Circular No. 01/2018/TT-BVHTTDL detailing the implementation of certain provisions of Government Decree No. 113/2013/NĐ-CP dated October 2, 2013 on fine arts activities

CIRCULAR

Detailed regulations on implementation of certain provisions of Decree No. 113/2013/NĐ-CP

dated October 2, 2013 of the Government on fine arts activities

Pursuant to Decree No.113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities;

At the proposal of the Director of the Fine Arts, Photography and Exhibition Department;

The Minister of Culture, Sports and Tourism issues this Circular detailing the implementation of certain provisions of Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities.

Article 1. Scope of Regulation

This Circular details the implementation of certain provisions of Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities.

Article 2. Interpretation of Terms

Some terms in this Circular are understood as follows:

1. Other contemporary art forms include: installation art; video art; body art; performance art and other art forms consistent with Vietnamese customs and traditions.

2. Fine art works include: Painting, Graphics, Sculpture, contemporary art forms, religious-themed fine art works, fine art works placed within the premises of organizations or individuals that directly affect the surrounding environment.

3. Relief sculpture is a form of sculpture expressed on a two-dimensional surface through raised, shallow, deep, or pierced carving.

4. Monument, symbolic mass is a sculptural work with high symbolic value.

5. National-level fine arts creation competition and exhibition is a competition or exhibition organized or co-organized by central ministries, agencies, sectors, or mass organizations.

6. Regional-level fine arts creation competition and exhibition is a competition or exhibition organized or co-organized by central ministries, agencies, sectors, or mass organizations, or provincial People's Committees, with participation from at least two provinces or cities.

7. Provincial-level fine arts creation competition and exhibition is a competition or exhibition organized by subordinate agencies or organizations under provincial People's Committees.

8. Copy of a fine art work is a complete reproduction of a fine art work, larger or smaller than the original, marked with "copy" and containing information on the back of the work: author's name, work title, material, year of original creation, copier's name, date of copying.

Article 3. State policy on fine arts development

The Ministry of Culture, Sports and Tourism and provincial People's Committees shall implement state policies on fine arts development.

Article 4. Subjects organizing fine arts creation competitions

The subjects organizing fine arts creation competitions as stipulated in Clause 1, Article 9 of Decree No. 113/2013/NĐ-CP include:

1. Ministries (Ministries equivalent to Ministries, government agencies), Sectors, Central Mass Organizations;

2. Provincial People's Committees and subordinate agencies, units with functions in the cultural and artistic field;

3. Literary and Art Associations;

4. Cultural Houses; Cultural and Sports Centers;

5. Enterprises with functions in the fine arts and cultural and artistic fields;

6. Cultural and Artistic Training Institutions;

7. Vietnamese organizations and individuals with functions in the fine arts and cultural and artistic fields as prescribed by law.

Article 5. Coordination in organizing art creation contests

Organizations and individuals without functions to operate in the field of fine arts and cultural arts must coordinate with units specified in Article 4 of this Circular when organizing art creation contests.

Article 6. Notification of Organizing Art Creation Contests

1. The notification in writing regarding the organization of art creation contests as stipulated in Clause 1, Article 11 of Decree No. 113/2013/ND-CP shall be implemented as follows:

a) Vietnamese organizations and individuals wishing to organize national or regional-scale art creation contests must submit a written notification and notification dossier as prescribed in Clause 2, Article 11 of Decree No. 113/2013/ND-CP to the Ministry of Culture, Sports and Tourism (Fine Arts, Photography and Exhibition Department).

b) Organizations and individuals wishing to organize provincial-scale art creation contests must submit a written notification and notification dossier as prescribed in Clause 2, Article 11 of Decree No. 113/2013/ND-CP to the Provincial Department of Culture, Sports and Tourism or the Provincial Department of Culture and Sports.

2. The content of the notification must clearly state: the name, theme of the contest, location, and time of the art creation contest.

In cases where coordination with foreign organizations or international organizations is involved, the notification document must clearly state the name, address, and phone number of the foreign organizations or international organizations coordinating the contest.

3. The project for organizing and rules of the contest as stipulated in Point a, Clause 2, Article 11 of Decree No. 113/2013/ND-CP shall include the following main contents:

a) Project for organizing the contest:

- Name or theme of the contest;

- Purpose and significance of the contest;

- Prize structure and value (if applicable);

- Responsibilities and benefits of the organizing organizations or individuals and contestants;

- Composition of the Steering Committee (if any), Organizing Committee, Art Council or Judging Panel;

- Source of funds for organizing the contest;

- Sample registration form for participation in the contest.

b) The rules of the contest must clearly specify the participants, conditions, criteria, content, procedures, time, and location of the contest.

Article 7. Responsibility for Reporting Contest Results

The responsibility for reporting the results of art creation contests as stipulated in Clause 2, Article 12 of Decree No. 113/2013/ND-CP shall be implemented as follows:

1. Within thirty days from the end date of the art creation contest, the organizing organizations or individuals must submit a written report on the contest results to the Ministry of Culture, Sports and Tourism (Fine Arts, Photography and Exhibition Department) for national or regional-scale contests or contests involving coordination with foreign organizations or international organizations; to the Provincial Department of Culture, Sports and Tourism or the Provincial Department of Culture and Sports for provincial-scale contests.

2. The report on the contest results must clearly state the participating organizations and individuals; the number of participants; the number of entries and award results (if applicable).

Article 8. Organization of Sculpture Sketch and Grand Painting Contests

1. The investor of monument or grand painting projects who organizes a sketch contest has the responsibility:

a) To develop a project for organizing the contest and rules of the contest to be submitted to the competent authority for investment approval. The content of the project and rules of the contest shall comply with the provisions of Clause 3, Article 6 of this Circular.

b) The contest project must clearly define the tasks, rights, responsibilities of the authors participating in the contest, and the investment funding for the first and second stages of creation.

c) The rules of the contest or selection must clearly state:

+ Overall spatial planning, proposed scale, materials;

+ Theme and content;

+ Artistic form: (monument, relief, grand painting, monument and relief, platform and symbolic block);

+ Specific requirements for the first and second stage sketch submissions: Number of sketches submitted by each author or group of authors; size, material, perspective drawing.

2. Propose members of the Art Council to be decided by the competent authority for investment to establish the Art Council according to the provisions of Article 23 of Decree No. 113/2013/ND-CP.

3. Implement the procedure for notifying the organization of the sculpture sketch and grand painting contest as stipulated in Article 11 of Decree No. 113/2013/ND-CP.

4. Organize the sculpture sketch and grand painting contest strictly according to the approved project.

5. Organize the collection and preservation of submitted sketches.

6. Organize the Art Council to select sketches.

7. Organize public displays, seminars, exhibitions (if deemed necessary).

Article 9. Licensing Authority

1. The Ministry of Culture, Sports and Tourism delegates the Fine Arts, Photography and Exhibition Department to issue exhibition licenses for national, regional, and international fine art exhibitions organized by central ministries, agencies, and departments.

4. The Provincial Department of Culture, Sports and Tourism or the Provincial Department of Culture and Sports issue permits for reproducing fine art works for local units.

Article 10. Preparation and Review of the Art Budget

The preparation and review of the art budget shall be carried out in accordance with the provisions of Article 26 of Decree No. 113/2013/NĐ-CP and the following regulations:

1. The art budget for memorial statues and grand paintings shall be prepared according to the industry standards for the arts sector issued by the Ministry of Culture, Sports and Tourism and other relevant regulations and guidelines.

2. Review of the art budget for memorial statues and grand paintings:

a) Basis for preparation and review of the budget:

- According to the approved sketch layout;

- According to the scale and material of the memorial statue and grand painting;

- According to the industry standards for the arts sector and other relevant regulations.

b) Preparation and review of the budget:

- The consultant organization or the author authorized by the investor to prepare the budget;

- The investor organizes the review of the budget and submits it to the competent authority for approval; if the investor lacks the capacity to organize the budget review, they have the right to hire a consulting organization with the function of price review to conduct the review. The cost of the review shall be implemented in accordance with the laws on investment construction;

- The investor or organizations with the function of price review shall establish a Review Board to review the budget. The Review Board must include one-third of its members as sculptors and painters with experience in constructing memorial statues and grand paintings, and two-thirds of its members as financial, economic, and construction experts holding professional certification in valuation.

- Documents for the budget review include:

+ The art budget with the confirmation of the investor;

+ Four photographs of the approved second-stage sketch model at a size of 18x24 cm showing four directions (front, right side, left side, back);

+ Copies of relevant documents related to the investment construction project of memorial statues and grand paintings.

- Content of the budget review:

Reviewing labor costs, material costs, machinery and equipment costs, and other costs according to the industry standards for the arts sector issued by the Ministry of Culture, Sports and Tourism; transportation, unloading, installation, and other costs according to current regulations on investment construction;

For costs without established standards, market prices at the time of review shall be applied;

- The review period shall not exceed twenty (20) days from the date the investor or the consulting organization receives all necessary documents as stipulated in Clause 2 of this Article;

- Organizations and individuals reviewing the art budget shall bear responsibility before the investor and the law for the results of their review.

Article 11. Construction and Acceptance, Handover of Memorial Statues and Grand Paintings

1. The construction of memorial statues and grand paintings as prescribed in Clause 1, Article 30 of Decree No. 113/2013/NĐ-CP shall be implemented as follows:

a) The construction unit bases on the approved sketch to proceed with the creation of a 1:1 scale model;

b) The 1:1 scale model must ensure the load-bearing frame and basic shaping of the sketch;

c) The 1:1 scale model must be inspected by the Art Council before proceeding with subsequent steps;

d) The workpiece before installation at the construction site must accurately reflect the 1:1 scale model and must be inspected by the Art Council.

2. The acceptance of memorial statues and grand paintings as prescribed in Clause 2, Article 30 of Decree No. 113/2013/NĐ-CP shall be implemented as follows:

a) Participants in the acceptance of the art component:

The competent authority deciding on investment or the investor issues a decision to establish an Acceptance Committee. The participants in the Acceptance Committee include:

- Representatives of the competent authority deciding on investment or representatives of the investor;

- The construction supervision unit;

- The design consultancy unit;

- The construction unit;

- The Art Council;

- The author or group of authors.

b) Bases for acceptance:

- The proposal or Project and related documents approved by the competent authority;

- Minutes of the Art Council's inspection of the artistic construction steps.

c) Acceptance process:

- The Acceptance Committee evaluates the quality of the artistic components;

- The Acceptance Committee convenes to discuss and vote by secret ballot, with two-thirds or more votes in agreement being required for acceptance and handover for use of the artistic component. The acceptance conclusion must be recorded in a minutes document signed by the participants in the acceptance meeting.

d) Criteria for evaluating artistic quality:

- Class A: Artistic components highly rated by the Acceptance Committee;

- Class B: Artistic components rated as average quality by the Acceptance Committee;

- Class C: Not meeting artistic quality standards, not accepted.

3. The investor shall submit a report on the results to the Ministry of Culture, Sports and Tourism (Department of Fine Arts, Photography and Exhibitions) and the Department of Culture, Sports and Tourism or the Department of Culture and Sports as specified in Article 9 of this Circular.

Article 12. Warranty, preservation, and management of monument works, grand paintings, and outdoor sculpture camp artworks

1. The warranty period for monument works and grand paintings as stipulated in Point b Clause 1 Article 31 Decree No. 113/2013/ND-CP is twelve months.

The contractor responsible for the artistic construction work shall deposit the warranty money into the account of the project owner at a rate of five percent of the value of the artistic construction contract and shall be refunded the warranty money for the work after the warranty period has ended and upon confirmation by the project owner that the warranty work has been completed.

2. The preservation and regular maintenance period for monument works, grand paintings, and outdoor sculpture camp artworks as stipulated in Clause 2 Article 31 and Clause 2 Article 39 Decree No. 113/2013/ND-CP is six months for artworks made of bronze or other metals, and one year for artworks made of stone, concrete, and other materials.

Organizations or individuals owning or entrusted with the management of monument works, grand paintings, and outdoor sculpture camp artworks shall be responsible for organizing the protection, exploitation, and enhancement of the usage value, ideological significance, and artistic value of these works.

Article 13. Effectiveness and Responsibility for Implementation

This Circular takes effect from March 1, 2018, and replaces Circular No. 18/TT-BVHTTDL dated December 30, 2013, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of Decree No. 113/2013/ND-CP dated October 2, 2013, of the Government on artistic activities.

2. The Department of Fine Arts, Photography, and Exhibitions shall be responsible for implementing this Circular and coordinating inspections and checks on its implementation.

3. Departments of Culture, Sports, and Tourism; Departments of Culture and Sports of provinces and centrally-administered cities shall be responsible for implementing this Circular.

4. In the course of implementation, if any difficulties arise, organizations and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation.