What are the regulations on the relic protection zones in Vietnam? - Xuan Linh (HCMC, Vietnam)
Summary of the latest relic protection zones in Vietnam (Internet image)
Article 32 of the Law on Cultural Heritage 2001 amended in 2009 stipulates the relic protection zones as follows:
- Relic protection zones include:
+ Protection zones I, covering areas with relics' original constituents;
+ Protection zones II, covering areas surrounding or adjacent to protection zones I.
In case protection zones II cannot be determined, the determination of only protection zones I shall be decided by provincial-level People's Committee chairpersons, for provincial-level relics; by the Minister of Culture, Sports and Tourism, for national relics; or by the Prime Minister, for special national relics.
- Protection zones defined in Clause 1 of Article 32 of the Law on Cultural Heritage 2001 amended in 2009 must be delineated by competent state agencies on cadastral maps and in protection zoning records of relic dossiers and must have boundary markers placed on the field.
- Protection zones I must have their original ground and space protected.
In special cases when the construction of works in these zones is needed for directly protecting and promoting the values of relics, such construction must be approved in writing by persons competent to rank those relics.
The construction of works for protecting and promoting the values of relics in protection zones II must be approved in writing by provincial-level People's Committee chairpersons, for provincial-level relics; or by the Minister of Culture, Sports and Tourism, for national relics and special national relics.
The construction of works specified in this Clause must not affect original constituents, natural landscapes or the eco-environment of relics.
Article 14 of Decree 98/2010/ND-CP stipulates the principles for delineating and placing boundary markers for relic protection zones in Vietnam as follows:
- Protection zone 1 of a relic defined in Clause 13, Article 1 of the Law on Cultural Heritage amended in 2009 shall be delineated according to the following principles:
+ For a relic being a construction work or a place connected with a historical event or the life and career of a national celebrity, the scope of protection zone I must cover areas accommodating the construction work or the place marking remarkable developments of the historical event or works in commemoration of the national celebrity related to that relic;
+ For a relic being an archaeological site. the scope of protection zone I must cover areas in which relics and vestiges are found, terrains and landscapes directly related to the habitat of the subjects of that archaeological site;
+ For a relic being a group of art architectural works or a single architectural work, the scope of protection zone I must cover areas accommodating the architectural work(s). grounds, gardens, ponds. lakes and other elements related to that relic:
+ For a beauty spot, the scope of protection zone I must guarantee the preservation of the integrity of the natural landscape, terrains and geomorphogeny and other geographical elements containing bio-diversity and peculiar eco-system and substantial traces of developments of the earth or architectural works related to that beauty spot.
For a relic comprising different construction works or with a wide distribution area, protection zone I for each construction work or area shall be determined.
- Protection zone II means the area surrounding or adjacent to protection zone I used to protect the landscape, environment and ecology of a relic, in which construction of works to protect and promote the relic's value is permitted.
A relic will have no protection zone II when it is located in a residential area or adjacent to construction works which cannot be relocated,
- The placing of boundary markers in relic protection zones must adhere to the following principles:
+ Relic protection zones must be clearly separated from adjacent areas in the field according to the record and map of relic protection zones included in the relic ranking dossier;
+ Markers must be made of durable materials and placed in easy-to-notice positions:
+ The shape, color and size of markers must match the environment and landscape of the relic without affecting the original constituents of the relic.
Chairpersons of provincial-level People's Committees shall organize the placing of boundary markers.
Vo Ngoc Nhi
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