Circular No. 04/2009/TT-BVHTTDL detailing certain provisions of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government.

CIRCULAR

Detailed regulations on implementing certain provisions of 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.

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Article 1. Other types of artistic performances

Pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the Regulation on cultural activities and public cultural service business operations;

The Ministry of Culture, Sports and Tourism issues detailed regulations on implementing certain provisions of 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,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular specifies the implementation of the following contents of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP:

a) General provisions;

b) Provisions on circulation and business of music and stage performance discs;

c) Provisions on organizing festivals;

d) Provisions on discotheque activities;

đ) Provisions on karaoke activities;

e) Provisions on electronic game activities;

g) Provisions on folk artistic performances.

2. The following activities shall be carried out according to the documents of the Ministry of Culture and Information (former) and the Ministry of Culture, Sports and Tourism issuing separate detailed regulations for each field:

a) Professional artistic performances;

b) Miss/Miss Universe/Pageant contests;

c) Fashion shows, modeling;

d) Cultural and artistic exhibitions;

đ) Construction of monuments, grand paintings;

e) Creation and exhibition of propaganda posters;

g) Sculpture creation;

Photography;

i) Teaching music and dancing outside public training institutions;

k) Some other cultural activities and public cultural service business operations.

Article 2. Interpretation of Terms

Certain terms defined in the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP (hereinafter referred to as the Regulation) are understood as follows:

1. Cultural activities, cultural services, and other forms of entertainment specified in point a Clause 1 Article 2 of the Regulation

a) Other cultural services include: Recording (music studios and lyrics); filming (camera work); portrait painting, painting, copying paintings; making statues; producing paper offerings; teaching dancing, teaching music.

b) Other forms of entertainment include: Folk games; folk artistic performances and other forms of entertainment with cultural content.

c) Cultural activities, cultural services, and other forms of entertainment not specified in points a and b of this clause.

2. Festivals specified in Clause 1 Article 17 of the Regulation

a) Folk festivals are festivals organized to honor those who have made contributions to the country and community; worshiping deities, traditional symbols, and other folk religious activities that represent valuable traditional historical, cultural, and social moral values.

b) Historical and revolutionary festivals are festivals organized to honor historical figures and events.

c) Cultural, sports, and tourism festivals are festivals organized to promote culture, sports, and tourism including cultural, sports, and tourism festivals, cultural, sports, and tourism weeks, cultural and tourism weeks, cultural and tourism months, and cultural and tourism years.

d) Foreign-origin festivals held in Vietnam are festivals organized by Vietnamese organizations or foreign organizations legally operating in Vietnam to introduce the excellent cultural values of their countries to the Vietnamese public.

3. Dancing specified in Articles 24 and 27 of the Regulation is an art form expressed through dances, involving coordinated movements of hands, feet, and body to musical rhythms performed by male-female pairs or groups of males and females for the purpose of entertainment, emotional exchange, and aesthetic appreciation.

4. Administrative state agencies specified in Clause 1 Article 24 and Clause 4 Article 30 of the Regulation include state management agencies, political organizations, political-social organizations at all levels, police camps, military camps; international organizations, embassies, consulates of foreign countries.

5. Schools specified in Clause 1 Article 24 and Clause 4 Article 30 of the Regulation include kindergartens, nurseries, primary schools, secondary schools, high schools within the national education system.

Article 3. Prohibited Activities in Cultural Operations and Public Cultural Service Businesses

1. Cultural activities and cultural service businesses containing content that incites violence, disseminates criminal acts as stipulated in Point b, Clause 1, Article 3 of the Regulation include those with images, language, sounds, and actions depicting scenes of beating, torture, brutal killings, and other acts that offend human dignity, contravene Vietnam's tradition of peace and benevolence, not aimed at denouncing crimes, not aimed at promoting justice, including:

a) Depicting scenes of heads falling, blood flowing, cutting, and chopping off body parts of humans;

b) Depicting scenes of stabbing, slashing, punching, and brutally beating;

c) Depicting scenes of horror, terror, writhing in pain, and agony of humans;

d) Depicting scenes of satisfaction and pleasure of criminals;

đ) Depicting other criminal acts.

2. Cultural activities and cultural services containing content that portrays licentious and decadent lifestyles as stipulated in Point b, Clause 1, Article 3 of the Regulation include those with images, language, sounds, and actions that arouse and stimulate licentiousness, decadence, immorality, incest contrary to Vietnam's traditional morality and customs, including:

a) Depicting genitalia, sexual acts between people, between people and animals, masturbation in all forms;

b) Depicting nudity, or non-nudity but sexually stimulating;

c) Depicting sexual desires.

3. In cases where cultural products or cultural activities contain the contents specified in Clause 2 of this Article for character development purposes, they must be consistent with the theme of the work or specific activity.

4. Cultural activities and cultural services containing superstitious and heretical content as stipulated in Point b, Clause 1, Article 3 of the Regulation include those with content that bewitches others, goes against nature, and has negative impacts on cognition, including: praying to exorcise evil spirits, curing diseases through sorcery, spirit possession and prophecy, fortune-telling, divination, dice rolling, spreading prophecies, charms, and curses, seeking benefits for oneself at the expense of others through witchcraft, burning paper offerings in public places, and other superstitious practices.

Chapter II

SPECIFIC PROVISIONS

Article 4. Competence and Procedures for Issuing Circulation Permits and Control Labels for Music Tapes and Discs, Stage Performances

1. Widespread circulation music tapes and discs as stipulated in Clause 1, Article 5 of the Regulation refer to tapes and discs circulated in quantities of 50 copies or more.

2. Organizations and individuals who are granted circulation permits for music tapes and discs as stipulated in Point c, Clause 2, Article 5 of the Regulation must submit two copies of the tapes and discs with approved content immediately upon receipt of the permit.

3. The Director of the Performing Arts Department (Ministry of Culture, Sports and Tourism) issues circulation permits and control labels for music tapes and discs, stage performances as stipulated in Point a, Clause 2, and Clause 4, Article 5 of the Regulation and is responsible to the Minister of Culture, Sports and Tourism.

4. The origin of music tapes and discs as stipulated in Point a, Clause 3, Article 5 of the Regulation must clearly state whether they are produced domestically, purchased from domestic owners, or imported from abroad.

5. After the retention period for tapes and discs as stipulated in Point c, Clause 2, Article 5 of the Regulation expires, the Director of the Performing Arts Department organizes disposal and reports to the Minister of Culture, Sports and Tourism; the Director of the Department of Culture, Sports and Tourism organizes disposal and reports to the Chairman of the People's Committee of the province or centrally-administered city.

Article 5. Mass Art Performances

1. Agencies, organizations, and individuals organizing mass art performances (hereinafter referred to as the organizers of mass art performances) shall not need to apply for a performance permit but must comply with the provisions set forth in Clauses 2 and 3 of Article 9, Points a, c, and e of Clause 2 of Article 10 of the Regulation and the specific provisions below:

a) Mass art performances within residential areas or within agencies and organizations for the purpose of serving political tasks or meeting cultural and artistic needs at the grassroots level shall be the responsibility of the organizer of the mass art performance;

b) When organizing mass art performances outside the internal premises of agencies and organizations, the organizer of the mass art performance must submit a notification letter to the Cultural and Information Office at the performance location at least seven days before the performance date. The notification must clearly state the purpose, scope, content of the program, time, and place of the performance;

c) Vietnamese agencies and organizations when collaborating with foreign agencies and organizations operating in Vietnam to organize mass art performances must submit a notification letter to the Department of Culture, Sports, and Tourism at the performance location at least ten days before the performance date. The content of the notification shall be as stipulated in Point b of this Clause;

d) Foreign agencies and organizations operating in Vietnam when organizing mass art performances outside their internal premises must cooperate with Vietnamese agencies and organizations with cultural-artistic functions and the Vietnamese agencies and organizations that collaborate in organizing must submit a notification letter to the Department of Culture, Sports, and Tourism at the performance location as stipulated in Point c of this Clause.

2. Mass Art Festivals

a) Mass art festivals involving sectors and groups at various administrative levels in localities shall be decided and established by the Chairman of the People's Committee at the same level;

b) Regional mass art festivals (with participation from multiple provinces) shall be decided and established by the Chairman of the People's Committee of the province or centrally-administered city hosting the event;

c) National mass art festivals shall be organized by the Ministry of Culture, Sports, and Tourism, and the establishment of the organizing committee shall be decided by the Minister of Culture, Sports, and Tourism;

d) Mass art festivals within sectors and mass organizations at various administrative levels shall be decided and established by the head of the sector or mass organization at that administrative level. The decision on establishing the organizing committee and the organizational plan must be sent to the competent state management agency for culture, sports, and tourism at the same level at least fifteen days before the festival takes place;

đ) For mass art festivals inviting foreign mass art groups to participate, the organizing entity must notify the competent state management agency for culture, sports, and tourism at the same level in writing. The notification must clearly state the invited partner, purpose, scope, program, time, and place of the performance. In cases where the competent state management agency for culture, sports, and tourism at the same level cannot be determined, the notification letter must be sent to the Department of Culture, Sports, and Tourism at the festival location;

3. Organization and Activities of Mass Art Groups

a) Mass art groups shall be established in accordance with the provisions of the law;

b) Mass art groups performing in other localities must submit a notification letter to the Cultural and Information Office at the performance location at least ten days before the performance date. The notification must clearly state the content of the program, time, and place of the performance; whether it is a free exchange performance or a ticketed performance; the person responsible for organizing, and attach a copy of the public performance permit for the case of ticketed performances as stipulated in Point c of this Clause;

c) Mass art groups performing with ticket sales for viewing must have their content approved and be issued a performance permit by the Department of Culture, Sports, and Tourism at the performance location in accordance with the regulations applicable to professional art performances.

Article 6. Procedure for registering artistic performance organizations at tourist accommodation facilities, restaurants, and refreshment establishments

Tourist accommodation facilities, restaurants, and refreshment establishments organizing performances for foreign art troupes and artists without selling tickets to generate revenue shall register with the Department of Culture, Sports and Tourism in accordance with Clause 2 of Article 8 of the Implementation Regulation as follows:

1. At least 10 days before the date of the performance, the organizer must submit a registration document to the Department of Culture, Sports and Tourism.

2. The registration document must clearly state: Name of the program or play; content of the program or play; list of authors, directors, choreographers, musicians, painters, actors; time and location of the performance (Form No. 1 issued together with this Circular).

3. Upon receiving the performance registration, the Department of Culture, Sports and Tourism must record it in a logbook and issue a Performance Registration Receipt to the registrant (Form No. 2 issued together with this Circular).

Article 7. Regulations on submitting written reports when organizing festivals

Written reporting to competent state agencies regarding festivals that do not require permission as stipulated in Article 19 of the Regulation shall be carried out as follows:

1. At least 30 days prior to the festival date, the festival organizing agency must send a written report to the competent authority:

a) Send to the Cultural and Information Office for festivals organized by commune-level authorities;

b) Send to the Department of Culture, Sports and Tourism for festivals organized by district-level authorities;

2. The report must clearly state: Time, location, content, program, script of the festival (if applicable); decision to establish and list of the Festival Organizing Committee.

3. After receiving the written report, the competent cultural, sports, and tourism authority has the responsibility to direct and guide inspections of the implementation.

Article 8. Civilized behavior during festivals

Individuals attending festivals must comply with civilized behavior during festivals as prescribed in Article 21 of the Regulation as follows:

1. Adhere to all regulations set forth by the Festival Organizing Committee for attendees;

2. Dress appropriately in accordance with ethnic customs and traditions;

3. Refrain from superstitious and unscientific activities; do not organize or participate in gambling in any form;

4. Do not disrupt public order and security; do not obstruct traffic and public activities;

5. Maintain environmental hygiene during the festival and comply with the rules established by the Festival Organizing Committee and the Heritage Management Board for areas containing heritage sites.

Article 9. Writing and placing signs

The directly managing agency specified in point a, Clause 3, Article 23 of the Regulation, which is the immediate superior agency deciding on organizational structure, personnel, budget, or resolving policies and benefits for the agency or organization writing and placing signs, such as the Ministry of Culture, Sports and Tourism being the directly managing agency of the Cultural Newspaper; the People's Committee of Hanoi City being the directly managing agency of the Hanoi Department of Education and Training; the National University of Hanoi being the directly managing agency of the University of Social Sciences and Humanities; Company X being the directly managing agency of Company Y.

State management agencies are not the directly managing agencies of law firms, private enterprises, or certain types of companies.

Article 10. Conditions for operating and conducting business at dance halls

1. Cultural houses and cultural centers applying for a business license for dance halls must be legal entities as prescribed in Article 84 of the Civil Code 2005.

2. The distance of 200 meters or more specified in Clause 1, Article 24 of the Regulation shall be measured along traffic routes from the entrance of the dance hall to the gate of schools, hospitals, religious sites, places of worship, historical and cultural relics, administrative agencies. Such distance shall only apply when schools, hospitals, religious sites, places of worship, historical and cultural relics, and administrative agencies exist prior to the business location's registration for business or application for a Business License.

3. The direct manager of the dance hall must have a secondary level qualification in arts and culture as stipulated in Clause 2, Article 24 of the Regulation, including performing arts, fine arts, cinema, mass culture, and cultural management.

4. Sound emanating from the dance hall must not exceed the national standard for maximum noise levels as prescribed in Clause 3, Article 27 of the Regulation, measured outside the windows and doors of the dance hall.

Article 11. Scope of Business for Dance Halls

The scope of business for dance halls as defined in Article 26 of the Regulation means that they can only operate at facilities meeting the conditions set out in Article 24 and Clause 1, Article 25 of the Regulation. Organizations or individuals organizing dancing for customers or allowing customers to dance for commercial purposes outside these facilities are considered violations of Article 26 of the Regulation.

Article 12. Conditions for Operating and Conducting Business in Karaoke Establishments

1. Tourist accommodation establishments rated with stars or high-class categories do not need to apply for a business license for karaoke operations as prescribed in Clause 3, Article 66 of the Tourism Law dated June 14, 2005, but must meet the conditions stipulated in Clauses 1, 2, 3, 4, and 6 of Article 30 of the Regulation.

2. The door of the karaoke room as prescribed in Clause 2, Article 30 of the Regulation must be a clear glass door; if there is a frame, it cannot exceed two vertical frames and three horizontal frames; the frame area cannot exceed 15% of the door area.

3. The distance of 200 meters or more specified in Clause 4, Article 30 of the Regulation shall be applied as prescribed in Clause 2 of this Circular.

4. The location of karaoke businesses in residential areas must obtain written consent from adjacent households as stipulated in Clause 5, Article 30 of the Regulation, which shall be implemented as follows:

a) Adjacent households are those whose house walls are contiguous with the walls of the karaoke room or whose land is contiguous with the walls of the karaoke room within 5 meters.

b) Adjacent households have the right to agree to the karaoke business operator if the adjacent household has been residing there before and the business operator applies for a Business License later.

In cases where the business operator has already obtained a Business License before the adjacent household builds a house or moves in after the business operator has obtained the Business License, the adjacent household does not have the rights stipulated in Clause 5, Article 30 of the Regulation.

c) The written consent of the adjacent household must be confirmed by the People's Committee of the commune, ward, or town where the business is located, submitted by the applicant in the application dossier, and remains valid throughout the duration of the business operator's authorized business period as stated in the license.

d) If the adjacent household does not provide written consent but also does not object, it shall be deemed as having no opinion, and a document confirming the absence of an opinion must be issued. A document confirming the absence of an opinion means that the adjacent household does not exercise the rights stipulated in Clause 5, Article 30 of the Regulation.

5. Sound emanating from the karaoke room must not exceed the national standard for maximum noise levels as prescribed in Clause 2, Article 32 of the Regulation, measured outside the windows and doors of the karaoke room.

6. Multi-room karaoke restaurants must number each room or name them individually.

7. Service establishments organizing karaoke activities at their premises to meet the needs of their own employees as stipulated in Clause 2, Article 33 of the Regulation must be separate from the business area and must not allow customers to sing karaoke in areas designated for employees.

Service establishments organizing karaoke activities at their premises to meet customer needs, even if they do not charge separately for karaoke services but only charge for food, drinks, or other services in the karaoke room, must still meet the conditions for operating karaoke businesses as stipulated in Article 30 and must obtain a license as prescribed in Clause 1, Article 31 of the Regulation.

Article 13. Documents and procedures for applying for a business license for nightclubs and karaoke establishments

The documents and procedures for applying for a business license for nightclubs and karaoke establishments as stipulated in Clause 2, Article 25 and Clause 2, Article 31 of the Implementation Regulation shall be carried out as follows:

1. Applicants for a business license for nightclubs shall submit their application documents to the Department of Culture, Sports and Tourism; applicants for a business license for karaoke establishments shall submit their application documents to the Department of Culture, Sports and Tourism or the agency issuing business licenses at the district level according to the classification of the People's Committee of the province or centrally governed city.

2. The application documents include:

a) An application form requesting a business license (Form No. 3 and Form No. 5 issued together with this Circular);

b) A copy of the business registration certificate with legal validity;

c) A contract between the applicant for a business license and the person managing the direct activities in the dance hall, accompanied by a copy of the legal qualification certificate of the manager (for nightclub operations);

d) A document agreeing from neighboring households or a document confirming that neighboring households have no objections (for karaoke operations).

3. The agency issuing business licenses shall be responsible for inspecting the actual conditions of the applicant for a business license and comparing them with the planning to issue the business license (Form No. 4 and Form No. 6 issued together with this Circular).

Article 14. Conditions for operating electronic game businesses and electronic game business activities

1. Electronic game activities as defined in the Regulation include both online games and games using machines not connected to the Internet; they do not include electronic games with prizes for foreigners.

2. The distance of 200 meters or more as stipulated in Point a, Clause 1, Article 35 of the Regulation is measured from the entrance of the electronic game shop to the gate of primary schools, junior high schools, and high schools.

Chapter III

IMPLEMENTATION

Article 15. Effective Date

1. This Circular takes effect from January 1, 2010.

2. The following documents are hereby abolished:

a) Decision No. 165/VH-QĐ dated August 18, 1987 of the Minister of Culture promulgating the Regulation on Mass Art Performances;

b) Circular No. 05/TT-PC dated January 8, 1996 guiding the implementation of the Regulation "Circulation, Business of Films, Video Tapes, Audio Cassettes; Sale, Rental of Publications; Cultural Activities and Cultural Services in Public Places; Advertising, Writing, Placing Signboards" issued together with Decree No. 87/CP dated December 12, 1995 of the Government;

c) Circular No. 35/2002/TT-BVHTT dated December 20, 2002 of the Ministry of Culture and Information guiding additional provisions on cultural activities and public cultural services in the Regulation issued together with Decree No. 87/CP dated December 12, 1995 of the Government;

d) Circular No. 69/2006/TT-BVHTT dated August 28, 2006 of the Ministry of Culture and Information guiding the implementation of certain provisions on the operation of nightclubs, karaoke establishments, and electronic games as stipulated in the Regulation on Cultural Activities and Public Cultural Service Businesses issued together with Decree No. 11/2006/NĐ-CP dated January 18, 2006 of the Government.

3. Any regulations previously issued by the Ministry of Culture and Information, the Ministry of Culture, Sports and Tourism which are not included in the documents specified in Clause 2 of this Article and which contradict the provisions of this Circular shall be abolished.

4. In the course of implementation, if any issues arise or difficulties occur, relevant agencies, organizations, and individuals should promptly report to the Ministry of Culture, Sports and Tourism for consideration, supplementation, and amendment./.