Nghị định 96/2009/ND-CP

Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam

Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam đã được thay thế bởi Decree 29/2018/ND-CP prescribing processes procedures for establishing all people ownership property và được áp dụng kể từ ngày 05/03/2018.

Nội dung toàn văn Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 96/2009/ND-CP

Hanoi, October 30, 2009

 

DECREE

ON THE DISPOSAL OF BURIED AND SUNK PROPERTY WHICH IS DISCOVERED OR FOUND IN THE MAINLAND, ON ISLANDS AND IN THE SEA OF VIETNAM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the June 14, 2005 Maritime Code;
Pursuant to the June 29, 2001 Law on Cultural Heritage;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
At the proposal of the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the disposal of buried or sunk property which is discovered or found in the mainland, on islands and in the sea over which the Socialist Republic of Vietnam has sovereignty, sovereign rights and jurisdiction and is ownerless or has an unidentifiable owner at the time of discovery or finding.

2. For buried or sunk property lying outside sea areas over which other states have sovereignty, sovereign rights and jurisdiction which is discovered or found by Vietnamese organizations or individuals, treaties on the disposal of buried and sunk property to which Vietnam is a contracting party will apply; for buried and sunk property not governed by treaties to which Vietnam is a contracting party, this Decree will apply.

Article 2. Subjects of application

1. Organizations and individuals discovering or finding buried and sunk property.

2. State agencies competent to dispose of discovered or found buried and sunk property.

3. Other subjects related to the disposal of discovered or found buried and sunk property.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Discovery- of buried or sunk property means that an organization or individual obtains information, documents and evidence on buried or sunk property which has not been excavated or salvaged.

2. Finding of buried or sunk property means that an organization or individual excavates or salvages a buried or sunk property as assigned by a competent state agency.

3. Accidental finding of buried or sunk property means that an organization or individual has no information, documents and evidence relating to a buried or sunk property but finds it in the course of daily-life activity or production.

Article 4. Principles of disposal

1. When discovering a buried or sunk property, an organization or individual shall protect and keep it in the original conditions and promptly and fully report relevant information to a competent state agency defined in Article 5 of this Decree, and is not allowed to excavate or salvage by itself/ himself/herself. When accidentally finding a buried or sunk property, an organization or individual shall immediately notify and deliver it to a competent slate agency defined in Articles 5 and 9 of this Decree.

2. The receipt and processing of information on and decision to dispose of buried or sunk property which is found shall be carried out by competent state agencies under this Decree and relevant laws.

3. Discovered or found buried or sunk property shall be disposed of in a transparent manner and according to the process prescribed in this Decree.

4. State ownership shall be established over found buried or sunk property which is a historical-cultural vestige, a national treasure, a relic, an antique or property related to national defense or security; organizations and individuals discovering or accidentally finding such property shall be rewarded under Article 16 of this Decree.

5. For found buried or sunk property which is other than a historical-cultural vestige, a national treasure, a relic, an antique or property related to national defense or security, the finder shall be rewarded under Article 16 of this Decree; if such property is accidentally found, the finder may receive part or the whole of the value of the property under Article 17 of this Decree.

6. An organization or individual that discovers or accidentally finds a buried or sunk property but fails to report or deliver it to competent authorities or excavates or salvages it by itself/ himself/herself is not entitled to the benefits specified in Articles 16 and 17 of this Decree and shall be administratively handled or examined for penal liability under law.

Chapter II

RECEIPT AND PROCESSING OF INFORMATION AND EXPLORATION. EXCAVATION AND SALVAGE OF BURIED OR SUNK PROPERTY

Article 5. Receipt and processing of information on buried or sunk property

1. Organizations and individuals that discover a buried or sunk property shall protect and keep the property in its original conditions and promptly and fully report on relevant information to the following competent state agencies:

a/ The nearest military agency, for buried or sunk property in military zones;

b/ The People's Committee of the nearest commune, ward or township or the nearest police office, for buried property outside military zones:

c/ The nearest port authority or the People's Committee of the nearest commune, ward or township, or district, provincial city or town, for sunk property outside military zones.

Organizations or individuals that discover a buried or sunk property shall take responsibility for their reported information.

2. Information-receiving state agencies shall:

a/ Make a written record on the receipt of information and have it signed by the representative of the reporting organization or the reporting individual and of the receiving agency, a copy of which shall be kept by the reporting organization or individual as a basis for enjoying relevant benefits afterwards;

b/ Check the accuracy of the received information;

c/ Send a report to the People's Committee of the province or centrally run city where the information-receiving state agency is located;

d/ Zone off and safeguard the original conditions of the area with the buried or sunk property: if the sunk property is reported to be in an offshore area, the People's Committee of the province or centrally run city (below referred to as provincial-level People's Committee) shall coordinate with defense, security and maritime administration agencies in this activity.

In particular, for property sunk in the internal waters or territorial sea. within 7 (seven) days after receiving information on the property, the information-receiving agency shall report it to the Vietnam Maritime Administration or the provincial-level People's Committee for making three consecutive announcements on the central or local mass media for finding its owner.

3. Provincial-level People's Committees shall:

a/ Direct local functional agencies or coordinate with related agencies in zoning off and safeguarding the original conditions of the area with the buried or sunk property;

b/ Report to the agencies specified in Clauses 1, 2 and 3. Article 6 of this Decree for decision on plans on exploration and plans on excavation of the buried property or salvage of the sunk property;

c/ If the property is buried or sunk outside the geographical area under their management, notify the provincial-level People's Committee of the locality where the property is buried or

Article 6. Competence to assign and approve plans on exploration and plans on excavation of buried property or salvage of sunk property

The assignment of organizations or individuals to make plans on exploration and plans on excavation of buried property or salvage of sunk property and approval of these plans shall be decided by the following state agencies:

1. The Ministry of Culture, Sports and Tourism, for buried or sunk property being historical-cultural vestiges, national treasures, relics and antiques.

2. The Ministry of National Defense, for buried or sunk property related to national defense and security, and found in military zones.

3. The Ministry of Transport, for sunk property that obstructs navigation operations or endangers marine resources; threatens human lives and health or causes environmental pollution. Particularly for sunk property that endangers navigation operations, port authorities shall make salvage plans and submit them to the Vietnam Maritime Administration for approval; if such sunk property is an underwater cultural heritage or related to national defense or security, the salvage plan shall be submitted to the Ministry of Culture. Sports and Tourism or the Ministry of National Defense for opinion before it is approved by the Vietnam Maritime Administration.

4. Provincial-level People's Committees of places where buried or sunk property is found, for property not specified in Clauses 1, 2 and 3 of this Article.

Article 7. Details of plans on exploration, plans on excavation of buried or salvage of sunk property

1. A plan on exploration of buried or sunk property contains the following principal details:

a/ Site of the buried or sunk property;

b/ Expected time of commencement and completion;

c/ Equipment and method of exploration:

d/ Safety measures in exploration;

e/ Transfer of exploration results to a competent state agency;

f/ Measures to prevent environmental pollution and prevent and fight fires and explosions;

g/ Estimated exploration expenses;

h/ Conditions for selection of organizations and individuals to excavate or salvage (if necessary).

2. A plan on excavation of buried property or salvage of sunk property contains the following principal details:

a/ Grounds for excavation or salvage;

b/ Exploration results (if any);

c/ Site of the buried or sunk property;

d/ Expected time of commencement and completion;

e/ Equipment and method of excavation or salvage;

f/ Safety measures in excavation or salvage;

g/ Measures to preserve property found in the excavation or salvage;

h/ Transfer of found property to a competent state agency;

i/ Measures to prevent environmental pollution and prevent and fight fires and explosions;

j/ Measures of insurance for organizations and individuals involved in the excavation or salvage;

k/ Expected excavation or salvage outcomes:

l/ Estimated excavation or salvage expenses:

m/ Conditions for selection of organizations and individuals to excavate or salvage (if necessary).

3. On a case-by-case basis, the making and decision on exploration plans and excavation or salvage plans for buried or sunk property may be either carried out independently or combined.

Article 8. Exploration, excavation of buried property and salvage of sunk property

1. Vietnamese or foreign organizations and individuals must meet the following conditions when conducting exploration, excavation of buried property or salvage of sunk property:

a/ Having the property exploration, excavation or salvage function as prescribed by law;

b/ Possessing experience in property exploration, excavation or salvage:

c/ Having employees and equipment that meet property exploration, excavation or salvage requirements of the approved exploration, excavation or salvage plan.

2. In case of exploration, excavation or salvage of property being historical-cultural vestiges, national treasures, relics, antiques or property related to national defense or security and in military zones, foreign organizations and individuals may participate under the direction of Vietnamese organizations or individuals in exploration, excavation or salvage projects on a case-by-case basis.

3. Competent state agencies specified in Article 6 of this Decree shall decide to assign eligible organizations and individuals as prescribed in Clause I of this Article to organize exploration, excavation of buried property or salvage of sunk property in accordance with the bidding law, prioritizing Vietnamese organizations and individuals to salvage sunk property in the internal waters and territorial sea of Vietnam under Article 201 of the 2005 Maritime Code. If the plan on salvage of sunk property that endangers navigation has been approved by the Vietnam Maritime Administration, port authorities shall organize the salvage under the approved plan.

4. The exploration, excavation of buried property or salvage of sunk property must strictly comply with the plan approved by a competent state agency.

5. If it is necessary to adjust the approved plan in the course of exploration, excavation of buried property or salvage of sunk property, the competent state agency that has approved the plan shall decide on the adjustment.

Chapter III

DISPOSAL OF FOUND BURIED OR SUNK PROPERTY

Article 9. Receipt, management and preservation of found buried or sunk property

1. Organizations or individuals accidentally finding buried or sunk property or organizing the excavation of buried property or salvage of sunk property shall manage the found property and deliver it to state agencies defined in Clauses 2 and 3 of this Article for preservation pending the disposal thereof under decisions of competent state agencies.

2. When having sufficient grounds for identifying the type of found buried or sunk property, organizations or individuals referred to in Clause 1 of this Article shall deliver it to the following agencies or units for receipt and preservation:

a/ Provincial-level museums, for property being historical-cultural vestiges, national treasures, relics and antiques;

b/ Provincial-level military commands, for property related to national defense and security and in military zones:

c/ Port authorities of nearest places, for property obstructing or endangering navigation operations and marine resources; threatening human lives and health or polluting the environment:

d/ Provincial-level Finance Departments, for property other than those specified at Points a. b and c of this Clause.

3. When having insufficient grounds for identifying the type of found buried or sunk property, provincial-level Finance Departments shall receive and preserve such property. If such property is small and of low value (estimated at less than VND 1 billion), provincial-level Finance Departments may authorize the receipt and preservation thereof to district-level finance agencies.

4. Agencies and units tasked to receive and preserve property defined in Clauses 2 and 3 of this Article may hire capable organizations to preserve property.

Article 10. Identification of owners of found buried or sunk property

1. Provincial-level Finance Departments shall make a list of found buried or sunk property items and their quantity; and assume the prime responsibility for. and coordinate with concerned agencies in. surveying them and identifying their owners under Clause 2 of this Article.

2. Owners of found buried or sunk property shall be identified under Articles 187 and 239 of the Civil Code, except for special cases subject to requirements of assurance of national security or state secrets in which announcement shall be made under the law on protection of state secrets. Property without owner or with unidentifiable owner shall belong to the State under Article 240 of the Civil Code and be disposed of under this Decree.

Article 11. Plans on disposal of found buried or sunk property

1. Agencies or units receiving and preserving found buried or sunk property as defined in Clauses 2 and 3. Article 9 of this Decree shall make plans to dispose of such property on the following principles:

a/ To return the property to its lawful owner, if identified;

b/ To transfer to state agencies with the function of storing and managing the following types of property:

- Historical-cultural vestiges;

- National treasures:

- Relics and antiques which are unique specimens or of special cultural, scientific or historical value as prescribed by the law on cultural heritage:

- Property related to national defense or security.

c/ To destruct property subject to destruction under law;

d/ To auction under law property other than those specified at Points a. b and c of this Clause:

e/ To return the property to finders in cases specified at Point a. Clause 1, Article 17 of this Decree.

2. State agencies approving plans on exploration and plans on excavation of buried property or salvage of sunk property specified in Article 6 of this Decree are also competent to approve plans on the disposal of found buried or sunk property.

Article 12. Return of found buried or sunk property to lawful owners

1. If the lawful owner of the found buried or sunk property is identified, the agency or unit receiving and preserving the property defined in Clause 2 or 3. Article 9 of this Decree shall return the property to its lawful owner under the decision approving the plan on the disposal of such property issued by a competent state agency.

2. The return of property shall be recorded in a minute; the property owner shall pay reasonable expenses related to the search, exploration, excavation, salvage, preservation and owner identification.

3. If the lawful owner of a found buried or sunk property is unidentifiable or disclaims ownership over the property or refuses to pay related expenses under Clause 2 of this Article, the found property will come under state ownership under law and shall be disposed of under this Decree.

Article 13. Transfer of found buried or sunk property

1. The following types of found buried or sunk property shall be transferred to state agencies with the function of managing cultural heritage:

a/ Historical-cultural vestiges;

b/ National treasures;

c/ Relics and antiques which are unique specimens or of special cultural, scientific or historical value as prescribed by the law on cultural heritage.

2. Found buried or sunk property which is related to national defense or security shall be transferred to military agencies.

3. Found buried or sunk property shall be transferred by agencies or units receiving and preserving such property defined in Clauses 2 and 3, Article 9 of this Decree in accordance with the law on management and use of state property.

Article 14. Destruction of found buried or sunk property

1. Agencies or units receiving and preserving property defined in Clauses 2 and 3. Article 9 of this Decree shall assume the prime responsibility for, and coordinate with related agencies in. destroying property items specified at Point c, Clause 1, Article 11 of this Decree in accordance with law.

2. The destruction of property shall be recorded in a minute containing the following major details:

a/ Grounds for destruction;

b/ Time and place of destruction;

c/ Participants in the destruction;

d/ Kinds and quantity of destroyed property;

e/ Form of destruction;

f/ Other related details.

Article 15. Sale of found buried or sunk property

1. The sale of found buried or sunk property referred to at Point d. Clause 1, Article 11 of this Decree complies with the law on property auction.

2. Buyers of found buried or sunk property being relics or antiques who wish to take such property abroad shall obtain permits of competent state agencies as prescribed by law.

3. If found buried or sunk property being relics or antiques are intended to be put up for auction overseas.

a/ The Prime Minister shall decide on such auction;

b/ The Ministry of Culture. Sports and Tourism shall issue export permits for such property in accordance with law;

c/ Procedures for exporting such property shall be carried out in accordance with law.

d/ The agency or unit receiving and preserving the property as defined in Clause 2 or 3. Article 9 of this Decree shall select a Vietnamese or foreign organization with the auction function for authorized auction of the property and submit the selection to a competent state agency specified in Clause 2. Article 11 of this Decree for approval, ensuring efficiency and thriftiness and prioritizing organizations fully meeting the following conditions:

- Having international experience in the auction of similar property;

- Proposing an efficient auction plan;

- Proposing a low rate of auction expenses;

- Proposing a feasible disposal plan in case exported relics or antiques cannot be sold (commitments to buy and bear expenses for transporting these relics and antiques back to Vietnam, etc.).

If many organizations with the auction function register to hold auction, they shall be selected through bidding under law.

e/ Auction authorization contracts:

An auction authorization contract shall be established in accordance with Vietnamese and international laws; in case Vietnamese law contains no provisions or provisions different from international law. international law will apply. It must contain specific and strict commitments binding on all related parties: and terms on dispute resolution. Authorized jobs include: packaging and transport from Vietnam to abroad, transport from place of preservation to place of auction, purchase of insurance lor the property put up for auction, preservation of property abroad, advertisement and organization of the auction, and disposal of unsold property.

The agency tasked to sign an auction authorization contract shall take responsibility for the content of the contract. Before signing the contract, it may, when necessary, consult the Ministry of Culture, Sports and Tourism, the Ministry of Finance and the Ministry of Justice.

f/ Auction expenses:

Auction expenses (auction commissions) shall be calculated in a fixed percentage (%) of total proceeds from the auction, covering expenses for:

- Packaging and transport from Vietnam to abroad, transport from place of preservation to place of auction;

- Insurance for the property put up for auction;

- Storehouse for preservation of the property abroad;

- Taxes, charges and fees paid in Vietnam and abroad (if any);

- Advertisement and organization of the auction:

- Resolution of disputes (if any); other expenses related to the transport and auction abroad.

The percentage (%) of auction expenses shall be agreed upon by the parties to the auction authorization contract after referring to auction expenses (auction commissions) of previous auctions.

Chapter IV

FINANCIAL DISPOSAL OF BURIED OR SUNK PROPERTY

Article 16. Payment of rewards

1. Organizations and individuals shall be rewarded in the following cases:

a/ Accidentally finding and delivering the buried or sunk property being historical-cultural vestiges, national treasures, relics, antiques or property related to national defense and security:

b/ Discovering and providing accurate information on found buried or sunk property.

2. Monetary reward levels in specific cases are as follows:

a/ If an organization or individual accidentally finds and delivers a buried or sunk property being a historical-cultural vestige, a national treasure, a relic, an antique or property related to national defense and security, the monetary reward level shall be calculated by the partially regressive method, specifically as follows:

- If the value of the property is up to VND 10 million, the reward percentage is 30%;

- If the value of the property is between over VND 10 million and 100 million, the reward percentage is 15%;

- If the value of the property is between over VND 100 million and VND 1 billion, the reward percentage is 7%;

- If the value of the property is between over VND I billion and 10 billion, the reward percentage is 1%;

- If the value of the property is over 10 billion, the reward percentage level is 0.5%;

The value of property used for reward calculation is determined after deducting (he expenses specified in Article 18 of this Decree.

b/ If an organization or individual discovers and provides accurate information on found buried or sunk property being historical-cultural vestiges, national treasures, relics, antiques or property related to national defense or security, the monetary reward level is equal to 50% of the corresponding reward level specified at Point a of this Clause;

c/ If an organization or individual discovers and provides accurate information on found buried or sunk property other than historical-cultural vestiges, national treasures, relics, antiques or property related to national defense or security, the monetary reward level is equal to 30% of the corresponding reward level specified at Point a of this Clause.

3. Specific monetary reward levels shall be decided by the Minister of Culture. Sports and Tourism (for found property being historical-cultural vestiges and national treasures), the Minister of National Defense (for found property related to national defense and security) or chairmen of provincial-level People's Committees (for other found property) not exceeding VND 200 million per reward package.

4. If more than one organization or individual are entitled to reward and the value of the found property is special, competent authorities specified in Clause 3 of this Article shall propose reward levels to the Prime Minister for decision.

5. The Ministry of Finance shall guide the setting up of a valuation council to determine the value of found buried or sunk property for use as a basis for reward payment under this Article.

If the value of a found buried or sunk property is undeterminable, competent state agencies specified in Clause 3 of this Article shall decide on specific monetary reward levels not exceeding VND 200 million. Special cases shall be decided by the Prime Minister.

Article 17. Payment of the value of property to organizations or individuals that have accidentally found it

1. Organizations and individuals that accidentally find through their daily-life or production activities buried or sunk property other than historical-cultural vestiges, national treasures, relics, antiques or property related to national defense or security may receive part or the whole of the value of such property, specifically as follows:

a/ If the property valued at up to 10 months' minimum wage set by the State (at the time of finding and delivery of the property) after deducting related reasonable expenses, it shall be disposed of under Point e. Clause 1. Article 11 of this Decree:

b/ If the property valued at more than 10 months' minimum wage set by the State (at the time of finding and delivery of the property) after deducting related reasonable expenses, the finder is entitled to a value equal to 10 months' minimum wage and 50% of the value in excess of 10 months' minimum wage prescribed by the Stale. The remainder belongs to the State.

2. Competent state agencies specified in Clause 2. Article 11 of this Decree shall decide on the portion of value of buried or sunk property accidentally found by organizations or individuals which such organizations or individuals are entitled to.

3. An organization or individual that discovers or finds a buried or sunk property but fails to report or deliver it to a competent state agency specified in Article 5 or Article 9 of this Decree is not entitled to any reward nor any entitlement based on the value of the property and shall be handled under Clause 6, Article 4 of this Decree.

4. An organization or individual that receives a reward under Article 16 of this Decree is not entitled to part or the whole of the value of the property under this Article; an organization or individual that receives part or the whole of the value of the property under this Article is not entitled to a reward under Article 16 of this Decree.

Article 18. Expenses

Expenses related to exploration, excavation, salvage and disposal of buried or sunk property include:

1. Expenses for exploration, excavation, salvage and survey of buried or sunk property. If expenses for exploration, excavation or salvage of buried or sunk property under approved plans are calculated in excavated or salvaged items, competent state agencies that have approved excavation or salvage plans shall decide on the payment in excavated or salvaged items.

2. Expenses for transport and preservation of found property pending decision by competent state agencies on the disposal thereof.

3. Properly disposal expenses (expenses for owner identification and property delivery, destruction, valuation and auction).

4. Taxes, charges and fees (if any).

5. Other related reasonable expenses.

An organization or individual that accidentally finds and delivers a buried or sunk property is entitled to refund of transport and preservation expenses according to regulations.

Article 19. Funding sources

Funding sources for payment of expenses specified in Articles 16,17 and 18 of this Decree are as follows:

1. For buried or sunk property found and returned to lawful owners, lawful owners shall pay related expenses as specified in Clause 2, Article 12 of this Decree.

2. For buried or sunk property found and delivered to state agencies with the storage and management function, these agencies shall pay related expenses from state budget funds or lawful revenue sources in accordance with law.

3. For buried or sunk property found and destroyed, related expenses shall be incurred with the state budget; such expenses shall be paid with the budget of the agency in charge of the disposal of the property.

4. For buried or sunk property found and sold, related expenses shall be paid with the proceeds from the sale of the property. If the proceeds are insufficient, the difference shall be offset with the state budget under the law on the stale budget.

5. For a sunk property causing danger to navigation operations, after it is salvaged and sold through auction, if the proceeds are insufficient for paying expenses and the owner cannot afford such expenses or is unidentifiable, the deficient amount shall be covered with maritime assurance charges; if salvage expenses are higher than the payment limit of the maritime assurance charge source, the deficient amount shall be additionally covered by the state budget.

6. For buried or sunk property for which excavation or salvage conditions are insufficient, the locality in which the property exists shall pay for the preservation thereof with its budget.

Article 20. Management of proceeds

All proceeds from the sale of found buried or sunk property, after paying expenses specified in Articles 16, 17 and 18 of this Decree, shall be remitted into the state budget under the law on the state budget.

Article 21. Guidance on the payment of expenses, rewards and value of property to organizations or individuals that accidentally find the property

The Ministry of Finance shall guide the payment of expenses, rewards and value of property to organizations or individuals that accidentally find the property prescribed in Clause 2, Article 12, and Articles 16, 17 and 18 of this Decree.

Chapter V

ORGANIZATION OR IMPLEMENTATION

Article 22. Disposal of relics and antiques found before the effective date of this Decree

For found buried or sunk relics and antiques with disposal plans already decided by competent state agencies or with disposal contracts signed under law before the effective date of this Decree, such approved plans shall be implemented, notwithstanding the provisions of this Decree.

Article 23. Implementation responsibilities

1. Agencies, units, organizations and individuals related to the management and disposal of buried or sunk property shall comply with this Decree.

2. Agencies assigned to manage, preserve and store found buried or sunk property shall:

a/ Manage and store the property in accordance with law:

b/ Preserve complete dossiers of the property according to regulations:

c/ Open a book to monitor the property.

3. Agencies assigned to dispose of found buried or sunk property shall send reports on disposal results to state agencies that have approved disposal plans and finance agencies after completing the disposal of the property.

4. Provincial-level People's Committees shall:

a/ Direct and urge agencies and units under their management to implement this Decree:

b/ Coordinate with the Ministry of Finance, the Ministry of Culture. Sports and Tourism and the Ministry of National Defense in implementing this Decree; promptly settle or submit to competent authorities for settlement problems arising in the implementation:

c/ Decide or report to competent state agencies to decide according to their competence plans on disposal of found buried or sunk property.

5. Ministries, ministerial-level agencies and other central agencies shall, within the scope of their respective tasks and powers, coordinate with the Ministry of Finance in performing the state management of the disposal of buried and sunk property.

6. The Ministry of Planning and Investment shall guide the bidding referred to in Clause 3. Article 8 and Point c. Clause 3, Article 15 of this Decree.

7. The Ministry of Finance shall assume the prime responsibility for. and coordinate with concerned agencies and provincial-level People's Committees in, guiding and examining the implementation of this Decree.

Article 24. Effect

1. This Decree takes effect on December 15, 2009.

2. To annul the provisions on the disposal of buried and sunk property in the following documents:

a/ Articles 53 and 54 of the Government's Decree No. 92/2002/ND-CP of November 11, 2002, detailing the implementation of a number of articles of the Law on Cultural Heritage;

b/ Articles 12, 13, 14, 16 and 23 of the Government's Decree No. 86/2005/ND-CP of July 8, 2005, on the management and safeguarding of underwater cultural heritage.

3. Matters related to the disposal of property sunk in the internal waters and territorial sea not provided in this Decree comply with the Government's Decree No. 18/2006/ND-CP of February 10, 2006, on the disposal of property sunk in the sea.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung

 

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Lược đồ Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam


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          Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam
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          Số hiệu96/2009/ND-CP
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          Ngày hiệu lực15/12/2009
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          Lĩnh vựcTài nguyên - Môi trường
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              Văn bản gốc Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam

              Lịch sử hiệu lực Decree No. 96/2009/ND-CP of October 30, 2009, on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam