Regulations on the Construction of the fine art parts of Monuments and Murals PDF  | Print |  E-mail
Viet Nam copyright law
Wednesday, 16 March 2005 07:00

 Regulations on the Construction of the fine art parts of Monuments and Murals

(Issued attached to Decision 05/2000/QD-BVHTT on 29 March 2000 by the Minister of Culture and Information)

 

Chapter I

General Provisions

 

Article 1. Definitions of monuments and murals

a. Monuments and murals are cultural and artistic works expressing  epochal ideological and spiritual contents, in contemporary social form, with stable materials. They are a component of the urban architectural space and natural landscape. They have an imposing artistic scope and form, influencing society’s awareness.

b. The expression of statues and embossments, murals (in different varieties of materials), when made of clay shall be called “kneading”, of stone - “carving”, of metals, cements, gypsum - “casting”, with thin metal leaves - “beating”, etc. All these actions shall be hereinafter called “construction of the fine art parts of monuments and murals.”

c. The creation of the outline of monuments and murals shall be called “to outline” for short.

d. Relying on the specific features of the fine arts sector, contests for outlines shall be organized to select the final models for monuments and murals as well as to identify the works’ authors. The regulations on copyright in the Civil Code shall be applied to the expression of fine art parts of the monuments and murals.

 

Article 2. Applicable scope and entities of the Regulations

The expression of the fine art parts of monuments and murals includes statues (symbolic masses), memorials, pictures, embossments.

a. The Regulations are applied for the management of the expression of fine art parts of new monuments and murals or the repair, embellishment, replacement of existing works, including the symbols and fine art parts associated with war memorials or building works or the statues, in parks and gardens, having ideological or religious content and influences on the surrounding landscape, environment, culture and society.

b. Architectural components in such projects of monuments and murals, such as courtyards, gardens, green areas, grass carpets, lighting systems, lightning-conductors, water supply and sewage, etc. shall be managed, invested and constructed under the sequence of the regulations specified in Decree 52/1999/ND-CP on 8 July 1999 by the Government.

c. The monuments and murals shall have to adapt to the planning schemes of urban construction, historical sites and places of scenic beauty approved by the competent authorities.

d. The expression of monuments and murals shall ensure artistic and technical quality.

e. The construction of monuments and murals having ideological content against the cultural and artistic orientations of the Party, the laws and the nation’s good habits and customs shall be strictly prohibited.

 

 

Article 3. Entities permitted to construct, repair, embellish and replace monuments and murals.

Entities:

Governmental agencies, social unions and organizations, armed forces units, Vietnamese citizens, overseas Vietnamese and foreign citizens shall be allowed to construct and assigned with responsibilities to manage, repair, replace monuments and murals in conformity with the planning schemes approved by the competent authorities under existing legal documents.

b. Funds

- For monuments and murals using State budgets, the State shall manage the funds for the planning scheme, expression and artistic quality.

- For monuments and murals using non-State budgets, the State shall manage their overall planning scheme, expression and artistic quality on the basis of economic norms specified in the Regulations.

 

Article 4. Modes of organization, management and implementation of the projects on building monuments and murals.

Relying on the scale, nature and specific conditions of each project, the competent authorities shall select one of the two following modes to manage the fine art parts of the project:

a. The investors shall directly manage the implementation of the projects and direct the projects (according to Decree 52/1999/ND-CP on 8 July 1999 by the Government on issuing the Regulations on the management of investments and construction).

b. Or the competent authorities may separately assign the outlines or the whole or parts of the works.

Due to specific features of the fine art sector, the project management expenditure is the costs for the Project Management Unit to manage fine art parts, including seminars, exhibition of the outlines, opinion collection, etc. The maximum expenses shall not exceed the following regulations:

 

No

1

2

3

4

5

6

7

8

9

10

The approved pre-tax estimates for fine art parts (z)

< VND 1 billion

VND 1-2 billion

VND 2-3 billion

VND 3-4 billion

VND 4-5 billion

VND 5-6 billion

VND 6-7 billion

VND 7-8 billion

VND 8-9 billion

VND 9-10 billion

Expenditure rate

2%

1.8%

1.6%

1.4%

1.2%

1%

0.8%

0.6%

0.5%

0.46%

 

If the approved pre-tax estimate for fine art parts exceeds VND 10 billion, the expenditure shall be calculated in the range of VND 9-10 billion as stipulated in the above table plus VND 5 million for every additional VND 1 billion for the approved fine art parts.

 

Article 5. Functions and powers of the Ministry of Culture and Information in managing the construction of the fine art parts of monuments and murals:

a. To instruct and inspect the implementation of the Regulations on the Construction of the fine art parts of Monuments and Murals.

b. To repeal the results of the remarking of outlines if the organization of the contest for outlines by the investors or the marking by the Artistic Councilsdoes not follow the regulations specified in the Regulations.

c. To suspend the expression of fine art parts or revoke the licenses for expression if the quality of outlines or expression cannot satisfy the requirements for artistic content and appearance.

d. To decide the repair, embellishment, upgrading, material change or abrogation of the monuments and murals not satisfying artistic requirements.

e. To commend or propose to commend the works of high artistic values. To deal with all violations against the contracts on outline creation and expression for fine art parts of monuments and murals.

f. To assess the estimation for fine art parts; and, together withthe Artistic Council, assess the artistic quality.

g. To license the expression of the fine art parts of monuments and murals.

 

Chapter II

Authors of monuments and murals

 

Article 6. Standards, functions, tasks and powers of the authors of monuments and murals:

a. Standards

- The authors of monuments or murals may be an individual or a group of professionals (co-authors)

- On the basis of the requirements of some projects, the authors meeting the two following standards shall be assigned (appointed) to create the outlines:

+ Having a university-level professional ability or higher in sculpture;

+ Being the author of at least two high-quality monuments or murals built at province, city or central levels and confirmed by the Ministry of Culture and Information.

- For the works at province or centrally-administered city level, Ministerial, sectoral or national levels, the authors not specified in the two above-mentioned standards shall have to take part in the contests for outline creation.

The authors without university-level professional ability in sculpture, when expressing their works, shall have to cooperate with some partners having university-level professional ability in sculpture and experienced in the expression of monuments or murals.

b. Tasks

- To create sample outlines for monuments or murals (step 1)
- To create the sample outlines for monuments or murals (step 2)

- On the basis of the regulations on copyright in the Civil Code and specific features of the fine art sector, the expression of monuments or murals is a continuous creation process with artistic intentions from creating the outlines, developing the 1:1 model to material conversion and expression by the authors. Thus, the expression of the fine art parts of monuments or murals shall be conducted through assignments (including special materials and single instruments of the fine art sector).

c. Powers

- The authors shall have the right to select qualified painters or sculptors to participate in their expression work;

- The authors shall have the right to authorize others to express or direct the expression of their outlines. In that case, the authors shall have the right to participate in the Assessment Councils and their opinions shall be considered very important;

- The authors, when directly expressing their works, shall enjoy the expression expenses in the total estimation for fine art parts;

- The authors, when directing the artistic creation of the expression work, shall enjoy 3% (in minimum) of the total approved pre-tax estimation for fine art parts. This amount shall be paid by the expression unit;

- The authors’ names shall be marked in proper location on the monuments or murals;

- The authors shall enjoy royalties and rewards for their works and other copyright-related rights as stipulated by laws.

 

Article 7. Expenditure for outline creation (royalties)

a. The expenditure for outline creation shall be calculated according to the total approved pre-tax estimation for fine art parts and not exceed the following rates in maximum:

 

No

1

2

3

4

5

6

7

8

9

10

The approved pre-tax estimates for fine art parts (z)

≤ VND 1 billion

VND 1-2 billion

VND 2-3 billion

VND 3-4 billion

VND 4-5 billion

VND 5-6 billion

VND 6-7 billion

VND 7-8 billion

VND 8-9 billion

VND 9-10 billion

Expenditure rate

10%

8.5%

7.3%

6.8%

6.2%

5.9%

5.6%

5.3%

5%

4.7%

 

If the total approved pre-tax estimation exceeds VND 10 billion, the expenditure for outline creation shall be calculated at the rate of 4.7% plus VND 10 million for every additional VND 1 billion.

b. For the monuments or murals converted into other materials or reproduced for the second time on, scale 1:1, the expenditure for outline creation shall be 30% of the same for the new works.

 

Chapter III

Artistic councils for Monuments and murals

 

Article 8. Functions and tasks of the Artistic Councils for monuments or murals at the central level

a. The membership of the Artistic Councils for monuments or murals:

The Artistic Councils for monuments or murals at the central level shall be established by the Minister of Culture and Information, including managers, sculptors, painters, architects of high prestige, professional skills and qualifications (at least two thirds of the councils’ members shall be painters and sculptors with regular university-level professional ability or higher).

The artistic councils for monuments or murals are established and operate right after the step-1 sample outline is finished.

 

 

b. Powers of the Artistic Councils for monuments or murals:

Before the expression of monuments or murals, the sample outlines (the design for the overall  space) must be accepted by the Artistic Councils through voting. The Councils’ conclusion shall be the important artistic foundation for the competent entity in charge of deciding the investment to approve the technical design as well as the total estimate for the construction project. If this decision is different from the Councils’ conclusion, before giving the decision, the competent entity in charge of deciding the investment shall have to obtain the consents in writing of the Councils and be responsible for his decision.

c. Functions and tasks of the Central-level Artistic Councils for monuments and murals:

The Central-level Artistic Councils for monuments and murals shall have obligations to advise and assist the Minister of Culture and Information in relation to the fine art parts of the monuments or murals managed by the central level or the important and meaningful works managed by the provinces or centrally-administered cities, especially in the following aspects:

- To assess and approve the outlines (designs for the overall space of a specific project);

- To check and take over every stage of the expression process of fine art parts and, together with the investors, to fully take over the monuments or murals;

- To suggest and supervise the artistic quality during the expression and classification of monuments and murals; to make proposals to the State for awards.

 

Article 9. Membership, functions and obligations of the Artistic Councils for monuments or murals at the provincial or centrally-administered city level

a. Regulations on the establishment of the Artistic Councils for monuments or murals at the provincial or centrally-administered city level:

- The Chairpersons of the People’s Committees of the provinces or centrally-administered cities shall decide the establishment of the local-level Artistic Councils for monuments or murals. The Councils shall operate immediately after the step-one sample outlines are finished. A representative of the local Service of Culture and Information must participate in the membership.

- The Artistic Councils for monuments or murals at the provincial or centrally-administered city level and the Ministries or branches, before being established, shall have to negotiate with the Department of Fine Arts, Ministry of Culture and Information, about their membership.

b. Membership of the local Artistic Councils for monuments and murals:

One thirds shall be managing staff and the rest two thirds shall be sculptors or painters of regular university-level professional ability or higher (including an architect), high prestige, good qualifications and skills. It is possible to invite professionals at the central level to participate in the Councils if the number of high-skilled and famous painters and sculptors at the local level is less than two thirds of the Councils’ membership.

c. Functions and obligations of the Artistic Councils for monuments or murals at the provincial or centrally-administered city level:

- The Artistic Councils for monuments or murals of the provinces or centrally-administered cities shall advise and help the Chairpersons of the said provinces or cities in supervising the artistic quality of the local-level monuments and murals, especially in the following aspects:

- To approve the outlines (the designs for the overall space of each specific project) of the artistic works at the local level;

- To assess and take over every stage of the expression process and, together with the investors, take over the whole fine art parts of the finished works;

- To give opinions and supervise artistic quality during the expression process, to propose for commendation and deal with all issues related to fine arts.

 

Article 10. Working method of the Artistic Councils for monuments and murals

a. The Artistic Councils for monuments and murals shall operate on the basis of equality and democracy among their members. The Councils’ decisions shall be balloted or marked, the results shall be valid if being accepted by more than 50% of the Councils’ members (from the top down).

- All councils members shall have to execute the regulations and criteria of the contest and the selection method, and shall be responsible for the Councils’ decision;

- During a working session, in case of the absence of one-third of the members and above, all decisions must be approved in the next session or instructed by the Ministry of Culture and Information.

b. The authors and units related to the outline creation and expression of the works shall not participate in the Artistic Councils.

c. The Artistic Councils shall do artistic inspection and assessment through the following items:

- To survey the sites;

- To collect materials;

- To mark and select the outlines in different steps;

- To give opinions to the authors to improve the artistic quality of the works;

- To assess and take over different stages;

The expenditure for the Artistic Councils to do the above work shall be calculated in line with the total estimates inspected by the Ministry of Culture and Information and approved by the competent agencies. The maximum expenditure shall not exceed the following rates:

 

No

1

2

3

4

5

The approved pre-tax estimates for fine art parts (z)

≤ VND 2 billion

VND 2-5 billion

VND 5-7 billion

VND 7-10 billion

VND 10 billion

Expenditure rate

2-2.5%

1.5-2%

1-1.5%

0.8-1%

0.3–0.7%

 

If the total approved pre-tax estimation exceeds VND 10 billion, the expenditure shall be calculated in the rate of VND 10 billion (column 5) plus VND 5 million for every additional VND 1 billion for the approved estimation.

When the works are finished, the Artistic Councils shall be dissolved. Relying on the specific works and contributions of the members to the success of the works, the investors can commend or propose their parent agencies to commend.

 

Chapter IV

Building process for fine art parts of Monuments and murals

 

 

Article 11. Creation of the outlines

a. The investors shall make preparations for the creation of the outlines as follows:

- To compose the commentary for the contents, ideological themes, purposes and meaning. On the basis of the requirements and properties of each project, the investors shall directly instruct an author or launch a contest for many authors to express the monuments or murals (size, materials, agencies to manage and exploit the works);

- To draft criteria and regulations for the outline contest (the design for the overall space) and the selection method of the Artistic Councils, ensuring equality, righteousness, accuracy and secrecy;

- To establish the Artistic Councils (according to Articles 10 and 11).

b. Creation of the step-one outlines

- Model (idea and lay-out), 60 cm in height;

- The preliminary drawing for the overall architectural space including the cross-section, vertical section, horizontal section or model (mock-up);

- The commentary for graphic ideas;

- To hold seminars or exhibitions (if necessary);

- The outlines must highlight the ideological and artistic contents of the works through the harmonious arrangement of blocks and lines between the monuments and their pedestal, between the embossments or murals and auxiliary architectural works (exhibition house, museum, park, fountain, etc.);

- Each monument or mural submitted by the investors to the Artistic Councils for approval and selection must have at least three different outlines;

- The sample outlines (the designs for the overall space) for the contests must have the same size, quantity, materials, time of performance and delivery;

- The expenditure for the preparations of the investment project and the step-one outlines shall not exceed 3% of the approved estimation for fine art parts and shall be included in the total cost for the works’ fine art parts.

c. Creation of the step-two outlines

The step-one outlines (including the designs for the overall space), after approval and selected by the Artistic Councils, shall be put into step two. In this step, the outlines (samples) must have a height of 120 cm and above. It must be expressed in details and completion, able to be developed to the scale 1:1.

The detailed estimation of expenditure for the fine art expression shall be calculated on the basis of expression volume in conformity with the outlines and materials (at the standard prices of the State Fine Art Sector set by the Ministry of Culture and Information with the participation of the Ministry of Construction).

 

Article 12. Construction process of the fine art parts of monuments or murals

a. The implementation process shall be stipulated in Decree 52/1999/ND-Cp dated 8 July 1999 by the Government on the issuance of the Regulations on managing investment and construction. Besides, it is necessary to conduct the specific work items of the fine art sector as follows:

- The Ministry of Culture and Information shall assess and check the estimation for fine art parts;

- The competent agencies in charge of approving the step-two outlines for fine art parts (selected by the Artistic Councils) shall approve the technical design for architectural components of the monuments or murals and the total estimation;

- To ask for permission to build the fine art parts of the monuments or murals;

- To make contracts on the realization of different stages (steps) for fine art parts;

- To prepare the site and workshop to develop the works to the scale 1:1, to change materials and build on the site;

- The investors shall be responsible to inspect and supervise the contracts;

- To assess and take over the projects, to balance the investment capital, to hand over and maintain the projects.

b. Development on the scale 1:1

- To change materials and perfect the works (and their similar expression methods);

- When being developed, the outlines must fully reflect the ideological intentions and themes as well as artistic quality of the samples.

c. To cast the gypsum mould for earthen statue, scale 1:1

Before molding, the earthen model and the sample statue, scale 1:1, must be checked by the Artistic Councils and aproved by the investors.

d. Material conversion and on-site arrangement

- The sample statue, scale 1:1, must be reproduced without any changes. To selectively acquire with high responsibilities all opinions of the Artistic Councils and the competent agencies to improve the works’ artistic quality;

- To ensure the harmony between the pedestal, statue, embossment and lights, green areas, enclosure, fence, etc. in the overall arrangement and ensure high aesthetic value.

e. To assess, take over and hand over the fine art parts of the works.

The Artistic Councils shall assist the investors in assessing and taking over the fine art parts. The expression unit shall hand over the works to the investors. The two parties shall liquidate the contract and do maintenance for the works.

 

Article 13. Licensing the expression of fine art parts of the monuments or murals

a. The object licensed to express the fine art parts

The fine art parts of the monuments or murals, when being built, repaired, converted into new materials or destroyed, shall have to be licensed and managed by the Ministry of Culture and Information or the Services of Culture and Information in the fine art sector.

b. Work items not licensed in the fine art sector

The architectural components in the overall monuments or murals are applied with Decree 91/CP on 17 August 1994 by the Government issuing the Regulations on managing urban planning and Decree 52/1999/ND-CP on 8 July 1999 issuing the Regulations on managing the investment and construction.

c. The competence to issue a license to express fine art parts of the monuments and murals

- The Minister of Culture and Information shall license the central-level monuments and murals and the statues of President Ho Chi Minh, provincial/city-level projects and ministerial/sectoral-level projects of a large scale placed in the socio-political and cultural centers; the monuments located in historical and beautiful sites classified by the State; large-scale religious statues or pictures; foreign monuments built in Vietnam. In some cases, the Minister of Culture and Information shall authorize the Head of the Department for Fine Arts to license the expression.

- The Chairpersons of the People's Committees of provinces or centrally-administered cities shall license the construction of monuments and murals at the local levels (not specified above).

- In some specific cases, the Chairperson of the People's Committees of provinces or centrally-administered cities shall authorized the Services of Culture and Information to license the construction of the monuments managed by the local authorities in line with the urban architectural planning scheme approved by the competent agencies.

d. Application files for a license to build the fine art parts of monuments or murals- Application

- Assessment minutes by the Artistic Councils

- Documents related to the projects

- Photos of the outlines (three directions) and the drawing of the design (smallest size: 15 x 18)

- The license duration shall be for 30 days (for the national-level projects) and for 20 days (for local-level projects) after the licensers receive the application files in full order.

- The license to build monuments or murals shall be valid for 12 months after the signing date. Beyond this duration, if the project is not realized, the investor shall have to apply for a new license.

 

Article 14. Contracts to build fine art parts of monuments or murals

a. The contracts  shall be made between the investors on one side and the builders with legal status on the other side, authorized by the authors to represent them (or the authors for the medium- and small-scale projects).

General expenditure: the maximum rate shall not exceed 35% of the approved pre-tax estimation.

b. The contracts must clearly define the responsibilities of each party in terms of volume, technical and artistic quality, prices, method of payment, completion deadline, material and technical guarantee conditions, spiritual and material interests of each party.

c. The contracts on construction can be made and signed partly or fully or in the form of the conveyance contracts (definitive purchase). The contract prices are those calculated in accordance with the price list for the fine art sector issued by the Ministry of Culture and Information (participated by the Ministry of Construction). And the estimation for fine art parts shall have to be assessed by the specialized management agencies of the Ministry of Culture and Information and approved by the competent agencies in charge of investment decisions.

d. During the construction, when a proper work volume arises and the prices change, the parties shall have the right to make additional contracts to supplement suitable terms and conditions (but not exceeding the approved estimation, including the stand-by expenditure).

e. The artistic outlines or architectural designs for the contests that fail to be realized shall receive their initial investment compensation or awards from the organizer (the project management unit). This amount is a part of the preparatory expenditure which must be informed by the organizers.

 

Article 15. Assessing the estimation for fine art parts

a. Assessing the estimation for fine art parts

- The assessment basis:

+ The price list for the fine art sector issued by the Ministry of Culture and Information with the participation of the Ministry of Construction, and the current regimes and policies on finance issued by the State;

+ To assess the legality of the application files for the assessment of the estimation;

+ To assess different economic index of the estimation suitable to the construction intentions, including volume and artistic quality;

+ The expenses in the estimation must conform with the price list for the fine art sector and other existing regimes and policies of the State.

b. The agencies to assess the estimation for fine art parts (applied for the State budget capitals)

- The estimation for fine art parts of over VND 7 billion shall be assessed by the interdisciplinary council headed by the Ministry of Culture and Information (the council is assisted by many experts and specialists).

- The estimation for fine art parts of below VND 7 billion shall be assessed by the Ministry of Culture and Information (the Department for Fine Arts is assigned to take the leading role and the Head of the Department shall be assisted by many experts and specialists).

- The projects with an estimation for fine art parts of below VND 300 million shall be assessed by the local authorities.

c. Assessment files for the estimation for fine art parts

- Official proposals for the assessment of the estimation for fine art parts by the investors;

- The expenditure estimation made by the authors independently or in combination with the builders;

- Photos of the outlines (4 sides); photos or drawings of the sites (smallest size: 10 x 15);

- The photos must have captions (the quality must be good);

- Minutes of the councils' meetings;

- Decision by the competent agencies to select the outlines;

- Other documents related to the projects.

d. End of the assessment

- The assessment agencies must make reports on the assessment to the competent agencies in charge of investment;

- The assessment agencies shall be responsible to the investors and laws for the results of their work.

e. Time to assess the expenditure estimation for fine art parts

For the projects of VND 7 billion and above: within 30 days and the projects below VND 7 billion: within 20 days after the day the assessment agencies receive the application file in order.

 

Chapter V

Transfer of the outline and works (fine art Parts)

of monuments and murals

 

Article 16.  Fundamental requirements for fine art parts of the monuments or murals that are allowed to be assigned and made under orders

The monuments or murals can be conveyed fully or partly (for fine art parts) under the following conditions:

a. The work is licensed to be built by the competent authorities;

b. The authors self-fund the construction of their works (fine art parts) and bear all risks (if applicable);

c. During the construction, the authors must execute the current regulations by the State;

d. The artistic quality of the outlines and the works must be selected and assessed by the Artistic Councils;

e. The prices shall be negotiated among the buyers and the sellers on the basis of the price list for the fine art sector and must be assessed in line with Article 15 of the Regulations;

f. The investors shall submit the total estimation after the Artistic Councils take over the works and the project management unit receives the works at the workshop or the construction site.

 

Article 17. Different conveyance forms

a. To convey the outlines (with copyright) that are ordered or bought at the contest by the investors;

b. To convey partly the works;

c. To transfer the entire fine art parts of the works finished, built and installed on the sites;

d. Conveyance scope for different materials:

- For concrete, metal and synthetic works, it is possible to transfer to the stage of earthen sample statue, scale 1:1 and the cast works;

- For wooden, stone or metal-shaped works, only the stage of material perfection can be conveyed;

To transfer and order the entire fine art parts that are finished and installed in the construction site. The conveyance contracts are made in parallel to the assessment of the projects.

 

Article 18.  The rights of the authors and the owners of the transferred works

a. The ownership of the outlines, monuments and murals that are transferred shall belong to the transferee under the contracts.

The methods of use must be fully declared in the conveyance contracts. At the same time, the spiritual and materials interests and responsibilities of each party must be clearly defined.

b. When the outlines are transferred, the transferee shall have the right to select individuals or agencies to build, convert into new materials, develop or miniaturize, multiple and readjust during the construction.

c. The outlines' prices shall be calculated in accordance with Article 8 of the Regulations and added with the percentage of the approved pre-tax estimation for fine art parts to definitively sell the copyright (the additional rate shall not exceed 3% in maximum).

 

Chapter VI

Assessment of artistic quality and maintenance of the projects

 

Article 19. Quality classification

a. After the projects are assessed and taken over and all work items are fulfilled under the contracts, the investors, the Artistic Councils and the license issuing agencies shall comment and classify the projects.

b. Criteria for the classification:

- Grade A: Excellent artistic quality. The whole project (monuments, embossments, pictures, pedestals, green areas, grass carpets, lighting) are in good harmony. The construction is conducted on schedule, with absolute safety for laborers and materials. The investors (Party A) commend or propose their parent agencies to commend the authors and the builders (Party B).

- Grade B: Must have consistent artistic and technical qualities. Some details or components may be imperfect, but not affecting the whole project. The construction is conducted on schedule, with high safety for men and materials.

- Grade C: Artistic or technical qualities are unsatisfactory. The responsible party shall have to compensate and repair immediately.

 

Article 20. Maintaining the monuments or murals

a. The period of guarantee for fine art parts shall last for one year. The temporary maintenance fee accounts for 2% of the approved pre-tax estimation for fine art parts. If nothing happens, this amount shall be fully returned after the period of guarantee expires.

b. All actions damaging the monuments or murals shall be prevented in time and dealt with under the current laws.

 

Chapter VII

Implementation Provisions

 

Article 21. The entities to implement the Regulations

The Ministries, the ministerial-level agencies, the People's Committees of provinces or centrally-administered cities, organizations and individuals related to the construction of monuments or murals shall be responsible to implement the Regulations.

 

Article 22. Validity of the Regulations

The Regulations shall come into effect within 15 days after the signing date. The Regulations on the construction of monuments and murals issued attached to Decision 568/QD-PC on 8 May 1992 by the Minister of Culture, Information and Sports, Decision 2910/QD-MT on 5 November 1994 by the Minister of Culture and Information on supplementing and amending the Regulations on the construction of monuments and murals issued attached to Decision 2659/QD-PC on 16 October 1996 by the Minister of Culture and Information and other documents by the Department of Fine Arts instructing the implementation of these Decisions and Regulations shall be no longer valid after the day these Regulations come into effects.

 

On behalf of the Minister of Culture and Information

Deputy Minister

Nguyen Trung Kien (signed)

 

 
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