Thông tư 15/2019/TT-BVHTTDL

CIRCULAR

ELABORATING TO CERTAIN PROVISIONS REGARDING PRESERVATION, REPAIR AND RESTORATION OF RELICS

Pursuant to Article 34 Law on Cultural Heritage dated June 29, 2001 with amendments thereto in Clause 15 Article 1 of Law on Amendments to a number of Articles of Law on Cultural Heritage dated June 18, 2009;

Pursuant to Law on Construction dated June 18, 2014;

Pursuant to Decree No. 79/2017/ND-CP dated July 17, 2017 of Government on functions, tasks, powers and organizational structures of Ministry of Culture, Sports and Tourism;

Pursuant to Article 22 of Decree No. 166/2018/ND-CP dated December 25, 2018 of Government on entitlement and procedures for preparation, appraisal and approval of plans and projects for preservation, repair and restoration of historical-cultural relics and scenic beauty;

At request of Director General of Agency for Cultural Heritage;

Minister of Culture, Sports and Tourism promulgates Circular on elaborating to certain provisions on preservation, repair and restoration of relics.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular prescribes contents and entitlement to appraise design of relic preservation, repair and restoration drawings (hereinafter referred to as “design of relic repair drawing”), design of exhibit preservation drawing; carry out relic preservation, repair and restoration (hereinafter referred to as “carry out relic repair”); irregularly repair and regularly preserve relics; irregularly repair and regularly preserve construction, locations, natural sights, natural areas that have been placed under relic inventory list by provincial People’s Committees (hereinafter referred to as “entities subject to relic inventory”).

2. This Circular applies to Vietnamese and foreign organizations and individuals preparing and appraising design of relic repair drawing; carrying out relic repair; irregularly repairing and regularly preserving relics or entities subject to relic inventory in Vietnam territory.

Article 2. Term interpretation

In this Circular, terms below are construed as follows:

1. “Relic deconstruction” refers to total or partial dismantlement of structural components of a relic to preserve and repair while retaining maximum intactness of structural components of said relic.

2. “Relic reinforcement” refers to measures that enhance integrity and stability of a relic or parts thereof.

3. “Restoration of lost or damaged parts of relic” refers to duplication of products sharing the same materials, form and techniques to replace the lost or damaged parts of a relic.

4. “Relic maintenance” refers to actions taken to improve use capacity, utilization capacity and value of a relic without affecting the primary factor contributing towards relic, natural sights and environment – ecosystem of the relic.

5. “Irregular repair of relics and entities subject to relic inventory” refers to repair without dismantling the entire structural components or establishing temporary fortification or support to prevent said relics or entities subject to relic inventory from collapsing or being destroyed.

6. “Regular preservation of relics and entities subject to relic inventory” refers to adoption of professional, scientific and technical methods over a period of time to prevent and eliminate factors causing degradation of relics and entities subject to relic inventory.

Article 3. Principles of designing relic repair drawings

1. Comply with regulations and law on cultural heritage, construction and other relevant provisions of the law.

2. The design must be prepared on the basis of research and identification of characteristics, value, technical conditions and survey results related to relics and must comply with fundamental design of approved relic repair projects.

3. Prioritize utilizing traditional technical solutions (in case traditional technical solutions fail to satisfy relic repair requirements, adopt appropriate modern technical solutions and technology that have undergone field tests without affecting the primary factor and value of relics). Prioritize preservation, fortification and support of relics before adopting measures to repair or restore the relics.

4. The design may be adjusted or revised upon any new discoveries related to the relics.

5. On a regular basis, consult historical witnesses, experts, specialists and community where the relics reside.

Article 4. Principles of relic repair

1. Comply with approved designs of relic repair drawing, regulations and law on quality control, construction progress, workload, occupational safety and relevant law provisions.

2. Prioritize traditional methods, focus on preserving primary factors contributing towards the relics and protecting structural components throughout the process.

3. Be carried out under supervision of community where the relics reside; on a regular basis, consult historical witnesses, experts, specialists and community where the relics reside.

4. In case of revision to design of relic repair drawings, project developers must consider adjusting work period to ensure adequate quality.

5. Fully record all activities conducted at construction sites in site diaries and as-built dossiers.

6. Ensure safety for relics and visitors.

Chapter II

CONTENTS AND ENTITLEMENT TO APPRAISE DESIGN OF RELIC REPAIR DRAWING

Article 5. Design of relic repair drawings

Design of relic repair drawings shall be made into documents, including:

1. Reports on results of relic survey.

2. Explanation of design of relic repair drawings.

3. Pictures of relics.

4. Relic repair drawings.

5. Estimates of relic repair.

6. Annexes of related documents.

Article 6. Reports on results of relic survey

Reports on results of relic survey must satisfy requirements of reports on construction survey according to construction laws and specify following information:

1. Consolidation of documents serving preparation of reports on results of relic survey.

2. Overall survey results of relics:

a) Location, connection to regions, topography, space and environment of the relics;

b) Maps specifying relic protection zones; analysis of current use of land and identification of impacts that affect space and scenery of the relics;

c) Overall layout of the relics; list and analysis of past construction and repair of work items of the relics; analysis of scouting and excavating (if any); systems of external exhibits, scenery and infrastructure of the relics;

d) Cultural activities related to the relics.

3. Survey results of repaired work items of relics:

a) Description of premises, types of structure, structure and materials;

b) Analysis and identification of primary factors contributing towards relics and newly added factors;

c) Analysis and identification of technical conditions and reasons of damage or degradation;

d) Analysis and identification of negative impacts from the environment and other negative impacts on the structure;

dd) Current conditions of furniture, number of exhibits, preservation conditions and reasons of degradation.

4. Current conditions of protection and utilization of relic value.

5. Estimation of documents and files to be researched into and collected during relic repair process to adjust design of relic repair drawings (if any).

Article 7. Explanation of design of relic repair drawings

Explanation of design of relic repair drawings must satisfy requirements for explanation of construction drawings according to construction laws and specify following details:

1. Legal and scientific basis.

2. Analysis of changes of relics through time to identify primary factors contributing towards the relics that need to be preserved.

3. Overall description of current conditions of the relics and constructions thereof that are to be repaired; assessment of technical, construction material, decoration and use capacity conditions of each structural component of the relics that are to be repaired; analysis of inspection and excavation results (if any).

4. Analysis and identification of risks and reasons for damage and degradation of the relics.

5. Proposition of design solution to repair relics, including:

a) Solutions to deconstruct relics (if necessary);

b) Solutions to protect movable exhibits and immovable exhibits;

c) Solutions to repair relic structures (specify technical solutions and materials to repair each structural component; measures to prevent and fight fire, explosion, termites and other irregular disasters);

d) Solutions to construct sheltering structures to serve repair of relics and storage to preserve deconstructed structural components;

dd) Solutions to restore and maintain scenery, construct buildings serving protection and utilization of relic value, technical infrastructure system, systems to prevent and fight fire, explosion, termites and other irregular disasters;

e) Solutions to organize construction.

Article 8. Pictures of relics

Pictures of relics include:

1. Documentary photos related to history of foundation, existence, changes and repair sessions (if any).

2. Series of pictures of the relics at the time of survey that are color printed with dimension of 10 x 15 cm or larger, capturing overall scenery and architectural-artistic and exhibit details of relic structures that are to be repaired satisfactory to reports on results of relic survey specified in Article 6 of this Circular.

Article 9. Relic repair drawings

Relic repair drawings include:

1. Documentary drawings related to history of foundation, existence, changes and repair sessions (if any).

2. Drawings of current relic conditions, including:

a) Drawings specifying location of the relics on provincial administrative maps and route towards the relics from administrative centers of provinces;

b) Drawings specifying overall premises of the relics, cross section of the relics with 1/500 scale, directions of the relics, adjacent areas of the relics, history of foundation of current relic structures, signs of  foundations or parts of lost structures and systems of external exhibits, scenery and technical infrastructure;

c) Drawings with 1/50 scale depicting plan view, elevation view and cross section of the relic structures that are to be repaired and specifying dates, materials and technical conditions of each structural component;

d) Drawings with 1/50 to 1/20 scale depicting in details typical structural components of the relic structures that are to be repaired;

dd) Drawings with 1/100 scale describing layout of interior exhibits of the relic structures that are to be repaired.

3. Drawings depicting solutions to repair relics, including:

a) Planning drawings with 1/500 scale of overall plan view and overall cross section of the relics containing remarks on work items of the relics that are repaired, maintained and constructed anew to serve protection and utilization of relic value;

b) Drawings with 1/50 scale depicting plan view, elevation view and cross section of the relic structures that are to be repaired and specifying technical solutions and materials used for each structural component;

c) Drawings with 1/50 to 1/20 scale depicting in details technical solutions to repair each structural component, specifying locations and rules of marking dates of construction materials inserted into the relics to distinguish from primary factors contributing towards the relics;

d) Drawings of structures that are to be maintained and constructed anew to serve protection and utilization of relic value, technical infrastructure system, prevention and fight of fire, explosion, termites and other irregular disasters;

dd) Drawings depicting sheltering structures to serve repair of relics and storage to preserve deconstructed structural components;

e) Drawings of relic repair implementation depicting: locations of storage of structural components; areas for construction of structural components; location of fire prevention and fight equipment; areas for consolidation of obsolete structural components; areas for consolidation of new construction materials expected to be used; contents, methods and locations for installation of construction site regulations; measures to organize activities at the relics during construction process;

g) Drawings describing special construction procedures (if any).

Article 10. Estimates of relic repair

Relic repair estimates shall be prepared according to regulations and law on construction expenditure of Law on Construction; guidelines on determining expenditure and estimates quotas to preserve, repair and restore relics of Ministry of Culture, Sports and Tourism; relevant law provisions.

Article 11. Annexes of related documents

Annexes of documents related to design of relic repair drawings include:

1. Relic repair drawings appraised and approved by competent agencies.

2. Copies of documents appraising, verifying and deciding to approve the projects.

3. Records of remarks of community and relevant organizations and individuals relating to design contents and solutions.

Article 12. Design of exhibit preservation drawings

In case only exhibit preservation is conducted, design of exhibit preservation drawings shall include:

1. Explanation of exhibit preservation design, including:

a) Legal and scientific basis;

b) Description of origin, current conditions and evaluation regarding dates, materials, color and technical conditions of the exhibits that are to be preserved;

c) Analysis of reasons for damage and degradation of the exhibits;

d) Propositions of exhibit preservation measures (specify in details technical solutions, materials, color and preventive measures).

2. Documentary photos (if any) and photos taken at the time of survey color printed with dimensions of 10 x 15 cm or larger and describing technical conditions of the exhibits that are to be preserved.

3. Exhibit preservation drawings, including:

a) Drawings with 1/200 to 1/100 scale displaying locations of the exhibits that are to be preserved;

b) Documentary drawings related to sessions of exhibit preservation (if any);

c) Drawings with 1/50 to 1/10 scale depicting current conditions of the exhibits that are to be preserved containing remarks regarding dates, materials, color and technical conditions;

d) Drawings with 1/50 to 1/10 scale stating in details solutions to preserve the exhibits (specify in details technical solutions, materials, color and preventive measures);

dd) Drawings describing technical procedures for preservation of the exhibits (if any).

4. Estimates for exhibit preservation.

Article 13. Appraisal of design of relic repair drawings

1. Appraisal of design of relic repair drawings shall be carried out in accordance with construction laws after receiving written remarks of regulatory agencies in cultural heritage sector regarding provisions specified in Articles 6, 7, 8, 9, 10 and 11 of this Circular, to be specific:

a) Department of Culture, Sports and Tourism and Department of Culture and Sports are responsible for addressing remarks about design of provincial relic repair drawings; requesting Agency for Cultural Heritage in written form to participate in addressing remarks about design of national relic repair drawings and design of special national relic repair drawings within 15 days from the date of receiving the request;

b) Agency for Cultural Heritage is responsible for addressing remarks about design of national relic repair drawings and design of special national relic repair drawings within 15 days from the date of receiving the request.

2. Appraisal of design of exhibit preservation drawings shall be carried out similar to how appraisal of design of relic repair drawings is carried out.

Article 14. Adjustment and revision of design of relic repair drawings

1. Design of relic repair drawings may be adjusted and revised upon new discoveries relating to the relics during repair process. Adjustment and revision of design of relic repair drawings must conform to objectives and tasks of approved relic repair projects.

2. Documents on adjustment and revision of design of relic repair drawings include:

a) Explanation of adjustment and revision contents;

b) Color-printed photos with 10 x 15 cm in dimensions or larger;

c) Copies of approved drawings specifying solutions to repair relics related to the adjustment and revision contents;

d) Drawings depicting current conditions and drawings dictating solutions to adjust and revise design of relic repair drawings;

dd) Records of relic assessment board specified in Point a Clause 1 Article 16 of this Circular;

e) Estimates for adjustment and revision.

Documents specified in Points a, b and d of this Clause must clearly specify new discoveries regarding the relics.

3. Appraisal of adjustment and revision of design of relic repair drawings shall be carried out within 7 days as specified in Clause 1 Article 13 of this Circular.

4. Adjustment, revision of design of exhibit preservation drawings and appraisal thereof shall be carried out as specified in Clauses 1, 2 and 3 of this Article.

Chapter III

RELIC REPAIR

Article 15. Preparation for relic repair

Developers of relic repair projects shall take charge and cooperate with organizations carrying out relic repair in:

1. Reaching a consensus with People’s Committees of districts, Offices of Culture – Information, People’s Committees of communes where the relics reside about measures to protect the relics and plans for execution of relic repair projects and design of relic repair drawings.

2. Raising awareness of the locals where the relics reside and teams of craftsmen and workers participating in the repair of value, objectives, tasks, scope and contents of relic repair projects, and design of relic repair drawings.

3. Receiving transfer of the premise for execution of relic repair projects and design of relic repair drawings.

4. Organize construction sites satisfactory to security and safety requirements; constructing sheltering structures and storage for structural components (in case of total dismantlement of structural components of the relics); adopting measures to protect exhibits.

5. Identifying backup principles, procedures and technical solutions to repair structural components in case of compulsory deconstruction of the relics.

6. Preparing materials, personnel, vehicles and equipment serving construction and related affairs.

Article 16. Execution of relic repair

1. Developers of relic repair projects shall:

a) Establish relic assessment boards and issue regulations on affairs thereof.

The board shall include the project developers, representatives of organizations preparing projects on relic repair, preparing design of relic repair drawings, carrying out relic repair, supervising execution of relic repair, representatives of Community investment supervision boards, representatives of Departments of Culture, Sports and Tourism, Departments of Cultures and Sports, representatives of organizations and individuals directly managing the relics and experts in relevant fields.

The board is responsible for examining results of activities specified in Clause 2 of this Article. Working results of the board shall be made into records.

b) Adjust and revise design of relic repair drawings (if any) as specified in Article 14 of this Circular.

c) Cooperate with Departments of Culture, Sports and Tourism and Departments of Culture and Sports in classifying and selecting valuable structural components that have severely deteriorated and become unusable to preserve and put on display at the relics or provincial museums.

d) Cooperate with organizations executing relic repair and relevant organizations and individuals in inspecting, transferring and bringing the relics into use, and implementing other activities according to construction laws.

2. Organizations executing relic repair shall:

a) In case of on-spot repair or dismantlement of some structural components:

- Cover areas of the structural components that are to be repaired to ensure safety;

- List signs of structural components on the drawings and mark structural components of the relics with corresponding signs. Signs marked on the structural components must not influence characteristics and value of the structural components, must be protected throughout the repair process and easily removed once finishing the repair. Take photos and record images after marking structural components with signs;

- Cooperate with developers, organizations providing design consultancy and Community investment supervision boards in confirming technical conditions of the structural components;

- Execute relic repair according to approved design of relic repair drawings.

b) In case of compulsory total dismantlement of structural components:

- Construct sheltering structures to serve repair of relics and storage to preserve structural components;

- List signs of structural components on the drawings and mark structural components of the relics with corresponding signs. Signs marked on the structural components must not influence characteristics and value of the structural components, must be protected throughout the repair process and easily removed once finishing the repair. Take photos and record images after marking structural components with signs;

- Deconstruct the relics as specified in Article 17 of this Circular;

- Cooperate with relic assessment boards in conducting research, assessing technical conditions of structural components, classifying and selecting valuable structural components that have severely deteriorated and become unusable to preserve and put on display at the relics or provincial museums;

- Execute relic repair according to approved design of relic repair, records of relic assessment board or approved documents on adjustment and revision of relic repair design.

3. Preservation of exhibits shall the carried out as specified in Point a (if necessary), Points b and d Clause 1 and Point a Clause 2 of this Article.

Article 17. Relic deconstruction

1. Relics shall be deconstructed only if all interior exhibits have been relocated or sheltered in place to ensure security and safety.

2. Before the deconstruction, structural components must be photographed, recorded in terms of images and marked according to list of signs on the drawings; prepare measures to deconstruct and areas for consolidation in the storage.

3. During the deconstruction, structural components located in such positions that pose risks of being destroyed must be temporarily protected and reinforced, and appropriate transport methods must be prepared.

4. After the deconstruction, structural components must be overall cleaned, classified and arranged in the storage.

5. Deconstruction process must be kept records of in (written, image, sound) forms and shall be a part of site diaries specified in Clause 2 Article 18 of this Circular.

Article 18. Site diaries and as-built dossiers

1. Preparation of site diaries and as-built dossiers shall be done according to construction laws and regulations specified un Clauses 2 and 3 of this Article.

2. Site diaries shall include:

a) Written records of the entire process of relic repair and new discoveries regarding the relics during said process;

b) Image and video records of the relics throughout the process of relic repair. Color-printed photos with 10 x 15 cm in dimensions or larger;

c) Drawing records specifying new discoveries and location, details of structural components that are preserved, repaired or restored.

3. As-built dossiers shall include:

a) Image records of the relics after completing the repair;

b) Drawing records of the relics after completing the repair.

4. Site diaries and as-built dossiers must be submitted to Departments of Culture, Sports and Tourism, Departments of Culture and Sports, competent construction agencies as per the law and Agency for Cultural Heritage (in case of national relics and special national relics) within 60 days from the date on which the structures are transferred and brought into use.

Chapter IV

IRREGULAR REPAIR AND REGULAR PRESERVATION OF RELICS OR ENTITIES SUBJECT TO RELIC INVENTORY

Article 19. Documents on irregular repair and regular preservation of relics or entities subject to relic inventory

Documents on irregular repair and regular preservation of relics or entities subject to relic inventory include:

1. Explanation for irregular repair or regular preservation, specify in details technical conditions and risks of degradation, collapse or destruction or relics or entities subject to relic inventory; propose irregular repair and regular preservation measures.

2. Color-printed photos with 10 x 15 cm in dimensions or larger depicting degradation conditions of the relics or entities subject to relic inventory at the time of producing the documents.

3. Drawings of irregular repair and regular preservation measures.

4. General estimates for irregular repair and regular preservation.

Article 20. Execution of irregular repair and regular preservation of relics or entities subject to relic inventory

1. Appraisal and approval of documents on irregular repair and regular preservation of relics or entities subject to relic inventory shall be carried out according to construction laws after receiving written remarks of Departments of Culture, Sports and Tourism and Departments of Culture and Sports.

2. Departments of Culture, Sports and Tourism and Departments of Culture and Sports are responsible of providing remarks about documents on irregular repair and regular preservation of relics or entities subject to relic inventory within 7 days from the date on which the request is received.

3. The irregular repair and regular preservation of relics or entities subject to relic inventory shall be carried out with participation of organizations or individuals eligible to repair relics, under supervision of Departments of Culture, Sports and Tourism, Departments of Culture and Sports, representatives of organizations assigned to manage and use relics or entities subject to relic inventory and representatives of Community investment supervision boards.

4. Within 7 days from the date on which irregular repair or regular preservation completes, Directors of Departments of Culture, Sports and Tourism, Directors of Departments of Culture and Sports are responsible for submitting reports to provincial People’s Committees on details and results of irregular repair and regular preservation; with respect to national relics and special national relics, submit written reports to Ministry of Culture, Sports and Tourism.

Chapter V

IMPLEMENTATION

Article 21. Implementation

1. Agency for Cultural Heritage is responsible for providing guidelines and examining implementation of this Circular.

2. Within their competence, culture, sports and tourism inspection agencies shall carry out inspections and take actions against organizations and individuals violating regulations set forth under this Circular

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism for consideration and revision./.

Article 22. Entry into force

1. This Circular comes into force from February 20, 2020.

2. This Circular replaces Circular No. 18/2012/TT-BVHTTDL dated December 28, 2012 of Minister of Culture, Sports and Tourism on elaborating to certain provisions on preservation, repair and restoration of relics.

3. Design of relic repair drawings approved before the effective date hereof needs no additional presentation; subsequent affairs shall comply with this Circular./.