Joint Circular No. 02/2005/TTLT/BVHTT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state administration over culture and information at local levels.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of specialized agencies under provincial and district people's committees

to assist the People's Committee in state management of culture and information at the local level

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;

Based on Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under district, town, city, and provincial-level People's Committees;

Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities, and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and provincial-level cities;

The Ministry of Culture, Sports and Tourism and the Ministry of Home Affairs shall guide the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee in performing state management functions over culture and information at the local level as follows:

I. SPECIALIZED AGENCY ASSISTING THE PEOPLE'S COMMITTEE OF PROVINCES AND CENTRALLY GOVERNED CITIES IN STATE MANAGEMENT OF CULTURE AND INFORMATION

1. Position and Functions

1.1. The Department of Culture, Sports and Tourism or the Department of Culture, Sports and Tourism and Physical Education is the specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee) to advise and assist the provincial 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; perform certain tasks and powers according to the delegation of the provincial People's Committee and as prescribed by law.

1.2. The Department of Culture, Sports and Tourism is subject to the direction and management of the provincial People's Committee concerning its organization, staffing, and activities, while also being subject to the direction, guidance, and inspection of the Ministry of Culture, Sports and Tourism in terms of professional and business matters.

1.3. The Department of Culture, Sports and Tourism and Physical Education is subject to the direction and management of the provincial People's Committee concerning its organization, staffing, and activities, while also being subject to the direction, guidance, and inspection of the Ministry of Culture, Sports and Tourism in terms of culture and information, and the State Sports Committee in terms of physical education and sports.

II. TASKS AND POWERS IN THE FIELD OF CULTURE AND INFORMATION

2.1. Draft decisions and directives of the provincial People's Committee on managing the culture and information sector within the jurisdiction of the locality and the decentralization of the Ministry of Culture, Sports and Tourism; be responsible for the content of the submitted documents;

2.2. Draft the provincial People's Committee to approve planning, long-term plans, five-year plans, and annual plans, programs, and projects within the scope of management of the Department that are consistent with the overall socio-economic development plan of the locality and the industry development plan of the Ministry of Culture, Sports and Tourism;

2.3. Draft the provincial People's Committee to decide on the allocation, decentralization, or delegation of management authority in the field of culture and information to the People's Committees of districts, towns, and provincial-level cities (hereinafter collectively referred to as district level) and specialized agencies under the provincial People's Committee according to the provisions of law;

2.4. Organize, direct, guide, and inspect the implementation of regulatory legal documents, plans, and 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. Draft regulations and solutions for mobilizing, managing, and utilizing resources to protect and enhance the value of cultural heritage in the locality; be responsible for organizing the implementation after approval;

2.5.2. Draft the Chairman of the provincial People's Committee

- To decide on establishing provincial museums, heritage management boards; recognize private museums; rank and declassify museums and heritage sites according to their authority;

- Approve preservation, restoration, and recovery projects for provincial heritage sites;

- Approve preservation, restoration, and recovery projects for national heritage sites and special national heritage sites according to the law, after receiving a review from the Minister of Culture, Sports and Tourism;

2.5.3. Conduct 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 People's Committee for organizing the implementation of inventory, classification, and filing for ranking historical, cultural, and scenic spots within the province;

2.5.6. Be responsible for reviewing projects to renovate and construct facilities outside the protected areas of provincial heritage sites that may affect the landscape and environment of the heritage site;

2.5.7. Be responsible for organizing and directing the collection, preservation of relics, antiques, and national treasures in the locality according to the law;

2.5.8. Register and manage relics, antiques, and national treasures within the province; issue permits for making copies of relics, antiques, and national treasures belonging to provincial museums and private ownership.

2.6. Regarding Performing Arts

2.6.1. Draft the provincial People's Committee on plans to organize performing arts units within the jurisdiction of the locality in accordance with the industry development plan of the Ministry of Culture, Sports and Tourism; implement after approval;

2.6.2. Draft the Chairman of the provincial People's Committee to issue regulations on organizing festivals, contests, and performances of performing arts organized by the locality in accordance with the regulations of the Ministry of Culture, Sports and Tourism; inspect the implementation of the regulations and handle violations within the 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 performing arts organizing units under the locality;

b) State agencies, economic, political, cultural, and social organizations without performing arts organizing functions but with the need to organize professional performing arts for social work and charity purposes in the locality;

c) Foreign economic, political, cultural, and social organizations and international organizations legally operating in Vietnam with headquarters in the locality.

2.6.4. Issue certificates for programs and performances; advertising permits for artistic performances to performing arts units and units with functions to organize professional artistic performances that have been granted performance licenses by the Performing Arts Department, provincial Departments of Culture and Information, to perform in their localities;

2.6.5. Submit to the Chairman of the Provincial People's Committee for permission for Vietnamese artistic groups and performers from the locality 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 of music and dance, stage performances for organizations and individuals within the locality in accordance with 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 to establish 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 of various types (excluding feature films) produced and imported by entities within the locality;

2.7.3. Submit to the Provincial People's Committee to suspend the dissemination of films that have already been granted dissemination permits if the content of the film is not suitable for 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 to decide on the establishment of the Fine Arts Council for statues and large paintings at the provincial level in accordance with the Regulation on the Construction of Statues and Large Paintings issued by the Ministry of Culture and Information; be responsible as a permanent member of the Council;

2.8.2. Direct and organize fine arts and photography activities at the provincial and regional levels;

2.8.3. Grant permits and guide fine arts exhibitions, photography exhibitions, organize photography contests, photography festivals, and reproduction of fine arts works in the locality in accordance with 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 permits for the artistic components of projects for statues and large paintings upon delegation by 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 media, radio, television, and online media in accordance with the division of labor and delegation of authority by the Provincial People's Committee in compliance 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 be published in newspapers, magazines, or broadcast on overseas radio and television stations;

2.9.3. Organize the inspection of circulating press materials and manage circulating press materials 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 receiving equipment (TVRO) in the province within the scope of authority;

2.9.6. Grant permits for press conferences for agencies and organizations in the locality;

2.10. Regarding publishing:

2.10.1. Organize reviews and submit to the Chairman of the Provincial People's Committee applications for establishing publishing houses by organizations and state agencies under the province;

2.10.2. Issue and revoke permits for internal circulation publications of agencies and organizations in the locality and importation of publications not for commercial purposes in accordance with the law;

2.10.3. Register and inspect the content of publications by publishers and organizations and agencies in the locality; be responsible for organizing reviews when discovering signs of violations in registered 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 in accordance with the law;

2.11.2. Implement and guide the implementation of legal regulatory documents regarding copyright for literary and artistic works and remuneration systems for authors and owners of such works;

2.11.3. Review copyrights when disputes arise at the request of competent state authorities;

2.12. Regarding libraries:

2.12.1. Transfer registered publications in the locality to the provincial library in accordance with regulations;

2.12.2. Guide registration and operation of libraries in the province in accordance with regulations of the Ministry of Culture and Information;

2.12.3. Direct libraries in the province to develop organizational and operational regulations based on models issued by 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 establishing representative offices of foreign organizations and individuals engaged in advertising services in the locality;

2.13.2. Issue and revoke permits for advertising on boards, signs, billboards, banners, screens, luminous objects, objects in the air or underwater, transportation means, and other mobile objects in public places in the province;

2.14. Regarding mass culture, propaganda, and exhibitions:

2.14.1. Guide the establishment of organizational and operational regulations for cultural and information facilities in the locality based on model regulations issued by 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 approval of cooperation regulations with departments, sectors, and mass organizations to direct and guide the "All-Voluntary Movement for Building a Civilized Cultural Life"; be responsible for the Permanent Steering Committee of the "All-Voluntary Movement for Building a Civilized Cultural Life";

2.14.4. Be responsible for directing, guiding, and organizing the implementation of plans for information and propaganda activities, exhibitions serving political, economic, cultural, and social tasks and planning the visual propaganda system in the locality.

2.14.5. Organize contests for creating propaganda posters and poster clusters; provide promotional materials and propaganda posters to serve political, economic, cultural, and social tasks within the jurisdictional area.

2.14.6. Guide and inspect the implementation of regulations on organizing folk art festivals, competitions, and performances 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 operations of public service organizations under the management areas of the Department; direct, guide, and inspect subordinate public service organizations to implement management mechanism reforms 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 the law.

2.18. Study and apply scientific and technological advancements; build information and archival systems regarding the management areas of the Department.

2.19. Implement international cooperation in the fields of culture and information according to the 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 organizing their implementation after approval.

2.21. Provide guidance and inspection on professional matters for specialized agencies under the County People's Committee in performing state management tasks in the fields of culture and information.

2.22. Inspect, investigate, handle complaints, accusations, anti-corruption, and deal with violations of laws in the fields of culture and information according to the provisions of the 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 in the province.

2.24. Aggregate, statistically analyze, and report regularly and urgently on the implementation of assigned tasks according to regulations to the Provincial People's Committee and the Ministry of Culture and Information.

2.25. Manage personnel establishment, implement salary systems, and policies and incentives, rewards, and disciplinary actions for staff under the Department according to the law.

2.26. Manage financial resources and assets allocated and implement the budget allocation according to the law and the provincial government's decentralization.

2.27. Perform other tasks assigned by the Chairman of the Provincial People's Committee.

For provinces establishing Departments of Culture, Information, and Sports, in addition to implementing 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 the locality.

3. Organization and staffing.

3.1. Department Leadership

The Department of Culture and Information has a Director and not 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 and vocational standards set by the Minister of Culture and Information and according to Party and State regulations on 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:

- Office;

- Inspection;

- Specialized and operational departments;

- Public service organizations;

The establishment of specialized departments and divisions 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 for 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 and divisions of the Department shall not exceed eight divisions for Hanoi City and Ho Chi Minh City; not more than six divisions for other provinces and cities.

The number and names of specialized departments and divisions of the Department are determined 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 for decision.

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 law and to meet the requirements for industry management and cultural enjoyment needs of the people.

The Director of the Department of Culture and Information defines the duties and powers of the Office, specialized departments and divisions, and public service organizations under the Department, and assigns responsibilities to heads of organizations under the Department according to the law; assists the Provincial People's Committee in guiding the construction of functions, tasks, and powers of specialized agencies assisting the County People's Committee in state management of culture and information according to Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government.

3.3. Staffing:

The staffing of the Office, Inspection Division, and specialized departments and divisions is state management staffing. The staffing of the Department of Culture and Information is decided by the Provincial People's Committee according to Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralized management of administrative and public service staffing and Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on the management mechanism for staffing of state public service units.

The Director of the Department of Culture and Information must allocate and utilize staff members in accordance with their positions, standards, and civil service grades according to the law on cadres and civil servants.

II. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF COUNTIES, DISTRICTS, TOWNS, AND CITIES UNDER PROVINCES IN STATE MANAGEMENT OF CULTURE, INFORMATION, AND SPORTS

1. Functions

The specialized agencies assist the People's Committee of the district, town, city under province (hereinafter referred to collectively as the District People's Committee) in performing state management functions over culture, information, sports, and state management of public services under the cultural information and sports sector within the district, organized according to the provisions of Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces.

These specialized agencies are subject to the direction and management regarding organization, staffing, and personnel work by the District People's Committee, while also being subject to professional and operational guidance and supervision by the Department of Culture, Sports and Tourism, the Department of Culture and Information, or the Department of Culture, Information, and Sports.

2. Tasks and Authorities

The District People's Committee shall specify in detail the functions, tasks, and authorities of the specialized agencies assisting the District People's Committee in performing state management functions over culture, information, and sports in accordance with the guidelines of 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 District People's Committee decides on the staffing to meet the state management tasks over culture, information, and sports within the total administrative staffing assigned by the Provincial People's Committee to the district.

III. TASKS OF STATE MANAGEMENT OVER CULTURE AND INFORMATION BY THE PEOPLE'S COMMITTEES OF COMMUNES, WARD, TOWN

The tasks of state management over culture and information by the People's Committee of communes, wards, towns (hereinafter referred to collectively as Commune People's Committees) are decided by the Provincial People's Committee based on the proposal of the Director of the Department of Culture, Sports and Tourism and the Director of the Department of Home Affairs.

Based on the actual situation and requirements for state management tasks over culture and information in the locality, the Provincial People's Committee decides the number of non-professional cadres in charge of 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 communes, wards, and towns.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette, replacing the contents guiding functions, tasks, authorities, and organizational structure over culture and information in Circular Jointly Issued No. 28/1998/TTLT-VHTT-TDTT-TCCP dated January 13, 1998 of the Inter-Ministerial Board of Culture, Sports and Tourism - Sports Administration - Civil Service Commission (now the Ministry of Home Affairs).

2. The Chairman of the Provincial People's Committee, the People's Committee of the centrally governed city is responsible for organizing and implementing this Circular. During the implementation of this Circular, if there are emerging issues or difficulties, the provinces need to promptly reflect them to the Ministry of Culture, Sports and Tourism and the Ministry of Home Affairs for research and resolution./.