Proposal to develop a Law on Cultural Heritage (amended) in Vietnam

Proposal to develop a Law on Cultural Heritage (amended) in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Proposal to develop a Law on Cultural Heritage (amended) in Vietnam

The proposal to develop a Law on Cultural Heritage (amended) is the content of Resolution 159/NQ-CP at the thematic session on lawmaking in November 2022.

The Government of Vietnam agrees on the necessity and purpose of developing a Proposal to develop a Law on Cultural Heritage (amended) to fully institutionalize the Party's guidelines and policies on protecting and promoting the value of cultural heritage; create a complete legal basis and a synchronous and unified legal system; Promote the assignment, decentralization, and socialization of the work of protecting and promoting cultural heritage values; Harmoniously resolve the relationship between cultural heritage conservation and development, between issues related to cultural rights and human rights, for the goal of sustainable development.

Regarding the policies in the Proposal to develop a law, the Minister of Culture, Sports, and Tourism is requested to direct the collection of opinions from relevant ministries and agencies and continue to research and clarify a number of contents to complete the dossier of Proposal to develop a Law, specifically as follows:

- Carefully summarize the implementation of the current Cultural Heritage Law, specifically evaluate the problems, inadequacies, subjective and objective causes, and practical basis of the regulations that need to be amended, clearly define the scope of regulation that needs to be covered by the proposed Law, avoid legal gaps, and ensure the concretization of the Party's policies and the provisions of the Constitution on the right to "enjoy and access cultural values, participate in cultural life, and use cultural facilities".

- Research and determine specific policies to ensure feasibility when protecting, preserving, and promoting cultural heritage values. While evaluating thoroughly, deeply, and comprehensively each policy, ensure the content of the policy impact assessment complies with the provisions in Article 5 of Decree 34/2016/ND-CP (amended in Decree 154/2020/ND-CP).

- Continue to research and clarify the policy content on decentralization and decentralization in cultural heritage management in the direction that central state management agencies are responsible for promulgating institutions, policies, and strategies; planning; standards; regulations; conditions; resource allocation; and strengthening inspection, examination, supervision, emulation, and rewards as a basis for local agencies to manage cultural heritage in accordance with regulations, both promoting the value of cultural heritage and promoting local socio-economic development. Increase financial resources for localities to carry out decentralized tasks.

- Research appropriate investment mechanisms to encourage private investment or investment in the form of public-private partnerships participating in the process of preserving and promoting the socio-economic effectiveness of cultural heritage values in a sustainable way; assess the impact more clearly on the necessity of building a "digital museum", clarifying that the investment method for the museum is capital from the state budget or socialization.

- Clarify the necessity and feasibility of establishing the Cultural Heritage Fund in the Law to ensure proper implementation of Resolution 23/2021/QH15, according to which the Government is reviewing and rearranging Funds whose revenue sources and expenditure tasks overlap with the state budget or are no longer appropriate.

- Analyze and clarify the necessity of amending and supplementing the principles of tax incentive policies in the Law project in the direction of limiting amendments to regulations on tax incentives in specialized laws while following the provisions of tax law; Review policies on fees and charges to increase resources for cultural heritage development in localities and establishments.

Diem My

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