JOINT CIRCULAR
Guidelines for the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state administration in physical education and sports at the local level.
The People's Committee manages state administration in the field of culture and information at the local level.
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Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;
Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure standards of the Ministry of Home Affairs;
Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the provincial People's Committees and the municipal People's Committees directly under the Central Government, and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the district People's Committees, town People's Committees, and city People's Committees directly under provinces;
The Joint Ministries of Culture - Information and Home Affairs guide the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee in performing state management functions in the field of culture and information at the local level as follows:
I. SPECIALIZED AGENCY ASSISTING THE PROVINCIAL AND MUNICIPAL PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT TO MANAGE STATE ADMINISTRATION IN THE FIELD OF CULTURE AND INFORMATION
1. Position and Functions
1.1. The Department of Culture - Information or the Department of Culture - Information and Sports is a specialized agency under the provincial or municipal People's Committee directly under the Central Government (hereinafter referred to as the provincial-level People's Committee) providing advice and assistance to the provincial-level People's Committee in implementing state management functions within the province regarding cultural heritage, performing arts, cinema, fine arts, photography, exhibitions, press, publishing, copyright for literary and artistic works, libraries, advertising, mass culture, propaganda information, radio, television; public services under the culture and information sector; performing certain tasks and powers according to the delegation of the provincial-level People's Committee and as prescribed by law.
1.2. The Department of Culture - Information is subject to the direction and management of the provincial-level People's Committee regarding organization, staffing, and operations, while also being subject to professional guidance, supervision, and inspection by the Ministry of Culture - Information.
1.3. The Department of Culture - Information and Sports is subject to the direction and management of the provincial-level People's Committee regarding organization, staffing, and operations, while also being subject to professional guidance, supervision, and inspection on cultural and information matters by the Ministry of Culture - Information and on physical education and sports by the State Sports Committee.
2. Tasks and Powers in the Field of Culture and Information
2.1. Submit to the provincial-level People's Committee for issuance of decisions and directives on managing the culture and information sector within the scope of local management and decentralization from the Ministry of Culture - Information; bear responsibility for the content of submitted documents;
2.2. Submit to the provincial-level People's Committee for approval of long-term plans, five-year plans, and annual plans, programs, and projects under the department's management that are consistent with the overall socio-economic development plan of the locality and the industry development plan of the Ministry of Culture - Information; local society, industry development plan of the Ministry of Culture - Information;
2.3. Submit to the provincial-level People's Committee for decision-making on the division of responsibilities, decentralization, or delegation of management authority in the field of culture and information to the district-level People's Committees and specialized agencies under the provincial-level People's Committee in accordance with the law;
2.4. Organize, direct, guide, and inspect the implementation of regulatory legal documents, plans, programs for cultural and information development that have been approved; promote, disseminate, and educate about laws and information on culture and information;
2.5. Regarding Cultural Heritage
2.5.1. Submit to the provincial-level People's Committee for regulations and solutions to mobilize, manage, and utilize resources to protect and enhance the value of cultural heritage in the locality; be responsible for organizing implementation after approval;
2.5.2. Submit to the Chairman of the provincial-level People's Committee
- Decision on establishing provincial museums, management boards; recognition of private museums; ranking and de-ranking museums and relics according to authority;
- Approval of preservation, restoration, and recovery projects for provincial relics;
- Approval of preservation, restoration, and recovery projects for national relics and special national relics according to the law, after receiving a review document from the Minister of Culture - Information;
2.5.3. Organize surveys, discoveries, statistics, classification, and file creation for intangible cultural heritage within the province;
2.5.4. Guide procedures and issue permits for research and collection of intangible cultural heritage within the province for foreign organizations and individuals and overseas Vietnamese;
2.5.5. Be responsible before the Chairman of the provincial-level People's Committee for organizing the implementation of inventory, classification, and file creation for historical, cultural, and scenic spots within the province;
2.5.6. Be responsible for reviewing projects for renovation and construction of facilities outside the protected areas of provincial relics that may affect the landscape and environment of the relics;
2.5.7. Be responsible for organizing and directing the collection and preservation of artifacts, antiques, and national treasures in the locality according to the law;
2.5.8. Register and organize the management of artifacts, antiques, and national treasures within the province; issue permits for making copies of artifacts, antiques, and national treasures belonging to provincial museums and private ownership.
2.6. Regarding Performing Arts:
2.6.1. Submit to the provincial-level People's Committee for plans to organize performing arts units within the local management scope in line with the performing arts industry development plan of the Ministry of Culture - Information; implement after approval;
2.6.2. Submit to the Chairman of the provincial-level People's Committee for issuance of regulations on organizing festivals, contests, and performances on performing arts organized locally in line with the Ministry of Culture - Information's regulations; inspect implementation and handle violations within authority;
2.6.3. Issue permits for domestic and international performances, programs, and plays for the following entities:
a. Professional performing arts units, public and non-public organizations with performance functions under the locality;
b. State agencies, economic, political, cultural, and social organizations without performance functions but with the need to organize professional performances for social work and charity purposes in the locality.
c. Foreign economic, political, cultural, and social organizations operating legally within the territory of Vietnam shall have their main offices located in the locality.
2.6.4. Issue certificates to accept programs and performances; advertising permits for artistic performances for performing arts units and professional performance organizing units that have been granted performance licenses by the Performing Arts Administration Department, provincial-level Departments of Culture and Information, to perform in the locality.
2.6.5. Submit to the Chairman of the Provincial People's Committee for permission for local Vietnamese artistic groups and performers to perform abroad and for foreign artistic groups and performers to perform in the locality.
2.6.6. Grant and supervise the production and distribution of audiovisual recordings on music, dance, and stage performances for organizations and individuals in the locality according to regulations of the Ministry of Culture and Information.
2.7. Regarding cinema:
2.7.1. Submit to the Chairman of the Provincial People's Committee for the establishment of conditions for business operations: selling and renting video discs, film distribution, and screening.
2.7.2. Grant permits for the dissemination of films, video discs, and other types of audiovisual materials (excluding feature films) produced and imported by local entities.
2.7.3. Propose to the Provincial People's Committee to suspend the dissemination of films that have already been granted dissemination permits if their content does not align with the actual situation in the locality; simultaneously report to the Ministry of Culture and Information and implement according to the directives of the Ministry of Culture and Information.
2.8. Regarding fine arts and photography:
2.8.1. Submit to the Chairman of the Provincial People's Committee for the decision to establish the Fine Arts Council for statues and large-scale paintings at the provincial level according to the Regulation on the Construction of Statues and Large-Scale Paintings issued by the Ministry of Culture and Information; be responsible as a permanent member of the Council.
2.8.2. Direct and organize provincial and regional scale fine arts and photography activities.
2.8.3. Grant permits and guide the organization of fine arts exhibitions, photography exhibitions, art photography contests, photography festivals, and the reproduction of fine arts works in the locality according to the exhibition activity regulation, photography activity regulation, and fine arts work reproduction regulation issued by the Ministry of Culture and Information.
2.8.4. Review and grant approval for the artistic components of projects for statues and large-scale paintings according to the delegation from the Chairman of the Provincial People's Committee.
2.9. Regarding press:
2.9.1. Implement state management over press activities in the province including print, radio, television, and online newspapers according to the division of labor and delegation from the Provincial People's Committee in accordance with the Press Law and implementing regulations.
2.9.2. Grant permits for press works by individuals and organizations in the locality that are not part of press agencies to publish in newspapers, magazines, or broadcast on overseas radio and television stations.
2.9.3. Organize the inspection of circulating press and manage circulating press in the locality.
2.9.4. Issue and revoke press bulletin operation permits for agencies and organizations in the province.
2.9.5. Issue and revoke permits for using satellite television signal receiving equipment (TVRO) in the province according to authority.
2.9.6. Grant press conference permits for local agencies and organizations.
2.10. Regarding publishing:
2.10.1. Organize reviews and submit to the Chairman of the Provincial People's Committee the application files for establishing publishing houses by state organizations and agencies under the province.
2.10.2. Issue and revoke publication permits for internal circulation materials of local agencies and organizations and import permits for publications not intended for commercial purposes according to the law.
2.10.3. Register and inspect the content of publications by publishing houses and local organizations and agencies; be responsible for organizing reviews when discovering signs of violation of the law in circulating publications.
2.11. Regarding copyright for literary and artistic works:
2.11.1. Be responsible for implementing measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of copyright for literary and artistic works in the province according to the law.
2.11.2. Implement and guide the implementation of legal regulatory documents on literary and artistic copyright and remuneration systems for authors and owners of literary and artistic works.
2.11.3. Review copyrights when there are disputes upon request of competent state authorities.
2.12. Regarding libraries:
2.12.1. Transfer circulating publications in the locality to the provincial library according to regulations.
2.12.2. Guide registration and operation of libraries in the province according to the regulations of the Ministry of Culture and Information.
2.12.3. Direct provincial libraries to develop organizational and operational regulations according to the model of the Ministry of Culture and Information.
2.13. Regarding advertising:
2.13.1. Review applications, submit to the Chairman of the Provincial People's Committee for granting, amending, supplementing, or revoking permits for foreign organizations and individuals to establish representative offices for advertising services in the locality.
2.13.2. Issue and revoke permits for advertising on public boards, signs, billboards, banners, screens, luminous objects, aerial objects, underwater objects, transportation means, and other mobile objects in the province.
2.14. Regarding mass culture, propaganda information, and exhibitions:
2.14.1. Guide the establishment of organizational and operational regulations for cultural and information facilities in the locality according to the model of the Ministry of Culture and Information.
2.14.2. Direct and guide the organization of festivals; promote civilized wedding and funeral practices; build cultural families, villages, communes, agencies, and units in the locality.
2.14.3. Submit to the Chairman of the Provincial People's Committee for the establishment of cooperation regulations with departments and mass organizations to direct and guide the "All-Voluntary Movement for Building a Civilized Lifestyle"; be responsible for the permanent leadership of the "All-Voluntary Movement for Building a Civilized Lifestyle" Steering Committee.
2.14.4. Direct, guide, and organize the implementation of plans for information activities, propaganda, motivational campaigns, and exhibitions serving political, economic, cultural, social tasks, and the planning of visual motivational systems within the province;
2.14.5. Organize contests for creating motivational posters and clusters; provide propaganda materials and motivational posters to serve political, economic, cultural, and social tasks within the province;
2.14.6. Guide and inspect the implementation of regulations on organizing folk art festivals, competitions, and exhibitions at the local level; issue exhibition permits according to the exhibition activity regulations of the Ministry of Culture and Information;
2.15. Organize or coordinate with relevant agencies to implement measures to prevent and stop illegal cultural and information activities;
2.16. Guide and inspect the activities of public service organizations under the management of the Department; direct, guide, and inspect subordinate organizations to implement reforms in management mechanisms as prescribed by law;
2.17. Assist the provincial People's Committee in managing state content activities of associations and non-governmental organizations in the fields of culture and information according to the provisions of law;
2.18. Study and apply scientific and technological advancements; establish information and archival systems for the fields managed by the Department;
2.19. Implement international cooperation in the fields of culture and information according to the provisions of law and the directives of the provincial People's Committee;
2.20. Submit to the provincial People's Committee programs and plans for administrative reform and socialization of cultural and information activities; be responsible for implementing them after approval;
2.21. Provide guidance and inspect professional activities of specialized agencies under the provincial People's Committee in charge of state management of culture and information;
2.22. Inspect, investigate, resolve complaints and denunciations, combat corruption and malpractice, and handle violations of laws related to culture and information according to the provisions of law;
2.23. Organize training and capacity building for cultural and artistic talents and for civil servants and employees engaged in cultural and information activities within the province;
2.24. Aggregate, statistically analyze, and report periodically and urgently on the implementation of assigned tasks to the provincial People's Committee and the Ministry of Culture and Information as required;
2.25. Manage personnel establishment, implement salary systems, and policies and incentives, rewards, and disciplinary actions for staff under the Department according to the provisions of law;
2.26. Manage finances, assets allocated, and implement the budget allocation according to the provisions of law and the delegation of the provincial People's Committee;
2.27. Perform other tasks assigned by the Chairman of the provincial People's Committee;
For provinces establishing Departments of Culture and Information and Sports, in addition to performing tasks and authorities in the field of culture and information as stipulated in this Circular, they also perform tasks and authorities in the field of physical education and sports according to the joint Circular of the State Sports Committee and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in state management of physical education and sports in localities;
3. Organization and staffing.
3.1. Department Leadership
The Department of Culture and Information has a Director and no more than three Deputy Directors;
The Director of the Department is responsible and reports work to the provincial People's Committee, the Ministry of Culture and Information, and the provincial People's Council when requested;
The Director of the Department is responsible before the provincial People's Committee and the law for all activities of the Department and the fulfillment of assigned tasks;
The Deputy Directors shall be responsible before the Director and under the law for the areas of work assigned to them.
The Chairman of the provincial People's Committee decides on the appointment of the Director and Deputy Directors of the Department based on professional standards set by the Minister of Culture and Information and the regulations of the Party and State regarding cadre work;
The removal, commendation, and disciplinary action against the Director and Deputy Directors of the Department shall be carried out in accordance with the provisions of the law.
3.2. Organizational structure of the Department, including:
Reviewing the notification of compliance and declaration of conformity with food safety regulations for fortified foods; health foods
- Inspection;
- Specialized and operational departments;
- Public service organizations;
The establishment of specialized departments is based on the principle of ensuring comprehensive coverage of all areas under the state management of the Department; the functions and responsibilities of each department must be clear and not overlap with those of other departments and organizations within the Department; they must be suitable to the characteristics and workload of the locality, ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens;
The number of specialized departments of the Department shall not exceed eight rooms for Hanoi City and Ho Chi Minh City; not exceeding six rooms for other provinces and cities;
The number and names of specialized departments of the Department are decided by the Director of the Department of Culture and Information in coordination with the Director of the Department of Home Affairs, submitted to the Chairman of the provincial People's Committee;
The Director of the Department of Culture and Information coordinates with the Director of the Department of Home Affairs to submit to the Chairman of the provincial People's Committee for the establishment of subordinate public service organizations according to the provisions of law and to meet the needs of industry management and cultural enjoyment of the people;
The Director of the Department of Culture and Information defines the duties and powers of the Office, specialized departments, and public service organizations under the Department, and assigns responsibilities to heads of organizations according to the law; assists the provincial People's Committee in guiding the construction of functions, tasks, and powers of specialized agencies assisting the district People's Committees in state management of culture and information according to Decree No. 172/2004/ND-CP dated September 29, 2004 of the Government;
3.3. Staffing:
The staffing of the Office, Inspection, and specialized departments is state management staffing. The staffing of the Department of Culture and Information is determined by the provincial People's Committee according to Decree No. 71/2003/ND-CP dated June 19, 2003 of the Government on the delegation of management of administrative and public service staffing, and Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government on the mechanism for managing staffing of state public service units;
The Director of the Department of Culture and Information must appropriately allocate and utilize staff members in accordance with their positions, standards, and civil servant grades according to the law on cadres and civil servants.
II. SPECIALIZED AGENCIES ASSISTING THE PROVINCE'S PEOPLE COMMITTEE AT THE COUNTY, DISTRICT, TOWN, AND CITY LEVELS IN MANAGING STATE AFFAIRS REGARDING CULTURE, INFORMATION, AND SPORTS
1. Functions
The specialized agencies assisting the People's Committee at the county, district, town, and city levels (hereinafter referred to collectively as the County-level People's Committee) shall perform their functions in managing state affairs regarding culture, information, and sports, and managing public services under the cultural, information, and sports sector within their respective counties according to the provisions set forth in Decree No. 172/2004/NĐ-CP dated September 29, 2004, of the Government on the organization of specialized agencies under the People's Committees at the county, district, town, and city levels.
These specialized agencies shall be subject to the guidance and management concerning organizational structure, staffing, and personnel work by the County-level People's Committee, while also being subject to professional and operational guidance and supervision by the Department of Culture, Information, and Sports, the Department of Physical Education and Sports, or the Department of Culture, Information, and Physical Education and Sports.
2. Tasks and Authorities
The County-level People's Committee shall specify in detail the functions, tasks, and authorities of the specialized agencies assisting the County-level People's Committee in performing state management functions regarding culture, information, and sports, following the guidelines provided by the Provincial People's Committee.
3. Staffing:
Based on the characteristics and development situation of culture, information, and sports in the locality, the Chairman of the County-level People's Committee shall decide on the staffing to meet the requirements for state management of culture, information, and sports within the total administrative staffing assigned by the Provincial People's Committee to the county.
III. TASKS OF STATE MANAGEMENT REGARDING CULTURE AND INFORMATION BY THE PEOPLE'S COMMITTEES AT THE COMMUNE, WARD, AND TOWN LEVELS
The tasks of state management regarding culture and information by the People's Committees at the commune, ward, and town levels (hereinafter referred to collectively as the Commune-level People's Committee) shall be determined by the Provincial People's Committee based on the proposal of the Director of the Department of Culture, Information, and the Director of the Department of Civil Service Administration.
Based on the actual situation and the requirements for state management of culture and information in the locality, the Provincial People's Committee shall determine the number of non-professional staff members for culture and information at the commune level according to the provisions of Decree No. 121/2003/NĐ-CP dated October 21, 2003, of the Government on the system and policies for cadres and civil servants at the commune, ward, and town levels.
IV. IMPLEMENTATION
1. This Circular shall take effect fifteen days from the date of its publication in the Official Gazette, superseding the contents guiding the functions, tasks, authorities, and organizational structure regarding culture and information in Circular Jointly Issued No. 28/1998/TTLT-VHTT-TDTT-TCCP dated January 13, 1998, of the Ministry of Culture, Information, the State Sports Committee (now the Ministry of Home Affairs).
2. The Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for organizing and implementing this Circular. Any issues arising or difficulties encountered during the implementation of this Circular should be promptly reported to the Ministry of Culture, Information, and the Ministry of Home Affairs for study and resolution./.