Decision No. 03/1999/QĐ-BVHTT on the issuance of regulations for fine arts exhibition activities and Galleries

DECISION

Regarding the issuance of regulations on the operation of art exhibitions and galleries

 

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Considering the proposal of the Director of the Visual Arts Department,

DECISION:

Article 1. Issuing the "Regulations on the Operation of Art Exhibitions and Galleries"

Article 2. This Decision shall take effect fifteen days from the date of signature. The exhibition regulations for visual arts (paintings and sculptures) within and outside the country issued with Decision No. 580/QĐ-MT dated May 11, 1992 of the Ministry of Culture, Sports and Tourism and the guidance documents of the Visual Arts Department on implementing Decision No. 580/QĐ-MT shall cease to be effective from the date this Decision takes effect.

Article 3. The Permanent Deputy Minister of the Ministry, Directors of the Visual Arts Department, Directors of Provincial Departments of Culture and Information, and related organizations and individuals are responsible for implementing this Decision./.

REGULATIONS ON THE OPERATION OF ART EXHIBITIONS AND GALLERIES

(Issued pursuant to Decision No. 03/1999/QĐ-BVHTT dated February 2, 1999 of the Minister of Culture and Information)

 

PART I

GENERAL PROVISIONS

Article 1:An art exhibition is a form of publicizing and disseminating works of visual arts and applied arts (including paintings, sculptures, bas-reliefs, artistic ceramics, interior decoration models, stage decoration models, film decoration models, posters, installation art, and other creative forms of art).

Products of handicrafts that have a commodity consumption nature and are mass-produced are not subject to the provisions of these regulations.

Article 2:The State encourages the widespread dissemination of valuable art works to the people.

Article 3:Art exhibitions organized by individual or corporate entities of Vietnam or foreign countries displayed in Vietnam, and art exhibitions of Vietnam held abroad must obtain permission from the competent state management agency for culture and information as stipulated in Article 7 of these regulations.

Article 4:Individuals and entities operating galleries must obtain permission from the competent state management agency for culture and information as stipulated in Article 12 of these regulations.

Article 5:The following works may not be exhibited or sold:

1. Works containing:

a. Content opposing the Socialist Republic of Vietnam; undermining national solidarity;

b. Promoting violence, aggressive war, inciting hatred among ethnic groups and peoples of different countries; spreading reactionary thoughts, cultures, decadent lifestyles, criminal acts, social evils, superstitions, and destroying traditional customs and morals;

c/ Tiết lộ bí mật của Đảng, Nhà nước, bí mật quân sự, an ninh, kinh tế, đối ngoại, bí mật đời tư của công dân và bí mật khác do pháp luật quy định;

d. Distorting history, denying revolutionary achievements, insulting great men, national heroes, slandering, and defaming the reputation of organizations and the dignity and personality of citizens.

1. Works violating copyright laws.

Article 6: Without authorization from the Ministry of Culture and Information, exhibitions selected and organized by domestic or foreign individuals or entities in Vietnam or taken abroad cannot claim to represent Vietnamese art.

Chapter II

AUTHORITY TO ISSUE PERMITS AND PROCEDURES FOR APPLYING FOR PERMISSION TO OPERATE EXHIBITIONS AND GALLERIES

Article 7.The authority to issue permits for exhibitions is defined as follows:

1. The Ministry of Culture and Information issues permits: National or international exhibitions. In certain specific cases, the Ministry of Culture and Information may delegate the Visual Arts Department to issue permits.

2. The Visual Arts Department issues permits:

a. Exhibitions delegated by the Ministry of Culture and Information as specified in Clause 1 of this Article.

b. Individual and group author exhibitions and foreign organization exhibitions held in Vietnam; individual and group author exhibitions and Vietnamese organization exhibitions held abroad.

In some cases, the Visual Arts Department may delegate provincial cultural departments to issue permits.

c. Exhibitions of the Vietnam Fine Arts Association, central associations, and equivalent agencies.

3. Provincial Cultural Departments issue permits:

a. Individual and group exhibitions, provincial and city-level art exhibitions, regional art exhibitions.

b. Exhibitions specified in Points b and c of Clause 2 of this Article when delegated by the Visual Arts Department.

4. Within ten days from receiving complete valid documents, the competent authority must issue the permit. If refusal occurs, a written explanation of the reasons must be provided.

Article 8:The permit issued for an art exhibition going abroad serves as the basis for customs procedures when exporting artworks.

Article 9.

1. Organizations and individuals wishing to organize an exhibition must select works, submit an application form (on a pre-printed form) or a letter requesting permission from the competent authority as stipulated in Article 7 of these regulations. Accompanying the application form or letter must be the following conditions:

a. List of works, authors, materials, and dimensions;

b. Photographs of the works to be exhibited (color photographs at least 9x12 cm);

c. Sample invitation letters and content of introductions in Vietnamese. If translations in another language are required, they must be printed below and not larger than twice the size of the Vietnamese text;

d. Catalogues, brochures, and books of art reflecting the content of the exhibition (if available);

2. In addition to the requirements set out in Clause 1 of this Article, additional conditions must be met depending on the specific object:

a. For exhibitions held abroad, a formal invitation or contract, or agreement between both parties must be provided.

b. For individuals who do not belong to any organization, agency, or association wishing to hold an exhibition, confirmation of their residential address by the People's Committee of the ward or commune is required;

c. For overseas Vietnamese, confirmation by the Overseas Vietnamese Affairs Office is required.

d. For foreigners who do not belong to any organization, agency, or association and whose exhibition is not sponsored by any entity, confirmation must be provided by their embassy or consulate in Vietnam. In the case where the organizer is a citizen of a country with which Vietnam does not have diplomatic relations, confirmation by an international organization is required.

3. Organizations and individuals applying for exhibition permits must pay a fee as prescribed.

Article 10:The assessment of works and issuance of permits shall be decided by the head of the issuing authority as stipulated in Article 7 of these regulations.

When necessary, the issuing authority may establish an advisory board to assist the head of the authority in assessing works. If an advisory board is established, it must consist of at least two-thirds of reputable experts in fine arts. The board must have at least five members.

Article 11:Organizations and individuals have the right to appeal to the issuing authority if they find the response unsatisfactory. They also have the right to appeal to the superior authority of the issuing authority.

Article 12:Gallery is a place for displaying, exhibiting, and trading works of fine art and handicrafts. A Gallery located in any area must be granted a certificate of eligibility to operate by the provincial Department of Culture, Sports and Tourism. The Gallery must comply with current state regulations on business and cultural activities.

Article 13.Standards for issuing a certificate of eligibility to operate a Gallery.

1\. Must have an exhibition area of at least 15 square meters. Must have a lighting, electricity, water system, and fire-fighting equipment, confirmed by the People's Committee of the commune or ward where the Gallery operates.

2\. Regarding personal background, must be individuals without criminal records for disseminating harmful cultural products, not currently under criminal investigation or serving a criminal sentence.

Article 14:

1\. Organizations or individuals wishing to operate a Gallery must submit an application to the provincial Department of Culture, Sports and Tourism where the Gallery will be established. The application must be confirmed by the People's Committee of the commune or ward where the Gallery will be established regarding the exhibition conditions stipulated in Clause 1 and 2 of Article 13 of this regulation. Accompanying the application must be:

- A document confirming the right to use the location for establishing the Gallery

- A copy of the permanent residence registration book (for individuals)

- Decision on establishment of the Gallery (for organizations)

2\. Within fifteen days from the date of receipt of all valid documents, the Department of Culture and Information shall issue a certificate of eligibility to operate a Gallery. The certificate of eligibility to operate is valid for one year.

In cases where a certificate is not issued, there must be a document explaining the reasons.

Chapter III

EXHIBITION ACTIVITIES

Article 15:The exhibition venue must have an exhibition area of at least 20 square meters, equipped with a complete lighting, electricity, water system, and fire-fighting equipment.

Article 16.The owner of the exhibition venue may only accept the display of works listed in the approved permit.

Forms of promotion, advertising, and introduction of exhibitions must use Vietnamese characters. If foreign characters are used, they must be displayed below the Vietnamese characters and not more than twice the size of the Vietnamese characters.

Article 17.The sale of works is based on an agreement between the author or the entity authorized by the author and the buyer. When selling a work, the author must remit a percentage according to the agreed contract with the exhibition organizing unit, and pay taxes as prescribed.

Payment to the author or the owner of the work during the exhibition period (hanging fee) is based on an agreement between the exhibition organizing unit and the author or the owner of the work.

During the display, transportation, and staging of the exhibition, if the work is damaged, the organization or individual causing the damage must compensate. If the work is lost, compensation must be made to the author or the owner of the work according to the agreement between both parties.

Chapter IV

When galleries organize exhibitions, they must comply with the exhibition regulations stipulated in this regulation.

Article 18.When a Gallery organizes an exhibition, it must comply with the exhibition regulations set forth in this regulation.

Article 19.It is strictly prohibited for Galleries to exhibit or sell antiquities banned for trade according to current regulations. If reproductions are sold, the copies must differ in size from the original by at least 3 cm, must maintain the same content and form as the original, and must bear the signature of the copier below that of the author. Reproduction of works still within the protection period as stipulated in the Copyright Law is also subject to this regulation.

Article 20.Sales of works at Galleries must be recorded in ledgers, invoices, and other supporting documents clearly, ensuring the rights of the author and the buyer. Exportation must comply with regulations concerning the export of cultural products.

Article 21.Galleries are responsible for compensating authors for loss or damage to works. The level of compensation is determined by mutual agreement.

Article 22.Galleries must be subject to management by relevant authorities as prescribed by current regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Organizations or individuals operating exhibitions or Galleries when organizing domestic or international fine arts exhibitions must strictly adhere to this regulation.

Article 24. Organizations or individuals who violate this regulation will be subject to administrative penalties or criminal liability as prescribed by current regulations.

Article 25. The Fine Arts Division (Ministry of Culture, Sports and Tourism), Provincial Departments of Culture and Information, are responsible for implementing this regulation.

Article 26. This regulation takes effect fifteen days after the date of signing. The Regulation of the Ministry of Culture, Sports and Tourism on domestic and international fine arts exhibitions (paintings and sculptures) issued pursuant to Decision No. 580/QD-MT dated May 11, 1992, and the guidance documents issued by the Fine Arts Division shall become invalid upon the effectiveness of this regulation.

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

APPLICATION FOR ORGANIZING AN INTRA-COUNTRY ART EXHIBITION

Respectfully submitted to: ...

 

Name of the exhibition organizing unit            

Address:      

Telephone...Fax:

Request for permission to hold an intra-country art exhibition in Vietnam

- Exhibition title:        

Exhibition venue: from...to

Number of works:            

- Number of artists:  

(Attached list)

Date        month      year 199

Organizing unit

(Signature, stamp)

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

PERMIT FOR INTRA-COUNTRY ART EXHIBITION

 

Based on Decision No....1999/QĐ-BVHTT dated      month        year 1999 of the Ministry of Culture, Sports and Tourism promulgating the "Regulation on Art Exhibition Activities and Galleries".

Considering the application of:          

Cultural management agency grants permission for the exhibition

- Exhibition title:  

- Organizing unit:     

- Exhibition venue:...         

- Exhibition period:

- Number of works displayed:       

- Number of artists:  

Date        month      year 199

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

APPLICATION FOR ORGANIZING AN EXPORTED ART EXHIBITION

Respectfully submitted to: ...

 

Name of the exhibition organizing unit            

Address:      

Telephone...Fax:

Request for permission to hold an intra-country art exhibition in Vietnam

- At the invitation of:

Request for permission to hold an exported art exhibition

Exhibition title:          

Exhibition venue: from...to

Country:   

Exhibition period:            

Number of works:            

- Number of artists:  

Date        month      year 199

Organizing unit

(Signature, stamp)

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

PERMIT FOR EXPORTED ART EXHIBITION

 

Based on Decision No....1999/QĐ-BVHTT dated month year 1999 of the Ministry of Culture, Sports and Tourism promulgating the "Regulation on Art Exhibition Activities and Galleries".

Considering the application of:          

Cultural management agency grants permission for the exported art exhibition.

- Exhibition title:  

- Organizing unit:     

- Exhibition venue:...         

- Country:

- Exhibition period:          

- Number of works displayed:       

- Number of artists:  

Date        month      year 199

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

APPLICATION FOR REGISTRATION OF GALLERY ACTIVITY

 

Name of Entity (Mr./Mrs.)

Address:      

Telephone...Fax:

Permanent domicile:

- Identity Card Number:        

- Issued on   month     year    at        

Request for Permission to Organize Gallery Activity

- Location of Gallery:  

- Name of Gallery    

- Exhibition Area           

- Fire Safety Equipment

- Exhibited and Sold Products      

- Main Responsible Person (Director)  

- Professional Advisor (if any)          

During the operation of the Gallery, we strictly comply with the "Regulation on Fine Arts Exhibition Activities and Galleries" and current tax and cultural management regulations.

 

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

CERTIFICATE OF ELIGIBILITY FOR GALLERY ACTIVITY

 

Pursuant to Decision No. 1999/QD-BVHTT dated    month      year 1999 of the Ministry of Culture, Sports and Tourism promulgating the "Regulation on Fine Arts Exhibition Activities and Galleries".

Upon consideration of the application of   …Department of Culture, Sports and Tourism grants a certificate of eligibility for gallery activity to  

- Entity (Mr./Mrs.)    

- Location  

- Name of Gallery    

(The certificate is valid for 3 years from the date of issuance)