Circular No. 05/2012/TT-BVHTTDL Amending and Supplementing Certain Articles of Circular No. 04/2009/TT-BVHTTDL, Circular No. 07/2011/TT-BVHTTDL, Decision No. 55/1999/QĐ-BVHTT.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL, Circular No. 07/2011/TT-BVHTTDL, Decision No. 55/1999/QD-BVHTTPursuant to Decree No. 01/2012/NĐ-CP dated January 4, 2012 of the Government amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of management of the Ministry of Culture, Sports and Tourism;

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Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents;

Article 1. Other types of artistic performances

At the proposal of the Director of the Office and the Head of the Legal Department;

The Minister of Culture, Sports and Tourism issues this Circular amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL, Circular No. 07/2011/TT-BVHTTDL, Decision No. 55/1999/QD-BVHTT.

Article 1. Amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL dated December 16, 2009 of the Minister of Culture, Sports and Tourism detailing the implementation of 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

1. Clause 3 of Article 4 is amended and supplemented as follows:

"3. The Director of the Performing Arts Department shall issue permits for the circulation of music tapes and discs, stage performances as stipulated at point a, Clause 2, Article 5 of the Regulation.

The Performing Arts Department and the Department of Culture, Sports and Tourism shall issue control labels for music tapes and discs, stage performances as stipulated at Clause 4, Article 5 of the Regulation.

The application for issuance of control labels for music tapes and discs, stage performances (Form 1)."

Notification procedure for organizing artistic performances at tourist accommodation facilities, restaurants, refreshment establishments

2. Article 6 is amended and supplemented as follows:

"Article 6. At least three days before the date of the performance, tourist accommodation facilities, restaurants, refreshment establishments organizing performances by foreign art troupes and artists at their premises without selling tickets for admission as stipulated at Clause 2, Article 8 of the Regulation must notify in writing the Department of Culture, Sports and Tourism where the performance is organized.

The written notification must clearly state: Name of the program, play; content of the program, play; list of authors, directors, choreographers, composers, painters, actors; time and place of the performance (Form 2)."

3. Abolish Form 1 and Form 2.

4. Abolish Clause 3 of Article 10.

5. Abolish Clause 4 of Article 12.

6. Article 13 is amended and supplemented at Clause 2, Clause 3 as follows:

"2. The application documents for obtaining a karaoke business license, dance club business license shall be implemented according to the provisions at point g, point i, Clause 6, Article 2 of Decree No. 01/2012/NĐ-CP dated January 4, 2012 of the Government amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of functions and responsibilities of the Ministry of Culture, Sports and Tourism.

Application for a karaoke business license (Form 3).

3. The licensing authority shall be responsible for inspecting the actual conditions of the applicant for a business license and comparing them with the planning to issue the license."

7. Supplement Clause 4 of Article 13 as follows:

"4. Organizations and individuals applying for a business license shall pay fees as prescribed by the Ministry of Finance at the time of application for the license."

Article 2. Amending certain Articles of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011 of the Minister of Culture, Sports and Tourism amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of functions and responsibilities of the Ministry of Culture, Sports and Tourism

1. Form 23 is amended as follows:

Delete point 3 "Personnel directly managing the dance hall."

Application for a dance club business license (Form 4).

2. Form 24 is amended as follows:

Delete the phrase "3. Personnel directly managing the dance hall must have a secondary specialized education in culture and arts or higher" and the phrase "This permit is valid until the end of... month... year..."

Dance club business license (Form 5).

Business License for Nightclub (Form 5).

Article 3. Amend certain Articles of Decision No. 55/1999/QĐ-BVHTT dated August 5, 1999, issued by the Minister of Culture and Information on the Regulation on the production, export, import, circulation, and business of sound tapes, sound discs, video tapes, video discs, music and stage performances.

Repeal Clause 1 and Clause 2 of Article 9 of the Regulation on the production, export, import, circulation, and business of sound tapes, sound discs, video tapes, video discs, music and stage performances, promulgated together with Decision No. 55/1999/QĐ-BVHTT.

Article 4. Implementation provisions

1. This Circular shall take effect from June 15, 2012.

2. Heads of agencies and units under the Ministry, Directors of Departments of Culture, Sports and Tourism, and related organizations and individuals are responsible for implementing this Circular./.