Decision No. 03/2010/QD-BVHTTDL provides detailed regulations on the criteria, procedures, and formalities for awarding the Ho Chi Minh Prize for Literature and Arts.

CIRCULAR

PROVISIONS ON STANDARDS, PROCEDURES, PROCEDURES, AND DOCUMENTATION FOR CONSIDERING THE GRANTING OF THE HO CHI MINH AWARD AND THE STATE AWARD FOR LITERATURE AND ART

Pursuant to the Law on Competition and Reward dated November 26, 2003, and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005;
Pursuant to Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;
Article 1. Other types of artistic performances
After reaching consensus with the Ministry of Home Affairs (Central Competition-Reward Board), the Ministry of Culture, Sports and Tourism details the standards, procedures, processes, and documentation for considering the granting of the Ho Chi Minh Award and the State Award for Literature and Art as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Circular specifies the detailed standards, procedures, processes, and documentation for considering the granting of the Ho Chi Minh Award and the State Award for Literature and Art to the following subjects:

1. Authors who are Vietnamese citizens with literary and artistic works, clusters of works; research projects, clusters of research projects in literature and art that have been published and used since the establishment of the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam.

2. Authors who are foreign nationals with literary and artistic works, clusters of works; research projects, clusters of research projects on literature and art related to Vietnam.

Article 2. Interpretation of Terms

The terms used in this Circular shall be understood as follows:

1. Literary and artistic work is a creative product in the activities of creation and research in literature and art including: literary and artistic works and research, theoretical and critical works.

2. Literary and artistic project is a product of activities in the field of research, theory, criticism, and collection of literature and art, making significant contributions to understanding, having a large and positive influence in the field of literature and art.

3. Cluster of literary and artistic works is a collection of works belonging to a specific field of literature and art by one author or multiple co-authors.

4. Cluster of literary and artistic projects is a collection of projects belonging to a specific field of literature and art by one author or multiple co-authors.

5. Author is a person who directly creates a work or project through their own labor.

6. Co-author is multiple persons who directly create a work or project through their own labor.

Those who only assist or support the author and co-authors with technical, material, or financial resources without participating in the creation of the work or project shall not be considered as authors or co-authors of the work or project.

Article 3. Time for Granting Awards

1. The Ho Chi Minh Award is considered and announced every five years on National Day, September 2.

2. The State Award is considered and announced every two years on National Day, September 2.

3. The organization of the consideration and granting of the Ho Chi Minh Award and the State Award for Literature and Art in each round shall be carried out according to this Circular and the guidance documents of the National Award Granting Council, and the guidance documents of the Ministry of Culture, Sports and Tourism.

Article 4. Benefits of Recipients of the Ho Chi Minh Award and the State Award for Literature and Art

The recipient of the Ho Chi Minh Award or the State Award for Literature and Art shall receive the Certificate of the Ho Chi Minh Award or the Certificate of the State Award for Literature and Art presented by the President of the State accompanied by a monetary award (as uniformly guided by the Ministry of Finance and the Ministry of Culture, Sports and Tourism) and other benefits as prescribed by current laws.

Chapter II

CONDITIONS AND CRITERIA FOR CONSIDERING AWARDS

Article 5. Conditions for considering awards

Works, clusters of works; projects, clusters of projects proposed for consideration for the Ho Chi Minh Award and the State Award for Literature and Art must meet the following conditions:

1. They have been published and used in forms such as publication, construction, exhibition, performance, film, radio, television, lecture in one of the following fields:

a) Literature: prose, poetry, research, theory, and criticism on literature.

b) Music: music genres, research, theory, and criticism on music.

c) Theater: staged theatrical scripts, plays of various theater types, research, theory, and criticism on theater.

d) Fine Arts: painting, graphics, sculpture, applied arts, decorative arts, research, theory, and criticism on fine arts.

đ) Photography: photography genres (photographs), research, theory, and criticism on photography.

e) Dance: staged dance scripts, dance performances, and research, theory, and criticism on dance.

g) Cinema: films in the categories of feature films, documentary films, scientific films, animated films, television series, and research, theory, and criticism on cinema.

h) Folk Literature and Art: collected works, research, theory, and criticism on folk literature and art.

i) Architecture: constructed architectural projects, clusters of projects, and research, theory, and criticism on architecture.

2. A work, cluster of works; a project, cluster of projects can only be proposed for consideration for the Ho Chi Minh Award or the State Award in one field of literature and art.

3. Works, clusters of works; projects, clusters of projects that have already received the State Award cannot be combined with other works or projects to propose for consideration for the Ho Chi Minh Award.

4. Works, clusters of works; projects, clusters of projects proposed for consideration for the Ho Chi Minh Award or the State Award must be works, clusters of works, projects, clusters of projects without disputes over copyright, without complaints about content and results from the time of publication or release until the time of award consideration.

Article 6. Criteria for considering the Ho Chi Minh Award

Works, clusters of works; projects, clusters of projects proposed for consideration for the Ho Chi Minh Award in literature and art must meet the following criteria:

1. Particularly outstanding, with very high artistic and ideological value; having significant impact in serving the revolutionary cause; widely influential and long-lasting in people's lives; making important contributions to economic and social development, national defense, and the literary and artistic cause of the country; promoting positive images of the country, nation, and Vietnamese people; fostering good relations between Vietnam and countries around the world.

2. Works, clusters of works; projects, clusters of projects proposed for consideration for the Ho Chi Minh Award must be works, clusters of works; projects, clusters of projects that have been published or applied in practice for at least five years as of the date of submitting the application for award consideration.

3. Works, clusters of works; projects, clusters of projects that have won official awards (from Gold Awards, First Prizes, or equivalent) in national or international exhibitions, festivals, or by central specialized associations of literature and art (hereinafter referred to as Central Literary and Art Associations) will be considered for additional points.

Article 7. Criteria for awarding the State Prize

Works, clusters of works; projects, clusters of projects proposed for consideration to be awarded the State Prize in literature and art must meet the following criteria:

1. Outstanding, with high value in terms of ideological content and artistic form; having a positive effect in educating and building new individuals, enhancing the aesthetic level of the people; making significant contributions to the development of the national literature and art; promoting a good image of the country, nation, and Vietnamese people; fostering good relations between Vietnam and other countries around the world.

2. Works, clusters of works; projects, clusters of projects proposed for consideration to be awarded the State Prize must be works, clusters of works; projects, clusters of projects that have been published or applied in practice for at least three years as of the date of submitting the application for consideration of the award.

3. Works, clusters of works; projects, clusters of projects that have officially received awards (starting from Silver Medal, Second Prize, or higher) in national or international exhibitions, festivals, or from the Central Literature and Art Association shall be considered for additional points.

Chapter III

PROCEDURE AND PROCEDURES FOR CONSIDERATION

Article 8. Author's dossier

To be considered for the Ho Chi Minh Prize or the State Prize in literature and art, the author, co-author, or the lawful representative of the author, co-author must submit a registration dossier for the work proposed for the award. The dossier is prepared in four copies, each copy including:

1. One copy of the registration for the work, cluster of works; project, cluster of projects proposed for consideration to be awarded the Ho Chi Minh Prize or the State Prize in a specific field of literature and art (according to Model 1a or 1b of this Circular) with a 4x6 photograph of the author or co-author affixed.

2. A copy or original of the work, cluster of works; project, cluster of projects proposed for consideration under the form of: paintings, photographs (size 21cm x 29.7cm), tapes, discs, books, accompanied by a summary introducing the content of the work, cluster of works; project, cluster of projects.

3. Certified copies of the Decision on commendation or Certificate of Award for each award (one copy for each award).

Article 9. Place to receive the author's dossier:

1. Provincial Literature and Art Association (hereinafter referred to as Provincial Literature and Art Association) under the central association in charge of a specific field has the responsibility to receive the dossier of works in that field from the author, co-author, or the lawful representative of the author, co-author.

2. The author, co-author, or the lawful representative of the author may submit the dossier for consideration of the Ho Chi Minh Prize or the State Prize to the Provincial Literature and Art Association where the author, co-author, or the lawful representative resides, or alternatively, may send the dossier to the Central Literature and Art Association if it is more convenient.

3. Foreign authors, co-authors, or their lawful representatives should submit the dossier to the Central Literature and Art Association (the dossier includes an introduction letter from the Ministry of Foreign Affairs of the Socialist Republic of Vietnam regarding the author and the work).

Article 10. Award Review Process

The selection of works, clusters of works; projects, clusters of projects proposed for the President to decide on awarding the Ho Chi Minh Prize and the State Prize for Literature and Art shall be carried out through three levels of the Ho Chi Minh Prize and State Prize for Literature and Art Review Councils (hereinafter referred to as the Council): the grassroots-level Council, the provincial-level Council, and the national-level Council.

1. Institutional Council

a) The grassroots-level Council is the Council established by the Chairman of the Provincial or Central City Literature and Art Association or the Chairman of the Central Literature and Art Association.

b) The responsibilities of the grassroots-level Council include:

Receiving applications from authors, co-authors, and their lawful representatives; organizing the selection of literary and artistic works, clusters of works, projects, and clusters of projects that meet the conditions and standards, and submitting them to the provincial-level Council or the ministry-level Council.

2. The provincial-level Council (hereinafter referred to as the provincial Council):

a) The provincial-level Council is the Council established by the Minister or head of a ministerial-level agency or the Chairman of the People's Committee of a province or centrally governed city.

b) The responsibilities of the provincial-level Council include:

Receiving the results of the preliminary review submitted by the grassroots-level Council; organizing the selection of literary and artistic works, clusters of works, projects, and clusters of projects that meet the conditions and standards, and submitting them to the national-level Council.

3. The national-level Council is decided by the Prime Minister.

The Ministry of Culture, Sports and Tourism is the permanent body of the national-level Council in the awarding process of the Ho Chi Minh Prize and the State Prize for Literature and Art.

The Ministry of Culture, Sports and Tourism has the responsibility:

a) To receive the application results submitted by the provincial-level Council;

b) To be responsible for establishing specialized councils to provide advice and evaluate the nine artistic fields as follows: literature, music, theater (including circus and puppetry), fine arts, photography, dance, film, folk art, and architecture;

c) To establish a secretariat team to assist the national-level Council.

Article 11. Principles of Operation of the Council

1. The Council at each level consists of representatives of professionals and experts with credibility in each field of literature and art; representatives of managers with relevant expertise and understanding of the specialized field; some authors who have been awarded the Ho Chi Minh Prize or the State Prize for Literature and Art; and some representatives of central or local functional agencies related to the field.

2. The Council operates based on the principles of democracy, transparency, and secret ballot. Works, clusters of works; projects, clusters of projects proposed for the Ho Chi Minh Prize or the State Prize for Literature and Art must receive at least 3/4 of the votes of all Council members to be recommended for review by the higher-level Council.

3. Authors whose works, clusters of works, projects, and clusters of projects are being considered for the Ho Chi Minh Prize or the State Prize for Literature and Art shall not participate in any level of the Council.

4. Meetings of the Council at each level must have at least 3/4 of the Council members present, including the Chairman or Deputy Chairman authorized to represent the Chairman.

5. The Council at each level is responsible for reviewing applications according to the procedures stipulated in Article 10 of this Circular; they shall not accept and review applications that do not comply with the prescribed procedures and formalities.

6. The Council at each level is responsible for publicly announcing the results within 10 working days; notifying in writing cases that do not meet the conditions and standards (specifying the specific reasons); resolving complaints thoroughly and concluding before submitting the applications of qualified cases to the higher-level Council.

Article 12. Composition of the Council

1. Basic-level Council: consists of 7 to 9 members

a) Chairman of the Council: Chairman of the Literature and Arts Association.

In case the Chairman of the Literature and Arts Association has works or projects registered for consideration for the Ho Chi Minh Prize or State Prize, then the Vice-Chairman of the Literature and Arts Association shall serve as the Chairman of the Council.

In case both the Chairman and the Vice-Chairman of the Literature and Arts Association have works or projects registered for consideration for the Ho Chi Minh Prize or State Prize, a report shall be submitted to the leadership of the Ministry of Culture, Sports and Tourism to decide on the Chairman of the Council.

b) Members of the Council: experts and specialists with prestige and deep understanding of their specialized fields; managers with deep understanding of their specialized fields; some outstanding authors who have been awarded the Ho Chi Minh Prize or State Prize in literature and arts;

2. Council at the ministry, sector, provincial level: from 11 to 15 members;

a) Chairman of the Council at the ministry, sector, provincial level: Minister, head of a ministry-equivalent agency or Chairman of the People's Committee of a province or centrally governed city.

b) Members of the Council: experts and specialists with prestige and deep understanding of their specialized fields; managers with deep understanding of their specialized fields; representatives of the Propaganda Department, the Awards and Commendations Department of the provincial People's Committee (for provincial level); some outstanding authors who have been awarded the Ho Chi Minh Prize or State Prize in literature and arts.

3. Decision on establishing the Council and its secretariat:

a) The Chairman of the Literature and Arts Association decides on the establishment of the basic-level Council; the basic-level Council uses the seal of the Literature and Arts Association under the responsibility of the Council Chairman. The Council has a secretariat decided by the Council Chairman.

b) The Chairman of the People's Committee of a province or centrally governed city decides on the establishment of the provincial-level Council. The Department of Culture, Sports and Tourism serves as the permanent body assisting the provincial-level Council. The Council uses the seal of the permanent body. The Council has a secretariat decided by the Director of the Department of Culture, Sports and Tourism to establish.

c) Minister or head of a ministry-equivalent agency decides on the establishment of the ministry-level Council and its secretariat.

Article 13. Documents of Councils at all levels

1. Documents for requesting consideration for the Ho Chi Minh Prize in literature and arts by Councils at all levels include:

a) Proposal for considering the Ho Chi Minh Prize (Form 2a);

b) List of candidates for the Ho Chi Minh Prize (Form 3a);

c) Minutes of the Council meeting to consider the Ho Chi Minh Prize (Form 4a);

d) Minutes of the vote counting for the Ho Chi Minh Prize (Form 5a) accompanied by ballots (Form 7a);

đ) Report on the process of organizing the consideration for the Ho Chi Minh Prize (Form 6a);

e) Personal files as stipulated in Article 8 of this Circular;

g) Decision on establishing the Council.

2. Documents for requesting consideration for the State Prize in literature and arts by Councils at all levels include:

a) Proposal for considering the State Prize (Form 2b);

b) List of candidates for the State Prize (Form 3b);

c) Minutes of the Council meeting to consider the State Prize (Form 4b);

d) Minutes of the vote counting for the State Prize (Form 5b) accompanied by ballots (Form 7b);

đ) Report on the process of organizing the consideration for the State Prize (Form 6b);

e) Personal files as stipulated in Article 8 of this Circular;

g) Decision on establishing the Council.

3. Number of documents of Councils at all levels

a) Basic-level Council submits to the ministry-level Council or provincial-level Council: five sets of documents as prescribed in Clause 1 and Clause 2 of this Article.

b) Ministry-level or provincial-level Council submits to the national-level Council (through the Ministry of Culture, Sports and Tourism): four sets of documents as prescribed in Clause 1 and Clause 2 of this Article.

Chapter IV

RESPONSIBILITIES FOR IMPLEMENTATION

Article 14. Responsibilities of organizations and individuals

1. The Chairman of the basic-level Council and the Chairman of the ministry-level or provincial-level Council are responsible for the accuracy in selecting documents for consideration for the Ho Chi Minh Prize and the State Prize in literature and arts, and are also responsible for handling complaints within the scope of their Council's responsibilities.

2. Authors, co-authors, and legal representatives of authors or co-authors requesting consideration for the Ho Chi Minh Prize and the State Prize in literature and arts are responsible for the accuracy and honesty in declaring and registering their works or projects; their works or projects.

3. Individuals or organizations that certify or appraise falsely or forge documents for others to request the Ho Chi Minh Prize or the State Prize in literature and arts will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Article 15. Complaints and Resolution of Complaints

1. Organizations and individuals have the right to complain about the results of selection and violations of regulations, procedures, and formalities for consideration if they believe there are violations.

a) Complaint letters from agencies or organizations must clearly state the name of the complaining agency or organization, reasons for complaint; bear the seal and signature of the authorized authority.

b) Complaint letters from individuals must clearly state their full name, position, address, reasons for complaint, and bear their direct signature (no printed or copied signatures).

c) Complaint letters should be sent to the Chairman of the Council where the organization or individual believes there are violations.

2. The Council at any level receiving a complaint letter shall have the Chairman of that Council responsible for examining and providing a final response to the complaint letter; not to examine anonymous or unaddressed complaint letters.

Article 16. Effective Date

1. This Circular takes effect 45 days from the date of signing and replaces Circular No. 23/2007/TT-BVHTT dated July 27, 2007 of the Ministry of Culture, Sports and Tourism guiding the consideration for the Ho Chi Minh Prize and the State Prize in literature and arts.

2. Chairmen of Literature and Arts Associations, heads of relevant agencies and units are responsible for organizing the dissemination, implementation, and ensuring awareness and compliance with this Circular among relevant entities.

During the implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to reflect these issues to the Ministry of Culture, Sports and Tourism (through the Department of Awards and Commendations) for timely research and amendment./.