THE MINISTRY OF CULTURE AND INFORMATION THE MINISTRY OF CULTURE AND INFORMATION DECISION No. 05/2000/QD-BVHTT OF MARCH 29, 2000 PROMULGATING THE REGULATION ON MANAGEMENT OF THE CONSTRUCTION OF GRANDIOSE FRESCO-STATUE MONUMENTS (FINE ART SECTION) THE MINISTER OF CULTURE AND INFORMATION Pursuant to the Government�s Decree No.81/CP of November 8, 1993 defining the functions, tasks, powers and organizational apparatus of the Ministry of Culture and Information; Pursuant to the copyright section of the Civil Code of the Socialist Republic of Vietnam; Pursuant to the Government�s Decree No.91/CP of August 17, 1994 promulgating the Regulation on management of urban planning; Pursuant to the Construction Ministry�s Dispatch No.290/BXD-PC of March 3, 2000 agreeing on the promulgation of the Regulation on Management of the Construction of Grandiose Fresco-Statues Monuments (Fine art section); At the proposal of the director of the Fine Arts Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on Management of the Construction of Grandiose Fresco-Statues Monuments (fine art section). - This Regulation shall apply to the management of the fine art construction of grandiose presco-statues, including the creation of sketch model, representation, materials conversion, layout and erection of statues, frescoes, bas reliefs. - The capital construction included in the total project "Statue-Fresco" shall not be governed by this Regulation. Article 2.- This Decision takes effect throughout the country 15 days after its signing. Article 3.- The director of the Ministry�s Office, the heads of functional Departments of the Ministry, the directors of the provincial/municipal Culture and Information Services shall coordinate with the Construction Services of the provinces and centrally-run cities in disseminating this Regulation to various branches and levels and guiding them to implement it. For the Minister of Culture and Information Vice Minister NGUYEN TRUNG KIEN REGULATION ON MANAGEMENT OF THE CONSTRUCTION OF GRANDIOSE FRESCO-STATUE MONUMENTS (FINE ART SECTION) (Promulgated together with Decision No.05/2000/QD-VHTT of March 29, 2000 of the Minister of Culture and Information) Chapter I GENERAL PROVISIONS Article 1.- Conception of grandiose fresco-statue monument a/ Grandiose fresco-statue monument is a cultural and art works depicting the ideology and spirit of the time, bearing the contemporary social characters, represented in sustainable materials, which is a component of the urban architectural space and natural landscape, with grandiose scale and artistic forms and impact on social perception. b/ For statue and bas relief, grandiose frescoes (in various materials), when represented in clay, the process is called to knead; represented in rock materials, it is called to sculpture, represented in metals, cement or plaster, it is called to cast; represented in thin metal sheets, it is called to hammer�, hereinafter referred collectively to as building the grandiose fresco-statue monument (regarding the fine arts). c/ Creation of sketch model of grandiose fresco-statue monument is called for short sketch creation. d/ Pursuant to the fine art particularities, to organize sketch competition in order to select model of the grandiose fresco-statue monument, thereby determining the project�s author and applying the Civil Code�s provisions on copyright in the process of fine art presentation of the grandiose fresco-statue monument. Article 2.- Scope and objects of application of the Regulation. The expression contents of the grandiose fresco-statue monument (regarding the fine arts) includes: statues (representation bloc), monument, paintings and bas relief. a/ This Regulation applies to the management of the fine art representation of new grandiose fresco-statue monuments or the renovation, embellishment, repair or replacement of old grandiose fresco-statue monuments, including symbols and fine art section affixed to war dead monuments, construction works; statues in premises or gardens with contents of religious ideology or beliefs, which affect the landscapes, environment, culture and society. b/ The architectural components of the overall project on grandiose fresco-statue monument such as yard, gardens, green trees, grass lawn, lighting, lightning-arrester, water supply and drainage systems... shall be managed, invested in and constructed according to the procedures prescribed in Decree No.52/1999/ND-CP of July 8, 1999 of the Government. c/ The grandiose fresco-statue monument projects represented must conform to the urban construction planning as well as historical relics and scenic place planning, which have been already approved by competent authorities. d/ The representation of statues, monuments and grandiose frescoes must meet the artistic and technical quality requirements. e/ To strictly forbid the building of grandiose fresco-statue monument projects with ideological contents contrary to the cultural, literary and artistic policies of the Party, the State laws and the fine customs and practices of the nation. Article 3.- Subjects entitled to be granted permits for renovation, embellishment, repair or replacement of grandiose fresco-statue monuments a/ Subjects: The State bodies, social and mass organizations, armed forces units, Vietnamese citizens, overseas Vietnamese and foreign nationals may build and shall have to manage, renovate, repair or replace statue- grandiose fresco monument projects in strict accordance with the planning approved by the competent authorities and current legal documents. b/ Capital sources: - For the grandiose fresco-statue monuments which use the State budget capital: The State manages the planning budget, representation process and artistic quality. - For the grandiose fresco-statue monuments which do not use the State budget capital: The State shall manage the overall planning, the representation process and the artistic quality of the project, based on the level of expenses prescribed by this Regulation to reach agreement on implementation. Article 4.- Forms of organizing the management of the implementation of investment projects for construction of grandiose fresco-statue monuments. Depending on the scale, nature and specific conditions of each project, the person competent to decide the investment shall opt for and decide on one of the following forms of management of the project (including the fine art part): a/ The investor shall directly manage the project implementation and act as the executive manager of the project (according to Decree No. 52/1999/ND-CP of July 8, 1999 of the Government, promulgating the Investment and Construction Management Regulation). b/ Sketch transfer: Transfer part or whole of the works. Due to the particular features of the fine art sector, the project management expense shall be the expense for activities of the project management board to manage the fine art activities, including seminars, sketch exhibition, comment gathering... The maximum expense level shall not exceed the following prescribed levels: Ordinal number 1 2 3 4 5 Approved pre-tax fine art cost estimate (z) < 1 billion VND > 1 to 2 billion VND > 2 to 3 billion VND > 3 to 4 billion VND > 4 to 5 billion VND Prescribed expense level 2% 1.8% 1.6% 1.4% 1.2% Ordinal number 6 7 8 9 10 Approved pre-tax fine art cost estimate (z) > 5 to 6 billion VND > 6 to 7 billion VND > 7 to 8 billion VND > 8 to 9 billion VND > 9 to 10 billion VND Prescribed expense level 1% 0.8% 0.6% 0.5% 0.46% If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the expense may be calculated at the level of > 9 to 10 billion VND according to the above table and added with 5 million dong to every billion dong in excess of the approved fine art amount. Article 5.- The Culture and Information Ministry�s functions and powers in the management of investment in and construction of the grandiose fresco-statue monuments. a/ To guide and inspect the observance of the Regulation on management of the fine art construction of the grandiose fresco-statue monuments. b/ To cancel the results of marking and selection of sketch if the organization of sketch creation competition by the investor or the marking and selection by the Art Council fail to comply with the provisions of this Regulation. c/ To suspend the fine art representation or revoke the representation permit when the sketch quality or representation quality fails to meet the requirements on contents and art forms. d/ To decide the repair, renovation, upgrading of materials conversion or cancel statuary monuments and/or grandiose frescos which fail to meet the art requirements. e/ To commend or propose commendation for projects of high artistic value. To handle breaches of contracts for sketch creation and fine art representation of the statuary monument, grandiose fresco projects. f/ To evaluate the fine arts cost estimate of the project; to evaluate together with the Art Council the art quality. g/ To grant permit for fine art representation of the grandiose fresco-statue monument. Chapter II AUTHORS OF GRANDIOSE FRESCO-STATUE MONUMENTS Article 6.- Criteria, functions, tasks and powers of authors of grandiose fresco-statue monuments a/ Authors� criteria: - Authors of grandiose fresco-statue monuments are individuals or groups of professionals (co-authors). - Only those authors who fully meet the following two criteria as required by a number of projects shall be invited by names (appointed) to create sketches: + Having the university or higher degree in sculpture. + Having been the authors of at least two grandiose fresco-statue monument projects of the provincial, municipal or central level, which have already been constructed with high quality, with certification by the Ministry of Culture and Information. - For projects of the provincial, municipal, central, ministerial, branch or State level, authors who fail to satisfy the two above-mentioned criteria shall have to take up competition for sketch selection before they are selected for representation. Authors having no university degree in sculpture, when representing their works, must cooperate with persons who have university degrees in sculpture and experiences in representing the grandiose fresco-statue monuments. b/ Tasks: + To create sketch models of grandiose fresco-statue monument, step one. + To create sketch models of grandiose fresco-statue monument, step two. + According to the Civil Code�s provisions on copyright and the fine art particularities, the representation of grandiose fresco-statue monument is a process of constant creation of artistic intentions, from the sketch creation, the 1/1 scale enlargement, to the material conversion and layout by authors. Therefore, the work of fine art representation of the grandiose fresco-statue monument shall be entitled to the application of the form of appointed representation (including materials, exclusively typical single tools of the fine art sector). c/ Powers: + The authors may select painters and sculptors, who are capable and have suitable creation style, to join them in the work of representation. + The authors may authorize other persons to make representation or direct the representation of their sketches. In such case, the authors may join the Council for test upon completion and acceptance and their opinions are considered important. + Those authors who personally make the representation shall be provided with the presentation expense according to the approved fine art cost estimates. + Those authors who direct the art creation in representation shall be provided with a fund at least equal to 3% of the approved pre-tax fine art cost estimate, and such expense shall be paid by the representation units. + The grandiose fresco-statue monuments must have the authors� names inscribed at proper places thereon. + The authors shall be entitled to the regime of royalties and allowances for their used works and other provisions on copyright prescribed by law. Article 7.- Expense for sketch creation (authors� royalties): a/ The sketch creation expense shall be calculated in percentage (%) of the approved pre-tax fine art cost estimate, but shall not exceed the following levels: Ordinal number 1 2 3 4 5 Approved pre-tax fine art cost estimate (z) � 1 billion VND >1 to 2 billion VND >2 to 3 billion VND >3 to 4 billion VND >4 to 5 billion VND Prescribed expense level 10% 8.5% 7.3% 6.8% 6.2% Ordinal number 6 7 8 9 10 Approved pre-tax fine art cost estimate (z) >5 to 6 billion VND >6 to 7 billion VND >7 to 8 billion VND >8 to 9 billion VND >9 to 10 billion VND Prescribed expense level 5.9% 5.6% 5.3% 5% 4.7% If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the sketch creation expense shall be calculated as being equal to 4.7% plus 10 million dong for every subsequent billion. 2. For a grandiose fresco-statue monument with the change of materials or duplication twice or more, the 1/1 scale sketch creation expense rate shall be calculated as being equal to 30% of the sketch creation expense according to the value of the new works. Chapter III ART COUNCILS FOR GRANDIOSE FRESCO-STATUE MONUMENTS Article 8.- Functions and tasks of the Art Councils for grandiose fresco-statue monuments a/ The composition of an Art Council for grandiose fresco-statue monuments: The grandiose fresco-statue monument Art Council of the central level, set up by decision of the Culture and Information Minister, is composed of administrators, sculptors, painters, architects, who have prestige and high professional and moral qualities (at least 2/3 of the Art Council members are painters or sculptors with university or higher degree, who have been trained through full-time courses). The grandiose fresco-statue monument Art Council is set up and operates immediately after the sketch model, step 1, is completed. b/ The powers of the grandiose fresco-statue monument Art Council Before a grandiose fresco-statue monument is represented, the sketch (overall plan on spatial ground design) must be approved through voting by the Art Council. The Council�s conclusions constitute an important art basis for the persons competent to decide the investment to approve the technical designs and the total cost estimate of the construction investment project. If such a decision differs from the Council�s conclusion, the person competent to decide the investment, before making a decision, must consult in writing with the Council and take responsibility for his/her decision. c/ The functions and tasks of the central-level Art Council for grandiose fresco-statue monuments: The central-level Art Council for grandiose fresco-statue monuments is tasked to advise the Culture and Information Minister on matters related to the art of the grandiose fresco-statue monument projects managed by the Central Government or projects of important positions and contents, managed by provinces or centrally-run cities, with the following jobs: - Examining and approving sketches (plan on ground design, overall spatial design according to the requirements of each project). - Testing upon completion of and accepting the fine art representation part by part and, together with the investor, testing upon the completion of and accepting the complete grandiose fresco-statue monument project. - Commenting on and supervising the art quality in the process of representing, classifying and rating grandiose fresco-statue monuments, proposing the State to award prizes. Article 9.- The composition, functions and tasks of the provincial/municipal Art Councils for grandiose fresco-statue monuments a/ The regulations on the establishments of grandiose fresco-statue monument Art Councils of the provinces and centrally-run cities: - The grandiose fresco-statue monument Art Councils of the local level shall be set up by decisions of the presidents of the People�s Committees of the provinces and centrally-run cities and operate right after the step-one sketch model is completed, and must necessarily include a representative of the provincial/municipal Culture and Information Services. - The grandiose fresco-statue monument Art Councils of the provinces, centrally-run cities and ministries as well as branches, before being established, must have their members agreed upon by the Fine Arts Department of the Ministry of Culture and Information. b/ The composition of a local grandiose fresco-statue monument Art Council: - 1/3 of its members are administrators and 2/3 are sculptors and painters with university or higher degree and trained through full-time courses (including one architect), who have prestige, high professional and moral qualities. Experts of central bodies may be invited to join the Council in the following cases: The number of prestigious and professionally skilled painters and sculptors in localities fail to account for 2/3 of the Council�s members. c/ Functions and tasks of the provincial/ municipal Art Councils for grandiose fresco-statue monument: The provincial/municipal grandiose fresco-statue monument Art Councils are tasked to act as art consultants and supervisors for the presidents of the provincial/municipal People�s Committees on grandiose fresco-statue monument projects managed by localities, with the following jobs: - Examining and approving sketches (plan on ground design and overall spatial design according to the requirements of each project) of local fine art projects. - Testing upon completion of and accepting the representation part by part and, together with the investor, testing upon completion of and accepting the entire fine art volume when the project is completed. - Commenting on and supervising, the art quality in the process of representation, proposing commen-dation and handling of matters related to fine arts. Article 10.- Working mode of the grandiose fresco-statue monument Art Councils a/ The grandiose fresco-statue monument Art Councils work on the principle of equality and democracy among their members. The Councils� decisions shall be voted through secret ballots or point scoring, and a decision shall be valid only if it is voted for by over 50% of the Council members (calculated according to the number of votes or the highest point downward). - The Council members must fully comply with the competition rules, norms and mode, make scoring and selection, and take responsibility for the conclusions of the Council. - In working sessions, if 1/3 or more of the Art Council�s members are absent, the decisions must be approved at the next sessions or wait for the directing opinions of the Ministry of Culture and Information. b/ The authors and units involved in sketch creation and works representation must not join the Art Councils. c/ The Art Councils shall conduct the art inspection with the following contents: - Conducting field study and survey; - Inquiring into and gathering materials; - Marking and selecting steps of sketching; - Making comments to authors, raising the art quality of the projects; - Testing upon completion of steps. - The Art Councils� expenses for the above-said work shall comply with the evaluated cost estimate of the Ministry of Culture and Information and approved by competent authorities, but the maximum expense shall not exceed the following prescribed levels: Ordinal number 1 2 3 4 5 Approved pre-tax fine art cost estimate <2 billion VND >2 to 5 billion VND >5 to 7 billion VND >7 to 10 billion VND 10 billion VND Prescribed expense level 2% - 2.5% 1.5% - 2% 1% - 1.5% 0.8% - 1% 0.3% - 0.7% If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the expense shall be calculated according to the level of 10 billion dong (column 5) and plus 5 million dong for every additional billion of the approved fine art cost estimate. When a project is completed, the Art Council shall also fulfill its tasks and dissolve. Depending

Decision 05/2000/QD-BVHTT