Decree No. 01/2023/ND-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism.

DECREE

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies, and Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;Decree-CP dated August 28, 2020 of the Government amending and supplementing certain Articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree stipulating the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourisma, Sports and Tourism.

Article 1. Position and Functions

The Ministry of Culture, Sports and Tourism is an agency of the Government, performing the function of state management over culture, family affairs, physical training and sports, and tourism throughout the country; managing state services in sectors and fields under the Ministry's state management.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Culture, Sports and Tourism performs its tasks and powers as prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program of the Ministry approved and other resolutions, projects, programs assigned by the Government, Prime Minister.

2. Submitting to the Government, Prime Minister strategies, plans, long-term, medium-term, and annual development programs, and important national programs, projects, and works in sectors and fields under the Ministry's state management.

3. Submitting to the Prime Minister draft decisions, directives, and other documents concerning sectors and fields under the Ministry's state management.

4. Issuing circulars, decisions, directives, and other documents on state management in sectors and fields under the Ministry's state management.

Establishing national standards; issuing national technical regulations, procedures, norms, economic and technical quotas in sectors and fields under the Ministry's state management.

5. Directing, guiding, inspecting, organizing the implementation of normative legal documents, strategies, plans, important national programs, projects, and works already issued or approved; disseminating, popularizing, educating the law and monitoring the enforcement of the law in fields under the Ministry's state management.

6. Regarding cultural heritage:

a) Submitting to the competent authority for approval the establishment of national museums and specialized museums under the Ministry of Culture, Sports and Tourism;

b) Submitting to the Prime Minister the ranking and adjustment of protection zones for special national relics; proposing to the United Nations Educational, Scientific and Cultural Organization (UNESCO) to recognize outstanding historical and cultural relics and scenic spots of Vietnam as World Cultural and Natural Heritage Sites, listing outstanding intangible cultural heritage of Vietnam in UNESCO's lists of intangible cultural heritage; recognizing national treasures and allowing the export of national treasures for exhibition, research, or preservation abroad and handling plans for assets that are cultural heritage according to the law;

c) Guiding and organizing the implementation of conservation, restoration, and recovery planning and archaeological planning after approval;

d) Reviewing and submitting to the Prime Minister for approval the mission of planning and planning, adjusting conservation, restoration, and recovery planning for world cultural and natural heritage sites and special national relics;

đ) Reviewing the mission of planning and planning for national relics; reviewing projects for the restoration of relics, economic and technical reports on relic restoration for world cultural and natural heritage sites and special national relics; reviewing projects for the renovation and construction of works outside the relic protection zones that may adversely affect relics for national relics and special national relics; reviewing management plans for world cultural and natural heritage sites distributed across provincial and centrally-administered municipal areas; approving management plans for world cultural and natural heritage sites distributed across two or more provincial and centrally-administered municipal areas; approving protection regulations for world cultural and natural heritage sites distributed across two or more provincial and centrally-administered municipal areas;

e) Ranking national relics, first-class museums, adjusting protection zones for national relics; registering national intangible cultural heritage; transferring antiquities, ancient objects, and national treasures to public museums according to the law; confirming conditions for establishing national museums and specialized museums; agreeing on the ranking of second and third-class museums according to the law;

g) Approving archaeological exploration and excavation permits; permits to export antiquities and ancient objects for exhibition, research, or preservation abroad; permits for overseas Vietnamese citizens, foreign organizations, and individuals to study and collect intangible cultural heritage in Vietnam according to the law;

h) Guiding registration procedures for antiquities and ancient objects and activities of antique appraisal institutions;

i) Implementing state management tasks related to documentary heritage;

k) Building mechanisms and policies to mobilize, manage, and utilize resources to protect and promote the value of cultural heritage;

Guide and inspect activities related to the protection and promotion of the value of cultural heritage.

7. Regarding performing arts:

a) Guiding, organizing the implementation, and inspecting the implementation of legal provisions on performance art activities according to the Ministry's state management authority;

b) Specifying the organization of examinations and festivals of various types of professional arts;

c) Approving, suspending the organization of artistic performances, contests, and festivals of various types of performance art; canceling the results of contests and festivals of various types of performance art within the Ministry's jurisdiction according to the law;

d) Accept and review audio and video recordings containing artistic performances for commercial purposes of organizations under central agencies as provided by law;

đ) Guide the collection, preservation, and organization of introducing and promoting national traditional performing arts values and the finest world performing arts;

8. Regarding cinema:

a) Guide and organize the implementation of the film industry development strategy after approval;

b) Organize national and international film festivals in Vietnam; approve the organization of specialized, thematic film festivals, film days, and film weeks of foreign films in Vietnam and Vietnamese film days and weeks abroad;

c) Manage the screening and archiving of films and moving images produced domestically; screen foreign films that are distributed and released in Vietnam;

d) Issue and revoke permits in the field of cinema within the scope of the Ministry's authority as provided by law;

9. Regarding fine arts, photography, and exhibitions:

a) Implement state management over national cultural symbols according to the provisions of the law.

b) Guide and organize the implementation of laws on managing visual arts, photography, and exhibitions within the scope of the Ministry's state management authority;

c) Manage nationwide or regional visual arts creation competitions; accept notification documents regarding artistic creation campaigns, creative camps, photography competitions, and exhibitions in Vietnam organized by central ministries, sectors, mass organizations, and foreign organizations; accept notification documents regarding the submission of photographic works from Vietnam to international competitions and exhibitions representing Vietnam;

d) Guide and directly organize visual arts and photography exhibitions;

đ) Guide the organization of activities related to the authentication of visual arts and photography works;

e) Issue and revoke permits in the fields of visual arts, photography, and exhibitions within the scope of the Ministry's authority as provided by law;

10. Regarding copyright and related rights:

a) Develop, promulgate, direct, guide, and organize the implementation of laws, mechanisms, and policies to protect copyright and related rights;

b) Implement measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of copyright and related rights;

c) Guide the provision, cooperation, commissioning, and ensuring copyright for works and related rights for performances, sound recordings, and broadcasts;

d) Manage and exploit copyright for works and related rights for performances, sound recordings, and broadcasts where the State is the representative owner or manages according to the provisions of the law;

đ) Manage the issuance, reissuance, replacement, and cancellation of the validity of Copyright Registration Certificates and Related Rights Registration Certificates;

e) Manage the activities of copyright and related rights authentication; the operations of collective management organizations for copyright and related rights, advisory services, and copyright-related services according to the provisions of the law;

g) Approve the translation of works from foreign languages into Vietnamese and the reproduction of works for teaching and research purposes not for commercial purposes as stipulated in the Berne Convention's Appendix on the protection of literary and artistic works;

11. Regarding libraries:

a) Direct the implementation of library interconnectivity; direct and guide the organization of professional library activities and the promotion of reading culture; guide the implementation of library activity evaluations according to national standards and legal regulations;

b) Guide the establishment and operation conditions of libraries as provided by law; accept and respond to notification file submissions regarding the establishment, merger, consolidation, division, dissolution, and cessation of operations of central specialized libraries and provincial public libraries under the central government; respond to the determination of public libraries with significant roles prioritized for investment by the State according to legal regulations;

c) Develop mechanisms and policies to mobilize, manage, and utilize resources for the development of the library profession and reading culture according to the provisions of the law.

12. Regarding advertising:

a) Implement state management over advertising according to the provisions of the law.

b) Guide the development of outdoor advertising planning at local levels.

c) Organize the evaluation of advertising products as provided by law;

13. Regarding grassroots culture and propaganda:

a) Guide and organize the implementation of regulations on founding days, traditional days, response days, memorial ceremonies, and other rituals within the scope of the Ministry's state management or as assigned by the Government;

b) Guide and organize the implementation of overall planning for the development of grassroots cultural and sports facilities as approved by law;

c) Direct, guide, and organize the implementation of propaganda and mobilization content (excluding broadcasting and public address activities; public bulletin boards) about the Party's guidelines, State policies, and laws through cultural, artistic, and visual propaganda activities, mobile propaganda according to legal regulations;

d) Guide the use of the National Flag, Emblem, National Anthem, and portraits of President Ho Chi Minh according to legal regulations;

đ) Specify the organization of folk art festivals, contests, and performances, mobile propaganda (excluding broadcasting and public address activities); manage cultural activities and the operation of public cultural service and entertainment businesses;

e) Manage state affairs concerning festivals; guide the implementation of civilized wedding and funeral practices, lifestyle building; implement the "All People United to Build a Cultural Life" movement; implement preventive measures against superstition, outdated customs, obscene cultural products contrary to social norms, harmful to health, and damaging to the ecological environment;

g) Monitor and inspect local firework displays; compile situations, report, and propose to the Prime Minister to instruct relevant ministries, sectors, and localities on organizing fireworks displays according to the law; take the lead and coordinate with the Ministry of Defense, the Ministry of Public Security, and municipal people's committees to organize international fireworks festivals in Vietnam after obtaining permission from the Prime Minister; report and propose to the Prime Minister to consider and decide on changes to the firing range and duration of fireworks displays according to legal provisions.

14. Implement state management over the formulation, implementation of village covenants, and community agreements in accordance with the law;

15. Regarding ethnic culture:

a) Develop, guide, and implement policies, programs, projects, and plans to preserve and promote the cultural values of ethnic minorities in Vietnam;

b) Guide and organize the implementation of cultural, sports, and tourism festivals for ethnic groups by region and nationwide; guide cultural and artistic activities serving remote, border, island, and ethnic minority areas; promote and publicize the traditional culture of ethnic minorities in Vietnam.

16. Regarding literature:

a) Develop and guide the implementation of mechanisms and policies for literary activities;

b) Guide the implementation and inspect literary activities;

c) Organize literary and artistic creation camps;

d) Guide and organize national-level literary contests;

17. Regarding family affairs:

a) Guide and organize the implementation of the strategy for family development in Vietnam;

b) Guide the implementation of legal provisions on family work and prevention and control of domestic violence;

c) Promote and educate about ethics, lifestyle, behavior within the family, and the value of the Vietnamese family in the new era;

d) Build and develop the system of values of the Vietnamese family in the new era; establish standards for civilized families;

đ) Build a database on families and prevention and control of domestic violence; build and guide the replication of models of happy and sustainably developing families;

e) Guide and organize commemorative events for family days according to legal regulations;

18. Regarding physical exercise and sports for all:

a) Submit to the Prime Minister for decision-making on organizing regional, continental, and world sports events for persons with disabilities held in Vietnam;

b) Guide and organize the implementation of strategies and national programs for physical education and sports after approval;

c) Specify criteria for evaluating mass physical education and sports movements;

d) Organize and guide the establishment of a team of physical education and sports instructors and volunteers; promote and guide methods of physical exercise and sports training; provide professional training for grassroots physical education and sports volunteers;

đ) Organize surveys of the physical condition of the people; guide and apply and develop traditional folk sports and health improvement methods both domestically and internationally;

e) Decide on the organization of competitions for disabled athletes at regional, continental, and world levels held in Vietnam; national mass sports competitions;

g) Coordinate with the Ministry of Education and Training, the Ministry of National Defense, and the Ministry of Public Security to guide and organize the implementation of physical education and sports activities in schools and among the armed forces;

h) Guide the registration of activities of sports clubs, mass physical education and sports facilities, and fan clubs;

19. Regarding high-performance sports and professional sports:

a) Submit to the Prime Minister for decision-making on organizing regional, continental, and world sports events held in Vietnam; National Sports Congresses;

b) Guide and organize the implementation of strategies for high-performance and professional sports after approval;

c) Guide and organize the implementation of regulations on the system and policies for athletes, coaches, and referees;

d) Decide on the organization of championships and junior championships for each sport at regional, continental, and world levels held in Vietnam; organize national championships and junior national championships annually for each sport upon proposal from national sports federations; specify management of international sports activities held in Vietnam; approve the charter of the National Sports Congress;

đ) Issue standards and guidelines for grading athletes, coaches, and referees; recognize international sports organizations' grading of Vietnamese athletes, coaches, and referees according to legal regulations;

e) Specify management of athlete transfers and selection into national sports teams; specify procedures and formalities for establishing national sports teams for each sport;

g) Guide the development of training and coaching programs for athletes, coaches, and referees; specify professional training programs for employees of businesses operating sports activities;

h) Guide the registration of activities of professional sports facilities;

20. Regarding tourism resources and planning the tourism system:

a) Guide and organize surveys, evaluations, and classifications of tourism resources; build databases on tourism resources;

b) Guide and implement the planning of the tourism system.

21. Regarding tourist areas and tourist spots:

a) Decide on recognizing national tourist areas; submit to the Prime Minister for recognition of national tourist areas located across two or more provincial administrative units;

b) Guide and inspect the recognition of tourist spots and tourist areas;

c) Guide the management of national tourist areas;

d) Coordinate and link cross-border, inter-regional, and inter-provincial tourism activities.

22. Regarding tourism business, tourism guidance, and tourism promotion:

a) Manage and organize the issuance, revocation of tour guide licenses and other certification documents related to tourism activities;

b) Guide the implementation of legal provisions on travel agency services, tour guides, tourist accommodation, and other tourism services;

c) Guide conditions, procedures, and documentation for issuing, renewing, replacing, and revoking travel agency licenses;

d) Guide standards, procedures, and documentation for registering and recognizing tourism accommodation facility ratings and revoking rating decisions;

đ) Implement the assessment, recognition of tourism accommodation facility ratings, and quality inspections according to legal regulations;

e) Guide standards, signage templates, documentation, procedures, and formalities for recognizing tourism service business facilities meeting customer service standards;

g) Specify requirements for travel agency managers; content of training, upgrading, examination, and issuance of tour operation certificates; content of training, upgrading, examination, and issuance of tour guide certificates; on-site inspection content for tour guide proficiency; language fluency standards;

h) Develop and implement national tourism promotion strategies, plans, and programs domestically and internationally; coordinate cross-regional and local tourism promotion activities;

i) Review applications for establishing representative offices in Vietnam by foreign tourism agencies, international and regional organizations;

k) Establish a database for tourism management;

23. On international cooperation:

a) Present to competent authorities for signing, approving, ratifying, and acceding to international treaties on culture, family, physical education, sports, and tourism; participate in international organizations as assigned by the Government;

b) Organize negotiations on international treaties under the authority of the competent state agency; implement international treaties according to the Prime Minister's directives; sign and implement international agreements on behalf of the Ministry according to legal regulations;

c) Sign, organize implementation, and inspect the implementation of international project funding programs; decide on organizing and permitting international conferences, seminars on culture, family, physical education, sports, and tourism within the Ministry's jurisdiction according to legal regulations;

d) Submit to competent authorities for establishing Vietnamese Cultural Centers abroad and permit the establishment of foreign cultural institutions in Vietnam;

đ) Manage the activities of Vietnamese Cultural Centers abroad and foreign cultural establishments in Vietnam in accordance with the law;

e) Organize events, trade fairs, seminars, exhibitions, and foreign affairs programs on culture, family, sports, and tourism at national and international levels to introduce and promote the image of the country, people, and arts of Vietnam;

24. On training, upgrading, and human resource development:

a) Direct, inspect, and evaluate, within their authority, the implementation of legal provisions in training, development, and human resource management in culture, family, sports, physical education, and tourism;

b) Develop and promulgate, within their authority, or submit to competent authorities for promulgation legal regulations, strategies, plans, programs, and special mechanisms and policies for talent development, utilization, and incentives in artistic, sports, and other specialized fields, including special allowances for instructors, teachers, coaches, students, and trainees in cultural arts, sports, and tourism training institutions, and guide, inspect, and organize their implementation;

25. Guide the implementation of the strategy for developing cultural industries after approval; directly organize the implementation of the strategy and programs for developing cultural industries in sectors under the Ministry's administrative management as provided by law;

26. Administer state services in the fields of culture, family, sports, physical education, and tourism according to the law;

27. Perform tasks and exercise powers over associations and non-governmental organizations operating in sectors under the Ministry's administrative management as provided by law;

28. Approve export and import of goods in sectors under the Ministry's administrative management as provided by law;

29. Approve and organize the implementation of investment projects in the fields of culture, family, sports, physical education, and tourism within the Ministry's authority as provided by law;

30. Direct and organize scientific research, application of advanced science and technology, digital transformation, and environmental protection and climate change response in the fields of culture, family, sports, physical education, and tourism as provided by law;

31. Exercise rights and responsibilities as the representative of state-owned capital in state-owned enterprises, enterprises with state capital, and state financial funds outside the budget managed by the Ministry as provided by law;

32. Manage business activities and services with conditions in the fields of culture, family, sports, physical education, and tourism within the Ministry's authority as provided by law;

33. Conduct inspections and audits; receive citizens; resolve complaints and denunciations; prevent corruption and wastefulness; and handle violations as provided by law;

34. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content approved by the Government and the Prime Minister; propose or decide, within their authority, on the delegation of administrative management powers over sectors under the Ministry's administrative management;

35. Organize and guide the implementation of commendation and reward work in cultural, family, sports, physical education, and tourism activities;

36. Manage organizational structure, job positions, civil servant structure by rank, career-based staff structure, civil servant quotas, and the number of employees in public service units as provided by law; manage cadres, civil servants, career-based staff, and workers under the Ministry's administration; implement salary systems and incentive, reward, and disciplinary policies for cadres, civil servants, career-based staff, and workers under the Ministry's management as provided by law;

37. Manage finances and assets assigned and organize the implementation of allocated budgets as provided by law;

38. Perform other tasks assigned by the Government and the Prime Minister and as provided by law;

Article 3. Organizational Structure

1. Department of Cadre Organization.

2. Department of Planning and Finance.

3. Department of Legal Affairs.

4. Department of Training;

5. Department of Science, Technology, and Environment;

6. Department of Libraries;

7. Department of Ethnic Culture;

8. Department of Family Affairs;

9. Office of the Ministry;

10. Inspectorate of the Ministry;

11. Heritage Department;

12. Performing Arts Department;

13. Film Department;

14. Copyright Department;

15. Grassroots Cultural Department;

16. International Cooperation Department;

17. Fine Arts, Photography, and Exhibition Department;

18. Sports Department;

19. National Tourism Administration of Vietnam;

20. Management Board of the Village of Culture and Tourism of Ethnic Groups in Vietnam;

21. National Institute of Culture and Arts Studies of Vietnam;

22. Cultural Newspaper.

23. Journal of Culture and Arts.

24. Information Technology Center;

25. School of Cultural, Sports and Tourism Management Cadres.

The organizations from Clause 1 to Clause 20 of this Article are administrative agencies assisting the Minister in performing state management functions; the organizations from Clause 21 to Clause 25 of this Article are public service units serving the state management functions of the Ministry;

The National Tourism Administration of Vietnam and the Sports Department shall have seals bearing the State Emblem;

The Minister of Culture, Sports, and Tourism shall submit to the Prime Minister for issuance of decisions specifying the functions, tasks, powers, and organizational structures of the Management Board of the Village of Culture and Tourism of Ethnic Groups in Vietnam and issuing the list of other public service units under the Ministry;

The Minister of Culture, Sports, and Tourism shall specify the functions, tasks, powers, and organizational structures of the agencies and units under the Ministry, except for the unit specified in Clause 20 of this Article;

The Planning and Finance Department has four divisions; the Cadre and Civil Service Organization Department has four divisions;

Article 4. Transitional Provisions

1. The Department of Commendation and Reward continues to perform its functions, tasks, and powers according to current regulations until the Minister of Culture, Sports, and Tourism specifies the functions, tasks, powers, and organizational structure of the Cadre and Civil Service Organization Department;

2. The General Department of Tourism and the General Department of Sports continue to perform their functions, tasks, and powers according to current regulations until the Minister of Culture, Sports, and Tourism specifies the functions, tasks, powers, and organizational structure of the National Tourism Administration of Vietnam and the Sports Department;

3. Public service units under the General Department of Tourism and the General Department of Sports continue to perform their functions, tasks, and powers according to current regulations until the Minister of Culture, Sports, and Tourism reorganizes them into public service units under the National Tourism Administration of Vietnam and the Sports Department.

Article 5. Effective Date

1. This Decree takes effect from February 20, 2023.

2. This Decree replaces Government Decree No. 79/2017/NĐ-CP dated July 17, 2017, which stipulates the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 6. Responsibility for Implementation

The Minister of Culture, Sports and Tourism, ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.