The sender of relics and antiques may retrieve them before the contract term in Vietnam

On December 28, 2012, the Ministry of Culture, Sports and Tourism issued Circular 20/2012/TT-BVHTTDL regulating the dossiers and procedures for sending, receiving intangible cultural heritage materials, relics, antiquities, and national treasures in Vietnam.

Bên gửi tư liệu di vật, cổ vật có thể lấy lại trước thời hạn hợp đồng, Thông tư 20/2012/TT-BVHTTDL

The sender of relics and antiques may retrieve them before the contract term in Vietnam (Internet image)

According to Article 8 of Circular 20/2012/TT-BVHTTDL, it is stipulated regarding early retrieval, re-sending, late return, and late receipt of intangible cultural heritage materials, artifacts, antiques, and national treasures that are sent or received. To be specific:

- In case the Sending entity requests to retrieve all the sent materials, artifacts before the contract term for sending and receiving materials, artifacts ends, both parties must carry out related procedures for returning the sent materials, artifacts as stipulated in Article 7 of Circular 20/2012/TT-BVHTTDL and such agreement stated in the contract for sending and receiving materials, artifacts.

- In case the Sending entity requests to retrieve part of the sent materials, artifacts before the contract term for sending and receiving materials, artifacts ends, both parties must carry out related procedures for returning all the sent materials, artifacts as stipulated in Article 7 of Circular 20/2012/TT-BVHTTDL and such agreement stated in the contract for sending and receiving materials, artifacts. Afterwards, they must perform the sending and receiving of the materials, artifacts proposed to be further sent as stipulated in Clause 4, Article 6 of Circular 20/2012/TT-BVHTTDL.

- In case the Sending entity requests to re-send all the sent materials, artifacts after the contract term for sending and receiving materials, artifacts ends and it is accepted by the Receiving entity, both parties must carry out related procedures for returning the sent materials, artifacts as stipulated in Article 7 of Circular 20/2012/TT-BVHTTDL. Afterwards, they must perform the sending and receiving as stipulated in Clause 4, Article 6 of Circular 20/2012/TT-BVHTTDL.

Note: Issues arising in case the contract term for sending and receiving materials, artifacts ends but the Sending entity delays in retrieving the sent materials, artifacts or the Receiving entity delays in returning the sent materials, artifacts shall be resolved according to the civil law regarding the safekeeping of assets and the agreement between the two parties stated in the contract for sending and receiving materials, artifacts in Vietnam.

More details can be found in Circular 20/2012/TT-BVHTTDL, which comes into effect in Vietnam from February 15, 2013.

Le Vy

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