Vietnam: Protection of intangible cultural heritage facing the risk of disappearing

Vietnam: Protection of intangible cultural heritage facing the risk of disappearing (Image from the internet)

Regarding this matter, LawNet provides the following response:

On April 16, 2024, the Government of Vietnam issued Decree 39/2024/ND-CP stipulating measures for managing, protecting, and promoting the value of intangible cultural heritage in the UNESCO List and the national list of intangible cultural heritages.

Protection of intangible cultural heritage facing the risk of disappearing in Vietnam

Article 12 of Decree 39/2024/ND-CP stipulates the protection of intangible cultural heritage facing the risk of disappearing as follows:

- Intangible cultural heritage is identified as facing the risk of disappearing when it meets one or more of the following criteria:

+ Significant decline in the number and quality of artisans, practitioners, and subsequent generations within the host community;

+ Severe decline and transformation of cultural expressions, repertoires, tools, artifacts, and related items;

+ Changes, reduction, or even disappearance of spaces for practicing intangible cultural heritage;

+ Changes in conditions and forms of practicing heritage due to climate change, natural disasters, urbanization, modernization, and globalization, leading to changes in the meaning and social function of the intangible cultural heritage;

- The basis for identifying intangible cultural heritage facing the risk of disappearing is determined by the annual inventory list decided by the chairman of the provincial or municipal People's Committee:

+ Based on the criteria stipulated in Convention 2003 for heritage listed in the List of Intangible Cultural Heritage in Need of Urgent Safeguarding;

+ Based on the results of inventorying the current status of practicing the intangible cultural heritage compared to the time it was inscribed by UNESCO or included in the national list;

+ Based on proposals from the host community of the intangible cultural heritage;

- The chairman of the provincial or municipal People's Committee shall direct the authorities in charge of cultural heritage to immediately implement urgent protection measures, including:

+ Documenting cultural expressions, practices, and repertoires of intangible cultural heritage;

+ Restoring spaces and related environments for practicing heritage;

+ Reviving customs, expressions, and practices;

+ Supporting artisans and practitioners in organizing instruction and transmission;

+ Supporting individuals in the community to learn;

+ Helping the community equip and create related tools and artifacts;

+ Assisting the host community in practicing and maintaining the heritage;

+ Other protective measures as proposed by the community, ensuring the principles set forth in Articles 4 and 5 of Decree 39/2024/ND-CP and being suitable for each type of heritage;

+ Developing and organizing the implementation of a project and submitting a report to the competent authority for approval of funding and implementation of urgent protective tasks;

+ Submitting written requests to the Ministry of Culture, Sports and Tourism for prompt guidance, coordination in implementation, and requesting UNESCO's support if necessary.

- The emergency protection funding for heritage facing the risk of disappearing shall follow to the provisions of Clause 2, Article 17 of Decree 39/2024/ND-CP.

Restoration of intangible cultural heritage in Vietnam

- Restoration tasks include: restoring cultural expressions, customs, practices, objects, practice spaces, and related environments of intangible cultural heritage.

- The restoration of intangible cultural heritage must ensure the principles stipulated in Articles 4 and 5 of Decree 39/2024/ND-CP and:

+ The restoration of intangible cultural heritage must be formulated into a scheme, with tasks submitted to competent authorities as stipulated;

+ Broad participation, consensus from the heritage host community, and management agencies for cultural heritage at the provincial or municipal level are required.

+ Documenting the process of heritage restoration;

+ Submitting reports on results and documentation products to the cultural heritage management agency at the provincial or municipal level and integrating them into the national cultural heritage database.

- Based on the results of implementing the restoration project, the chairman of the provincial or municipal People's Committee is responsible for allocating resources to ensure the heritage is sustained and promoted in life.

(Article 13 of Decree 39/2024/ND-CP)

Nguyen Ngoc Que Anh

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