Joint Circular No. 02/2016/TTLT-BVHTTDL-BCA guiding the coordination of work to ensure national security and public order and safety in the fields of culture, family, sports, and tourism

JOINT CIRCULAR
Guidelines for cooperation in national security protection and social order and safety assurance work in the fields of culture, family, sports, and tourism

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Law on Public Security Officers dated November 27, 2014;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Culture, Sports and Tourism and the Minister of Public Security hereby issue this Joint Circular guiding the cooperation in national security protection and social order and safety assurance work in the fields of culture, family, sports, and tourism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, methods, contents, and responsibilities for cooperation between agencies and units within the Public Security Force and organizations under the Ministry of Culture, Sports and Tourism in protecting national security and ensuring social order and safety (hereinafter referred to as ensuring security and order) in the fields of culture, family, sports, and tourism.

Article 2. Applicability

This Circular applies to agencies and units within the Public Security Force and organizations under the Ministry of Culture, Sports and Tourism from central to local levels.

Article 3. Principles of Cooperation

1. Compliance with legal regulations and operational principles of each sector.

2. Ensuring unified direction from central to local levels.

3. Proactive, positive, strict, regular, timely, and effective.

4. Cooperation within the scope, functions, tasks, and powers of each agency; in cases exceeding authority, report to higher management agencies for coordination in resolution.

5. Not hindering the regular activities of each agency.

Article 4. Methods of Coordination

1. Exchange of information.

2. Organizing meetings, seminars, mid-term review conferences, and final summary conferences.

3. Establishing joint inspection teams.

4. Other forms agreed upon by both parties.

Chapter II

SPECIFIC PROVISIONS

Article 5. Cooperation in exchanging information

1. Principles of information exchange:

a) All activities related to the exchange of information concerning the assurance of security and order in the fields of culture, family, sports, and tourism must meet political, legal, professional requirements, and operational principles of each sector;

b) Information exchange shall be directly carried out by specialized units of both sides.

2. Contents of information exchange:

a) Information on programs and contents of drafting normative legal documents related to security and order;

b) Information on the situation of security and order, methods, and tricks of hostile forces' activities opposing and various types of crimes often exploiting the fields of culture, family, sports, and tourism to operate; information on policies and measures to ensure security and order;

c) Information on organizations and individuals in the field of culture, sports, and tourism participating in complex political, security, and order activities, taking advantage of democracy, human rights, beliefs, and religions to spread false propaganda about the Party's guidelines, State's policies, laws, and other relevant information concerning internal protection work in the field of culture, sports, and tourism;

d) Information on state secrets protection including:

- Information on individuals or agencies, organizations providing or receiving information; type of information, scope, purpose of using information in cases where such information falls within the scope of state secrets classified as Confidential in the field of culture, sports, and tourism provided to individuals or agencies, organizations abroad;

- Information on documents, objects carrying state secrets lost, damaged, stolen, leaked, or incidents of violations of laws on state secrets protection;

đ) Information related to state management work of the field of culture, sports, and tourism including:

- Information on proposals, recommendations, complaints, and accusations of organizations and individuals participating in cultural, family, sports, and tourism activities;

- Information on foreign relations at national and international scales; Vietnamese delegations going abroad, foreign delegations coming to Vietnam; foreigners entering Vietnam and Vietnamese citizens going abroad for study, research, teaching, training, performance, and cooperation in the fields of culture, sports, and tourism;

- Information on individuals and organizations applying for permits, permit application files in the fields of culture, family, sports, and tourism involving foreign elements;

- Information on individuals nominated for People's Artist, Meritorious Artist, National Artisan, Meritorious Artisan titles, authors, co-authors whose works are nominated for Ho Chi Minh Prize, State Prize for Literature and Arts; overseas Vietnamese and foreigners nominated for Commendation Medal "For the Cause of Culture, Sports and Tourism" and other forms of commendation in the fields of culture, family, sports, and tourism;

- List of films, publications, audio and video recordings of music and dance, stage performances banned from distribution or prohibited from distribution;

- Information on cultural relics, antiques, national treasures and their owners in cases of export or import; information on suspected stolen cultural relics, antiques illegally traded from Vietnam to abroad and vice versa based on the Interpol database of stolen cultural relics; making copies of cultural relics, antiques, national treasures;

- Information on the protection and promotion of values of heritage sites, heritage complexes ranked; areas identified as heritage sites under study and consideration for decision-making by competent authorities; archaeological activities within the territory of Vietnam including islands and seas;

- Information on programs, contents, time, and locations of organizing festivals, sports competitions, cultural, family, sports, and tourism events;

- Information on violations of advertising laws and foreign-involving advertising activities;

- Information on the number of domestic violence cases; victims of domestic violence discovered and advised, supported; perpetrators of domestic violence discovered and advised at domestic violence prevention and control counseling centers; number of counseling centers assisting victims of domestic violence;

- Information on sports disciplines, sports training methods, activities of new sports schools that affect security and public order;

- Information on specific areas not organized for tourists to visit; key defense and security areas requiring consultation with the police before opening new tourist routes and destinations in these areas;

- Information on entry and exit of foreign tourists;

- Information on criminal situations related to culture, family, physical education, sports, and tourism sectors; experiences of other countries in protecting security and public order in the cultural, family, physical education, sports, and tourism sectors;

- Information on investigation results, inspection conclusions, inspection findings, and handling of violations of laws in the cultural, sports, tourism, and family sectors;

- Information on organizations and individuals who are Vietnamese citizens operating in the cultural, family, physical education, sports, and tourism sectors abroad exhibiting behaviors detrimental to national security or affecting Vietnam's image internationally;

- Information on foreign experts coming to advise, conduct scientific research... related to the cultural, family, physical education, sports, and tourism sectors;

- Information on investment projects for construction of cultural, sports, and tourism facilities related to national security and social order; information on foreign organizations and individuals having needs, policies, plans to cooperate with Vietnam in the cultural, family, physical education, sports, and tourism sectors;

- Other relevant information;

3. Responsibilities of the parties;

a) Authorities proactively or upon request shall be responsible for providing the information stipulated in Clause 2 of this Article; in case of refusal to provide information, the requested authority shall be responsible for replying in writing and clearly stating the reasons for refusal;

b) The authority receiving the information shall be responsible for examining, processing the information, and providing feedback on the processing results;

Article 6. Coordination in implementing state management in the fields of culture, family, physical education, sports, and tourism;

1. The content of coordination includes:

a) Regarding cultural heritage

- Detecting, preventing, and handling according to their authority acts of appropriating, distorting, damaging, or posing a risk of damaging cultural heritage, illegal excavation of archaeological sites, unauthorized construction, encroachment on land belonging to heritage sites, and other acts exploiting the protection and enhancement of cultural heritage for personal gain;

- Detecting, preventing, and handling according to their authority acts of stealing, buying, selling, exchanging, transporting, illegally excavating, salvaging, or smuggling cultural relics, antiques, and national treasures from heritage sites and illegally sourced cultural relics, antiques, and national treasures; illegally exporting cultural relics, antiques, and national treasures out of the country;

- Developing and directing the implementation of specific protection plans for archaeological sites, protected zones of heritage sites, cultural relics, antiques, and national treasures stored in heritage sites, public museums, or exhibited, researched, or preserved domestically and abroad; supporting the protection of cultural relics, antiques, and national treasures in non-public museums and private ownership upon the legitimate owner's request;

b) Regarding performing arts, fine arts, photography, exhibitions

- Reviewing programs of performing arts serving national political tasks, commemorating major national holidays requiring consultation with the Public Security agency;

- Coordinating in handling situations where forms of performing arts, cultural art exhibitions, and photography are inappropriate to local customs and traditions, adversely affecting security and public order;

c) Regarding literature

- Detecting, preventing, and handling according to their authority organizations and individuals creating, preserving, and disseminating literary works containing content violating the law; foreign elements in literary works require consultation with the Public Security agency before publication;

d) Regarding cinema

- Reviewing films participating in international film festivals, film weeks of foreign countries in Vietnam, scripts with foreign elements requiring consultation with the Public Security agency;

- Handling according to their authority cases of producing, importing, distributing, promoting, and storing films violating legal provisions;

đ) Regarding advertising and public cultural service business

- Detecting, preventing, and handling according to their authority violations of the law in the field of advertising;

- Monitoring compliance with the law on advertising activities with foreign elements in Vietnam;

e) Regarding libraries

- Detecting, preventing, and handling according to their authority acts of substituting, destroying library materials, illegally storing or exploiting libraries to disseminate materials containing content as stipulated in Clause 1 of Article 5 of the Library Ordinance;

g) Regarding copyright and related rights

- Detecting, preventing, and handling according to their authority violations of the law in the field of copyright and related rights;

- Establishing a database on violations in the field of copyright and related rights protection and strengthening enforcement work in copyright and related rights protection;

h) Regarding prevention and control of domestic violence

- Detecting, preventing, and promptly handling acts of domestic violence according to legal regulations, ensuring the safety of life, health, dignity, and other legitimate rights and interests when required;

- Establishing hotlines for advising and protecting victims of domestic violence, promptly preventing and handling acts of domestic violence; coordinating in monitoring the implementation of administrative violation handling laws in the field of domestic violence prevention and control;

i) Regarding physical education and sports

- Detecting, preventing, and handling according to their authority acts of gambling, violence, disrupting public order, cheating, and other negative acts in physical education and sports activities;

- Preventing and handling reactionary schools of thought, prohibited training methods and competition practices in sports;

- Managing Vietnamese sports teams, coaches, and athletes working, training, and competing abroad when required;

k) Regarding tourism

- Ensuring security, order, protecting the tourism environment, safety of life and property, and the legitimate rights and interests of foreign tourists and Vietnamese tourism agencies and enterprises;

- Developing plans, measures, and implementing operational methods in tourist areas, routes, and sites to ensure security and order for business activities and tourists in those areas;

- Guiding and creating favorable conditions for organizations and individuals engaged in tourism activities in accordance with the law; guiding tourists to comply with regulations on residence and travel in Vietnam and other relevant regulations concerning security and order, and handling violations within their authority;

2. Responsibilities of the parties

a) Within their functional duties, tasks, and authorities, cultural, sports, and tourism administrative agencies and public security agencies shall be responsible for leading or cooperating in implementing the contents stipulated in Clause 1 of this Article;

b) The leading agency shall be responsible for proactively developing plans and proposals for implementation solutions;

c) The cooperating agency shall be responsible for closely coordinating to fulfill tasks according to the proposal of the leading agency, and when necessary, sending personnel to participate in agreed cooperative tasks;

Article 7. Coordination in Protecting State Secrets and Ensuring Information Security in the Cultural, Sports, and Tourism Sector

1. Responsibilities of the Public Security Agency

a) Cooperating and supporting related units under the Cultural, Sports, and Tourism sector in implementing laws on protecting state secrets and laws on information security;

b) Building and coordinating in implementing plans to protect classified documents and items at the Top Secret and Absolute Secret levels during transportation, delivery, and storage, upon request from cultural, sports, and tourism administrative agencies;

c) Cooperating with cultural, sports, and tourism administrative agencies to conduct investigations, verifications, and handle cases of leaks, losses, and breaches of state secrets related to them;

2. Responsibilities of Cultural, Sports, and Tourism Administrative Agencies

a) Implementing provisions of laws on protecting state secrets and laws on information security;

b) Providing information and documents to public security units to serve verification, investigation, and handling of cases of leaks, losses, and breaches of state secrets, and violations of laws on cyber security;

c) Cooperating with public security agencies to supplement and amend the list of state secrets to be protected in the sector; building and implementing plans to ensure safety in transporting, taking abroad, or destroying documents and items at the Top Secret and Absolute Secret levels;

Article 8. Coordination in Building a Nationwide Movement for National Security Protection

1. Responsibilities of the Public Security Agency

a) Guiding cultural, family, physical education, sports, and tourism agencies on the content and form of launching the nationwide movement for national security protection; establishing rules and regulations for protecting agencies; preventive work, crime detection, state secret protection, information security; reinforcing and improving organizational structure; training and instructing agency and enterprise security forces on relevant regulations and activities related to security and order;

b) Guiding activities to counteract false propaganda by hostile forces and bad elements;

2. Responsibilities of Cultural, Sports, and Tourism Administrative Agencies

a) Cooperating with the same-level public security agency to organize meetings to launch the nationwide movement for national security protection in agencies; integrating publicity and mobilizing people to protect national security with cultural, family, physical education, sports, and tourism activities;

b) Cooperating with the public security agency to organize specialized sessions to enhance awareness of cadres, civil servants, employees, and workers about the plots and tactics of hostile forces and bad elements.

Article 9. Coordination to ensure security and order in organizing cultural, family, sports, and tourism events

Clause 1. The public security agency shall be responsible for implementing the following tasks to ensure security and order at the venues of such events:

Point a) Developing and implementing plans to ensure security and order at the venues of such events; protecting Party and State leaders, international guests, and the general public attending the events;

Point b) Developing and implementing fire prevention, firefighting, and rescue plans;

Point c) Strictly managing and controlling weapons, explosives, fireworks, auxiliary tools, and other prohibited items;

Point d) Guiding and inspecting fire safety conditions; deploying fire police forces to protect areas and event locations;

Point đ) Strengthening forces to ensure traffic and public order on transportation routes and at event venues;

Point e) Supervising and guiding individuals and international guests attending the events to comply with legal regulations to ensure security and order;

Point g) Inspecting, detecting, preventing, and promptly handling situations of excessive behavior and conflicts that may lead to violence, disrupting public order, gambling, superstitious activities, circulating and disseminating obscene cultural products, propaganda materials against the State, and illegal cultural product trading.

Clause 2. National agencies responsible for culture, sports, and tourism shall cooperate with public security agencies to develop and implement plans to ensure security and safety for such events.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Responsibility for Implementation

Clause 1. Based on the provisions of this Circular and the characteristics and situation of ensuring security and order in the fields of culture, family, sports, and tourism in each locality, the People's Committees of provinces and centrally-administered cities shall direct the establishment of Regulations on coordination to ensure national security, social order, and safety between public security agencies and national agencies responsible for culture, sports, and tourism within their jurisdictions.

Clause 2. Heads of relevant agencies under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, heads of national agencies responsible for culture, sports, and tourism, heads of public security agencies at all levels in localities, and related organizations and individuals within their assigned scope, duties, and authorities shall be responsible for disseminating, organizing implementation, and reporting annually to competent authorities on the implementation of this Circular.

Clause 3. The Legal Department of the Ministry of Culture, Sports and Tourism and the General Bureau of Security of the Ministry of Public Security shall be the two permanent units to monitor, urge, compile, and report periodically annually, advising the leadership of the Ministry of Public Security and the Ministry of Culture, Sports and Tourism to organize mid-term and final reviews of the implementation of this Circular within the entire sector of Culture, Sports and Tourism, and the Police sector.

Clause 4. Based on the provisions of this Circular, the People's Committees of provinces and centrally-administered cities shall direct lower-level People's Committees, public security agencies, fire police agencies of provinces and centrally-administered cities, Departments of Culture, Sports and Tourism, Departments of Culture and Sports, and Tourism Departments to implement plans for coordinated work to ensure security and order in cultural, family, sports, and tourism activities in their localities.

Article 11. Effective Date

Clause 1. This Circular takes effect from June 25, 2016.

Clause 2. Joint Circular No. 06/2009/TTLT-BCA-BVHTTDL dated July 22, 2009, issued by the Minister of Public Security and the Minister of Culture, Sports and Tourism, guiding cooperation in work to ensure national security and social order and safety in tourism activities, ceases to be effective from the date this Joint Circular takes effect.

Clause 3. During the implementation of this Joint Circular, if any difficulties arise, they should be promptly reflected to the Ministry of Public Security (through the General Bureau of Security) and the Ministry of Culture, Sports and Tourism (through the Legal Department) for compilation, research, and prompt resolution./.