Responding to the petition of Hai Phong City voters sent before the 7th session, 15th National Assembly

The Ministry of Culture, Sports and Tourism received a petition from voters of Hai Phong City transferred by the Petition Committee according to Official Dispatch No. 499/BDN dated June 14, 2024, the content of the petition is as follows:

1. Regarding the draft Law on Cultural Heritage (amended):

– Voters reflect that the content of restoring historical and cultural relics and scenic spots does not include the restoration of the nation's intangible cultural heritage values. Voters recommend that research be submitted to the National Assembly for consideration and specific regulations on the restoration of intangible cultural heritage.

– Voters believe that, in order to reduce administrative procedures when requesting opinions from the Ministry of Culture, Sports and Tourism for groups of national relics with little architectural value and small scale, creating conditions for localities to be more flexible in decentralization, voters propose to submit to the National Assembly for consideration and addition to the draft Law the content "The Ministry of Culture, Sports and Tourism agrees with the Provincial People's Committee on the list of authorization to approve projects to restore and embellish national historical and cultural relics and scenic spots".

– Voters believe that the draft Law on Cultural Heritage (amended) has added provisions on “Authority and procedures for canceling the ranking of relics”, contributing to enhancing the responsibility of organizations and individuals assigned to manage relics as well as creating convenience in relic management and resolving violations related to relics. Voters recommend studying and considering adding provisions on “Downgrading the ranking of historical relics and scenic spots”.

– Voters reflect that currently many localities and units have traditional houses and exhibition houses (which also reflect culture and history) but there are no specific regulations. Voters recommend researching and considering adding regulations on traditional houses and exhibition houses so that localities can implement them more conveniently.

2. Voters reflect that currently there is no document providing detailed guidance on "restoring historical and cultural relics and scenic spots" but only focuses on guidance on the preservation and restoration of relics. Voters recommend that detailed regulations be issued soon for localities to implement.

3. Voters believe that projects for preserving, restoring, and embellishing historical relics and scenic spots are regulated in great detail with many related processes, procedures, and standards. However, currently, most of the communal-level relics are restored and embellished from "socialized sources" and resources are not proactively available, and must last for many years, and the speed or slowness depends on the people's contributions. Voters recommend studying and considering the issuance of specific regulations on related procedures and documents, cutting down on contents that are not applicable or difficult to apply compared to projects using state budget funds.

4. At Point a, Clause 2, Article 49 of Decree No. 105/2012/ND-CP dated December 17, 2012 of the Government on organizing funerals for cadres, civil servants and public employees, it is stipulated that:

“a) The Funeral Organizing Committee is decided by the Party Committee, local socio-political organization, local government (commune, ward, town, neighborhood) where the deceased retired and resided in coordination with the agency, organization, armed forces unit that managed the deceased before retirement, including members representing organizations, local government, family representatives and representatives of the agency, armed forces unit that managed the deceased before retirement”.

Voters reflect that the phrase “neighborhood” causes different understandings and implementations in different places. Voters suggest studying and amending the phrase “neighborhood” to “village, residential group” to make implementation easier.

The Minister of Culture, Sports and Tourism has responded to voters.

The Ministry's e-portal publishes the full text of the response of the Minister of Culture, Sports and Tourism according to Official Dispatch No. 3443/BVHTTDL-VP dated August 13, 2024 regarding the response to the petition of voters of Hai Phong City. sent before the 7th session, 15th National Assembly as follows:

On the proposal regarding the restoration of intangible cultural heritage

The restoration of intangible cultural heritage has been stipulated in Article 3 and Article 13 of Decree No. 39/2024/ND-CP dated April 16, 2024 of the Government stipulating measures to manage, protect and promote the value of intangible cultural heritage in UNESCO lists and the National List of Intangible Cultural Heritage.

In addition, the draft Law on Cultural Heritage (amended) also has provisions on the restoration of intangible cultural heritage. Currently, the Government is submitting to the National Assembly for consideration and approval the Draft Law on Cultural Heritage (amended), which is expected to be passed by the National Assembly at the 8th session.

Regarding the proposal to add to the draft Law on Cultural Heritage (amended) the content "The Ministry of Culture, Sports and Tourism agrees with the Provincial People's Committee on the list of authorization to approve projects to restore and embellish national historical and cultural relics and scenic spots"

For projects on preservation, restoration and rehabilitation of national-level relics, the draft Law on Cultural Heritage (amended) has inherited some of the contents of decentralization and delegation of powers according to the provisions of the current Law, which are being implemented stably, appropriately and effectively in practice; Continue to expand the contents of decentralization and delegation of powers to localities, at the same time, new contents of decentralization and delegation of powers assigned to localities to emphasize the proactive role of direct and comprehensive management of cultural heritage of local authorities at all levels; ensure clear state management responsibilities from central to local levels as well as owners; shorten the procedural process and project appraisal time to simplify procedures, creating convenience for organizations and individuals.

Specific regulations on decentralization and delegation of authority to localities in establishing, appraising, and deciding on investment in projects to preserve, repair, and restore relics; specific regulations on periodic preservation, regular repair, and urgent repair of relics completely decentralized to localities have been included in the draft Law on Cultural Heritage (amended) which is being submitted to the National Assembly for promulgation in the coming time.

On the proposal to supplement regulations on downgrading the ranking of historical relics and scenic spots

Article 23 of the draft Law on Cultural Heritage (amended) stipulates the ranking and cancellation of the ranking of relics. Accordingly, within the national scope, relics are ranked at 3 levels: Special national level, national level, and provincial level. The criteria for ranking relics at each level are stipulated in Clause 1, Article 23 of the draft Law. In case it is determined that a relic no longer meets the provisions in Clause 1, Article 23, the person with the authority to decide on the ranking of the relic has the right to decide to cancel the ranking decision for that relic. This provision ensures that the ranking of relics is appropriate to the value of the relic at each level.

Regarding the proposal to supplement regulations on traditional houses and exhibition houses so that localities can implement them more conveniently

Article 48 of the draft Law on Cultural Heritage (amended) stipulates the protection and promotion of the value of relics, antiques, and national treasures in traditional houses, souvenir houses, exhibition houses, or those under common or private ownership.

On the proposal to issue detailed regulations on "restoration of historical and cultural relics and scenic spots"

Clause 24, Article 3 of the draft Law on Cultural Heritage (amended) clearly stipulates the restoration of historical-cultural relics and scenic spots. Accordingly, the restoration of historical-cultural relics and scenic spots is an activity to reconstruct the original historical-cultural relics and scenic spots that have been destroyed based on scientific data on those historical-cultural relics and scenic spots.

Regarding the proposal to issue specific regulations on related procedures and documents, cutting down on contents that are not applicable or difficult to apply in practice compared to projects using state budget capital.

Inheriting the provisions of the current Law on Cultural Heritage, the draft Law on Cultural Heritage (amended) being submitted by the Government to the National Assembly does not regulate communal-level relics. However, the draft Law has added provisions on the establishment, appraisal and decision on investment in projects to preserve, renovate and restore relics using socialized capital.

Regarding the proposal to study and amend the phrase "neighborhood" to "village, residential group" at Point a, Clause 2, Article 49 of Decree No. 105/2012/ND-CP of the Government on organizing funerals for cadres, civil servants and public employees

The Ministry of Culture, Sports and Tourism would like to receive comments from voters of Hai Phong City and will synthesize and study them in the process of advising the Government to review and revise the content of Decree No. 105/2012/ND-CP of the Government.

The Ministry of Culture, Sports and Tourism respectfully sends to the National Assembly Delegation of Hai Phong City to respond to voters.

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Source: https://bvhttdl.gov.vn/tra-loi-kien-nghi-cua-cu-tri-thanh-pho-hai-phong-gui-toi-truoc-ky-hop-thu-7-quoc-hoi-khoa-xv-20240909143956009.htm