of such importance, our interest in preserving and promoting heritage values ​​is also the way we form the country's combined strength and protect the nation's cultural sovereignty.

“It is not natural that any touch on a heritage receives a lot of attention from society. Losing heritage, losing the mark of time, that place will lose its inherent spirit and soul" - Mr. Bui Hoai Son said.

At the 6th Session of the National Assembly, many National Assembly delegates also raised the issue of needing to continue amending and supplementing the Law on Cultural Heritage along with detailed regulations and implementation instructions to keep up with the changes. social movement and change, adjusting and concretizing remaining problems, in order to create the most favorable legal corridor for activities to protect and promote the value of the nation's cultural heritage. .

Many delegates said that, in response to the urgent demands and demands of the ongoing reality, the system of legal documents on cultural heritage is also gradually revealing a number of limitations and inadequacies in terms of content. and form in each field.

It is urgent to amend the Law on Cultural Heritage (amended)

Deputy Minister of Culture, Sports and Tourism Hoang Dao Cuong said that the Cultural Heritage Law promulgated in 2001, amended and supplemented with a number of articles in 2009, is a step to concretize the policy on cultural heritage conservation according to the Constitution of 1992. XNUMX and the spirit of the Resolution of the Fifth Conference of the Party Central Committee (Term VIII), along with related international treaties of which Vietnam is a member.

With the efforts and contributions of the entire society, after 23 years of implementation, the cause of protecting and promoting the value of national cultural heritage has achieved a number of important achievements, recognized by the Party, State, and people. recognized by the people and the world, contributing to promoting traditional cultural values, consolidating great national unity, realizing social progress and justice, improving people's lives, and ensuring harmonious cohesion. harmonizing economic development with culture and society...

However, according to Deputy Minister Hoang Dao Cuong, since the Law took effect until now, many guidelines and policies of the Party and State continue to be promulgated to strengthen orientation for cultural activities, including has cultural heritage, such as: Resolution No. 33-NQ/TW of the 76th Party Central Committee; Conclusion No. 33-KL/TW of the Politburo on continuing to implement Resolution No. 2021-NQ/TW of the XNUMXth Party Central Committee; Resolution of the XNUMXth National Congress of the Party; Conclusion of General Secretary Nguyen Phu Trong at the XNUMX National Cultural Conference...

In order to institutionalize the spirit of the 2013 Constitution on ensuring "the right to enjoy and access cultural values, participate in cultural life, and use cultural facilities" (Article 41) and advocate , the Party's guidelines, the State's policies on cultural heritage in the current context; Carrying out the tasks assigned by the Prime Minister, from 2023, the Ministry of Culture, Sports and Tourism has actively coordinated with ministries, branches, political organizations, socio-political organizations and localities to build the Project. Law on Cultural Heritage (amended).

The Law Project was included by the National Assembly in the National Assembly's Law and Ordinance Building Program (Resolution No. 89/2023/QH15 dated June 02, 6 of the National Assembly on the 2023 Law and Ordinance Building Program, Article Adjusting the Law and Ordinance Development Program in 2024), assigned by the Prime Minister to preside over the drafting (Decision No. 2023/QD-TTg dated July 805, 06 of the Prime Minister on assignment of presiding agency Drafting and submission deadlines for law projects are adjusted in the 7 Law and Ordinance Building Program and law projects under the 2023 Law and Ordinance Building Program).

Regarding the specific reasons for amending the Law, Deputy Minister Hoang Dao Cuong said that although it is a Law on specialized fields, many provisions and provisions of the law are still of general principles or do not have provisions assigned to them. Competent state agencies issue specific regulations and instructions that are not favorable for practical implementation, such as: detailed regulations on prohibited acts; on the order and procedures for cancellation of ranking and registration of heritage sites, and cancellation of recognition of national treasures; Procedures for adjusting zoning for relic protection; process of receiving, handing over, dividing, and managing artifacts, relics, and antiques after archaeological excavation; Procedures for receiving and removing artifacts at relics...

In addition, there are a number of issues that arise in practice that need to be newly supplemented in the Law. Specifically, the current Cultural Heritage Law does not stipulate the content of activities and mechanisms to attract social resources and mobilize the contributions and participation of organizations and individuals in the work of preserving the cultural heritage. protect, exploit, use and promote cultural heritage values... while in modern social practice, localities focus on exploiting and promoting heritage values ​​in socio-economic development, so they should collect Attracting businesses that contribute to protecting and promoting cultural heritage values...

Some laws that are intertwined with the Cultural Heritage Law such as Land Law, Planning Law, Construction Law, Investment Law, Public Investment Law, Environmental Protection Law, Forestry Law... have been amended, Additional regulations related to cultural heritage should be stipulated in the Cultural Heritage Law to ensure consistency and uniformity in the legal system; International Conventions and Programs related to cultural heritage to which Vietnam is a member need to be legislated./.

The draft Law on Cultural Heritage (amended) is composed of 9 chapters and 101 articles, an increase of 2 chapters and 27 articles compared to the current Law on Cultural Heritage (7 chapters and 74 articles), of which: 1 chapter on rewards is removed. and handling violations, into 03 new chapters: Protecting and promoting the value of documentary heritage (Chapter V); Museum (Chapter VI); Business and service activities related to cultural heritage (Chapter VIII).

The Law on Cultural Heritage (amended) focuses on 03 main contents in the policies approved by the National Assembly, including: "Policy 1: Completing regulations on principles, subjects, order, Procedures for inventory, identification, registration, measures to manage, protect and promote cultural heritage values ​​in the fields of tangible cultural heritage (monuments; relics, antiques, national treasures) heritage), intangible cultural heritage, documentary heritage and museum activities. Policy 2: Improve the organizational and operational efficiency of agencies directly managing heritage, strengthen the content, responsibilities, and mechanisms to implement decentralization and decentralization of state management of cultural heritage from central to local. Policy 3: Strengthen content, mechanisms and policies to promote socialization and attraction, improve the efficiency of mobilizing resources to protect and promote cultural heritage values.



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