Circular No. 03/2013/TT-BVHTTDL provides detailed implementation of certain provisions of Government Decree No. 79/2012/NĐ-CP dated October 5, 2012 on artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music, dance, and theater.

CIRCULAR

Providing detailed implementation of certain articles of Government Decree No. 79/2012/NĐ-CP dated October 5, 2012 on artistic performances, fashion shows; beauty pageants and model contests; circulation and trading of audio and video recordings of music, dance, theater.

Based on the Law on Legislative Regulatory Documents dated June 3, 2008 and Government Decree No. 24/2009/NĐ-CP dated March 5, 2009 detailing and providing measures for implementing the Law on Legislative Regulatory Documents;

Based on Government Decree No. 79/2012/NĐ-CP dated October 5, 2012 on artistic performances, fashion shows; beauty pageants and model contests; circulation and trading of audio and video recordings of music, dance, theater;

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Based on Government Decree No. 185/2007/NĐ-CP dated December 25, 2007 on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Minister of Culture, Sports and Tourism issues this Circular to provide detailed implementation of certain articles of Government Decree No. 79/2012/NĐ-CP dated October 5, 2012 on artistic performances, fashion shows; beauty pageants and model contests; circulation and trading of audio and video recordings of music, dance, theater.

Article 1. Other types of artistic performances

At the proposal of the Director of the Performing Arts Department;

Other types of artistic performances specified in Clause 2, Article 2 of Government Decree No. 79/2012/NĐ-CP include: Artistic dancing; Performance in installation art; Street performance art.

Article 2. Notification of program content

The notification of program content for artistic performances, fashion shows; beauty pageants and model contests as stipulated in Point a, Clause 2, Article 7 of Government Decree No. 79/2012/NĐ-CP shall be implemented as follows:

1. Organizations or individuals shall directly submit or send via postal service one set of notification documents to the Department of Culture, Sports and Tourism at the location where the event is organized. The set of documents includes:

a) Notification letter from the organization or individual (Form 01).

b) Certified copy of the Permit for organizing artistic performances, fashion shows or Decision allowing the organization of beauty pageants or model contests issued by the competent authority (accompanied by the original for verification).

c) Certified copy of the Decision on establishment or Business Registration Certificate (accompanied by the original for verification).

2. Within four working days from the date of receiving complete and valid documents, the Department of Culture, Sports and Tourism at the location receiving the notification shall respond in writing and return the originals after verification. The Department of Culture, Sports and Tourism has the right to not agree with the organization in cases of national mourning, natural disasters, epidemics, security, and political situations that seriously affect the spirit, life, activities, and social safety in the locality.

Article 3. Art Council

The Art Council reviewing programs as stipulated in Point c, Clause 1, Article 10 of Government Decree No. 79/2012/NĐ-CP is regulated as follows:

1. The Art Council is established by the Performing Arts Administration Bureau or the Department of Culture, Sports and Tourism, operating according to regulations issued by the establishing agency.

2. Members of the Art Council include representatives of state management agencies and professionals.

3. The Art Council's responsibilities include: Assessing and advising on the content, form, and quality of artistic programs; evaluating and concluding on behaviors lacking cultural appropriateness, costumes, and makeup that are inconsistent with the customs and traditions of the nation. The minutes of the Art Council's conclusions serve as one of the bases for permission to perform or handle violations (Form 02).

2. The Art Council consists of representatives from state management agencies and experts.

3. The tasks of the Art Council include: reviewing and advising on the content, form, and artistic quality of programs; identifying, evaluating, and concluding on behaviors lacking in cultural decorum, costumes, and makeup that are not in accordance with national customs and traditions. The minutes of the Art Council's conclusions serve as one of the bases for permitting performances or handling violations (Form 02).

Article 4. Effectiveness of the permit

The effectiveness of the permit stipulated in Clause 2, Article 10 of Decree No. 79/2012/NĐ-CP is as follows:

1. The permit for organizing artistic performances and fashion shows issued by the Performing Arts Administration or the Department of Culture, Sports and Tourism has nationwide validity, except where the permit specifies limitations on performance locations.

2. The permit granted to Vietnamese artists residing abroad for performances upon returning to the country shall be valid for six months.

Article 5. Organization of Competitions and Artistic Festivals

The organization of competitions and artistic festivals as stipulated in Article 16 of Decree No. 79/2012/NĐ-CP shall be carried out as follows:

1. Authority to organize:

The Ministry of Culture, Sports and Tourism, based on the characteristics of each type of art, organizational capacity, and the effectiveness of each competition or festival, shall entrust the Performing Arts Administration or relevant central arts associations (Vietnam Stage Artists Association, Vietnam Dance Artists Association, Vietnam Musicians Association) to organize them.

2. Timing of organization:

a) Professional art unit competitions including types such as Tuong, Cheo, Cai Luong, Drama, Folk Opera, and vocal, dance, and music arts shall be held every three years.

b) Competitions for groups and individual artists in theater and vocal, dance, and music arts shall be held every three years.

c) Artistic festivals shall be organized alternately between two consecutive competition periods. The frequency of festival organization for each type of art is every three years.

d) International contests and festivals hosted by Vietnam are implemented according to the Plan of the Ministry of Culture, Sports and Tourism.

3. Prize structure:

a) Prizes for contests for artistic units:

- Gold and Silver Medals for plays, programs, performances, and performing artists;

- Best Award for groups and individuals in categories such as artists, authors, directors, painters, musicians, choreographers, orchestra conductors, costume designers, sound and lighting designers.

b) Competition awards for groups and individual performing artists: Gold and Silver Medals.

c) Awards for domestic festivals: Gold and Silver Medals for programs and performances associated with groups or individual performing artists.

d) Domestic competition and festival awards include monetary prizes and Certificates. The amount of the prize money is determined by the Minister of Culture, Sports and Tourism or the Chairman of the Provincial People's Committee.

e) International Festival Awards: Gold and Silver Medals for programs and performances associated with organizations and performing artists, accompanied by Certificates and Commemorative Cups.

Article 6. Conditions for Beauty Contestants

A contestant with natural beauty as defined in Point a, Clause 1, Article 19 of Decree No. 79/2012/NĐ-CP is a contestant who has not undergone cosmetic surgery.

Article 7. Plan for Organizing Beauty and Model Contests

The plan for organizing beauty and model contests as specified in Point b, Clause 1, Article 21 of Decree No. 79/2012/NĐ-CP includes the following contents:

1. The name of the contest expressed in Vietnamese (In cases where the contest name uses foreign languages, write the Vietnamese name first, followed by the foreign language name).

2. The purpose and significance of the contest.

3. The rules of the contest clearly defining the conditions and criteria for contestants.

4. Content, procedures, time, and location for organizing the contest.

5. Titles, prize structure, value of prizes, and time of awarding prizes.

6. Responsibilities and benefits of the organizer, contestants, and winning contestants.

7. Proposed membership of the Steering Committee.

8. Proposed list of the Organizing Committee, the Jury, and operational regulations.

9. Estimated budget for organizing the contest.

10. Contestant registration form (Form 03).

Article 8. Examination Board

The Examination Board for beauty and model contests as stipulated in Point b Clause 1 Article 21 Decree No. 79/2012/ND-CP shall be established as follows:

1. Each beauty and model contest shall establish only one (1) Examination Board.

2. The Examination Board shall consist of experts in the following fields: anthropometry, aesthetics, performing arts, film, photography, sociology. Depending on the nature of each contest, the Organizing Committee may invite additional experts from other relevant fields.

3. Licensing authorities, organizing units, and sponsors shall not participate in the Examination Board.

Article 9. Main Title

The main title at beauty and model contests as stipulated in Point a Clause 1 Article 22 Decree No. 79/2012/ND-CP is one of three titles awarded to contestants with the highest scores, ranked from highest to lowest in a beauty and model contest.

Article 10. Organizations and individuals circulating, trading audio and video recordings of music and stage performances

Organizations and individuals circulating, trading audio and video recordings of music and stage performances as stipulated in Clause 2 Article 23 Decree No. 79/2012/ND-CP include enterprises, publishers, public service units, and other organizations and individuals engaged in production, trading, and import/export of audio and video recordings of music and stage performances.

Article 11. Handling expired audio and video recordings

The handling of expired audio and video recordings as stipulated in Article 26 Decree No. 79/2012/ND-CP shall be carried out as follows:

1. The Performing Arts Administration, Department of Culture, Sports and Tourism shall organize the liquidation or public destruction of expired audio and video recordings.

b) Minutes of the liquidation or destruction of audio and video recordings beyond their retention period.

a) The decision to establish the Liquidation Board or Destruction Board for expired audio and video recordings shall be issued by the Performing Arts Administration and the Department of Culture, Sports and Tourism. Members of the Liquidation Board shall include leaders of the agencies specified in Clause 1 of this Article, representatives from specialized departments, finance departments, offices, and People's Supervisors.

1. Form No. 01: Notification of organization of artistic performances, fashion shows; beauty and model contests.

Article 12. Issued together with this Circular

1. Templates for Notification Documents, Minutes, Contest Registration Forms, Licenses, and Decisions:

a) Template 01: Notification Document for artistic performance and fashion show organization.

b) Template 02: Minutes of the Art Council.

c) Template 03: Contestant Registration Form for beauty and model contests.

d) Template 04: License for artistic performance and fashion show organization.

đ) Template 05: Decision allowing foreign art troupes, performers; overseas Vietnamese residents to perform artistic performances and fashion shows.

e) Template 06: Decision allowing the organization of domestic or international beauty contests.

g) Template 07: Decision allowing the organization of domestic or international modeling contests.

h) Template 08: Decision allowing contestants to participate in international beauty and modeling contests.

i) Template 09: Decision approving the content of domestically produced or imported music and stage performance audio and video recordings.

j) Template 10a: Decision allowing the dissemination of songs composed before 1975.

Template 10b: Decision allowing the dissemination of songs composed by overseas Vietnamese residents.

k) Template 11: Decision issuing control labels to be affixed on music and stage performance audio and video recordings.

2. Template for control labels to be affixed on music and stage performance audio and video recordings.

Article 13. Effectiveness and Responsibility for Implementation

2. Repeal Articles 4, 5, and 6 of Circular No. 04/2009/TT-BVHTTDL dated December 16, 2009 detailing the implementation of certain provisions in the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government.

3. The Director of the Performing Arts Administration, Directors of Provincial Departments of Culture, Sports and Tourism, and related organizations and individuals are responsible for implementing this Circular.

4. In case of difficulties during implementation, organizations and individuals are advised to report to the Ministry of Culture, Sports and Tourism for study and amendment./.

4. In the course of implementation, if there are any difficulties, organizations and individuals are advised to submit their recommendations to the Ministry of Culture, Sports and Tourism for study and revision./.